1997-05 Project ManualPROJECT MANUAL
FOR
COTTAGES OF ALBERTVILLE
ALBERTVILLE, MINNESOTA
PREPARED FOR
COTTAGES OF ALBERTVILLE, LLC
MAY, 1997
PROJECT NO. 96296
I hereby certify that this Project Manual was prepared by me or under my
direct supervision and that I am a duly registered Professional Engineer
under the laws of the State of Minnesota.
>>-..~
Sidney .Williamson
Minnesota Registration Number 10918
MINNESOTA DEPARTMENT pE
Division of Environmental Health HEALTH
This is to eertify that this is
a copy of the plan referred to
in a,~proval letter an water
imprcavements, dated _.~, ~ ig97
B O N E S T R O O W I L L I A M S O N K O T S M I T H
' INSTRUCTIONS TO BIDDERS
1. Defined Terms.
Terms used in these Instructions to Bidders which are defined in the Standard General
Conditions of the Construction Contract, NSPE-ACEC Document 1910-8, CSI (1983 editions)
have the meanings assigned to them in the General Conditions. The term "Successful
' Bidder" means the lowest, qualified, responsible Bidder to whom Owner (on the basis of
Owner's evaluation as hereinafter provided) makes an award.
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2. Copies of Bidding Documents.
2.1 Complete sets of the Bidding Documents, less the "Standard Utilities Specifications
for Watermain, Sanitary Sewer and Storm Sewer Installation, City Engineers Asso-
ciation of Minnesota" less the State of Minnesota Department of Transportation
"Standard Specifications for Highway Construction" in the number and for the
deposit sum, stated in the Advertisement or Invitation may be obtained from Engi-
neer (unless another issuing office is designated in the Advertisement or Invitation
to Bid}. Copies of the "Standard Utilities Specifications for Watermain, Sanitary
Sewer and Storm Sewer Installation, City Engineers Association of Minnesota" are
available for purchase from the office of the Engineer at a nominal fee. One half
the deposit of all unsuccessful bidders and other planholders will be returned if the
Bidding Documents are returned to the Engineer in good condition within ten days
after opening of Bids.
2.2 Complete sets of Bidding Documents shall be used in preparing Bids; neither
Owner nor Engineer assume any responsibility for errors or misinterpretations
resulting from the use of incomplete sets of Bidding Documents.
2.3 Owner and Engineer in making copies of Bidding Domuments available on the
above terms do so only for the purpose of obtaining Bids on the Work and do not
confer a license or grant for any other use.
3. Qualifications of Bidders.
To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit
within five days of Owner's request written evidence, such as financial data, previous
experience and evidence of authority to conduct business in thejurisdiction where the Project
is located. The Owner may make such investigations as he deems necessary to determine
the ability of the Bidder to perform the Work. 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
Page 1 of 7 pages
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such Bidder is properly qualified to carry out the obligations of the agreement and to
complete the Work contemplated therein.
4. Examination of Contract Documents and Site.
4.1 Before submitting a Bid, each Bidder must (a) examine the Contract Documents
thoroughly, (b) visit the site to familiarize himself with local conditions that may in
any manner affect cost, progress or performance of the Work, (c) familiarize
himself with federal, state and local laws, ordinances rules and regulations that
may in any manner affect cost, progress or performance of the Work and (d) study
and carefully correlate Bidder's observations with the Contract Documents.
4.2 Reference is made to the Supplementary Conditions for the identification of those
reports of investigations and tests of subsurface and latent physical conditions
at the site or otherwise affecting cost, progress or performance of the Work which
have been relied upon by Engineer in preparing the Drawings and Specifications.
Owner will make copies of such reports available to any Bidder requesting them.
These reports are not guaranteed as to accuracy or completeness, nor are they
part of the Contract Documents. Before submitting his Bid each Bidder will, at his
own expense, make such additional investigations and tests as the Bidder may
deem necessary to determine his Bid for performance of the Work in accordance
with the time, price and other terms and conditions of the Contract Documents.
4.3 On request Owner will provide each Bidder access to the site to conduct such in-
vestigations and tests as each Bidder deems necessary for submission of his Bid.
4.4 The lands upon which the Work is to be performed, rights-of-way for access there-
to and other lands designated for use by Contractor in performing the Work are
identified in the Supplementary Conditions, General Requirements or Drawings.
4.5 The submission of a Bid will constitute an incontrovertible representation by the
Bidder that he complied with every requirement of this Article 4 and that the
Contract Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance of the Work.
5. Interpretations.
' All questions about the meaning or intent of the Contract Documents shall be submitted to
Engineer in writing. Replies will be issued by Addenda mailed or delivered to all parties
recorded by Engineer as having received the Bidding Documents. Only questions answered
by formal written Addenda will be binding. Oral and other interpretations or clarifications will
be without legal effect.
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6. Bid Security
6.1 Bid Security shall be made payable to Owner, in an amount of five percent of the
Bidder's maximum Bid price and in the form of a certified or bank check or a Bid
Bond (on form attached, if a form is prescribed) issued by a Surety meeting the
requirements of paragragh 5.1 of the General Conditions.
6.2 The Bid Security of the Successful Bidder will be retained until such Bidder has
executed the Agreement and furnished the required Contract Security, whereupon
it will be returned; if the successful Bidder fails to execute and deliver the
Agreement and furnish. the required Contract Security within 15 days of the Notice
of Award, Owner may annul the Notice of Award and the Bid Security of that
Bidder will be forfeited. The Bid Security of any Bidder whom Owner believes to
have a reasonable chance of receiving the award may be retained by Owner until
the earlier of the seventh day after the "effective date of the Agreement" (which
term is defined in the General Conditions) by Owner to Contractor and the
required Contract Security is furnished or the sixty-first day after the Bid opening.
Bid Security of other Bidders will be returned within seven days of the Bid opening.
7. Contract Time.
The number of days within which, or the date by which, the Work is to be completed (the
Contract Time) is set forth in the Bid Form and General Requirements and will be included
in the Agreement.
8. Liquidated Damages.
Provisions for liquidated damages, if any, are set forth in the Agreement and/or the General
Requirements.
9. Substitute Material and Equipment.
The Contract, if awarded, will be on the basis of material and equipment described in the
Drawings or specified in the Specifications without consideration of possible substitute or
"or-equal" items. Whenever it is indicated in the Drawings or specified in the Specifications
that a substitute or "or-equal" item of material or equipment may be furnished or used by
Contractor if acceptable to Engineer, application for such acceptance will not be considered
by Engineer until after the "effective date of the Agreement". The procedure for submittal of
any such application by Contractor and consideration by Engineer is set forth in paragraphs
6.7.1, 6.7.2 and 6.7.3 of the General Conditions which may be supplemented in the General
Requirements.
Page 3 of 7 pages
10. Subcontractors, etc.
10.1 If the Supplementary Conditions require the identity of certain Subcontractors and
other persons and organizations to be submitted to Owner in advance of the
Notice of Award, the apparent Successful Bidder, and any other Bidder so
requested, will within seven days after the day of the Bid opening submit to Owner
a list of all Subcontractors and other persons and organizations (including those
who are to furnish the principal items of material and equipment) proposed for
those portions of the Work as to which such identification is so required. Such list
shall be accompanied by an experience statement with pertinent information as to
similar projects and other evidence of qualification for each such Subcontractor,
person and organization if requested by Owner. If Owner or Engineer after due
investigation has reasonable objection to any proposed Subcontractor, other
person or organization, either may before giving the Notice of Award request the
apparent Successful Bidder to submit an acceptable substitute without an increase
in Bid price. If the apparent Successful Bidder declines to make any such subs-
titution, the contract shall not be awarded to such Bidder, but his declining to make
any such substitution will not constitute grounds for sacrificing his Bid Security.
Any Subcontractor, other person or organization so listed and to whom Owner or
Engineer does not make written objection prior to the giving of the Notice of Award
will be deemed acceptable to Owner and Engineer.
10.2 In contracts where the Contract Price is on the basis of Cost-of-the-Work Plus a
Fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in
writing to Owner those portions of the Work that such Bidder proposes to sub-
contract and after the Notice of Award may only subcontract other portions of the
Work with Owner's written consent.
10.3 No Contractor shall be required to employ any Subcontractor, other person or
organization against whom he has reasonable objection.
11. Bid Form
' 11.1 The Bid Form is attached hereto; additional copies may be obtained from Engineer.
11.2 Bid Forms must be completed in ink or by typewriter. The Bid price of each item
t on the form must be stated. Any alterations, corrections or deletions shall nullify
the Bid unless each alteration, correction or deletion is initialed as approved by the
' Bidder. Bid Forms which contain additions not called for may be rejected. Bid
prices shall be unit and total figures, and in case of conflict, unit prices will prevail.
' 11.3 Bids by corporations must be executed in the corporate name by the president or
vice president or other corporate member with authority to sign. The corporate
address and state of incorporation shall also be shown.
Page 4 of 7 pages
' 11.4 Bids by partnerships must be executed in the partnership name and signed by a
' partner and the official address of the partnership must be shown below the
signature.
' 11.5 All names should be typed or printed along with signature.
11.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers
of which shall be filled in on the Bid Form).
11.7 The address to which communications regarding the Bid are to be directed must
be shown.
12. Submission of Bids.
' Bids shall be submitted on the extra Bid Form insert as provided by the Engineer at the time
' and place indicated in the Advertisement or Invitation for Bids. It shall be contained in an
opaque sealed envelope, marked with the Project title and name and address of the Bidder.
If the Bid is sent through the mail or other delivery system the sealed envelope shall be
enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof.
' 13. Modification and Withdrawal of Bids.
13.1 Bids may be modified or withdrawn by an appropriate document duly executed (in
the manner that a Bid must be executed) and delivered to the place where Bids are
to be submitted at any time prior to the opening of Bids.
' 13.2 No Bidder ma withdraw a bid within 60 da s after the date of the o enin Should
Y Y P g
there be any reason why the contract cannot be awarded within the specified
period, the time may be extended by mutual agreement between the Owner and
Bidder.
14. Opening of Bids.
Bids will be opened privately. No abstract of bids will be provided.
' 15. Bids to Remain Open.
All Bids shall remain open for sixty days after the day of the Bid opening, but Owner may, in
' his sole discretion, release any Bid and return the Bid Security prior to that date.
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16. Award of Contract.
16.1 Owner reserves the right to reject any and all Bids, to waive any and all infor-
malities and to negotiate contract terms with the Successful Bidder, and the right
to disregard all nonconforming, nonresponsive or conditional Bids. Discrepancies
between unit and total figures will be resolved in favor of unit figures. Discre-
pancies between the indicated sum of any column of figures and the correct sum
thereof will be resolved in favor of the correct sum.
16.2 In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether
or not the Bids comply with the prescribed requirements and alternates and unit
prices if requested in the Bid Forms. It is Owner's intent to accept alternates (if
any are accepted) in the order in which they are listed in the Bid form but Owner
may accept them in any order or combination.
Owner may consider the qualifications and experience of Subcontractors and other
persons and organizations (including those who are to furnish the principal items
of material or equipment) proposed for those portions of the Work as to which the
identity of Subcontractors and other persons and organizations must be submitted
as provided in the Supplementary Conditions. Operating costs, maintenance
considerations, performance data and guarantees of materials and equipment may
also be considered by Owner.
16.3 Owner may conduct such in>restigations as he deems necessary to assist in the
evaluation of any Bid and to establish the responsibility, qualifications and financial
ability of the Bidders, proposed Subcontractors and other persons and organi-
1 zations to do the Work in accordance with the Contract Documents to Owner's
satisfaction within the prescribed time.
' 16.4 As a condition precedent to the award of contract, the Bidder shall furnish proof
that he is in compliance with Minnesota Statutes Section 363, as amended by Laws
1 of 1969, implementing the rules and regulations of the Minnesota Department of
Human Rights, if applicable.
16.5 Owner reserves the right to reject the Bid of any Bidder who does not pass any
such evaluation to Owner's satisfaction.
' 16.6 If the contract is to be awarded it will be awarded to the Bidder whose evaluation
by Owner indicates to Owner that the award will be in the best interests of the
Project.
16.7 If the contract is to be awarded, Owner will give the Successful Bidder a Notice of
r Award within sixty days after the day of the Bid opening.
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17. Performance and Other Bonds.
Paragraphs 5.1 and 5.2 of the General Conditions and the Supplementary Conditions set
forth Owner's requirements as to performance and other Bonds. When the Successful
Bidder delivers the executed Agreement to Owner, it shall be accompanied by the required
Contract Security.
18. Signing of Agreement.
When the Owner gives a Notice of Award to the Successful Bidder, it will be accompanied
by at least three unsigned counterparts of the Agreement and all other Contract Documents.
Within fifteen days thereafter, Contractor shall sign and deliver at least three counterparts
of the Agreement to Owner with all other Contract Documents attached. Within ten days
thereafter, Owner will deliver all fully signed counterparts to Contractor. Engineer will identify
those portions of the Contract Documents not fully signed by Owner and Contractor and such
identification shall be binding on all parties.
Page 7 of 7 pages
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' BID FORM
' PROJECT IDENTIFICATION: COTTAGES OF ALBERTVILLE
' CONTRACT IDENTIFICATION NUMBER: 96246
' THIS BID IS SUBMITTED TO: COTTAGES OF ALBERTVILLE, LLC
1101 2ND STREET NORTH SUITE 109
ST. CLOUD MN 56301
COMPANY SUBMITTING BID:
' 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into
an agreement with OWNER in the form included in the Contract Documents to perform
' and furnish all Work as specified or indicated in the Contract Documents for the
Contract Price and within the Contract Time indicated in this Bid and in accordance
with the other terms and conditions of the Contract Documents.
' 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid
' and Instructions to Bidders, including without limitation those dealing with the dis-
position of Bid security. This Bid will remain subject to acceptance for sixty days after
the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds
' and other documents required by the Bidding Requirements within fifteen days after
the date of OWNER's Notice of Award.
' 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement,
that:
' (a) BIDDER has examined copies of all Bidding Documents and of the following
' Addenda (receipt of all which is hereby acknowledged):
Number Date of Issue
1
__
(b) BIDDER familiarized itself with the nature and extent of the Contract Docu-
ments, Work, site, locality, and all local conditions and Laws and Regulations
' that in any manner may affect cost, progress, performance or furnishing of the
Work.
(c) BIDDER has studied carefully all reports and drawings of subsurface conditions
and drawings of physical conditions which are identified in the Supplementary
' Conditions as provided in paragraph 4.2 of the General Conditions, and
' Page 1 of 5 pages
accepts the determination set forth in paragraph SC-4.2 of the Supplementary
Conditions of the extent of the technical data contained in such reports
drawings upon which BIDDER is entitled to rely.
(d) BIDDER has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations, investigations, explora-
tions, tests and studies (in addition to or to supplement those referred to in (c)
above) which pertain to the subsurface or physical conditions at the site or
otherwise may affect the cost, progress, performance or furnishing of the Work
as BIDDER considers necessary for the performance or furnishing of the Work
at the Contract Price, within the Contract Time and in accordance with the other
terms and conditions of the Contract Documents, including specifically the pro-
visions of paragraph 4.2 of the General Conditions; and no additional examina-
tions, investigations, explorations, tests, reports or similar information or data
are or will be required by BIDDER for such purposes.
(e) BIDDER has reviewed and checked all information and data shown or indi-
cated on the Contract Documents with respect to existing Underground Faci-
lities at or contiguous to the site and assumes responsibility for the accurate
location of said Underground Facilities. No additional examinations, investiga-
tions, explorations tests,'reports or similar information or data in respect of said
Underground Facilities are or will be required by BIDDER in order to perform
and furnish the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents,
including specifically the provisions of paragraph 4.3 of the General Conditions.
(f) BIDDER has correlated the results of all such observations, examinations,
investigations, explorations, tests reports and studies with the terms and
conditions of the Contract Documents.
(g) BIDDER has given ENGINEER written notice of all conflicts, errors or
discrepancies that it has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to BIDDER.
(h) This Bid is genuine and not made in the interest of or on behalf of any undi-
sclosed person, firm or corporation and is not submitted in conformity with any
agreement or rules of any group, association, organization or corporation;
BIDDER has not directly or indirectly induced or solicited any other Bidder to
submit a false or sham Bid; BIDDER has not solicited or induced any person,
firm or corporation to refrain from bidding; and BIDDER has not sought by collu-
sion to obtain for itself any advantage over. any other Bidder or over OWNER.
Page 2 of 5 pages
4. BIDDER will complete the work for the following price(s):
BID SCHEDULE
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ITEM ~ EST UNIT TOTAL
ITEM
i NO. UNIT .
QUANT PRICE PRICE
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CC?ZTAGES OF ALBERTVILLE
1 COMMON EXCAVATION (Site to be Mass Graded) L.S. 1
2 SUBGRADE EXCAVATION C.Y. 800
3 SUBGRADE GRANULAR BORROW (LV) C.Y. 1,120
4 AGGREGATE BASE, CL.S C.Y. 4,700
5 BITUMINOUS BINDER COURSE TON 560
6 BITUMINOUS WEAR COURSE TON 1,825
7 CONCRETE CURB & GUTTER L.F. 5,500
8 12" RC PIPE SEWER, DES 3006, CL III L.F. 290
9 15" RC PIPE SEWER, DES 3006, CL III L.F. 800
10 12" HDPE (DUAL WALL) L.F. 335
11 15" HDPE (DUAL WALL) L.F. 85
12 12" HDPE PIPE APRON w/TRASH GUARD EACH 2
13 15" HDPE PIPE APRON w/TRASH GUARD EACH 2
14 CATCH BASIN, 27" PRECAST EACH 7
15 CATCH BASIN, 48" PRECAST EACH 7
16 8" PVC SANITARY SEWER L.F. 1,895
17 STANDARD SANITARY MANHOLE EACH 10
18 EXCESS SANITARY MANGLE DEPTH L.F. 41.5
19 8" x 4" PVC WYE EACH 17
20 8" x 6" PVC WYE EACH 2
21 4" PVC SERVICE PIPE L.F. 716
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ITEM ITEM UNIT EST. UNIT TOTAL
II NO. - QUANT PRICE PRICE
COTTAGES ®F ALBERTVILLE
22 6" PVC SERVICE PIPE L.F. 174
23 6" PVC C-900 WATERMAIN L.F. 90
24 $" PVC C-900 WATERMAIN L.F. 2,9 i0
25 6" GATE VALVE & BOX EACH 8
26 8" GATE VALVE & BOX EACH 9
27 5" HYDRANT EACH 8
28 FITTINGS LBS. 2,000
29 1"CORPORATION W/ SADDLE EACH 36
30 1"CURB STOP & BOX EACH 36
31 1"COPPER SERVICE PIPE L.F. 1,560
32 1.5" CORPORATION W; SP.DDLE EACH 9
33 1.5" CURB STOP & BOX EACH 9
34 1.5" COPPER SERVICE PIPE L.F. 430
35 SILT FENCE L.F. 660
36 RIP RAP, CL. Iil C.Y. 16
TOTAL AMOUNT BID ~
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5. BIDDER agrees that all Work will be substantially complete on or before
and fully complete on or before
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure
to complete the Work on time.
6. The Security in the form of a is attached and made
a condition of this Bid.
7. Communications concerning this Bid shall be addressed to the address of Bidder indicated
below.
8. The terms used in this Bid which are defined in the General Conditions of the Construction
Contract included as part of the Contract Documents have the meanings assigned to them
in the General Conditions.
SUBMITTEC CAN 19 ___ _.
If BIDDER is:
An Individual
By_
doing business as
(Individual's Name & Signature)
Business Address:
Phone No.
A Partnership
By
(Firm Name)
(SEAL)
SEAL)
(General Partner's Name & Signature)
Business Address:
A Corporation
By
Phone No.
(Corporation Name)
(State of Incorporation)
Phone No.
By
(Title, Name & Signature of Person Authorized to Sign)
Business Address:
Page 5 of 5 pages
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AGREEMENT FORM
THIS AGREEMENT is dated as of the
by and between
day of in the year 1997
(hereinafter called OWNER) and
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 'i. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows: Cottages of Albertville
Article 2. ENGINEER
The project has been designed by Bonestroo Williamson Kotsmith, 2008 8th Street North St.
Cloud, MN. 56303, who is hereinafter called ENGINEER and who will assume all duties and
responsibilities and will have the rights and authority assigned to ENGINEER in the Contract
Documents in connection with completion of the Work in accordance with the Contract
Documents.
' Article 3. CONTRACT TIME
3.1 The Work will be completed according to the completion schedule identified in the
Bid Form.
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Page 1 of 4 pages
3.2 Liquidated Damages. O~NNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
complete within the time specified in paragraph 3.1 above, plus any extensions thereof
allowed in accordance with Article 12 of the General Conditions. They also recognize
the delays, expense and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by OWNER if the Work is not complete on time.
Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree
that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay
OWNER Two hundred dollars ($200.00) for each day that expires after
the time specified in paragraph 3.1 for substantial and final completion until the Work
is substantially and finally complete.
Article 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with
the Contract Documents in current funds as follows:
(See Contractors Bid Form attached.)
' Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as provided
in the General Conditions.
' 5.1 Progress Payments. OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR'S Applications for Payment as recom-
mended by ENGINEERS, on or about the 20th day of each month during construction
as provided below. All progress payments will be on the basis of the progress of the
Work measured by the schedule of values provided for in paragraph 14.1 of the
' General Conditions.
5.1.1 Prior to Substantial Completion progress payments will be in an amount
equal to 95% of the Work completed and 95% of materials and equipment not
incorporated in the Work but delivered and suitably stared, less in each case the
aggregate of payments previously made.
5.1.2 Upon Substantial Completion, OWNER shall pay an amount sufficient to
increase total payments to CONTRACTOR to 100% of the Contract Price, less
such amounts as ENGINEER shall determine in accordance with paragraph 14.7
' of the General Conditions.
' 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance
with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract price as recommended by ENGINEER as provided in said paragraph 14.13.
Article 6. {NTEREST
' All moneys not paid when due hereunder shall bear interest at the maximum rate allowed by
law at the place of the Project.
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Article 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, locality and with all local conditions and federal, state and local laws,
ordinances, rules and regulations that in any manner may affect cost, progress or
performance of the Work.
7.2 CONTRACTOR has studied carefully all reports of investigations and tests of
subsurface and latent physical conditions at the site or otherwise affecting cost,
progress or performance of the Work which were relied upon by ENGINEER in the
preparation of the Drawings and Specifications and which have been identified in the
Supplementary Conditions.
7.3 CONTRACTOR has made or caused to be made examinations, investigations and
tests and studies of such reports and related data in addition to those referred to in
Page 2 of 4 pages
' paragraph 7.2 as he deems necessary for the performance of the Work at the Contract
Price, within the Contract Time and in accordance with the terms and conditions of the
Contract Documents; and no additional examinations, investigations, tests, reports or
similar data are or will be required by CONTRACTOR for such purposes.
7.4 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, tests, reports and data with the terms and conditions of the Contract
Documents.
7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies that he has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUMENTS
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR consist of the following:
8.1 This Agreement.
8.2 Exhibits to this Agreement.
8.3 Performance and other Bonds.
8.4 Notice of Award.
' 8.5 General Conditions.
8.6 Supplementary Conditions.
8.7 Specifications.
8.8 Plan sheets bearing the following general title:
Cottages of Albertville
' 8.9 Addenda Numbers to inclusive.
8.10 CONTRACTOR'S Bid Form.
8.11 Documentation submitted by CONTRACTOR poor to Notice of Award.
' 8.12 Any modification, including Change Orders, duly delivered after execution of
agreement.
' There are no Contract Documents other than those listed a
bove m this Article 8. The Contract
Documents may only be altered, amended or repealed pursuant to paragraphs 3.4 and 3.5 of
the General Conditions.
' Article 9. MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall
have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any right under or interests in the Contract
' Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but without limitation, moneys that may
' become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless
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Page 3 of 4 pages
specifically stated to the contrary in any written consent to an assignment no assign-
ment will release or discharge the assignor from any duty or responsibility under the
Contract Documents.
9.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns
and legal representatives to the other party hereto, his partners, successors, and
obligations contained in the Contract Documents.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One
counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All
portions of the Contract Documents have been signed or identified by OWNER and
CONTRACTOR or by ENGINEER on their behalf.
This Agreement will be effective on , 19
OWNER CONTRACTOR
By
(CORPORATE SEAL}
By
(CORPORATE SEAL)
Attest Attest
Page 4 of 4 pages
NOTICE OF AWARD
TO:
(BIDDER)
ADDRESS:
Dated , 19
OWNER'S PROJECT NO.
PROJECT
OWNER'S CONTRACT NO
CONTRACT FOR
(Insert name of Contract as it appears in the Bidding Documents)
You are notified that your Bid dated 19 ~ for the above
Contract has been considered. You are the apparent successful bidder and have been
awarded a contract for
(Indicate total Work, alternates or sections of Work awarded)
The Contract Price of your contract is
Dollars ($ )
Three copies of each of the proposed Contract Documents (except Drawings) accom-
pany this Notice of Award. Three sets of the Drawings will be delivered separately or
otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen days of the
date of this Notice of Award, that is by , 19 .
1. You must deliver to the OWNER three fully executed counterparts of the Agreement
including all the Contract Documents.
2. You must deliver with the executed Agreement the Contract Security (Bonds) as
specified in the Instructions to Bidders (paragraph 17), General Conditions (para-
graph 5.1) and Supplementary Conditions (paragraph SC-5.1).
EJCDC No. 1910-22 (1983 Edition)
Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
3. (List other conditions precedent).
Certificates of Insurance evidencing coverage as
specified, Performance Bond and Payment Bond each in
the amount of the contract must be delivered to the
Engineer along with the properly executed "Agreements".
Failure to comply with these conditions within the time specified will entitle OWNER to
consider your bid abandoned, to annul this Notice of Award and to declare your Bid
Security forfeited.
Within ten days after you comply with those conditions, OWNER will return to you
one fully signed counterpart of the Agreement with the Contract Documents attached.
(OWNER)
By (AUTHORIZED SIGNATURE)
(TITLE)
Copy to ENGINEER
i
NOTICE TO PROCEED
Dated
TO:
ADDRESS:
(CONTRACTOR)
,19
OWNER'S PROJECT NO. _
PROJECT
OWNER'S CONTRACT NO
CONTRACT I'OR
(Insert name of Conttact as it appears in the Ridding Documents)
You are notified that the Contract Time under the above contract will commence to run
on 19. By that date, you are to start performing your obli-
gations under the Contract Documents. In accordance with Article 3 of the Agreement
the dates of Substantial Completion and Final Completion are ,
19 and , ] 9 ,respectively.
Also before you may start any Work at the site, you must
(add other requirements)
notify ENGINEER 24 hours in advance for staking services.
Copy to ENGINEER
(OWNER)
By (AUTHORIZEUSIGNATURE)
(TITLE)
EJCDC 1910-23 (1983 Edition)
Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
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This document hus important legal consequences: consultation with an attorney is encouraged with
respect to its completion or modification.
S i Lil ~I Lt11liJ
GENERAL CONDITIONS
OF TI3E
CONSTRUCTION CONTRACT
Prepared by
Engineers Joint Contract Documents Committee
and
Issued and Published 3ointly By
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practiee division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
The Associated General ~. ~ Contractors of America
,„~~
These Genera! Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-1 or
1910-8-A-2) (1990 Editions}. Their provisions are interrelated and a change in one may necessitate a change in the
others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering
Services and Contract Documents (No. 1910-9) (198b 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.
EJCDC No. 1910-8 (1990 Edition)
Reprinted 5191
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph Page Article or Paragraph Page
Number & Title Number Number $c Title Number
1. DEFINI TIONS ................................... 13 2.5-2.7 Before Starting Construction;
1.1 Addenda ............................. 13 CONTRACTOR's Responsibility to
1.2 Agreement .... . ...................... 13 Report: Preliminary Schedules;
1.3 Application for Payment .............. 13 Delivery of Certificates of
1.4 Asbestos ............................. 13 Insurance ............,............. IS
1.5 Bid ................................... 13 2.8 Preconstruction Conference ......,.... 15
1.6 Bidding Documents ................... 13 2.9 Initially Acceptable Schedules ......... 16
1.7 Bidding Requirements ................ 13
1.8 Bonds ..... . .......................... 13 3. CONTRACT DOCUMENTS: INTENT,
1.9 Chan e Order
g 13 AMENDING, REUSE ............................ 16
1.10
Contract Documents ..................
13 3.1-3.2 Intent ................................ 16
1.11 Contract Price ....... . ................. 13 3.3 Reference to Standards and
.1.12 Contract Times ....................... 13 Specifications of Technical Societies;
1.13 CONTRACTOR .......... 13 Reporting and Resolving
1.14
defective .............................
13 Discre ancies ......................
p 16
1.15 Drawings ............................. t3 3.4 Intent of Certain Terms or Adjectives .. I7
1.16 Effective Date of the Agreement ...... 13 3.5 Amending Contract Documents ....... 17
1:17 ENGINEER .......................... 13 3.6 Supplementing Contract Documents ... 17
1.18 ENGINEER'S Consultant ............. 13 3.7 Reuse of Documents .................. 17
1.19
1.20 Field Order ...........................
General Requirements ................ 13
14 4. AVAILABILITY OF LANDS; SUBSURFACE AND
1.21
Hazardous Waste ....................
14 pHYSICALCONDITIONS;REFERENCEPOINTS . 17
1.22 .
Laws and Regulations; Laws or 4. I Availability of Lands .................. 17
Regulations ........................
14 4.2 Subsurface and Physical Conditions ... 17
1.23
Liens .......... . ......................
14 4.2.i Re rts and Drawin s ..
po g .............. 17
L24
Milestone .............................
14 4.2.2 Limited Reliance by CONTRACTOR
1.25
Notice of Award .....................
14 Authorized; Technical Data ......... i8
1,26 .
Notice to Proceed ...................
14 4.2.3 Notice of Differing Subsurface or
1.27 .
OWNER .:.........................
14 Physical Conditions ................. 18
1.28 ..
Partial Utilization .....................
14 4.2.4 ENGINEER's Review ................ 18
1.29
PCBs .................................
14 4 2 5 Possible Contract Documents Change l8
i.30
Petroleum ............................
14 4.2.6 Possible Price and Times Adjustments . 18
1.31
Project ...............................
14 4.3 .Physical Conditions-Underground
1.32
Radioactive Material ..................
14 Facilities 18
1.33
Resident Project Representative .......
14 4.3.1 Shown or Indicated ................... 18
1.34
Samples ..............................
14 4.3.2 Not Shawn or Indicated
.............. 19
1.35
Shop Drawings .... . ..................
14 4.4 Reference Points ...................... 19
1.36
Specifications .......... . .... . .........
14 4.5 Asbestos, PCBs, Petroleum, Hazardous
1.37
Subcontractor ........................
14 Waste or Radioactive Material ...... 19
1.38 Substantial Completion ............... 14
1.39 Supplementary Conditions 14 5. BONDS AND INSURANCE ..................... 20
1.40 Supplier .............................. 14 5.1-5.2 Performance, Payment and Other Bonds . 20
1.41 Underground Facilities ................ 14 5.3 Licensed Sureties and Insurers;
1.42 Unit Price Work
......................
i4 Certificates of Insurance ............ 20
1.43
Work .................................
15 5.4 CONTRACTOR'S Liability Insurance 20
1.44
Work Change Directive ...............
15 5.5 OWNER'S Liability Insurance ........ 21
1.45
Written Amendment
" " "' " " " " "'
15 5.6 Pro rt Insurance
~ y ' ° " " " " " " " " ' 21
S.7 Boiler and Machinery ar Addational
2. PRELIMINARY MATTERS ...................... 15 Property Insurance ................. 21
2.1 Delivery of Bonds .................... 15 5.8 Notice of Cancellation Provisions ..... 21
2.2 Capies of Documents ................. 15 5.9 CONTRACTOR'S Responsibility for
2.3 Cammencement of Contract Times; Deductible Amounts ................ 22
Notice to Proceed .................. IS 5.10 Other Special Insurance ............... 22
2.4 Starting the Work ..................... IS 5.11 Waiver of Rights ...................... 22
Article or Paragraph .Page Article or Paragraph Page
Number & Title Number Number & Title Number
5.12-5.13 Receipt and Application of Insurance 8.6 Change Orders ....................... 29
Proceeds ........................... 22 8.7 Inspections, Tests and Approvals ...... 29
5.14 Acceptance of Bonds and Insurance; 8.8 Stop or Suspend Work; Terminate
Option to Replace ................. 22 CONTRACTOR's Services ......... 29
5.15 Partial Utilization-Property $.4 Limitations on OWNER's
Insurance .......................... 23 Responsibilities ..................... 30
8.10 Asbestos, PCBs, Petroleum, Hazardous
6. CONTRACT'OR'S RESPONSIBILITIES :......... 23 Waste or Radioactive Material ...... 30
6.1-6.2 Supervision and Superintendence ...... 23 8.11 Evidence of Financial Arrangements .. 30
6.3-b.5 Labor, Materials and Equipment ...... 23 9. ENGINEE R'S STATUS DURING
b.6 Progress Schedule ..........:.........
" 23 CONSTRUCTION
........
. 30
6.7
u strtutes and
r- qual" Items;
'
9.1 .............
.
........
OWNER's Representative ............
30
CONTRACTnR
s Expense;
Substitute Construction 9.2 Visits to Site .......................... 30
Methods or Procedures; 9.3 Pro ect Re resentative
, p " " " " " " " " 30
ENGINEER'S Evaluation .......... 23 9.4 Clarifications and Interpretations ...... 30
6.8-6. i 1 Concerning Subcontractors, Suppliers 9.5 Authorized Variations in Work ........ 30
and Others; Waiver of Rights ....... 24 9.b Rejecting Defective Work ............. 30
6.12 Patent Fees and Royalties ............. 25 4.7-9,9 Shop Drawings, Change Orders and
6.13 Permits ............................... 25 Payments .......................... 31
6.14 Laws and Re ulations
g ' ' ' ' ~ ' ' ' ' ' ' ' ' ' ' ' ~ 9.10 Determinations for Unit Prices ........ 31
6.15
Taxes ................................
25 9.11-9.12 Decisions on Disputes; ENGINEER as
6.16
Use of Premises ......................
26 Initial Interpreter ................... 31
6.17
Site Cleanliness .......................
26 9,13 Limitations on ENGINEER's
6.18 Safe Structural Loadin
g ...............
26 Authority and Responsibilities , ..... 31
6.19 Record Documents ................... 2b
6.20 Safet and Protection
y .................
26 10. CHANGES IN THE WORK ..................... 32
6.21
Safety Representative ....,...
........_
26 10.1 OWNER Ordered Chan a
g " '°'°'° " " 32
6.22 Hazard Communication Programs ..... 27 10.2 Claim for Adjustment ................. 32
6.23 Emergencies .......................... 27 10.3 Work Not Required by Contract
6.24
Shop Drawings and Samples ..........
27 Documents ......................... 32
6.25
Submittal Procedures; 10 4 Change Orders
CONTRACT'OR'S Review Prior to I0.5 Notification of Suret
y " " ' ° ° " " " " " 32
Shop Drawing or Sample Submittal 27 11. CHANGE OF CONTRACT PRICE .............. 32
6.26 Shop Drawing & Sample Submittals 11.1-11.3 Contract Price; Claim for Adjustment;
Review by ENGINEER ............ 27 Value of the Work .................. 32
6.27 Responsibility for Variation From 11.4 Cost.of the Work ..................... 33
Contract Documents ................ 27 11.5 Exclusions to Cost of the Work ....... 34
6.28 Related Work Performed Prior to 1 i .6 CONTRACT'OR's Fee ................ 34
ENGINEER'S Review and Approval i 1.7 Cost Records ......................... 34
of Required Submittals ............. 27 11.8 Cash Allowances ..................... 35
6.24 Continuing the Work .................. 28 11.9 Unit Price Work ...................... 35
6.30 CONTRACT'OR'S General
Warranty and Guarantee ............ 2g 12. CHANGE OF CONTRACT TIMES ....:......... 35
6.31-6.33 Indemnification ..................... . . 2g 12.1 Claim for Adjustment ................. 35
6.34 Survival of Obligations ...... . ......... 28 12.2 Time of the Essence ........ , . , ....... 35
12.3 Delays Beyond CONTRACTOR's
7. OTHER WORI% .................................. 29 Control ............................ 35
7.1-7.3 Related Work at Site .................. 24 12.4 Delays $eyond OWNER'S and
7.4 Coordination CONTRACTOR's Control .......... 35
8. OWNER'S RESPONSIBILITIES ................. 24
8.1 Communications to Contractor ........ 29 13. TESTS AND INSPECTIONS; CORRECTION,
8.2 Replacement. of ENGINEER .......... 29 REMOVAL OR ACCEPTANCE OF DEFECTIVE
8.3 Furnish Data and Pay Promptly When WORK .. ........................................ 3b
Due ................................ 29 13.1 Notice of Defects ..................... 36
8.4 Lands and Easements; Reports and 13.2 Access to the Work ................... 36
Tests ............................... 29 13.3 Tests and Inspections; Contractor's
8.5 Insurance ............................. 29 Cooperation ........................ 3b
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Article or Paragraph Page Article or Paragraph Page
Number & Title Number Number & Title Number
13.4 OWNER's Responsibilities; 14.12 Final Application for Payment ......... 441
Independent Testing Laboratory .... 36 14.13-14.14 Final Payment and Acceptance ........ 4O
13.5 CONTRACTOR's Responsibilities ..... 36 14.15 Waiver of Claims ..................... 40
13.6-13.7 CoveringWork-Prior to Inspection,
Testing or Approval ................
36 15. SUSPENSION OF WORK AND
13.8-13.9 Uncovering Work at ENGINEER'S TERMINATION ................................ 40
Request ................... . ........ 36 15.1 OWNER May Suspend Work ......... 40
13.10 OWNER May Stop the Work ......... 36 15.2-15.4 OWNER May Terminate .... . ......... 40
13.11 Correction or Removal of Defective 15.5 CONTRACTOR May Stop Work or
Work ............................... 37 Terminate .......................... 41
13.12 Correction Period .....................
13.13 Acceptance of Defective Work ........ 37 16. DISPUTE RESOLUTION ....................... 41
13.14 OWNER May Correct Defective
Work ........................ . ...... 37 17. MISCELLANEOUS ............................. 42
17.1 Giving Notice ........................ 42
17.2 Computation of Tirnes ................ 42
14. PAYMEN TS TO CONTRACTOR AND 17.3 Notice of Claim . . ..................... 42
COMPLETION ................................. 37 17.4 Cumulative Remedies ................. 42
14.1 Schedule of Values ................... . 37 ]7.5 Professional Fees and Court Costs
14.2 Application far Progress Payment ..... 38 Included ........................... 42
14.3 CONTRACTOR's Warranty of Title ... 38
14.4-14.7 Review of Applications for EXHIBIT GC-A (Optional):
Progress Payments ................. 38 Dispute Resolution Agreement (Optional) ..... GC-Ai
14.8-14.9 Substantial Completion ............... 39 16.1-16.6 Arbitration .................... GC-A1
14.10 Partial Utilization ......:........ . ..... 39 i6.7 Mediation ..................... GC-A2
14.11 Final Inspection ...................... 39
3
INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Acceptance of-
Bonds and Insurance ................................5.14
defective Work ....................... 10.4.1, 13.13, 13.15
final payment .................................9.12, 14.15
insurance ...........................................5.14
other Work, by CONTRACTOR ..................... 7.3
Substitutes and "Or-Equal" Items ........ . .........6.7.1
Work by OWNER ........................ 2.5, 6.30, 6.34
Access to the-
Lands, OWNER and CONTRACTOR
responsibilities ..................................... 4.1
site, related work .................................... 7.2
Work . .................................. 13.2, 13,14, 14.9
Acts or Omissions-, Acts and Omissions-
CONTRACTOR ............................6.9.1, 9.13.3
ENGINEER ................................6.20, 9.13.3
OWNER .......................................6.20, 8.9
Addenda---definition of (also see
definition of Specifications} , . , .. , , , , , . (1.6, 1.10, 6.19) I.1
Additional Property .Insurances ......................... 5.7
Adjustments
Contract Price or Contract
Times ......... 1.5, 3.5, 4.1, 4.3.2, 4.5.2, 4.5.3, 9.4, 9.5,
10.2-10.4,11,12,14.8,15.1
progress schedule .................................... 6.6
Agreement-
definition of .. ............................. .. 1.2
All risk Insurance, policy form ........................5.6.2
Allowances, Cash ..................................... 11.8
Amending Contract Documents ................. . ....... 3.S
Amendment, Written-
in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2, 6.8.2, 6.19,
10.1,.10.4, 11.2, 12.1, 13.12.2, 14.7.2
Appeal, OWNER or CONTRACTOR
intent to ...................... 9.10, 9.11, 10.4, 16.2, 16.5
Application for Payment-
definition of .......................................... 1.3
ENCiINEER's Responsibility ......................... 99
final payment ..................9.13.4, 9.13.5, 14.12-14.15
in general ....................... 2.8, 2.9, 5.6.4, 9.10, 15.5
progress payment .............................. 14.i, 14.7
review of ...................................... 14.4-14.7
Arbitratigt (Optional) ............................. 16.1-16.6
AsbesT~s-
claims pursuant thereto ....................... 4.5.2, 4.5.3
CONTRACTOR authorized to stop Work .... , , .. , , .4.5.2
definition of ...:...................................... 1.4
OWNER responsibility for . ...................4.5.1, 8.10
possible price and times change .....................4.5.2
Authorized Variations in Work ......... , . 3.6, 6.25, 6.27, 9.5
Availability of Lands .................. . .... . ....... 4.1, 8.4
Award, Notice of-defined ............................ 1.25
Before Starting Constnzction ........................ 2.5-2.8
Bid--definition of ...................................... 1.5
(1.1, 1.10, 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, ]1.9.1)
Article or Paragraph
Number
Bidding Documents-definition of ................ 1.6 (6.8.2)
Bidding Requirements--definitions of ...... 1.7 (1.1, 4.2.6.2)
Bonds-
acceptance of ................................ .5.14
additional bands ........................... 10.5, 11.4.5.9
Cast of the Work ......... ,,,,,,,,,,,,,,,,,,,,,, 11.5.4
definition of .......................................... 1.8
delivery of ...................................... 2.1, 5.1
final application for payment ................. 14.12-14.14
general ...............1.10, 5.1-5.3, 5.13, 9.13,10.5, 14.7,6
performance, Payment and Other ................. 5.1-5.2
Bonds and Insurance-in general ...... ................... 5
Builder's risk. "a}1 risk" policy form ...................5.6.2
Cancellation Provisions, Insurance .. , , ....5.4.11., 5.8, 5.1 S
Cash Allowances ...................................... 11.8
Certificate of Substantial Completion ......... 1.38, 6.30.2.3,
14.8, 14.10
Certificates of Inspection ................9.13.4, 13.5, 14.12
Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8,
•.••.•......... 5.14, 9.13.4, 14.12
Change in Contract Price-
Cash Allowances ................................... 1t.8
claim for price adjustment ..... 4.1, 4,2.6, 4.5, 5.15, 6.8.2,
9.4, 9.5, 9.1 t, 10.2, 10.5, 11.2, 13.9,
13.13,13.14,15.1,15.5
COh1'I'RACTOR's fee ............................... 11.6
Cost of the Work
general ...................................... 11.4-11 J
Exclusions to ....................................... 11.5
Cost Records ......... , . 11.7
............................
in general ........... . .. 1.19, 1.44, 9.1 i , 10.4.2, 10.4.3, 11
Lump Sum Pricing ................................ 11.3.2
Notification of Surety ............................... 10.5
Scope of ....................................... 10.3-t0.4
Testing and Inspection, Uncovering the Work ........ 13.9
Unit Price Work ... . ................................ l 1.9
Value of Work .................... ............... 11.3
Change in Contract Times-
Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.15, 6.8.2,
9.4, 9.5, 9.11, 10.2, 10.5, i 2.1, 13.9, 13.13,
13.14,14.7,15.1,15.5
Contractual time limits .... . ........ . ................ 12,2
Delays beyond CONTRACTOR'S control ............ 12.3
Delays beyond OWNER's and CONTRACTOR'S con-
trol ............................................... 12.4
Notification of surety ............................... 10.5
Scope of change ............................... 10.3-10.4
Change Orders-
Acceptance of Defective Work ...... .. 13.13
. ...........
Amending Contract Documents ...................... 3.5
Cash Allowances ................................... I1.8
Change of Contract Price ............................. 11
Change of Contract Times ............................ 12
Changes in the Work .................................. 10
CONTRACTOR'S fee ............................... 11.6
Cost of the Work ............................... 11.4-11.7
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Article or Paragraph
Number
Cost Retards .......................... ... ..... 11.?
definition of .......................:.................. 1.9
emergencies ........................................ 6.23
ENGINEER'S responsibility .... , .... 9.8, 10.4, i 1.2, 12.1
execution of ......................... ..........,. 10.4
...
Indemnification .. . ..................6.12, 6.16, 6.31, 6.33
Insurance, Bonds and ...................5.10,5.13, 10.5
OWNER may terminate ........................ 15.2-15.4
OWNER's Responsibility ....................... 8.6, 10.4
.Physical Conditions-
Subsurface and . ..................................... 4.2
Underground Facilities ......................:....4.3.2
Record Documents ................................. 6.19
Scope of Change ............................... i0.3-10.4
Substitutes ................................... 6.7.3, 6.8.2
Unit Price Work .................................... 11.9
value of Work, covered by .......................... 11.3
Changesin the Work .................................... 10
Notification of surety ............................... 10.5
OWNER'S and CONTRACTOR'S responsibilities .... i0.4
Right to an adjustment .............................. i0.2
Scope of change ............................... 10.3-10.4
Ciaims-
against CONTRACTOR .............................6.16
against ENGINEER ................................6.32
against OWNER ................ ................. 6.32
...
Change of Contract Price .........:............. 9.4, l 1.2
Change of Contract Times ...................... 9.4, 12.I
CONTRACTOR'S 4, 7.1, 9.4, 9.5, 9.11, 10.2, ti.2, 11.9,
12.t,14.8,15.1,15.5,17.3
CONTRACTOR's Fee .............................. 11.6
CONTRACTOR'S liability ............ 5.4, 6.12, 6.16, 6.31
Cost of the Work .............................. 11.4, 11.5
Decisions on Disputes .........................9.11, 9.12
Dispute Resolution .................................. 16.1
Dispute Resolution Agreement ...............:.. 16.1-16.6
ENGINEER as initial interpretor ....................9.11
Lump Sum Pricing ................................ 11.3.2
Notice of ........................................... i7.3
OWNER's ........... 9.4, 9.5, 4.11, 10.2, 11.2, 11.9, 12.1,
13.9, 13.13, 13.14, 17.3
OWNER'sliability ................................... 5.5
OWNER may refuse to make payment .............. 14.7
Professional Fees and Court Costs Included .......... 17.5
request for formal decision on .......................9.11
Substitute items .................................. 6.7.1.2
Time Extersis~n ..................................... 12.1
Time requirements ....... . ..............:.....9.11, 12.1
Unit Price Work .................................. 11.9.3
Value of ............................................ 11.3
Waiver of-on Final Payment ................ 14.14, 14.15
Work Change Directive ............................. 10.2
written notice required ...................9.11, 11:2, 12.1
Clarifications and dnterpretations ............3.6.3, 9.4, 9.11
Clean Site ............................................. 6.17
Codes of Technical Society, Organization or
Association ............................... ...:3.3.3
...
Commencement of Contract Times ......... . .....:..... 2.3
Cornmunications-
Article or Paragraph
Number
general ................................. . 6.2, 6.9.2, 8.1
Hazard Communication Programs ......... . . ..... ..6.22
Completion-
Final Application for Payment ............. ......... 14.12
Final inspection .......................... ......... 14.11
Final Payment and Acceptance ............ ... 14.13-14.14
Partial Utilization ......................... ......... 14.10
Substantial Completion ................... 1.38, 14,8-14.9
Waiver of Claims ......................... ......... 14,15
Computation of Times ..................... .. 17.2.1-17.2.2
Concerning Subcontractors,
Suppliers and Others ...................... ...... 6.8-6.11
Conferences-
initially acceptable schedules .............. ........... 2.9
preconstruction ........................... ........... 2.8
Conflict, Error, Ambiguity, Discrepancy-
CONTRACTOR to Report ............. ..... 2.5, 3.3.2
Construction, before starting by CONTRACTOR .... 2.5-2.7
Construction Machinery, Equipment, etc . .... ........... 6.4
Continuing the Work ............................. 6.29, 10.4
Contract Documents-
Amending ................................ ........... 3.S
Bonds ................................... . S.l
Cash Allowances ......................... .......... 11.8
Change of Contract Price . . ................ ........... 11
Change of Contract Times ................. ........... 12
Changes in the Work ...................... ..... 10.4-10.5
check and verify .......................... ........... 2.5
Clarifications and Interpretations ....... 3.2, 3.6, 9.4, 9. d 1
definition of .............................. . ...... 1.10
ENGINEER as initial interpreter of ....... ..........9.11
ENGINEER as OWNER's representative . ........... 9.1
general ................................................ 3
Insurance ................................. ........... 5.3
Intent ..................................... . ... . 3.1-3.4
minor variations in the Work .............. ........... 3.6
OWNER'S responsibility to furnish data ... ........... 8.3
OWNER'S responsibility to make
prompt payment. ....................... 8.3, 14.4, 14.13
precedence .................................... 3.1, 3.3.3
Record Documents ................. .... ..........6.19
Reference to Standards and Specifications
of Technical Societies ... ................ ........... 3.3
Related Work ............................. ........... 7.2
Reporting and Resolving Discrepancies ..... ...... 2.5, 3.3
Reuse of .................................. ........... 3.7
Supplementing ...... .................... ........... 3,6
Termination of ENGINEER's Employment ........... 8.2
Unit Price Work ......................... ......... 11.9
variations .................................. 3.6, 6,23, 6.27
Visits to Site, ENGINEER'S .............. ........... 9.2
Contract Price-
adjustment of ................ 3.5, 4.1, 9.4, 10.3, 11.2-I i.3
Change of ................................. ........... ll
Derision on Disputes ............................... 9.1 i
definition of .............................. ....:..... 1.11
Contract Times-
adjustment of ...................... 3.5, 4. 1, 9.4, 10.3, l2
Change of .................. ............. ..... 12.1-12.4
Article or Paragraph
Number
Commencement of ................................... 2,3
definition of ........................................ 1.12
CONTRACTOR-
Acceptance of Insurance ............................ 5.14
Limited Reliance on Technical Data Authorized .....4.2.2
Communications ............................... 6.2, 6.9.2
Continue Work ................................ 6.29, 10.4
.coordination and scheduling ......................... 6.9.2
definition of ........................................ 1.13
May Stop Work or Terminate ....................... 15.5
provide site access to others .................... 7.2, 13.2
Safety and Protection .......4.3.1.2, 6.16, 6.18, 6.21-6.23,
7.2, 13.2
Shop Drawing and Sample Review Prior to Submittal .625
Stop Work requirements ........................ . ..4.5.2
CONTRACTOR's-
Compensation .................................. 11.1-11.2
Continuing Obligation .............................. 14.15
Defective Work .......................... 9.6, 13.10-13.14
Duty to correct detective Work ..................... 13.11
Duty to Report
Changes in the Work caused by
Emergency ....................................... 6.23
Defects in Work of Others ......................... 7.3
Differing conditions ..............................4.2.3
Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2
Underground Facilities not indicated ..............4.3.2
Emergencies ........................................ 623
Equipment and Machinery Rental, Cost
of the Work ........................:.......... 11.4.5.3
Fee-Cost-Plus .....................11.4.5.6, 11.5.1, 11.6
General Warranty and Guarantee .................... 6.30
Hazard Communication Programs ...................6.22
Indemnification ...................... 6.12, 6.16, b.31-6.33
Inspection of the Work ......................... 7.3, 13.4,
Labor, Materials and Equipment .................. 6.3-6.5
Laws and Regulations, Compliance by .............6.14.1
Liability Insurance ..............:..................... 5.4
Notice of Intent to Appeal ..................... 9. l0, 10.4
obligation to perform and complete the Work ........6.30
Patent Fees and Royalties, paid for by ...............6.12
Performance and Other Bonds ........................ 5. I
Permits, obtained and paid for by .....................6.13
Progress Schedule ..... 2.6; 2.8, 2.9, 6.6, 6.29, 10.4, 15.2. I
Request for formal decision on disputes ............. 9.1 l
Responsibilities-
Changes in ilea Work .............................. 10.1
Concerning Sut~contractors, Suppliers and Others . 6.8-
6.11
Continuing the Work ........................6.29, 10.4
CONTRACTOR'S expense .......................6.7.1
CONTRACTOR'S General Warranty and Guaran-
tee ............................................... 6.30
CONTRACTOR'S review prior to Shop Drawing or Sam-
ple submittal ................... . .................6.25
Coordination of Work .............................. 6.9.2
Emergencies ..................................... 6.23
ENGINEER'S evaluation, Substitutes
or "Or-Equal" Items ...................:......6.7.3
Article or Paragraph
Number
For Acts and Omissions of Others .....6.9.1-6.9.2, 9.13
for deductible amounts, insurance .................. 5.9
general ................................. b, 7.2, 7.3, 8.9
Hazardous Communication Programs .............6.22
Indemnification .............................. 6,31-6.33
Labor, Materials and Equipment ................ 6.3-6.5
Laws and Regulations ............................6.14
Liability Insurance ................................. 5.4
Notice of variation from Contract Documents .....6.27
Patent Fees and Royalties .........................6.12
Permits ........................................... 6.13
Progress Schedule ................................. 6.6
Record Documents ............................... 6.19
related Work performed prior to ENGINEER'S
approve! of required submittals .................6.28
safe structuratloading ............................ b.18
Safety and Protection ...................6.20; 7.2, 13.2
Safety Representative ............................. 6.21
Scheduling the Work ............................. b.9.2
Shop Drawings and Samples ....... . ..............6.24
Shop Drawings and Samples Review
by ENGINEER ................................6.26
Site Cleanliness ................................... 6.17
Submittal Procedures ............................. 6.25
Substitute Construction Methods and
Procedures , 6,7,2
Substitutes and "Or-Equal" Items ................6.7.1
Superintendence ................................... 6.2
Supervision ........................................ 6.1
Survival of Obligations ............................ 6.34
Taxes ............................................ 6.15
3ests and Inspections ............................. 13.5
To Report ......................................... 2.5
Use of Premises .................... 6.16-6.18, 6.30.2.4
Review Prior to Shop Drawing or Sample Submittal ..625
Right to adjustment for changes in the Work ......... 10.2
right to claim .. 4, 7.1, 9,4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1,
13.9,14.8,15.1,15.5,17.3
Safety and Protection .. ...............6.20-6.22, 7.2, 13.2
Safety Representative ............................... 6.21
Shop Drawings and Samples Submittals .........6.24-6.28
Special Consultants ............................... 11.4.4
Substitute Construction Methods and Procedures .. , . 6.7
Substitutes and "Or-Equal" Items, Expense ..6.7.1, 6.7.2
Subcontractors, Suppliers and Others ............ 6.8-b.l l
Supervision and Superintendence ........... b.l, 6.2, 6.21
Taxes, Payment by .............................. .6.15
Use of Premises ................................ 6.16-6.18
Warranties and guarantees ............ .6,30, 6.5
Warranty of Title ................................... 14.3
Written Notice Required-
CONTRACTOR stop Work or terminate ........... 15.5
Reports of Differing Subsurface and Physical Condi-
tions ............................................. 4.2.3
Substantial Completion ........................... 14.8
CONTRACTORS-other ................ .............. 7
...
Contractual Liability Insurance ......................5.4.10
Contractual Time Limits ..... . ........................ 12.2
Coordination
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Article or Paragraph
Number
CONTRACTOR'S responsibility .................... 69.2
Copies of Documents ...................... ............ 2.2
Correction Period .......................... .......... 13.12
Correction, Removal or Acceptance of
Defective Work
in general ......................:...... 10. 4.1, 13.10-13.14
Acceptance of Defective Work ............ ......... 13.13
Correction or Removal of Defective Work . ....6.30, 13.11
Correction Period ......................... ......... 13.12
OWNER May Correct Defective Work .... ......... 13.14
OWNER May Stop Work ................. ......... 13.10
Cost-
of Tests and Inspections ................... .......... i3.4
Records ................................. .......... 11.7
Cast of the Work-
Bonds and insurance, additional .......... ....... l 1.4.5.9
Cash Discounts .......................... ......... 11.4.2
CONTRACTOR'S Fee .............................. 11.6
Employee Expenses ...................... ....... 11.4.5.1
Exclusions to ............................. .......... 11.5
General .................................. ...... 11.4-11.5
Home office and overhead expenses ....... .......... 11.5
Losses and damages ...................... ....... 1 L4.5.6
Materials and equipment .. . ............ . . . ........ 1 i .4.2
Minor expenses .......................... ....... 11.4.5,8
Payroll costs on changes .................. ........ 11.4.i
performed by Subcontractors .............. ........ 11.4.3
Records .................................. .......... 11.7
Rentals of construction equipment and machinery .11.4.5.3
Royalty payments, permits and license fees ...... 11.4.5.5
Site office and temporary facilities ........ . ...... 11.4,5.2
Special Consultants, CONTRACTOR'S .... ........ 11.4.4
Supplemental ............................. ........ 11.4.5
Taxes related to the Work ................ ....... 11.4.5.4
Tests and Inspection ...................... .......... 13.4
Trade Discounts .......................... ........ 11.4.2
Utilities, fuel and sanitary facilities ........ ....... i i.4.5.7
Work after regular hours .................. ........ 11.4.1
Covering Work .............................. ..... 13.6-i3.7
Cumulative Remedies .... . .................. ..... 17.4-17.5
Cutting, fitting and patching ................. .......... . 7.2
Data, to be furnished by OWNER ........... ........... 8.3
Day-definition of ........................... ........ 17.2.2
Decisions on Disputes ....................,.. ..... 9.11, 9.12
defective-definition of .................. . ... .......... 1.14
defective Wcrk--
Acceptance of ............................ .. 10.4.1, 13.13
Correction or Removal of ................. .. 10.4. [ , 13.11
Correction Period ......................... ......... 13.12
in general ................................. 13, 14.7, 14.11
Observation by ENGINEER .............. ........... 9.2
OWNER May Stop Work ................. ......... 13.10
Prompt Notice of Defects ...........:..... .......... 13.1
Rejecting ................................. ........... 9.6
Uncovering the Work ..................... .......... 13.8
Definitions .................................. ............. 1
Delays ................................. 4.i, 6.29, 12.3-12.4
Delivery of Bonds ....................:...... ........... 2.1
Delivery of certificates of insurance .......... ........... 2.7
Article or Paragraph
Number
Determinations for Unit Prices . . ......................9.10
Differing Subsurface or
Physical Conditions
Notice of ............................... ........... 4.2.3
ENGINEER's Review .................. ...........4.2.4
Possible Contract Documents Change .... ...........4.2.5
Possible Price and Times Adjustments ... ...........4.2.6
Discrepancies-Reporting and Resolving .... 2.5, 3.3.2, 6.14.2
Dispute Resolution---
Agreement .............................. ....... 16.1-16.6
Arbitration .............................. ....... 16,1-16.5
general ................................. .............. 16
Mediation .............................. ............ 16.6
Dispute Resolution Agreement ............. ....... 16.1-16.6
Disputes, Decisions by ENGINEER ....... .......9.11-9.12
Documents-
Copies of ............................... ............. 2.2
Record ................................. ............ 6.19
Reuse of ................................ ............. 3.7
Drawings-definition of ................... ............ 1.15
Easements ................................ ............. 4.1
Effective date of Agreement-definition of . .. . ......... l .16
Emergencies ................ ........... ............ 6.23
ENGINEER-
as initial interpreter on disputes .......... .......9.11-9.12
definition of ..............:............. ............ 1.17
Limitations on authority and
responsibilities ................................. 9.13
Replacement of ......................... ............. 8.2
Resident Project Representative ......... ............. 9.3
ENG[NEER's Consultant-definition of .... ......... . . 1. l8
ENGINEER's-
authority and responsibility, limitations on ............9.13
Authorized Variations in the Work ....... . ............ 9.5
Change Orders, responsibility for ........ .. 9.7, 10, 11, 12
Clarifications and Interpretations .... . .......... 3.6.3, 9.4
Decisions on Disputes ................... .......9.11-9.12
defective Work, notice of ................ ........... 13.1
Evaluation of Substitute Items ..... . ..... .. . ........6.7.3
Liability ................................. ...... 6.32, 9.12
Notice Work is Acceptable ............... .......... 14.13
Observations ............................ ..... 6.30.2, 9.2
OWNER'S Representative ........................... 9.1
Payments to the CONTRACTOR,
Responsibility for ..................... ......... 9.9, 14
Recommendation of Payment ...... . ..... ..... 14.4, 14.13
Responsibilities-
Limitations on ........................ ....:.. 9.1i-9.13
Review of Reports on Differing Subsurface
and Physical Conditions ............ . .. ...........4.2.4
Shop Drawings and Samples, review
responsibility ..............:........... ........... 6.26
Status During Construction-
authorized variations in the Work ...... ............ 9.5
Clarifications and Interpretations ....... ......... . .. 9.4
Decisions on Disputes ....................,.... 9.11-9.12
Determinations on Unit Price ......... ...........9.10
ENGINEER as Initial Interpreter .............9.11-9.12
ENGINEER'S Responsibilities ........ ........ 9.1-9.12
Article or Paragraph
1'Vumber
Limitations on ENGINEER'S Authority and
Responsibilities ................................... 9.13
OWNER'S Representative ..... .................... 9.1
Project Representative ......... .................... 9.3
Rejecting Defective Work ...... .................... 9.6
Shop Drawings, Change Orders and
Payments ................... ................. 9.7-9.9
Visits to Site .................. ..:................. 9.2
Unit Price Determinations ........ ................... 9.10
Visits to Site ..................... .................... 9.2
Written consent required ......... .. . ...... . ...... 7.2, 9.1
Equipment, Labor, Materials and .. .... . ............ 6.3-6.5
Equipment rental, Cost of the Work .............:.. i 1.4.5.3
Equivalent Materials and Equipment .................... 6.7
Errors or omissions ................ ................... 6.33
Evidence of Financial Arrangements ................... 8.11
Explorations of physica! conditions . .................. 4.2.1
Fee, CONTRACTOR's-Costs-Plus ................... 11.6
Field Order-
definition of ..................... ................... 1.19
issued by ENGINEER ........... .............. 3.b.1, 9.5
Final Application for Payment ...... .............. . ... 14.12
Finallnspection .................... .................. 14.11
Final Payment-
and Acceptance .................. ............ 14.13-14.14
Prior to,for cash allowances ..... ................ .. 11.8
General Provisions ................. ...............17.3-17.4
General Requirements-
defintion of ..................... .. 1.20
principal references to ........... ... 2.6, 6.4, 6.6-6.7, 6.24
GlVltlg NOtlce ...................... ................... 17.1
Guarantee of Work-by
CONTRACTOR .... . ....... . ..... ............ b.30, 14.12
Hazard Communication Programs .. ................... 6.22
Hazardous Waste-
definition of ..................... ...........:....... 1.21
general .......................... .................... 4.5
0WNER's responsibility for ..... ................... 8.10
Indemnification ..................... ... 6.12, b.lb, 6.31-6.33
Initially Acceptable Schedules ...... .................... 29
Inspection-
Certificates of .................... ..... 9.13.4, 13.5, 14.12
Final ............................ .................. 14.11
Special, required by ENGINEER .................... 9.b
Tests and Approval .............. .......... 8.7, 13.3-i3.4
Insurance-
Acceptance of, by OWNER ...... ....... ............ SJ4
Additional, required by changes
in the Work .................. ............... ll.4.5.9
Before starting the Work ......... .................... 2.7
Bonds and-in general ............ ..................... 5
Cancellation Provisions .. . ....... .................... 5.8
Certificates of .. 2.7, S, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5,14,
9.13.4, 14.12
completed operations ............. ................. 5.4.t3
.CON'TRACTOR'S Liability ....... .................... 5.4
CONTRACTOR'S objection to coverage ............. 5.14
Contractual Liabi{ity ............. ................. 5.4.10
Article or Paragraph
Number
deductible amounts, CONTRACTOR'S
responsibility .................................... S.9
Final Application for Payment ...................... 14.12
Licensed Insurers .................................... 5.3
Notice requirements, material
changes .................................. 5.8, 10.50
Option to Replace .................................. 5.14
other special insurances ............................. 5.10
OWNER as fiduciary far insureds .............. 5.12-5.13
OWNER'S Liability .................................. S.S
OWNER'S Responsibility .... . ... . ......... . ......... 8.S
Partial Utilization, Property Insurance ........ . ...... 5.15
Property ........................................ 5.6-5.10
Receipt .and Application of Insurance Proceeds .. 5.12-5.13
Special Insurance ................................... 5.10
Waiver of Rights .............. ........,..........-5.11
...
Intent of Contract Documents ....................... 3.1-3.4
Interpretations and Clarifications ...... . .......... 3.63, 9.4
Investigations of physical conditions ............... . .... 4.2
Labor, Materials and Equipment ............ . ....... 6.3-6.5
Lands--
and Easements ...................................... 8.4
Availability of ................................... 4.1, 8.4
Reports & Tests ..................................... 8.4
Laws and Regulations-Laws or Regulations-
Bonds . S.I-5.2
Changes in the Work ................................ 10.4
Contract Documents .............................. 3.1
...
CONTRACTOR'S Responsibilities ................... 6.14
Correction Period, defective Work .................. 13.12
Cost of the Work, taxes ......................... 11.4.5.4
definition of ........................................ 1.22
general ...................................... 6.14
Indemnification ................................ 6.31-6.33
insurance ............................................ 53
Precedence .................................... 3.1, 3.3.3
Reference to ....................................... 3.3.]
Safety and Protection .......................... 6.20, 13.2
Subcontractors, Suppliers and Others ....,.,..... 6.8-6.11
Tests and Inspections ............................... 13.5
Use of Premises .................................... 6.16
Visits to Site ......................................... 9.2
Liability Insurance-
CONTRACTOR's .................................... 5.4
OWNER's ........................................... S.S
Licensed Sureties and Insurers ......................... 53
Liens-
Application for Progress Payment ................... 14.2
Contractor's Warranty of Title ....................... 143
Final Application for Payment ..... . ................ 14.12
definition of ........................................ 1.23
Waiver of Claims .................................. 14.15
Limitations on ENGINEER's authority and
responsibilities ..................................... 9.13
Limited Reliance by CONTRACTOR Authorized ...... 4.2.2
Maintenance and Operating Manuals-
Finai Application for Payment ....................... 14.12
Manuals (of others}--
Precedence ....................................... 3.3.3.1
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Article or Paragraph
_Number
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
Milestones-definition of .................... .......... 1.24
Miscellaneous-
Computation of Times ................. . .. .......... 17.2
Cumulative Remedies .............. . ...... .......... 17.4
Giving Notice ............................. .......... 17.1
Notice of Claim ........................... .......... 17.3
Professional Fees and Court Costs Included .......... 17.5
Multi-prime contracts ....................... ............. 7
Not Shown or Indicated ..................... . . .......4,3.2
Notice of-
Acceptability of Project ................... ......... 14.13
Award, definition of ....................... .......... 1.25
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 Proceed-
definition of .............................. .......... 1.26
giving of .................................. ........... 2.3
Notification to Surety ....................... .......... 10.5
Observations, by ENGINEER .............. ......6.30, 9.2
Occupancy of the Work ................5.15, b.30.2.4, 14.10
Omissions or acts by CONTRACTOR ....... ...... 6.9, 9.13
"Open peril" policy form, Insurance
..
a 5.6.2
:
:::
::
Option to Replace .........:....... : ~.::::::::
S.14
"Or Equal" Items ........................... ........... 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 of Lands, responsibility ........ ........... 4.1
definition of .............................. .......... 1.27
data, furnish .............................. ........... 8.3
May Correct Defective Work .............. ......... 13.14
May refuse to make payment .............. .......... 14.7
May Stap the Work ....................... ......... 13.10
may suspend work,
terminate ....................... 8.8, 13.10, 15.1-15.4
Payment, make prompt ................... 8.3, 14.4, 14.13
performance of other Work ................ ........... 7.l
permits and licenses, requirements ........ ..........6.13
purchased insurance requirements ........ ....... 5.6-5.10
OWNER's-
Acceptance 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
Article or Paragraph
Numher
Inspections, tests and approvals ................. 8.7, 13.4
Liability Insurance ...:................... ............ 5.5
Notice of Defects .......::................ ........:. 13.1
Representative-During Construction,
ENGINEER'S Status ................ ............ 9.1
Responsibilities-
Asbestos, PCB's, Petroleum, Hazardous
Waste on Radioactive Material ........ ..........8.10
Change Orders ......................... ........... 8.6
Changes in the Work .................... .......... 10.1
communications ........................ ........... 8.1
CONTRACTOR'S responsibilities .. . ... ............ 8.9
evidence of financial arrangements ...... ..........8.11
inspections, tests and approvals ........ ............ 8.7
Insurance ............................. ............ 8.5
(ands and easements ................... ............ 8.4
prompt payment by ..................... ........... 8.3
replacemenCof ENGINEER ............ ........... 8.2
reports and tests ....................... ............ 8.4
stop or suspend Work .................. 8.8, 13.10, 15.1
terminate CONTRACTOR's services .... ...... 8.8, 15.2
separate representative at site ............ ............ 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 notice
required .......... 7.1, 9.4, 9.11, 11.2, 11.9, 14.7, 15.4
PCBs-
definition of .............................. .......... 1.29
general .................................. ............ 4.5
OWNER's responsibility for ............. ...........8.10
Partial Utilization-
definition of ............................. ........... 1.28
genera{ .................................. . 6.30.2.4, 14.10
Property Insurance ...................... ........... S.iS
Patent Fees and Royalties .................. ........... b.12
Payment Bonds ............................. ........ 5.1-5.2
Payments, Recommendation of ............. 14.4-i4.7, 14.13
Payments to CONTRACTOR and Completion --
Application for Progress Payments ....... ........... 14.2
CONTRACTOR'S Warranty of Title ...... ........... 14.3
Final Application far Payment ............ .......... 14.12
Final Inspection ......................... .......... 14.11
Final Payment and Acceptance ........... .... 14.13-14.14
general ................................... ........ 8.3, 14
Partial Utilization ........................ .......... 14.10
Retainage ................................ ........... 14.2
Review of Applications for Progress
Payments ............................ ...... 14.4-14.7
prompt payment ......................... ............ 8.3
Schedule of Values ....................... ........... i4.1
Substantial Completion ................... ...... 14.8-14.9
Waiver of Claims ........................ .......... 14.15
when payments due ................. . .... .... 14.4, 14.13
withholding payment ..................... ........... 14.7
Performance Bonds ......................... ........ 5.1-5.2
Permits .................................... ........... 6.13
Article or Paragraph
Number
Petroleum
definition of ........................................ 1.30
general .............................................. 4.5
OWNER's responsibility for ........................ 8.10
Physical Conditions-
Drawings of, in or relating to ..................... 4.2.1.2
ENGINEER's review ................:............. 4.2.4
existing structures .................................. 4.2..2
general ........................................... 4.2.1.2
Subsurface and ....................................... 4:2
Underground Facilities ............................... 4.3
Possible Contract Documents Change ............... 4.2.5
Possible Price and Times Adjustments .............. 4.2.6
Reports and Drawings .. ......................... 4.2.1
Notice of Differing Subsurface or . .................. 4.2.3
Subsurface and ...................................... 4.2
Subsurface Conditions ............................ 4.2.1, i
Technical Data, Limited Reliance by
CONTRACTOR Authorized .................... 4.2.2
Underground Facilities-
general .......................................... 4.3
Not Shown or Indicated ....................... 4.3.2
Protection of ............................... 4.3, 620
Shown orflndicated ............................ 4.3.1
Technical Data ..................................... 4.2.2
Preconstruction Conference ............................ 2.$
Preliminary Matters ...................................... 2
Preliminary Schedules .................................. 2.6
Premises, Use of ................................. 6.16-6.18
Price, Change of Contract ............................... ll
Price, Contract-definition of .......................... 1.11
Progress Payment, Applications for ... . .......... . ..... 14.2
Progress payment-retainage ...................... .. 14.2
Progress schedule, CONTRACTOR's ..... 2.6, 2.8, 2.9, 6.6,
6.29, 10.4, 15.2.1
Project-deft nitian of .................................. 1.31
Project Representative-
ENGINEER's Status During Construction ......... , .. 9.3
Project Representative, Resident
-definition of ...................................... 1.33
prompt payment by OWNER ........................... 8.3
Property Insurance
Additional ........................................... 5.7
general .......................................... 5.6-5.10
Partial Utilization ...... . .................... 5.15, 14.10.2
receipt and application of
proceeds .................................. 5.12-5.13
Protection, Safety and ....................... 6.20-6.21, 13.2
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
Records, procedures for maintaining .................... 2.8
Reference Points ....................................... 4.4
Reference to Standards and Specifications
of Technical Societies ....................:........... 3.3
]0
Article or Paragraph
Number
Regulations, Laws and (or) ............................ 5.14
Rejecting Defective Work ............................... 9.6
Related Work-
at Site ........................................... 7.1-7.3
Performed prior to Shop Drawings
and Samples submittals review ...... . ........... 6.28
Remedies, cumulative ............................ 17.4, 17.5
Removal or Correction 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, 6.14.2
Reports-
and Drawings ...................................... 4.2.1
and Tests, OWNER's responsibility .................. 8.4
Resident Project Representative-
definition of ........................................ 1.33
provision far ......................................... 9.3
Resident Superintendent, CONTRACTOR's ............. b.2
Responsibiiities-
CONTRACTOR's-in general ........................... 6
ENGINEER's-in general ............................... 9
Limitations on .................................... 9.13
OWNER's-in general .................................. 8
Retainage ............................................. 14.2
Reuse of Documents ................................... 3.7
Review by CONTRACTOR: Shop Drawings
and Samples Prior to Submittal ...................... 6.25
Review of Applications for Progress
Payments ...................................... 14.4-14.7
Right to an adjustment ................................ 10.2
Rights of Way .......................................... 4.1
Royalties, Patent Fees and ............................. 6.12
Safe Structural Loading ............................... 6.18
Safety-
and Protection ....... 4.3.2, 6.16, 5.18, 5.20-6.21, 7.2, 13.2
general ........................................ 5.20-6.23
Representative, CONTRACTOR'S ................... b.21
Samples-
definition of ........................................ 1.34
general ........................................ 5.24-6.28
Review by CONTRACTOR ......................... 5.25
Review by ENGINEER ....................... 6.26, 6.27
related Work ........................................ 5.2R
submittal of ....................................... 6.24.2
submittal procedures ................................ 6,25
Schedule of progress ..... 2.6, 2.8-2.9, 6.6, 5.29, 10.4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals ...............:....... 2.6, 2.8-2.9, 6.24-6.28
Schedule of Values ........................ 2.6, 2.8-2.9, 14.1
Schedules-
Adherence to ..................................... 15.2.1
Adjusting ............................................ 6.6
Change of Contract Times .......................... 10.4
Initially Acceptable ............................... 2.8-2.9
Preliminary .......................................... 2.6
Scope of Changes .............................. 10.3-10.4
Subsurface Conditions .............................. 4.2.1.1
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Article or Paragraph
Number
Shap Drawings-
.. and Samples, general ........................... 6.24-6.28
Change Orders & Applications far
Payments, and ............................... 9.7-9.9
definition of ........................... 1.35
.............
ENGINEER's approval of .........................3.6.2
ENGINEER'S responsibility
for review ............................... 9.7, 6.24-6.28
related Work .......................... .6.28
review procedures ......................... 2.8, 6.24-6.28
submittal required ................................. 6.24.1
Submittal Procedures ............................... 6.25
use to approve substitutions ........................ 6.7.3
Shown or Indicated ................................... 4.3.1
Site Access ........:.........._................... 7.2, 13.2
Site Cleanliness ....................................... 6.17
Site, Visits to-
by ENGINEER ...........:.................... 9.2, 13.2
by others ........................................... i3.2
"Special causes of loss" policy form, insurance .......5.6.2
Specifications-
definition of ................ .. 1.36
of Technical Societies, reference to .................3.3.1
precedence ........................................ 3.3.3
Standards and Specifications of Technical
Societies .. .. 3.3
Starting Construction, Before ....................... 2.5-2.8
Starting the Work ...................................... 2.4
Stop or Suspend Work-
by CONTRACTOR ................................. 15.5
by OWNER .............:............... 8.8, 13.10, 15.1
Storage of materials and equipment ................. 4.1, 7.2
Structural Loading, Safety ............................. 6.18
Subcontractor-
Conceming . ..................................... 6.8-6.11
definition of ........................................ 1.37
delays .............................................. 12.3
waiver of rights ..................................... 6,11
Subcontractors-in general ........................ 6.8-6.91
Subcontracts-required provisions ........5.11, 6.11, 11.4.3
Submittais-
Applications for Payment .......... . ................ 14.2
Maintenance and Operation Manuals . .............. 14.12
Procedures ......................................... 6.25
Progress Schedules .............................. 2.6, 2.9
Samples ....................................... 6.24-6.28
..Schedule of Values :..........: ................. 2.6, 14.1
Schedule of Shop Drawings and
Samples Submissions .................... 2.6, 2.8-2.9
Shop Drawings ................................. 6.24-6.28
Substantial Compietion-
certification of ........................ 6.30.2.3, 14.8-14.9
definition of ........................................ 1.38
Substitute Construction Methods or Procedures ... ..6.7.2
Substitutes and "Or Equal" Items ...................... 6.7
CONTRACTOR'S Expense .......................6.7.1.3
ENGINEER'S Evaluation .......................... b.7.3
"Or-Equal" ........................................ 6.7.I
Substitute Construction Methods of Procedures .....6.7.2
Article or Paragraph
Number
Substitute Items .................................. 6.7.1.2
Subsurface and Physical Conditions-
Drawings of, in or relating to ......... .. ........... 4.2.1.2
ENGINEER'S Review ................. ............ 4.2.4
general ................................ .............. 4.2
Limited Reliance by CONTRACTOR
Authorized ........................ ............ 4.2.2
Notice of Differing Subsurface or
Physical Conditions .................... ............ 4.2.3
Physical Conditions ..................................4.2.1.2
Possible Contract Documents Change ..... ............4.2.5
Possible Price and 'Times Adjustments .... ............4.2.6
Reports and Drawings .................... ........... . 4.2.1
Subsurface and ........................ .............. 4.2
Subsurface Conditions at the Site ....... ..........4.2.1.1
Technical Data ......................... ............ 4.2.2
Supervision-
CONTRACTOR's responsibility ........ .............. 6.1
OWNER shall not supervise ........... .............. 8.9
ENGINEER shall not supervise ........ ....... 9.2, 9.13.2
Superintendence ......................... .............. 6.2
Superintendent, CONTRACTOR'S resident ........... 6.2
Supplemental costs ....................... ........... 11.4.5
Supplementary Conditions-
definition of .. . ........... .. 1.39
principal reference to .... 1.10, 1.I8, 2.2, 2.7, 4.2, 4.3, 5.1,
5.3, 5.4, S.b-5.9, 5.11, 6.$, 6.13, 7.4, 8.11, 9.3, 9.10
Supplementing Contract Documents ...... .............. 3.6
Supplier-
definition of ........................................ 1.40
principal references to .................. 3.7, 6.5, 6.8-6.11,
6.20 , 6.24, 9.13, 14.12
Waiver of Rights ........................ ............ 6.11
Surety-
consent to final payment ................ ..... 14.12, 14.14
ENGINEER has no duty to ............. ............9.13
Notification of ......................... .. 10.1, 10.5, 15,2
qualification of ......................... .......... 5.1-5.3
Survival of Obligations .................... ............ 6.34
Suspend Work, OWNER May ............ ...... 13.10, 15.1
Suspension of Work and Termination- .... .............. 15
CONTRACTOR May Stop Work or
Terminate ............................ ............ 15.5
OWNER May Suspend Work ........... ......... .. 15.1
OWNER May Terminate ........... . .... ....... i5,2-15.4
Taxes-Payment by CONTRACTOR ........ ............6.15
Technical Data-
Limited Reliance by CONTRACTOR . . .............4.2.2
Possible Price and Times Adjustments ..............4.2.6
Reports of Differing Subsurface and
Physical Conditions ................... ...........4.2.3
Temporary construction facilities ........... ............. 4.1
Termination-
by CONTRACTOR .......... . .......... ............ 15.5
by OWNER ............................ ... 8.8, 15.1-15.4
of ENGINEER'S employment ........... ............. 8.2
Suspension of Work-in general .. .. ...
. . . , . 15
. .........
Terms and Adjectives ..................... ............. 3.4
Tests and Inspections--
Article or Paragraph
Number
Access to the Work, by others ...................... 13.2
CONTRACTOR'S responsibilities . ......... . ......... 13.5
cost of ........................... ................... 13.4
covering Work prior to ........... .............. 13.6-13.7
Laws and Regulations (or) ....... ................... 13.5
Notice of Defects ................ ................... ]3.1
OWI`rER May Stop Work ........ .. . ............... 13.10
OWN ER's independent testing ... ................... 13.4
special, required by ENGINEER . .............. . ..... 9.6
timely notice required ............ ................ . .. 13.4
Uncovering the Work, at ENGINE ER's
request ...................... .............. 13.8-13,9
Times-
Adjusting ........................ .................... 6.6
Change of Contract .............. ..................... 12
Adjusting ........................ .................... b.6
Computation of .................. ................... 17.2
Contract Times-definition of .... ............... . ... 1.12
day .............................. ..................17.72
Milestones ......................
..................... 12
Requirements--
appeals ....................... .................... lb
clarifications, claims and
disputes ................... .......... 9.11, 11.2, 12
commencement of contract times ................... 2.3
preconstruction conference ..... .................... 2.8
schedules ...................... ........... 2.6, 2.9, 6.6
starting the Work .............. .:.................. 2.4
Title, Warranty of .................. ................... 14.3
Uncovering Work .................. .............. 13.8-13.9
Underground Facilities, Physical Conditions-
definition of ..................... ................... ].41
Not Shown or Indicated .......... ... . .............. 4.3.2
protection of ..................... .............. 4.3, 6.20
Shown or Indicated .............. .................. 4.3.1
Unit Price Work-
claims ........................... ................. 11.9.3
definition of ...................... .. .. 1.42
general .......................... ........ 11.9, 14.1, 14.5
Unit Prices-
genera! .......................... ................. 11.3.1
Determination for .......:......... .................. 9.10
Use of Premises .................... .... 6.16, 6.18, 6.30.2.4
Utility owners ...................... 6.13, 6.20, 7.1-7.3, 13.2
12
Article or Paragraph
Number
Utilization, Partial ............... 1.28, 5.15, 6.30, 2.4, 14.10
Value of the Work ..................................... 11.3
Values, Schedule of ....................... 2.6, 2.8-2.9, 14.1
Variations in Work-Minor
Authorized ................................ 6.25, 6.27, 9.5
Visits of Site-by ENGINEER ......................... 9.2
Waiver of Claims-on Finai
Payment ........................................... 14.15
Waiver of Rights by insured parties ............... 5.11, 6.l 1
Warranty and Guarantee, General-by
CONTRACTOR ....................................6,30
Warranty of Title, CONTRACTOR's ................... 14.3
Work-
Access to ........................................... 13.2
by others . ............................................. 7
Changes in the ....................................... ]0
Continuing the . ..................................... 6.29
CONTRACTOR May Stop Work
or Terminate ................................... 15.5
Coordination of ...................................... 7.4
Cost of the ..................................... 11.4-11.5
definition of ........................................ 1.43
neglected by CONTRACTOR . ......... . ...........13.14
other Work ............................................ 7
OWNER May Stop Work .......................... 13.10
OWNER May Suspend Work ................. 13.10, 15.1
Related, Work at Site ............................. 7.1-7.3
Starting the .......................................... 2.4
Stopping by CONTRACTOR ........... . ............ 15.5
Stopping by OWNER .......................... 15.1-15.4
Variation and deviation authorized,
minor ........................................... 3.6
Work Change Directive-
claims pursuant to .................................. 10.2
definition of ........................................ 1.44
principal references to .................... 3.5.3, 10.1-i0.2
Written Amendment-
definition of ........................................ 1.45
principal references to ... 1.10, 3.5, 5.10, 5.12, 6.6.2, 6.8.2,
6.19,10.1, 10.4, 11.2, 12.1, 13.12.2,14.7.2
Written Clarifications and
Interpretations ........................... 3.6.3, 9.4, 9.11
Written Notice Required-
by CONTRACTOR ........ 7.1, 9.10-9.11, 10.4, 112, 12.1
by OWNER ....................9.10-9.11, 10.4, 11.2, 13.14
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GENERAL CONDITIONS
ARTICLE 1-DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
l.l. Addenda-Written orgraphic instruments issued prior
to the opening of Bids which clarify, correct or change the
Bidding Requirements or the Contract Documents.
1.2. Agreement-The written contract between OWNER
and CONTRACTOR covering.the Work to be performed; other
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
1.3. Application far Payment-The form accepted by EN-
GINEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to be accompanied by
such supporting documentation as is required by the Contract
Documents.
1.4. Asbestos-Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health Administration.
1 S. Bid-The offer or proposal of the bidder submitted on
the prescribed form setting forth the prices for the Work to be
performed.
1.6. Bidding Documents-The advertisement or invitation
to Bid, instructions to bidders, the Bid form, and the proposed
Contract Documents (including all Addenda issued prior to
receipt of Bids).
1.7. Blctding Requirements-The advertisement or invita-
tion to Bid, instructions to bidders, and the Bid form.
1.8. Bonds-Performance and Payment bonds and other
instruments of security.
1.9. Change Order A document recommended by ENGI-
NEER, which is signed by CONTRACTOR and OWNER and
authorizes an addition, deletion or revision in the Work, ar an
adjustment in the Contract Price or the Contract Times, issued
on or after the Effective Date of the Agreement.
1.10. Contract Documents-The Agreement, Addenda
(which pertain to the Contract Documents), CONTRACTOK's
Bid (including documentation accompanying the Bid and any
post Bid documentation submitted prior to the Notice of
Award) when attached as an exhibit to the Agreement, the
Notice to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the Draw-
ings as the same are more specifically identified in the Agree-
went, together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER'S
written interpretations and clarifications issued .pursuant to
paragraphs 3.5, 3.6,1, and 3.6.3 on or after the Effective Date
of the Agreement, Shop Drawing submittals approved pursu-
ant to paragraphs b.26 and 6.27 and the reports and drawings
referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract
Documents.
1.11. Contract P-•ice The moneys payable by OWNER to
CONTRACTOR for completion of the Work in accordance
with the Contract Documents as stated in the Agreement
(subject to the provisions of paragraph 11.9.1 in the case of
Unit Price Work).
1.12. Contract Times-The numbers of days or the dates
stated in the Agreement: (i) to achieve Substantial Completion,.
and (ii) to complete the. Work so that it is ready for final
payment as evidenced by ENGINEER'S written recommenda-
tion of final payment in accordance with paragraph 14.13.
1.13. CONTRACTI~R The person, firm or corporation
with whom OWNER has entered into the Agreement.
1.14. defective-An adjective which when modifying the
word Work refers to Work that is unsatisfactory, faulty or
deficient, in that it does not conform to the Contract Docu-
ments, or does not meet the requirements of any inspection,
reference standard, test ar approval referred to in the
Contract Documents, or has been damaged prior to ENG[-
NEER's recommendation of fine{ payment (unless responsi-
bilityfor the protection thereof has been assumed by OWNER
at Substantial Completion in accordance with paragraph 14.8
or 14.10). '
1.iS. Drawings-The drawings which show the scope,
extent and character of the Work to be famished and per-
formed by CONTRACTOR and which have been prepared or
approved by ENGINEER and are referred to in the Contract
Documents. Shop drawings are not Drawings as so defined.
1.16. Effective Date of the Agreement-The date indicated
in the Agreement on which it becomes effective, but if no such
date is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
i .17. ENGINEER-The person, firm or corporation named
as such in the Agreement.
1.18. ENGINEER'S Consultant-A person; firm or corpo-
ration having a contract with ENGINEER to famish services
as ENGINEER'S independent professional associate or con-
sultant with respect to the Project and who is identified as such
in the Supplementary Conditions.
1.19. Field Order A written order issued by ENGINEER
which orders minor changes in the Work in accordance. with
paragraph 9.5 but which does not involve a change in the
Contract Price or the Contract Times.
13
1.20. General Requirements-Sections of Division i of the
Specifications.
1.21. Hazardous Waste-The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid Waste
Disposal Act (42 USC Section 6903) as amended from time to
time.
1.22. Laws and Regulations; Laws or Regulations-Any
and all applicable laws, rules, regulations, ordinances, codes
and orders of any and all governmental bodies, agencies,
authorities and courts having jurisdiction.
1.23. Liens-Liens, charges, security interests or encum-
brances upon real property or personal property.
1.24. Milestone-A principal event specified in the Con-
tract Documents relating to an intermediate completion date or
time prior to Substantial Completion of all the Work.
1.25. Notice ofAward--The written notice by OWNER to
the apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein, within the time specified, OWNER will
sign and deliver the Agreement.
1.26. NoticetoProceed-AwrittennoticegivenbyOWNER
to CONTRACTOR (with a copy to ENGINEER) fixing the
date on which the Contract Times will commence to run and on
which CONTRACTOR shall start to perform CONTRAC-
TOR's obligations under the Contract Documents.
1.27. OWNER-The public body or authority, corpora-
tion, association, firm or persan with whom CONTRACTOR
has entered into the Agreement and for whom the Work is to be
provided.
1.28. Partial Utilization-Use by OWNER of a substan-
tiallycompleted part of the Work for the purpose for which it is
intended (or a related purpose) prior to Substantial Completion
of all the Work.
1.29.. PCBs-Polychlorinated biphenyis.
1.30. Petroleum-Petroleum, including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and garessttre (60 degrees Fahrenheit and 14.7
pounds persquare inch absolute), such as oil, petroleum, fuel
oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with
other non-Hazardous Wastes and crude oils.
1.31. Project-The total construction of which the Work to
be provided under the Contract Documents may be the whale,
ora part as indicated elsewhere in the Contract Documents.
1.32. Radioactive Material-Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
1954 (42 USC Section 2011 et seq.) as amended from time to
time.
14
1.33. Resident Project Representative- The authorized
representative of ENGINEER who may be assigned to the site
or any part thereof.
1.34. Samples-Physical examples of materials, equipment,
or workmanship that are representative of some portion of the
Work and which establish the standards by which such portion
of the Work will be judged.
I.3S. Shop I~rawfngs--A{I drawings, diagrams, illustra-
tions, 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. Specijcattons-Those portions of the Contract Doc-
uments consisting of written technical descriptions of materi-
als, equipment, construction systems, standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
1.37. Subcontractor-An individual, firm or corporation
having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of a part of the Work
at the site.
1.38. Substantial Completion-The Work (or a specified
part thereof) has progressed to the point where, in the opinion
of ENGINEER as evidenced by ENGINEER's .definitive
certificate of Substantial Completion, it is sufficiently com-
plete, in accordance with the Contract Documents, so that the
Work (or specified part) can be utilized for the purposes for
which it is intended; or if no such certificate is issued, when the
Work is complete and ready for final payment as evidenced by
ENGINEER'S written recommendation of final payment in
accordance with pazagraph 14.13. The terms "substantially
complete" and "substantally completed" as applied to all or
part of the Work refer to Substantial Completion thereof.
1.39. Supplementary Conditions-The part of the Contract
Documents which amends or supplements these General Con-
ditions.
1.40. Supplier-A manufacturer, fabricator, supplier, dis-
tributor, materialman or vendor having a direct contract with
CONTRACTOR or with any Subcontractor to furnish materi-
als or equipment to be incorporated in the Work by CON-
TRACTOR or any Subcontractor.
1.41. Underground Facilities--All pipelines, conduits,ducts,
cables, wires, manholes, vaults, tanks, tunnels or other such
facilities or attachments, and any encasements containing such
facilities which have been installed undergraund 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, traffic or
other control systems or water.
1.42. Unit Price Work-Work to be paid far on the basis of
unit prices.
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t.43. Work-The entire completed construction or the var-
ious separately identifiable parts thereof required to be fur-
nished under the Contract Documents. Work includes and is
the result of performing or furnishing labor and furnishing and
incorporating materials and equipment. into the construction,
and performing or furnishing services and furnishing docu-
ments, a!1 as required by the Contract Documents.
1.44. Work Change Directive-A written directive to CON-
TRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by
ENGINEER, ordering an addition, deletion or revision in the
Work, or responding to differing or unforeseen physical condi-
tions under which the Work is to be performed as provided in
paragraph 4..2 or 4.3 or to emergencies under paragraph 6.23. A
Work Change Directive will not change the Contract Price or
the Contract Times, but is evidence that the parties expect that
the change directed or documented by a Work Change Direc-
tive will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Times as provided in
paragraph 10.2.
1.45. Written Amendment-A written amendment of the
Contract Documents, signed by OWNER and CONTRACTOR
on or after the Effective Date of the Agreement and normally
dealing with the nonengineering or nontechnical rather than
strictly construction-related aspects of the Contract Docu-
ments.
ARTICLE 2-PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER, CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of Documents:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably neces-
sary for the execution of the Work. Additional copies will be
furnished, upon request, at the cost of reproduction.
Commencement of Contract Times; Notice to Proeeed.•
2.3. The Contract Times will commence to run on the thirti-
eth day after the Effective Date of the Agreement, or, if a Notice
to Proceed is given, on the day indicated in theNotice to Proceed.
A Notice to Proceed may be given at any time within thirty days
after the Effective Date of the Agreement. In no event will the
Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date
of the Agreement, whichever date is earlier.
Starting the Work:
2.4. CONTRACTOR shall start to perform the Work on the
date when the Contract Times commence to run, but no Work
shall be done at the site prior to the date on which the Contract
Times commence to run.
Before Starting Construction:
2.5, Before undertaking each part of the Work, CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to .ENGINEER any
conflict, error, ambiguity or discrepancy evhich CONTRAC-
TOR may discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any
Work affected thereby; however, CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
conflict, error, ambiguity or discrepancy in the Contract Doc-
uments, unless CONTRACTOR knew or reasonably should
have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Requirements),
CONTRACTOR shall submit to ENGINEER for review:
2.6.1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and completing
the various stages of the Work, including any Milestones
specified in the Contract Documents;
2.6.2. a preliminary schedule of Shop Drawing and Sam-
ple submittals which will list each required submittal and the
times for submitting, reviewing and processing such submit-
tal;
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the basis
for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit appli-
cable to each item of Work.
2.7. Before any Work at the site is started, CONTRACTOR
and OWNER shall each deliver to the other, with copies to
each additional insured identified in the Supplementary Condi-
tions,certificates ofinsurance (and other evidence of insurance
which either of them or any additional insured may reasonably
request) which CONTRACTOR and OWNER respectively are
required to purchase and maintain in accordance with para-
graphs 5.4, 5.6 and 5.7.
Preconstruchon Conference:
2.8. Within twenty days after the Contract Times start to
run, but before any Work at the site is started, a conference
15
attended by CONTRACTOR, ENGINEER and others as ap-
propriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules
referred to in paragraph 2.6, procedures for handling Shop
Drawings and other submittals, processing Applications for
Payment and maintaining required records.
Initially Acceptable Schedules:
2.9. Unless otherwise provided in the Contract Docu-
ments, at least ten days before submission of the first Appliea-
tion for Payment a conference attended by CONTRACTOR,
ENG[NEER and others as appropriate wilt be held to review
for acceptability to ENGINEER as provided below the sched-
ules submitted in accordance with paragraph 2.6. CONTRAC-
TOR shall have an additional ten days to make corrections and
adjustments and to complete and resubmit the schedules. No
progress payment shall be made to CONTRACTOR until the
schedules are submitted to and acceptable to ENGINEER as
provided below. The progress schedule will be acceptable to
ENGINEER as providing an orderly progression of the Work
to completion within any specified Milestones and the Contract
Times, but such acceptance will neither impose on ENGI-
NEERresponsibility for the sequencing, scheduling or progress
of the Work nor interfere with or relieve CONTRACTOR from
CONTRACTOR'S full responsibility therefor. CONTRACTOR'S
schedule of Shop Drawing and Sample submissions will be
acceptable to ENGINEER as providing a workable arrange-
ment far reviewing and processing the required submittals.
CONTRACTOR'S schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
cations and interpretations of the Contract Documents shall be
issued by ENGINEER as provided in paragraph 9.4.
3.3. Reference to Standards and Specifications of Technical
Societies; Reporting a-ul Resolving Discrepancies:
3.3.3. Reference to standards, specifications, manuals or
codes of any technical society, organization or association,
or to the Laws or Regulations of any governmental authority,
whether such reference be specific or by implication, shall
mean the latest standard, specification, manual, code or
Laws or Regulations in effect at the time of opening of Bids
(or, on the Effective 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-
TRACTOR discovers any conflict, error, ambiguity or dis-
crepancy within the Contract Documents or between the
Contract Documents and any provision of any such Law or
Regulation applicable to the performance of the Work or of
any such standard, specification, manual or code or of any
instruction of any Supplier referred to in paragraph 6.5,
CONTRACTOR shall report it to ENGINEER in writing at
once, and, CONTRACTOR shall not proceed with the Work
affected thereby (except in an emergency as authorized by
paragraph 6.23) until an amendment or supplement to the
Contract Documents has been issued by one ofthe methods
indicated i;r paragraph 3.S or 3.6; provided, however, that
CONTRAt.°~'OR shall not be liable to OWNER or ENGI-
NEER for failure to report any such conflict, error, ambigu-
ity or discrepancy unless CONTRACTOR knew or reason-
ably should have known thereof.
3.3.3. Except as otherwise specifically stated in the
Contract Documents 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 take precedence in resolving any conflict,
error, ambiguity or discrepancy between the provisions of
the Contract Documents and:
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Intent:
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary; what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with the
law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereof) to be con-
structed in accordance with the Contract Documents. Any
Work, materials or equipment that may reasonably be inferred
from the Contract Documents or from prevailing custom or
trade usage as being required to produce the intended result
will be furnished and performed whether or not specifically
called for. When words or phrases which have swell- known
technical or construction industry or trade meaning are used to
describe Work, materials or equipment, such words or phrases
shall be interpreted in accordance with that meaning. Clarifi-
3.3.3.1. the provisions of any such standard, sped-
fication, manual, code or instruction (whether or not '
specifically incorporated by reference in the Contract
Documents); or
3.3.3.2. the provisions of any such Laws or Regu-
lotions applicable to the performance of the Work
(unless such an interpretation of the provisions of the
Contract Documents would result in violation of such '
Law or Regulation).
No provision of any such standard, specification, manual, '
code or instruction shall be effective to change the duties and
responsibilitiesofOWNER,CONTRACTORorENGINEER
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or any of their subcontractors, consultants, agents, or em- ,
ployees from those set forth in the Contract Documents, nor
shall it be effective to assign to OWNER, ENGINEER or
any of ENGINEER's Consultants, agents or employees any
duty or authority to supervise or direct the furnishing or
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performance of the Work or any duty or authority to under-
take responsibility inconsistent with the provisions of para-
graph 9,13 or any other provision of the Contract Docu-
ments.
3.4. Whenever in the Contract Documents the terms "as
ordered," "as directed," "as required," "as allowed," "as
approved" or terms of like effect or import are used, or the
adjectives "reasonable," "suitable," "acceptable," "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction, review or judg-
ment of ENGINEER as to the Work, it is intended that such
requirement, direction, review or judgment will be solely to
evaluate, in general, the completed Work .for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of the
completed Project as a functioning whole as shown or
indicated in the Contract Documents (unless .there is a
specific statement indicating otherwise}. The use of any such
term or adjective shall not be effective to assign to ENGI-
NEER any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or
authority to undertake responsibility contrary to the provi-
sions of paragraph 9.13 or any other provision of the
Contract Documents.
Amending and Supplementing Contract Documents:
3.5. The Contract Documents may be amended to provide
for additions, deletions and revisions in the Work or to modify
the terms and conditions thereof in one or more of the following
ways:
3.5.1. a formal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4), or
3.5.3. a Work Change Directive (pursuant to
paragraph 10. i }.
3.6. In addition, the requirements of the Contract Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
3.6.1. a Field Order (pursuant to paragraph 9.5),
3.6.2. ENGINEER'S approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
3.6.3. ENGINEER's written interpretation or clarifica-
tion (pursuant to paragraph 9.4}.
Reuse cif Documents:
3.7. CONTRACTOR, and any Subcontractor or Supplier
or other person or organization performing or furnishing any of
the Wark under a direct or indirect contract with OWNER (i)
shall not have or acquire any title to or ownership rights in any
of the Drawings, Specifications or other documents {or copies
of any thereof] prepared-by or bearing the seal of ENGINEER
or ENGINEER'S Consultant, and (ii) shall .not reuse any of
such Drawings, Specifications, other documients or copies on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adoption by ENGINEER.
ARTICLE 4-AVAILABILITY OF LANDS;
SU$SURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS
Availability of Lands:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be performed,
rights-of--way and easements for access thereto, and such other
lands which are designated .for the use of CONTRACTOR.
Upon reasonable written request, OWNER shall furnish CON-
TRACTOR with a correct statement of record legal title and
legal description cf the lands upon which the Work is to be
performed and OWNER's interest therein as necessary for
giving notice of or filing a mechanic's lien against such lands in
accordance e~ritla applicable Laws and Regulations. OWNER
shall identify any encumbrances or restrictions not of general
application but specifically related to use of lands so furnished
with which CONTRACTOR will have to comply in performing
the Work. Easements for permanent structures or permanent
changes in existing facilities will be obtained and paid for by
OWNER, unless otherwise provided in the Contract Docu-
ments. If CONTRACTOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments in the
Contract Price or the Contract Times as a result of any delay in
OWNER's furnishing these lands, rights-of--way or easements,
CONTRACTOR ttiay make a claim therefor as provided in
Articles i 1 and i2. CONTRACTOR shall provide for alt
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
4.2. Subsurface and Physical Co~ulitions:
4.2.1. Reports and Drawings: Reference is made to the
Supplementary Conditions for identification of:
4.2.1.1. Subsurface Conditions: Those reports of explo-
rations and tests of subsurface conditions at or contiguous to
the site that have been utilized by ENGINEER in preparing
the Contract Documents; and
4.2.1.2. Physical Conditions: Those drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the site (except Underground
Facilities} that have been utilized by ENGINEER in prepar-
ing the Contract Documents.
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4.2.2. Limited Reliance by CONTRACTOR Authorized;
Technical Data: CONTRACTOR may rely upon the general
accuracy of the "technical data" contained in such reports and
drawings, but such reports and drawings are not Contract
Documents. Such "technical data" is identified in the Supple-
mentary Conditions. Except for such reliance on such "tech-
nical data," CONTRACTOR may not rely upon or make any
claim against OWNER, ENGINEER or any of ENGINEER'S
Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings
for CONTRACTOR'S purposes, including, but not limited
to, any aspects of the means,. methods, techniques, se-
quences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs inci-
dent thereto, or
4.2.2.2. other data, interpretations, opinions and infor-
mation contained in such reports or shown or indicated in
such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or cancfu-
sion drawn from any "technical data" or any such data,
interpretations, opinions or information.
4.2.3. Notice of Differing Subsurface or Physical Condi-
tions: If CONTRACTOR believes that any subsurface or
physical condition at or contiguous to the site that is uncovered
or revealed either:
4.2.3.1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to
rely as provided in paragraphs 4.2.1 and 4.2.2 is materially
inaccurate, or
4.2.3.2. is of such a nature as to require a change in the
Contract Documents, or
4.2.3.3. differs materially from that shown or indicated in
the Contract Documents, or
4.2.3.4, is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally recog-
nized as inherent in work of the character provided far in the
Contract Documents; then
CONTRACTOR shall, promptly after becoming aware thereof
and before further disturbing conditions affected thereby or
performing any Work in connection therewith (except in an
emergency as permitted by paragraph ,6.23), notify OWNER
and ENGINEER in writing about such condition. CONTRAC-
TOR shalD not further disturb such conditions or perform any
Work in connection therewith (except as aforesaid) until re-
ceipt of written order to do so.
4.2.4. ENGINF,ER's Review: ENGINEER will promptly
review the pertinent conditions, determine the necessity of
OWNER's obtaining additional exploration or tests with re-
spect thereto and advise OWNER in writing (with a copy to
CONTRACTOR) of ENGINEER's findings and conclusions.
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4.2.5. Possible Contract Documents Change: If ENGI-
NEER concludes that a change in the Contract Documents is
required as a result of a condition that meets one or more of the
categories in paragraph 4.2.3., a Work Change Directive or a
Change Order will be issued as provided in Article 10 to reflect
and document the consequences of such change.
4.2.6. Possible Price and Times Adjustments: An equitable
adjustment in the Contract Price or in the Contract Times, or
both, will be allowed to the extent that the existence of such
uncovered or revealed condition causes an increase or de-
crease in CONTRACTOR'S cost of, or time required for
performance of, the Work; subject, however, to the following:
4.2.6.1. such condition must meet any one or mare of the
categories described in paragraphs 4.2.3.1 through 4.2.3.4,
inclusive;
4.2.6.2. a change in the Contract Documents pursuant to
paragraph 4.2.5 will not be an automatic authorization of nor
a condition precedent to entitlement to any such adjustment;
4.2.6.3. with respect to Work that is paid for on a Unit
Price Basis, any adjustment in Contract Price will be subject
to the provisions of paragraphs 9.10 and 11.9; and
4.2.6.4. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Times if;
4.2.6.4.1. CONTRACTOR knew of the existence of
such conditions at, the time CONTRACTOR made a final
commitment to OWNER in respect of Contract Price and
Contract Times by the submission of a bid or becoming
bound under a negotiated contract; or
4.2.6.4.2. the existence of such condition could 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 CONTRACTOR'S making
such final commitment; or
4.2.6.4.3. CONTRACTOR failed to give the written
notice within the time and as required by paragraph 4.2.3.
If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract Times,
a claim may be made therefor as provided in Articles I 1 and 12.
However, OWNER, ENGINEER and ENGINEER'S Consult-
ants shall not be liable to CONTRACTOR for any claims,
costs, losses or damages sustained by CONTRACTOR on or in
connection with any other project or anticipated project..
4.3. Physical Conditions-Underground Facilities:
4.3.1. Shown or Indicated: The information and data shown
or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based on
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information and data furnished to OWNER or ENGINEER by
the. owners of such Underground Facilities or by others. Unless it
is otherwise expressly provided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be respon-
sible for the accuracy or completeness of any such informa-
tion or data; and
4.3.1.2. The cost of all of the following will be included in
the Contract Price and CONTRACTOR shall have full respon-
sibility for: (i) reviewing and checking all such information and
data, (ii) locating all Underground Facilities shown or indicated.
in the Contract Documents, (iii) coorclinatian of the Work with
the owners of such Underground facilities during construction,
and (iv) the safety and protection of alt such Underground
Facilities as provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
4.3.2. Not Shown or Indicated: If an Underground Facility
is uncovered or revealed at or contiguous to the site which was
not shown or indicated in the Contract Documents, CON-
TRACTOR shalt, promptly after becoming aware thereof and
before further disturbing conditions affected thereby or per-
forming any Work in connection therewith (except in an
emergency as required by paragraph 6.23), identify the owner
of such Underground Facility and give written notice to that
owner and to OWNER and ENGINEER. ENGINEER will
promptly review the Underground Facility and determine the
extent, if any, to which a change is required in the Contract
Documents to reflect and document the consequences of the
existence of the Underground Facility. If ENGINEER con-
cludes that a change in the Contract Documents is required, a
Work Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document such conse-
quences. During such time, CONTRACTOR shall be respon-
s%blefor the safety and protection of such Underground Facility
as provided in paragraph 6.20. CONTRACTOR shall be al-
lowed an increase in the Contract Price or an extension of the
Contract Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was not
shown or indicated in the Contract Documents and that CON-
TRACTOR did not .know of and could not reasonably have
been expected to be aware of or to have anticipated. If
OWNER and CONTRACTOR are unable to agree on entitle-
ment to or the amount or length of any such adjustment in
Contract Price or Contract Times, CONTRACTOR may make
a claim therefor as provided in Articles I 1 and 12, However,
OWNER, ENGINEER and ENGINEER'S Consultants shall
not be liable to CONTRACTOR for any claims, casts, losses or
damages incurred or sustained by CONTRACTOR on or in
connection with any other project or anticipated project.
Reference Points:
4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER'S
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for laying
out the Work, shall protect and preserve the established
reference points .and shall make no changes or relocations
without the prior written approva.[ of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be respon-
sible for the accurate replacement or relocation of such refer-
ence points by professionally qualified personnel.
4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio-
active Material:
4.5.1. OWNER shall be responsible for any Asbestos,
PCBs, Petroleum, Hazardous Waste or Radioactive Material
uncovered or revealed at the site which was not shown or
indicated in Drawings or Specifications or identified in the
Contract Documents to be within the scope of the Work and
which may present a substantial danger to persons or property
exposed thereto in connection with the Wark at the site.
OWNER shall not be responsible for any such materials
brought to the site by CONTRACTOR, Subcontractor, Suppli-
ers or anyone else for whom CONTRACTOR is responsible.
4.5.x. CONTRACTOR shall immediately: (i) stop all
Work in connection with such hazardous condition and in
any area affected thereby (except in an emergency as re-
quired by paragraph 6.23), and (ii) notify OWNER and
ENGINEER (and thereafter confirm such notice in writing).
OWNER shalt promptly consult with ENGINEER concern-
ing Che necessity for OWNER to retain a qualified expert to
evaluate such hazardous condition or take corrective action,
if any. CON'f-RACTOR shall not be required to resume Work
in connection with such hazardous condition or in any such
affected area until after OWNER has obtained any required
permits related thereto and delivered to CONTRAC'T'OR
special written notice: (i) specifying that such condition and
any affected area is or has been rendered safe for the
resumption of Work, or (ii) specifying any special conditions
under which such Work may be resumed safely. If OWNER
and CONTRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any, in Contract Price
or Contract Times as a result of such Work stoppage or such
special conditions under which Work is agreed by CON-
TRACTOR to be resumed, either party may make a claim
therefor as provided in Articles 11 and 12.
4.5.3. If after receipt of such special written notice
CONTRACTOR does not agree to resume such Work based
on a reasonable belief it is unsafe, or does not agree to
resume such Work under such special conditions, then
OWNER may order such portion of the Work that is in
connection with such hazardous condition or in such af-
fected area to be deleted from the Work. If OWNER and
CON"TRACTOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any, in Contract Price
or Contract Times as a result of deleting such portion of the
Work, then either party may make a claim therefor as
provided in Articles 11 and 12. OWNER may have such
deleted portion of the Work performed by OWNER'S own
forces or others in accordance with Article 7.
4.5.4. To the fullest extent permitted by Laws and Reg-
ulations, OWNER shall indemnify and hold harmless CON-
TRACTOR, Subcontractors, ENGINEER, ENGINEER's
19
Consultants and the officers, directors, employees, agents,
other consultants and subcontractors of each and any of
them from and against all claims, costs, losses and damages
arising out of or resulting from such hazardous condition,
provided that: (i) any such claim, cost, loss or damage is
attributable to bodily injury; sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work itself), including the loss of use resulting therefrom,
and (ii) nothing in this subparagraph 4.5.4 shall obligate
OWNER to indemnify any person or entity from and against
the consequences of that person's or entity's own negli-
gence.
4.5.5. The provisions of paragraphs 4.2 and 4.3 are not
intended to apply to Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material uncavered or revealed at the
site.
ARTICLE 5-BONDS AND INSURANCE
companies that are duly licensed or authorized in the juris-
diction in which the Project is located to issue Bands or
insurance policies for the Iimits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be pro-
vided in the Supplementary Conditions,
5.3.2. CONTRACTOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACTOR is required to
purchase and maintain in accordance with paragraph 5.4.
OWNER shall deliver to CONTRACTOR, with copies to
each additional insured identified i~n the Supplementary
Conditions, certificates of insurance (and other evidence of
insurance requested by CONTRACTOR or any other addi-
tional insured) which OWNER is required to purchase and
maintain in accordance with paragraphs 5.6 and 5.7 hereof.
COIVTRACTOIt's Liability Insurance:
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Performance, Payment and Other Bonds:
5.1. CONTRACTOR shall furnish Performance and Pay-
ment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
ail CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shag remain in effect at least until one
year after the date when final payment becomes due, except as
provided otherwise by Laws or Regulations or by the Contract
Documents. CONTRACTOR shall also furnish such other
Bonds as are required by the Supplementary Conditions. Ali
Bonds shall be in the form prescribed by the Contract Docu-
ments except as provided ®therwise by Laws or Regulations,
and- shall be executed by such sureties as are named in the
current list of "Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570 (amended}
by the Audit Staff, Bureau of Government Financial Opera-
tions, U.S. Treasury Department. All Bonds signed by an
agent must be accompanied by a certified copy of such agent's
authority to act.
5.2. If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right to
do business is terminated in any state where any part of the
Project is located or it ceases to meet the requirements of
paragraph 5.1, CONTRACTOR shall within ten days thereafter
substitute another Bond and surety, both of which must be
acceptable to OWNER.
5.3. Licensed Sureties and Insurers; Certificates of Insurance:
5.3.1. All Bonds and insurance required by the Contract
Documents to be purchased and maintained by OWNER or
CONTRACTOR shall be obtained from surety or insurance
20
5.4. CONTRACTOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being performed and furnished and as will provide protection
from claims set forth below which may arise out of or result
from CONTRA.CTOR's performance and furnishing of the
Work and CO'~TRACTOR's other obligations under the Con-
tract Docui~rnis, whether it is to be performed or furnished by
CONTRAC'T'OR, any Subcontractor or Supplier, or by anyone
directly or indirectly employed by any of them to perform or
furnish any of the Work, or by anyone far whose acts any of
them may be liable:
5.4.1. claims under workers' compensation, disability
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injury, oc-
cupational sickness or disease, or death of CONTRAC-
1'OR's employees;
5.4.3. claims for damages because of bodily injury, sick-
ness or disease, or death of any person other than CON-
TRACTOR'S employees;
5.4.4. claims for damages insured by customary personal
injury liability coverage which are sustained: (i) by any
person as a result of an offense directly or indirectly related
to the employment.of such person by CONTRACTOR, or (ii)
by any other person for any other reason;
5.4.5. claims for damages, other than to the Work itself,
because of injury to or destruction of tangible property
wherever located, including loss of use resulting therefrom;
and
5.4.6. claims fur 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.
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The policies of insurance so required by this paragraph 5.4 to
be purchased and maintained shall:
5.4.7. with respect to insurance required by paragraphs
5.4.3 through 5.4.6 inclusive, include as additional insureds
(subject to any customary exclusion in respect of profes-
sional liabiiity)OWNER, ENGINEER, ENGINEER'S Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, all of whom shall be listed as
additional insureds, and include coverage for the respective
officers and employees of all such additional insureds;
5:4.8. include the specific coverages and be written for
not less than the limits of liability provided in the Supple-
mentary Conditions or required by Laws or Regulations,
whichever is greater;
5.4.9. include completed operations insurance;
5.4.10. include contractual liability insurance covering
CONTRACTOR'S indemnity obligations under paragraphs
6.12, 6.16 and 6.31 through 6.33;
5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially changed
or renewal refused until at feast thirty days prior written
notice has beengiven to OWNER and CONTRACTOR and
to each other additional insured identified in the Supplemen-
tary Conditions to whom a certificate of insurance has been
issued (and the certificates of insurance furnished by the
CONTRACTOR pursuant to paragraph 5.3.2 will so pro-
vide);
5.4.12. remain in effect at least until final payment and at
all times thereafter when CONTRACTOR may be correct-
ing, removing or replacing defective Work in accordance
with paragraph 13.12; and
5.4.13. with respect to completed operations insurance,
and any insurance coverage written on a claims-made basis,
remain in effect for at least two years after final payment
(and CONTRACTOR shall furnish OWNER and each other
additional insured identified in the Supplementary Condi-
tions to whom a certificate of insurance has been issued
evidence satisfactory to OWNER and any such additional
insured of continuation of such insurance at final payment
and one year thereafter).
OWNER'S 3~ Insurance:
5.5. in addition. to the insurance required to be provided by
CONTRACTOR under paragraph 5.4, OWNER, at OWNER'S
option, may purchase and maintain at OV4'NER's expense
OWNER'S own liability insurance as will protect OWNER
against claims which may arise from operations under the
Contract Documents.
Properly Insurance:
5.6. Unless otherwise provided in the Supplementary Con-
ditions, OWNER shall purchase and maintain property insur-
ance upon the Work, at the site in the amount of the foil
replacement cost thereof (subject to such deductible amounts
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
5.6.1. include the interests of OWNER, CONTRAC-
TOR, Subcontractors, ENGINEER, ENGINEER'S Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured;
5.6.2. be written on a Builder's Risk "all-risk" or open
peril or special causes of loss policy force that shall at least
include insurance for physical loss or damage to the Work,
temporary buildings, falsework and Work in transit and shall
insure against at least the following perils fire, lightning,
extended coverage,'theft, vandalism and malicious mischief,
earthquake, collapse, debris remaval, demolition occasioned
by enforcement of Laws and Regulations, water damage,
and such other perils as may be specifically required by the
Supplementary Conditions;
5.6.3. include expenses incurred in the repair or replace-
ment of any insured property (including but not limited to
fees and charges of engineers and architects);
5.6.4. cover materials and equipment stored at the site or
at another location that was agreed to in writing by OWNER
prior to being incorporated in the Work, provided that such
materials and equipment have been included in an Applica-
tion far Payment recommended by ENGINEER; and
5.6.5. be maintained in effect until final payment is made
unless otherwise agreed to in writing by OWNER, CON-
TRACTOR and ENGINEER with thirty days written notice
to each other additional. insured to whom a certificate of
insurance has been issued.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of.OWNER,
CONTRACTOR, Subcontractors, ENGINEER, ENGiNEER's
Consultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shah be listed as an insured or
additional insured.
5.8. All the policies of insurance (and the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and 5.7
will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to OWNER and CONTRACTOR and to each other
additional insured to whom a certificate of insurance has been
issued and will contain waiver provisions in accordance with
paragraph 5.11.
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5.4. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests of
CONTRACTOR, Subcontractors or others in the Work to the
extent of any deductible amounts that are identified in the
Supplementary Conditions. The risk of loss within such iden-
tified deductible amount, will be borne by CONTRACTOR,
Subcontractor or others suffering any such loss and if any of
them wishes property insurance coverage within the limits of
such amounts, each may purchase and maintain it at the
purchaser's own expense.
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance policies
provided under paragraphs 5.6 or 5.7, OWNER shall, if possi-
ble, include such insurance, and the cost. thereof will be
charged to CONTRACTOR by appropriate Change Order o:-
Written Amendment. Prior to commencement of the Work at
the site, OWNER shall in writing advise CONTRACTOR
whether or not such other insurance has been procured by
OWNER.
5.11. Waiver o,~'Rights:
5.11.1. OWNER and CONTRACTOR intend that all
policies purchased in accordance with paragraphs 5.6 and
5.7 will protect OWNER, CONTRACTOR, Subcontractors,
ENGINEER, ENGINEER'S Consultants and all other per-
sons orentities identified in the Supplementary Conditions to
be listed as insureds or additional insureds in such policies
and wilt provide primary coverage for all losses and damages
caused by the perils covered thereby. All such policies shall
contain provisions to the effect that in the event of payment
of any loss or damage the insurers -will have no rights of
recovery against any of the insureds or additional insureds
thereunder. OWNER and CONTRACTOR waive all rights
against each other and their respective officers, directors,
employees and agents for all lasses and damages caused by,
arising out of or resulting from any of the perils covered by
such policies and any other property insurance applicable to
the Work; and, in addition, waive all such rights against
Subcontractors, ENGINEER, ENGINF.ER's Consultants
and all othee persons or entities identified in the Supplemen-
tary Conditions to be Listed as insureds or additional insureds
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
S.ll.2. In addition, OWNER waives alt rights against
CONTRACTOR, Subcontractors, ENGINEER, F.NGI-
NEER's Consultants and the officers, directors, employees
and agents of any of them, for:
5.11.2.1. loss due to business interruption, loss of use
or other consequential Loss extending beyond direct phys-
ical loss or damage to OWNER'S property or the Work
caused by, arising out of or resulting from fire or other
peril, whether oi• nat insured by OWNER; and
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5.11.2.2. loss or damage to the completed Praject or
part thereof caused by, arising out of or resulting from fire
or other insured peril covered by any property insurance
maintained on the completed Project or part thereof by
OWNER during partial utilization pursuant to paragraph
14.10, after substantial completion pursuant to paragraph
14.8 or after final payment pursuant to paragraph 14.13.
Any insurance policy maintained by OWNER covering any
loss, damage or consequential loss referred to in this paragraph
5.11.2 shall contain provisions to the effect that in the event of
payment of any such lass, damage or consequential loss the
insurers will have no rights of recovery against any of CON-
TRACTOR, Subcontractars,ENGINEER, ENGINEER'sCon-
sultants and the officers, directors, employees and agents of
any of them.
Receipt and Application of 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 far the
insureds, as their interests may appear, subject to the require-
ments of any applicable mortgage clause and of paragraph 5.13.
OWNER shall deposit in a separate account any money so
received, and shall distribute it in accordance with such agree-
ment asthe parties in interest may reach. If no other special
agreement is reached the damaged Wark shall be repaired or
replaced, the moneys so received applied on account thereof
and the Work and the cost thereof covered by an appropriate
Change Order or Written Amendment.
5.13. O~'N~.R as fiduciary shall have power to adjust and
settle any lass with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of toss to OWNER'S exercise of this power. If such
objection be made, OWNER as fiduciary shall make settlement
with the insurers in accordance with such agreement as the
parties in interest may reach. If no such agreement 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 performance of such duties.
Aeeepuanee of lionds and Insurance; Opiaon to Replace:
5.14. If either party (GWNER or CONTRACTOR) has any
objection to the coverage 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 of
non-conformance with the Contract Documents, the objecting
party shall so notify the other party in writing within ten days
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 all of the Bonds and
insurance required of such party by the Contract Documents,
such party shall notify the other party in writing of such failure
to purchase prior to the start of the Work, or of 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
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required fo provide such coverage, and a Change Order shall
be issued to adjust the Contract Price accordingly.
Partial Utilization Property Insurance:
S.TS. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Campletion
6f all the Work, such use or occupancy may be accomplished in
accordance with paragraph 14. T4; provided that no such use or.
occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in
writing effected any changes in coverage necessitated thereby.
The insurers providing the property insurance shall consent by
endorsement on the policy or policies, but the property insur-
anee shall not be cancelled or permitted to lapse an account of
any such partial use or occupancy.
ARTICLE fi---CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise, inspect and direct the
Work competently and efficiently, devoting such attention
thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the Con-
tract Documents. CONTRACTOR shall be solely responsible
for the means, methods, techniques, sequences and procedures
of construction, but CONTRACTOR shall not be responsible
for-the negligence of others in the design. or specification of a
specific means, method, technique, sequence or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR shall be
responsible to see that the completed Work complies accu-
rately with the Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent, who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRAC'TOR's representative at the
site and shall have authority to act on behalf of CONTRAC-
TOR. All cors~s5?r~:i4,ations to the superintendent shall be as
binding as if given to CONTRACTOR.
Labor, Materials and Equipment:
6.3. CONTRACTOR shall provide competent, suitably qual-
ified personnel to survey, lay out and construct the Work as
required by the Contract Documents. CONTRACTOR shall at
all times maintain good discipline and order at the site. Except
as otherwise required for the safety or protection of persons or
the Wark or property at the site or adjacent thereto, and except
as otherwise indicated in the Contract Documents, all Work at
the site shall be performed during regular working hours and
CONTRAC'T'OR will not permit overtime work or the perfor-
mance of Work on Saturday, Sunday or any legal holiday
without OWNER's written consent given afrer prior written
notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments, CONTRACTOR shall furnish and assume full respon-
sibility for all materials, equipment, labor, transportation, con-
struction equipment and machinery, tools, appliances, fuel,
power, light, heat, telephone, water, sanitary facilities, tempo-
rary facilities and all other facilities and incidentals necessary
for the furnishing, performance, testing, start-up and comple-
tion of the Work.
6S. All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract Docu-
ments. All warranties and guarantees specifically called for by
the Specifications shall expressly run to the benefit of OWNER.
If required by ENGINEER, CONTRACTOR shall furnish
satisfactory evidence (including reports of required tests} as to
the kind and quality of materials and equipment. All materials
and equipment shall be applied, installed, connected, erected,
used, cleaned and conditioned in accordance with instructions
of the applicable Supplier, except as otherwise provided in the
Contract. Documents.
Progress Scl~~r°cle:
6.6. CONTRACTOR shall adhere to the progress schedule
established in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRACTOR shall submit to ENGINEER far
acceptance (to the extent indicated in paragraph 2.9) pro-
posed adjustments in the progress schedule that will not
change the Contract Times (or Milestones}. Such adjust-
ments will conform generally to the progress schedule then
in effect and additionally will comply with any provisions of
the General Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall be
submitted m accordance with the requirements of paragraph
12.1. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Article 12.
6.7. Substitutes and "Or-Equal" Items:
6.7.1. Whenever an item of material or equipment is
specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to
establish the type, function and quality required. Unless the
specification or description contains or is followed by wards
reading that no like, equivalent or "or-equal" item or na
substitution is permitted, ether items of material or equip-
ment or material or equipment of other Suppliers may be
accepted by ENGINEER under the following circumstances;
23
6.7.1.1. "Or-Equal": If in ENGINEER'S sole discre-
tion an item of material or equipment proposed by CON-
TRACTOR is functionally- equal to that named and suffi-
ciently similar so that no change in related Work will be
required, it may be considered by ENGINEER as an
"or-equal" item, in which case review and approval of the
proposed item may, in ENGINEER's sole discretion, be
accomplished without compliance with some or all of the
requirements for acceptance of proposed substitute items.
6.7.1.2. Substitute Items: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR does not qualify as an "or-equal" item
under subparagraph 6.7.1.1, it will be considered a pro-
posed substitute item. CONTRACTOR shall submit suffi-
cientinformation as provided below to allow ENGINEER
to determine that the item of material or equipment
proposed is essentially equivalent to that named and an
acceptable substitute therefor. The procedure for review
by the ENGINEER will include the following as supple-
mented in the General Requirements and as ENGINEER
may decide is appropriate under the circumstances. Re-
quests for review of proposed substitute items of material
or equipment will not be accepted by ENGINEER from
anyone other than CONTRACTOR. If CONTRACTOR
wishes to furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make written appli-
cation to ENGINEER for acceptance thereof, certifying
that the proposed substitute will perform adequately the
functions and achieve the results called for by the general
design, be similar in substance to that specified and be
suited to the same use as that specified. The application
will state the extent, if any, to which the evaluation and
acceptance of the proposed substitute will prejudice CON-
TRACTOR's achievement of Substantial Completion on
time, whether or not acceptance of the substitute for use in
the Work will require a change in any of the Contract
Documents (or in the. provisions of any other direct
contract with OWNER for work on the Project) to adapt
the design to the proposed substitute and whether or not
incorporation or use of the substitute in connection with
the Work is subject to payment of any license fee ar
royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance, repair and replzcement service will be indi-
cated. The application will also contain an itemized esti-
mate of all costs or credits that will result directly or
indirectly from acceptance of such substitute, including
casts of redesign and claims of other contractors affected
by the resulting change, all of which will be considered by
ENGINEER in evaluating the proposed substitute. EN-
GINEER may require CONTRACTOR to furnish addi-
tional data about the proposed substitute. .
6.7.1.3. CQNTRAC'TOR's Expense: All data to be
provided by CONTRACTOR in support of any proposed
"or-equal" or substitute item wilt be at CONTRACTOR'S
expense.
6.7.2. Substitute Construction Methods or Procedures: If a
specific means, method, technique, sequence or procedure of
24
construction is shown or indicated in and expressly required by
the Contract Documents, CONTRACTOR may furnish or
utilize a substitute means, method, technique, sequence or
procedure of construction acceptable to ENGINEER. CON-
TRACTOR shall submit sufficient information to allow ENGI-
NEER, in ENGINEER'S sole discretion, to determine that the
substitute proposed is equivalent to that expressly called for by
the Contract Documents. The procedure for review by ENGI-
NEER will be similar to that provided in subparagraph 6.7.1.2.
6.7.3. Engineer's Evaluation: ENGINEER will be allowed
a reasonable time within which to evaluate each proposal or
submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2.
ENGINEER will be the sole judge of acceptability. No "or-
equal" or substitute will be ordered, installed or utilized
without ENGINEER'S prior written acceptance which will be
evidenced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to furnish at
CONTRACTOR's expense a special performance guarantee or
other surety with respect to any "or-equal" or substitute.
ENGINEER will record time required by ENGINEER and
ENGINEER'S Consultants in evaluating substitutes proposed
or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2
and 6.7.2 and in making changes in the Contract Documents (or
in the provisions of any other direct contract with OWNER for
work on the Project) occasioned thereby. Whether or not
ENGINEER accepts a substitute item so proposed or submit-
ted by CONTRACTOR, CONTRACTOR shall reimburse
OWNER for the charges of ENGINEER and ENGINEI:R's
Consultants for evaluating each such proposed substitute item.
Concerr~airg Subcontractors, Suppliers csnd Others:
6.8.1. CONTRACTOR shalt not employ any Subcon-
tractor, Supplier or other person or organization (including
those acceptable to OWNER and ENGINEER as indicated
in paragraph 6.8.2), whether initially or as a substitute,
against whom OWNER or ENGINEER nay have reason-
able objection. CONTRACTOR shall not be required to
employ any Subcontractor, Supplier or other person or
organization to furnish or perform any of the Work against
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the iden-
tity of certain Subcontractors, Suppliers or other persons or
organizations (including those who are 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 written objection thereto by the
date indicated for acceptance or abjection in the bidding
documents or the Contract Documents) of any such Subcon-
tractor, Supplier or other person or organization so identified
may be revoked on the basis of reasonable objection after
due investigation, in which case CONTRACTOR shall sub-
mit an acceptable substitute, the Contract Price will be
adjusted by the difference in the cost occasioned by such
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substitution and an appropriate Change Order will be issued
or Written Amendment signed. No acceptance by OWNER
or ENGINEER of any such Subcontractor, Supplier or other
person or organization shall constitute a waiver of any right
of OWNER or ENGINEER to reject defective Work.
69.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER far all acts and omissions of the
Subcontractors, Suppliers and other persons and organiza-
tions performing or furnishing any of the Work under a direct
or indirect contract with CONTRACTOR just as CON-
TRACTOR is responsible for CONTRACTOR's own acts
and omissions. Nothing in the Contract Documents shall
create far the benefit of any such Subcontractor, Supplier or
other person or organization any contractual relationship
between OWNER or ENGINEER and any such Subcon-
tractor, Supplier or other person or organization, nor shall it
create any obligation on the part of OWNER or ENGI-
NEER to pay or to see to the payment of any moneys due
any such Subcontractor, Supplier or other person or organi-
zation except as may otherwise be required by Laws and
Regulations.
6.9.2. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR. CONTRACTOR shall require all Sub-
contractors, Suppliers and such other persons and organiza-
tions performing or famishing any of the Work to communi-
cate with the ENGINEER through CONTRACTOR.
b.lt}. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
contractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or
Supplier which specifically binds the Subcontractor or Supplier
to the applicable terms and conditions of the Contract Docu-
mentsfor the benefit of OWNER and ENGINEER. Whenever
any such agreement is with a Subcontractor or Supplier who is
listed as an additional insured on the property insurance
provided in paragraph 5.6 or 5.7, the agreement between the
CONTRACTOR and the Subcontractor or Supplier will con-
tain provisions whereby the Subcontractor or Supplier waives
ail rights against OWNER, CONTRACTOR, ENGINEER,
ENGINEER'S Consultants and all otheradditionalinsureds for
all losses and damages caused by, arising out of or resulting
from any of the perils covered by such policies and any other
property insurance applicable to the Work. If the insurers on
any such policies require separate waiver forms to be signed by
any Subcontractor or Supplier, CONTRACTOR will obtain the
same.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and royal-
tiesand assume all costs incident to the use in the performance
of the Work or the incorporation in the Work of any invention,
design, process, product or device which is the subject of
patent rights or copyrights held by others. If a particular
invention, design; process, product or device is specified in the
Contract Documents for use in the performance of the Work
and if to the actual knowledge of OWNER or ENGINEER its
use is subject to patent rights or copyrights calling for the
payment of any license fee or royalty to others, the existence of
such rights shall be disclosed by OWNER in the Contract
Documents. To the fullest extent permitted by Laws and
Regulations, CONTRACTOR shall indemnify and hold harm-
less OWNER, ENGINEER, ENGINEER's Consultants and
the officers, directors, employees, agents and other consultants
of each and any of them from and against all claims, casts,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the use in
the performance of the Work or resulting from the incorpora-
tion in the Work of any invention, design, process, product or
device not specified in the Contract Documents.
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. Oy~rNER shall assist CON-
TRACTOR, when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work,
which are applicable at the time of opening of Bids, or, if there
are na Bidds, on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for connec-
tions to the Work, and OWNER shall pay al{ charges of such
utility owners for capital costs related thereto such as plant
im~estment fees.
Laws and Regulations:
b.14.1. CONTRACTOR shat[ give all notices and comply
with all Laws and Regulations applicable to furnishing and
performance of the Work. Except where otherwise expressly
required by applicable Laws and Regulations, neither OWNER
nor ENGINEER shall be responsible for monitoring CON-
TRACTOR'S compliance with any Laws or Regulations:
b.14.2. If CONTRACTOR performs any Work knowing
or having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear a19 claims, costs,
losses and damages caused by, arising out of or resulting
therefrom; however, it shall not be CONTRACTOR'S pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with Laws and Reputations,
but this shall not relieve CONTRACTOR of CONTRAC-
TOR's obligations under paragraph 3.3.2.
Taxes:
6.15. CONTRACTOR shalt pay all sales, consumer, use
and other similar taxes required to be paid by CONTRACTOR
in accordance with the.. Laws and Regulations of the place of
25
the Project which are applicable during the performance of the
Work.
Use of Premises:
b.ib. CONTRACTOR shall confine construction equip-
ment, the storage of matera~s and equipment and the opera-
tions of workers to the site and land and areas identified in and
permitted by the Contract Documents and other Land and areas
permitted by Laws and Regulations, rights-of--way, permits and
easements, and shall not unreasonably encumber the premises
with construction equipment or other materials or equipment.
CONTRACTOR shall assume full responsibility for any 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 performance of the
Work, CONTRACTOR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by arbitra-
tion or other dispute resolution preeeeding or at law. CON-
TRACTOR shall, to the fullest extent permitted by Laws and
Regulations, indemnify and hold harmless OWNER, ENGI-
NEER, ENGINEER'S Consultant and anyone direct}y 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 caaised by or based upon
CONTRACTOR'S performance of the Work.
b.17. During the progress of the Work, CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work. At
the completion of the Work CONTRACTOR shall remove all
waste materials, rubbish and debris from and about the pre-
mises as welt as all tools, appliances, construction equipment
and machinery and surplus materials. CONTRACTOR shall
leave the site clean and ready for occupancy by OWNER at
Substantial Completion of the Work. CONTRAC'T'OR shall
restore to original condition all property not designated for
alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part of
any structure to be loaded in any manner that will endanger the
structure, nor shall CONTRACTOR subject any part of the
Work or adjacent property to stresses or pressures that will
endanger it.
Record Documents:
6.19. CONTRACTOR shall maintain in a safe place at the
site ane record copy of all Drawings, Specifications, Addenda,
Written Amendments, Change Orders, Work Change Direc-
tives, Field Orders and written interpretations and clarifica-
tions (issued pursuant to paragraph 9.4) in good order and
annotated to show all changes made during construction.
These record documents together with all approved Samples
and a counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion of
26
the Work, these record documents, Samples and Shop Draw-
ings wi1P be delivered to ENGINEER for OWNER.
Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating,
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shalt take
all necessary precautions for the safety of, and shall provide
the necessary protection to prevent damage, injury or loss to:
6:20.1, all persons on the Work site or who may be
affected by the Work;
620.2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the site;
and
b.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 replacement in the course of
construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for safety of
persons or property or to protect them from damage, injury or
loss; and shall erect and maintain all necessary safeguards for
such safety an€: tirnteciion. CONTRACTOR shall notify own-
ers of adjacent property and of Undergraund Facilities and
utility owners when prosecution of the Work may affect them,
and shall cooperate with them in the protection, removal,
relocation and replacement of their property. All damage,
injury or lass to any property referred to in paragraph 6.20.2 or
6.20.3 caused, directly or indirectly, in whole or in part, by
CONTRACTOR, any Subcontractor, Supplier or any other
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, shall be remedied by
CONTRACTOR (except damage or loss attributable to the
fault of Drawings or Specifications or to the acts. or omissions
of OWNER or ENGINEER or ENGINEER's Consultant or
anyone employed by any of them or anyone for whose acts any
of them may be Liable, and not attributable, directly or indi-
rectly, in whole or in part, to. the fault or negligence of
CONTRACTOR ar any Subcontractor, Supplier or other per-
son or organization directly or indirectly employed by any of
them). CONTRACT'OR's duties and responsibilities for safety
and for protection of the Work shall continue until such time as
all the Work is completed and ENGINEER has issued a notice
to OWNER and CONTRACTOR in accordance with para-
graph 14.13 that the Wark is acceptable (except as otherwise
expressly provided in connection with Substantial Comple-
tion).
Safety Representative:
6.2L CONTRACTOR shall designate a qualified and expe-
rienced safety representative at the site whose duties and
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responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and pro-
grams.
Hazard Communication Programs:
' b.22. CONTRACTOR shall be responsible for coordinating
any exchange of material safety data sheets or other hazard
communicatian information required to be made available to or
exchanged between or among employers at the site in accor-
dance with Laws or Regulations.
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Emergencies:
6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACTOR, without special instruction or au-
thorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss. CON-
TRACTOR shall give ENGINEER prompt written notice if
CONTRACTOR believes that any significant changes in the
Work or variations from the Contract Documents have been
caused thereby. If ENGINEER determines that a change in
the Contract Documents is required because of the action
taken by CONTRACTOR in response to such an emergency,
a Work Change Directive or Change Order will be issued to
document the consequences of such action.
6.24. Shop Drawings and Samples:
6.24.1. CONTRACTOR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawings and Sample submittals
(see paragraph 2.9). All submittals will be identified as
ENGINEER may require and in the number of copies
specified in the General Requirements. The data shown on
the Shop Drawings will be complete with respect to quanti-
ties, dimensions, specified performance and design criteria,
materials and similar data to show ENGINEER the materi-
alsand equipment CONTRAC'IbR proposes to provide and
to enable ENGINEER to review the information for the
limited purposes required by paragraph 6.26.
b.24.2. CONTRACTOR shall also submit Samples to
ENGINEER for review and approval in accordance with
said accepted schedule of Shop Drawings and Sample sub-
mittals. Each Sample will be identified clearly as to material,
Supplier, pertinent data such as catalog numbers and the use
for which intended and otherwise as ENGINEER may
require to enable ENGINEER to review the submittal for
the Limited purposes required by paragraph 6.2b. The num-
bers of each Sample to be submitted will be as specified in
the Specifications.
6.25. Submittal Procedures:
5.25.1. Before submitting each Shop Drawing or Sam-
ple, CONTRACTOR shall have determined and verified:
6.25.1.1. all field measurements, quantities,- dimen-
sions, specified performance criteria, installation require-
ments, materials, catalog numbers and similar information
with respect thereto,
b.25.1.2. all materials with respect to intended use,
fabrication, shipping, handling, storage, assembly and
installation pertaining to the performance ofthe Work, and
6.25.1.2. all information relative to CONTRACTOR'S
sole responsibilities in respect of means, methods, tech-
niques, sequences and procedures of construction and
safety precautions and programs incident thereto..
CONTRACTOR shall also have reviewed and coordinated
each Shop Drawing or Sample with other Shop Drawings
and Samples and with the requirements of the Work and the
Contract Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRACTOR has satisfied CON-
TRACTOR'S obligations under the Contact Documents with
respect to CONTRACTOR'S review and approval of that
submittal.
6.25.3. At the time of each submission, CONTRACTOR
shalt give ENGINEER specific written notice of such vari-
ations, if any, that the Shop Drawing or Sample submitted
may have r om the requirements of the Contract Documents,
such notice:, to be in a written communication separate from
the submittal; and, in addition, shall cause a specific notation
to be made on each Shop Drawing and Sample submitted to
ENGINEER for review and approval of each such variation.
6.26. ENGINEER will review and approve Shop Drawings
and Samples in accordance .with the schedule of Shop Draw-
ings and Sample submittals accepted by ENGINEER as re-
quired by paragraph 2.9. ENGINEER's review and approval
will be only to determine if the items covered by the submittals
will, after installation or incorporation in the Work, conform to
the information given in the Contract Documents and be
compatible with the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER'S review and approval will not extend to means,
methods, techniques, sequences or procedures of construction
(except where a particular means, method, technique, se-
quence or procedure of construction is specifically and ex-
pressly called for by the Contract Documents) or to safety
precautions or programs incident thereto. The review and
approval of a separate item as such wi]I not indicate. approval of
the assembly in which the item functians. CONTRACTOR
shall make corrections required by ENGINEER, and shall
return the required number of corrected copies of Shop Draw-
ings and submit as required new Samples for review and
approval. CONTRACTOR shall direct specific attention in
writing to revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER'S review and approval of Shop Draw-
ings or Samples shall not relieve CONTRACTOR from respon-
sibility for any variation from the requirements of the Contract
27
Documents unless CONTRACTOR has in writing called EN-
GINEER's attention to each such variation at the time of
submission as required by paragraph 6.25.3 and ENGINEER
has given written approval of each such variation by specific
written notation thereof incorporated in or accompanying the
Shop Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRACTOR from responsibility for
complying with the requirements of paragraph 6.25.1.
6.28. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submissions accepted by ENGINEER as required by
paragraph 2.9, any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submittal will be
at the sole expense and responsibility of CONTRACTOR.
Continuing the Work:
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Wark shall be delayed or postponed pend-
ing resolution of any disputes oe• disagreements, except as
permitted by paragraph 15.5 or as OWNER and CONTRAC-
TOR may otherwise agree in writing.
6.30. CONTRAC7IDR's General Warranty and Guarantee:
6.30.1. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEER'S Consultants that
ail Work will be in accordance with the Contract Documents
and will not be defective. CONTRACTOR's warranty and
guarantee hereunder excludes defects or damage caused by:
6.30.1.1. abuse, modification or improper maintenance
or operation by persons other than CONTRACTOR, Sub-
contractors or Suppliers; or
6.30.1.2. normal wear and tear under normal usage.
6.30.2. CONTRACTOR'S obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. None of the. following wilt constitute an
acceptance of Work that is not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.3. recommendation of any progress or final
payment by ENGINEER;
6.30.2.3. the issuance of a certificate of Substantial
Completion or any payment by OWNER to CONTRAC-
TOR under the Contract Documents;
6.30.2.4. use or occupancy of the Work or any part
thereof by OWNER;
28
6.30.2.5. any acceptance by OWNER or any failure to
do so;
b.30.2.b. any review and approval of a Shop Drawing
or Sample submittal or the issuance of a notice of accept-
ability by ENGINEER pursuant to paragraph 14.13;
6.30.2.'1. any inspection, test or approval by others; or
6.30.2.8. any correction of detective Work by OWNER.
dndemnification:
6.31. To the fullest extent permitted 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 of
each and any of them from and against all claims, costs, losses
and damages (including but not limited to all fees and charges
of engineers, architects, attorneys and other professionals and
all court or arbitration or other dispute resolution costs] caused
by, arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage: (i} is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work itself), including the foss 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 .~~•~anization directly or indirectly employed by
any of them to perform or furnish any of the Work or anyone
for whose acts any of them may be liable, regardless of whether
or not carried in part by any negligence or omission of a person
ar 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. 1n any and all claims against OWNER or ENGI-
NEER or any of their respective consultants, agents, officers,
directors or employees by any employee (or the survivor or
personal representative of such employee) of CONTRACTOR,
any Subcontractor, any Supplier, any person, or organization
directly or indirectly employed by any of them to perform or
furnish any of the Work, or anyone for whose acts any of them
may be liable, the indemnification obligation under paragraph
6.31 shall not be limited in any way by any linutation on the
amount or type of damages, compensation or benefits payable
by or for CONTRACTOR or any such Subcontractor, Supplier
or other person or organization under workers' compensation
acts, disability benefit acts or other employee benefit acts.
6.33. The indemnification obligations of CONTRACTOR
under paragraph 6.31 shall not extend to the liability of ENGI-
NEER and ENGINEER'S Consultants, officers, directors,
employees ar agents caused by the professional negligence,
errors or emissions of any of them.
Survival of Obligations:
b.34. All representations, indemnifications, warranties and
guarantees made in, required by or given in accordance with
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the Contract Documents, as wet( as all continuing obligations
indicated. in the Contract Documents, will survive final pay-
ment, completion and acceptance of the Work and termination
or completion of the Agreement.
ARTICLE 7--C7THER WORK
Related Work at Sile:
7.1. OWNER may perform other work related to the
Praject at the site by OWNER's own forces, or let other
direct contracts therefor which shalt contain General Condi-
tions similar to these, or have other work performed by
utility owners. df the fact that such other work is to be
performed was not noted in the Contract Documents, then:
(i} written notice thereof wilt be given to CONTRACTOR
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.
7.2. CONTRACTOR shall afford each other contractor
who is a party to such a dared contract and each utility
owner (and OWNER, if OWNER is performing the addi-
tional work with OWNER's employees) proper and safe
access to the site and a reasonable opportunity far the
introduction and storage of materials and equipment and the
execution of such other work and shalt properly connect and
coordinate the -Work with theirs. Unless otherwise provided
in the Contract Documents, CONTRACTOR shall do all
cutting, fitting and patching of the Work that may be required
to make its several parts come together properly and inte-
grate with such other work: CONTRACTOR shall not en-
danger any work of others by cutting, excavating or other-
wise altering their work and will only cut or alter their work
with the written consent of ENGINEER and the others
whose work will be affected. The duties and responsibilities
of CONTRACTOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of CON-
TRACTOR in said direct contracts between OWNER and
such utility owners and other contractors.
7.3. If the. proper execution or results of any part of
CONTRACTOR'S Work depends upon work performed by
others under this Article 7, CONTRACTOR shall inspect such
other work and promptly report to ENGINEER in writing any
delays, defects or deficiencies in such ather work that render it
unavailable or unsuitable far the proper execution and results
of CONTRACTOR'S Work. CONTRACTOR'S failure so to
report will constitute an acceptance of such other work as fit
and proper far integration with CONTRACTOR'S Work except
for latent or nonapparent defects and deficiencies in such other
wark.
Coordination:
7.4. If OWNER contracts with others for the performance
of ether work on the Project at the site, the following will be set
forth in Supplementary Conditions:
7.4.1. the person, firm or corporation who will have
authority and responsibility for coordination of the activities
among the various prime contractors will be identified;
7.4.2. the specific matters to be covered by such author-
ity and responsibility will be itemized; and
7.4.3. the extent of such authority and responsibilities
will be provided.
Unless otherwise provided in the .Supplementary Condi-
tions, OWNER shall have sole authority and responsibility in
respect of such coordination.
ARTICLE 8-OWNER'S RESPONSIEILITIES
8.1. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to CONTRAC-
TOR through ENGINEER.
8.2. In cave of termination of the employment of ENGI-
NEER, O'y~~i~;ER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
ENGi~iEER.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shalt make pay-
ments to CONTRACTOR promptly when they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish ref-
erence points are set forth in paragraphs 4.1 and 4.4. Paragraph
4.2 refers to OWNER's identifying and making available to
CONTRACTOR copies of reports of explorations and_tests of
subsurface conditions at the site and drawings of physical
wnditions in existing structures at or contiguous to the site that
have been utilized by ENGINEER in preparing the Contract
Documents.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance ace set forth in
paragraphs 5.5 through 5.10.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain inspec-
tions, tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER'S right to stop Work or
suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2
deals with OWNER'S right to terminate services of CON-
TRACTOR under certain circumstances.
29
8.9, The OWNER shall not supervise, direct or have
control or authority over, nor be responsible for, CONTRAC-
TOR's means, methods, techniques, sequences or procedures
of construction or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with
Laws and Regulations applicable to the furnishing or perfor-
mance of the Work. OWNER will not be responsible far
CONTRACTOR's failure to perform or furnish the Work in
accordance with the Contract Documents.
8.10. OWNER'S responsibility in respect of undisclosed
Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive
Materials uncovered or revealed at the site is set forth in
paragraph 4.5.
8.11. If and to the extent OWNER has agreed to furnish
CONTRACTOR reasanable evidence that financial arrange-
ments have been made to satisfy OWNER's obligations under
the Contract Documents, OWNER's responsibility in respect
thereof will be as set forth in the Supplementary Conditions.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
OWNER'S Representative:
9.1. ENGINEER will be OWNER's representative during
the construction period. The duties and responsibilities and the
limitations of authority of ENGINEER as OWNER's repre-
sentative during construction are set forth in the Contract
Documents and shall not be extended without written consent
of OWNER and ENGINEER.
Visits to Site:
9,2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction as ENGI-
NEER deems necessary in order to observe as an experienced
and qualified design professional the progress that .has been
made and the quality of the various aspects of CONTRAC-
TOR'S executed Work. Based on information obtained during
such visits and observations, ENGINEER will endeavor for
the benefit of OWNER to determine, in general, if the Work is
proceeding in accordance with the Contract Documents. EN-
GINEER will nit be required to make exhaustive or continu-
ous on-site inspections to check the quality or quantity of the
Work. ENGINEER'S efforts will be directed toward providing
for OWNER a greater degree of confidence that the completed
Work will conform generally to the Contract Documents. On
the basis of such visits and on-site observations, ENGINEER
will keep OWNER informed of the progress of the Work and
will endeavor to guard. OWNER against defective Work. EN-
GINEER'S visits and on-site observations are subject to all the
limitations on ENGINEEK's authority and responsibility set
forth in paragraph 9.13, and particularly, but without limitation,
during or as a result of ENGINEER'S on-site visits or
3Q
observations of CONTRACTOR's Work ENGINEER will not
supervise, direct, control or have authority over or be respon-
sible for CONTRACTOR's means, methods, techniques, se-
quences or procedures of construction, or the safety precau-
tions and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of the Work.
Project Representative:
9.3. If OWNER and ENGINEER agree, ENGINEER wi16
furnish a Resident Project Representative to assist ENGI-
NEER in providing more continuous observation of the Work.
The responsibilities and authority and limitations thereon of
any such Resident Project Representative and assistants will be
as provided in paragraph 9.13 and in the Supplementary
Conditions. If OWNER designates another representative or
agent to represent OWNER at the site who is not ENGI-
NEER'S Consultant, agent or emplayee, the responsibilities
and authority and limitations thereon of such other person will
be as provided in the Supplementary Conditions.
Clariftcations and Interpretations:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents (in the form of Drawings or
otherwise} ~,~; t';IvGINEER may determine necessary, which
shall be eon:~istent with the intent of and reasonably inferable
from Contract Documents. Such written clarifications and
interpretations will be binding on OWNER and CONTRAC-
TOR. If OWNER or CONTRACTOR believes that a written
clarification or interpretation justifies an adjustment in the
Contract Price or the Contract Times and the parties are unable
to agree to the amount or extent thereof, if any, OWNER or
CONTRACTOR may make a written claim therefor as pro-
vided in Article l 1 or Article 12.
Authorized Yardations in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Times and are compatible with the design concept of
the completed Project as a functioning whole as indicated by
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER and also on
CONTRACTOR who shall perform the Work involved promptty.
If OWNER or CONTRACTOR believes that a Field Order
justifies an adjustment in the Contract Price or the Contract
Times and the parties are unable to agree as to the amount or
extent thereof, OWNER or CONTRAC'POR may make a
written claim therefor as provided in Article l l or I2.
Rejecting Defective Work:
9.5. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, or
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that ENGINEER believes will not produce a completed Project
that conforms to the Contract Documents or that will prejudice
the. integrity of the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER will also have authority to require special inspec-
tion or testing of the Work as provided in paragraph 13.9,
whether or not the Work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
9.7. to connection with ENGINEER'S authority as to
Shop Drawings and Samples, see paragraphs 6.24 through 6.28
inclusive.
9.8. In connection with ENGINEER'S authority as to
Change Orders, see Articles ld, 11, and 12.
9.9. In connection with ENGINEER'S authority as to
Applications for Payment, see Article 14.
Determinations for Unit Prices:
9.10. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by CONTRAC-
TOR. ENGINEER will review with CONTRACTOR the EN-
GINEER's preliminary determinations on such matters before
rendering a written decision thereon (by recommendation of an
Application for Payment or otherwise). ENGINEER'S written
decision thereon will be final and binding upon OWNER and
CONTRACTOR, unless, within ten days after the date of any
such decision, either OWNER or CONTRACTOR delivers to
the other and to ENGINEER written notice of intention to
appeal from ENGINEER'S decision and: (i) an appeal from
ENGINEER'S decision is taken within the time limits and in
accordance with the procedures set forth in Exhibit GC-A,
"Dispute Resolution Agreement," entered into between
OWNER and CONTRACTOR pursuant to Article 16, or (ii) if
no such Dispute Resolution Agreement has been entered into,
a formal proceeding is instituted by the appealing party in a
forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to
ENGINEER's decision, unless otherwise agreed in writing by
OWNER and CONTRACTOR. Such appeal will not be subject
to the procedures of paragraph 9.11.
Decisaons on Disprctes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of tfie Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
Claims under Articles I I and 12 in respect of changes in the
Contract Price or Contract Times will be referred initially to
ENGINEER in writing with a request for a formal decision in
accordance with this paragraph. Written notice of each such
claim, dispute or other matter will be delivered by the claimant
31
to ENGINEER and the other party to the Agreement promptly
(hut in no event later than thirty days) after the start of the
occurrence or event giving rise thereto, and written supporting
data will be submitted to ENGINEER and the other party
within sixty days after the start of such occurrence or event
unless ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support of
such claim, dispute or other matter. The opposing party shall
submit any response to ENGINEER and the claimant. within
thirty days after receipt of the claimant's last submittal (unless
ENGINEER allows additional time). ENGINEER will render
a formal decision in writing within thirty days after receipt of
the opposing party's submittal, if any, in accordance with this
paragraph. ENGINEER'S written decision on such claim,
dispute or other matter will be final and binding upon OWNER
and CONTRACTOR unless: (i) an appeal from ENGINEER'S
decision is taken within the time limits and in accordance with
the procedures set forth in EXHIBIT GC-A, "Dispute Reso-
lution Agreement," enteredinto between OWNERand CON-
TRACTOR pursuant to Article lb, or (ii) if no such Dispute
Resolution Agreement has been entered into, a written notice
of intention to appeal from ENGINEER'S written decision is
delivered by OWNER or CONTRACTOR to the other and to
ENGINEER within thirty days after the date of such decision
and a formal proceeding is instituted by the appealing party in
a forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to such
claim, dispute or other matter in accordance with applicable
Laws and regulations within sixty days of the date of such
decision. unless otherwise agreed in writing by OWNER and
coNTRACTOR.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9,11, ENGINEER will not show partiality
to OWNER or CONTRACTOR and wilt not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 or 9.I 1 with respect
to any such claim, dispute or other matter (except any which
have been waived by the making or acceptance of final
payment as provided in paragraph 14.15) will be a condition
precedent to any exercise by OWNER or CONTRACTOR of
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any such claim, dispute or other matter pursuant to Article I6.
9.13. dimitations Un ENGINEER'S ttuthvrtty and Responsibilities:
9.13.1. Neither ENGINEER'S authority or responsibil-
ity under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority
or responsibility or the undertaking, exercise or performance
of any authority or responsibility by ENGINEER shall
create, impose or give rise to any duty owed by ENGINEER
to CONTRACTOR, any Subcontractor, any Supplier, any
other person or organization, or to any surety for or em-
ployee ar agent of any of them.
9.13.2. ENGINEER will not supervise, direct, control
or have authority over or be responsible for CONTRAC-
TOR's means, methods, techniques, sequences or proce-
dures of construction, or the safety precautions and pro-
grams incident thereto, or for any failure of CONTRACTOR
to comply with Laws and Regulations applicable to the
furnishing or performance of the Work. ENGINEER will not
be responsible for CONTRACTOR'S failure to perform or
furnish the Work in accordance with the Contract Docu-
ments.
19.13.3. ENGINEER will not be responsible for the acts
or omissions of CONTRACTOR or of any Subcontractor,
any Supplier, or of any other person or organization perform-
ing or furnishing any of the Work.
9.13.4. ENGINEER'S review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules, guarantees,
bonds and certificates of inspection, tests and approvals and
Other documentation required to be delivered by paragraph
14.12 will only be to determine generally that their content
complies with the requirements of, and in the case of
certificates of inspections, tests and approvals that the
results certified indicate compliance with, the Contract Doc-
uments.
9.13.5. The limitations upon authority and responsibility
set forth in this paragraph 9.13 shall also apply to ENGI-
NEER'S Consuhants, Resident Project Representative and
assistants.
ARTICLE 1(}-CHANGES IN THE WORK
10.4. OWNER and CONTRACTOR shall execute appro-
priate Change Orders recommended by ENGINEER (or Writ-
ten Amendments) covering:
]0.4.1. changes in the Work which are (i) ordered by
OWNER pursuant to paragraph I0. i, (ii) required because of
acceptance of defective Work under paragraph 13.13 or
correcting defective Work under paragraph 13.14, or {iii)
agreed to by the parties;
10.4.2. changes in the Contract Price or Contract fiimes
which are agreed to by the parties; and
10.4.3. changes in the Contract Price or Contract Times
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9.11;
provided that, in lieu of executing any such Change Order, an
appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal, CON-
TRACTOR shall carry on the Work and adhere to the progress
schedule as provided in paragraph 6.29.
10.5. if notice of any change affecting the general scope of
the Work or the provisions of the Contract Documents (includ-
ing, but not limited to, Contract Price or Contract Times) is
required by the provisions of any Bond to be given to a surety,
the giving of any such notice wil! be CONTRACTOR'S respon-
sibility, and the amount of each applicable Bond will be
adjusted accordingly.
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
to time, order additions, deletions or revisions in the Work.
Such additions, deletions or revisions wilt be authorized by
a Written Amendment, a Change Order, or a i'Vork Change
Directive. Upon receipt of any such document, CONTRAC-
TOR shall promptly proceed with the Work involved which
will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically pro-
vided).
10,2. If OWI~ ER and CONTRACTOR are unable to agree
as tothe extent, if any, of an adjustment in the Contract Price
or an adjustment of the Contract Times that should be allowed
as a result of a Work Change Directive, a claim may be made
therefor as provided in Article 11 or Article 12.
10.3. CONTRACTOR shalt not be entitled to an increase in
the Contract Price or an extension of the Contract Times with
respect to any Work performed that is not required by the
Contract Documents as amended, modified and supplemented
as provided in paragraphs 3.5 and 3.6 except in the case of an
emergency as provided in paragraph 6.23 or in the case of
uncovering Work as provided in paragraph 13.9.
32
AR1`ICLE I i--CHANGE OF CONTRACT PRICE
21.1. The Contract Price constitutes the total compensa-
tion (subject to authorized adjustments} payable to CON-
TRACTOR for performing the Work. All duties, responsibili-
tiesand obtigationsassigned to arundertaken byCONTRACTOR
shall be at CONTRACTOR'S expense without change in the
Contract Price.
11.2. 'The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim far an adjust-
ment in the Contract Price shall be based on written notice
delivered by the party making the claim to the other party and
to ENGINEER promptly {but in no evert later than thirty
days) after the start of the occurrence ar event giving rise to the
claim and stating the general nature of the ciairn. Notice of the
amount of the claim with supporting data shall be delivered
within sixty days after the stark of such occurrence or event
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that
the adjustment claimed covers all known amounts to which the
claimant is entitled as a result of said occurrence or event. All
claims for adjustment in the Contract Frice shall be determined
by ENGINEER in accordance with paragraph 9.11 if OWNER
and CONTRACTOR cannot otherwise agree on the amount
involved. No claim far an adjustment in the Contract Price will
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be valid if rtot submitted in accordance with this paragraph
11.2.
11.3. The value of any Work covered by a Change Order ar
of any claim for an adjustment in the Contract Price will be
determined as follows:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents, by application
of such unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1 through
11.9.3, inclusive);
11.3.2. where the Work involved is not covered by unit
prices contained in the Contract Documents, by a mutually
agreed lump sum (which may include an allowance for
overhead and profit not necessarily in accordance with
paragraph 11.6.2);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agreement
to a lump sum is not reached under paragraph 11.3.2, on the
basis of the Cast of the Work (determined as provided in
paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for
overhead and profit (determined as provided in paragraph
I P .6).
Cost of the Work:
11.4. The term Cost of the Work means the sum of all costs
necessarily incurred and paid by CONTRACTOR in the proper
performance of the Work. Except as otherwise may be agreed
to in writing by OWNER, such costs shall be in amounts no
higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the
costs itemized in paragraph 11.5:
i 1.4.1. Payroll costs for employees in the direct employ
of CON"fRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER and
CONTRACTOR. Such employees shall include without lim-
itation superintendents, foremen and other personnel em-
ployed full- time at the site. Payroll casts for employees not
employed full time on the Wark shall be apportioned on the
basis of their time spent on the Work. Payroll costs shall
include, but not be limited to, salaries and wages plus the
cost of frsnge benefits which shall include social security
contributians, unemployment, excise and payroll taxes, work-
ers' compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay applicable thereto. The
expenses of performing Work after regular working hours,
an Saturday, Sunday or legal holidays, shall be included in
the above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and
incorporated in the Work, including costs of transportation
and storage thereof, and Suppliers' field services required in
connection therewith. All cash discounts shall accrue to
CONTRAC'I~7R unless OWNER deposits funds with CON-
TRACTOR with which to make payments, in which case the
cash discounts shall accrue to OWNER. All trade discounts,
rebates and refunds and returns from sale of surplus materi-
als and equipment shall accrue to OWNER,,, and CON-
TRACTOR shall make provisions so that they may be
obtained.
11.4.3. Payments made by CONTRACTOR to the Sub-
contractors for Work performed or furnished by Subcontrac-
tors. If required. by OWNER, CONTRACTOR shall. obtain
competitive bids from subcontractors acceptable to OWNER
and CONTRACTOR and shall deliver such bids to OWNER
who will then determine, with the advice of ENGINEER,
which bids, if any, will be accepted. df any subcontract
provides that the Subcontractor is to be paid on the basis of
Cost. of the Work Plus a fee, the Suix:ontractor's Cost of the
Work and fee shall be determined in the same manner as
CONTRACTOR's Cost of the Work and fee as provided in
paragraphs 11.4, 11.5, 11.6 and 11.7. Ail subcontracts shall
be subject to the other provisions of the Contract Documents
insofar as applicable.
11.4.4. Costs of special consultants (including but not
limited to engineers, architects, testing laboratories, survey-
ors, attorneys and accountants) employed for services spe-
cifically related to the Work.
11.4.5. Supplemental costs including the following:
11,4.51. The proportion of necessary transportation,
travel and subsistence expenses of CONTRACTOR'S em-
ployeesincurred in discharge of duties connected with the
Work.
11.4.5.2. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment, machinery,
appliances, office and temporary facilities at the site and
hand tools not owned by ..the workers, which arse con-
sumed in the performance of the Work, and cost less
market value of such items used but not consumed which
remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction .equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental agree-
ments approved by OWNER with the advice of ENGI-
NEER, and the costs of transportation, loading, unload-
ing, installation, dismantling and removal thereof-all in
accordance with the terms of said rental agreements. The
rental of any such equipment, machinery or parts shall
cease when the use thereof is no longer necessary for the
Work.
11.4.5.4. Sales, consumer, use or similar taxes related
to the Work, and for which CONTRACTOR is liable,
imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
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11.4.5.6. Losses and damages (and related expenses)
caused by damage to the Work, not compensated by
insurance or otherwise, sustained by CONTRACTOR in
connection with the performance and furnishing of the
Work (except losses and damages within the deductible
amounts of property insurance established by OWNER in
accordance with paragraph 5.9), provided they have re-
sulted from causes other than the negligence of CON-
TRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any
of them may be liable. Such losses shall include settle-
ments made with the written consent and approval of
OWNER. No such losses, damages and expenses shall be
included in the Cost of the Work for the purpose of
determining CONTRACCOR's fee. If, however, any such
loss or damage requires reconstruction and CONTRAC-
TOR is placed in charge thereof,-CONTRACTOR shall be
paid for services a fee proportionate to that stated in
paragraph 11.6,2.
11.4.5.7. The cast of utilities, fuel and sanitary facili-
ties at the site.
11.4.5.8. Minor expenses such as telegrams, long dis-
tance telephone calls, telephone service at. the site, ex-
pressage and similar petty cash items in connection with
the Work.
1 I.4.5.9. Cost of premiums for additional Bonds and
insurance required because of changes in the Work.
11.5. The term Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensaeion of CON-
TRACTOR's officers, executives, principals (of partnership
and sole proprietorships), general managers, engineers, ar-
chitects, estimators, attorneys, auditors, accountants, pur-
chasing and contracting agents, expediters, timekeepers,
clerks and other personnel employed by CONTRACTOR
whether at the site or in CONTRACTOR'S principal or a
branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or specifically
covered by paragraph 1 i .4.4-all of which are to be consid-
ered administrative costs covered by the CONTRACTOR's
fee.
11.5.2. Expenses of CONTRACTOR'S principal and
branch offices ether than CONTRACTOR'S office at the site.
1 t.5.3. Any part of CONTRACTOR'S capital expenses,
including interest on CONTRACTOR's capital employed for
the Work and charges against CONTRACTOR for delin-
quent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by the
Contract Documents to purchase and maintain the same
(except for the cost of premiums covered by subparagraph
11.4.5.9 aboue).
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11.5.5. Costs due to the negligence of CONTRAC-
TOR, any Subcontractor, or anyone directly ar 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 materials or
equipment wrongly supplied and making good any
damage to property.
Other overhead or general expense costs of any kind
and the costs of any item not specifically and expressly
included in paragraph 11.4.
1 i .6. The CONTRACTOR's fee allowed to CONTRAC-
TOK for overhead and profit shall be determined as follows:
1 l .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 fallowing percentages of the various
pa--tians of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1
and ] l .4.2, the CONTRACTOR'S fee shall be fifteen
percent;
i 1.6.2."L. for costs incurred under paragraph 11.4.3,
the CONTRACTOR's fee shall be five percent;
11.6.2.3, where one or mare tiers of subcontracts are
on the b~ sis of Cost of the Work plus a fee and no fixed fee
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 fee 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;
11.6.2.4. no fee shall be payable on the basis of costs
itemized under paragraphs 11.4.4, 11.4.5 and 11.5;
11.6.2.5. the amount of credit to be allowed by CON-
TRACTOR to OWNER for any change which results in a
net decrease in cost will be the amount of the actual net
decrease in cost plus a deduction in CONTRACTOR'S fee
by an amount equal to five percent of such net decrease;
and
11.6.2.6. when both additions and credits are involved
in any one 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 cast of any Work is to be determined
pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will
establish and maintain records thereof in accordance with
generally accepted accounting practices and submit in form
acceptable to ENGINEER an itemized cost breakdown to-
gether with supporting data.
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11.8. l[t is understood that CONTRACTOR has included in
the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be fur-
nished and performed for such sums as may be acceptable to
OWNER and ENGINEER. CONTRACTOR agrees that:
11.8. a. the allowances include the cost to CONTRAG
TOR {le;ss any applicable trade discounts} of materials and
equipment required by the allowances to be delivered at the
site, and all applicable taxes; and
11.$.2. CONTRACTOR'S costs for unloading and han-
dling on the site, labor, installation costs, overhead, profit
and other expenses contemplated for the allowances have
been included in the Contract Price and not in the allowances
and no demand for additional payment on account of any of
the foregoing will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts Blue CONTRACTOR on account of Work covered by
allowances, and the Contract Price shall be correspondingly
adjusted.
11.9. Unix Price Wark:
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially the
Contract Price wiH be deemed to include for"all Unit Price
Work an amount equal to the sum of the established unit
price for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in the
Agreement. The estimated quantities of Stems of Unit Price
Work are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. ^~eterminations of the actual quantities and classifica-
tions of Unit Price Work performed by CONTRACTOR will
be made: by ENGINEER in accordance with paragraph 9.1U,
11.9.2',. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR'S overhead and profit for each sepa-
rately idlentified item.
11.9.3. OWNER or CONTRACTOR may make a claim
for an adjustment in the Contract Price in accordance with
Article 11 if:
11.9.3.1, the quantity of any item of Unit Price Work
performed by CONTRACTOR differs materially and sig-
nificantly from the estimated quantity of such item indS-
cated in the Agreement; and
113.3.2. there is no corresponding adjustment with
respect to any other item of Work; and
11.9.3:3. if CONTRACTOR believes that CONTRAC-
TOR its entitled to an increase in Contract Price as a result
35
of having incurred additional expense or OWNER be-
lieves that OWNER is entitled to a decrease in Contract
Price and the parties are unable to agree as to the amount
of any such increase or decrease.
ARTICLE 12--CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment. Any
claim for an adjustment of the Contract Times (or Milestones)
shall be based on written notice delivered by the party making
the claim to the other party and to'ENGINEER promptly (but
in no event later than thirty days) after the occurrence of the
event giving rise to the claim and stating the general nature of
the claim. Notice of the extent of the claim with supporting
data shall be delivered within sixty days after such occurrence
(unless ENGINEER allows an additional period of time to
ascertain more accurate data in support of the claim) and shall
be accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of the
occurence of said event. All claims for adjustment in the
Contract Times {or Milestones) snail be determined by ENGI-
NEER in accordance with paragraph 9.1 i if OWNER and
CONTRAC"40;? cannot otherwise agree. No claim for an
adjustment in the Contract Times (or Milestones) will be valid
if not subrr~itted in accordance with the requirements of this
paragraph i2.1.
12.2. All time limits stated in the Contract Documents are
of the essence of the Agreement.
.12.3. Where CONTRACTOR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of CONTRAC-
TOR,the Contract Times (or Milestones) will be extended in an
amount equal to the time lost due to such delay if a claim is
made therefor as provided in paragraph 12.1. Delays beyond
the control of CONTRACTOR shall include, but not be limited
to, acts or neglect by OWNER, acts or neglect of utility owners
or other contractors performing other work as contemplaied by
Article 7, fires, floods, epidemics, abnormal weather condi-
tions or acts of God. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the contra! of CONTRACTOR.
12.4. Where CONTRACTOR is prevented from complet-
Sng any part of the Work within the Contract Times (or
Milestones} due to delay beyond the control of both OWNER
and CONTRACTOR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such
decay shall be CONTRACTOR'S sole and exclusive remedy for
such delay. In no event shat[ OWNER be liable to CONTRAC-
TOR, any Subcontractor, any Supplier, any other person or
organization, or to any sutety for or employee or agent of any
of them, for damages arising out of or resulting from (i) delays
caused by or within the control of CONTRACTOR, or (ii)
delays beyond the control of both parties 'secluding but not
limited to fires, floods, epidemics, abnormal weather condi-
tions, acts of God or acts or neglect by utility owners or
other contractors performing other work as contemplated by
Article 7.
ARTICLE 13-TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR
ACCEPTANCE OF 1?F.FECTlVE WORK
13.1. Notice of Defects: Prompt notice of all defective
Work. of which OWNER or ENGINEER have actual knowl-
edge will be given to CONTRACTOR. All defective Work
may be rejected, corrected or accepted as provided in this
Article 13.
Access to Work:
13.2. OWNER, ENGINEER, ENGINEER'S Consultants,
other representatives and personnel of OWNER, independent
testing laboratories and governmental agencies with jurisdic-
tional interests will have access to the Work. at reasonable times
for their observation, inspecting and testing. CONTRACTOR
shall provide them proper and safe conditions for such access
and advise them of CONTRACTOR'S site safety procedures
and programs so that they may comply therewith as applicable.
Tests and Inspections:
133. CONTRACTOR shall give ENGINEER timely no-
tice of readiness of the Work for all required inspections, tests
or approvals, and shat} cooperate with inspection and testing
personnel to facilitate required inspections or tests.
13.4. OWNER shall employ and pay for the services of an
independent testing laboratory to perform all inspections, tests,
or approvals required by the Contract Documents except:
13.4.1. for inspections, tests or approvals covered by
paragraph 13.5 below;
13.4.2. that casts incurred in connection with tests or
inspections conducted pursuant to paragraph 13.9 below
shall be paid as provided in said paragraph 13.9; and
13.4.3. as otherwise specifically provided in the Con-
tract Documents.
13.5. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) specifically to be
inspected, tested or approved by an employee or other repre-
sentative of such public body, CONTRACTOR shall assume
full responsibility for arranging and obtaining such inspections,
tests or approvals, pay all costs in connection therewith, and
furnish ENGINEER the required certificates of inspection, or
36
approval. CONTRACTOR shall also be responsible for arrang-
ing and obtaining and shall pay all costs in connection with any
inspections, tests or approvals required for OWNER's and
ENGINEER's acceptance of materials or equipment to be
incorporated in the Work, or of materials, mix designs, or
equipment submitted for approval prior to CONTRACTOR'S
purchase thereof for incorporation in the Work.
13.6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by CONTRACTOR
without written concurrence of ENGINEER, it must, if 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.
Uncovering Work:
13.8. If any Work is covered contrary to the written request
of ENGINEER, it must, if requested by ENGINEER, be
uncovered for ENGINEER's observation and replaced at
CONTRAC70R's expense.
13.4. If ENGINEER considers it necessary or advisable
that covered °`" r° be observed by ENGINEER or inspected
or tested by _ vrs, CONTRACTOR, at ENGINEER'S re-
quest, shall ve~cover, expose or otherwise make available for
observation, inspection or testing as ENGINEER may require,
that portion of the Work in question, furnishing all necessary
labor; material and equipment. If it is found that such Work is
defective, CONTRACTOR shalt pay all claims, costs, losses
and damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing and
of satisfactory replacement or reconstruction (including but not
limited to all costs of repair or replacement of work of others);.
and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the
amount thereof, may make a claim therefor as provided in
Article 11. If, however, such Work is not found to be defective,
CONTRACTOR shall be allowed an increase in the Contract
Price or an extension of the Contract Times (or Milestones), or
both, directly attributable to such uncovering, exposure, ob-
servation, inspection, testing, replacement and reconstruction;
and, if the parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefor as pro-
vided in Articles l 1 and 12,
OWNER May Stop tits Work:
13.10. If the Work is defective, or CONTRACTOR fails to
supply sufficient skilled workers or suitable materials or equip-
ment, or fails to furnish or perform the Wark in such a way that
the campleted Work. will conform to the Contract Documents,
OWNER may order CONTRACTOR to stop the Work, or any
portion thereof, until the cause for such order has been
eliminated; however, this right of OWNER to stop the Work
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shall not give rise to any duty on the part of OWNER to
exercise this right for the benefit of CONTRACTOR or any
surety ar other party.
Correction or Removal of Defective Work:
13.11. If required by ENGINEER, CONTRACTOR shall
promptly, as directed, either correct all defective Work, whether
or not fabricated, installed or completed, or, if the Work has
been rejected by ENGINEER, remove ft from the site and
replace it with Work that is not defective. CONTRACTOR shall
pay all claims, costs, losses and damages caused by or resulting
from such correction or removal (including but not timited to all
costs of repair or replacement of work of others).
13.12. Correction Period
13.12.1. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract Doc-
uments or by any specific prevision of the Contract Docu-
ments, any Work is found to be defective, CONTRACTOR
shall promptly, without cost to OWNER and in accordance
with OWNER's written instructions: (i) correct such defec-
tive Work, or, if it has been rejected by OWNER, remove it
from the site and replace it with Work that is not defective,
and (ii) satisfactorily correct or remove. and replace any
damage to other Work or the work of others resulting
therefrom. If CONTRACTOR does not promptly comply
with the terms of such instructions, or in an emergency
where delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims, costs,
losses and damages caused by or resulting from such re-
moval and replacement (including but not limited to al( costs
of repair or replacement of work of others) will be paid by
coNTRACTOR.
13.12.2. In special circumstances where a particular item
of equipment is placed in continuous service before Substan-
tial Completion of all the Work, the correction period for that
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
13.12.3. ~~`here defective Work (and damage to other
Work resulting therefrom) has been corrected, removed or
replaced under this paragraph 13.12, the correction period
hereunder with respect to such Work will be extended for an
additional period of one .year after such correction or re-
moval and replacement has been satisfactorily completed.
Acceptance of Defective Work:
13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to ENG[-
NEER's recommendation of final payment, also ENGINEER)
prefers to accept it, OWNER may do so. CONTRACTOR shall
37
pay all claims, costs; losses and damages attributable to
OWNER's evaluation of and determination to accept such
defective Work (such costs to be approved by ENGINEER as
to reasonableness). If any such acceptance occurs prior to
ENCSINEER's recommendation of final payment, a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work; and OWNER
shall be entitled to an appropriate decrease in the Contract
Price, and, if the parties are unable to agree as to the amount
thereof, OWNER may make a claim therefor as provided in
Article 11. If the acceptance occurs after such recommenda-
tion, an appropriate amount will be paid by CONTRACTOR to
OWiv'ER.
(3WNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.1 i, or if CON-
TRACTOR fails to perform the Work in accordance with the
Contract Documents, or if CONTRACTOR fails to comply
with any other provision of the Contract Documents, OWNER
rnay, after seven days' written notice to CONTRACTOR,
correct and remedy any such deficiency. In exercising the
rights and remedies under this paragraph OWNER shall pro-
ceed expeditiously. In connection with such corrective and
remedial action, OWNER may exclude CONTRACTOR from
all or part of tlFe site, take possession of all or part of the Work,
and suspend 4 i~NTRACTOR's services related thereto, take
possession of CONTRACTOR'S tools, appliances, construc-
tion equipment and machinery at the site and incorporate in the
Work all materials and equipment stored at the site or for which
OWNER has paid CONTRACTOR but which are stored
elsewhere. CONTRACTOR shall. allow OWNER, OWNER'S
representatives, agents and employees, OWNER'S other con-
tractors and ENGINEER and ENGINEER'S Consultants ac-
cess to the site to enable OWNER to exercise the rights and
remedies under this paragraph. All claims, costs, Fosses and
damages incurred or sustained by OWNER in exercising such
rights and remedies will be charged against CONTRACTOR
and a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work;
and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the
amount thereof, OWNER may make a claim therefor as
provided in Article 1 I. Such claims, costs, losses and damages
wilt include but not be limited to ail costs of repair or reptace-
ment of work of others destroyed or damaged by correction,
removal or replacement of CONTRACTOR'S defective Work.
CONTRACTOR shall not be allowed an extension of the
Contract Times (or Milestones) because of any delay in the
performance of the Work attributable to the exercise by O WN ER
of OWNER'S rights and remedies hereunder.
ARTICLE 14-PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of values.
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments and
will be incorporated rota a form of Application for Payment
acceptable to ENGINEER. Progress payments on account of
Unit Price Work will be based on the number of units com-
pleted.
Application for Progress Payment:
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the date
of the Application and accompanied by such supporting
documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equip-
ment not incorporated in the Work but delivered and suitably
stored at the site or at another location agreed to in writing,
the Application for Payment shall also be accompanied by a
bill of sale, invoice or other documentation warranting that
OWNER has received the materials and equipment free and
clear of al! Liens and evidence that the materials and
equipment are covered by appropriate property insurance
and other arrangements to protect OWNER'S interest therein,
ail of which will be satisfactory to OWNER. The amount of
retainage with respect to progress payments will be as
stipulated in the Agreement.
CONTRACT~R's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title to
all Work, materials and equipment covered by any Application
for Payment, whether incorporated in the Project or not, will
pass to OWNER no later than the time of payment free and
clear of all Liens.
Review of Applications for Progress Payment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a
recommendation of payment and present the Application to
OWNER, or return the Application to CONTRACTOR indi-
cating in writing ENGINEER'S reasons for refusing to recom-
mend payment. In the latter case, CONTRACTOR may make
the necessary corrections and resubmit the Application. Ten
days after presentation of the Application for Payment to
OWNER with I1alGINEER's recommendation, the amount
recommended will (subject to the provisions of the last sen-
tence of paragraph 14.7) become due and when due wilt be paid
by OWNER to CONTRACTOR.
14.5. ENGINEER'S recommendation of any payment re-
quested in an Application for Payment will constitute a repre-
sentation by ENGINEERtoOWNER, basedon ENGINEER's
on-site observations of the executed Work as an experienced
and qualified design professional and on ENGINEER's review
of the Application for Payment and the accompanying data and
schedules, that to the best of ENGINEER'S knowledge, infor-
mation and belief:
38
14.5.1. the Work has progressed to the point indicated
14.5.2. the quality of the Work is generally in accor-
dance with the Contract Documents (subject to an evalu-
ation. of the Work as a functioning whole prior to or upon
Substantial Completion, to the results of any subsequent
tests called for in the Contract Documents, to a final
determination of quantities and classifications for Unit
Price Work under paragraph 9.10, and to any other quali-
fications stated in the recommendation), and
14.53. the conditions precedent to CONTRACTOR'S
being entitled to such payment appear to have been
fulfilled in so far as it is ENGINEER'S responsibility to
observe the Work.
.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 specifically assigned to ENGINEER in the
Contract Documents or (ii) that there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER ar entitle OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINEER'S recommendation of any payment, in-
cluding final payment, shall not mean that ENGINEER is
responsible for CONTRACTOR'S means, methods, techniques,
sequences or ~~s-ocedures of construction, or the safety precau-
tions and 1~• . ,; :ams incident thereto, or for any failure of
CONTRA.C°'`.:i to comply with Laws and Regulations appli-
cable to the furnishing or perfornsanee 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 whale or
any part of any payment if, in ENGINEER'S opinion, it would
be incorrect to make the representations to OWNER referred
to in paragraph 14.5. ENGINEER may also refuse to recom-
mend any such payment, or, because of subsequently discov-
ered evidence or the results of subsequent inspections or tests,
nullify any such payment previously recommended, to such
extent as may be necessary in ENGINEER's opinion to
protect OWNER from loss because:
14.7.1. the Work is defective, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order,
14.7.3. OWNER has been required to correct defec-
tive Work or complete Work in accordance with paragraph
13.14, or
14.7.4. ENGINEER has actual knowledge of the oc-
currence of any of the events enumerated in paragraphs
15.2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTRACTORs performance or furnishing of
the Work,
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14.7.6. Liens have been filed in connection with the
Work, except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens,
14.7.7. there are other items. entitling OWNER to a
set-off against the amount recommended, or
14.7.8. OWNER has actual knowledge of the occur-
rence of any of the events enumerated in paragraphs
14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4
inclusive;
but OWNER must give CONTRACTOR immediate written
notice (with a copy to ENGINEER) stating the reasons for
such action and promptly pay CONTRACTOR the amount so
withheld, or any adjustment thereto agreed to by OWNER and
CONTRACTOR, when CONTRACTOR corrects to OWN-
ER's satisfaction-the reasons for such action.
Srabstantial Compdekore:
i4.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notifyOWNER
and ENGINEER in writing that the entire Work is substantially
complete (except for items specifically listed by CONTRAC-
TOR as incoanplete) and request that ENGINEER issue a
certificate of Substantial Completion. Within a reasonable time
thereafter, OWNER, CONTRACTOR and ENGINEER shall
make an inspection of the Work to determine the status of
completion. If ENGINEER does not consider the Work sub-
stantially complete, ENGINEER will notify CONTRACTOR
in writing giving the reasons therefor. If ENGINEER considers
the Work substantially complete, ENGINEER will prepare and
deliver to OWNER a tentative certificate of Substantial Com-
pletion which shall fix the date of Substantial Completion.
There shall be attached to the certificate a tentative list of items
to be completed or corrected before final payment. OWNER
shall have seven days after receipt of the tentative certificate
during which to make written objection to ENGINEER as to
any provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that the
Work is not substantially complete, ENGINEER will within
fourteen days after submission of the tentative certificate to
OWNER. notify CONTRACTOR in writing, stating the reasons
therefor. If, after consideration of OWNER's objections, EN-
GINEER considers the Work substantially complete, ENGI-
NEER will within said fourteen days execute and deliver to
OWNER and CONTRACTOR a definitive certificate of Sub-
stantial Completion (with a revised tentative List of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWNER. At the time of
delivery of the tentative certificate of Substantial Completion
ENGINEER will deliver to OWNER and CONTRACTOR a
written recommendation as to division of responsibilities pend-
ingfinal payment between OWNER and CONTRACTOR with
respect to security, operation, safety, maintenance, heat, utili-
ties,insurance and warranties and guarantees. Unless OWNER
and CONTRACTOR agree otherwise in writing and so inform
ENGINEER in writing prior to ENGINEER'S issuing the
definitive certificate of Substantial Completion, ENGINEER'S
aforesaid recommendation will be binding an OWNER and
CONTRACTOR until final payment.
14.9. OWNER shall have the right to exclude CONTRAC-
TOR from the Work after the date of Substantial Completion,
but OWNER shat! allow CONTRACTOR reasonable access to
complete or correct items on the tentative list.
Partial Utilizndion:
14.10. Use by OWNER at OWNER'S option of any sub-
stantiallycompleted part of the Work which: (i) has specifically
been identified in the Contract Documents, or {ii) OWNER,
ENGINEER and CONTRACTOR agree constitutes a sepa-
rately funceioning and usable part of the Work that can be used
by OWNER for its intended purpose without significant inter-
ference with CONTRACTOR'S performance of the remainder
of the Work, may be accomplished prior to Substantial Com-
pletion of all the Work subject to ehe following:
14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees that such part of the Work is substan-
tially complete, CONTRACTOR will certify to OWNER
and ENGINEER that such part of the Work is substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use and
substantially complete and request ENGINEER to issue a
certificate of Substantial Completion for that part of the
Work. Within a reasonable time after either such request,
OWNER, CONTRACTOR and ENGINEER sha18 make
an inspection of that part of the Work to determine its
status of completion. If ENGINEER does not consider
that part of the Work to be substantially complete, ENGI-
NEER will notify OWNER and CONTRACTOR in writ-
ing giving the reasons therefor. If ENGINEER considers
that part. of the Work to be substantially complete, the
provisions of paragraphs 14.8 and 14.9 will apply with
respect to certification of Substantial Completion of that
part of the Work and the division of responsibility in
respect thereof and access thereto.
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance wish
the requirements of paragraph S.15 in respect of property
insurance.
Finullnspeckon:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete, ENGI-
NEER wild make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
39
particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to complete such Work or
remedy such deficiencies.
Finat Application for Payment:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered in
accordance with the Contract Documents all maintenance and
operating instrnctions, schedules, guarantees, Bonds, certifi-
cates orother evidence of insurance required by paragraph 5.4,
certificates of inspection, marked-up record documents (as
provided in paragraph 6.19) and other documents, CONTRAC-
TOR may make application for final payment following the
procedure for progress payments. The final Application far
Payment shall be accompanied (except as previously delivered)
by: (i) ail documentation called for in the Contract Documents,
including but not limited to the evidence of insurance required
by subparagraph 5.4.13, (ii) consent of the surety, if any, to final
payment, and (iii) complete and legally effective releases or
waivers (satisfactory to OWNER) of all Liens arising out of or
filed in connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER, CONTRAC-
TOR may furnish receipts or releases in full and an affidavit of
CONTRACTOR that: (i) the releases and receipts include all
labor, services, material and equipment for which a Lien could
be filed, and (ii) all payrolls, material and equipment bills and
otherindebtednessconnectedwlth the Workforwhich OWNER
or OWNER's property might in any way be responsible have
been paid or otherwise satisfied. if any Subcontractor or
Supplier fails to furnish such a re{ease or receipt in full,
CONTRACTOR may furnish a Bond or other collateral satis-
factory to OWNER to indemnify OWNER against any Lien.
Finad Payment and Acceptance:
14.13. If, on the basis of ENGINEER'S observation of the
Work during construction and final inspection, and ENGI-
NEER'S review of the final Application for Payment and
accompanying documentation as required by the Contract
Documents, ENGINEER is satisfied that the Work has been
completed and CONTRACTOR'S other obligations under the
Contract Documents have been fulfilled, ENGINEER will,
within ten days after receipt of the final Application for
Payment, indicate in writing ENGINEER's recommendation
of payment and present the Application to OWNER for pay-
ment. At the same time ENGINEER will also give written
notice to OWNER and CONTRACTOR that the Work is
acceptable subject to the provisions of paragraph 14.15. Oth-
erwise, ENGINEER will return the Application to CON-
TRACTOR, indicating in writing the reasons for refusing to
recommend final payment, in which case CONTRACTOR shall
make the necessary corrections and resubmit the Application.
Thirty days after the presentation to OWNER of the Applica-
tion and accompanying documentation, in appropriate form
and. substance and with ENGINEER'S recommendation and
notice of acceptability, the amount recommended by ENGI-
NEER will become due and will be paid by OWNER to
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CONTRACTOR.
14.14. If, through no fault of CONTRACTOR,. final com-
pletion of the Work is significantly delayed and if ENGINEER
so confirms, OWNER shall, upon receipt of CONTRACTOR's
final Application for Payment and recommendation of ENGI-
NEER, and without terminating the Agreement, make pay-
ment of the balance due for that portion of the Vdork fully
completed and accepted. If the remaining balance to be held by
OWNER for Work not fully completed or corrected is less than
the retainage stipulated in the Agreement, and if Bonds have
been furnished as required in paragraph 5.1, the written con-
sent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the Appli-
cation for such payment. Such payment shall be made under
the terms and conditions governing final payment, except that
it shall not constitute a waiver of claims.
Waiver of Claims:
14.15. The making and acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from unsettled Liens,
from defective Work appearing after final inspection pursu-
ant to paragraph 14.11, from failure to comply with the
Contract Documents or the terms of any special guarantees
specified therein, or from CONTRACTOR's continuing ob-
ligations under the Contract Documents; and
14.15.2. a waiver of ail claims by CONTRACTOR against
OWNER other than those previously made in writing and
still unsettled.
ARTICLE 15-SUSPENSION OF WORK AND
TERMINATION
OWNER May Sacspend Work:
15.1. At any time and without cause, OWNER may sus-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed.' CONTRAC'T'OR shall be allowed an adjustment in the
Contract Price or an extension of the Contract Times, or both,
directly attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles 11
and 12.
OWNER May Terminate:
15.2. Upon the occurrence of any one or more of the
following events:
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15.4.2. for expenses sustained prior to the effective date
of termination in performing services and furnishing labor,
materials or equipment as required by the Contract Docu-
ments in connection with uncompleted Work, plus fair and
reasonable sums far overhead and profit on such expenses;
15.4.3. for all claims, costs, losses and damages incurred
in settlement of terminated contracts with Subcontractors,
Suppliers and others; and
15.4.4. for reasonable expenses directly attributable to
termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other ecanomic loss arising
out of or resulting from such termination.
C®1VTRACTOR May Stop Work or Terminate:
1~.5. If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public author-
ity, or ENGINEER fails to act on any Application for
Payment within thirty days after it is submitted or OWNER
fails for thirty days to pay CONTRACTOR any sum finally
determined to "be due, then CONTRACTOR may, upon
seven days' written notice to OWNER and ENGINEER,
and provided OWNER or ENGINEER do not remedy such
suspension or failure within that time, terminate the Agree-
ment-and recover from OWNER payment on the same terms
as provided in paragraph 15.4. In lieu of terminating the
Agreement and without prejudice to any other right or
remedy, if ENGINEER has failed to act on an Application
for Payment within thirty days after it is submitted, or
OWNER has failed for thirty days to pay CONTRACTOR
any sum finally determined to be due, CONTRACTOR may
upon seven day's written notice to OWNER and ENGI-
NEER stop the Work until payment of all such amounts due
CONTRACTOR, including interest thereon. The provisions
of this paragraph 15.5 are not intended to preclude CON-
TRACTOR from making claim under Articles 11 and 12 for
an increase in Contract Price or Contract Times or otherwise
for expenses or damage directly attributable to CONTRAC-
TOR'S stopping Work as permitted by this paragraph.
ARTICLE I6-DISPUTE RESOLUTION
If and to the extent that OWNER and CONTRACTOR have
agreed on the method and procedure for resolving disputes
between them that may arise under this Agreement, such
dispute resolution method and procedure, if any, shall be as set
forth in Exhibit GC-A, ' `Dispute Resolution Agreement," to be
attached hereto and made a part hereof. If no such agreement
on the method and procedure for resolving such disputes has
been reached, and subject to the provisions of paragraphs 9.10,
9.i1, and 9.12, OWNER and CONTRACTOR may exercise
41
15.2.1. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents (in-
cluding, but not limited to, failure to supply sufficient skilled
workers or suitable materials or equipment or failure fo
adhere to the progress schedule established under paragraph
2.9 as adjusted from time to time pursuant to paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or Regula-
tions of any public body having jurisdiction;
15.2.2. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.4. if CONTRACTOR otherwise violates in any sub-
stantial way any provisions of the Contract Documents;
OWNER may, after giving CONTRACTOR (and the surety,
if any,) seven days' written notice and to the extent permit-
ted by Laws and Regulations, terminate the services of
CONTRACTOR, exclude CONTRACTOR from the site and
take possession of the Work and of all CONTRACTOR'S
tools, appliances, construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all materi-
als and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere,
and finish the Work as OWNER may deem expedient. In
such case CONTRACTOR shall not be entitled to receive
any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by OWNER arising out of or
resulting from completing the Work such excess will be paid
to CONTRACTOR. If such claims, costs, losses and dam-
ages exceed such unpaid balance, CONTRACTOR shall pay
the difference to OWNER. Such claims, costs, losses and
damages incurred by OWNER will be reviewed by ENGI-
NEER as to their reasonableness and when so approved by
ENGINEER incorporated in a Change Order, provided that
when exercising any rights or remedies under this paragraph
OWNER shall not be required to obtain the lowest price for
the Work performed.
15.3. Where CONTRAC'fOR's services have been so ter-
minated by OWNER, the termination will not affect any rights
or remedies of OWNER against CONTRACTOR then existing
or which may thereafter accrue. Any retention or payment of
moneys due CONTRACTOR by OWNER wilt not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRACTOR
and ENGINEER, OWNER may, without cause and without
prejudice to any other right or remedy of OWNER, elect to
terminate the Agreement. In such case, CONTRACTOR shall
be paid (without duplication of any items):
15.4.1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the effec-
tive date of termination, including fair and reasonable sums
for overhead and profit on such Work;
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect.of
any dispute.
ARTICLE 17-MISCELLANEOUS
diving Notate:
17.1. Whenever any provision of the Contract Documents
requires the giving of written notice, it will be deemed to have
been validly given if delivered in person to the individual or to
a member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by registered or
certified mail, postage prepaid, to the last business address
known to the giver of the notice.
Computation of Times:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude
the first and include the last day of such period. if the last day
of any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction,
such day will be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a day.
Notice of Claim:
17.3. Should OWNER or CONTRACTOR suffer injury or
damage to person or property because of any error, omission or
act of the other party or of any of the other party's employees
or agents or others for whose acts the other party is legally
liable, claim will be made in writing to the other party within a
reasonable time of the first observance of such injury or
damage. The provisions of this paragraph 17.3 shall not be
construed as a substitute far or a waiver of the provisions of
any applicable statute of limitations or repose.
Cumulative Remedies:
17.4. The duties and obligations imposed by these General
Conditions and the rights and remedies available hereunder to
the parties hereto, and, in particular but without limitation, the
warranties, guarantees and obligations imposed upon CON-
TRACTOR by paragraphs 6.12, b.lb, 6.3Q, 6.31, 6.32, 13.1,
13.12, 13.14, 14.3 and 15.2 and all of the rights and remedies
available to OWNER and ENGINEER thereunder, are in
addition to, and are not to be construed in any way as a
limitation of, any rights and remedies available to any or all of
them which are otherwise imposed or available by Laws or
Regulations, by special warranty or guarantee or by other
provisions of the Contract Documents, and the provisions of
this paragraph will be as effective as if repeated specifically in
the Contract Documents in connection with each particular
duty, obligation, right and remedy to which they apply.
Professional Fees and Count Costs Included:
17.5. Whenever reference is made to "claims, costs, losses
and damages," it shall include in each case, but not be limited
to, all fees and charges of engineers, architects, attorneys and
other professionals and all court or arbitration or other dispute
resolution costs.
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[The remainder of this page was left blank intentionally.]
42
EX~IIBIZ' GC-A to General Conditions of the
Agreement Between `OWNER and CON-
TItACTiOR "Dated
For use. with EJCDC No. 1910-8 (1990 ed.)
DISPUTE RESOLUTION AGREEMENT
OWNER and CONTRACTOR hereby agree that Article 16
of the General Conditions to the Agreement between OWNER
and CONTRACTOR is amended to include the following
agreement of the parties:
16.1. All claims, .:disputes and other matters in question
between OWNER and CONTRACTOR arising out of or relat-
ing to the Contract Documents or the breach thereof (except
for claims which have been waived by the making or accep-
tance of final payment as provided by paragraph 14. IS) will be
decided by arbitration in accordance with the Construction
Industry Arbitration Rules of the American Arbitration Asso-
ciation then obtaining, subject to the limitations of this Article
16. This agreement so to arbitrate and any other agreement or
consent to arbitrate entered into in accordance herewith as
provided in this Article 16 will be specifically enforceable under
the prevailing law of any court having jurisdiction.
16.2. No demand for arbitration of any claim, dispute or
other matter that is required to be referred to ENGINEER
initially for decision in accordance with paragraph 9.11 will be
made until the earlier of (a) the date on which ENGINEER has
rendered a written decision or (b) the thirty-first day after the
parties have presented their evidence to ENGINEER if a
written decision has not been rendered by ENGINEER before
that date. No demand for arbitration of any such claim, dispute
oc other matter will be made later than thirty days after the date
on which ENGINEER has rendered a written decision in
respect thereof in accordance with paragraph 9.11; and the
failure to demand arbitration within said thirty days' period will
result in ENGINEER'S decision being final and binding upon
OWNER and CONTRACTOR. If ENGINEER renders a de-
cision after arbitration proceedings have been initiated, such
decision may be entered as evidence but will not supersede the
arbitration proceedings, except where the decision is accept-
able to the parties concerned. No demand far arbitration of any
written decjsion of ENGINEER rendered in accordance with
paragraph 9.10 will be made later than ien days after the party
making such demand has delivered written notice of intention
to appeal as provided in paragraph 9.10.
16.3. Notice of the demand for arbitration will be flied in
writing with the other party to the Agreement and with the
American Arbitration Association, and a copy will be sent to
ENGINEER for information. The demand for arbitration will
be made within the thirty-day or ten- day period specified in
paragraph 16.2 as applicable, and in all other cases within a
reasonable time after the claim, dispute or other matter in
question has arisen, and in no event shall any such demand be
made after khe date when institution of legal or equitable
proceedings based on such claim, dispute or other matter in
question would be barred by the applicable statute of limita-
tions.
16.4. Except as provided in parag~~aph 16.5 below, no
arbitration arising'out of or relating to the Contract Documents
shall include by consolidation, joinder or in any other manner
any other person or entity ('including ENGINEER, ENGI-
NEER'S Consultant and the officers, directors, agents, em-
ployees orconsultants of any of them) who is nat a party to this
contract unless:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among those
who are already parties to the arbitration, and
16.4.2. such other person or entity is substantially in-
volved in aquestion of law or fact which is common to those
who are already parties to the arbitration and which will arise
in such proceedings, and
16.4.3. the written consent of the other person or entity
sought to be included and of OWNER and CONTRACTOR
has been obtained for such inclusion, which consent shall
make specific reference to this paragraph; but no such
consent shall constitute consent to arbitration of any dispute
not specifically described in such consent or to arbitration
with any party not specifically identified in such consent.
16.5. Notwithstanding paragraph 16.4 if a claim, dispute or
other matter in question between OWNER and CONTRAC-
TORinvolves the Work of a Subcontractor, either OWNER or
CONTRACTOR may join such Subcontractor as a party to the
arbitration between OWNER and CONTRACTOR hereunder.
CONTRACTOR shall include in all subcontracts required by
paragraph b. l l a specific provision wheceby the Subcontractor
consents to being joined in an arbitration between OWNER
and CONTRACTOR involving the Work of such Subcontrac-
tor. Nothing in this paragraph 16.5 nor in the provision of such
subcontract consenting to joinder shall create any claim, right
or cause of action in favor of Subcontractor and against
OWNER, ENGINEER or ENGINEER'S Consultants that
does not otherwise exist.
16.b. The award rendered by the arbitrators will be final,
judgment may be entered upon it in any court having jurisdic-
tionthereof, and it will not be subject to modification or appeal.
(The remainder of this page was left blank intentionally.]
GC-A 1
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' SUPPLEMENTARY CONDITIONS
These supplementary Conditions amend or supplement the Standard General Conditions
of the Construction Contract (No. 1910-8, 1983 edition) and other provisions of the Con-
tract Documents as indicated below. All provisions which are not so amended or supple-
mented remain in full force and effect.
' SC-1.
The terms used in these Supplementary Conditions which are defined in the Stan-
' dard General Conditions of the Construction Contract (No. 1910-8, 1990 edition)
have the same meanings assigned to them in the General Conditions.
SC-2.7.
Delete the last four lines of paragraph 2.7 and as so amended, paragraph 2.7
' remains in effect.
SC-4.2.
' In the preparation of Drawings and Specifications, ENGINEER has relied upon the
following reports and tests of subsurface and latent physical conditions at the site
or otherwise affecting cost, progress, or performance of the Work:
4.2.1. No Report
' Sections 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10 are deleted and replaced by the following:
SC-5.3. CONTRACTORS INSURANCE
The Contractor shall purchase from and maintain in a company or companies law-
fully authorized to do business in the jurisdiction in which the project is located such
insurance as will protect the Contractor from claims set forth below which may arise
out of or result from the Contractor's operations under the Contract and for which
the Contractor may be legally liable, whether such operations be by the Contractor
or by a Subcontractor or by anyone for whose acts any of them may be liable:
SC-5.3.1 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY:
1. Coverage A: Per State Statute
2. Coverage B: $ 100,000 Each Accident
$ 500,000 Policy Limit
$ 100,000 Each Employee
Page 1 of 5 pages
SC-5.3.2 COMMERCIAL GENERAL LIABILITY
1. $1,000,000 General Aggregate
2. $1,000,000 Products-Completed Operations Aggregate
3. $1,000,000 Each Occurrence
4. $1,000,000 Personallnjury
THE COMMERCIAL GENERAL LIABILITY SHALL PROVIDE AT A MINIMUM THE
FOLLOWING COVERAGES:
5. Operations of the Contractor
6. Operations of subcontractor. (Contingent Liability)
7. Products/Completed Operations. (To be carried one year after completion of
contract. )
8. Personal injury including employee related claims.
9. Employees as additional insured.
10. Property damage hazards of Explosion, Collapse, and underground.
11. Contractual Liability.
SC-5.3.3 COMPREHENSIVE AUTOMOBILE LIABILITY:
1. $ 500,000 Combined single limit bodily injury and property damage.
THE COMPREHENSIVE AUTOMOBILE LIABILITY SHALL PROVIDE COVERAGE
FOR THE FOLLOWING AUTOMOBILES:
2. All owned automobiles.
3. All nonowned automobiles.
4. All hired automobiles.
SC-5.3.4. UMBRELLA LIABILITY
1. $ 1.000,000 Each Claim
$ 1,000,000 Annual Aggregate
2. THE UMBRELLA LIABILITY SHALL PROVIDE EXCESS LIMITS OVER AND
ABOVE THE COMMERCIAL GENERAL LIABILITY. EMPLOYERS LIA-
BILITY AND COMPREHENSIVE AUTOMOBILE LIABILITY LIMITS AS
STATED IN THIS ARTICLE.
Page 2 of 5 pages
' SC-5.4. LIMITS
1. The insurance required shall be written for the limits specified or limits re-
' quired by law, which ever is greater. The coverages, whether written on an
occurrence or claims made basis, shall be maintained without interruption from
' date of commencement of the work until date of final payment and termination
of any coverage required to be maintained after final payment.
' SC-5.5. OWNERS LIABILITY INSURANCE:
1. The Contractor at his expense shall purchase and maintain during the life of
the contract Owners Protective Liability Insurance.
' 2. Such insurance shall be written with limits not less than:
$ _1,000,000 Aggregate
$ 1,000.000 Each Occurrence
3. The Owners Protective Liability Insurance shall name the City and Bonestroo
1 Williamson Kotsmith as additionally insured.
SC-5.6. PROPERTY INSURANCE:
1. The Contractor shall purchase and maintain during the construction period
Builders Risk insurance. Such insurance shall be on a Completed Value form
and shall be written for an amount equal to 100% of the completed value of
' the project. Such insurance will cover the work and materials at the site, at
temporary storage sites, and during transit.
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The Builder's Risk Insurance required herein shall apply to projects
involving construction of structures and building only. The requirements
of this section shall be waived on projects involving only underground
utilities, grading, street improvements and similar construction work, but
any damage or loss to property shall be the sole responsibility of the
Contractor until final acceptance of the work.
2. Property insurance shall be written on an All Risk form and shall include fire,
extended coverage, vandalism and malicious mischief, theft, collapse, glass,
and resultant damage from faulty work, faulty materials and errors and
omissions in design.
3. Any deductible amount which may occur as part of the Builders Risk policy
shall be borne by the named insureds making claims in direct proportion as
their individual losses bear to the total loss and the policy deductible will be
no more than $1000.
Page 3 of 5 pages
4. Such Builders Risk policy shall allow for partial occupancy by the owner prior
to completion of the project.
5. The Builders Risk policy shall name as insured the Owner, Contractor, Con-
struction Manager, Engineer, and all prime contractors, subcontractors, lower
tier subcontractors and all suppliers at the job site.
6. The Owner and all Contractors agree to waive all rights of subrogation against
each other for all losses covered by the Builders Risk coverage.
7. The Contractor, as trustee, shall have power to adjust and settle any loss with
the insurer unless one of the parties in interest shall object in writing within five
days after the occurrence of loss to the contractor's exercise of this power, and
if such objection be made, arbitrators shall be chosen as provided elsewhere
in this contract. The Contractor a trustee shall, in that case, make settlement
with the insurer in accordance with the directions of the arbitrators. If distribu-
tion of the insurance proceeds by arbitration is required, the arbitrators will
direct such distribution.
'
8. Prior to any exposure to loss, the Contractor shall file with the Owner a certi-
ficate of insurance evidencing Builders Risk coverage. Such certificate shall
require a 30 days advance written notice to the Owrer should the policy be
cancelled or non-renewed.
SC-5.7. BOILER AND MACHINERY
1. The Owner shall be responsible for maintaining all boiler and machinery. This
shall include the interests of the Owner, the Contractor, and lower tier
subcontractors.
SC-5.8. LOSS OF USE INSURANCE
1. The Owner, at his o tion ma urchase such insurance as will insure him
p ~ Yp
against loss of use of his property due to fire or other hazards, however
caused. The Owner waives all rights of action against the Contractor for loss
of use of his property, including consequential losses due to dire or other
hazards, however caused to the extent that the loss is covered by insurance.
' SC-5.9. ADDITIONAL INSURANCE
1. The insurance set forth in these documents is the minimum insurance
required. Any additional coverages that may be necessary to further protect
the Contractor are the sole responsibility of the Contractor.
Pa e4of5 a es
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SC-5.10. CERTIFICATES OF INSURANCE:
1. Certificates of insurance shall be filed with the Owner prior to commencement
of the work. Such certificates shall be prepared on ACORD OR CICC forms.
Such certificates shall contain a provision that coverages afforded shall not be
cancelled or non-renewed without 30 days prior written notice to the Owner
SC-5.12.
Delete the entire paragraph 5.12 in the General Conditions.
SC-5.13.
Delete the entire paragraph 5.13 in the General Conditions.
SC-9.3.
The ENGINEER will furnish a Resident Project Representative to assist ENGINEER
in observing the performance of the Work. His duties, responsibilities and limita-
tions of authority are as outlined in form No. 1919-1-A, prepared by "The Engineers'
Joint Contract Documents Committee". Copies of this form may be obtained from
the ENGINEER.
Page 5 of 5 pages
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' GENERAL REQUIREMENTS
GR-1 SUMMARY OF WORK
The work to be done under these Specifications includes the furnishing of all labor,
machinery, equipment, tools and other means of construction necessary for the complete
construction as shown on the plans and described in the Specifications for Cottages of
Albertville. The work includes grading, aggregate base, bituminous surfacing, concrete curb
and gutter, sanitary sewer, storm sewer, water main, and turf establishment.
GR-2 LOCATION OF WORK
' The location of the work is on ro ert of the Owner or street ri ht-of-wa
p p y g y as more specifically
' described and shown on the drawings of the Plans. Confine all work to areas shown.
' GR-3 SPECIF[CAT[ONS WHICH APPLY
3.1 The General Conditions and the Supplementary Conditions, which are attached to the
Specifications; shall govern the work of all persons engaged in the performance of the
Contract and shall form a part of the Contract. If there are discrepancies between the
General Conditions and the Specifications, the Specifications shall govern.
3.2 The "Standard Utilities Specifications for Water Main, Sanitary Sewer and Storm Sewer
' Installation, City Engineers' Association of Minnesota", (latest edition) shall apply to the
utility construction in this Contract except as modified or altered in the Special
Provisions.
3.3 The State of Minnesota Department of Transportation "Standard Specifications for
Highway Construction", (latest edition), Division 11 and III, shall apply to all street
construction in this Contract except as modified or altered in the Special Provisions.
3.4 The following will be the order in which the Specifications apply:
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A. Special Provisions.
B. General Requirements.
C. The Plans which are made a part of these Specifications by reference.
D. The referenced Specifications listed above.
E. The remaining Specifications attached.
GR96296.WPD
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GR-4 OWNER
Whenever the word "Owner" is used in the sense of ownership or as a part of this Contract,
it shall mean Cottages of Albertville, LLC.
GR-5 TIME OF COMPLETION
All excavation, installation of underground utilities, appropriate testing, placement of curb and
gutter, aggregate base and bituminous binder mixture shall be completed by Oct. 31, 1997.
The final bituminous wear course shall be completed by June 15, 1998.
GR-6 REFERENCE POINTS
The Owner will be responsible for the construction staking. Grade and line stakes will be set
at a minimum interval of 50 feet. The Engineer in charge of laying out the work is Bonestroo
Williamson Kotsmith, 2008 8th Street North, St. Cloud, Minnesota, 56303. The Contractor
shall protect and preserve the established reference points and grade stakes. In case of his
destruction thereof, the Contractor wil- be charged with the expense of replacement and shall
be responsible for any mistake or loss of time that may be caused.
GR-7 EXISTING UTILITIES AND STRUCTURES
Existing underground utilities, as shown on the drawings, are located in accordance with
available data, but locations shall be determined by the Contractor as the work proceeds.
Excavations shall be done so as to cause no damage to the existing utilities. The Contractor
shall provide protection, temporary removal and replacement, or relocation of any obstruction
as required in the performance of his work. No extra payment will be made for this work.
The Contractor will be responsible for any damages to existing structures, work, materials or
equipment because of his operations and shall repair or replace any damaged structures,
work, materials or equipment to the satisfaction of and at no additional cost to the Owner.
The Contractor shall be responsible for all damage to streets, roads, curbs, sidewalks,
bridges or other public or private property, which may be caused by transporting equipment,
materials or men to or from work. The Contractor shall make satisfactory arrangements with
the agency having jurisdiction over the damaged property concerning its repair or
replacement.
7.1 Contractor shall place the outgoing pipe in all existing sanitary sewer manholes with an
inflatable plug prior to construction and leave in place until the last lift of bituminous
surfacing is down or until the system is ready for use, which ever is later.
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' GR-8 AIR AND WATER POLLUTION
Pollution of natural resources of air, land and water by operations under this Contract shall
be prevented, controlled and abated in accordance with the rules, regulations and standards
adopted and established by the Minnesota Pollution Control Agency, and in accordance with
the provisions of Mn/DOT Specification 1717.
The Contractor shall provide and maintain all sanitary accommodations for the use of his
employees as may be necessary to provide for their health and welfare which complies with
Federal, State and local codes and regulations.
GR-9 WARNING SIGNS AND BARRICADES
The Contractor shall furnish and maintain all barricades and si ns and rovide the necessar
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flaggers and traffic control devices to divert, control and protect the public from harm during
construction of the project. Warning signs and barricades shall be in strict compliance with
Appendix "B" of the Minnesota Manual of Uniform Traffic Control Devices for Temporary Lane
Closures, Street and Highway Construction, Maintenance and Public Utility Operations. The
Contractor shall provide the Owner with the name and telephone number of a person who can
be reached at ail times during the construction.
GR-1Q MAWTENANCE OF TRAFFIC
10.1 The Contractor must erect all barricades and caution signing as an incidental item. The
Contractor sha{I submit a sign placement and nomenclature plan to the Engineer. This
submittal shall be provided no later than 10 days prior to implementation.
10.2 The Contractor shall maintain residential traffic for local use. The Contractor shall
' provide access to local property owners as work progresses.
GR-11 NOTIFICATION OF ENGINEER
The Contractor shall notify the Engineer 24 hours in advance concerning his plans for
carrying out each part of the project, but the Contractor alone shall be responsible for the
safety, adequacy and efficiency of his construction equipment and methods.
GR96296.WPD
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GR-12 LIST OF SUBCONTRACTORS AND SUPPLIERS
Prior to the execution and delivery of the Agreement, the successful Bidder shall submit a
complete list, with names, addresses and telephone numbers, of all his subcontractors and
suppliers. This list shall identify the work and materials associated with each subcontractor
and supplier.
GR-13 SCHEDULE OF OPERATIONS
The Contractor shall submit to the Engineer not more than two weeks after Contract award
a schedule of all construction operations detailing the time of starting and completion of each
construction effort.
GR-14 SUBMITTAL OF SHOP DRAWINGS
r
14.1 The Contractor shall promptly submit to the Engineer six copies of all shop drawings as
specified so as to cause no delay in the work schedule. The Engineer shall pass upon
them with reasonable promptness. The Contractor shall make any corrections required
by the Engineer and file with him six corrected copies.
14.2 The Prime Contractor shall approve all shop drawings before transmitting them for
approval to the Engineer. The Engineer's approval of such drawings or schedules shall
not relieve the Contractor from his responsibility for errors in shop drawings or
schedules.
GR-15 SCHEDULES OF SUBMITTALS
The Contractor shall submit the following items to the Engineer for review and approval:
15.1 Prior to Start of Work
A. Performance and Payment Bonds
B. List of Subcontractors and Suppliers
C. Insurance Certificates
D. Schedule of Operations
E. Cost Breakdown
GR96296.WPD Page 4
15.2 During Process of Work
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ITEMS REQUIREMENTS
Manholes and Special
Structures Submit Shop Drawings
Pipe and
Appurtenances Submit Manufacturer's Data
Valves Submit Manufacturer's Data and O & M
Instructions
Concrete Submit Design Mix & Test Results
Aggregate Base Submit Test Results
Bituminous Submit Design Mix & Test Results
GR-16 QUALITY CONTROL
16.1 Equivalent Equipment and Materials to Those Specified: Requests for review of
' equivalency wiii not be accepted from anyone except the Contractor and such
requests will not be considered until after the Contract has been awarded.
16.2. Laboratory Tests: Laboratory tests shall be conducted by an independent laboratory
and test reports submitted where this type of test is specified. These tests shall be
performed in accordance with ASTM Standards or other applicable standards. The
Contractor shall pay for these tests with no additional compensation from the Owner.
' 16.3 Field Tests:
A. Field tests of equipment, piping systems, control systems, sewer mains, con-
Crete and trench compaction shall be required. The testing of concrete
cylinders will be considered a part of field testing.
B. All testing shall be performed in accordance with applicable standards. The
Contractor shall provide and pay for all the testing with no additional
compensation from the Owner.
' C. The location and elevations of all field tests will be chosen by the Engineer.
Field tests will be witnessed by the Engineer. Field tests will be scheduled by
the Contractor with the approval of the Engineer. It would be to the Contractors
' advantage to schedule these tests as promptly as possible.
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' GR-17 TRENCH BACKFILL
Unless otherwise specified, the density required shall be as follows:
17.1 Above the Granular Encasement
up to three feet below the subgrade of all pipeline
excavations, material shall be compacted to a minimum of 95% of standard proctor
maximum density in accordance with ASTM D698. From three feet below subgrade
to subgrade of all pipeline excavations, backfill shall be compacted to 100 percent of
' standard proctor maximum density in accordance with ASTM D698.
' 17.2 It is anticipated that the trench material in some areas will be over optimum in moisture
content. Dewatering may be necessary to facilitate the installation of the utilities.
During trench excavation, soils that are over optimum moisture shall be separated
' from other soils to prevent moisture transfer to the drier soils. Where inadequate
foundation is encountered, this material shall be excavated to a depth as directed by
the Engineer and Granular Foundation as described in the Standard Utilities
Specifications, Sec. 2621.2, shall be placed and compacted. The cost of this imported
aggregate shall include excavation, disposal of poor material, placement and
' compaction of aggregate and shall be paid for as an extra item.
17.3 The trench backfill shall be brought to the optimum moisture content by the Con-
tractor; either by adding water or by aerating to reduce moisture content, before
compaction shall be attempted. Wet soils should be spread, dried, and stock piled.
If in the opinion of the Engineer and/or with the consultation of a Soils Engineer, and after all
attempts to dry the material have failed, and the material cannot reasonably be dried to
optimum moisture content, the Contractor will be allowed to place the wet material in the
trench backfill above the pipe zone to three feet below subgrade. Density tests will still be
required and the soils must be brought to 95% of the 0 air voids density for the moisture
content of the soil.
' Except for Foundation Excavation and Granular Foundation, the above pipeline backfilling
operations shall be an incidental item to the price bid for the furnishing and installing of the
' pipe.
' GR-18 SAMPLES AND TESTS
Prior to the placement of bituminous surfacing, the Contractor shall submit representative
samples of aggregate mixtures proposed to be used in the bituminous mixture to the
Minnesota Department of Transportation Office of Materials, or a testing laboratory approved
' by the Engineer, for a trial mix design for each mixture designation specified on the drawings.
A copy of the trial mix design shall be given to the Engineer prior to bituminous surfacing.
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The concrete mix design being used by the Contractor shall be submitted to the Engineer for
approval prior to the beginning of concrete work.
f Density tests will be required for the trench backfill, the subgrade and subgrade granular
borrow. The bituminous mixture shall also be tested for compliance with the specifications.
Testing shall be performed as necessary, to ensure adequate quality control is bE:ing
maintained in accordance with the following schedule:
18.1 Trench Backfill -One compaction test and associated Laboratory Proctor Test where
directed by the Engineer, for each 200 linear feet of trench backfilling. Minimum
acceptable densities and elevations shall be as stated in General Requirement -
Trench Backfill. Trench backfilling shall be interpreted to include trenching for sanitary
sewer mains, water mains, storm sewer mains and leads and all services, both
sanitary and water.
18.2 Utility Testing
A. This shall include a conductivity test, a pressure test and a bacterioloclical
pressure test for all water main. For sanitary sewer, testing shall include ari air
test and a deflection test on all gravity flow pipe. Force main shall be
bulkheaded at each end and a water main pressure test will be conducted at
a pressure of at least twice the normal operating pressure.
18.3 subgrade &subgrade Granular Borrow
A. Immediately prior to placing subgrade granular borrow and/or aggregate b<~se,
the subgrade shall be wheel rolled with a loaded dump truck. The Contractor
will be responsible for removing and recompacting any areas that are visually
observed to be unstable.
B. One gradation test will be taken for each 2000 cubic yards of subgrade
granular borrow placed.
18.4 Aggregate Base
A. The Quality Compaction Method will be used for spreading and compacting the
aggregate base. Immediately prior to placing the bituminous mixtures, the
aggregate base shall be wheel rolled with a loaded dump truck. The Contractor
will be responsible for removing and recompacting any areas that are visually
observed to be unstable.
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B. One gradation test will be taken for each 1000 cubic yards of each differing
class of aggregate base used on the project.
GR96296.WPD
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18.5 Concrete
A. One slump test, cylinder and an air test will be required for each day concrete
' is placed, regardless of the amount of concrete used, or one test per 100 c.y.
poured, whichever is greater.
18.6 Bituminous Mixture
A. One composite test for extraction and gradation for every 1000 tons of
bituminous mixture placed.
' B. Compaction operations shall be by the Ordinary Compaction Method.
' Locations where tests are to be conducted or samples obtained will be designated by
the Engineer. All testing sha11 be performed by a recognized independent testing and
' engineering laboratory in accordance with ASTM standards, unless othenNise
specified, at the Contractor's expense. No direct compensation will be made for this
testing. If tests indicate failure to comply with the specifications or borderline
' compliance, testing frequency will be increased as directed by the Engineer. Where
testing shows noncompliance, retesting shall be performed following corrective work.
GR-19 MATERIAL AND EQUIPMENT
' 19.1 Protection of 'JVork and Equipment: The Contractor shall furnish and maintain
satisfactory protection of all equipment and materials.
' 19.2 Substitution and Product Options
' A. After the Contract has been executed, the Owner and Engineer will consider
formal requests for the substitution of products in place of those specified when
' the request is accompanied by complete data on the proposed substitution
substantiating compliance with the Contract Documents, together with a
detailed comparison of costs.
B. When the Contractor submits a request for substitution it is understood to mean
that the Contractor:
' Represents that he has personally investigated the proposed
substitute product and determined that it is equal to or superior
in all respects to that specified;
' Will provide the same guarantee for the substitution that he
would for that specified;
' GR96296.WPD Page 8
Certifies that the cost data presented is complete and that he
waives all claims for additional costs related to the substitution
which may ultimately result;
Will coordinate the installation of the accepted substitute, making
such changes as may be required for the work to be complete in
all respects; and
Will pay all costs of re-design necessary to incorporate substitute
material into the project.
GR-2d STATE APPROVAL
All construction shall comply with current requirements and regulations of the Minnesota
Pollution Control Agency and the Minnesota Department of Health.
GR-21 MAIL SERVICE
It shall be the responsibility of the Contractor to maintain mail service to ali residents within
the construction area during the course of construction. All mailboxes that are disturbed shall
be reset by the Contractor at the completion of construction, as an incidental item.
GR-22 OCCUPATIONAL SAFETY AND HEALTH STANDARDS-EXCAVATIONS
It shall be the responsibility of the Contractor to comply with the excavation standards
identified in the October 31, 1989 Federal Register 29 CFR Part 1926.
C~Ky(i1yEi.WPD Page 9
SPECIAL PROVISIONS
' SP-1 CLEARING 8~ GRUBBING
The Contractor shall dispose of all stumps and branches outside the construction limits.
He shall assume complete responsibility for acceptable disposal of all debris.
SP-2 EXCAVATION 8~ EMBANKMENT
All excavation operations shall be accomplished in accordance with Mn/DOT Specification
2105 except as modified below.
1 2.1 Compaction shall be obtained by the Quality Compaction Method.
2.2 It is estimated that 11,500 cubic yards are excess material and should be
.disposed of on lots as indicated on the plans or as directed by the Owner.
2.3 Topsoil will have to be stripped and stockpiled for later placement on lots and
slopes behind the curb.
2.4 Topsoil respread shall be considered incidental to the Common Excavation bid
item. Excess grading materials on this project shall remain the property of the
Owner and shall be placed as indicated on the plans or directed by the Owner.
2.5 All unit pads as shown on the plans shall be brought to grade. The material shall
be compacted to 100 percent of standard proctor maximum density in accordance
with ASTM D698.
SP-3 SUBGRADE EXCAVATION
The subgrade excavation shall be used only with the approval of the Engineer or his repre-
sentative. This item will be utilized only when the Engineer feels that the street subgrade
is not suitable in its existing state.
This item shall include the excavation and removal from the site. Disposal of this material
will be the responsibility of the Contractor.
' No increase in unit price will be allowed regardless of whether or not a greater or lesser
quantity is used than indicated.
This item will be used onl at the discretion of t
y he Engineer.
SP96296.WPD Pa e
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SP-4 SUBGRADE GRANULAR BORROW
This item shall be utilized only when and where approved by the Engineer.
The Quality Compaction Method will be used on this project.
The Contractor shall not haul any subgrade granular borrow to the project prior to the
Engineers approval.
No increase in unit price will be allowed regardless of whether or not a greater or lesser
quantity is used than indicated.
Subgrade granular borrow will be measured and paid for by loose volume in vehicular
measure of the material delivered and placed.
SP-5 AGGREGATE BASE
Aggregate base courses shall be constructed in accordance with the provisions of Mn/DOT
2211 except as modified below:
Aggregate for base construction shall be Class 5 and shall conform to the
requirements of Mn/DOT 3138. The aggregate shall be sampled, tested, and
inspected prior to being incorporated permanently in the work.
Compaction shall be achieved by the Quality Compaction Method described in
Mn/DOT 2211.3C2.
Aggregate base will be measured and paid for by vehicular measure in cubic
yards of material delivered and placed.
SP-6 CONCRETE CURB 8~ GUTTER
Concrete curb and gutter, sha11 be 28" surmountable according to the City of Albertville's
Standard Detail
The Contractor shall hire an independent testing laboratory to provide a slump test,
cylinder, and an air test for each day of placing concrete. Any concrete not tested as
required by the General Requirements will be removed and replaced.
All curb joints shall be sealed per Mn/DOT Standard Specifications.
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SP-7 BITUMINOUS MIXTURE
The bituminous material used shall be AC-1.
The amount of bituminous material incorporated into the mixture shall be governed by the
design mix or adjustments thereto. Design mixes used by Mn/DOT shall be accepted when
presented in writing to the Engineer. If no Mn/DOT design mix exists, the Contractor shall
supply a design mix to the Engineer, prepared by an independent testing laboratory. The
Contractor shall pay for all costs of producing the design. Compaction shall be obtained
by the Ordinary Compaction Method.
All in-place bituminous and gutters shall have a tack coat applied before new construction
connects to old. Tack Coat shall also be applied between each bituminous course. Tack
shall be applied at a rate of 0.05 gal/s.y.. Bituminous tack coat, materials and application,
shall be considered incidental to the bituminous mixtures.
Bituminous mixtures used shall be as shown on the typical sections in the plans.
SP-8 STORM SEWER PIPE
Payment for these items shall include all excavation and bedding necessary for proper
installation to grade.
Storm sewer pipe not specifically labeled RCP may be supplied as RCP or corrugated
Polyethylene Pipe (dual wall). All pipe that needs to be shortened shall be cut, not broken.
Water tight gasketed joints are required on all pipe installations.
SP-9 STORM SEWER MANHOLES AND CATCH BASINS
Manholes and catch basins will be measured and paid for as a unit. The castings are
included in the price bid for each structure specified.
SP-10 SANITARY SEWER
All sanitary sewer, unless otherwise noted, shall be Poly-Vinyl Chloride (PVC) pipe
conforming to ASTM D-3034, SDR 35, with watertight rubber gaisket joints conforming to
the requirements of ASTM F-477 and ASTM D-3212. In certain iinstances, where 18 inch
vertical crossing separation or 10 foot horizontal separation between water and sewer
lines cannot be maintained, PVC pressure pipe conforming to ASIf M D-2241, SDR 26 shall
be installed. No extra payment will be made for using SDR 26 pipe in place of SDR 35
pipe.
SP96296.WPD Page 3
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When connecting to existing sanitary sewer pipe or manholes, the Contractor will be
required to "ball" the outlet pipe of the nearest existing downstream manhole. The pipe
' will remain blocked until all sanitary manholes are raised just prior to wear course
application.
Prior to removing the ball, all sanitary sewer main on the project shall be cleaned and all
sediment removed from the system.
' Depth zone classifications will be used on this project. Payment will be made at the unit
cost for the individual depth zones as measured from the pipe invert to the top of grading
' grade (i.e., subgrade).
Granular Bedding and Granular Encasement are specified and shall be included in the
' price of the pipe items. Granular Bedding and Granular Enc:asement are defined in
Section 2621.2, F, F1 and F2 of the "Standard Utilities Specifications". This material will
' be required and must be included in the price per lineal foot for sewer installation.
Air tests and deflection tests shall be required on all flexible pipe. Deflection tests shall
' be conducted at least 30 days after the backfill has been in place. No pipe shall exceed
a deflection of 5 percent. The test shall be performed by pulling a mandrel, without the aid
of a mechanical pulling device, through the line. Any pipe not passing the air or deflection
test shall be re-excavated and re-bedded at no cost to the Owner.
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Air tests and deflection tests shall be required on all sanitary sewer lines prior to final
acceptance unless such testing is specifically waived by the Engineer.
SP-11 SANITARY SEWER SERVICES
All sanitary sewer service lines shall be installed using PVC, SDR; 26 meeting the require-
ments of ASTM D-3034, and may be placed in a common trench with the copper water
service, provided a separation distance of 2 feet is maintained.
All adapters, couplings or special fittings required to complete the installation of the wye,
riser pipe and service pipe as shown on the project plans are considered incidental to the
cost of the service wye.
No riser pipe will be allowed if the invert of the sanitary sewer main is within 12.5 feet of
finished centerline grade.
SP96296.WPD Page 4
SP-12 MANHOLES AND VALVE BOXES
Three stage construction of all manholes and valve boxes, where roadway construction
is being accomplished, will be required. This means the casting shall be set to grade for
winter carry over and then adjusted to final grade just prior to the bituminous wear course
construction. No extra payment will be made for this three stage construction
' SP-13 WATER MAIN
All water main construction shall be in accordance with the "Joint Power Water Board
Standard Requirements for Design and Construction of Water Main" dated December,
1996.
All water main shall be PVC, C-900 with tracer wire. The joints shall be rubber gasket,
push-on type. The fittings shall be of the mechanical joint variety.
Bury depths of all water main and service line installations shall k>e 8 feet from top of pipe
to finished grade, or as noted on the Plans.
All water main connections shall be accomplished with a minimum amount of disruption
to service. All water "shut-offs" and "turn-ons" will be conducted by the Joint Powers
Board system operator, Munitech. The Contractor will not be allowed to operate any
valves to control water flow, regardless of whether the Contractor installed the valve or not.
Water service must be maintained to all existing users.
' SP-14 5" HYDRANT
' All outlet hose connections shall be the exact size and threac9 required by the City of
Albertville. Color shall match the Joint Powers Water Board specifications as well. The
upper standpipe on all hydrants provided as part of this project shall be 16 inches in length
and shall provide 24" from the traffic flange to the center of the nozzles. Hydrants and
leads shall have restrained joints.
Hydrants provided shall be Waterous, Pacer WB67-250 hydrants or approved equal and
' shall be provided for an 8 foot-6 inch bury. All hydrants shall b~e provided with the drain
hole plugged. The plugs may be removed on site at the EnginE~ers discretion.
' Each hydrant shall be supplied with a hydrant locator. The hydrant locator shall be a
Hydrafinder, 5 feet in length with reflective striping and without the ball top.
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SP-15 WATER MAIN FITTINGS
Ductile iron fittings are specified. Payment will be made based an the standard weigl;t of
fittings as published in AWWA C-153. The weight of accessories shall be considered
incidental to the weight of the fitting itself.
Ductile iron pipe and/or valves, fittings, and appurtenances, shall be fully encased ire
polyethy'ene film t~f 8 mi! nominal thickness. The film shall be fiurnished in tube form to;
installation on pipe and all pipe-shaped appurtenances such as bends, reducers, offsets;
etc.. Sheet film shall be provided and used for encasing all odd-shaped appurtenan~:e~
M such as valves, lees, crosses, etc.,
Installation shall be in accordance with AWWA C105, Type A.
Suitably restrairee±joint thrust protection is specified in accordance with AWWA C 6~~'~-82
and the Ductile Iron Pipe Thrust Restraint Design Handbook. Suitable joint restrain` sj~all
include tying with threaded rod or Mega-Lug style restrained joints. No poured concretQ
concrete block or wood thrust blocking will be allowed.
SP-16 W
ATER SERVICE
For all service taps, stainless steel saddle shall be used with corporation, l=ord FS30U :~;;
appro~~ed equal.
SP-17 TURF ESTABLISHMENT
17.1 SEED -Mixture No. 600 shall be applied at the rate of 85 pounds per acre.
17.2 ~ERT~LIZER -
Commercial fertilizer, analysis 12-12-12, shall be applied at t~,e
rate of 250 pounds per acre.
17.3 MU1_CH -Type 1 fJ1u!ch shall be applied at the rate of 2 tons per acre.
17.4 DISK ANCHORING is required
17.5 SODDING -Type "A" Sod in accordance with Mn/DOT Specification 387$ is
required. Frior to the placement of the sod, topsoil shall be piace:~ fi~ a deptk: c
four inches.
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SP96296.WPD
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