HomeMy WebLinkAboutRES.709.03-16-1992 BILL NO. 92-53 RESOLUTION NO. °�09
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH PREMIUM MECHANICAL
CONTRACTING CO. FOR THE A.C. BRASE ARENA
BUILDING NEW HEATING AND VENTILATION SYSTEM
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to enter into a
Contract with Premium Mechanical Contracting Co. for the
installation of a new heating and ventilation system at the A.C.
Brase Arena Building. A copy of said Contract is attached to this
Resolution and made a part hereof.
PASSED AND ADOPTED THIS � DAY OF /l,l`.G'1 , 19�.
v _ -
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rancis E. Rhodes, Mayor
ATTEST:
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Ki berly A ruett, Deputy City Clerk
cor�cr
NEW H�ATING AND VENTILATION SYSTEM FOR A.C. BRASE ARE;NA BUILDING
CAPE GIRARDEAU, MISSOURI
This Contract rnade and entered into this 2nd day of March ,
1992, by and between the City of Cape Girardeau, Missouri, a Municipal
Corporation, acting by and through its City Manager, as authorized by the City
Council, hereinafter called the "City", and Premium Mechanical Contracting Co.,
authorized to do business in Missouri, hereinafter called the "Contractor";
WITNESSETH:
1. DESCRIPTION OF WORK.
_ Contractor, for and in consideration of the payments to be made as
hereinafter provided, hereby agrees at his own expense, to perform all of the
labor and services, and to furnish all of the materials and equipment necessary
to complete this contract in accordance with the terms, conditions and
provisions thereof, including the Contract Documents, which are hereto attached
and made a part of this Contract. The work of the improvement shall consist of
the following:
Furnish and install a new heating and ventilation system in the A.C. Brase
Arena Building at Cape Girardeau, Missouri, in compliance with the
specifications and drawings.
2. PAYf�1ENT.
Payment for sair� improvement shall be made at the price bid by the
Contractor, as set out in the BID FORM, which is attached hereto and made a
part hereof, and shall be full compensation for furnishing and installing the
WORK complete in place, including all labor, equipment, materials, accessories
and incidentals. The total payment is as follows:
Thirty Four Thousand One Hundred Sixty Fight and 91/100 Dollars ($34,168.91)
Payment to the Contractor shall be made from the general revenue of the
City with monthly estimates to be made to the Contractor for work completed,
less ten per cent (10�) retainage. Final payment to be made within ten (10)
days of final acceptance of the work by the City Council.
3. CONTRACT TIME-LIQUIDATED DAP'IAGES-EXTEL�TSION OF TIME.
The Contractor hereby agrees to begin said work and improvement not later
than ten (10) days after the execution of this contract and hereby agrees to
substantially complete the same not later than sixty (60) calendar days after
the execution of this contract. The work shall be completed not later than
ninety (90) calendar days after the execution of this contract. The contractor
shall schedule work around activities at the site with the owner.
Time of completion is of the essence of this contract and should the
Contractor fail to complete the work within the number of days as set out
above, it is mutually understood and agreed between the parties hereto that
considerable damage will be sustained by the City, but that it will be
difficult, if not impossible for the City to establish either the full extent
or the amount of damage under the ordinary rules of evidence.
It is therefore understood and agreed by and between the parties hereto
that the payment by the Contractor to the City of the sum of One Hundred
Dollars ($100.00) per day for every day, except Sundays and holidays, the
contractor fails to substantially complete the work to be done under this
contract as liquidated damages which the City will suffer by reason of the
default, and not by way of a penalty.
It is also understood and agreed by and between the parties hereto that
the payment by the Contractor to the City of the sum of One Hundred Dollars
($100.00) per day for every day, except Sundays and holidays, the contractor
fails to complete the work to be done under this contract as liquidated damages
which the City will suffer by reason of the default, and not by way of a
penalty.
The time of completion as above set out shall determine the date after
which liquidated damages shall begin. In the event the City Council should
pass a resolution extending the time in which the work shall be completed, such
extension of time shall not void the provisions for the assessment of
liquidated damages above described. The City Council, may hou�ver, for good
cause shown, such as unfavorable weather, material shortages, strikes, war, an
Act of God, or similar cause, waive the provisions for liquidated damages and
set a new date of completion, which date shall govern the time when liquidated
damages shall begin.
4. APPROVAL OF THE 6dORK AND COMPLETION OF CONTRACT.
The Contractor, upon the completion of said work and improvement, shall
notify the Engineer of such fact. The Engineer shall thereupon inspect said
work and make a written report to the City Council, and the City hereby agrees
that upon the approval of said report, and provided said work is completed in
accordance with the terms of this contract, it will make payment to the
Contractor as hereinbefore provided.
5. CONTRACT DOCUMENTS.
It is agreed between the Parties to this contract that the plans,
specifications, both general and detailed, the standard specifications approved
and adopted by the City Council and on file in the Office of the City Clerk,
and all resolutions and ordinances and proceedings by the City Council
pertaining in any detail whatsoever to the work included under this contract,
including the BID FORM submitted by the Contractor to the City Council shall be
and constitute integral parts of this contract as though set out in words and
figures herein.
6. INDEMNITY TO CITY.
Contractor agrees to file with the City prior to the co�nencement of the
work, a certificate of insurance naming the City as a co-insured, showing that
the Contractor has in force for a period equal to the period of this contract a
policy of general liability insurance insuring the Contractor against liability
for personal injuries arising out of the contract in a minimum amount of
$100,000.00 for injury to any one person and $1,000,000.00 for inju.ries
received in any one accident and for property damage arising out of the
contract in the minimum amount of $100,000.00; and the Contractor hereby binds
himself to indemnify and save harmless the City of Cape Girardeau from all
claims, damages, suits and actions of every name and description brought
against the said City for or on account of any injuries or damages received or
sustained by any parties or party by or from the acts of the Contractor, or his
servants or agents, in doing the work herein contracted for, or by or in
consequence of any negligence in guarding the same, or on account of any
improper materials being used in construction, or by or on account of any act
or omission of the Contractor, or his servants or agents.
7. CON1'RACTOR'S SURETY.
The Contractor agrees to provide a notarized Waiver of Lien for all
materials and labor for the project to the City prior to receiving payments for
the Work.
8. NO LVAIVER OF FUTURE BREACH.
The failure of either Party to insist, in any one or more instances, on a
strict performance of any of the terms or the conditions of this agreement, or
to exercise any right herein contained, shall not be construed as a future
waiver or a relinquishment of said rights, terms or conditions, but the sarie
shall continue and remain in full force and effect. None of the terms or
conditions or this Agreement shall be altered, waived, modified or abandoned in
any manner except by written instrument executed by both parties.
9. PARTIES F30tJIVD.
This contract is binding upon the Parties hereto and their successors and
assigns.
IN WITNESS WEIEREOF, the City of Cape Girardeau, l�issouri, has caused this
agreement to be signed by its City r4anager and attested by its City Clerk, with
the corporate seal of the City and Premium Mechanical contracting, Co. has
hereto by and through its authorized representative, affixed its name the day
and year first above written.
CITY OF CAPE GIRARDEAU, MISSOURI
/,
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ST: d,� onald Fischer, City Manager
���' ; �;,
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Ju ' 'A. Dale, Deputy City Clerk
PREMIUM MECHANICAL CONTRACTING C0.
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Roge Po , General P tner
ATTEST:
� � �
� �.�� �,I. �--�����.
✓
R, Jo Johann s, General Partner
('.I'y�d Name & Title of Signer)
BID FORM � .
PROJECT IDENTIFICATION: New Heating and Uentilation System for the A.C. Brase
Arena Building, Cape Girardeau, r4issouri
CONTRACT IDENTIFICATION AND NUh'IB�R:
THIS BID IS SUBMIZTED TO: Mayor and Councilmen
City of Ca� Girardeau, r4issouri
City Hall
401 Inde��endence Street
Cape Girardeau, Missouri 63701
l. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to
enter into an agreement with OWN�R in the form included in the Contract Docwnents
to perform and furnish all Work as specified or indicated in the Contract Docu-
ments for the Contract Price and within the Contract Ti.me indicated in this Bid .
and in accordance with the other terms and conditions of the Contract Documents.
2. BIDDER accepts a11 of the terms and conditions of the Advertisement or Invi-
tation to Bid und Instructions to Bidders, including without limitation those
dealing with disposition of Bid security. This Bid will remain subject to
acceptance ior forty-�ive days after the day of Bid opening. BIDDER will sign
and submit the Agreement with the Bonds and other documents required by the
Bidding Requiremen�ts within fifteen days after the date of - OTn7[�TII�'s Notice of
Award.
3. Ir. submitting this Bid, BIDDliR represents, as more Fully set forth in the
Agreernent, that:
(a) BIDDER has examined copies of a11 the Bidding Documents and of the following
Addenda (receipt of all which is hereby acicnowledged) :
ate Number
� - f� - y� �..�
(b) BIDDER has farriiliarized itself with the nature and extend of the Contract
Documents, Work, site, locality, and all local conditions and Laws and
Regulations that in any r,tianner may affect cost, progress, performance or
furnishing of the Work.
(c) BIDDER has given Ei�1GINEER written notice of all conflicts, errors or
discrepancies that it has discov�red in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to BIDDER.
EJCDC No. 1910-I8 (1983 Edition)
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4. BIDDER will complete the Work as listed below:
BIDD�R will furnish and install the new heating and ventilation system in
the A.C. Brase Arena Building, Cape Girardeau, rlissouri, for the following
LUMP SUM CONTRACT PRICE:
�irt4--�our-{�nuSahr,�on� hunC�rPd s�x��r-e��rh-�c#�IIaV; c�hc� �%o (S 3�, ! �g- � � }
use words J (figures)
Please provide the tollowing breakdown cost:
The cost to L-urnish and install the three exhaust fans and rel�ted curbs,
ducting, grilles, electrical, and other items is approximatel.y:
��fX �"�lOUSQv�� s�.v�n hun�yQU�cr�y -Tc�u�- C,`o��nVs ahc� /ou �$ ��7 �7". �c4 )
use words (figures)
5. �IDDER agrees that the Work will i�e substantially complete and completed and �
ready for final payment in accordance with paragraph 14.13 of the General
Conditions on or }�fore the dates or within the number of calendar days
indicated in the Agreement.
6. The following docurients ar� attached to and made a condition of the Bid:
(a) Required Bid Security in the .forni of GQSn�erS cheek
7. Communications concerning this Bid shall be addressed to:
Poq o_r �o P� P'r2mi ��w� rnechah�CQ-1 Cov�-�rctC,�{-�'hc� Co
3�30 +Z�dt-�e f�oac�
JcLC�C So n , p'�o , c�3�7a� ,
II. The terms used in this Bid wnich are defined in the General Conditions of
the Construction Contract included as part of tlze Contract Documents have the
meanings assigned to them in the General Conditions.
SUBMIZTED on r�,b r ua�r�t 2J� , 19 �.Z
IF BIDDER is:
An Individu�l
g�, (SEAL)
(Individual's Dlam�)
doing business as
Business Address: -
Phone No. :
A Partnershi /� I 1
$y I ' �2L',V1Q1'\l �'Cl, �t-'Y1 I Y'0.�',�i V1 �O. �S�Z,�
(F'1 YTTl NaITlC'�
�� �,
oc�er P� �i�� '� General Partner) .1� r Jcha�nes
Business Address: ��30 ���G�q P �o�t
J��� k s o n ��o c� 3-r�s— —
Phone No.: (�1�)• d�3 - 39l�
2
, � , . � . .
A Corporation
By
(Corporation Narie)
(state of incorporation)
By
(Name of r�rson authorized to sign) �
(Title)
(Cornorate Seal)
1�ttest
(Secretary)
Business Address:
Phone No. :
A Joint Venture
By
(N�nc)
(Address)
By
(N�me)
(Address)
(Eacn joint venturer must sign. The manner of signing for each
individual, partnership and corporation that is a party to t}ze joint
venture should i� in the manner indicated at�ove) .
3
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c�t�.«�L'and �n �n����n
9 9
, THOMAS H. STRICKLAND. P.E. - CONSULTING ENGINEER
�
P.O. BOX 159 • 626 W. MAIN • JACKSON, MO 63755 • 1314) 243-4080
February 27, 1992
Mr. J. Kensey Russell, P.E.
City Engineer
City of Cape Girardeau, Missouri
City Hall �
401 Independence Street
Cape Girardeau, Missouri 63701 �
REF: New Heating and Ventilation System for the A.C. Brase Arena Building
Dear Kensey,
I recommend that the City of Cape Girar�leau enter into a contract with Premium
Mechanical Contractors Company to furnish and install the New Heating and
Ventilation System for the A.C. Brase Arena Building, Cape Girardeau, Missouri.
Their bid of $34,168.91 is below my estimate of $50,000.00 for the project.
I have wor?ced with Roger Popp on 2 projects when he was with Dutch Enterprises,
Inc. The quality of his work was very good. He is also a fine person to work
with on a project. I have been told that John Johannes also is a quality
worJ�nan.
Attached are 3 sets of doc�nnents which are ready for signatures. I ask that
you take care of all con�nunications for executing the contract. I will then
get wit'n the Contractor after the Contract has been executed.
Please let me know if you have any questions.
Sincerely,
Thomas H. Strickland, P.E.
Tf35:ch
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� PROJECT MANCTAL WITH SPECIFICATIONS
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� A.C. BRASE ARENA BUILDING
NEW HEATING AND VENTILATION SYSTEM
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for
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City of Cape Girardeau, rdissouri
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d���a�p1`i��l�s��,r
```�,��� ...., �'',•�,.
�~�'*�;��THOMAS..H.•��°�
` ��b: S7RICKLAN D �;�W
w�� NUMB[R =�'"=�
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���; E-18925 .''��
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Prepared by:
� STRICKLAND ENGINEEI2ING
Jackson, Missouri
r`
January 21, 1992
� Sl_-� rJt� , i3
�
� �'�����c�.n� �'YL LYLE�'ZLYL
9 9
� , THOMAS H. STRICKLAND, P.E. - CONSULTING ENGINEER
�
P.O. BOX 159 • 626 W. MAIN • JACKSON, MO 63755 • f314! 243-4080
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February 17, 1992
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� �n���M r10. 1
Project: A.C. Brase Arena Building New Heating and Ventilation System for
rCity of Cape Girardeau, Missouri.
t
F�" r?OTICE TO HOLDERS OI' PLANS AND SP�CIFICATIONS
The original plans and specifications dated January 21, 1992, shall be changed
— as follows:
� The 7 1/2 Ei.P. fan motor i'or HUl and �IU2 (option �k4) shall k�e an open
drip pro�f mo�tor instead of T.E.F.C. as specified.
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I TABLE OF CONTENTS .
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COVER PAGE
� TABLE OF CONTENTS
INVITATION TO BID
� INSTRUCTIONS TO BIDDERS
�,,, BID FORf�1
GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT
- SUPPLEMENTARY CONDITIONS
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P.REVAILING WAGE DETERMINATION
� PR�VAILING WAGE COMPLIANCE AFFIDAVIT
AGREEMENT
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SP.ECIFICATIONS
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� INVITATION TO BID �
'- CITY OF CAPE GIRARDEAU, MISSOURI
Notice is hereby g.iven that the City of ^.ape Girardeau, Missouri, (OWNER) , wi.11
_ accept sealed bids from contractors for the instfallation of a new heating and
ventilation system in the A.C. Brase Arena Building at Cape Girardeau,
Missouri. Bids will be accepted until 10:00 a.m. on February 25, 1992, at the
Office of the City Engineer, City Hall, 401 Independence Street, Cape
� Girardeau, P�issouri 63701. At that time bids will be publicly opened and re�d
aloud in the Office of the City Engineer.
� Each bid must be accomr�anied by a Bid Security in the amount of five percent of
the Bidder's maximum bid price. The Owner reserves the right to reject the bid
of any bidder who does not pass any evaluation to Owner's satisfaction.
"' Bid and Contract doc�nents may be seen at the office of Strickland Engineering,
; 626 W. Main, P.O. Box 159, Jackson, Missouri 63755 (314-243-4080) or at the
Office of the City Engineer. Bona fide contractors may o}�tain a copy of the
documents at the office of Strickland Engineering.
� All wa es aid for work under this Contract shall com 1 wi h
9 P p y t requirements of
the prevailing wage law of the State of P�issouri, Sec. 290.210 through 290.340,
� R.S. Mo. 1978, as amender3.
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� INSTRUCTIONS TO BIDDERS
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1. Def ined Terms.
_ Terms used in these Instructions to Bidders which are defined in the Standard
General Conditions of the Construction Contract (No. 1910-8, 1983 ed. ) have the
` meanings assigned to them in the General Conditions. The term "Bidder" means
one who submits a Bid directly to Owner, as distinct from a sub-bidder, who
� submits a bid to a Bidder. i'he term "Successful Bidder" means the lowest,
qualified, responsible and responsive Bidder to whom Owner (on the basis of the
Owner's evaluation as hereinafter provided) makes an award. The term "Bidding
f* Documents" includes 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) .
2. Copies of Bidding Oocuments.
�
2.1 Complete sets of the Bidding Documents in the ntut�ber and for the deposit
� sum, if any stated in the Advertisement or Invitation to Bid may be obtained
from Engineer. The deposit will be refunded to document holders of record who
return the Bidding Documents in good condition within ten days after opening of
', Bids.
2.2. Complete sets of Bidding Documents must 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.
E
?_.3. Owner and Engineer in making copies of Bidding Documents available on the
r above terms do so only for the purpose of obtaining Bids on the Work and do not
Iconfer 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, present corrnnitments and other such data as
f may be requested.
� 4. Examination of Contract Documents and Site.
It is the responsibility of each Bidder before submitting a Bid, to (a) examine
the Contract T�ocuments thoroughly, (b) visit the site to become familiar with
� local conditions that may affect cost, progress, performance or furnishing of
the Work, (c) consider federal, state and local Laws and Regulations that may
affect cost, progress, performance or furnishing of the Work, (d) study and
I^ carefully correlate Bidder's observations with the Contract Documents, and (e)
� notify Engineer of all conFlicts, errors or discrepancies in the Contract
Documents.
� F7CDC No. 1910-17 (1983 Edition)
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� 5. Interpretations and Addenda.
� 5.1. All questions about the meaning or intent of the Contract Documents are to
be directed to Fngineer. Interpretations or clarifications considered necessary
by Engineer in response to such questions will be issued by Addenda mailed or
_ delivered to all parties recorded by Engineer as having received the Bidding
Documents. (�uestions received less than ten days prior to the date for opening
; of Bids m�y not }� answered. Only questions answered by formal written Addenda
will be binding. Oral and other interpretations or clarifications will be
� without legal effect.
5.2. Addenda may also be issued to modify the Bidding Documents as deemed
r, advisable by Owner or Engineer.
6. Bid Security.
" 6.1. Each Bid must be accompanied by Bid security made �yable 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
� nrescribed) issued by a surety meeting the requirements of Paragraph 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 the Bid security will be returned. If the Successful Qidder fails to
execute and deliver the Agreement and furnish the required contract security
— within fifteen days af�ter 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 other Bidders 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 or the forty-sixth day after the Bid
opening, whereupon Bid security furnished by such 1Bidders will be returned. Bid
security with Bids which are not competitive will be returned within seven days
�"' after the Bid opening.
7. Contract Time.
The numbers of days within which, or the dates by which, the Work is to be
� substantially completed and also completed and ready for final payment (the
Contract Time) are set forth in the Bid Form and the Agreement.
I 8. Liquidated Damages.
� Provisions for liquidated damages, if any, are set forth in the Agreement.
9. Substitute or "Or-Equal" Items.
� The Contract, if awarded, will be on the basis of riaterials and equipment
described in the nrawings or specified in the Specifications without
consideration of possible substitute or "or-equal" items. Whenever it is
� indicated in the Dr�awings or specified in the Specifications that a substitute
or "or-equal" item of material or equipment rnay be furnished or used by
Contractor if acceptable to Engineer, application for such acceptance will not
� be considered by Engineer unti.l after the Effective Date of the Agreement. The
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by Engineer is set forth in Paragraphs 6.7.1 and 6.7.3 of the General Conditions
� and may be supplemented in the General Requirements.
10. Subcontractors, Suppliers and Others.
'- 10.1 If the Supplementary Conditions require the identity of certain
i Subcontractors, Suppliers and other persons and organizations (including those
who are to furnish the principal items of material and equipment) to be
� submitted to Owner in advance of the specified date prior to the EffectivP Date
of the Agreement, the apparent Successful Bidder, and any other F3idder so
requested, shall within seven days after the Bid opening submit to Owner a list
� of all such Subcontractors, Suppliers and other persons and organizations
proposed for those portions of the Work for which such ic3entification is
required. Such list shall be accompanied by an experience statement with
pertinent information regarding similar projects and other evidence of
' qualification for each such Subcontractor, Supplier, person or organization if
f requested by Owner. If Owner or Engineer after due investigation has reasonable
objection to any proposed Subcontractor, Supplier, other person or organization,
either m�y before the Notice of Award is given request the apparent Successful
� Bidder to submit an acceptable substitute without an increase in Bid price.
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 subcontract 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, Supplier,
other person or organization against whom Contractor has reasonable objection.
F ' 11. Bid Form.
� 11.1. The Bid Form is included with the Bidding T�ocuments; additional copies may
be obtained from Engineer.
— 11.2. All blanks on the Bid Form must be completed in ink or by typewriter.
11.3. Bids by corporations must be executed in the corporate name by the
president or a vice-president (or other corporate officer accompanied by evidence
� of authority to sign) and the corporate seal must be affixed and attested by the
secretary or an assistant secretary. The corporate address and state of
incorporation must be shown below the signature.
� 11.4. Bids by partnerships must be executed in the partnership name and signed
by a partner, whose title must appear under the signature and the official
�, address of the partnership must be shown below the signature.
� 11.5. All names must i�e typed or printed below the signature.
� 11.6. The Bid shall contain acknowledgement of receipt of all Addenda (the
numbers of which must be filled in on the Bid Form) .
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� 11.7. The address and telephone rnunber for co�nunications regarding the Bid must �
be shown.
� 12. Submission of Bids.
Bids shall be submitted at the time and place indicated in the Advertisement or
— Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with
� the Project title (and, if applicable, the designated portion of the Project for
which the Bid is submitted) and name and address of the Bidder and accompanied by
� the Bid security and other required documents. If the Bid is sent through the
mail or other delivery system, the s�aled envelope shall be enclosed in a
separate envelope addressed to the P�ayor and Councilmen, City of Cape Girardeau,
Missouri, in care of the City Clerk with the notation "BID ENCLOSED" on the face
r" of it.
13. Modification and Withdrawal of Bids.
13.1. Bids may be modified or withdrawn by an appropriate document duly executed
4 (in the manner that � Bid must be executed) and delivered to the place where Bids
are to be submitted at any time prior to the opening of Bids.
I 13.2. If, within twenty-four hours after Bids are opened, any Bidder files a
duly signed, written notice with Owner and promptly thereafter demonstrates to
�^ the reasonable satisfaction of Owner that there was a material and substantial
mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the
Bid security will be returned. Thereafter, that Bidder wi11 be disqualified from
_ further bidding on the Work to be provided under the Contract Documents.
� 14. Opening of Bids.
� Bids will be opened and (unless obviously non-responsive) read aloud publicly
An abstract of the amounts of the base T3ids and major alternates (if any) will be
made available to Bidders after the opening of Bids.
� 15. Bids to Remain Subject to Acceptance.
,_ All bids will remain subject to acceptance for forty-five days after the day of
the Bid opening, but Owner may, in its sole discretion, release any Bid and
return the Bid security prior to that date.
� 16. Award of Contract.
16.1. Owner reserves the right to reject any and all Bids, to waive any and all
� informalities not involving price, time or changes in the �•�ork and to negotiate
contract terms with the Successful Bidder, and the right to disregard all
nonconforming, nonresponsive, unbalanced or conditional Bids. Also, Owner
reserves the right to reject the Bid of any Bidder if Owner believes that it
� would not be in the best interest of the Project to make an award to that Bidder,
whether because the Bid is not responsive or the Bidder is unqualified or of
doubtful Financial ability or fails to meet any other pertinent standard or
r' criteria established by Owner. Discrepancies in the multiplication of units of
Work and unit prices will be resolved in favor of the unit prices. Discrepancies
between �the indicated sum of any column of figures and the correct sum thereof
— will be resolved in favor of the correct sum.
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� 16.2 In evaluating Bids, Owner will consider the qualifications of the Bidders, �
� whether or not the Bids comply with the prescribed requirements, and such
alternates, unit prices and other data, as may be requested in the Bid Form or
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prior to the Notice of Award.
16.3. Owner may consider the qualifications and experience of Subcontractors,
� Suppliers, and other persons and organizations proposed for those portions of the
Work as to which the identity of Subcontractors, Suppliers, and other persons and
organizations must be submitted as provided in the Supplementary Conditions.
� Owner also may consider the operating costs, maintenance requirements,
performance data and guarantees of major items of materials and equipment
proposed for incorporation in the Work when such data is required to be submitted
prior to the Notice of Award.
� 16.4. Owner may conduct such investigations as Owner deems necessary to assist
in the evaluation of any Bid and to establish the responsibility, qualifications
� and financial ability of Bidders, proposed Subcontractors, Suppliers and other
persons and organizations to perform and furnish the Work in accordance with the
Contract Documents to Owner's satisfaction within the prescribed time.
� 16.5. If the contract is to be awarded, it will be awarded to the low�st Bidder
' whose evaluation by Owner indicates to Owner that the award will be in the best
interests of the project.
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16.6. If the contract is to be awardec3, O�nmer will give the Successful Bi�der an
Notice of Award within fifteen days after the day of the Bid opening.
17. Contract Security.
Construction performance bonds and construction payment bonds are not required
� for this project. However, the Contractor shall be required to provide a
notarized Waiver of Lien for all materials and labor for the project to the
Owner prior to receiving payments for the work.
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18. Prevailing Wage.
_ Not less than the prevailing hourly rate of wages specified by the Missouri
Division of Labor Standards shall be paid to al1 worlanen performing work under
� the contract for the Work. The Contractor shall comply with all sections of the
P+iissouri Prevailing Wage Law. The Prevailing Wage Determination for the project
is included in the project manual.
C
The Contractor shall forfeit as a penalty to the state, county, city and county,
� city, town, district, or other political sub-division on whose behalf the
contract is made or awarded, ten dollars for each wor}cer employed, for each
calendar day, or portion thereof such worker is paid less than the said
stipulated rates for any work done under said contract, by the contractor or by
— any subcontractor under them. Section 290.250.
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Before final payment is made an a.ffidavit must be filed by the contractor
� stating that he has fully complied with the Prevailing Wage Law. Payment cannot
be made unless and until this affid�vit is filed in proper form and order.
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� 19. Signing of Agreement.
�+ When Owner gives a Notice of Award to the Successful Bidder, it will be
accomnanied by the required number of unsigned counterparts of the Agreement with
all other written Contract T�ocuments attached. Within seven days thereafter
_ Contractor shall sign and deliver the required number of counterparts of the
Agreement and attached documents to Owner. Within seven days thereafter Owner
� shall deliver one fully signed counterpart to Contractor. Each counterpart is to
be accompanied by a complete set of Drawings with appropriate identification.
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� BID FORM
� PROJECT IDENTIFICATION: New Heating and Ventilation System for the A.C. Brase
Arena Building, Cape Girardeau, r4issouri
... CONTRACT IDENTIFICATION AND NUMBER:
F THIS BID IS SUBMITTED T0: Mayor and Councilmen
City of Cape Girardeau, r4issouri
r City Hall
� 401 Independence Street
Cape Girardeau, Missouri 63701
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1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to
enter into an agreement with OWN�R in the form included in the Contract Documents
to perform and furnish all Work as specified or indicated in the Contract Docu-
ments for the Contract Price and within the Contract Time indicated in this F3id
F 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 Invi-
� tation to Bid and Instructions to 3idders, including without limitation those
dealing with disposition of Bid security. This Bid will remain subject to
�„ acceptance for forty-five 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 O�n1NER's Notice of
Award.
i 3. In submitting this Bid, BIDDER represents, as more fully set forth in the
Agreern�nt, that:
� (a) BIDDER has examined copies of all the Bidding Documents and of the following
Addenda (receipt of all which is hereby acknowledged) :
� Date Number
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� (b) BIDDER has familiarized itself with the nature and extend of the Contract
Documents, 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 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.
�
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EJCDC No. 1910-18 (1983 Edition)
1
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� 4. BIDDER will complete the Work as listed below: '
� BIDDER will furnish and install the new heating and ventilation system in
the A.C. Brase Arena Building, Cape Girardeau, Missouri, for the following
LUMP SUM CONTRACT PRICE:
�$ )
use words (figures)
� Please provide the following breakdown cost:
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The cost to furnish and install the three exhaust fans and related curbs,
r ducting, grilles, electrical, and other items is approximately:
($ )
_ use words (figures)
' 5. BIDDER agrees that the Work will be substantially complete and completed and
ready for final payment in accordance with paragraph 14.13 of the General
(� Conditions on or before the �ates or within the number of calendar days
N indicated in the Agreement.
r 6. The following documents are attached to and made a condition of the Bid:
(a) Required Bid Security in the form of
7. Communications concerning this Bid shall be addressed to:
� 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.
� SUBMITTED on , 19
IF BIDDER is:
F An Individual
gy (SEAL)
� (Individual's Name)
doing business as
� Business Address:
Phone No.:
�' A Partnership
� BY (SEAL)
(Firm Name)
�
General Partner)
Business Address:
Phone No.:
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rA Corporation �
BY
r, (Corporation Nar,ie)
(state of incorporation)
BY
— (Name of person authorized to sign)
(Title)
^
� (Corporate Seal)
r Attest
(Secretary)
Business Address:
" Phone No.:
A Joint Venture
r. By
` (Name)
� (Address)
By
(Nazne)
" (Address)
� (Each joint venturer must sign. The manner of signing for each
�. individual, partnership and corporation that is a party to the joint
` venture should be in the manner indicated aY�ove) .
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This document has important Icbal conscqucnccs: consult�Uiun with tin attorncy is cncouragcd with
respect to its completion or modification.
� STANDARD
,�
- GEN�RAL CONDI�'IONS
OF 7CHE
CONSTRUCTION CONTRAC�
^ Prepared by
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Engineers Joint Contract Documents Committee
�*
and
— Issuecl and Published Jointly By
�
NG f,y AMERICAN
� � �� c y SOGETY Oi'
. ., � � y r� CIVIL �
o A � ENGINEERS
`�i �' �OUNOED
�AI � �' �, �\ 1852
p�N�\
�:
I / PI�OFESSIONAL ENGINE�RS IN PRIVATI; PRACTICE
A p'racticc� clivision of thc�
�++ NATIONAL SOCI�TY OF PROP�SSIONAL ENGINEGRS
f
AMERICAN CONSULTING �NGINE�RS COUNCIL
�
AMERICAN SOCIETY OF CIVIL �NGINEERS
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� CONSTRUCTION SP�CIPICATIONS 1NSTITUTE
�
This document has been approved and endorsed by
� U�';;u7�,'``°'n�.�...�._„_� . .
r � j4�=
The Associated General ;".���; Contractors of America
/Y11h�
� These General Conditions have bcen prcpared for use with the Owner-Contractor Agreements (No.
r 1910-8-A-1 or 1910-R-A-2, 1983 editions). 1'heir provisions .ire intcrrelated and a change in one may
necessitatc a change in thc othcrs.Comments conccrning their usasc.trc conlaincd in the Commer�t�u•y
on Agreements for Engineering Scrvices and Contract Documents, No. 1910-9, 1981 edition. For
.� guidance in thc preparation of Supplemcntary Conditions, see Guide to the Preparation of Supple-
— mentary Conditions (No. 1910-17, 1)83 edition). When bidding is involved, the Standard I�orm of
� Instructions to 13idders (No. 1910-12, 1983 edition) may be used.
r G1CDC No. 1910-5(1983 Edition)
NcprioicJ 2/M7
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O 1983 Nationai Society of Profcssional Enginecrs
1420 King Strcet, Alexandria, VA 22314
American Consulting Enginccrs Council
1015 ISth Strcct, N.W., Washington, D.C. 20005
Amcrican Socicty of Civil Enginccrs —
345 East 47th Strcct,Ncw York,NY ]0017
Construction Specifications lnstitutc
601 Madison St.,Alexandria, VA 22314 �"
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�n TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
"' Nrrmber Ti�le Page
� I DEFINII'IONS ...................................................... 7
� 2 PR�LIMINARY MATTERS ........................................ 8
3 CONTRACT DOCUMENTS:
INTEN'I', AMENDING AND RGUSE ............................... 9
� 4 AVAILAI3ILITY OF LANDS;PI-IYSICAL CONDITIONS;
' REF�RENCE POINTS .............................................. 10
5 I�ONDS AND INSURANCE ........................................ 11
� 6 CONTRACTOIt'S RESPONSIBILITII;S .............
............... 14
� 7 OTHER WORK ..................................................... 18
S O�VNL'R'S R�SPONSIQILI'1'IES .................................... 19
� 9 GNGINEGR'S STATUS DURING CONSTRUCTION .............. 19
10 CHANGBS IN THE WORI< ......................................... 21
� 11 CI-{ANGE Or CONTRACT PRICF .................................. 21
12 CHANGL-:OP CON'TRACT TIMr ................................... 24
�"' 13 WARRANTY AND GUARANTGi:;TGSTS AND
` INSPGCTIONS;CORRECT[ON, RGMOVAL OR
ACCI:P'I'ANCG OP DEPrCTIVE WORK ........................... 24
� 14 I'AYMEN7'S 7'O CON'I'RACT012 AND COMPLL"CION ............ 26
IS SUSPGNSION OI'VVORK AND TERMINATION .................. ?9
16 AItl31TRA'flON ..................................................... 31
� l7 MISCELLANrOUS ................................................. 32
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INDEX TO GLNERAL CONDITIONS
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Artrc•le nr Purugruph
Nrrmher
Acc:cptancc ol'Insuranrc ............................. 5.13 CunU'a�lur's Warranty uf'I'iUc ........................ 14.3 "'
Acccss to thc Work .................................. I i.2 Contracwrs-uthcr ...................................... 7
Addenda-dcfinition of(scc dctinition ol' Contractual Liability lnsurancc ........................ 5.4
Spccifications) 1 Coordinating Contr.�ctor-dcfinition uf ................ 7.4
Agrccmcnt-dcfinition ol' ................................ I Coordinatiun .......................................... 7.4
All Risk Insurancc ................................. 5.6 Corics of Documcnts .................................. 2.2
.... _
Amcndmcnt, Writtcn I, 3.1.1 Corrcction ur Rcmoval uf Dcfcctivc Work ........... 13.11
.............................
Application for Paymcnt-�c(initi�m c�f ............. I Currcction Pcriu�l, Onc Ycar ........................ 13.12 _
.....
Applicxtion for Paymcnt, I�inal ...................... 14.12 Corrcction, IZcmoval or Acccptancc of Dcfcctivc
Application for 1'rogress Paymcnt ................... 14.2 Work-in gcncral ........................... 13.11-13.14
Application for Progress Paynicnt-rc��ic�v of .... 14.4-14.7 Cost-nct �ccrcasc ................................. 11.G.2 _
Arbitration ............................................. IG Cost uf�Vork .................................... 11.4-I I.5
Authurized Vari;ition in Wc�rk ......................... 9.� Costs, s��rri��»o�,�al ................................ 11.4.5
Avail�ibility ol'Lan�s .................................. 4.1
Award, Noticc of-dcfincd .............................. 1 Day-dclinition of ....................................... ; J
Dcfc�r�irc-dcfinition of .................................
I3cfore St<u�ting Construction ...................... 2.5-?.7 D�Jcctire Work, Acccplancc of...................... 13.13
L3id-cicfinitiun of ....................................... I U�frc�ire Work, Corrcction or Rcmoval of .......... 13J 1 �
L3onds and lnsurancc-in gcncrs�l ........................ 5 Ucfi�cvirc•Work-in gcncral ............... 13, 14.7, 14.1 I ..�
l3onds-delinilion of..................................... 1 Uejeclive Work, Rejecting ............................. 9.6
13onds, Delivery of ............................... 2.1,5.1 Definitions .............................................. 1
Bonds, Ycrfurmancc and Othcr .................... 5.1-5.2 Dclivcry of Bunds ..................................... 2.l
Dctcrmination for Unit Priccs ........................ 9.10 -�
Cash Allowanccs ..................................... I t.8 Disputcs, Dccisions by Enginccr................. 9.11-9.12
Change Order-definition of ............................. 1 Documcnts,Copics of ................................. 2.2 '� �
i,
Changc Ordcrs-to bc cxccutcd ...................... 10.4 Documcnts, Rccord .................................. 6.19 `
Changcs in thr N�ork ................................... 10 Documcnts, ltcusc .................................... 3.G
Claims, \'Vaivcr of-on �inal I'aymcnt ............... 14.16 Drawings-Jc(inition of ................................. I I
Clarifications an�l Intcrrrctations ...................... 9.4
Clcaning ............................................. 6.17 Lascmcros ............................................ a.l .'
Complction ............................................. 14 Gffcctivc d.Uc of Agrccmcnt-dctinition of............... t
Complction. Substantial ......................... 14.H-14.9 Fmcr6cncics ......................................... G.22
Confcrcncc, Prcconstruction .......................... ?.b Enginecr-dcfinition ol' .................................. t
Conflict, Grror, Discrcpancy-Contractor Rnginccr's Dccisions ............................ 9.10-9.12 -
2.5, 3.3 Enginccr's-Notice Work is Acccptablc 14.13
to Rcport .............
Constructiun A7achincry. Lyuipmcnl, ctc. ............. 6.4 Enginccr's Rccommcndation of Paymcnt ...... 14.4, 14.13
C:ontinuing Wurk ..................................... G.29 Enginccr's Rcsponsibilitics, Limitations �
Contract Documcnls-atncn�lin�an�l • on .................................. G.6,9.1 I,9.13�).16
supplemcnting .................................. 3.4-3.5 Enginccr's Status During Construction-in gcncral ...... 9
Contract Documents-definition of ...................... I Equipment. Labor. Materials and .................. 6.3-6.6
Cantract Documcnts-Intcnt ...................... 3.1-3.3 Equivalcnl Matcrials and Gquipmcnl .................. G.7 _
Contr�ct I�c�cumcnts-Rcusc ol' ....................... 3.G Explorations c�f physical conditions ................... 4.2
Contract !'rice. Changc uf .............................. I I
Contrac� Pricc-cicfinitiiin ............................... I Pcc, Contractor's-Costs Plus ........................ I 1.6
C��ntract 1'imr. Chanbc ui ......... I� ]'icld Onlcr-cicfinition of "
Contract Timc. Commcncemcnt ol' .................... 2.3 Ficld Ordcr-itisuccl by C;nginccr ................ 3.5.1.9.5
Contract Timc-�efinitiun of ............................ I 1=inal Applicaliun for Paymcnt ....................... 14.12
ConU�actur-dcfinition of ................................ I Finallnspcction ..................................... 14.11 r
Contractor May Stor Work ur"Tcrminatc ............. 15.5 Pin.�l Paymcnt and Acccplancc ...................... 14.13
Contractor's Continuing Oblibatiun .................. 14.I S Pinal Paymcnt. Rccommcndation of ........... 14.13-14.14
Contractor's Duty to Report Discrcpnncy
in Documcnts .................................. 2.5. 3.2 Gcncral Provisions .............................. 17.3-17.4 r,,,
Contractor's Pcc-Cost Plus ... I 1.4.5.6, I I.5.1, I I.G-11.7 Gcncr.il Rcquirctncnts-dcfinition of..................... 1 �
.. S.3 Gcncr,�l Rc uircmcnts- rinci il ��
Contractor's Liability lns�n�ancc ..................... q P P�
ContraGur's Rcspunsibililics-in gcncral ................ 6 rcfcrcnccs to ................. 2.6,4.4. 6.4.6.6-6.7, G.23
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� Giving Notice ........................................ 17.1 Paymcnis to Contractor-when due ........... 14.4, 14.13
; Guarantce of Work-by Contractor ................... 13.I Paymcnts to Contractor-withholding ................ 14.7
- Performancc and other Bonds 5.1-5.2
Indcmnification ......... G.30-6.32 Permits ............................................ . 6.13
.. Inspection, !'inal .................................... 14.11 Physical Conditions ................................. q.�
.................
nspection,Tests and ................................. 13.3 Ph tiical Conditions-Cn ineer's revi�w q,2,h
Y• ' S ' .............
Insurance, 13onds and-in gencrnl ....................... 5 Physical Conditions-existing structures ............. 4.2.2
Insurance, Certificates of ........................... 2.7, 5 Physical Conclitions-explorations and rerorts ....... 4.2.1
- Insurance-completed operations ...................... 5.3 Physic�l Conditions-possible document change ..... 4.2.5
Insurance, Contractor's Liability ...................... 5,3 Physical Conditions-rrice and time�djustments .... 4.2.5
� Insurance, Contractual Liahili�y ....................... 5,4 Ph tiical Conditions-re ort of differin 4.2.3
Y• P g .............
lnsurance, Owner's Liability .......................... 5.5 Physical Conditions-Undergroimd Facilities .......... 4.3
� Insurance, Properly .........::::::::::::::::::::: 5:G-5.13 Prcconstruction Conference ........................... 2.8
� Insurance-Waiver of'Rights 5,1 I Preliminary Mattcrs .................................:... 2
Intent of Contract Di,cuments ................... 3.3,9.14 Premises, Use of ................................ 6.IG-G.IR
Interpretations an�! CI<�rifications ...................... ).4 Pricc. Changc of Contract .............................. 1 I
r lnvestigations of physical conditions ................... 4.2 Price-Contract-definition of ............................ 1
Progress Payment, Applications for ................... 14.2
Labor, Materials and �quipment .................. 6.3-(.5 Progress P.�yment-retainage ......................... 14.2
- Laws and lZegulations-definition ol' ..................... I Progress schedule ............... 2.6, 2.9,6.Ci,6.?9, IS.2.6
Laws and Rcgulations-general ....................... G.14 Project-definition of .................................... I
� Liability lnsurance-Contractor's .......... 5.3 Pro'ect Re resentation- rovision for 9.3
........... J p P .................
Liability Insur��nce-Owner's ......................... 5.5 Project Representative, Resident-definition of .......... 1
Liens-definitions ol' ................................ 14.2 Pmject, SlartinG tlie ................................... 2.4
� Limitations on Gngineer's Property Insurance ............................... 5.6-5.13
Responsibilities ..................... 1,.6,9.1 I, 9.13-9.1G Property Insurance-Partial Utilization ............... 5.15
Property Insurance-Receipt and Application
� Materials and equipment-fiu•nishe�l bv Contractor .... G.3 of Procecds ................................... 5.12-5.13
Materials and equipment-not Protection, Safety and ........................... 6.2U-6.21
incorporated in Wark .............................. 14.2 I'unch list ..................................... 14.11
......
� Materials or equipment-equivalcnt ................... 6J
Miscellaneous Provisionti ............................... 17 Recommendation of Payment .................. 14.4, 14.13
Multi-�rime contracts ................................... 7 Rccord Ducumcnts ................................... G.19
Rcfcrencc Points ..,..... 4,4
I�"1 Noticc, Giving of ..................................... 17.I Regul.itions. Laws and ................................6.14
Notice of Acccptability of Project 14.13 Rejecting Dnfectire Work 9.6
Notice of Aw.ird-definition of .......................... I P.elated Work at Site ............................. 7.1-7.3
Noticc to Proceed-dcfinition uf ......................... I Remcclies Not Lxclusive ............................. 17.4
� Notice to Proeeed-giving of .......................... 2.3 Removal or Correction of Dcfi�cti��e Work ........... 13.1 I
Resident Project Represcntative-definition of ........... 1
"Or-Equal" Itcros ..................................... 6.7 Resident Projcct Represent.itive-provision for ........ 9.3
� Other contractors ....................................... 7 Responsibilities, Contractor's-in general ............... 6
Other work ............................................ 7 Responsihilities, T:ngineer's-in general ................. 9
Overtimc Work-pruhibition of........................ G.3 Rcsponsibilities, Owner's-in general .................... R
Owner-cletinition of .................................... l Retain:ige ............................................ 14.2
� Owner May Correct Urfi�cvirr Work.................. I?.14 Reuse of Documents................................... 3.5
Owner May Stop Work .. 13.10 Rights of Way 4,�
Owner May Suspend Work,"1'crminate .......... I5.1-15.4 Royalties, Patent Fees and ........................... 6.12
Owner's Duty to Execute Change Orders ............. I 1.�
� Owner's Liability Insurance ........................... 5.5 Safety and Protection ............................ 6.20-6.21
' Owner's Representative-Engineer tu scrve .is ........ 9.I Samrles ......................................... 6.23-6.28
Owner's Rcs�onsibilities-in gcncral .................... R Scheclul�of progress ........ 2.G,2.8-2.9,G.6,6.29, 15.2.fi
r. Owner'ti Separate Represemative ut sitc ............... 9.3 Schedule of Shop Drawing
` suhmissions ...................... ?.6, 2.8-2.9, 6.23, 14.1
Purtial Utilization .................................. 14.10 Schedulc ol'v,ilucs ...................... 2.6,2.R-2.9, 14.1
r,,, f'artial Utiliration-dcfinition uf ......................... 1 Schedulcs, F'inalizing .................................. 2.9
Partial Utiliz,�tion-Property Insurancc ............... S.I S Sho�, Drawings nnd Sam�les ..................... G.23-G.28
Patcnt P�cs and Itoyalticti ............................ G.12 Shop llrawinbs-definition of............................ 1
� Payments, Recommendation of' ........... 14.4-14.7, IQ.13 Shon Dra�vings, us� to ap�rove
- Y:iyments to Contractor-in g�ncr.�l .................... I 1 substitutions ...................................... 6.7.3
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Sitc, Visits to-by Pn�inccr ........................... 9.2 Timc, Computation of ................................ 17.2 �
Specifications-dcfinition of ............................. I Timc, Contr�ict-dclinition of ............................ I �
Starting Construction, 13efore ...................... 2.5-2.8
Starting thc Project .................................... 2.4 U ncovcrin�Work ............................... 13.8-13.9
Stoppinb Work-by Contractor ....................... 15.5 Undcrgrouncl Facilitics-definition of .................... 1
Stopping Work-by Owncr .......................... 13.10 Uncicrgrouncl F�icilitics-not shown or indicatcd ..... 4.3.2 �
Subcontractor-dclinition of ............................. I UncJcrgruun�l Pacilitics-protcction of ........... 4.3.G.20
Subcontracwrs-in gcncral ....................... 6.8-6.11 Uncicrgruuncl l�acilitics-shown or indictitcd ......... 4.3.1
Subcontracts-requircd provisions ............5.1 l.l, 6.11 U��it Pricc Work-�lcfinition of .......................... I
11.4.3 Unit Pricc Wurk-�,cncral ................. 11.). 14.1, 14.5 -
Substantial Complctiun-ccrtification of .............. 14.R Unit Priccs ......................................... I 1.3.1
Substanti.�l Completiun-dcfinition uf.................... I Unit Priccs. Dctcrminations for ....................... 9.10
SubstiWtc or"Or-L'qual" Itcmti ....................... 6.7 Usc of Prcmiscs ................................. G.16-6.18 �
Subsurfacc Conditions ............................. 4.2-4.3 Utility o�vncrs .......................... 6.13.6.20,7.2-7.3
Supplcmcntal costs ................................. 11.4.5
Sup�lcmcntary Conclitions-dcfinition of ................ I Valucs. Schc�lulc of ......................... 2.6,2.9. 14.1
Supplcmcntary Con�litions-nrincipnl Vari.itions in Work-nuthorizccl ............ G.25,G.27,9.5 _
rcfcrcnccs to .. 2.2,4.2, 5.1,5.3, 5.6-5.8,G.3,G.13,G.23, Visits tu Sitc-by Gnginccr ............................ 9.2
7.4,`I.3
Supplcmcntin�Cuntract [)ocinncnts ............... 3.4-3.5 �,':�ivcr ol'Claims-un Pinal Paymcnt ................ 14.16
Su licr-dclinition of................................... I artics ............. 5.10.6.11 `�
pp Waivcr of Rights by insurcd p.
Su�plicr-principal rcfcrcnccs to ... 3.6, G.S,G.7-G.9,G.20, �Varrai:t � ind Guaramc.c,-b Contrac,tor 13.1
� . ., y .............
6.24,9.13,9.16, 1 I.B, 13.4, 14.12 W:��•i•,�nty ��f'I'itic.Contrttctor's ....................... 14.3 1
Surcty-conticnt tu �:�ymcnt .................. 14.12. 14.14 `�ork, Accctis to ..................................... 13.2 ,r
Surcty-Lnginccr h.is no Juty to ..................... 9.13 Wurk-hy othcrs ........................................ 7
Sw•cty-notic:c to .......................... 10.1, 10.5. 15.2 Wurk C��ntinuing During Disputcs .................... 6.29
Surety-9ualific:ttion ol' ........................... 5.1-5.2 Work. Cust of ................................... I 1.4-I1.5
Suspcnding Work, by Owner ......................... I5.1 Work-cicfinition of ..................................... 1 _
Suspension of Work an�7'crmina�ion-in gcncral ....... IS W��i•k Dircctivc Changc-cicfinition of ................... 1
Superintcndcnt-Contractor's ......................... 6.2 W���•k Uircctivc Changc-principal �
Supervision an�1 Superintcndcncc .................. G.I-G.2 rcfcccnccs to ............................ 3.4.3, 10.1-10.2
Wurk. Ncglcctc�l by Contractor ..................... 13.14 -
Taxcs-Paymcnt by Contractor ....................... 6.I5 Wurk. Slopping by Contructor ........................ IS.S
Tcrminatiun-by Contructur .......................... I5.5 ��urk, Stoppinb by Owncr ....................... I5.1-15.4 �
7'crmin,ition-by Owncr ......................... 15.2-15.4 W�•�ttcn Amcndmcnt-dcfinition of ...................... 1
Termina:ion, Suspcnsion of Work and-in gcncral ...... 15 W�•�tten Amendmcnt-principal r
Tests and In�pcctions ........................... 13.3-13.7 rcfcrcnccs to ..................... 3.4.1, 10.1, 11.2, 12.1
7'imc, Change ol'Contract .............................. 12
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GENERAL CON D1T1�NS d<�/'ecti��c--An adjective which when mo�lifying the���ord Work
refers to Work that is unsatisfactory, faulty or delicient, or
'�� ARTICLL' I—DTPIN!"l'IONS does not confurm to the Contract llocuments, or does not
meet the rcquirements of<tny inspection,rcference standard,
Wherever used in these General Conditions or in the other test or approval referred to in tlie Contract Documcnts, or
� has becn damaged prior to GNGINE�R's recommendation
Contract Documents the following terms have the meanings ���•final paymrnt(unless responsibility('orthe protectiun thereof
indicated which are a��licable tu huth thc singular and rlural has hcen atisumecl by OWN GR.it Substantial Completion in
thereof:
— <iccordance with par�igrarh 14.8 or 14.10).
Addenda—Written or grnphic instrum�nts issue�l rrior to lhe Urrrti+�i���,�.r—The clrawings which show the character und scope
orcning of l3ids which claril'y, cc�rrcct or chan�;c lhc biclding of thc Work to bc performccl �ind which havc bccn prepared
documents or the Comract Docinnents. or approved by ENGINGER and are referred to in the Con-
�� trac[ Documcnts.
A��reement—'I'he written agreement between OWNER and
CONTRACTOR covering the Work to be performed; other I.ffeclivc Drrle oJ'l/re A�recnrr�irt—The date inclicated in the
'„� Contract Documents are�ittached to the Agrccment an�i made ngreemcnt on�vhich it hecomes effcctive,but if no such date
a part thereof as provided therein. is indicatcd it mcans the date on which the Agreement is
signed and delivered by the last of the two narties to tiibn and
Applicntivn for Paynr��nt—The fonn acceptcd by LNGI- deliver.
" NGER which is to be used by CON'I'RACTUI2 in requesting
E progress or final payments and �vhich is to include such sup- I:'NCINF.FR—The person,firm ur corporation n.�med as such
porting documentaticm as is rcquircd by thc Contract in the Agreemcnt.
Documcnts.
r Field Order—A written or�er issued hy ENGINEER which
� 13ir1—The offer or proposul of the bidder submittc�l on thc orders minor changes in thc Work in accordance with para-
prescribed form setting forth the prices for tl�c �Vork to be graph 9.5 but which does not involve a change in the Contract
� performed. Price or the Contract Time.
lJu�id.s—l3i�l, �erformance .md r�iymrnt bon�ls an�l other Cc•nc�rnl Reqrrri•e��ieirt.r—Sections of llivision I of�the Speei-
� instruments ol'security. fications.
� Clrrut��e Order—A documcnt recommcndc�hy GNGING�R, I.mti�s nrrr�Rc���rlrrlinns; I.ax�s nr Reg�rlalions—Laws, rulcs,
which is signcd by CON"1'RAC"1'OR and OWNCR and autho- regulations,ordintinces, codcs and/or orders.
rizes an addition, deletion or revision in the Work, or an
� adjustment in the Contract Price or the Contract Time,issuecl Notice of Ati,�nrd—The written notice by O�VNGR to the
on or after the Gffective Date of the Agreement. �pp�rent successful bidder stating that upon comp(iance by
the apparent successful bidder with the conditions precedent
Contract Uoc�rmc�Tt.c—The Agreement,Acldenda(which per- cnumerated thercin, within the time specified, OWNER will
� tain to thc Contract Documems), CONTRAC'I'OR's Bid �ign and dclivcr thc Agrccmcnt.
(induding documentation accompanying the I�id and any post- Nnlice tn Proceed—A written notice given by OWNGR to
Bid documentation submitted prior to the Notice of Award) CONTRACTOR(with a copy to GNGINEGR)fixing the d��te
— when attached as an exhibit to the Agreement, the I3onds, �n which the Contract Time will commence to run and on
these General Conditions,the Supplemrntary Conditions,the
� ' Specifications and the Drawings as the same arc more spe- �vhich CON"I'RACTOR shall start to perform CON'fRAC-
cifically identified in the Agrcement,togethcr with all amend- T02'S obli��tions under the Contract Documcnts.
� ments, modifications and sunplements issued nursuant lo OWNER—The public body or authority, corporation, asso-
paragraphs 3.4 and 3.5 on or after the Gffective Date of the ciation,firn�or nerson with whom CONTRACTOR has entered
Agreement. into the Agreement and for whom the�Vork is to be provided.
� Cuntrnct 1'rice-7'he moneys payable by OWNER to CON- Partrn! Utilizn�inu—Placing a portion of the Work in service
TKAC1'OR uncler the Contract Documents as state�l in the for the purpose for which it is intcnded(or 1 relatcd purpose)
Agreement (subject to the provisions of paragraph I 1.9.1 in before reaching Substantiul Completion for all the Work.
� the case of Unit Price Work).
Projecl-7'he total construction of which the Work to be
Cnirlrac� Trnrc—The numbcr of days(computecl as provided provided under the Contract Documents may be the whole,
in paragraph 17.2)or the datc st.iled in the Agrcement for the or a part as indicated elsewhere in the Contract Documents.
r complction o!'thc Work.
Resrclent Prnject Represe�rtnlive—"I'he authorized represen-
� CONTRACTOR—'1'he person,finn or corporation with whom tative of�NGIN�ER who is assigned to the site or any part
,., OWN�R has entered into the Agrecment. thereof.
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s�t�n n.������,tx�s—All drawin�;s, diagrams, illustrations, ordcring an addition, dciction or rcvision in thc Work, or
schcdulcs and othcr dat.� which are spccific:�lly ��rcrarcd by respon�ling ti>dilTcring or unloresccn rhysical conditiuns undcr �
or for CON'1'RAC1'OR to illustratc somc rortion of thc Work which thc Work is to bc perl'ormc�as provi�lcd in paragraph '�
and all illustrations, brochures, standard schcdulcs, perfor- 4.2 or 4.3 or to cmcrgcncics undcr paragraph G.22. A Work
mancc charts, instructions, diagrams and othcr information Directivc Changc may not changc thc Contract I'ricc or thc
prcparcd by a Supplicr and submittcd by CON'1'RAC'I'OR to Contract '1'imc, but is cvidcncc that thc partics cxpect that �
illustratc m.itcrial urcquirmcnt forsomc purtion of thc Work. lhc changc dircctcd ur documcntal by a Work Dircctivc
Changc will bc incorporatcd in a subscqucntly issucd Changc
SpeciJicntiai.s—Thosc portions of'thc Contract Documcnts Ordcr following ncgoliations by thc partics as tu ils cffcct,if
consisting of writtcn tcchnical dcscriptions of matcrials, any, on thc Contract Pricc or Contracl Timc <►s provided in _
cquipmcnt, conslruction systcros, standards and workman- paragraph 10.2.
ship as applie�to thc Work and ccrtain administrativc dctails
applicablc thcrcto. Wrillc�n Anu��ulnienl—A writtcn amcndmcnt of thc Contract
Documcnts, signc� by OWNLR and CON'CKACCOR on or _
Subcnnlrnclor—An individual, firm or corporatiun having a aftcr thc Gffcctivc Datc of thc Agrccmcnt and normally deal-
dircct contract �vith CON"I'RACTOR or with any othcr Sub- ing with thc noncnginccring or nontcchnical rathcr than strictly
contractor for thc rcrformancc uf a part of thc Work at thc �Vork-rclatcd aspccts of thc Contract Documcnts. _
sitc.
Srrh.clrrnlirrf Cui�rplc�liun—'I'hc�Vurk(ur a ti��ccificd rart thcrcol)
has probressccl to thc puinl whcrc, in thc upinion ul'GNGI- AIt'I'ICL1.:2—PKLLIMINARY MA7"I'GILS �
NGLR as cvidcnccd by rNGINi:LR's dcfinitivc ccrtificatc
of Substantial Complction, it is sul'ticicnUy complctc, in pclii�cry oJ/Jo�:ds:
accordancc with thc Cuntract Ducumcnts, so that thc Work ��
(or specified part)c�n be ulilizcd for the purposes for which �•�• W���n CON7'RAC'1'OR Jelivers the executed Agree-
it is intcndcd; or if thcrc bc no such ccrtificatc issucd, whcn mcnts to OWNGR, CONTI:ACTOR shall also dclivcr to
final paymcnt is duc in accordancc with paragraph 14.13.'1'hc OWNLR such 13onds as CONTRACTOR may bc rcquircd to
terms "substantially complctc" and "substantially com- furnish in accordancc with �aragr<►ph 5.1.
plctcd" as apnlicd to any Work rcfcr to Substantial Complc- —
tion thcrcof. Copies of Docr�menls: ��
2.2. OWNGR shall furnish tu CONTRACCOIt up to tcn
Sr�pplenu•nlury Conditro�ts—Thc rart of thc Contract Docu- copics(unlcss othcrwisc spccificd in thc Supplcmcntary Con- "'�
mcnts which .imcnds or supplcmcnt� thcsc Gcncral Condi- ��tions) of thc Contract Documcnts as arc rcasonably ncc-
tions. cssary for thc cxccution of thc Work. Additional copies will �
Sr�pplier—A manufacturcr, f:ibricator, supplicr, distributor,
bc furnishcd, upon rcqucst,at thc cost of rcproduction. J
materialman or vcndor.
Coinme�tcemen!ojConlracl Tinte;Notice lo Proceed:
Undc�r��roruid Fncilities—All pipclines,conduits,ducts,cables, 2.3. 'I'he Contract Time will commence to run on the _
wires,manhulcs,v,iults,tanks,tunncls or othcr such facilitics thirticth day aftcr thc Effcctivc Datc of thc Agrccmcnt,or,if
or attachments, and any encascments containin�such facil- a Notice to Procecd is given, on the day indicatecl in the
itics which havc bccn installcd undcrground to furnish any of �loticc to Procccd. A Noticc to Procccd may bc givcn at any
thc folluwing scrviccs or matcrials: ciccU�icity,gascs, stcam, . timc within thirty days aftcr thc Effcctivc Datc of thc Agrcc- .r
liyuid pctrolcum products, tcicphunc ur othcr communica- mcnt. In no cvcnt will thc Contract Timc cummcnce to run
tions, cablc tcicvision, scwagc ancl drainabc rcmoval, traf(ic latcr than the scvcnty-filih day aftcr thc day of f3id opcning
or othcr control systcros or watcr. or thc thirticth day aftcr thc Effcctivc Datc of thc Agrccmcnt, _
whichevcr clatc is carlicr.
Unit Pricc� Wurk—Work to bc pai�l for on thc basis of unit
priccs.
S(arlinb llie Projecl:
Wurk-7'hc cntire com�lcicd cunstruction or thc vurious scp- 2.4. CON"1'RACTOR shall start to rcrform lhc Work on r
arately idcnti(iablc parts thcrcul' rcquircd to bc furnishcd thc datc whcn thc Contract'I'imc commcnccs ro run, but no
undcr thc Contract Documcnts. Work is thc result of per- Work shall bc donc at thc sitc �rior to thc datc on which thc
forminb scrvices, furnishing labor and furnishing and incor- Contract'fimc commcnccs to run. —
porating matcrials and cquipmcnt into thc construction, all
as rcquircd by thc Contract Ducumcnts.
Ilefore Slnrtirrg Construclion:
Wnrk Uirec•�ive Cha►t��e—A writtcn dircctive to CON'1'I2AG 2.5, 13cfore undcrtaking cach part af the Wurk, CON- t'
7'OR,issucd on or aftcr thc rffcctivc Datc of thc Agrccmcnt "TRAC"I'OR shall carcfully study and comparc thc Contract `
and signcd by OWNL'•It and recommcn�lcd by GNG1N1:[;R, I�ucumcnts ancl chcck and vcrify pertincnt fi�ures shown
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thereon and all aPplicable (ieid mcasurcments. CON'I'RAC- gruph 2.1i.'1'he (in.ilired probress schedulc will tx�accentablc
� TOR shall promptly report in writing to I�NG1NGrR any to ENGINrER as providin� an orderly progression of the
conflict, error or discrep�incy which CON'1'RAC'fOR may Work to completion within the Contract Time, hut such
discover and shall obtain a written intrrrretation or clari(i- acccrtancewillncitherimrosecmBNGINI:Gllresponsihility
r.. cation from �NGINELR before procreding with any Work for thc nrogress or schedulin�of thc Work nor relievc CON-
affected thcreby; however,CON'I'RACI'OIZ shall not be lia- TIZAC"1'OR I'rom full responsihili�y thercfor. 'I'he finalize�
ble to OWNER or rNGINErR for failure to rerort any schedule ol'Shcip Drawin�;suhmissions�vill he accertable to
con(lict, error or discrepuncy in the Contract Documents, EN�INI;T:R as providing a workahle arrangement for pro-
" unless CONTRACTOR had actual knowled�;e thereofor should cessing the submissions.'1'he finalized schedule ol'values will
reasonably have known thereof. be acceptable to I;NGING�R as to form:�nd substance.
2.6. Within ten days,�11er thc f:l'lectivc I),itc of the Agree-
� ment (unless otherwise s�ecificcl in the General Itequire- nit'1'ICLF: 3—CON'fRAC'I' DOCUMI:NTS: IN'1'LNT,
� ments), CONTRAC"1'OR shall submit to LNGWL'rR for AMENDING, RFUSE
rcvicw:
r
2.6.1. an estimated progress scheclule indir.iting the l�rlenl:
starting and complction d�itcs of thc various stages of the Z,�, '['he Contr.ict Documcnts comprisc thc entire agree-
Work; ment betwecn 01VNI:P.and CONTRAC"I'OR concerning thc
— Work.Thc Contract Documcnts arc complcmcntary;what is
2.G.2. a preliminary schedule of Shop Drawing sub- �;illed lor by ane is as binding as if called for by all. The
` missions;and Contract Documents will be construed in accordance with
� thc law of the �lace of the Project.
2.6.3. a �reliminary schedule of values for all of thc
Work which will include qu.inliti�s an�1 ��rices of items 3 2 �t iti thc intent of the Contract Documents to describe
aggregatingthe Contract Price and will suhdivide the Work � functionally complete Project (or part thcrco� to be con-
� into component parts in sul'licient detail to serve as the structccl in accordance with the Contract Documents. Any
btisis for progress payments during ccrostrt�clion. Such �Vork,materials or equi�ment that may reasonably be inferred
prices will include an appropriate amuunt of uvenc�ad an�l from the Contract Documcnts as bcing required to produce
profit applicable to each item of Work which will be con- the intendcd result will be supplicd whether or not specifically
�'" firmed in writing by CONTRACTOR at the time of sub-
callcd for. When words which havc a wcll-known tcchnic.il
mission. or tradc mcaning arc uscd to dcscribc �Vork, materials or
cyuipment such words shall be intcrpreted in accordancc with
?.7. Rcfore any Work �it the site is startcd, CON"f RAG that mcaning. Refcrence to standard specifications, manuals
� TOR shall deliver to OWNGR,with a cory to BNGINL:ER, orcodesofany tcchnical society,organizationorassociation,
certi(ic.�tes (and other cvidencc of intiurnncc requcsted by or to the I_aws or Rcgul:itions of any govcrnmcnlal aulhority,
OWNER)which CONTI2AC'I'012 is rcquircd to�urchase an� ��hether such referencc be srecific or by imrlication, shall
� maintain in accordance with para�rarhs 5.3 ancl S.q, and �ncan the latest standard s�cci�ication,manu.il,code or Laws
OWNI:K shall deliver to CONTRAC'I'OR certific.ites (and or Rcgulations in cfl'ect at thc time of'opening of I3ids(or,on
other evidence of'insurance requcsted hy CONTKACTOR) the Effectivc Date of the Agrcement if there were no E3ids),
which OWNER is required to purchase and maintain �� exce�t as may be otherwise specifically slated. However,no
— �iccordance with paragr�phs S.G and 5.7, provision of any rcferenced standard tirecific.�tion, manual
orcode(whcther or not specifically incorporated by reference
Preconslruclio�r Conference: in the Contract Documents) shall be ef7cctive to change the
duties and responsibilities of OWN�R, CONTRACI'OR or
� 2.8. Within twenty days .iftcr the L'(Tectivc Datc of thc �NGINI:L:R,or any of Iheir consu�tants, agcnts or employ-
Agreement, but before CON"1'RAC"1'OI2 starts the Work at ees from those sct forth in thc Contract Documents,nor shall
the site, a confercnce attended by CON"I'1ZAC'1'OR, ENGI- �t be effective to assign to rNG1NrER, or any of ENGI-
� N�GR and others as .innropriate will be hcld to discuss thc NEER's consultants, aFents or emrloyees, any duty or
schedules referred to in par.�graph 2.6,to discuss�rocedures authority to supervise or direct the furnishing or performance
for handling Shop Drawin4s and other tiubmivals an�l for of the Work or any duty or authority to undertakc responsi-
prucessingAr�licationsforPayment,andtocstablitih.►�vorking bility contr:uy to the provisions of�.iragraph 9.15 or 9.16.
� understanding among thc psirtics az tu the Work. Clari(ications and interpretations of the Contract Docum�nts
shall be issued by GNGINGI:R as provided in p.�ragra�h 9.4.
/'i�ralizirr�Scliedu(es: 3.3, If,during the rerformance of the Work,CON'TRAG
1'"
2.9. At least ten days bel'ore submission of thc first Appli- "I'OR finds .� conllict, error or discrepancy in the Contract
cation for Paymcnt a cunlcrcncc attcn�lcd by CON"1'RAC- Documents,CUN"Cl2ACf0(t tihall so rcnort to GNGINEER
� TOR, I:NGIN GI:R and others as arprupriatc will hc hcld to in writing at once and before procceding with the Work affected
— finalize the schedules submitted in accordance with para- thereby shall obtain a written interpretation or clarification
' 9
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from ENGINGGR; howcvcr, CON"I'RnC"1'Olt shall not hc such othcr lands which arc dcsignatcd for thc usc of CON-
liablc to OV�'NEK or GNGINEEit for failurc tu rcport any 'I'IZAC"fOR. L;ascmcnts fur rcrmancnt strucwres ur perma- �
conflict, crri�r or discrcpancy in thc Contract Documcnts ncnt changcs in cxisting facilitics will bc obtaincd and paid �
unlcss CUNTRACTOR had actu<<I knowlcdgc thcreof or should for by OWN ER, unlcss othcrwisc providcd in the Contract
reasonably havc known thereof. Documents. (f CON'I'RAC'fOR believcs that any delay in
OWNI:It's furnishin�; thcse I��nds, rights-of-�vay or ease-
.1
mcnts rntitics CON"1'RnC"COR to an cxtcnsion of thc Con-
A�nending und Snpplemenlrng Cbnfrnc(UocttutenLc: Iract 'I'imc:, CON'I'RAC('OR may make a claim therefor as
3.4. Thc Contract Documcnts may bc amcndcd to pro- providcd in Articic 12. CON'CItACTOR shall providc for all
vidc Cor additiuns, �Icictions .ind re�'isions in thc Work or to ad�litional lan�s and acccss Ihcrcto thlt may bc rcquircd fur .,
modify thc tcrms ,in�l conditi��iis thcrcof in onc ur morc of tcmrurury con1U•uction facilitics or storagc of matcrials an�l
lhc Collowing ways: cquipmcnt.
3.4.1. a form�il Writtcn Amcndmcnt, —
Pliysicn!Conditions:
3.4.2. a Ch�in�,c Ordcr (pursuant to �,:iragraph 10.�1). 4.2.1. L•:rploruliuns und Rcpnrts: Rcfcrcncc is ma�c
or to the Supplcmcntary Conditions tbr idcntification of thosc y
�-�no��ts or�xnior����o�,ti and tcsts of subsurfacc conditions
3.�;.3. ,i Work Dircctivc Ch,in�c (pur�uant tu para- �it thc sitc that havc hccn utilitcd by ENGINGLR in prcp-
graph 10.1). ,�ration of thc Cuntract Documcnts.CON'1'RACTOR may
rely upon thc accuracy of thc tcchniail data containcd in ,�
As indicatcd in paragraphs I I.�ancl 12.1,Cuntr�ict Pricc an� such rcports, but not upon nontcchnical data, intcrprcta-
Contract'rimc may only bc changr� by�i Changc Or�cr or a tions or opinions containc�l thcrcin or for thc complctcness
�'Vrittcn Amcn�Jmcnt. thcrco(' for CON"1'RACTUR's purpotics. Cxccpt as indi-
catcd in thc immcdiatcly prcccding scntcncc and in para- �
3.5. In addition, thc rcquircmcnts of thc Contract Docu- grarh 4.2.6,CON"1'RACTOR shall have full responsibility
ments may be supplemented,an�minor variations an�dcvia- with respcct to subsurt'acc conditions at the site.
tions in thc Work may bc•authorirc�i, in unc or morc oF thc _
following ways: 4.2.2. /s:ri.sJin�; .Slrrrclures: Rcfcrcncc is madc to thc
Supplcmcntury Cunditions for iJcntification of thosc t
3.5.1, a I=icld Ordcr(pursuant to p.�ra�raph 9.5), drawings of physical conditions in or rclating to cxisting
s�n•facc ancl subsurfacc structures (cxccpt Undcrground _
3.5.2. ENGWEER's .ipproval of a Shop Drawing or I�.�cilitics rcfcrrcd to in paragraph 4.3) which arc at or
samplc(pursuant to paragraphs 6.'G and 6.27j, or contiguous to thc sitc that havc bccn utilizcd by ENGI- I
N�GR in preparation of'thc Contract Documcnts. CON- ,
3.5,3. ENGINGI:R's writtcn intcrprctation or cl�u�ifi- TRAC'I'UR may rcly upon thc accuracy of thc technical �
cation(pursuant tu raragraph 9.4). data containcd in such dra�vings,but not for the complctc-
ncss thcrcof f�or CON'['RACf012's purposes. Lxcept as
indicated in thc immediatcly preceding sentence and in
Rcuse of Docume►��s: paragraph 4.2.G, CON'I'RACTOR shafl havc full respon-
3.6. Ncithcr CON7'RAC'1'OR nor any Subcontractor or sibility with respcct to physical conditions in or relating
Supplicr or othcr person or orbaniration perCorming or fur- to s��ch structures.
nishing any of thc Work uncicr a dircct or indircct contract , -■
with OWNGR shall have or�icquire any title to or ownership 4.2.3. Xepnrt of Uifferi�rg Concli�ioas:lf CON'I'RAC-
rights in any of thc Drawings, Spccifications or othcr docu- 7'OR bclicvcs that:
mcnts (or copics of any lhcrco� preparcd by or bc.u�ing thc
scal uf L:NGIN�LK;ancl thcy shall not rcusc any of thcm on 4.2.3.1. any tcchnical data un which CONTI2AC-
cxtcnsions of thc Projcct or any uthcr projcct without writtcn ��p�t i�cntiticd to rcly as providcd in paragraphs 4.2.I
conscnt of OWNEIt and ENGINLBR and spccific writtcn ���q,�,2�s inaccursitc,or
veri(ication ur a�laptatiun by I:NGINGLIt. • _
4.2.3.2. any rhysicnl condition uncovcrcd or
rcvcalcd at the sitc dif}'crs matcrially from that indi-
ARTICLE 4—AVAILAB]LI'f Y OF LANDS; PFIYSICAL catc�i, rc(lectcd or rcfcrrcd to in thc Contract Docu-
CONDI'I'IONS; RGFL'RENCE POIN'1'S mcntti, —
CON1'RAC"I'OR shall, promptly aftcr bccoming aware
AvailuLiliry of/.nnds: thcrcof and bcforc performing any Work in connection
4.1. OWNLR shall furnish, as indicated in the Contract thcrewith (except in an emergcncy as permitted by para- "
Documcnts, thc lands upon which thc Work is to bc per- graph 6.22), notify OWNER �nd ENGINEER in writing
formed, rights-of-way and easements for access thereto,and about the inaccuracy or differencc.
10
�
4.2.4. LNClNF.IiR'.r Rc�ri�-�r: I:NGINEI:R will dcterminc thc cxtcnt to which thr Contract Documents
� promptly review thc per�incnt con�litions, dctennine the should be mo�lified to re(]ect and document the conse-
necessity of obtaining additional cxrlorations or tes�s with quences of'thc existence of thc Undcrground F�cility,and
respect Ihereto and advise OWN l:R in writing(with a copy thc Cuntract Documents�vill be amended or supplemented
� to CONTRACTOR) ot' ENGINL'•GI2's findings and con- to the extent necess,�ry. Durin� such time, CONTRAC-
clusions. "1'OR shall bc resri�nsiblc for thc safcty ancl �rotcction of
such Undc�•ground Fucility as provi�lcd in paragraph 6.?0.
4.2.5. Po.csihfr• l)uc•nnr��w Chau���•: II' GNGINL•I?R CON"1'RAC'I'OR sh.ill bc allowed an inerease in the Con-
� concludcs that there is a materi;il error in thc Contr�ct tract Price or an cxtension of thc Contract Time,or both,
Documents or that becausc of nrwly discovcrcd cundi- to the extcnt that they are attributable ro the eristence of
tions a chunge in the Contract Ducuments is requirecl, �i any Underground Facility th�u was not shown or indicated
r,,, Work Directive Chanbc or�i Chungc Or�ler�vill bc issued in the Contr�ct Documents and which CON"1'RACTOR
` as provided in Article 10 to re(lect an�l clucumcnt the cotild not reasonably have been expected to be aware of.
� consequenccs of the inaccuracy ur cliff�rence. If the parties are un.ihlc to agree as to the amount or length
thereof, CONTRACI'OR may make a claim therefor as
� 4.2.G. 1'n.ssil�Ie� !'rice nxd 7in��� Adjr�sfnu��rl.s: In each provided in Articles I I and 12.
such case, an increase or drerease in the Contr.ict Price
or an extension or shortening of the Contract'I'ime,or any
combination thereol', will hc allo�vablc to the cxtent that Refererrce Poi�rls:
— they.ire attributable to any such inaccuracy c�r dil�ference. 4.4. OWN�R sh:ill rrovide engineering surveys to estab-
If OWNER and CON1'RAC�'OR;ire unable to agrec as to lish reference roints for construction which in ENG WEER's
the amount or length thereof,a cl.iim may bc ma�le therefi�r jud�ment;irc neccssary to enablc CONTRACTOR to proceed
r 1s provided in Articles 1 I and 12. with the Work.CONTRAC"fOR shall be respunsible for lay-
ing out thc Work (�mless othenvise specified in the General
E Rcquirements), shall protect and preserve the established
P/rysicnlConrlilious—Under�rorr�t�ll�ncililies: referenee points and shall make no changes or relocations
�'"I 4.3.1. S/rrnrn ur/ndirruc•�l:'I'hc information ancl dat�i �+'ithout thc prior written siprrov�il of OWNrR. CONTRAC-
� shc�wn or indicated in the Contr.ict Ducumcnts with resrect �I'OR shall renort to rNGINL�R whenever any reference
to existing Undergrouncl Pacilities at or contiguous to the Puin� is lost or destroyeel c�r requires reloeation beeause of
• site is based on information sind dat.i furnished to OWN I:R necessary changes in gracles or locations,and shall be respon-
� or rNGINrER by the owners ol'such Underground F:�cil- �ible for the acctu•ate rerlacement or relocation of such ref-
ities c�r by uthers. Unlcss it is othcrwise ex�ressly pro- ��'�ncc points hy nrofcssionally qualificd personncl.
vided in the Sup�lementary Conditions:
� 4.3.1.1. OWNGR and GNGWEER shall not be ARTICI_G 5—BONDS AND [NSURANCG
responsible for the accuracy or completcness of any
such information or data;and,
� Perfornrnrtce and O!lrer IJo�ids:
4.3.I.2. CONTRACT'OR shall have full responsi- .S.I. CON'i'I2AC'TOR shall furnish performance and pay-
hility for rcviewing and checkinb all such infurmation ment �3onds,c��ch in an amount at least equal to the Contract
and d�ita,for locating all Underground Facilities shown Price as security for the faithful rerformance an�i paymcnt of
� or indicated in the Contract Documcnts, for coordina- all CON'I'RAC'1'OR's obli�.itions under the Contract Docu-
i tion of the Work with thc uwncrs of such Undergroun�l ments. These 13onds shall rcmain in effect at least until one
F�icilities during consh•uction, for the safety and pro- year after the date when final payment becomes due,ex�ept
� tection thereof as rmvi�e�l in par.igraph fi.20 and as other«�ise provided by Law or Regulation or by the Con-
� repairing any damage thereto retiulting 1'rom the Work, tract Documents. CON'1'RACTOR shall also furnish such
the cost of all oT�vhich will be considered as h�ving other Bonds as .ire required by the Sup�lementary Condi-
been included in the Contract Price. tions. All Bonds shall be in the forms nrescribed by Law or
Regul�tion or by the Contract Documents and be executed
� 4.3.2. Nnr Shnwir ur /ndirrr�e�cl. lf an Underground by such sureties as are name�l in the current list of"Com-
Pacility is uncovered or revcaled at or con�iguous to thc ranies Holding Certificates of Authority as Accept<ible Sure-
site which wus not shown or in�licatecl in ihe Contract ties on rederal I3onds and as Acceptable Reinsuring Com-
Documents and which CON"]'RAC"I'Olt coulcl not reason- panies"as published in Circular 570(amendecl)by the Audit
ably have heen expected to be aw,ire ot', CONTRACTOR Staff Bureau of Accounts, U.S. Treasury Dep�u-tment. All
sh�ill, promptly al'ter hecoming aware thereof an� befure [3onds sifined by an agent must be accomranied by a certified
� performing any Work affected thercby(except in an emer- copy of the authority to,ict.
gency as permitted by paragraph 6.22),icicntify the o�vn�r
of such Undergmund Pacility and�ive wriuen notice thereof $.2. If thc surety on any I3ond furnished by CONTRAC-
to th.it owner and to OWNI:R and rNGINGI:R. [:NGI- T'OR is declared�bankrupt or becomes insolvent or its right
� Nrr12 will rromptly revicw thc Undcrground Facility to to do busincss is terminatcd in any state whcre any part of
I1
�
�
..
thc Projcct is locatcd or it criscs to mcct thc rcyuircmcnt� thirty days' prior writtcn noticc has bccn givcn to OWNGR
of pnragraph 5.I, CONTRAC'I'OK shnll �vithin fivc Jays ;i,id GNG W GCi[Z by ccrti(icd maiL All such insurancc shaU J
thcrcaftcr subs[iWtc anolhcr 13unc1 ancl Sw�cly,buth ol'�vhich rcmain in cffcct until linal paymcnt and al.ill timcs lhcrcaftcr •
must bc accc�tablc to OWNGR. when CON'1'RACTOR may bc corrccting, rcmoving or
rcplacing dcfecrivc Work in accordancc with paragraph 13.12. 1
[n addition, CONTI2nC"fOR shall maintain such completed
�
Conlraclor's I.iaGili�y/nsurmrcc: operatiuns insurancc for al Ictist t�vo ycars tiflcr(inal paymcnt
5.3. CONTRACTOIt shall purchasc and maintain such and furnish OWNI?R with cvidcncc of continuation of such
comprehcnsivc gcncral liability and othcr insurancc as is insurancc at (inal paymcnt and onc ycar thcrcaftcr.
appropriatc for thc Work bcing perfurmcd an�furnishccl and —
as will providc protcction from daims sct furlh bclow which
may arisc out of or result from CON"I'KAC'I'OR's perl'or- Coirlraclua!l.iaLrlily/nsurancc:
mance and furnishing of thc Work and CON'1'RACI'OR's 5.4. Thc comprchcnsivc gcncral liability insurancc rcquircd
other obligations undcr thc Contract Documcnts, whcthcr it �Y r��ragraph 5.3 will includc contractual liability insurancc
is to bc perfurmcd or furnishcd by CONTRAC"I'012, by any ��n�ic.�hlcloCON'fRI�CfOR'sobligatiunsun�lcrparagr�iphs
SubconU-actor,by anyonc dirccUy ur indirccUy cmplaycd by G.30 and 6.31.
any of thcm to perlbrm or furnish .iny uf thc Wurk, or by _
anyonc for whosc actti any of thcm may bc liahlc:
5.3.1. Claims undcr workcrs' or workmcn's compcn-
Uwner's I.iaLilily Insrtrance:
sution,disability bcnc(its ancl ulhcr similar cmploycc bcn- 5.5. OWNER shall bc responsiblc for purchasing and ,,,
cfit acts; maintaining OWNCIt's own liability insurancc and, at
OWNCR's option, may purchasc and maintain such insur-
5.3.2. Claims for damagcs bccausc of bodily injury, :�ncc as will protcct OWNGR against claims which may arise
occupational sickncss or discasc,or dr�ith of CON7'RAG from operations undcr thc Contract Documcnts. .•
1'OR's cmployccs;
5.3.3. Claims for damages bccausc of bodily injury, Property/�rsurnnce: _
sickncss or discasc, or dcath of any person uthcr than S.G. Unlcss othcrwisc providcd in thc Supplemcntary
CON1'RACTOR's cmployccs; Conditions, OWNLR shall purchasc and maintain property �
insurance upon thc Work at the sitc to the full insurable value
5.3.4. Claims for damabes insured by personal injury thcrcof(suhject to such deductible amounts as may bc pro- —
liability covcragc �vhich are sustaincd (a) by any person vidcd in thc Supplcmcntary Conditions or rcquircd by Laws
as a result oC an oll�cnsc dirccUy or in�irccUy rclatcd tv ,�nd ltcgulatians). '1'his insurancc shall includc lhc intcrests j
the cmploymcnt of such person by CON�'RACTOI2, or of OWNGR,CONTRAC'['OR,Subcontractors,ENGINEER J
(b)by any other person for any othcr rcason; and ENGINEEK's consultants in the Work,all of whom shall
bc listcd as insurcds or additional insurcd nartics,shall insurc
5.3.5. Claims for damages, othcr than to thc Work ���;����st thc ncrils of firc and cxtcndcd covcragc and shall
itsclf,bccause of injury to or dcstruction of tangiblc prop- includc "all risk" insurancc for physical loss and damagc _
crty �vhercvcr locatccl, inclucling loss of �sc resulting including thcft, vandalism and malicious mischicf, collapsc
thcrcfrom; and watcr damage,and such othcr perils as may be provided
in the Suprlcmentary Conditions,and shall include dam.iges,
5.3.G. Claims arising out of operation of Laws or Rcg- . losscs and cxpcnscs arisinb out of or resulting from any insurcJ .,+
ulatiuns for damages becausc of bodily injury or dcath of loss or incurrcd in thc rcpair or replaccment of any insured
any person or for datnagc to property;and property (including but not limitcd to fecs and chargcs of
enginccrs, architccts, attorncys and othcr protessionals). lf
5.3.7. Claims for damagcs bccausc of bodily injury or not covcrcd undcr thc"all risk" insurancc or othcrwise pro- —
dcath of any person or property d.imagc arising out of thc vidat in thc Su�plcmentary Conditions,CON'I'ItAC'I'OR shall
owncrship, maintcnancc or use of any motor vchicic. purchasc:ind maintain similar property insurancc on portions
of thc Work storcd on and off thc sitc or in transit whcn such _
7'hc insurancc requircd by this paragraph 5.3 shall includc portions of thc Work arc to bc includcd in an Application for
thc spccific cuvcragcs �ind bc writtcn for not Icss than thc Yayment.
limits of liability and covcragcs nrovidcd in thc Su��plcmcn-
tary Conditions, or rcquircd by I:iw, whichcvcr is groatcr. 5.7. OWNLIt shall pw�chascand m��intain such boilcrand ..
'1'he comprchcnsivc gcncral liability insurancc shall includc machincry insurancc or additional property insurancc as may
complctcd orcrations insurancc. All of thc policics of insur- bc rcquircd by thc Supplcmentary Conditions or Laws and
ancc so rcquircd to bc purchasccl �incl m.iint.iincd (or thc Rcgulations which will includc thc intcrests of OWNER,
ccrtiticates or othcr cvidcncc thcrcol) sh�ill cont�iin a provi- CONTRAC'1'OI2, Subcontractors, GNGINGEIt AND "
sion or cndvrscmcnt that thc covcrabc affordcd will not bc GNGINGGR's consultants in thc Work,all of whom shall bc
canccllcd,matcrially chanbcd or rcncwal rcfusccl until at Icast listcd ati insurcd or additional insurcd partics.
12 —
, .,,. �
�
� 5.8. All the policies of insurance (or the ccrtificatcs or such waiver forms are required of any Suba�ntractor,
other evidence thereofj required to bc purchased and main- CONTI2ACTOR will obtain the same.
tained by OWNEIt in accordance with p�uagraphs 5.( and
5.7 will contain a provision or endorsement that the coverage
� afforded will not be cancelled or m.Uerially changed or renewal ltecerp[and Application of Procceds:
rcfused until at lenst lhirty days'prior written noticc hati becn 5.12. nny insured loss undcr the policies of insur:ince
biven to CONTi2ACCOR by certificd mail an<I will contain required by paragraphs 5.6 and 5.7 will be adjusted with
waiver provisions in accordance with paragraph 5.11.2. OWN�R and made payable to OWNrR as trustee for the
� insureds,as thcir intcrests may appe�r,subject to the rcyuire-
5.). OWNER shall not be responsible for purchasing and ments of any .�nni��,�ni� mortgabe clause and of paragraph
maintaining any prorerty insurance tu rrotcc� thc interesls 5.13.OWN[iR sh,�ll deposit in a separate account any money
r of CON7'RACI'OR, Subcontracturs or others in the Work to so reccivcd, an�l shall distribute it in accord,�nce with such
` the extent of any deductihle amounts that are provi�lccl in the �grecmcnt .is the p�irties in interest may reach. Il'no other
I Supplementary Conditions. The risk of loss within the speci.il a�rcement is reached the dam,�ged Work shall be
deductible �imount, will be borne by CON'I'P.ACTOR, Suh- rep.�ired or replaced, the moneys so received applied on
r. contractoror others suffering any such loss and if any of them account thereof and thc Work and the cost thereof covercd
�vishes rroperty insurance coverage within thc limits of such hy,in appropriate Changc Order or Writtcn Amendment.
amounts,cach may purchasc.ind m:�intain it at the purchas-
_ er's own expense. 5.13. OWNER as trustec shall havc power to adjust and
settle any loss with the insurers unless one of the parties in
5.10, If CONTRACTOR requcsts in writing that other interest shall objcct in writing within tiRecn days after the
special insurance be inclu�lecl in the �roperty insurance rol- occurrence of loss to OWNGI2's exercise of this power. If
r„ icy, OWNER shall, if possible, inclu�lc such insur.inre, and such objection he made, OWNGR;is trustec sh�ill make sct-
the cost thereof will be charged tu CC)N'CItACT012 by,irrro- ilement with the insurers in accord.ince with such.igreemen[
{ priate Change Ordcr or Written Amcn�mcnt. Priur to com- as thc parties in interest may reach. ]f rcquired in writing by
mencemcnt of the Work at thc site,OWNI:R shall in writing �ny party in intcres[, OWNL:R as trustee shall, upon the
� advise CONTRACI'OR whether or not such other insurancc occurrence of'an insurrd loss, give bond for the proper per- •
has been procured by OWNT:It. f'ormance of such duties.
� Wniver of Ri�hls: Accep�ance of Insrrra�rce:
� 5,1 I.I. OWN ER and CON'I'RAC'I'OR w.iive.ill rights 5,�4. if OWNER has any objcction to the coverube aff'orded
.igainst each other for all losses and �famages caused by by or other nrovisions of the insur.�nce reqi:ired to be pur-
any of the perils covered by the policies ol' insurance chcised and maintained by CONTRAC'1'OR in accordance
� provided in response to r.�ragr�iphti 5.6 and 5.7 anel any with par�iFra�hs S,3 and 5.4 on thc basis of its not complying
other property insw•ance applicable tu the Work,and also with the ('ontract Documents, OWNCR shall notify CON-
w.iive all such rights against thc Suhcuntractors, LNG!- '1'RACTOR in �vriting lhcrcof wilhin tcn days of thc �late of
�t NI�GR, I:NGINL'GR's consultants �nd ❑II other parties delivery ol'such cerlitic�tes to OWNGR in accordance �vith
namcd as insureds in such nolicies for losses and damages parsigraph 2.7. If CON'1'RAC'fOR has any objection lo the
so cause�l. As required by ��aragraph fi.l I, ench subcon- coverage afforded by or other provisions of'the policies of
tract betwccn CON"I'RAC:"I�OR and a Suhcontractor �vill insurancc required to be purchased and maint��ined byOWNI:R
� contuin similar waivcr provitiiuns by thc tiuhcon�ractor in in accord.incc with paragraphs 5.6 and 5.7 on the basis of
, favorofOWNI?R,CUN'fRAC"1'OR,I;NGINGI:R,GNG1- �their not complying with the Contract Documents, CON-
NGI:R's consultants and�ill other parties named as insureds. TRACTOR shall notify OWNGR in writing thereof within ten
None of the above waivers shall extend to the ri�hts thut days of the date of delivery of such certificates to CON-
uny of thc insurcd partics m.iy havc to the �roceeds of "1'RACTOR in accordance with paragraph 2.7. OWNER and
++ insurance hel� by OWNI:R �is trustec or otherwise pay- CUN'1'RACTOR shall each provide to the other such addi-
�iblc under any pulicy so issucd. tional information in respect of insurancc provided by cach
� as the other may reasonably requesL Pailure by OWNER or
5.1 1.2. O�'�'NGR and CON'!'RACTOR intend that any CON'I'RACI'OP. to give .iny such notice of objection within
�olicies provided in response to par.��;raphs $.b �in� 5.7 the time providc� shall cunstitute acce�tance of such insur-
shall protect all of the parties insured ancl provide primary ance pw•chascd by the other as complying with the Contract
coverage fur.►II losses and dam�ibcs r�uscd by thc perils Documcnts.
covered thereby. Accordingly,all such nolicies shall con-
��iin provisions to the elYect that in thc cvent of p.iymcnt
r
of any loss or d�image the insurer will ht�ve no ribhts o(� I'nrlin/Ufrlizr+lio�r—Properlv I�rsrrrance:
recovery against any of the p�lrties named as insureds or 5,�5. If OWNGI2 finds it necessary to occupy or use a
additional insurcds, t�nd if th� intiurcrs require ser:iratc portion or��ortions of thc Worl:prior ro Substantial Complc-
waiver forms to be signe�l by I:NGINGI:R or L:NGI- tion of all thc Work, such use or occupancy may be accom-
— NErR's consultant OWNGR will obt�iin the same, and il' plisheil in accordance with n:uagraph 14.10;provided that no
13
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�
such usc or occup.incy shall commcncc bcl�c�rc thc instn�crs 6.S. All matcri.ils.ind cyuirmcnt shall bc of�ood quality
providing thc property insurancc havc ac:knowlc�l�ccl noti�c and ncw, cxccrt ��s othcrwitic rrovidcd in thc Contract Doc- �''
thcrcof and in�vriting cffcctcil th��h:in�c�in cuvcr:i�,c nccc.r•- umcnts. If rcquircd by F,NGINI:I:R, CON'I'RACCOR shall �
sitated thcreby. 'I'hc insurcrs rrovi�ling thc prorcrty insur- furnish satisfactory evidcnce (including reports of rcquircd
ancc shall conscnt by endurscmcnt on thc rolicy ur nolicics, tests) as to the kind and quality of materials and equipment.
but thc property insurancc shall not bc ccin�cllr�l or la�sc un All matcrials and cquirmcn[ shall bc applicd, installed, con- �,
account of any such partial usc or occup:incy. ncctcd,crcctc�l,usccl,cicancd and conditioncd in accordancc
�vith lhc insU•uctions c�F thc ap�liriblc Supplicr cxccpt as
othcrwisc provicicd in thc Contract Documcnts; but no pro-
vision of any such inslructions will bc cffcctivc to assign to —
AR'I'ICLE G—CON'CIZACTOR'S RI:SPONS11311.1'l'ILS I�NGINL(;R,or:�ny of��NGINrG12's consultants,agcnts or
cmployccs, any �lu[y or authority to supervisc or dircct thc
Supen�ision a�rd Superintendeirce: furnishing or perl�ormancc of the Work or any duty or author- �
ity to undcrtukc responsibility contrary to the provisions of
G.1. CONTRAC'1'OR shall xurcrvisc and dircct thc Wurk rai;iLraph 9.IS or 9.16.
compctently and cflicicnUy, dcvuting such attcntion thcrcto
,incl applying such skills and cxpertisc ati m�iy bc ncccss.iry _
to pertbrm the Work in accordance with the Contract Doc- Adjus�r�rg Prn�ress Sc/redule:
umcnts. CON'1'RAC'l'OR shall hc sulcly responsiblc for thc �,,�,, LpN"I'12AC'fOR slial( submit to ENGINL-'ER for
mcans, mcthuds, tcchniqucs, scqucnccs ancl rroccdures of ,�cccrtancc (to thc cxtcnt indicatcd in paragraph "?9)adjust-
construction, but CONTRAC"I'nit shall nut hc responsiblc mcnts in thc �rcibress schcdulc to rcllcct thc impact thcrcon �-
for thc ncgligcncc of othcr� in Ihr dc�ign cir scicctiun of a �f nc�v �Icvclopmcnts; thcsc will conform gcncrally to thc �
spccific mcains, mcthocl, tcchniyuc, scyucncc or E�roccclurc ri•i�L�•css schcdulc thcn in cflccl and acldilionally will comrly
c�f construction whicli i� in�liratccl in an�l rcquircd by thc with uny rrovisiuns of lhc Gcncr�il Rcquircmcnts applicablc
Contract Documcnts. CON'I'RnC"1'OR shall hc respunsiblc thcrctu. �
to scc that thc finishccl Wurk c;um�lics accuratcly �vith thc
- Contract Documcnts.
' St�bslitrrlcs nr"Or-Gquu!"!len:s: _,
G.2. CONTRAC"1'OR shall kcc�on thc Work at all timcs �, � � �y��cncvcr matcrials or equipmcnt nre spccifcd
during its probress a compctcnt rrsidcnt�urcrintcncicnt,who /�'
tihall not bc rc��laccd without writtcn noticc to OWN GR ancl �rcicscribccl in thc Contract llocumcnts by using thc namc
of:i proprict.uy itcm or thc namc of a narticular Supplicr
ENGINGER cxccpt undcrcxtraordinary circumstanccs."]'hc thc naming of thc itcm is intendcd to cstablish thc typc, "'
surcrintcndcnt will bc CON'1'RnC'I'Olt's rc�rcticntativc at function�incl qualiry rcyuircd. Unlcss thc n:imc is followcd
thc sitc and tihall havc ciuthorit}� to act on bch�ill'of CON- hy �vorcls inclicating that no substitutiun is permittcd,
"I'IZAC7'OIZ. Allcommunicatiunsgivcntuthctiuperintcn�cnt matcrialsorcquipmentofothcrSupplicrsmaybcacccptcd '�
shall bc as binding as if givcn to CON"1'ItACTOI�. by ENGINI;LR if suf(icicnt inform<ition is submitted by �
CONTRAC"1'OR to allow ENGINEEK to dctcrminc that
thc matcrial or cquipmcnt proposed is cquivalcnt or cqual
l.abor,Materia/s a�rd F:qr�ipme�t/: to lhat namrcl.'1'hc nroccdurc for rcvicw by GNGINEGR _
6.3. CONTRAC"I'OR shall provi�lc compctcnt, suitc�bly will includc thc follo�ving as supplcmcntcd in thc Gcneral
qualificd personncl to survcy an�1 lay out thc Work ancl �cr- Rcquircmcnts. Rcqucsts for rcvicw of substitutc items of
furm construction as rcyuirc� by thc Cuntract vucumcnts. matcrial and cquipmcnt will not bc acccptc� by ENGI-
CON"I'IZAC7'OR shall at all timcs maintain good clisciplinc � NrL'R from anyonc othcr than CON"1'RAC'TOR. If CON- "'
and order at thc sitc. Exccpt in conncction with thc safcty or 'I'RAC'I'OR wishcs to furnish or usc a substiwtc itcm of
protection of persons or thc Work or property at thc sitc or matcrial or cquipmcnt. CON'CRACTOR shall makc writ-
adjaccnt thcrcto, �in�1 cxccpt as othcnvisc indicatccl in thc ��n ,irp�i�;ition to GNGINEL'R Ibr acccptancc thcrcof, �
Contract Dc�aimcnts, all Wurk at thc sitc shall bc performcd ccrtil'ying th�it thc proposccl substitutc will perform adc-
during rcgular working hours, ana CON'I�IZACfOIt will not quatcly lhc functions and achicvc thc results callcd for by
permit overtimc work or the performance of Work on Sat- thc gcner.il dcsign, bc similar and of equal substtince to
w•�ay, Sunday or any Icb.il holiday without OWNLR's writ- that spccificd and bc suitcd to thc samc usc as that spcc- _
ten consent given after prior written notice to GNGINL[?IZ. ified. '1'he :ipplication will state that the evaluation and
acccpt,incc of thc �roposcd substitutc will not prcju�icc
6.4. Unlcss othcrwisc spccificcl in thc Gcncral Ilcquirc- CON'1'RAC7'OR's t�chicvcmcnt of Substantial Complc-
mcnts,CONTRAC'1'OR shall furnish an�l assumc full respon- tion on timc, whcthcr or not acccptancc of thc substiwte —
sibility for all matcri�ils, cquipmcnt, labor, transportation, for usc in thc Work will rcquirc a changc in any of thc
construction cquipmcnt ancl m.ichincry, toc�ls, arrlianccs, ConU�act Documcnts (or in thc provisions of any othcr
t�ucl, powcr, light, hcat, tcicphunc, watcr, sanit:iry facilitics, dircct contr,ict with OWNGR for work on thc Projcct) to
r-
tcmporary Gicilitics and all othcr facilitics .ind incidcntals ad:irt thc dcsign to thc proposcd substitutc and whcthcr �,µ
necessary for the furnishing, perl'ormance, tcsting, start-up or ne�t incorporation or use uf the substitutc in connection
and com�lction of'thc Wc�rk. with thc �Vork is suhjcct lo paymcnt of�►ny licensc fcc or
14
s, �„
�
royalty.All vari.Uions ol'the nrupu�c�i sub,titutc from th,it OWNL'P. and GNGWI:ER .ind if CON"CRAC'COR has ;
" spcci(iecl will hc i�lcntificel in thr:�rrr�.������,and availablc tiuhmitte�l ,t list thereof in accord.�nce with the Supnle-
� maintenunce, rerair and re�lacrmcnt scrvice will hc in�li- mcntary Condiliuns,OWNL'It's or GNG1NI:rlt's accept-
c.tte�i. '1'he application wiU alsu com.iin an itemire�l esti- ance(either in writing or by failing to m,ike written objec-
mate of all costs that will result �irectly or indirectly from tion thercto hy the date indicated for acceptance or objec-
� aceeptance of such substitute, including rostti ol'redesi�;n tion in the bideling documents or the Contract Documents)
.ind claims of othcr comractors affcctcd by thc resulting uf any tiuch Suhcontr;�ctc�r, Su�rlicr or othcr rcrson or
ch.inge, all of which shall bc cc�nsidcrcd by I�NG1Nrli12 organization so idcnti(ied m�iy be rcvokecl on the basis of
in evalu<iting the propased subtititute. GNG1N[i[:I2 m.�y reasonable objection afterdue investig�nicm,in which case
� require CONTRAC�'OR to furnish at CONTRACTOR's CONTRACTOR shtill submit an acceptable substitute,the
expense.�dditional data about the rro�used substitute. Contract Price will be increased by the �liffercnce in the
cost occasionccl by such substitution and an appropriate
� 6.7.2. lf a specific means,metllod,techniquc,scquencc Change Order will be issued or Written Amendment signed.
or rrocedurc of construction is in�ic.iteei in or requircd by No acceptance by OWNER ar ENGINErR of any such
the Contract Documents,CON"1'RAC"I'OR may furnish or Suhcontractor, Sup�lier or other person or organization
utilizc a substitutc mc�ins, method, ticqucncc. Icchniquc shallconstilutc:iwaivcrufanyrig,htufOWNl:iRorGNG1-
^ or procedure of construction acce{�table to L-'NGINECR, NGGR to reject defec•tire•Work.
if CONTRACTOR submits suflicient information to�Ilow
I:NGING[iR to�Ictcrminc that Ihr suh�titutc �ri��uscd is 6.9. CON'fRAC'I'OR shall bc fully responsiblc to OWNGR
_ equivalent to that indicated or reqiiirecl hy the C��ntrict and LNG1NGrR for all acts and omissions of the Subcon-
Documents. "1'he nrocedure f��r rrvic�v hy i:NG1NGI:R tractors, Su�E�licrs and other persons and orS.inirations per-
will be similar to that nrovided in p;ir�igr.iph 6.7.1 ����nni��a f'orming or furnishing any of the Work under a direct or
by ENGINEGR und as muy bc surplcmcntccl in thc Gcn- indircct contract with CONTRACTOR just as CONTRAC-
r- cr.►I Requircmcnts. 7'OR is res�onsiblc for CON'1'RACTOR's own acts and omis-
� sions. Nothing in the Contract Documcnts shall crcatc any
6.7.3. FNGINI:I:R will hc allu�vr�l a rcasc,n.iblc timc contractual rclaticroshir hetwccn O�VNER or ENGINEER
within which to cvaluate cach proposccl substitute. GNGI- and any such Subcontractor, Supplier or other rerson or
�" NE�R will be the sole juelge of accrrtahiliry, �ind no organization, nor shall it create any obligation on the part of
substitute will be ordered, installed or utilized �vithout OWNGR or GNGINEGR to�ay or to see to the payment of
GNG1NrGR's prior wriUen accertaince which will be cvi- any moneys duc uny such Subcontractor, Suprlier or other
� denced by cither a Change Order or an a�provcd Shop person or or�anization except as may otherwise be required
^ Drawing. OWNER may require CON`l'RAC('OR to fur- by Laws and Regulations.
nish a[ CON"CRACTOR's ex{�ense a speciul rcrform.incc
guarantee or other surety �vith res�ect tu uny substitute. G.10. "fhe divisions an�sections of the Specilications and
., ENGINEER will record timc requirecl by L:NGINF.CR the idcntilications of any llrawings shall not contrul CON-
� and �NGIN�GR's consultants in evaluating substiWtions "I'RACTOR in dividing lhc Work among Subcontractors or
4 proposed by CONTItACtOR �ind in making changcs in Supplicrs or delineating the Work to be performcd by any
the Contract Documents occasioned thereby. Whether or specific trade.
r+ not ENGINI:I:R accepts n propose�l substitute, CON-
TRACT0f2 shall reimburse OWNf R for the charges of 6.I l. All Work performed for CONTRACTOR by a Sub-
ENGWLrR and rNGlNT:I:R's consultants for ev�iluat- contractor will he pursu�nt to .�n �►ppropriate .►greement
_ ing each pro�osed �ubstitute. between CON"1'IZAC'I'OR tu��l the Subcontractor which spe-
cifically binds the Subcontractor tu the applicable terms and
conditions of thc Contr.ict Documents for the benefit of
Cortcerning SuLconlrnclnrs,Srippliers and 01lrers: OWNER .ind LNGWEGR and contains waiver provisions
� 6.8.1. CONTRACI'Olt shall nut employ any Subcon- as required by pnragraph 5.11. CON'1'I2ACI'Olt sh��ll pay
tractor,Su�plierorotherpersonoror�ciniz�ition(inclucling each Subcontractor a ,just share of any insurance moneys
those accentable to OWNER and L'NGINT:ER as indi- reccived by CONTRACTOR on�ccount of losses under pol-
cated in �aragraph 6.8.'_'), whether initially or as a substi- icies issued pursuant to paragraphs 5.6 and 5.7.
�!! tutc, a��iinst whom OWNrR or T:NGINGGR m.iy have
rcasonablc objcction.CON"I'IZACTOR shall not bc requircd
to employ any Subcontractor,Su�plicr or other rerson or Patenl Pees a�rd Knynlries:
� org:inization to furnish or perform any of the Work against 6.12. CON"CRAC"I'OR shc�ll pay all license fees �nd roy-
whom CON'1'RAC'TOR has rcasonal�lc objcrtion. alties and assume ttll costs incident to the usc in the perfor-
� G,8.2. lf thc Sur�lcmenlary Conditions requirc the m.incc of thc Work or lhc incorror.Uiun in the Work of any
identity of certain Subcontr.ictors,Surrlicrs or oiher rer- imention, clesign, process, rroduct or device which is the
� suns or organizations (incluclinb thusc who sirc tc� furnish subjcct of ratent rights or copyri�hts hcl�l by othcrs. If a
the principal items of m.�tcrialti ancl equi�ment)tu bc sub- r�irticular invention, design, process, pro�uct or device is
' mitted to OWNr12 in advance of the spccificd d.ite prior specified in the Contract Documents Ibr use in the perfor-
� to the Effective Dute of the Agreement for accc�tance by manee uf the Work.in�1 if to the.ictual kno�vledge of OWNER
, 1S
�
or�NGIN�L'R its usc is subjcct to p:itcnt rights or copyrights placc of thc Projcct which arc applicablc during thc perfor-
calling for thc paymcnt ol'any liccnsc fcc or royalty lo othcrs, mancc of thc Worh. i
thc cxistcnce of such rights shall bc discloscd by OWNLR in
.r
thc Contract Documcnts. CON'1'RACI'OR shall indcmnify
and hold hlrmlcss OWNER and GNGINGER and an}�onc Use of Prcmises: i
dircctly or indircctly cmploycd by cithcr of thcm from and �, ��, CONTRACTOR shall confinc construction cquip- J
,�gainst �ill claims, dam:igcs, losscs .incl cx{�cnscs (including mcnt, thc slorabc of matcrials and cquipmcnt and thc oper-
attorneys'fces and court anel arbi�ration custs)arising uut of ��tions of workcrs to thc Project sitc and land and areas i�len-
any infringcmcnt of patcm ri�;hts ur cunyrights inci�lcnt lo tificcl in an� permittccf by thc Contract Documcnts and othcr
the use in thc performancc of thc Wurk or rctiulting I'rom thc lancl and arcas {�cnnittcd by Laws and Rcgulations, rights- _
incorporation in thc �Vork of.iny invcntiun. ilcsi�;n. pruccss, of-way, rcrmits and c.iscmcnts, and shall not unrcasonably
product or dcvicc not spccilicd in thc ConU�ac( Documcnts, cncumhcr thc prcmises with construction cquipmcnt or othcr
.ind shall dcfcnd.ill such claims in ccinncctiun with any allcgcd matcrials or cquipmcnt. CON7'RACTOR shall assume full
infringemcnt ot'such rights. responsibility for any damagc to�ny such land or arca,or to -r
thc o�vncr or occupant thcrcof or of any land or arcas conti�-
uous thcrctu, resulting from thc performancc of thc Work.
Pern�ils: Should �ny claim bc madc against OWN�R or I:NGINEER
G.13. Unlcss uthcrwisc �rovidc�i in thc Supplcmcntary by any such uwncr or occupant bccausc of thc performancc —
Conditions,CON1'RAC"I'OR shall ubtain and pay t'or all con- of thc Worl.,CONTRACTOR shall promptly attcmpt to settic
struction permits and liccnscs. OWNEIZ shall assisi CON- with such othcr party by agrccmcnt or othcrwisc resolvc thc
"I'KACTOIt, whcn ncccssary, in ubt�iining such permits and claim by arbitration or at la�v. CON"I'I2AC1'OR shafl, to thc �
liccnscs.CON'I'RACTOR shall pay all govcrnmcntal chargcs fullcst cxtcnt permittcd by Laws and IZcgulations,indcmnif'y
and inspcction fccs ncccssary for thc prusccution of thc Worh, �����hold OWNLR an�l ENGINrLR harmlcss from and against
which arc applicablc at thc timc of opcning of Bi�ls,or i1'thcrc all claims, damagcs, lostics and �xpcnscs(including, but not
are no Bi�s on thc Effcctivc Datc of thc Agrcemcnt. CON- limitcel to, fccs of cnginecrs, architccts, attorncys and othcr -r
'TKACI�OR shall pay all char�cs of utility uwncrs for con- p�'��fc�sionals and court and arbitration castti)arisinb dircctly,
nections to the Worh, anc! UWN 1:K shall pay all charges of indirectly or conseyucntially out of any action, Iegal or equi-
such utility owncrs for c.ipilal costs rcl�itcd thcrclo sucl� as table, brought by any sttch othcr party against OWNER or _
pl�uit invcstmcn� fecs. F_NGINEL'R to thc cxtcnt bascd on a claim arising out of
CONTRAC'1'OI2's perfurmancc of thc Work. �
I.aws«nd Rebrrintions: 6.17. I�uring thc progresti of thc Work, CONTRACTOR —
G.14.1. CON"I'RACI'Olt shall givc all noticcs ancl shall kcc�> thc prcmiscs frcc from accumulations of waste
comrly with all Laws and Rcgulations ��nni��ablc to fur- matcrials, rubbish and othcr debris resulting from thc Work. �
nishing and perfurmancc of�thc Work. Lxccrt whcre oth- �<<���comnlction of thc Work CON'TKAC"COR sh�ill removc �
crwisc cxpressty required hy a��rlicahlc Laws and Rcgu- 111 wastc materials, rubbish and debris from and about the
la�iuns,ncithcrO�VNI:It nur I:NGINL'L'It shall bc res�on- prcmiscs as wcll as all tools,applianccs,constructiun cquip-
siblc 1'or moniturinft CON'1'RAC"I'OR's com{�liancc with mcnt and machincry, and surplus matcrials, and shall Icnvc
any Laws or Rcgulations. thc sitc cican and ready for occupancy by OWN�R. CON- _
TRAC7'OR shall restore to original condition all property not
6.14.2. If CONTRACTOR obscrvcs that thc Spccifi- dcsignatcd for,iltcration by thc Contract Documcnts.
cations or Dr�iwings arc at variancc with any Laws or
Regulations, CON"TRAC'('OR shall �ivc ENGINEGK � G.IS. CONTRAC"1'OR shall not loacl nor permit any part �
prompt written nolicc thcreof,�incl any ncccssary changcs of any sh�ucturc to bc loadcd in any manncr that will cndangcr
tvill be authorizcd hy onc uf thc mctho�s indicatc�l in thc sh'ucturc, nor shall CON'I'RACTOK subjcct any ptu't of
paragraph 3.4. If CON'1'RAC"1'OI2 performs any �Vork thc Work or adjaccnt property to stresscs or ��ressures that _
knowing or having rctison to know that it is contrary to will cndangcr it.
such Laws ur Regulations, .ind �vithout such noticc to
ENGINGER, CON'fRACTOR shall hcar all costs arising
thcrcfrom;hu�acvcr,it shall not hc CONTRAC"1'OR's pri- Record Documcnrs: —
mary responsibility to make cenain th�it the Specifications G.19. CON'1'RAC'fOR shall maintain in a safe place at
and Drawings arc in accor�iancc with such Laws and �hc silc onc rccord copy of all Drawings, Speci(ications,
Rcgulations. Addcnda, Writtcn Amcnclmcnts, Changc nrdcrs, Work _
rn�������� ci,;�„s�,, Picicl Ordcrs and writtcn intcrprctalions
and clarificatiunti (issucd pursuant to paragra��h 9.4) in good
7'axes: ordcr �uid annotatc� to show all changcs made cluring con-
G.I5. CON1'RAC"1'OR shall pciy all salcs,consumcr, usc struction.'t'hcsc record docwncnts togcthcrwith all approvcd �
and othcr similar taxcs rc uirccl to hc ii� b CONTIZAG sant�Ics and a countcr u•t of all a rovcd Shu Drawin�s �
q r� Y I f'� PP P 6
'I'OI2 in accordancc with thc Lawz and Itc�ulations of thc will hc availablc tc� GNGINGL'K for rcfcrcncc. Upon com-
]6 `
_ . , �,
� '
rletion of tht Worl:, thcsc reccird �locuments, s.unrlcs an�l lsmer�errcies:
— Shop Drawings will be delivered tu 13NGINI:GR for OWNf:IL �,.22. �n cmcrgencics affecting thc safety or protection of ,
� rersons or the Work or rroperty at the site or adjacent thereto,
CONTR�ICTOR,without spcciul instrttction orauthorization
Snfety uied Pro�ection: from ENGINC�R or OWNER,is obligated to�ct to prevent
threatened damage,injury or loss.CONTRACTOR shall give
G.20. CON7'RACTOR sh�ill bc responsible for initiating, gNGINrERpromntwrittennoticeifCON'TRACTORbelieves
maint<iining and surervising nll safety precautions ancl rro- that any significant changes in the Work or variations from
� grams in connection with thc Work. CON'1'RAC"fOR shall �he Contrrict Documents havc been caused thereby.If ENGI-
take all necess.iry rrec.�utions fur the s.ifcty c�l', ancl shaU NrGP.determines that a change in [he Contract Documents
provide the necess<<ry protection to prevent cl�ima�e, in.jury �s required because of thc action taken in response to an
or luss to: emergency, a Work Directive Change or Change Order will
^ be issued to document the consequences of the ch�nges or
G.20.1. all cmployees on the Wi�rk and other persons variations.
�nd organizations who mav be ul'lected thereby;
� 6.20.2. all the Work and materials and equirment to Slrop Drawr�rgs a�td Sarnp/es:
be incorporated therein, whether in storage on or off the �, 2�, After cliecking and verifying all field measurements
site;and and after complying with applicable procedures specified in
thc Gcneral Requirements, CONTRACfOR shall submit to
� G.20.3. other rroperty at the site or adjacent thereto, �NGiNrGR for review and approval in accordance with the
including trees, shrubs, lawns, walks, pavements, road- ,��cepted schedule ��f Shop Dra�ving suhmissions (see par.i-
ways, structures, utilities and Underground racilities nut gra�h 2.9), or for other a��ropriate action if so in�licated in
!� designated for removal, relocation ur re��lacemcnt in thc �hc Supplcmentary Conclitions,five copies(unless othcrwise
` course of construction. specified in the General Requirements)of all Shop Drawings,
which will bcar a stamp or spccific written indication that
CONTRACTOR shall comply �vith all ;i��licable La�vs and CONTRACI'OR has satistied CON'1'RACI'OR's responsi-
r Regulations of any rublic body h�iving jurisdiction for the h��i�ies under thc Contract llocuments with respect to the
safety of persons or prorerty or to�rotect them from damagc, revie�v of the submission. All submissions will be identified
� injury or loss; and shall erect and m��intain all necessary as ENGINEER may require. The data shown on the Shop
rL safeguards for such safety and protection. CON'CRACTOR Drawings will be complete with respect to quantities,dimen-
shall notify o�vners of.idj.icent prorerty:ind of Unelerground sions, specifiecl performanee and design criteria, materitils
F,icilitics and utility owners when prosecution of�hc Work �nd simil.u•data to enable GNGIN��R to review the infor-
may uffect them, and shall cooperate with them in the pro- mation as required.
�"' tection, removal, reloc�tion and rerlacement of their prop-
� erty. All damage, injury or loss tc� .iny �roperty referred to 6.24. CONTRACTnR shall also submit to GNGINEER
in raragraph G.20.2 or (.20.3 causc�l, directly or indirectly, for review an�l approval �vilh such prompmess as to cause
in whole or in p�u-t,by CON'I'RACTOR, any Subcontr;ictor, no delay in Work,all samples required by the Contract Doc-
� Suprlier or�iny other person or organizution directly or ineli- uments. All samplcs will have been checked by an�l �iccom-
rcctly employed by any of thcm to perform or furnish any of panied by a specific written indication that CON1'RACTOR
the Work or anyone for whose�icts�iny of them may be liable, ���ls s�tisficd CONTRACTOR's responsihilitics undcr the
.. shall be remedied by CON'1'RACTOR(exeept damage or loss Contract Documents with respect to the revie�v of the sub-
attributable to Ihe t'ault of Urawings or Specifications or to , mission ancl�vill be idcntified cicarly as to matcrial,Supplier,
the acts or omissions of OWNGl2 or GNG W�ER or anyone pertinent data such as catalog numbers ancl the use for which
employed by either of them or��nyone for whose acts either intendecl.
� of them may be liable, �ind not atu•ibutahl�, directly or indi-
� recUy,in whole or in part,to the fault ur negligence of CON- �,25.I. Bcfore suhmitision of each Shop Drawing or
'I'RACTOR). CONTRi1CT012's duties ancl resronsibilitics sam��le CON"fRACTOR shall have determined and veri-
� for the s��l'ety and protection of the�Vork shall continue until fic�1 all quantitics,dimensions, specifiecl rerformance cri-
such time as all the Work is completed and ENGINEGR has teria, installation requirements, materi�ils, catalog num-
issucd a noticc to OWNI:R an� CON'I'RACI'OR in accord- bcrs and similar data with respect thereto .ind reviewed
ance with p�irabraph 14.13 that thc Wurk is accertable(except or coordinated each Shop Drawing or s.�mple with other
— as otherwise expressly nruvide�l in connection with Substan- Shop Drawings and samples and with the requirements of
` tial Completion). the Wrn�k and the Contract Documents.
6.21. CON"('ltAC"I'OR shall �Iesign.ite ,� res�c�nsible rep- G.2S.?. At the time of rich submission, CONTRAC-
� resentutive �it the site whosc duty shall he the �revcntion of 'I'OR shall give ENG1N GrR snecific written notice ofeach
accidents. This person sh.ill be CONTItACI'OR's superin- variation that the Shop Drawings or samples may have
� tendent unless otherwisc dcsignatcd in writing by CON- from the requiremcnts of the Contract Documents, and,
.. 1'RAC"1'OR to OWNER. in addition, shall cause a specific notation to be made on
17
�
�
cach Shop Dr,��ving submittc� tu 13NGINGLIt for rcvic�v pruvidcd that any such cl�iim,clamagc, loss or cxpcnsc(a) is
and approval ot'cach such variation. attrihutablc to bodily injury,sickncss,clisc,�sc or dcath,or to
injury tu ur �Irstructian uf tcingiblc pruperty (uthcr than thc .,;
6.26. LNGINE�It will rcvicw an�1 appruvc with rc.isun- Work itscll)including thc loss of usc resultinb thcrcfrum an�1
ablc promptncss Shop Drawinbs an�l snm��lcti, but LNG1- (h) is causc�l in wholc ur in part by any ncgligcnt act or ;
NG�R's rcvicw and ar�roval �vill bc only for conformancc omissiun of CON'1'RAC"fOR,any SubconU�actur.any person
with lhc dcsign concc��l of thc Projcct ancl fur com��liancc urorg.iniration dircctly or in�iirccUy cmployc�l by:�ny of lhcm '�
�vith thc information givcn in thc Contract Ducumcnts an�l to perfurm or Curnish any of thc Work ur anyonc Ibr whosc
shall not cxtcnd to mcans, mcthods, tcchniqucs, scqucnces acts any of thcm may be liablc, rcbardlcss of whcthcr or not
or procedures of consU-uction(except�vhere a specific mcans, it is caused in part by a party indemnified hcreunder or arises
mcthocl,tcchniquc,scqucncc or rroccclin•c of construction is by or is imroscd hy Law .incl Rcgul�itions rcgardlcss of thc �
indicatcd in or rcquircd by thc Cuntract llocumcnl�) or to ncgli�cncc uf.uiy such party.
safcty precautions or probrams incidrnt thcrcto.'['hc rcvic�v
and approval of a scraratc itcm as such will not indicatc G.31. In any and all claims against OWNER or GNGI- ,,,
approval oC the assembly in which �hc itcm functions. CON- NECR ur any uf their consultants, agents or employees by
TRAC'1'OK sh�ill makc carrccliunti rcc�uirc�l by I:NGINL�.I:It, .iny cmrloycc of CON'I'R11C"1'OIt, any Suhcontractur, any
and shall rctw�n thc rcquirc� numbcr uf corrcctcd copics of person ur org�inization clircctly or indircctly cmploycd by any
Shop llr�iwings and submit as rcquirccl nc�v sam�lcs lor rcvic�v of thcm to ncrfurm or furnish �iny of thc Work or anyonc for —
and approval. CONTRACTOlt shall �fircct spccific attcntion whosc acts any of thcm may bc liablc, thc indemnification
in �vriting to rcvisions othcr than thc con•cctions callcd fur ob!i6ation uncicr paragraph 6.30 shall nut bc limitccl in any
by ENGINE�It on Prcvious submivals. way by any limitation on thc amount or typc of damabcs, a
compcnsation or bcncfits payablc by or i'or CON'I'RACTOR
G.27. GNGW�ER's rcvicw ancl approval of Shop Draw- or any such Subcontr.ictor or othcr person or organization
ings or samplcs sh�ill not rclicve CONTR:IC'1'OR from undcr workcrs' or workmcn's compcnsation acts, disability
responsibility for any variatiun frum thc rcyuircmcnls uf tlic bcncfit acts or othcr cmploycc bcncfit acts. ,r
Contract Documcnts unlcss CON'I'IZAC"1'O(Z has in �vriting
called IiNG1NGGR's attcntion to carh such variation at lhc G.3'. '1'hc obligations of CON"I'RAC7'Olt un�cr para-
timc of suhmissiun as i�cquircd hy naragraph 6.?5.2 ancl granh G.30 shall not cxtcnd to thc liability of GNGINEER,
�NGIN1:liR has givcn wri�tcn a�iprovul of cach such v:�riu- F_NGINI;CR's consultants, abcnts or cmployccs arising out —
tion by a spcci(ic writtcn notation thcrcof incor��oratcd in ur of thc prcparation or approval of maps, drawings, upinions,
accompanying thc Shop llrawing or samplc aprroval; nor rcports, survcys, Changc Ordcrs,dcsigns or spccilications.
will any approval by ENGINLGR rclicvc CONTRACTOK
from responsibility for crrors or omissions in thc Shop Dr.iw- �
ings or from resrunsibility for havinb complic�l with llic rro- AR'fICLG 7—O"1'I�GI2 WORK
visions vf p�iragraph G.25.I.
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G.28. Whcrc a Shop Drawin�ur samplc is rcquircd by thc Rela�ed lVork at Si�e:
Spcci(icationti, ,iny rclatcd Work ��crformc� priur tu T:NGI- �,�, p�,yNLR m.iy perform othcrwork rclatcd to thc Proj-
NGER's rcvicw and approval uf the nertinent submission�vill ect at thc sitc by OWNLR's own forces, have othcr work
bc thc sole expcnse and responsibility of CON7�RAC'1'OR. performedby�rtilityowncrsorlctolherdirectcontractstherefor "
which shall comain Gcncral Canditions similar to thesc. If
Conti►rrring thc �i'ork: thc fact that such othcr work is to bc performcd was not noted
, in the ConU-act Documents, written notice thereof �vill be �
6.29. CON'I'RACT(lR shall cany un thc Work�incl a�hcrc givcn to CON'1'RACTOR rrior to starting any such othcr
to thc rrobress 5chcdulc dw�in�;all disputcs or disagrccmcn�s work; and, if CON('RAC"fOR belicvcs that such perfor-
with OWNLK.No Work shall be dclaycd or postponed pend- mancc will involve additional expense to CON7'RACTOR or
ing resolulion of any disputcs vr disagrccmcnts, cxccpt as rcquires ��dditional timc and thc partics arc unablc to agrcc —
permittcd by parabraph IS.S or us CON'fRr�C7'OR an�l �ti to thc cxtcnt thcrcof, CON1'RAC"I'OR m�iy makc a claim
OWN�I2 may othcrwisc<igrcc in�vritinb. thcrcfor as providcd in Articics I I and 12.
7.2. CONTRAC'fOR shall ufl'ord cach utility owncr and
/,rdem,riJicurro,r: othcr contractor who is a party to such a dircct contract(or
G.30. "lb thc 1'ullcst cxtcnt permittccl by La��vs ancl Rcgu- OWNCR, il'OWNLR is performing thc additional work wilh
lations CON'1'ItAC'1'OR shall incicmnify an�i hold h:irmlcss OWNI:R's cmrloyccs)proper and safc acccss to thc sitc and ,_,
OWNLR��ncl LNGINL't;R ancl thcir consultants,agcnts ancl a rcasunablc opnortunity for thc introduction .ind storagc of
cmpluyccs from and against all claimti, dama�cs, lusscs ancl malcrials an�cyuipmcnl:�nd thc cxccution of such work,and
cxpcnscs,dircct,indircct or conscqucntia!(including but nut shall nroperly conncct and coor�finatc thc Work with thcirs.
limitc�i to fccs and chargcs ot'cnginccrs,architccts,attorncys CONTRACI'OR shall do all cutting, fitting and patching of —
and othcr rrofessionals and court and arbih:ition costs)aris- the Work that may bc rcquire�to makc its several parts come
ing out of or resulting I'rom thc pcii�urm�uicc of thc Work, togcthcr��ro{�crly and intcbratc with such othcr work. CON-
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_ TRAC7'OR shall not endangcr any work uf others by cutting, tures which have been utilized by ENGW F.L:R in preparing
excavating or otherwise ulterinb thcir�vork and will unly cut lhe Drawings ancl Specifications.
� � or alter their work with the. writtcn c��nscnt of F.NGW LGR
and the others whose work �viU be al7ected. "1'he �futics and 8.5. OWNER's responsibilitics in respect of purchasing
responsibilities of CON'f RACTC)R un�ler thiti n:►rasraph are and maintaining liability and property insurance ure sct forth
� f'or the benefit of such utility owners and other contractors in paragraphs 5.5 through S.R.
to the extent th.it there are com�.�r.ihlc provisions I'ur thc
hencfit of CON7'RAC"1'OR in said direct contracts betwecn 8.6. OWNGR is obligated to execiite Change Orders as
�'' OWNER and such utility owners and other contracturs. indicated in p��ragraph 10.4.
7.3. If any part of CONTRACTOR's \Vork dcrcncls for x.7. OWN�R's resronsibility in respect of cert:�in
... proper execution or results upon thc work of any such othcr �nspcctions,tcsts and approvals is set furth in p�tragraph 13.4.
contractor or utility owner (or OWNFR), CON"fRACTOR
t shall inspect and promptly report to CNGINEER in writing �.R. ►n connection with OWNGR's right to stop Work or
�ny delays, defects or deficicncies in such �vork that render suspend Work,sce p.�ragraphs 13.10 and 1�.I.Para�raph 15.2
it unttvailable or unsuitable for such pruper execu�ion and ����Is with OWN�R's right to terminate services of CON-
N results. CON"1'RACTOR's failure so to rcport will constitute ��RAC1'012 imdcr certain circumstanccs.
an.iccent.ince of the othcr work as fit and rrorer for intcgra-
(ion with CON"I'RAC('OR's Wonc ��ce�t for latcnt or non-
� apparent cicfects and deficicnci�s in thc othcr work. ART[CLF,9—C:NGINGI;R'S S"['ATUS DURING
CONSTRUC'I'lON
Cnordinntion:
� 7.4. If OWNI:R contr.�cts with others for the perfor- �tivner's Represerrinfive:
� m.ince of othcr work on the Project .i1 Ihe si(e, thc rerson or 9.1. GNGIMiER will bc OWNGR's represen[�tive dur-
organization who will have authc�rity ;in�l resnonsihility for ing the contihvction period. 'I'he duties and responsibilities
�'" coordination of the activities ��mon� the v,irious prime con- and thc limitations of authority of ENGINGER as OWNER's
tractors will be identified in ihe Su��rlcment,u•y Conclitions, rerresentative din•ing construction are set forth in the Con-
t�nd lhe specilic matters to be coverecl by such authority and h•:tct Documcnts ancl sh.�ll not he cxtcnde�l without written
� resronsibility will be itemized,and the extent of such author- consent oF OWNCP.and ENG W�ER.
ity and responsibilities�vill be provided,in the Sup�lcmentary
Conditions. Unless otherwise providcd in the Supplementary
Conditions,ncilherOWNCR nor�NGINrCR shall havc any Visrrs Io Si1e: ,
r authoriry or responsibility in reti�rct c�f such coor�lination. 9.2. I:NGINr�R will make visits to the site ut intervals
'` arpropriate to the various stages of construction to observe
the progress and quality of the execirted Work and to deter-
ARTICLF_R—OWNGR'S RESPONSI13I1_1'1'IGS mine, in general, if the Work is proceeding in accordance
�+ with the Contract Documents.ENGINr6R will not bc required
t�make exhaustive or continuous on-site inspections to check
8.1. OWNER shall issue �ill communications to CON- the qu.ility or quantity of the Work. �NGINEER's efforts
TI2ACTOR through �NGINE�R. will be dirccted rowtird�roviding for OWNER a greaterdegree
of conficlence that the completed Work will conform to the
r 8.2. In case of termin.ition of the emrloymcnt cif GNG►- Contract Documcnts. On the basis of such visits and on-site
NrGR, OWN�R shall appoint �n engincer ,�gainst whom ohservations as an cxrericnced and quali6ed design profes-
� CONTRACTOR m�kes no reasonable objection, whose sta- sional,ENG W I:L'R���ill kcep OWN ER inlormed oi'the prog-
tus under the Contract Documents shall be that of the former ress of the Work and will endeavor to guard OWNER lgainst
�NGIN�ER. Any disrute in connection with such appoint- defects and deficiencies in the Work.
ment shall be subject to arbitration.
� R.3. OWNER shall furnish the<lata rcquired of OWNGR �'rojecl Reprrseulnlro�r:
under the Contract Documents promrtly and shall make pay- ).3. II' OWNER and f NGINT'�R agree, �NGIN�ER
ments to CONTRACTOR promptly after they are due .is will furnish a Resident Project Representative to assist
� provided in paragraphs 14.4 and 14.13. I;NGiNEER in observing the performance of the Work.The
� duties, responsibilities and limitations of authority of any
8.4. OWNrR's dutics in resrec:t of�roviding lands and such Resident Project Re�resentative and assistants will be
,. e�sements and rroviding engineering surveys tc� cstablish ��s providecl in the Suprlemcntary Conditions. If OWNER
reference points are set lorth in r.iragraphs 4.I and 4.4. Para- designates ❑nother agent to represent OWNrR at the site
�rarh 4.2 refers to OWNrR's identifying and making av,iil- who is not F:NGINEFR's agent or employee, the duties,
� able to CON'I'12ACTOR co�ies oi'repurts of explorations and res;�nnsibilitics �nd IimitrUions of authority oC such other
" tests of subsurface conditions at the site and in existing struc- person will be as provided in the Supplementary Conditions.
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Clnrificalions and/nlerpretalioi�.r: tu �NGINGER written notice of intcntion to appeal from ,
).4. GNGINEI:R �vill issuc with rcasunablc promrtncss s��ch a dccision. �
such writtcn clarifications or intcrprctations of thc rcquirc- ,
ments of the Contract Documents (in the form of Drawings /�ecisrnns on Uispures:
orothcrwisc)as ENGINEEK may dctcrminc ncccssary,which y.I l. GNG1NGEll will bc thc initial intcrpretcr of thc �
shall bc consistcnt with or rcasonahly infcrahlc frum thc �.`����i�.cmcnts of thc Contract Documcnts an� ju�gc of thc
ovcr�ll intcnt of thc Con(ract Documcnts. II'CON'fRAC"1'C)R ��cccptabiliry of thc Work lhcrcutidcr. Claims, �lisputes and
bclicvcs that a writtcn clarification or intcrprctatiun justifics
an incrcasc in thc Contr�ict Pricc or an cxtcnsion of thc �thcr mattcrs rclating to thc acccptability oCthc Work or thc
Contract Timc and thc rartics arc unablc to agrcc to thc ����crprctation of thc rcquircmcnts of thc Contract Documents _
amount or cxtrnt thcrcul',CON'I'ItACI'OR may makc,i claim P��-taining to Uu performancc.ind furnishing of thc Work an�l
thcrcfor as providcd in Articic I I ur Articic I?, claims undcr Ar�icics 1 I and 12 in res�cct ol'changcs in thc
CunU•�ict Pricc or Contr�►ct "fimc wi(I bc rcfcrrcd initially to
ENGINGER in writing with a rcqucst for a formal dccision ,J
Audrorrzed Vnrialions i�r Work: in accordancc �vith this paragraph, which ENGINEER will
9.5. GNGINL'GK may authurirc minor variations in thc rcndcr in writing within a rcasonablc timc. Writtcn noticc of {
Work from thc requirements of the Contract Documents which each such claim, disnute and other matter will be delivered
, . by thc claimant tc� LNGINEGR and thc othcr party to thc -�
do not involvc an adjustmcnt in thc ConU�act [ ncc c,r thc
Agrccmcnt rrompUy (but in no cvcnt latcr than thirty days)
Contract Time and .ire consistent �vith thc uvcrall intent of .��•ter the occurrence of the event giving rise thereto, and
thc Contract Documcnts. 'I'hcic may bc accomrlishc�l by a
Ficld Orcicr and will bc bincling on OVVNf�I:, an� nitio on ��riucn tiu{��xirting�tat:i will hc suhmittccl tu f:NG1NLER and _
CON"1'Ri1C'1'Olt �vho shall rcrform thc Wurk involvcd thc othcr��arty within sixty�I.iys aftcr such occurrcncc unlcss
promptly. If CON'1'R�1Cl'Ol2 brlicvcs th�il a I'icl�l Or�cr ��NGIN[:GIZ allaws an aclditional periu�l of timc lu asccrtain
justifies an incrcasc in thc Cuntract Pricc or an cxtcnsion of morc accuratc clata in support uf thc d��im.
thc Contract 'I'imc ancl thc rartics arc unablc to agrcc as to '�
the amount or cxtcnt thcrcof, CON"I'RACTUR may niakc a �•��'• W���n functioning as intcrprctcr an� judgc undcr
claim thcrcfor as providcd in Articic I I or 12. Par,i�ranhs 9.10 and 9.11, ENGINGI?R will nut show par- ;
, tiality to OWNER or CONTRACTOR ana will not bc liablc
in conncction with any inlcrrrctation or dccisiun rcndcrcd in —
Kejecliug 1)cfecli��e ►Yor�: 6��� faith in such ca�acity. The renclering of.i decision by
9.6. ENGINGER �vill havc authurity to �isapprovc or �NGIN GGR pursuant to paragr�phs 9.lU.ind 9.1 I with respcct
reject Work which rNGINErR bclieves to be JrJ'c�c•�ire,and to any such claim,clisp�ue or other matler(e!ccept any which J
� �vill alsu havc authurity tu rcyuire s�,ccial in��cctiun ur tcsting hav� b�cn waivcd by Ihc making or acc�htancc of final pay-
of thc Worh as �rovicic� in para�:raph 13.9. whcthcr or nut mcnt as ��ruvi�lccl in p:u•agraph 14.1G) will bc a cvndition
thc�Vork is fabricatcd, instullcd ur cumplctccl. prccc�lcnt tu any cxcrcitic by OWNEIt or CON"I'RAC't'OR �
uf tiuch rights or rcmc�lics as cithcr may uthcrwisc havc undcr
thc Contract I)ocumcntz or by Laws or Rcgulati�ms in resp�ct
Shop Urnwi�r�;s, Chau_S�e Orders nnr!Payvnc�rts: of any such claim, disrutc or other matter.
9.7 In conncction with [;NGWE1;12's resronsibility for r
Shop Drawings an� samnlcs, scc �ara�raphs G.23 thrc>ugh Linri�arions on ENGINI:I:R's ResponsiGilities:
6.28 inclusivc.
9.13. Ncithcr }:NG(NL'GR's authority to act undcr this
9.8. In conncction tvith I:NG W I:I:IZ's res��unsibilitics as . Articic 9 or clscwhcrc in thc Contract Uocumcnts nor any ,�
to Change Or�iers, sec Arlicics 10, I I an�1 12. decision madc by ENGIN GER in good faith eithcr to cxercise
ur not cxercisc such authority shall givc risc to any duty or '
9.9. In conncction with ENGINL'GIZ's resronsibilitics in responsibility oi'L-'NGINGE[L to CON"fRAC"I'OR, any Sub-
����r��� �r Arnr<<,c��,�„ ror r�aymrnt, ctc.. scc nrticic 14. conU�actor,any Supplicr,or any othcr person or organization —
performing any of thc Work,or to any surcty for any of them.
Dc�ermirrnliars for Uiir!Prices: y,14. Whcncvcr it�thc Contract Documcnts thc tcrms"as
9.10. L'NGINEL'K will �Ictcrminc thc ac:tu;il quantitics ur�crccl.., ..as dircctc�'. ..as rcquircd.•, ..tis allowcd", ••as '
and classific�riions of Unit Pricc �'�'urk perfurmc�l by CON- .ipprovcd" ur tcrms ol'likc cffcct or impvrt arc uscd, or thc
'fIZAC1'OK. GNGINL-'L-'R will rcvicw with CON'1'RACI'OR adjccti��cs"rcasonablc", "suitablc", "acccptablc", "pruper"
GNGINLGR's prcliminary �eterminations un such matters or "sati5factory" or adjectives of like effect or import are _
before rendcring a written decision thereon (by recommen- used to describc a rcyuiremcnt,direction,revicw or judgment
d�ition of an Application for Paymcnt or uthcnvisc). GNGI- of �NGINL'Glt as to thc Work, it is intendcd that such
N��R's writicn dccisions thcrcon will bc final and binding rcyuircmcnt, dircction, rcvicw or judgmcnt will bc solcly to
upon OWNCR ancl CON'fKAC'1�011, unlcss,within tcn days cvaluatc thc Work I�or compliancc with thc Contract Docu- —
aftcr thc datc of any such dccision,cithcr OWN I:It or CUN- mcnts (unlcss thcrc is a spccilic statcmcnt indicating othcr-
'1'RAC'I�OR dclivcrs to thc othcr rarry to thc Agrccmcnt an�l wise). "I'hc usc of any such tcrm or adjcctivc shall not bc
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effective to assign to ENGINL'I:R any duty or authority Io 10.4.3. changes in the Contract Price orContract Time
— supervise or direct the furnishing or perfonnance of the Work which embody the subst�nce of any written decision ren-
� ' or any duty or authority to unciertake responsibility contr��ry dered by GNGINEER pursuant to paragr�iph 9.1 I;
to the provisions of paragrarh 9.15 or 9.16. provided that, in licu of executing any such Changc Order,
� an a�peal may be taken f'rom any such decision in accord�nce
9.15. �NGWE�R will not be responsible for CON- with the provisions of the Contract Documents and arplicable
TRACTOR's me<ins,methods,techniques,sequenccs or pro- Laws and Pegulations, but during any such a��eal, CON-
eedures of construction, or the sal'ety nrecautions ancl pro- •���ZnLTOR shall carry on the Work and adhere ro tf�e prog- .
� grams incident thereto,and rNGINEEit�vill nc�t be respon- ress schedule as provided in paragraph 6.29.
sible for CONTRACTOR's failure to perfurm or furnish the
Work in accordance with the Contract Documents. �p,5, �f notice of any change affecting the general scope
.... � of the Work or the provisions of the Contract Documents
9.16. rNG1N�ER will not be responsible for the acts or ��ncluding, but not limited to, Contract Price or Contract
�. omissions of CON'I'RACTOR or of any Subcontractor, any Time) is required by the provisions of any I3ond to be given
Supplier, or of any other person or orbaniration performing ro a surety,the giving of any such notice will be CONTRAC-
� or furnishing any of the Work. TOR's responsibility,and the amount of each applicable Bond
will be adjusted accordingly.
� AR'I'ICL� ]0—CHANGES IN THE WORK
AR'('1CLE I I—CHANGE OF CONTRACT PIZICE
— 10.1. WithoutinvalidatinbtheAbrrcmcntandwithoutnoticc
to any surety, OWNER m�iy, :�t any time or from timc to �I.I. The Contract Price constitutes the rotal compen-
� time, order additions, dcletions or revisions in the �Vork; s�tion (subject to authorized adjustments) payable to CON-
these will be authorized by a�Vritten Amendmcnt,a Change TRACTOR for performing the Work.All duties,res�onsibil-
� Order,or a�Vork Directive Change. Uron receipt of any such �ties �incl obligations assigned to or undertaken by CON-
document,CONTRACTOR shall prompUy rroceed with thc �rRACTOR shall be at his expense without ch�nge in the
Work involved which will be performed under the arplicable Contract Price.
� conditions of the Contract Documents (cxcept as other���ise
specifict�lly provided). 11.2• The Contract Price mav only be changed by a Ch,inge
�
Order or by a Written Amendment.Any daim for an incrcase
10.2. !f OWNI:R and CONTRAC'1'OR are un;�ble to agrce or decrease in the Contract Pricc shall be based on written
as to the cxtcnt, if any, of an increase or decreasc in the notice delivered by the party making the claim to the other
� rarty and to�NGINErR promptly(but in no event later than
Contract Price or a�n extension or shoilrning of the Contract thirty days) after the occurrence of the event giving rise to
'1'ime that should bc allowed as a result of a Work Directive �he claim �nd stating the gener:�l ntiture of the claim. Notice
Change,a claim may be made thcrcfor as rrovided in Article of the amount of the claim with sunporting data shall be
r' I I or Article 12. �lelivered �vithin sixty d�ys after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
10.3. CONTRACTOR shall not bc cntitled to an incrcase more accurate data in support of the daim) and shall be
.,, in the Contract Price or an extension of th� Contrict Time 1ccompanied by claimant's written statement that the amount
with respect to 1ny Work perfurmed that is not require� hy claimed covers�II known .imounts (direct, indirect and con-
� the Contract Documents as amen�lecl, modifir�l an�l supple- sequential) to which the claimant is entitled as a result of the
mented 1s provided in n.�r.�granhs 3.d and 3,5, excert in the occurrence of said event. All claims for adjustment in the
� case of �in cmergency as providc�l in naragraph G.22 and Contract Price shall be determined by ENGINEGR in accor-
exce�t in the case of uncoverinb Work .is �rovidcd in para- �{��nce with paragranh 9.11 if OWNI:R and CON1'RACTOR
�r:irh 13.). c<innot other�vise iibree on the amount involved. No claim
for an adjustment in the Contract Price �vill be valid if not
� 10.4. OWNL}2 and CON'1�RACT0l2 shall cxccutc appru- submitted in accordance with this paragraph I 1.2.
priate Change Urcicrs(or Written Amcn�lmcnts)covering:
1 I.3. '1'he value of any Work covered by a Change Order
�- 10.�1.1. chan�.es in the Wurh which are ordered by or of t�ny claim for�►n increase or decrease in the Contract
� UWN�12 pursuant to narabr:iph 10.I,arc required because Price shall be determined in one of the following ways:
of acceptance of dcfe�r�irc�Work uncler puragraph 13.13 or
correcting deJi�cli��e� Work under paragraph 13.14, or are I 1.3.1. Where the Work involved is covered by unit
� agreed to by the parties; prices contained in the Contract Documents, 6 1 lica-
Y•pP
tion of unit prices to thc quantities of the items involved
'' IQ.4.2. changes in the ConUact Price orConU�act Time (subject to the provisions of paragraphs I 1.9.1. through
,.., which are agreed to by the rarties;and I 1.9:3, inclusive).
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11.3.2. By mutual acccpt�uicc uf a lumr sum (which tu thc othcr provisions of thc Contract Documcnts insofar
may includc an allowuncc for uvcnc�ad and prulit not as a{���licablc. �
ncccssarily in accur�lttncc with paragraph I I.G.2.I).
I I.4.4. Costs uf snccial consultants(inclucling but not
11.3.3. On thc basis of thc Cost of thc Work (�ctcr- limitc� tu cnginccrs, architccts, tcsting laboratories, sur- �
mincd as proviJcd in para�rarhs I 1.4 an�l I I.5) plus a vcyors,attorncys ancl accountants)cmploycd for scrvices
CON'1'RAC'1'OR's I�cc fur ovcrh�ad an�l rrulit (cictcr- �r��ilically rclatc�l to thc Work.
mincd as proviJcd in paragraphs I L6 anJ I I.7).
I 1.4.5. Supplcmcntal costs including thc following:
I I.4.$,l. 't'hc proportion of ncccssary trantirorta- '"
Cos1 of llie 11'ork: ����i�, �i•avcl an�t subsistcncc cxpcnscs ol'CON'1'RAC-
11.4. Thc term Cost of thc Worh mcans the sum of all �'OR's employccs incurred in discharge of duties con-
costs ncccssarily incurrcd ancl paicl by CON'1'IZAC1'OR in ncctcd with thc Work. .,�
thc proper performancc of thc Work. �xccpt as othcrwisc
may bc agreed to in writing by OWNGR, SUCII COSIS SIIAII hC ��,4,5,2, Cost, incl�iding transportation and main- I
in amounts no highcr than thosc prcvailing in thc locality of �cnancc,of all matcrials,supplics,equipmcnt,machin- J
thc Projcct, shall includc only thc follo�ving itcros and shall �i-y, �lppliances, officc and tcmporary facilitics at thc
not include any of the costs itemircd in paragraph I I.S: site and hand tools nut owned by the workers, which
arc consumed in thc ncrformancc of thc Work,and cost
1 I.4.I. Payroll costs for employees in the dircct cmPloy less market valuc of such items used but not consumed ,
of CONTRAC'fOR in thc performancc of thc Work undcr which rcmain thc property of CON"TRAC7'OR.
schcdulcs of job classific�itions a�rccd u{�on by OWNLR
and CON'I'RAC1'OIt. 1'ayroll costs for cmpluyces not I 1.4.5.3. Rcntals of all constniction cquipmcnt and
cmploycd full timc on thc Wurk shall bc apportioncd on machincry �md thc parts thcrcof whcthcr rcntcd from ,�
thc basis of thcir timc spcnt on thc Work. Payroll costs CON"1'RAC'I'OR or olhcrs in accordancc with rcntal
shall inclu�c, but not bc limitc�f tu, salarics an� wa�cti agrccmcnts approvcd by OWNLR with thc advice of
plus thc cust of f�ringc•bcncfits which sh.ill include social GNGINEER,and Ihc costs of U�ansportation, loading, _
sccurity contributiuns,imcmpluymcnt,cxcisc and p.syroll unloacling, installation, dismantling and removal
taxcs, workcrs' or workmcn's comrcnsation, hcalth an� thcrcof—�ill in accordancc with terms of said rental �
rctirement bcncfits,bonuses,sick lcave,varition and hol- agrccmcnts.Thc rcntal of any such cquipment,machin-
id,iy pay applicablc thcrcto. Such cmployccs shall includc cry or parts shall ccasc�vhcn thc usc thercof is no longcr _
superintcn�cnts and forcmcn at thc sitc.'I'hc cx��cnscs of ncccssary fbr thc Work.
pa-forming Wurk t�ftcr rcgular wurkinb hours. on Satw�-
day, Sunclay or Icgal holidays, shall bc includc�l in thc I1.4.5.4. Salcs, consumcr, usc or similar taxcs
<ibovc to the extent authorized by OWNER. rclatcd to the Work, and for which CON'1'ItACTUIt is ,�
li<iblc, imposcd by Laws and Regulations.
11.4.2. Cost of all m�tcrials and cquipmcnt furnishcd
and incorporated in thc Work, including costs of trans- I 1.4.5.5. Dcrusits lost for c.wses othcr than negli- _
portation and storage thcrcof,and Suppliers'ficld services gence of CON"('RACCOR, any Subcontractor or any-
required in connection lherewith. All cash discounts shall one directly or indirectly employed by any of them or
accruc to CONTRAC'1'OR unlcss OWNER dcposits funds Cor whosc acts any of them may bc liablc, and royalty
with CON"I'RAC1'OIt with which to make payments, in . payments and fees for permits and licenses. �
which case thc cash discounts shall accruc to O�VNER.
All trade discounts, rcbates and refunds ancl all rcturns 11.4.S.G. Losses and damages (and relatcd
from sale of surplus materi:�ls und equipment shall accrue expenses),not compensated by insurance or otherwise,
to OWNGK, and CON'I'I2AC'I'OR shall makc provisions to thc Work orothcrwisc sustaincd by CONTKACTOR _
so that thcy may bc obtaincd. in conncction with thc performance and furnishing of
the Work (exccpt losscs and damages within the
11.4.3. Paymcnts madc hy CON"1'RACfOR to thc dcductiblc amounts of property insurancc cstablishcd _
Subcontractors f�ir �Vork performcd t,y Subcontractors. by OWN�R in accordance with �aragraph 5.9), pro-
If rcquired by OWNBIZ, CON'I'1LACTOK sh.ill obtain vidcd thcy have resultcd from causcs othcr than thc
compctitivc bids f'rom Subcontractors acccptablc to CON- ncgligcncc of CON'TKAC'fOR, any Siibcontractor, or
TRACTOR and shaU dclivcr such bids to OWNER �vho anyone directly or indirectly employcd by any of them r
will then determine,with the aelvice of ENGINGEIZ,which or for whose acts any of them may be liable. Such
bids �vill be accepted. If a subcontract providcs that thc losscs shall include settlements made with the written
Subcontractor is to bc paid on thc basis of' Cost of thc conscnt and approval of OWNEIZ. No such losscs,
Work Plus a Pee, thc Subcontractor's Cost of the Work damages and expcnses shall be include� in the Cost of _
shall bc dctcrniincd in thc samc manncr as CON'I'RAG thc Work for thc purposc of detcrmining CON"I'RAC-
TOK's Cost of thc Work.All subcontracts shall bc subjcct 'fOR's Fce. If, howcvcr, any such loss or damagc
�2 —
i�
�
requires reconstruction and CON"1'RAC"1'OR is piaced CONT2ICTOR's Fee:
�� in charge thereof, CON'1'RAC"1'OR shall be p.ii�1 I'or ��,�,, 'I'he CONTRAC"f'OR's Pee allo�ved to CON"I'RAC-
h' services a fec proportionute tu that stated in paragr.iph -COR for ovcrheacl and �rofit shall be determined as follows:
11.6.2.
� 1 1.4.SJ, '1'he cost of utilities, fucl and sanitary ��•�'•�• �l mutually ucceptable fixed fee;or if none can
facilities at the site. be agreed upon,
— I 1.4.S.R. Minor expcnscs such as telrbrams, Ic�ng I I.6.2, a fce based on the following percentages of the
distance telephone calls, Iclephone service at thc sitc, ���rious portions ot'thc Cost of the Work:
� expressa�e and similar petty cash items in connection
with the Work. I 1.G.2.1, for costs incurred under paragraphs 11.4.1
and 11.4.2, the CON"CRAC1'OR's Fee shall be fifteen
11.4.5.9. Cust of premiums fur additional f3oncls percent;
" und insurance required bccause uf ch.in�es in the Work
and premiums for��rorcrty insurancc covcra�c within I 1.6.2.2. forcostsincurrcdundcrparagranh 11.4.3,
A the limi�s of the deductible amounts estahlishcd by the CON'1'RACTOR's rcc shall be fve percent;and if
OWNGR in accordance with �ara�ra�h S.I. a suhcuntract is on thc btisis of Cost of thc Work Plus
a i=ce, thc maximum allowahle to CON'I'RACTOR an
,,,, I I.S. The term Cost of the�Vork shall not include any of account uf overhead und rrofit of all Subcontractors
the followinb: shall be fifteen perccnt;
i
��.5.�. P;�yrollcosts;indothercum�cns:itiunofCON- ��,�,�,3, no fce sh�ill be � ible on the basis of
"1'RACTOR's officers, exccutives, princip,ils (of pcirtner- r`Y`
� ship und sole �roprictorshirs), �;eneral managcrs, engi- �osts itemized imder p:u•agraphti 11.4.4, 11.4.5;���j ��,5;
neers,architects,estimators,attorneys,auditors,accoun- ��,�,,�,4. the amount of credit to be <illowed by
tants, purchasing and contracting .�gents, expeditors, CONTRAC'1'OR to OWNER for any such change which
� timekecpers, clerks and othcr �crsonncl emrlc�yed hy rctiults in a nct decrc.isc in cost will bc the amount of
CONTRAC"I'UR whcthet at [he sitr or in CON"1'RAG �he.ictual nct decrcuse nlus a deduction in CONTRAC-
'I'UR's principal or a branch officc for general a�lministra- 'fOR's Fce by an amount equal to tcn �crcent of the
tion of the Work and not specifically included in the agreed net decrease;and
��'� upon schedule of job cl�issifications referred to in prira-
braph 1 I.4.I or specificrilly covered by paragruph I 1.4.4— ��,(,,Z,S. when both additions an�l credits are
.ill of which are to be considerecl administrative costs involved in any one change, the adjustment in CON-
� covered by the CON'fRACTOR's Pee. TRAC1'OR's Fee shall be computed on the basis of the
11.5.2. Expenses of CONTRACTOR's principal ancl net ch�nge in accordance with p;�ragraphs 11.6.2.1
branch offices other than CON1'RACTOR's office at the thro.igh I 1.6.2.4, inclusive.
sitc.
�"!! I I.7. Whenever the cost of any Work is to be determined
� ursuant to �ra ra h 11.4 or 11.5, CONTRAC'TOR will
I I.S.i. Any p�irt of CONTRAC"fOR's capital expenseti, � �� s �
including interest on CON"I'RACTOR'S capital employed submit in form acceptable to �NGINErR an itemized cost
�. for the Work and charges .ig.iinst CONTRACTOR for breakdown together with sunporting data.
j delinquent payments.
� Cash AJlnwances:
11,5.4. Cost uf premiums for all l3onds and for all
� insurancc whcther or not CON"1'RAC"I'OR is required by 1 I.3. It is undcrstood that CON'1'RACI'OR has included
the Contract Documents to purch<<se and maintain the �n the Contr.ict Price all allowances so named in the Contract
same (except for the cost of premiums covered by sub- Documents and shall cause the Work so covered to be done
paragrarh I I.4.59 nbove). by such SuUcontractors or Suppliers and for such sums within
� the limit of the allowances as may be acceptable ro GNGI-
I 1.5.5. Costs due to the negligence of CONTRAC- NEER. CONTRACTOK agrees that:
TOR, any Subcontr.�ctor,or anyonc dirccUy or indirectly
emrloyed by any of them or for whose acts any of them 1 I•8•l. 1'he allowances include the cost to CON-
r may be liable, including hut not limited to, the correction TRAC'1'OR Qess any a��plicahle tr.�de discounts)of mate-
� of defi•c�iti�c� Work, disposal of materials or equi�ment rials and equi��ment required by the allowanees to be deliv-
wmngly supplied and making good .iny d.�magc to prop- ered ut the site, and all tipplicable taxes;and
� erty.
Il.R.2. CONTRACTOR's costs for unloading and
]1.5.6. Other overhead or gcncral expense costs of h.�ndling on the site, Inbor, installation costs, overhead,
' any kind and the costs of any item not specifically ancl profit and other expenses contemplated for thc.+Ilowances
— exrressly included in paragraph I 1.4. have heen included in the Contract Price �nd not in the
,
23
�I
�
allowanccs. No dcmand for additional paymcnt on account shall bc dctcrmincd by ENGINLER in accordancc with para-
of any thcrcof will bc valid. grirh 9.I 1 if OWNER and CON1'RACI'O[t cannot othcrwisc �
agrcc. No claim for an mfjustmcnt in thc Contract"1'imc �vill
I'rior to (inal paymcnt, an apprupriatc Ch,uigc Ordcr will bc bc valicl iF i�ot submittccl in accurdancc with thc rcquircmcnts
issued as recommendcd by GNGINEL'R to rellect actual of this paragraph 12.1.
amounts duc CON7'RAC'1'OR on account of Work covcrcd —
by allowanccs. an�l thc Cc���tract Pricc shall hc currc�rond- 12.2. '1'hc CunU�act "('imc �vill bc extcnclal in an amount
ingly adjustcd. cyu�il tu timc losl duc to dclays beyoncl thc control of CON-
TRACTOR if a claim is madc thcrefor as provided in para- J
graph I?.1. Such dclays shall includc, but not bc limited to,
UnilPrice �i'ork: ucts or ncglc�t by OWNGR or olhcrs performing additional
I 1.),I. VVhcrc thc CbnU�.ict Documcnts rrovi�fc th,it work .is cuntcm�latcd hy Articic 7, or to lires, floods, labor �
all or p��rt uf thc Work is to bc Unit Pricc Work, initially �is��ulcs, cpi�lcmics, abnormal wcathcr con�litions or acts of
the Contract Pricc will hc ciccmcd to inrludc fur all Unit God.
Yricc Work an amount cqual lo thc sum of lhc cstablishcd
i
unit priccs 1'or cach ticparatcly icicntitic�l itcm u('Unit Pricc 12.3. All timc limits stated in thc Contract Documcnts
Work timcs thc cstimatcd quantity of c:ich itcm as indi- arc of thc cssencc of the Agrecment. '1'he provisions of this _
catcd in thc A6rccmcnt.'I'hc cstimatccf quantitics of itcros Articic 12 shall nc�t cxclude rccovcry for damaFcs(including
ot Unit Pricc Work are no� gu:u-antecel and are solely for but not limited to fecs and cheu•ges of enFineers. architects,
thc pur�osc of com�arison of 13i�1s ,incl �Ictcrminin� an attorncys ancl othcr prufcssionals and court and arbitration
initial Contract I'ricc. Dctcrminations of thc actu�il quan- custsl fur dclay by cithcr party. -�
tities and classifications uf Unit Pricc Work perfurmcd by
CON'1'RACT'0(Z will bc madc by LNGINLCI2 in ticcor- I
dancc �t�ilh Paragra��h 9.10. ,�
I I.).2. L�ich unit pricc will hc �Ircmal W inclutlr an ARTICLG 13—WAKIZAN"1'Y AND GUARAN'1'LE;
amount consi�lcred by CON'fRAC"I'Olt to bc adcyuutc tu '►'�S'1'S AND INSPL:C1'IONS;
cov�r CON'1'RAC'1'OR's ovcnc�a�l ana�rofit fur r,�ch scp- COIZIZLC"TION, RrMOVAL OR —
aratcly identilic� item. ACCEPTANC�OP DEPGCI'IVE WORK
11.9.3. �Vhcrc thc qu.inlity of�iny itcm of Unit Pricc '
Wurk {�crlbrmcd by CON'I'IZAC'I'Ult diffcrs matcrially Wurrnn(y aad Grrarnnfee: —
and signi(icanUy from thc cslimutc�l yuantily ol'such itcm I i.I. CON'I'RAC"1'OK warrants and guarantccs to
incJicatc� in thc Agrccmcnt an�f thcrc is no corrcti��oncling p�VNI�R ancl ENGINL•�R that till Work will bc in accor- �
adjustmcnt with res�,cct tu:iny uthcr itcm of�Vorh an�l il' �����cc with U�c CunU•act Documcnts ancl will not bc dcfec�ivc. „�
CON'1'ItACTOR bclicvc, that CON'1'R�1C7'OR has Prompt nolicc of all dcfccts shall bc givcn to CONTRAC-
incurrccl a�lditiunal cxrcnsc a� :i result thcrrof. CON- 'rpR. All dcfc��•rirc Work, whcthcr or not in placc, may bc
TRACfOK may nrikc .�claim fur an incrcasc in thc Con- �-�jcctcd.corrcctc�or acccntcd as pr�>vidc�i in this Articic 13.
tract I'ricc in accor�lancc with Articic I I if thc partics arc ..
unablc to agrce as to thc amount of any such incrcasc.
Access ro tiVork:
13.2. �NGINGGR and ENGINGLR's represcntativcs,
� othcr rc rescntativcs of UWNGR, tcsting agcncics and gov- '�
ARTICL� 12—CfIANGE Of�CON"1'RAC"1"1'IML'• n
a•nmental agencies with jurisdictional interests will have access
to thc Work at rcasonablc timcs for thcirobscrvation,inspccting
12.1. 1'!ic Contract Timc may only bc ch�ingcd by a Changc an� tcsting. CONTKAC'1'OR shall providc proper and safe _
Order or a Written Amendmcnt. Any claim for an cxtension conditions fur such access.
or shortcning of thc Conlract'1'imc shall hc hascd on writtcn
noticc Jclivcrcd by thc {�arty mahing thc claim to thc othcr
party and to GNGIN[:GIZ rrom��tly(but in no cvcnt latcr lhan resls nnrl Inspcclio►rs: _
thirty days) after thc c�ccin�rence uf the cvcnt giving risc to 13.3. CONTRAC'I'ORshallgiveENG1NGERtimclynotice
thc claim and stating thc gcncral naturc of thc claim. Noticc of rca�iincss of thc Work for all requircd inspcctions,tcsts or
of the extcnt of thc claim with supporting data shall bc dcliv- approvals. _
crcd within sixty days aftcr�uch uccurrcncc (unlcss GNGI-
N1:rR allc�ws an acl�itic�nal perio�i uf timc to asccrtain morc 1i.4. If Laws or Rcgulatiuns of any public body having
accuratc dala in suppurt of thr claim) ancl shall bc .�ccom- jurisclictiun rcquire any Work(or part thcrcol)to spccifically
panicd by thc claimant's �vrittcn statcment th:it thc a�ijust- bc insrcctcd, tcstcd or ��rn�o��d, CONTRAC"1'OR shall _
ment claimed is the entire a�ljustment to �vhich the claimant assumc full responsibility therefur,pay all costs in connection
has rcason to bclievc it is cntiUcd as a result of the occurrence �hcrewith and furnish GNGINEER thc required ccrtificates
of said evcnt. All claims for,��Ijustmcnt in thc Conu�.ict"fimc of in���cction, �cstinb or approval.CON�'RACTOR shall also
24
. u
�
.– be responsible for.ind shall �ay all custs in connection with thcreof, CONTRACTOR m.iy make a claim therefor as pro-
any inspection or testing r�quired in conncction wiUi OWn'- vided in Articles I 1 and 12.
� ElZ's or�NGINEF.R's acceptance of a Suprlier of m.�teri.ils ,
or equi�ment proposed to be incorpor.ited in the Work,or of O�v►rer A9ny Slop llre 6Vork:
— materials or equipment suhmitted for approval prior to CnN- 13.10. If the Work is cic�/'c-c�ive, or CONTRACTOR fails
'I'RACTOR's purchase thereof for incorporation in the Work. to su I sufficicnt skillecl workers or suitable m:�terials or
7'he cost uf all insrcctions,tcsts.in�l.�nr�•�,�,�t,�►,�ulditiun to rP Y •
cquipmcnt, or fails to furnish or perform thc Work in such a
_ the above which ure required by thc Contract Documents �y;ly th,�t the completed Work will conform to the Contract
shall be paid by OWN�R(unless otherwise s�ecified). Documents,OWNER may order CONTRACI'OR to stop the
E Work, or any �ortion thercof, until the causc for such order
13.5. All inspections, tcsts or a�rrovals othcr than those has bcen eliminated; however, this right of OWNER to stop
� reyuired by Laws or Regulations of any public body having ����W�rk shall not give rise to any duty on the�art of OWNER
jurisdiction shall be perCurmed by organizations acceptable [o excrcise this right for the benefit of CONTRACTOR or
to OWNER and CONTRACTOR (or by ENGINEER if so �lny other party.
� specified).
13.6. If any Work (including the work of others) that is Cnrrecliar nrllenroral of Defeclive Work:
to be inspected,tcsted or approvc�t is covercd without writtcn I�.1 I. If rcquircd hy I3NGIN GER,CUN'I'RAC'1'OR shall
" concurrence of GNGINEER, it must,if requested by ENGI- promptly, as directed, either correct .ill deJ'c�c�ire Work,
� NGGIt,be uncovered forobservation. Such uncovcring shall whether or not ('abririted, installed or completed, or, if the
be at CON1'12ACT'OR's expense unless CON1'I2ACTOI2 has Work has been rejected by ENGINE�R, remove it from the
given F.NGINEGR timely notice of CON"1'RACTOI2's inten- site and replaee it with�rnildcfectivc Work. CONTRACTOR
tion to cover the same and I:NGINLI�R has not .ictecl with shall bear all direct, indirect and consequential costs of such
; reasunable promptness in responsc to such notice. correction or removal (including but not limited to fees and
ch.�rges of cngincers, �trchitects,attorneys and other profes-
�'+! 13.7. Neither observ�tions by rNG1NEFR n��r inspec- ���nals)made nccessary thereby.
tions, tests or<�pprovals by others shall relieve CONTRAC-
TOR from CON1'RACTOR's oblig��tions to perform the Work
,, in.iccord��nce with the Contr�ct Documents. Une Yenr Correction Period:
" 13.12. If within one year after thc date of Substantial
� Completion or such longer period of time as may be pre-
scribed by Laws or Regi�lations or by the terms of any appli-
� Uncoverin� Work: cahle special guarantee required by the Contr�►ct Documents
13.8. If any Work is covered contrary to the�vritten request or by any specific provision of the Contract Documents,any
of CNGINL-;rR, it must, if requestcd by GNGINECR, be Work is found to be defectrre,CONTRACTOR shall prompdy,
uncovered for rNGINrGR's observation and replaccd �it �vithout cost to OWNER and in accordance�vith OWNGR's
CON7'RAC"I'012's exrense. written instructions, either correct such rlefectire Work, or,
� if it has been rejected by OWNER, remove it from the site
� and replace it with nondef'c�c�irn Work. If CONTRACTOr
13.9. If ENG1NEl:R considers it necessary or adviti�ble
that covered Work be ohserved by GNGINEER or inspccted ��es not promptly comrly with the terms of such intitructions,
� or tesled by others, CONTILACTOR, at �NGINGI;R's ��r in :�n emergency where delay would cause serious risk of
request, shall uncover, exrose or otherwise make av.iilable ���s or damage, OWNER may have the d�Jectii�c Work cor-
li�r observ.ition, inspeclion or teslin� .�s f:NGINt:rlt may rected or the rejected Work removed and replaced, and all
require, th.�t portion of the Work in qucstion, furnishing all direct, indirect nnd consequential costs of such removal and
� necessary labor, materi��l and equipment. If it is tinmd that replacement (including but not limited to fees and charges of
such Work is deJec�rve,CON"I'RAC"I'UR shall bearall direct, engineers,architects,attorneys and other professionals)will
indirect and consequential costs ol'�uch uncoverin�, exno- ��e n.�id by CONTRACTOR. !n srecial circumstances where
� sure, observation, inspcction an�l tetiting and of satisfactory a particular item of equirment is nlaced in continuous service
reconstruction,(including but not limitrd to fees ancl charges bcfore Substantial Completion of all the Work,the correction
of engineers, architects, attorneys and other professionals), periocl for that item may st<irt to run from an earlier date if
�ind OWNER shall be entitled to an �i�propriate decrease in so provided in the Specifications or by Written Amendment.
� the Contract Price, and, if the rartics are unahle to agree as
I to the amount thereof,may make a claim thereforas provicled
in Article I I. If, however, such W��rh is not foun�l to be �ccepta�ice of DeJective'�Vork:
'• c/c;%�c•�rve, CON"1'RAC"1'OR shall be allowed an increase in 13.13. If, instead of requirinb correction or removal and
the ConU•act Pricc or an extension uf the Contract Time, or rc�l.icemcnt of rleferlri�e Work, OWNGR (and, prior to
both, directly attributable to ,uch uncovcring, exrosure, ENGINEER's recommendation of final rayment, also
' observation, insrection, testing an�i reconstruction; ,�nd, if rNG1NEGR)prefers to accept it,OWN�R may do so.CON-
— the parties are unable to ❑Ercc as tii the amount or extent TRAC7'OR shall bear all direct, indirect �nd consequential
f
25
�
�
costs attributablc to OWNGR's cvaluatiun of and �lctcrmi- ARTICI_L 14—PAYMGNTS TO CONTRAC'I'OR AND
n,ition to accept such�Ic ferti��c Work(such costs tu hc:�rnro���i COM 1'LL"I'ION �;
by ENGINEL'•R as to rcasunablcncss ancl t�� inclu�lc but not
�v
bc limitcd to fccs and ch�irbcs of cn�;inccrs,architccls,attor- Srhedule nf Valucs:
ncys and othcr profcssionals). If any such acccpt�incc u�c:urs �
prior to GNGINEL'R's rccommcn�lation ol'fin.il paymcnt, u ��•�• ������ tichcdulr ol'valucs cstablishcd as providcd in
Change Order will be issued incorpuraling the necess;u'y revi- P<<rabr:�ph 2.9 will scrve cis the b<►sis Ibr progress p.�yments
sions in thc Contr�ict Documcntti with res�cct to thc Work; �t��� �'�II bc incorruratccl into a form of/�rplication for Pay-
and OWNER shall hc cntiUccl lo an appropriatc dccrcasc in �»cnt :icccptahlc to ENGINL:EIt. I'ragress raymcnts on �
account ol'Unit Pricc �'Vork will bc bascd on thc numbcr of
thc Contract Price, and, if thc p,irtics arc unablc to agrcc as ii��its cc�mnlctal.
to thc amount thcrcc�l', OWNI:tt may makc a claim thcrcfor
as providcd in Articic I I. If lhc accc�tancc uccurs af�tcr such �
rccommcnelation, an .�rn�'��r������� ��muunt will be paid by Applicution for Progress 1'aymenl:
CON�'RACTOR to OWNI�R. 14.2. At Icast twcnly�ays bcforc cach Progress payment
is �chcclulcd (but not murc oftcn than oncc a month), CON-
TR�1Cl'012 shall submit to GNGINEER Ibr rcvicw an Appli-
OWN13/2 Mn��Correct Uefecrire Sti'ork: cation fur Payment filled out and signed by CONTRACTUR —
13.14. If CONTRACI'O[Z I:iils within a reasonublc timc ��vcringthcWorkcomplctedasofthcdatcofthcApplication
.�nd accomp.inicd by such supporting documcntation as is
aftcr written notice of�NGINELK tu proc,:eel to correct ancl required by thc Contract Documents.If payment is requested
to correct dcfec�ii�e �Vvrk or to rcmuvc and replacc rcjcctcd ',
on thc basis of matcrials and cquipmcnt not incorporatcd in
Wurk �is rcyuirc�l by �NGINLGR in �iccordancc will� ��ara- �hc Work but dclivcrcd and suitably storcd at thc sitc or at
�raph 13.11, or if�CONTRACTnIt fails to perform thc Work �lnothcr location agrccd to in writing, thc Application for ,
in accordancc with lhc ConU•act Ducumcnts, or if CON- P.�ymcnt shall also bc accompanicd by a bill of salc, invoice J
"I'RAC'1'OR fails to cumply �aith any othcr provision of thc �r othcr�locumcntation warranting that OWNCR has rcccivcd
Contract Documents, OWN�R may, aftcr scv�n days' writ- the materials and cqui�ment frec and dear of all liens,charges,
ten noticc to CUN"I'RAC1'OR,corrcct and remc�y any such sccurity intcrests and cncumbranccs (which arc hcrcinaftcr
�cficicncy. ln cxcrcisinb thc rights and remcdics un�lcr this in thcsc Gcn�ral Conditions rcfcrred �o as "Licns") and '
paragraph OWN I�R shall rrocecel expcditiously."fo the extent �vidence that the materitils and equipment �u'e covered by �(�
ncccssaiy to complctc corrcctivc and remcdial action,OWNF,R ,lppropriatc pro�crty insurancc and othcr <u•rangcments to
may excludc CONTRACTOI2 from all or part of thc sitc,takc protcct OWN BI2's intcresl lhcrcin, all of which will bc sal- J
posscssion of all ur part of thc Work, and suspcncl CON- isfactory to OWNGR. Thc .imount ol'rctainagc with respcct
TKACTOR's scrviccs rclatcd thcrcto, takc posscssion of [u�rogress raymcnts will be as stipulatcd in thc Agreement.
CON7'I2ACTOK's tools,applianccs,construction cquipmcnt {
an�i machincry at thc sitc ,uul incorpor�itc in thc �Vork aU ..
materials and cyuipment stored at the site or fur which OWN GR �pNTRACTOR'.r Warrnnly of Title:
has p.�id CON'1'RACTOIt but which are storc� clscwhcrc. �4.3. CONTRACI'OR �varrants and gu�u•antccs that titic
CUN'fKAC'1'012 shall .illow OWNI�K, UWN�K's rcprescn- �i�.��� �i�i-k, matcrials and cquipmcnt c��vcrcd by any Appli-
tativcs,�igcnts an�cmployccs siich�icccss to thc sitc as may cation for Paymcnt, whcthcr incorporatcd in the Projcct or r
�ic ncccssary to cnablc OWNGIL to cxcrcisc thc rights and n�� ti,i�l pass to OWNGR no latcr than thc timc of paymcnt
rem�dics widcr this parxgraph. All dircct, indircct and con- frce and dear of all Licns.
scyucntial costs of OWNEIt in cxcrcising such rights �in� ,�
rcmedics will bc chargcd against CON'fI:AC'('OI2 in an amount
approved as to rc�isonablcncss Uy GNGINL�IL,ana a Changc Kevicw of Applrca[ions for Progress PaymenL•
Ordcr will be issuecl inco�porating the necessary revisions in 14,4. ENGINGGR will, within ten days after reccipt of
thc Contract Documcnts with resncct to thc Work; ancl each Application for Paymcnt, cithcr indicatc in writing a —'
UWNER shall bc cntiticd to an .�rn����r���<<tc dccrcasc in thc rccummcndation of paymcnt and prescnt thc Application to
Contract Pricc, ancl, if thc rartics arc unablc to agrec as to OWN�l2,or rcturn thc Application to CONTRAC"I'OR indi-
the amount thereof, OWNL'IZ may make a claim therefor as c<iting in writing ENGINGER's reasons for refusing to rec- _
r�o��a�� ��, n�-���i� I I. Such Jircct, indircct and conscqucn- ommcnd p.iymcnt. In thc lattcr casc, CON'I'RAC1'OR may
tial costs will includc but nut bc limitcd tu fccs .ui� chargcs m�kc thc ncccssary corrcctions 1n�1 resubmit thc Applica-
of cnginccrs, .irchitccts, attorncys ancl othcr prufcssion:�ls, �����. 1'en days aftcr presentation of the Application for Pay-
all court and arbitr�itiun costs ancl all costs of rcpair and mcnt with ENGINEEI:'s recommcndation, thc amount rco- _
replacemcnt ot� work of others destroyeel or damaged Uy ommended will(subject to the provisions of the last sentence
corrcction, rcmoval ur rcplaccmcnt of CON'I'RAC'fOR's of paragraph 14.7)bccomc duc and when duc will bc paid by
dcfective Work. CON'I'1tAC��OR sh,ill not be allowed an OWNL'R to CONTRAC'I'OR.
cxtcnsion of thc Contract Timc bccausc of any dclay in per-
formancc of the Work attributuble to the excrcise by OWNER 14.5. GNGINGGR's recommendation of any payment
of OWNI�K's rights an� rrmcclics hcrcuncicr. rcyucstcd in an Anplic.ition Cor Paymcnt will constitutc a
�
26
�.
�
represent.�tion by I:NGINf;LIl to OWNER,bascd on I:NG(- OWN1:R to a set-off<�bainst thc amount recommended, but
, NEI:R's on-site ohservations ol'the Work in progresti .is an OWNF,R must give CON'[�ane'1'UR imme�liate�vritten notice
;! experienced and qualified design professional and on F.,NGI- (with a cory to ENGIN�EI:) statin�; the reasons for such
NEER's revicw of the Application for Payment and the action.
�„ accompanying dat�� and schedules that the Work has �ro-
gressed to the point in�licated; that, to thc hest of ENG[-
NGER's knowlctlgc, infurmation ❑nd hclicf, Ihc quality of SrrLslanfrnl Cnn�plefin�r:
the Work iz in accordance with thc Cuntr.ict D��cumcnts 14.R. Whcn CON'1'R�1CT01: considers thc entire Work
— (subject to an evaluation of the Wurk c�s a functionin�whc�le ready for its intcndc�l utie CON"f'RAC'I'OR �hull notify
�rior to or upon Subst.�ntial Completion,to the results of any OWNER and IiNGINL�R in writing that the cntire Work is
' subsequent tests called for in the Contract Documents, to a substantially complcte(except for items specificsilly listed by
final detcrmination of quantitics ❑nd classilications for Unit CONTRACTOR as incomplcte) and requcst that ENGI-
I'rice Work under raragr�iph 9.10, an�l to any other qualifi- NGER issuc a certifiaite of Substantial Completion. Within
cations staled in the recommend,Uion);am1 that CON7'RAG a rcasonable time thereafter,04VNT:R,CON'1'RACTOI2 and
'1'OR is entitled to payment of the ;imount recommended. 6NGIN��R shall makc an inspeclion of thc Work to deter-
r However,by recommending any such p.iyment F.NGINEI:R mine the status of comrletion. If�NGINEGR does not eon-
will not thcrcby be�Iccmed to h.ivc rcnrescntc� thnt cxhaus- sidcr thc�Vurk substantially cumplcte,CNGINGT:R will notify
tive or continuous on-site inspections have been made to CUNT'RACTOR in writing giving the reasons therefor. If
check thc yuality or the qu.intity uf the Work heyond thc ENGINEER considers the Work substantially complete,
— responsibilitics specific;illy assibned tu ENG1N EGR in the �NGIN�GR will prerare and deliver to OWNEIt:+tentative
� Contr.ict Documents or that there may not l�e other matters certificate of Substanti.il Cumpletion which shall fix the date
or issues betwcen the p�irties that might entitle CONTRAC- of Substantial Completion. There shall be attached to the
"1'OR to be paid additionally by OWNGR or O�VN�R to certific.�te a tentative list of items to be completed or cor-
� withhold payment to CON"1'RAC"I'OR. rected hcfore final payment. OWN�R shall have seven days
aftcr receirt of thc tent.Uive ccrtific.ite during which to make
14.G. GNGINrGR's rccommcn�latie�n of fin.il payment written objcction to ENGINGGR as to.iny provisions of the
� will constitute an additional representation by ENGINGGR certificate or �ittache�l list. lf, after considering such objec-
to OWNGR that the conditions preccdent to CON"I'RAG tions, ENGIN�GR concludes that the Work is not substan-
TOR's being entitled ro final payment:is set forth in raragraph tially complete, ENGINEER will within fourteen days after
,<. 14.13 havc bcen fulfilled. submission of the tcnt.Uive ccrtificate to OWNER notify
�n1 CONTRAC"1'OR in writing, stating the rcasons thcrcfor. If,
� 14.7. ENGINL'ER may refuse to recommend the �vhole after consicleration of OWN�R's objcctions, GNGINEGR
or any part of any payment if, in ENGINE�I2's opinion, it considers the Work substantially complete,�NGINEGR will
would be incorrect to m�ke such repres�ntations to OWN�R. �vithin said fourteen days execute and deliver to OWNER
rNGINEEIt may also refuse to recommend any such pay- �nd CON'I'RACI'UI2 a definitive certificate of Substantial
ment, or, because ol� subsequcntly discovered evidcnce or Completion (with:� revisc� tentative list of items to be com-
the results of subsequent inspections or tests,nullify any such P��ted orcorrectcd)retlecting such changcs from the tentative
rayment previously recommcnded,to such extent as may be certificate as ENGINEER believes justified after consider-
nccessary in ENGIN�GR's opinion to�+rotect OWNGR from �tion of any objections from OWNER.At the time ofdelivery
loss because: of the tentative certificatc of Subst�ntial Completion �NGI-
NGER�vill deliverto OWNER and CONTRACTORa written
14.7.1. the Work is dcfectii�c�, or completed �Vork has �'�commendation as to division of responsibilities pending
� been d�maged requiring correction or rerl:�cemcnt, final payment behveen OWNrR and CON"CRACI'OR with
respect to security, operation, safety, maintenance, heat,
14.7.2. the Contract f'rice has hecn reducr�l by Writ- utilities, insurance and warranties. Unless OWNGR and
� ten Amendment or Change Order, CON'1'RACTOIt agree otherwise in writing and so inform
ENGIN�ER prior to FNGINE�R's issuing the definitive
14.7.3. OWNI:R h;�s heen required t�� currect d�fi-r- certificate of Substantial Completion, GNGlN13ER's afore-
w rive Work orcomplete Wark in accord,ince with pe►ragranh s��id recc�mmenelation will be binding on OWNER:ind CON-
r^� �� �� or TRAC"TOR until final payment.
14J.4. of GNGINI�I:R's ac�ual knowle�l�e of the �4.9. OWNr12 sh:ill h�ve the right to exclude CON-
r' occurrence of any of the events enumerated in�aragr�phs ���RAC"1'OK from the Work after the da[e of Subst�ntial Com-
'` 15.2.I through 15.2.9 inclusive. rletion,but OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on the tentalive list.
OWN�R may ref'use to makc rayment of the full amount
� recommended by I;NGINI3ER bec:�use claims have been
made against OWN�R on account of CONTRACI'OR's per- Pnrtial Uliliznlian:
✓ formance or furnishing of the Work or Liens have been filed 14.10. Use hy OWNGR of any finished part of the Work,
— in connection with the Work or there are other items entitling which has specifically been identified in the Contract Doeu-
' 27
�
.�
mcnts, or which OWN�R, ENGINEER and CON"I'RAC- 14.IU.3. No occupancy or separatc operation of part
7'OR agrcc constiWtc� a scp�iratcly functioning an�1 usc<<bic of thc Work wili bc accomplishcd prior to compliancc with �y
part of thc Work that c.in bc usccl by U�VNLR without sig- thc rcyuircmcnts of paragraph S,IS in respcct of property ��
nificant intcrfcrcncc �vith CON'1'KAC'I'OIZ's performancc of insw•ancc.
the remainder of the Wurk, may bc accomplishecl prior to
Substantial Completion of all the Work subjcct to thc follow-
ing:
Firra(/rtspeclio�t: "
14.I I. Upon writtcn noticc from CON7'RACTOR that Ihc
14.10.1. OWN�R at any timc may rcqucsl CON- ������•c Work or an agrcc�l portion thcrcof is complcic,�NGI-
'IRACTOR in writing to permit OWNER to usc any such NE[:K will makc a final inspcction with OWNER and CON- J
part of thc Work which OWNGR bclicvcs to bc rcady for �-KAC7'UR and will notil'y CON1'RACTOR in writing of all
its intendcd usc and sub�t�intially complctc. If CON- �,��•ticulars in which this inspcc[ion rcvcals that thc Work is
TRAC'I'OR agrees,CONTRAC"I'OK will eertify to OWN13R ]neomplete ��r dc;%ec�ivc�. CON'1'RAC'I'OR shall immediately
and GNGJNEEIt that said part of Ihc Work is substantially 11�c such mcasw•cs as .irc ncccssary to rcmcdy such dcfi- `-
complete and request GNGIN�I:R to issue a ccrtificatc of ciencics.
Substantial Complction for that rart of thc Work. CON-
TRACTOIt at any timc may notify OWNER :�nd ENGI-
NEGI2 in writinb that CON'1'RAC`I'Olt considcrs any such � —
part of thc Work rcady for its intcncicd usc and suhstan- �'���Q����'nlica�ion for/aynlenl:
tially complctc and rcqucst [:NGINGEI2 lo issuc a ccrtil'- 14.1?. Aftcr CONTRAC'I'UR h:iti complctcd all such cor-
icate of Substanti:il Completion fc�r that part uf the Work. rections to the satisfaction of ENGIN�LR and delivcred all
Withinareasonabletimeaftercithcrsuchrequest,OWNLIt, maintenance and operatinb inslructions, schedules, guaran- —
CON'fRAC"I'OR ��nd ENGINGLIZ tihall m.�kc nn insrcc- tccs, I3on�ls, ccrtificatcs of inspcction, markcd-up record
tion of that rart of thc Work to cictcrminc its status of documcnts (.is providcd in paragraph C.I)) and othcr docu-
complction. If�NG]N��IZ�ocs nut considcr that part of �Ti�nts—all as rcyuircd by thc Contract Documcnts,�nd aftcr _
thc Work to be substantially complctc, ENGINEER will �NGINL'rR has indicatcd that the Work is acccptable(sub-
notify OWNER and CONTKACTOR in writing�iving thc jcct to thc provisions of paragraph 14.16), CONTRACTOR
rcasons therefor. If rNGINf FR considers that�art of the may make arplication for final payment following the pro-
Worh to bc substantially complctc,thc provisions ol�para- ccdurc for progress paymcnts.Thc fin.�l Application for Yay- —
graphs 14.8 and 14.9 will apply with respcct to ccrli(ication mcnt shall bc accompanicd by �ill documentation callcd for
of Substantial Complction of that part uf thc Work and thc in the Contract Uocumcnts,together with complete and legally �(
division of responsibility in respcct thcrcof and acccss c1'fectivc rcicascs or waivers(satisfactory to OWNGR)of all �
thercto. Liens arising out of or filcd in connection with the Work. In `�
licu thcreoC and as approvcd by UWNER, CONTRACTOR
14.10.2. OWNER may at any timc request CON- may furnish reccipts or rclenses in full;an aflidavit of CON-
TRACTOR in �vriting to permit OWNER to take ovcr 'I'RACTOR that the relcascs and receipts include all labor, _,
operation of any such part of the �Vork �Ithough it is not services, materi.►I and equipment fur which a Licn could be
substantially complete. A copy of such request will he filecJ, and that all payrolls, material and equipment bills,and
sent to �NGINEGR and within a rcasonaUlc time therc- othcr indcbtcdncss conncctcd with thc Work for which
aftcr OWNER, CONTRACTOR and ENGINEER shall OWNGK or OWNL'R's property might in any way be respon- —
makc an inspection of that part of the Work to dcterminc siblc, ha��c been paia or othcrwisc satisficd; <ind consent of
its stuWs of comrlction and �+�ill prcparc a list of thc itcros lhe surcty, if any, tu final paymcnt. lf any Subcontractor or
remaining to bc complcted or corrcctc� thereon bcfore s�nni��r r���is to furnish �i rcleasc or receipt in full, CON-
final paymcnt. 11'CONTRAC"I'OR ducs not objcct in writ- 'I'RAC'1'OK may furnish a Bond or uthcr collatcral satisfac- "
ing to OWNCR and GNGINEER that such part oC thc tory to OWNG12 to indcmnify UWNEK against any Lien.
Work is not ready for scparatc operation by OWNER,
ENGINEEI2 will finalize the tist of'items to bc comnletcd
or correctcd and will dclivcr such list to OWN�R and Fr�rn/Priti�me�r[mrdAccepl�nce: —
CONTRACTOR togcthcr with a writtcn rccommcndation 14.13. !f', on thc basis of 6NGINGER's obscrvation of
as to the division ol'responsibilitics�ending tinal raymcnt the Work during consUvction and final inspecti�n, and
behvecn OWN�R and CONTRACTOR with respcct to GNGINGER's revic�v of the final Application for 1'aymcnt W++
sccurity, operation, safcty, maintcnancc, utilitics, insur- and accompanying documcntation—all as rcquircd by thc
ance,warranties and guarantecs for that part of thc Work Contract Ducumcnts, ENGINGER is satisfied that the Work
which will bccomc bindinF upon OWNER and CON- has hccn comrlctcd ancl CON'I'RACTOR's othcr obligations
TI2ACTOK :u thc timc whcn OWN�R t,�kcs ovcr such un�lcr thc Contract Documcnts havc bccn fullillecl, GNG!- —
operation(unlcss thcy shall havc othcrwisc aFrcc�in writ- NCEK will, within lcn ��iys aftcr rcccipt of thc final Appli-
ing and so informcd ENGINL'LR). During such operation cation I'ur Paymcnt, indicatc in writing ENGINGER's rec-
and prior to Substantial Com��lction of such part of thc ommcndation of paymcnt and prescnt thc Application to
Work, OWNER shall allow CON"['IZACTOR rcasonablc OWNL'12 for paiymcnt. 'fhcreu��on ENGINGL'R will givc �
acccss tu complctc ur corrcct items on sai�f lizt an�f to writtcn noticc to OWNGR<<nd CON'1'RAC'TUR that thc Work '�
complctc othcr rcicitccl Wurk. is acccpt:iblc subjcct tu thc provisions of paragraph 14.IG.
28
!
Othcrwisc, CNGINCCR will rcturn thc A�nlic;ition to CON- CQN'1'ItAC'1'OR'ti continuinb obligations uncicr thc Con-
� '1'RAC"COR, indicating in writin� lhc rcasons for rcl'using to tract Documcnts;an�l
v'
rccommcnd linal paymcnl, in �vhich casc CON'I'1:AC"1'Olt
shall makc thc ncccssary corrcctions and resubmit thc Appli- Id.IG.2. � waivcr of aU claims by CON'1'RAC"I'UR
�. c�tion. Thirty d,rys oftcr prescnt.�tion to OWN f:R of thc ab;�inst OWNGIt othcr than thosc prcviously ma�lc in writ-
Application and .iccompanying documcntation, in arpropri- ing ancl still unsetticd.
atc form and subst,incc,and with T:NGINGIiR's rccommcn-
ctation and noticc c�f acccptability, thc amount rccommcndc�l '
'"' by CNGINE�I2 will becomc due ancl will be�aid by O�VNGIt ARTICLC IS—SUSPGNSION OP WOI2IC AND
to CONTRAC"1'OR.
1T_Rh11NA'I'ION
14.14. If, through nu G�ult of CONTRAC"1'OR, linal com-
plcliUn of lhe Wc�rk is signi(icanUy drlayetl and if GNGI- Orv�rrr�1fay Suspe�rd{York:
'' NC�R so confirms, OVVNI:R shall, upon rcccint of CON- IS.I. OWN�R may, nt any timc an�l wilhout r�usc, sus-
TK/�CI'OR's fin.il A��plic:ition fur Paymcnt and recommcn- rcncl thc Work orany portiun chcrcuf fora periocl of not more
1^ datian of 1:NGINGEl2, an�t without tcrminating thc Agrcc- than nincty�lays Uy noticc in writing to CONTRAC"t'OR an�
mcnt, makc paymcnt of lhc b.�l:incc cluc for thal rortion of rNGWGIiR which will (ix thc datc on �vhich Work will bc
thc �Vork fully com��lctc�l an�l accc�tccl. ll� thr rcniaining resumc�l.CON'fRAC'f012 shall resumc thc Work on thc datc
_ bc►lancc lu bc hcld by 01VNI:R I'or�Vork nut fully com{�Ictcd sc�fixcd. CON"I'RACCOR shall bc allowcd an incrcasc in thc
or correctcd is lcss th:in thc rc�:iina�;c stirulatc�in thc Agrcc- Contract Pricc or an cxtcnsion of thc Contract'Cimc,or both,
'� mcnt, �+nd if 13on�ls havc bccn furnishccl as rcquirc� in p:ir;i- dircctly �ttribut:�blc to any suspcnsion il' CON'I'RAC7'Olt
graph 5.I, 1�1C Wfll�Cfl COI1SCIll U�IIIC SUf'l'lY IO lI1C �aymcnt makcs an approvcd claim thcrcfor as providc�l in Articics I I
� of thc balance duc for Ihat �wrtion of thc �Vurk fully com- ancl 12.
plctcd and acccptc�J sh�ill bc submittc�f by CONTRACCOR
to rNGINGGR with thc n���lic;ition I'or such p:�ymcnt.Such
paymcnt shall bc madc uncicr thc tcrms ancl conditi��ns gov- n��'�rcr,Lfay Tcr»ri�rule:
� crning final paymcnt, cxccpt lhut it shall nut constitutc a IS.2. Upon thc occurrcncc of any onc or morc of thc
. tvaivcr of claims. • following c��cnts:
15.2.I. if CONTRACfOR commcnccs.i volunt:iry casc
^ �,� Conlrnctor's Co�►fi�rrriirg OGlr�ntron: un�lcr.iny chaptcr of thc 13ank�liptcy Codc('1'itic 1 1,United
( I�1.15. CONTRAC"1'OR's obligatic�n to�crform and com- St.�tcs CocJc), as no�v on c�rcaftcr in clTcct, or if CON-
rlctc thc VVork in accorcl:incc with thc Cuntract Documcnls TRnC1'OR t�kcs any cquivalcnt or simil:ir action by(iling
� shall bc :�bsolulc. Ncithcr rccommcrnl:�tion c�f any rrugresti :� rctitiun or othcrwisc undcr any othcr fc�lcral or st:�tc
or linal �:iymcnt by L'•NGINC:I:R, nor thc issu:incc of a ccr- . law in cffcct at such timc rclating to thc bankruptcy or
tificatc of Sttbstantial Complction, nor any ��aymcnt by insolvcncy;
OWNCR to CON"1'RAC"TOR uncicr thc Contract Documcnts,
� nor any usc or occupancy of thc 1Vc�rk or:tny rart thcrcof by I 5.2.2, il' a rclition is filcd against CON1'RAC'I'OR
UWNT3R, nor any act of acccptancc by OWNGR nor any undcr any chantcr uf thc 13ankruptcy Codc as now or
failurc to do so, nor any revicw ancl ;�nnro��.�l i�f :i Shop hcrcaftcr in cffcct �t thc timc of filing, or if a pctition is
� Dr,iwing or samplc suhmissiun, nur thc issu:uuc ol'a no�icc filcd scckinF :�ny such cquivalcnt or similar rclicf against
ofacccptability by�NGINGT:R pursuant to r:ira�;r,iph 1�1.13, CON'fRnCl'OR undcr any othcr fc�lcr��l or statc Isiw in
p ; nor any corrcction of dc;/i•rrrvr 1'Vurk hy OWNl:lt will con- , cffcc:t at thr tiinc rcl:iliny to bankrurtcy or insolvcncy;
stilutc .in ttccc�tancc uf 1Vork not in acci�r�l:incc with thc
Contract Documcnts or a rrlc.��c uf C'ON'I'IZAC'1'OIZ'x obli- I 5.2.►. il'CON"fRAC['OR m:►kcs a gcncral:issibnmci�t
� gaticm to perfurm thc Work in:iccunlanrc wi(h thc Conh•;ict fur Ihc hcncfit uf crccliturs;
n�,����„�►,►,t�r��r► as ��rovi�lc�l in r:tr:i�;r:�rh 1�1.IG).
�5,?,.a, if a trustcc, rcccivcr, custodian or :ibcnt of
CUN'1'RAC"1'OR is anpointcd undcr applicablc law or undcr
� 1Yrrivcr nf Clarn►s: contr��ct, who�c :�p�aintmcnt or authority to takc chargc
I�.1G. '1'hc m:�kiny an�l :iec�ptancc ul'lin:il p:iymcne will of pro��erty ol' CON'l'RAC"1'OR is for lhc purpose of
����ti���i���: cnforcin�❑ I_icn ag:iinst sucli property or I'or thc purpose
� of�;cncral administr;Uion of such property for lhc bcncfit
I�1.IG.1. ,i w:iivcr ol' all claimti hy U�VNi:IZ .ig,iinsl <>f CQN"t'RAC�'OR's crcditors;
CON"flt/�C'1'OIZ, cxrc��t cl:iimti arisin�; I'rom unscttlr�l
n Licns, fr<�m c!�fi•r�irc• Work :i�pc.irin�: aftcr linal inti�,rc- 15.2.5. il'CON"I'1tAC'I'OR admits in writing an inabil-
tion pursu.►nt to rara�raph 14.I I or frum I'ailtn�c to comply ity to pay its dcbts bcncr.illy as thcy bccomc due;
with the Contract Documents or the tcrms uf any s��ecial
� buarantccs srccificd thcrcin; huwcvcr, it will not consti- I S.�.G. il'CONTRAC7'OIZ persistcntly fails to perform
— tutc a waivcr by OWNL•R of ;iny rights in respcct of thc �York in accorcl:incc �vith thc Contract Documents
� 29
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(incluclin�, but not limitc�i tu, failurc to sup�ly sul'licicnt 15.3. �Vhcrc CON'1'RACI'OR's scrviccs havc bccn so
skillcd workcrs or suit:iblc m:itcrials or cqui�mcnt or tcrminatccl by UWNI:R, thc tcrmination will not affcct any �
failurc to adhcre to thc�robress schcdulc cstablishc�l undrr riFhts or rcmcclics of 04VNI:12 against CUN"1'RAC"I'OR thcn �
p:iragraph 2.9 as rcviscd I'rom timc to timc): cxisting ��r which m:�y thcrc;iftcr .iccruc. Any rctcntion or .
paymcnt ol' moncys �fuc CON'1'RAC'1'OR by O�VNGR will
15,2.7, il'CON"fRAC'1'OIZ disrcgarcls Laws or Rcbu- not rcic:isc CON'I'RACTOR from liability. '
lalions of any puhlic body htiving jurisdiction; —
15.4. U�on scvcn days' writtcn•noticc to CON'1'[2AC-
15.2.8. if CON"I'RACCOIt clisrcgar�s thc:wthurity of '1'O12 ancl LNGWL'L'lt, OWNrIt may, �vithout causc .�nc(
ENGINrrR;or � �vi�huut prcjuclicc to��ny c�thcr ribht or rcmccly,ciccl lo aban-
clon thc �Vork :�nd lrrminatc thc Agrccmcnt. In sucli casc. !
15.2.9. if CON"1'1LAC'1'OK uthcr�visc viul:itrs in ��ny CUN'fRAC'1'Olt sh:�ll bc p:iicl 1'or.�II Work cxccutc�;inQ:�ny
substantial way ❑ny rrovisiuns c�f thc ConU:��l Doc:u- cxpcnsc sust,tinccl��lus rc:ison:iblc tcrmination cxpcnscs,which
mcnts; will inclucic, but not bc limited to, dircct, indirc�t ancl con-
scqucnti:il cosls(includin�,but not limitcd to,f�cs an�chargcs —
OWNER may, aftcr giving CON"I'RACTOR(:ind lhc surcry, of cnginccrs, architccts, attorncys and othcr prufcssionals
if thcrc bc onc) scvcn clsiys' writtcn nolicc an�l tu lhc cxtcnl ancl courl an�l :irbitr:Uion casts).
permittcd by Laws and Rcgulations, tcrmin�tc thc scrviccs _
of CON1'12ACTOR, cxclucic CONTRACTOR from lhc sitc Contrnclor�blcry Slnp�{'nrk or Tcrnlinn�c:
and takc posscssion of thc Work and of all CON"I'RAC"1'OR's
tools, a�pli:inccs, construction cquirmcnt and m:ichincry :�t I5.5. If, throu6h no act or fault of CON'1'RAC"1'OR, thc
thc sitc:ind usc thc samc to the full cxtrnt thcy coul�l bc uscc! Wark is suspcncic�l for a period of morc tlian nincty days Uy �
byCON"1'RAC'I'OR(withoutliabilityloCONTRACTOI: for O�VNGRorun�lcranordcrol'courtorothcrpublicauthurity,
trespass orconvcrsion),incorror:itc in thc\Vork.ill m:itcrials or �NGiNr�lt fails to act c�n any Arplic.ition for P:iymcnt I
and cquirmcnt storccl :�t �hc sitc or for which 01VNi:R has �vithin thirty d:rys ;�ftcr it is submiUc�l, or OWNGR fails for
�aid CON"I�RnC"1'OR Uut which are storcd clscwhcrc, nncl thirty clays to ray CONTRACI'QR .iny sum finully dctcr- —�
finish thc Wurk as OWNGR may accm cxPcclicnt. In such mincd to bc duc, thcn CON1'RACTOR mciy, upon scvcn
c.isc CON'I'RAC'I'OR shall not bc cntiticcl tc� rcccivc :�ny days'writtcn noticc to UWNGR and rNGiN�CR,tcrminatc
furthcr p:rymcnt until thc �Vork is finitihcd. ]f thc unp:�icl thc Agrccmcnt :�n�l rccovcr from OWNf?R paymcnt for all _
balancc of thc ConU'act Yricc cxccccls the clirrct,inilircct s�nd �'Vork cxccutcil anil :iny cxpcnsc sustainccl plus rcason�blc �
consequcntial costs of comrlcting thc Work (including but tcrmin:ition cxpcnscs. In addition uncl in licu of tCrminating
not limitcd to tc�s lncl chargcs of cnginccrs,architccts,attor- thc ngrccmcnt, if I:NGINC:IiR has failcd to act on an Anpli-
ncys:ind othcr profcssionals.�ncl court:�ncl;�rbitration costs) cation for Paymcnt or OWNrR has G�ilcd to makc any pay- �
such cxccss will bc raid to CON'1'RnC'I'OK. lf such costs mcnt ;�s ;ifores;iid, CON'CRAC'I'OR may upon scvcn �ays'
cxccccl such unp:iid b:ilancc, CON'1'RACI'Olt �h:ill p:�y thc writtcn noticc to OWNf:R :u�d L'NGINI�GIt stop thc Work i
dilTcrcncc to OWNI:R. Such costs incurrccl by OWNI:R will until ��aymcnt of all amounts Ihcn duc.Thc provisions of this
bc.ipprovcd as to reasonablcncss by GNG1N 1;T:12 and incor- para�raph sh:�ll not rclicvc CONTRACTORof thc obligations ..
poratcd in .i Changc Orcicr, but whcn cxcrcisinb any ri6hts undcr �:iragr:i��h G.29 to c:in•y on thc Work in :iccor�ltincc
or rcmcdics undcr this p:iragr.iph OWNGR shall nut hc rcquirccl with thc progress schcclulc ancl without dcl:ry�luring�lisputcs
to obtain thc lowcst pricc for thc Work rcrformc�l. ancl dis�grccmcnts with OWNGR.
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30 -
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ARTICLI: 16—AR131TRA'fION Amcrican Arhitration Associ�ition,and;i copy will bc scnt to
r" l� I:NCIN�f�R for inf��rm:��ion.The demand 1'orarhitr�tion will
� ''�� 16.1. All claims, disputcs and othcr m:ittcrs in qucstion h� m:ide �vithin the thirty-day or ten-day period specified in
bctween OWNGR and CONTI2AC'1'OR arisinb out of, or �`���`�s"�►'h 16.2 cis applicable, anci in all other riscs �vithin a
r. relating to the Contract Documents or the hreach thcrcof rcasonal,le time aflcr the claim, dispute or other matter in
(except for claims which havc hcen w,iived hy the mnking or q��estion has arisen, and in no event shall any such demand
acceptance of fin<il Payment as��rovided hy parabrirh 14.IG) �e made after the d:ite when institution of IeSal or equitaible
will be decided by arhitration in aecord:ince �vith the Con- Proceedings baseel on such cl:�im, disrute or other matter in
— struction lndustry Arbitration Rulcs of thc Amcrican ArUi- q��cstion wo�ild hc barrcd by the applicablc statutc of limi-
tration Association then obtaining subject to the limitations tations.
of this Article 1G. "I�his :igrccmcnt so tu arhitratc ancl any
� other agrcement or conscnt to�irhitrate cnteral intc�in accor- Ih.4. No:irbitration arising out of or relating lo the Con-
dancc herewith us providc�l in this Articic I�i will br tirccifi- tr:�ct nocuments�hall inclu�le by consolidntion,,joindcr or in
cally enforccable under the prevailinb I.��v ol':�ny court having any other manner ;iny other person or entity (including
jurisdiction. ENGINrGR, L;NGINGCR's agents, emrlayces or consul-
� lants)whc>is not a party to this conlract unlcss:
IG.2. No dem:in�l fur arhitration uf any claim. �lisputc ur
c>thcr mattcr th.it is rcquire�l to hc rrfcrrc�l to [;NGINGI:R �(,,4.1. thc inclusiun ol'such othcr�crs��n or cnlity is
initially for decision in accurdance with rarabr;i��h 9.1 I will necessary if c:om�lcle relief is to be:ifforded among those
" be madc until the earlicrol'(a)lhc date un which [:NGINC:G1: who arc alrc:iJ �rtics to the arbitration,
f
has rendered a decision or(b) the tcnth d�ry�Ftcr the p�rties Y r�
have �resented their evidcnce to I:NGINGI:R if a �vritten
decision has not brcn rendcred by I:NGINL'•G12 hcfore that IG.4.2. such other person or entity is substantially
rdate. No �cmand fur arbitration of nny such rlaim, �lis�utc involveel in ;i question ol'law c�r fact which is common to
� or other matter will be made later th,in thirly days after the thosc who arc alrcady�arties to thc:irbitration and which
datc on which ENGINT:ER has rendcrcd a Gvrittcn dccision will arise in such procccdings, and
� in respect thereof in accordance with p<iragraph).l I;an�thc
failurc to demand arbitration within said thirty clays' ncrio�l 16.4.3. thc writtcn conscnt of thc o�hcr rcrson or cntity
shall result in I;NGINI:I:R's ciccisiun hcing(in:il an�l hinclin� �i�i�bht �u hc includcd ancl ol'UWNER ancl CON'1'RAC-
upon OWNGI2 and CON"1'I2AC"1'OR. If ENGINEGR rrn�lers •�•Olt has becn obt�iineJ for such inclusiun,which consent
� �'' a dccision aftcr arbitration procccdinFs hu��c becn initiatc�l,
shall m:�kc specific rcfcrcnce to this paragraph; but no
such decisiun may hc entcrc�as cviilcncc hut�vill nol surcrsc�tc
{ such conscnl shall cc�nstitutc consent to arbitr:uion of any
thc arbitration proccedings, excert �vherc thc ilccisiun is �{iy�iitc not srccilically describcd in such consent or to
ucccpt.ible to the parlics conccrne�l. No�Icman�l 1'or arbitra- ,irbitration with any party not specifically idcnti(ied in such
tion of any written dccision of GNGINI:GR rcndered in conscnt.
accordance witli p.►ragraph 9.10 will bc ma�lc latcr th.in tcn
days aftcr thc party making such dcmand h:�s dclivcrccl writ-
� ten noticc of intention lo ;ip�eal as provi�led in r:ir;igrarh IG.S. Tlic award rendercd by the�rbitrators will be final,
9.10, judgmcnt may bc entercd upon it in any court having juris-
diction thereof, ��nd will not be subject to modification or
16.3. Noticc ol'the dcmand for:u�bitration will bc lilc� in appcal cxcept to thc cxtcnt permittcd by Sections 10 and I I
" writing with the olher party to thc Agrccmcnt an�l �vith the of the I'edcral Arbitration Act O U.S.C. §QI0,1 I).
i �
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ARTICLI: 17—MISCGLLAN�OUS sion or act of the other r.�rty or ol'any uf the other party's
� � emrloyecs ur abcnts or others for whose acts the other party
�� Givi,:g No�ice: is legally liable, claim will be macie in writing to the other
17.1. Whenevcr any provision of thc Contract Docu- f'��rty within a reasonable time of the first obscrvancc of such
� ments requires the giving of wriuen notice, it will he deemcd �njury or damagc.'1'hc rrovisions of this�aragraph 17.3 shall
not be construcd ,�s a substitute for or a �vaivcr of the pro-
to have been validly given if dclivcrc�l in rcrson tu thc in�i- visions of.iny a�rlicablc statute of limitations or rcpose.
vidual or to a member of thc firm or to an of(iccr of the
� corpor�tion far whom it is intendccl,or if dclivcrc�at or scnt
by registerec.t or certified mail, post;igc rrep.ii�1, to the I:ist 17.4. '!'hc diitics :�nd uhlig:�tiuns imposect by these Gen-
P business�ddress known to the�ivcr of thc noticc. cr,il Conditions and the rights and remcdies .rvailable hcre-
un�lcr tu thc p:irtics hcrcto, and, in particul,u• but without
�„� Conrputntion oJ7'ime: limit:ition, thc warranties,gunrantccs ancl oblig�itions imposcd
� 17.2.1. When any period uf time is rcl'rrre�l to in thc upon CON'I'ItAC"I'OR by p��ragraphs G.30, 11.1. 13.12. 13.14,
Contr.�ct Documents hy d,iys,it will be comruted to exclucle 14.z ;incl I S.? and all of thc rights and remedies av.iil.�ble to
the first and include the I.�s� d:iy uf�uch �crio�. If the I:ist OWNGR an�l GNGINI:F..12 thereuniler, are in adclition to,
R'� d.�y of any such period falls on a Saturday or Sun�l;�y or an�l:�rc not to bc construcd in;iny�+:�y as a limitation ol',�ny
on a day made.► Icfial holiday by thc law of the.�rri�cahlc ri�hts.ind remcdics uvailablc to any or all of them which are
jurisdiction, such day will bc omittcd 1'rom thc cumputa- othcrwisc impoticd ur availaUlc by Laws or Rcgulations, by
tion. spccial warranty or guarantee or by other provisions of the
Contract Documents, :�nd thc provisions ot' this paragraph
� 17.2.2. A calcndar dciy of t�venty-fc>ur hours measurcel ��ill be as cffcctive as if rcpeated specificnlly in thc Contract
from midnight to the ncxt midnibht sh�ill constitutc a�lay. pocumcnts in conncction with each p�rticular duty, obliga-
� tion, right and remcdy to �vhich thcy apply. All rerresenta-
Ge�reraL• tions, warronties and guarantees made in the Contract Doc-
17.3. Should OWN�R ur CONTRACI'012 suffer injury uments will survive fin:il payment and termination or com-
or damage to person or property because of any error,omis- pletion of the Agreement.
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SUPPLEMENTARY CONDITIONS '
..
l. These Supplementary Conditions amend or supplement the Standar� General
Conditions of the Construction Contract (No. 1910-8, 1983 ed.) and other
_ provisions of the Contract Documents as indicated below. All provisions
which are not so amended or supplemented remain in full force and effect.
2. The terms used in these Supplementary Conditions which are defined in the
� Standard General Conditions of the Construction Contract (No. 1910-8. 1983
ed.) have the meanings assigned to them in the General Conditions.
,� 3. Delete paragraph 2.2 of the General Conditions in its entirety and insert
the following in its place:
�][�1ER shall furnish to CONTRACTOR up to three copies of the Contract
- Documents as are reasonably necessary for the execution of the Work.
Additional copies will be furnished, upon request, at the cost of repro-
duction.
�
� 4. Delete paragraphs 5.6, 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, and 5.13 of the
General Conditions in their entirety.
� 5. Delete Article 16, ARBITRATION, of the General Condition in its entirety.
6. The Contractor agrees to file with the City prior to the commencement of the
- work, a certificate of insurance naming the City as a co-insured, showing
that the Contractor has in force for a period equal to the period of the
contract a policy of general liability insurance insuring the Contractor
� against liability for personal injuries arising out of the contract in a
, minimum amount of $100,000.00 for injury to any one person and $1,000,000.00
'{ for injuries received in any one accident and for property damage arising out
o.f the contract in the minimum amount of $100,000.00; and the Contractor
� hereby binds himself to indemniFy and save harmless the City of Cape
Girardeau from all claims, demands, suits and actions of_ every name and
description brought against the said City for or on account of any injuries
- or damages received or sustained by any parties or party by or from the acts
of the Contractor, or his servants or agents, in doing the work herein
contracted for, or by or in consequence of any negligence in guarding the
� same, or on account of any improper materials being used in construction, or
by or on account of any act or omission of the Contractor, or his servants or
agents.
� 7. Sales tax should not be figured into the bid for materials and equipment for
the Work as the Owner is exempt from Sales Tax. The Owner shall be invoiced
directly by the supplier of materials and equipment; then the Owner will pay
� suppliers directly for approved materials and equipment. The cost for
materials and equipment will then be deducted from the Contract Price to
determine the remaining amount of payment due to the Contractor for the Work.
I
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�' PREVAILING WAGE DETERiVIINATION
� State Agency or Sub-Division Determination No.
City of Ca.pe Girardeau 92-016-0012
Location of Project Date of Issue
City County Nov. 6, 1991
r Cape Girardeau Cape Girardeau County
� Supersedes Determination No.
� Description of Work:
� Replace Heating 5ystem F��r the Cit-y's A.C.I�rase Aren� Bldg.
I
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92-016-0012
� Determination No. is provided upon the request of
Thomas Strickland
Strickland �ngineering
P.O. Box 159
� Jackson, MO 63755
� In accordance with Section 290.260 RSMo (1986), within thirty (30) days after a certified copy of this
determination has been filed with the Secretary of State as indicated below,any person who may be affected by
this determination may object by filing an objection in triplicate with the Labor and Industrial Relations
� Commission, P.O. Box 599, Jefferson City, MO 65102. Such objections must set forth in writing the specific
grounds of objection. Each objection shall certity that a copy has been furnished to the Division of Labor
Standards, P.O. Box 449, Jefferson City, MO 65102, and to the party which requested this determination,
pursuant to 8 CSR 20-5.010(1). ��•
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� FOR OFFICE USE ONLY
�
NQV -� 1991
Filed With Secretary Of State:
� Last Date Objections May Be Filed:
DEC � 199i �� .
�! MO 625-0149(3-87) �
FI,
� STATE OF MISSOURI DONNA M.WHITE
•' �'c:.'�� DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS O[�A11TM[NT
� �� _':�;� DIVISION OF LABOR STANDARDS
�,, o�.«.o�
� r,...�� ?
��; ,.:,� �.o.eox a.p
' � JEFFERSON CITY,MISSOURI 651 O2 L•��j�On`
JOHN ASHCROFT >>�ns�•3aoa orvraox
�OV�RM011 0111[C�011
�
�
� In accordance with your request for the prevailing hourly rate of wages for
workmen required to perform the project or construction contract identified in
your request, and pursuant to Section 290.210 to 340 RSMo, the Division of Labor
� Standards, being duly informed and having fully considered the matter, finds,
determines, declares, and certifies to you and the public body you represent:
1. That the "Prevailing Hourly rate of wages" means the wages paid general-
ly, in the locality in which the public works is being performed, to work-
-' men engaged in work of a similar character including the basic hourly rate
of pay and amovnt of. the rF.te of contributions irrevocably made by a con-
� tractor or subcontractor to a trustee or to a third person pursuant to a
fund, plan or program and the amount of the rate of cost to the contractor
or subcontractor whic�i may be reasonably anticipated in providing benefits
rto workmen and mechanics pursuant to ttn enforceable commitment to carry out
I a financially responsible plan or program which was communicated in writing
to the workmen affected, for medical or hospital care, pensions on retire-
ments or death, compensation for injuries or illness resulting from occupa-
� tional activity or insurance to provide any of the foregoi.ng, for unemploy-
ment benefits, �ife insurance, disability and sickness insurance, accident
insurance, for vacation and holiday pay, for defraying cost of apprentice-
ship or other similar programs, or for other bona fide fringe benefits, but
_ only where the contractor or subcontractor is not required by other federal
or state law to provide any of the benefits; provided, that the obligation
of a contractor or subcontractor to make payment in accordance with the
prevailing wage determination of the department, insofar as sections
290.210 to 290.340 are concerned, may be dischar�ed by the making of pay-
�+ ment in cash, by the making of irrevocable contributions to trustee or
I third persons, as provided herein, by the assumption of an enforceable
l commitment to bear costs of a plan or program as provided herein, or any
combination thereof, where the aggregate of such payments, contributions
and cost is not less than the rate of pay plus the other amounts as provid-
� ed herein.
2. That certified copies of this determination will be filed immediately
with the Secretary of the State of Missouri and in the files of this depart-
— ment.
t The Division is not authorized to fix wage rates. The applicable law allows it
to only nscertain what, in fact are th� prevailing hourly wages for a given
craft in a given locality. A �ocality is the county or counties where the
� project is to be constructed. The law provides that not less than the prevail-
ing hourly wages determined by the Division shall be paid by a contractor or
snbrontractor. A higher �rgge rate mt�y be lawfully paid.
� Should obaections be filed to any portion of this determination, such obJ'ection
or objections must be specific and filed in accordance with Section 290.260 of
' the Prevailing Wage Law.
I� � �� .:{-'-�
im oec man, ssistant trector
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AFFIDAVTI'
� COMPLIANCE WITH 7�iE pREVAILING WAGE .
LAW
� Before me,the undersi ed No
gn tary Public,in and foz the County Of
_ State of personally ca.me and appeared (name and title)
` of the (name of company)
� (a corporation) (a partnership) (a proprietor-
ship)and after being duly sworn did depose and say that all provisions and require�.
�' ments set out in Chapter 290,Sections 290.210 through and including 290.340,Missouri
r Revised Statutes,pertaining to the payment of wages to workmen employed on public
works projects have been fully satiSfip� �,� �;�;��y;,��r,.iu exception to the�ull and
� _
complete compliance with said provisions and requirements and with Wage Deternv-
� nation NO.________�sued by the Division of Labor Standards on the
day of
�, _______ 19 -in carrying out the contract and work in conriection with (name of
project) located at (name of institu-
' tion) �
; Count}�,
Missouri,and completed on the day of 19
�
� �
Signature
— Subscribed and swom to me this day of 19
._•
` My commission.expires 19
_•
� . .
� Notary Public
�
��
'
�
�
t +
� CONTRACT '
NEW HEATING AND VENTILATION SYSTEP�I FOR A.C. BRASE ARENA BUILDING
�. CAPE GIRARDEAU, MISSOURI
This Contract made and entered into this day of ,
_ 1992, by and between the City of Cape Girardeau, Missouri, a Municipal
Corporation, acting by and through its City Manager, as authorized by the City
Council, hereinafter called the "City", and ,
authorized to do business in Missouri, hereinafter called the "Contractor";
� WIT[JESSETH:
� 1. DESCRIPTION OF WORK.
Contractor, for and in consideration of the payments to be made as
hereinafter provided, hereby agrees at his own expense, to perform all of the
' labor and services, and to furnish all of the materials and equipment necessary
� to complete this contract in accordance with the terms, conditions and
provisions thereof, including the Contract Documents, which are hereto attached
� and made a part of this Contract. The work of the improvement shall consist of
the following:
Furnish and install a new heating and ventilation system in the A.C. Brase
� Arena Building at Cape Girardeau, Missouri, in compliance with the
specifications and drawings.
— 2. PAYMENT.
4 Payment for said improvement sha11 be made at the price bid by the
� Contractor, as set out in the BID FORA4, which is attached hereto and made a
part hereof, and shall be full compensation for furnishing and installing the
iqORK complete in place, including all labor, equipment, materials, accessories
and incidentals. The total payment is as follows:
�
— Payment to the Contractor shall be made from the general revenue of the
� City with monthly estimates to be made to the Contractor for work completed,
less ten per cent (10�) retainage. Final payment to be made within ten (10)
days of final acceptance of the work by the City Council.
� 3. CONrRACT TIME-LIQUIDATED DAMAGES-EXTENSIOrI OF TIME.
� The Contractor hereby agrees to begin said work and improvement not later
than ten (10) days after the execution of this contract and hereby agrees to
substantially complete the same not later than sixty (60) calendar days after
� the execution of this contract. The work shall be completed not later than
ninety (90) calendar days after the execution of this contract. The contractor
shall schedule work around activities at the site with the owner.
r Time of completion is of the essence of this contract and should the
Contractor fail to complete the work within the number of days as set out
above, it is mutually understood and agreed between the parties hereto that
— considerable damage will be sustained by the City, but that it will be
� difficult, if not impossible for the City to establish either the full extent
or the amount of damage under the ordinary rules of evidence.
�
F �
� It is therefore understood and agreed by and between the parties hereto
that the payment by the Contractor to the City of the sum of One Hundred
�- Dollars ($100.00) per day for every day, except Sundays and holidays, the
contractor .fails to substantially complete the work to be done under this
contract as liquidated damages which the City will suffer by reason of the
_ default, and not by way of a penalty.
6
It is also understood and agreed by and between the parties hereto that
� the payment by the Contractor to the City of the sum of One Hundred Lbllars
($100.00) per day for every day, except Sundays and holidays, the contractor
fails to complete the work to be done under this contract as liquidated damages
�„ which the City will suffer by reason of the default, and not by way of a
penalty.
_ The time of completion as above set out shall determine the date after
which liquidated dam�ges shall begin. In the event the City Council should
a pass a resolution extending the time in which the work shall be completed, such
extension of time shal.l not void the provisions for the assessment of
� liquidated damages above described. The City Council, may hou�ver, for good
cause shown, such as unfavorable w�ather, material shortages, strikes, war, an
Act of God, or similar cause, �aaive the provisions for liquidated damages and
set a new date of completion, which date shall govern the time when liquidated
� damages shall begin.
..
4. APPROVAL OF THE WbRK AND COMPLETION OF CONTRACT.
� The Contractor, upon the completion of said work and improvement, shall
notify the Engineer of such fact. The Engineer sha11 thereupon inspect said
� work and make a written report to the City Council, and the City hereby agrees
that unon the approval of said report, and provided said work is completec� in
accordance with the terms of this contract, it will make payment to the
Contractor as hereinbefore provid�d.
� 5. CONTRACT DOCU►_�NTS.
�" It is agreed between the Parties to this contract that the plans,
� specifications, both general and detailed, the standard specifications approved
and adopted by the City Council and on file in the Office of the City Clerk,
�, and all resolutions and ordinances and proceedings by the City Council
pertaining in any detail whatsoever to the work included under this contract,
including the BID FORM submitted by the Contractor to the City Council shall be
and constitute integral parts of this contract as though set out in words and
� figures herein.
6. INDEMNITY TO CITY.
r
�;, Contractor agrees to file with the City prior to the comrnencement of the
work, a certificate of insurance naming the City as a co-insured, showing that
�, the Contractor has in force for a period equal to the period of this contract a
policy of general liability insurance insuring the Contractor against liability
for personal injuries arising out o:E the contract in a minimum amount of
$100,000.00 for injury to any one person and $1,000,000.00 for injuries
- received in any one accident and for property damage arising out of the
contract in the minimum amount of $100,000.00; and the Contractor hereby binds
�
Fi
� himself to indemnify and save harmless the City of Cape Girardeau from all
claims, damages, suits and actions of every name and description brought
�• against the said City for or on account of any injuries or damages received or
sustained by any parties or party by or from the acts of the Contractor, or his
servants or agents, in doing �he work herein contracted for, or by or in
_ consequence of any negligence in guarding the same, or on account of any
improper materials being used in construction, or by or on account of any act
� or omission of the Contractor, or his servants or agents.
� 7. CONTRACTOR'S SURETY.
The Contractor agrees to provid� a notarized Waiver of Lien for all
�, materials and labor for the project to the City prior to receiving payments for
the Work.
8. NO WAIVF'1R OF FUTURE BREACH.
I� The f_ailure of either Party to insist, in any one or more instances, on a
strict performance of any of the terms or the conditions of this agreement, or
� to exercise any right herein contained, shall not be construed as a future
waiver or a relinquishment of said rights, terms or conditions, but the same
s ha l l continue and remain in full force and ef_fect. None of the terms or
� conditions or this Agreement shall be altered, waived, modified or abandoned in
any manner except by written instrument executed by both parties.
9. PARTIES BOUNI�.
� This contract is binding upon the Parties hereto and their successors and
assigns.
r
IN WITNESS WEIEREOF, the City of Cape Girardeau, Missouri, has caused this
agreement to be signed by its City P4anager and attested by its City Clerk, with
_ the corporate seal of the City and has hereto
by and through its authorized representative, affixed its name the day and year
� first above written.
� CITY OF CAPE GIRARDEAU, MISSOURI
r
ATTEST: J. Ronald Fischer, City Manager
— Julie A. Dale, Deputy City Clerk
F
i
r, (Typed Name & Title of Signer)
ATTEST:
�
(Ty�ed Name & Title of Signer)
�
..
M SPECIFICATIONS
� ------------------
PART 1.00 - GENERAL
------------------
�
1.01 - DESCRIPTION OF WORK
"' A. The Work to be performed shall include all labor, materials, and ser-
t vices necessary for the proper execution and completion of all Work as
shown and indicated on the drawings, and/or herein specified with the
., intent that the installation shall be complete in every respect and
ready for use.
_ B. Work in this Section includes but is not necessarily limited to the
f_ollowing:
l. Furnish and install two new rooftop packaged heating units
with roof curbs on the stage roo.f of the A.C. Brase Arena
r Building.
� 2. Furnish and install all roofing repairs, curb insulation,
flashing, and counter flashing. Al1 roofing and curb flashing
�, materials shall be the same as existing materials. This
Contractor shall employ a roofinq Subcontractor to install the
roofing work.
3. Furnish and install three new rooftop exhaust fans with roof
" curbs on the barrel roof of the Arena Building.
; 4. Furnish and install all ducting and air devices as required.
Construct openings through the roofs as required for the
�•+ ducting.
� 5. Remove the upper portion of existing duct chase walls on the
stage as required to install the new ducting. These chase
walls will not be reconstructed.
� 6. Construct openings in the brick wall separating the return air
tunnel and the existing supply air tunnel as shown on the
drawings. These openings will allow the return air to flow up
- through the two duct chase to connect into the new return air
ducting.
7. Purnish and install all gas piping with block supports and
� roofing pads required for the new heating units. Paint gas
piping as specified. Remove the existing exterior gas pipinq
which supplies the existing furnace. The Owner will remove
all existing interior gas piping.
� 8. F'urnish and install all electrical power and controls with
required wiring, conduit, boxes, safety switches, circuit
breakers, etc. as required for the two heating units and the
^ three exhaust fans. Remove the existing feeder wires which
'` supply the existing 7 1/2 H.P. fan motor. The conduit for
this feeder shall remain. The Owner shall remove all other
electrical work not needed after the new work is installed.
� 9. Test and adjust all systems. Balance air flows as shown on
the drawings.
�A 1
�
n
�
, :
� 10. Furnish and install all other miscellaneous items as required
for the complete installation of two packaged heating units
r- and the three exhaust fans.
11. The existing heating furnace shall remain in operation until
one of the new heating units is ready for operation. Final
_ gas piping connections and ducting connections shall be
coordinated to make the conversion from the old system as
' quickly as possible. This conversion shall be coordinated
with the Owner.
� 12. Al1 work at the building shall be coordinated with the Owner
and shall be scheduled around scheduled activities for the
building.
� 1.02 - GEt�ERAL CONDITIONS
_ A. This Contractor shall comply with all contract doc�nents specified
for this project.
I
B. This Contractor shall visit the construction site and become
� familiar with the conditions under which the work shall be executed.
C. This Contractor shall verify all labor, materials, and services
�,,,, associated with this Work which will be provided by others, and
shall include all charges within the BID for this Work.
D. This Contractor shall obtain and pay for all permits and inspection
'� fees required by the local and state ordinances before starting the
k work.
r, E. This Contractor shall comply with all the city codes, ordinances,
and all other constituted authorities affecting the installation of
his work. This Work shall comply with the BOCA basic national
� mechanical code, 1990, and the National Electrical Coc�e, 1990, as a
minimum standard.
F. This Contractor shall bind himself to protect all interested parties
" and save them harmless from all damages arising from any violation
� of public ordinances and regulations resulting from his operations
during the execution of the Work.
� G. Materials and equipment EQUAL to items specified for this project
may be used if approved by the Engineer. Shop drawings shall be
submitted to the Engineer for approval.
�
H. This Contractor shall submit shop drawings, manufacturers'
specification sheets, and materials list for all materials and
� equipment to be installed in this Work to the Engineer for
� approval. Submit these items as specified in the Contract
Documents.
'
� 2
�
�
� 1.03 - DRAWINGS �
. The drawings show the general layout of items of this Work. The
Contractor shall furnish and install all necessary items for the proper
installation of the complete work. This Contractor shall verify
_ necessary locations of piping, ducts, air devices, vents, equipment,
controls, conduit, boxes, and other miscellaneous items and coordinate
the Work.
�
;� ---------------------------------
PART 2.00 - MATERIALS AND PRODUCTS
� ----------------------------------
2.01 - HEATING EQUIPMENT
' A. The new heating equipment f_or this building shall be as shown on the
drawings, in the schedules and specified herein. Each system shall
include controls as required for a complete system.
.
B. All heating equipment shall be furnished by one manufacturer.
� C. The HVAC equipment shall be rated in accordance with ARI Standards
210 and 270. Units shall be UL tested and certified. Insulation
and adhesive shall meet NFPA 90A requirements for flame spread and
smoke generations. Packaged heating equipment shall be certified
' and listed by A.G.A. and C.G.A.
D. The controls for the heating and ventilation systems shall be as
,� specified on the drawings. The Contractor shall furnish and
� install the required controls. Control wiring shall be installed in
EMT conduit.
� E. The Contractor shall install all equipment and controls in
accordance with the Manufacturer's reco�nendations. Power wiring
for all equipment specified above shall be furnished and installed
- by the Contractor.
2.02 - EXHAUST FANS
� A. The Contractor shall provide and install exhaust fans with curbs,
louvers, and other accessories as shown on the drawings and in the
schedules.
� B. The curbs shall be pre-insulated type.
C. The Contractor shall install the curbs on the roof deck. The curb
� bottoms shall conform to the roofing cross section and match the
roof pitch so that the curb top is level. Screw curbs to roof deck
^ framing sufficiently to provide seismic restraint of the curb and
equipment. Seal bottom of curb at roofing to provide a
weatherproof, watertight installation.
- 3
�
�
� 2.03 - GAS PIPING
A. Gas piping for the new heating equipment shall be connected to the
� existing gas meter. Remove the gas piping which serves the existing
furnace in the basement.
� B. Gas piping above grade and in the building shall be Schedule 40
black steel with screwed joints made with Teflon tape. An AGA
approved flexible gas connector assembly shall be furnished and
r installed at the gas connection to the heating equipment.
(
C. A union, gas pressure regulator, gas cock, and dirt leg shall be
r• provided at each connection to equipment.
D. All exposed above ground gas piping outside and inside the building
_ shall be primed and painted by the Contractor.
2.04 - AIR DISTRIBUTION DUCT SYSTEMS AND ACCESSORIES
r' A. Rectangular ducting for supply air, return air, and exhaust air
� systems shall be fabricated from galvanized sheet steel complying
with ASTM A527, lockforming quality; with G90 zinc coating in
r, accordance with ASTM A525; and mill phosphatized for exposed
locations. Sheet metal gauges shall comply SA9ACNA specifications.
_ B. A flexible connection shall be made between ducting and equipment
with Vent-Fab or EQUAL fire resistant cloth, anchored with band
iron, and suitable for the pressure class of the air handling
system.
�*
C. Turning vanes shall be installed in all changes in direction in
��' ductwork made with square elbows. Provide turning vanes whether or
� not shown on the drawings. Provide air extractors in ducting as
shown and as required for proper air distribution.
_ D. No ducting shall be insulated, except as noted on the drawings.
E. Air distribution devices including grilles, registers and diffusers
shall be provided in accordance with the Air Device Schedule on the
� drawings.
� ' 2.05 - EQUIPMENT r40UNTING PADS
� A. A7.1 packaged heating equipment and exhaust fans shall be set on 1/2"
thick (minimum) rubber vibration isolation pads. The pad shall be
continuous around the curb and shall be air tight. Al1 units shall
- be screwed to the curbs sufficiently to provide seismic restraint of
the equipment.
�
� 4
'
r
� 2.06 - ACCESS DOORS
�+ Access doors in the duct system shall be equal to Vent Products Model
9700. Furnish and install access doors in sizes as required for access
into ducting to fire dampers, controls, and other accessories.
2.07 - PITCH PANS
A. Pitch pans for piping, vent piping, conduit, or any other
requirement shall be galvanized sheet metal. The Contractor shall
� furnish and install the pitch pans on the deck. The Contractor
shall fill the pitch pans and shall furnish and install the required
�, flashing and counterflashing.
B. Pitch pans shall only be used for conduit and piping when they
_ cannot be installed to equipment up through roof curbs.
� 2.08 - CONDUIT
�+ A. Conduit above grade inside the building shall be galvanized steel
� electrical metallic conduit (EMT) with set screw fittings, unless
otherwise noted.
� B. Conduit above grade outside the building shall be galvanized steel
intermediate metal conduit (IMC) with fittings required to provide
moisture proof joints, unless otherwise noted.
� C. Flexible conduit located indoors and not exposed to excessive mois-
ture shall be seal tight single strip spirally wound cold rolled
� galvanized steel. Fittings shall be slip-proof with positive grip
and continue the grounding of the conduit system.
D. Flexible conduit located outside the building or in wet or damp
locations shall be moisture proof and oil proof with extruded liquid
tight jacket over a square lock galvanized steel flexible tubing.
Fittings shall be compression type, liquid tight and pull-off resis-
^ tant and shall continue the grounding of the conduit system.
2.09 - �VIRE AND CABLE
� A. Building wire and cable with 600 volt insulation shall be 98%
conductivity copper. Minimum size conductor for lighting and power
shall be #12 AWG, minim�n size conductor for control shall be #14
� AWG.
B. Conductors sized #10 AWG and smaller shall be Tyne 'THWN/THHN' solid
r or stranded. Conductors sized #8 AWG and larger shall be Type
� 'TE1WN/TEIHN' stranded.
�
5
�
�
� 2.10 - SAFETY SWITCHES '
r A. Safety switches for indoor use shall be general duty with Nema I
enclosure, 2 or 3 pole, 240 volt, with Class R fuses. These
switches shall be equal to Square D class 3130.
B. Safety switches for exterior use shall be general duty with Nema 3R
enclosure, 2 or 3 pole, 240 volt with Class R fuses. These switches
shall be equal to Square D class 3130.
� C. Safety switches shall include solid neutral assembly and equipment
ground bar.
r*
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PART 3.00 - EXECUTION
3.01 - GENERAL
� A. Carefully lay out Work as indicated in the drawings and
specifications; coordinate with other trades and, with approved
� shop drawings, determine proper elevations for all components.
Verify exact locations and elevation of all work.
B. The Contractor shall install all ducting, piping, equipment,
' controls, air devices, and accessories to comply with drawings,
� specifications, shop drawings, and the manufacturer's installation
instructions.
� C. The Contractor shall provide and install all blocking, supports,
hangers, framing, sleeves, inserts, etc., unless otherwise noted,
required for the ti9ork. Al1 piping, ducting, and equipment shall
� include seismic restraints to comply with applicable codes.
D. All Work shall be installed in a neat manner using good wor}ananship
� and shall be rigidly secured in place to provide the intended
service.
r„ 3.02 - INSTALLATION OF AIR DISTRIBUTION DUCT SYSTEM AND ACCESSORIFS
A. Quality of worlQnanship, metal gauges and construction details of
sheet rietal work shall comply with the 'Duct Manual and Sheet Metal
Construction for Ventilating and Air Conditioning Systems' ,
published by the Sheet Metal and Air Conditioning Contractor's
National Association, Inc. (SMACNA) .
�`
� B. Sheet metal work as shown on plans is, in general, schematic and
based on the specified manufacturer's equipment and material dimen-
� sions. The Contractor shall make accurate measurements in field
prior to ductwork fabrication and shall provide all necessary
offsets and transition pieces required to accommodate actual
' 6
i
�
� structural and equipment variations. Size any required offsets or
transitions to maintain a duct cross sectional area equal to duct
� size shown on the drawings.
C. Al1 ducts and ductwork shall be supported by hangers of types and at
_ the spacings as recommended by SD9ACNA, unless otherwise shown and/or
noted on the drawings. The Contractor shall provide additional
steel angles, channels, Unistrut, etc., as required to span between
structural members in order to hang ducts at proper intervals and at
necessary points. Furnish and install seismic restraint of ducting
a as required to comply with applicable codes.
p� D. Where locations of ductwork or other mechanical equipment are disco-
vered to be in conflict with locations of structural members or
other equipment, notify the Engineer for a resolution. Provide
_ duct offsets or other changes to clear encroachment as so directed
by the Engineer at no additional cost to the Owner.
3.03 - INSTALT�TION OF GAS PIPING
� A. Follow manufacturer's specifications in the installation of all
piping and fittings. Install supports, expansion loops and other
� accessories as required.
B. All gas piping shall be installed above grade. Gas piping to
rooftop equipment shall be installed up the outside wall and shall
set on treated wood block (see drawings) . Install all gas piping in
; compliance to all governing codes.
� C. Install a union, flexible connection, gas pressure regulator, gas
cock, and dirt leg at each heating unit. Adjust gas pressure
regulator for pressure required for each heating unit. Al1
regulators shall be properly vented.
�
3.04 - PAINTING
" A. The Owner shall prime and paint all mounting steel and other
'� ; unfinished surfaces exposed inside and outside, except the gas
piping. The Contractor shall prime and paint the gas piping with a
„ white enamel.
B. All prepainted equipment which has been damaged during shipment or
_ construction shall be touch-up painted with matching colors by the
Contractor.
3.05 - TESTING OF MECHANICAL SYSTEMS
r
��; A. Test all piping for leaks under design pressures in compliance to
applicable codes and the manufacturer's instructions. Repair all
� leaks before covering work.
� 7
�
M �
� B. All equipment f_or the HVAC systems shall be checked for proper
operation in compliance with the manufacturer's instructions.
� 3.06 - BAI�NCING AND ADJUSTING OF MECHANICAL SYSTEMS
� A. F3efore starting air handling units, the air systems shall be
completely cleaned of all debris, foreign matter, construction dirt,
etc., and lubricated thoroughly.
rB. No fan system shall be operated unless filters are installed and
� filter media in place. The RPM of all fans shall be adjusted to
provide the required CFM. All belt drives shall be aligned and
r tightened to the manufacturer's specifications.
C. All exhaust fan belt drives shall be aligned and tightened. Align
— and adjust all ventilator and exhaust fan dampers.
` D. The Contractor shall furnish all personnel and equipment to adjust
fan speeds, outside air dampers, balancing dampers, reqister
r dampers, and other air devices to balance the HVAC systems to
� distribute and exhaust air as shown on the drawings and as
specified.
�
E. The Contractor shall make any additional adjustments required to the
HVAC systems to provide uniform heating.
F. After completion of all work and before final payment is made, the
� Contractor sha11 run a test over a sufficient period of time to
prove the capacity and proper performance of all equipment,
� apparatus, etc., and of the system as a whole. If any of the
equipment, anparatus, etc., does not operate in a satisfactory
manner, the Contractor shall remove or remedy and make good same
� until it does operate to the satisfaction of the Owner/Engineer.
3.07 - WIRING METHODS
r A. All wiring shall be with conductors as specified in raceways,
� conduits, and flexible conduit.
r B. All wiring shall be installed in accordance with the latest edition
of the National Electrical Code.
.. C. Wiring runs shown on the drawings are basically schematic to show
the wiring required. The Contractor may select to run the required
� conductors in a different conduit system and may group conductors
r into properly sized conduits.
( 3.08 - INSTALLATION OF CONDUIT
r! A. Conduits shall be continuous from outlet to outlet and from outlets
to cabinets, junction, or pull boxes, and shall enter and be secured
to all boxes in such a manner that each system shall be electrically
_ 8
�
.
continuous from service to outlets. A separate equipment grounding
conductor, sized per the National Electric Code, shall be run in the
� conduit to provide a continuous ground.
B. All conduit shall be run concealed where possible. Exposed conduit
- shall }�e installed perpendicular or parallel to building walls.
C. Conduits shall be supported on approved types of aluminum brackets,
ceiling trapeze or pipe straps or hangers secured by means of toggle
�' bolts on hollow masonry, expansion bolts in concrete or brick,
�� machine screws on metal surfaces, or wood screws on wood
construction. Nails shall not be used as a means of fastening boxes
� or conduits. Perforated flat steel strap shall not be used for
supporting conduit.
_ D. Install conduit fittings, bushings, connectors, seals, etc., as
required for the wiring systems, per the National Electric Code, to
provide the joint types required for the environment where the
system is to be installed.
!�
��i 3.09 - INSTALLATION OF WIRE AND CABLE
� A. Taps and splices shall not be permitted in feeders or branches
except at outlets or accessible junction boxes.
_ B. Taps and splices in wire #8 AWG and smaller shall be made with wire
nuts.
C. Taps and splices in wire #6 AWG and larger shall be made with bolted
� pressure type connectors.
D. Wire and cable shall be color coded and/or tagged at each end so
� that they can be easily identified.
3.10 - GROUNDING SYSTEM
A. Equipment grounding shall be furnished and installed to connect all
, non-current carrying metal parts of the wiring system to a ground
source including conduit or raceways, boxes and similar components
� and metal enclosures for equipment.
B. Ground source shall be the ground terminal in panelboard where
_ circuits are connected.
C. Motors shall be grounded by connecting a conductor from the motor
frame to grounding terminal on conductor for rigid to flexible
" conduit. Ground conductor shall be at least 50� of_ the total copper
� per phase of feeder to motor with a mini.mi.m1 size #12 AGVG copper
wire.
I
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�
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i �
� 3.11 - CLEAN UP
A. This Contractor shall be responsible for the removal from the
building of all surplus materials, all equipment and all debris
resulting from the work of this Section. When directed by the
Owner, debris shall be deposited in the trash container provided by
� others.
B. Prior to acceptance of the building, thoroughly clean all exposed
� - portions of the heating and ventilating systems.
3.12 GUARANTEE
� A. The Contractor does hereby guarantee all materials and worlananship,
all equipment, apparatus, parts, appurtenances, etc., against defect
for a period of one (1) year, except where longer period of quaranty
� is specified and agrees to remedy any defects at his expense and pay
for any damage to other work resulting therefrom.
B. The Owner shall have the right to use or operate the defective
r materials, equipment, part or apparatus until the Contractor is
� able to remedy the defect or make replacements without invalidating
the guarantee or imposing a liability on the Owner for its use.
�
�. The guarantee period shall begin from date of final acceptance by
the Owner.
D. The HVAC Contractor shall maintain the HVAC systems including the
' HVAC controls and make service calls during the guarantee period at
no additional cost to the owner.
� END OF SPECIFICATIONS
'
�
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�
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10
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1
�
CONTf2ACT
NEW HEATING AND VENTILATION SYSTEM FOR A.C. BRASE ARENA BUILDING
CAPE GIRARDEAU, MISSOURI
This Contract made and entered into this 2nd day of March ,
1992, by and between the City of Cape Girardeau, Missouri, a Municipal
Corporation, acting by and through its City Manager, as authorized by the City
Council, hereinafter called the "City", and Premium Mechanical Contracting Co.,
authorized to do business in Missouri, hereinafter called the "Contractor";
WITNESSETH:
l. DESCRIPTION OF WI�RK.
Contractor, for and in consideration of the payments to be made as
hereinafter provided, hereby agrees at his own expense, to perform all of the
labor and services, and to furnish all of the materials and equipment necessary
to complete this contract in accordance with the terms, conditions and
provisions thereof, including the Contract Documents, which are hereto attached
and made a part of this Contract. The work of the improvement shall consist of
the followinq:
Furnish and install a new heating and ventilation system in the A.C. Brase
Arena Building at Cape Girardeau, Missouri, in compliance with the
specifications and drawings.
2. PAYMENT.
Payment for said improvement shall be made at the price bid by the
Contractor, as set out in the BID FORM, which is attached hereto and made a
part hereof, and shall be full compensation for furnishing and installing the
WORK complete in place, including all labor, equipment, materials, accessories
and incidentals. The total pa.yment is as follows:
Thirty Four Thousand One Hundred Sixty Fight and 91/100 Dollars ($34,168.91)
Payment to the Contractor shall be made from the general revenue of the
City with monthly estimates to be made to the Contractor for work completed,
less ten per cent (10�) retainage. Final payment to be made within ten (10)
days of final acceptance of the work by the City Council.
3. CONI'RACT TIME-LIQUIDATED DAMAGES-EXTENSION OF TIME.
The Contractor hereby agrees to begin said work and improvement not later
than ten (10) days after the execution of this contract and hereby agrees to
substantially complete the same not later than sixty (60) calendar days after
the execution of this contract. The work shall be completed not later than
ninety (90) calendar days after the execution of this contract. The contractor
shall schedule work around activities at the site with the awner.
Time of completion is of the essence of this contract and should the
Contractor fail to complete the work within the number of days as set out
above, it is mutually understood and agreed between the parties hereto that
considerable damage will be sust�ined by the City, but that it will be
difficult, if not impossible for the City to establish either the full extent
or the amount of damage under the ordinary rules of evidence.
It is therefore understood and agreed by and between the garties hereto
that the payment by the Contractor to the City of the sum of One Hundred
Dollars ($100.00) per day for every day, except Sundays and holidays, the
contractor fails to substantially complete the work to be done under this
contract as liquidated damages which the City will suffer by reason of the
default, and not by way of a penalty.
It is also understood and agreed by and between the parties hereto that
the payment by the Contractor to the City of the sum of One Hundred Dollars
($100.00) per day for every day, except Sundays and holidays, the contractor
fails to complete the work to be done under this contract as liquidated damages
which the City will suffer by reason of the default, and not by way of a
penalty.
The ti.me of completion as above set out shall determine the date after
which liquidated damages shall begin. In the event the City Council should
pass a resolution extending the time in which the work shall be completed, such
extension of ti.me shall not void the provisions for the assessment of
liquidated damages above described. The City Council, may hoF�ver, for good
cause shown, such as unfavorable weather, material shortages, strikes, war, an
Act of God, or similar cause, waive the provisions for liquidated damages and
set a new date of completion, which date shall govern the ti.me when liquidated
damages shall begin.
4. APPROVAL OF THE 6�RK AND COMPLErION OF CONTRACT.
The Contractor, upon the completion of said work and improvement, shall
notify the Engineer of such fact. The Engineer shall thereupon inspect said
work and make a written report to the City Council, and the City hereby agrees
that upon the approval of said report, and provided said work is completed in
accordance with the terms of this contract, it will make payment to the
Contractor as hereinbefore provided.
5. CONI'IZACT DOCUMEi�S.
It is agreed between the Parties to this contract that the plans,
specifications, both general and detailed, the standard specifications approved
and adopted by the City Council and on file in the Office of the City Clerk,
and all resolutions and ordinances and proceedings by the City Council
pertaining in any detail whatsoever_ to the work included under this contract,
including the BID FORM submitted by the Contractor to the City Council shall be
and constitute integral parts of this 'contract as though set out in words and
figures herein.
6. INDEMNITY TO CITY.
Contractor agrees to file with the City prior to the co�anencement of the
work, a certificate of insurance naming the City as a co-insured, showing that
the Contractor has in force for a period equal to the period of this contract a
policy of general liability insurance insuring the Contractor against liability
for personal injuries arising out of the contract in a minimum amount of
$100,000.00 for injury to any one person and $1,000,000.00 for injuries
received in any one accident and for property damage arising out of the
contract in the minimum amount of $100,000.00; and the Contractor hereby binds
hi.mself to indemnify and save harmless the City of Cape Girardeau from all
claims, damages, suits and actions of every name and description brought
against the said City for or on account of any injuries or damages received or
sustained by any parties or party by or from the acts of the Contractor, or his
servants or agents, in doing the work herein contracted for, or by or in
consequence of any negligence in guarding the same, or on account of any
improper materials being used in construction, or by or on account of any act
or omission of the Contractor, or his servants or aqents.
7. CO1�FI'RAC'I'OR'S SURE`I'Y.
The Contractor agrees to provide a notarized Waiver of Lien for all
materials and labor for the project to the City prior to receiving payments for
the Work.
8. NO WAIVER OF F(JT[JRE BREACH.
The failure of either Party to insist, in any one or more instances, on a
strict performance of any of the terms or the conditions of this agreement, or
to exercise any right herein contained, shall not be construed as a future
waiver or a relinquishment of said rights, terms or conditions, but the same
shall continue and remain in full force and effect. None of the terms or
conditions or this Agreement shall be altered, waived, modified or abandoned in
any manner except by written instrument executed by both parties.
9. PARTIES BOUND.
This contract is binding upon the Parties hereto and their successors and
assigns.
IN WITNESS WHEREOF, the City of Cape Girardeau, Missouri, has caused this
agreement to be signed by its City Manager and attested by its City Clerk, with
the corporate seal of the City and Premium Mechanical contractinq, Co. has
hereto by and through its authorized representative, affixed its name the day
and year first above written.
CITY OF CAPE GIRARDEAU, MISSOURI
A Ro d Fischer, City Manager
����
Juli . Dale, Deputy City Clerk
PREMIUM MECHANICAL CONTF2�CTING C0.
'� l/�• V
Roge Popp, General er
ATTEST:
��•
��,,�n , J Johann s General Par er
;���n��n� ��_;
(Typed Name & Title of Signer)
BID FORM � .
PROJECT IDENTIFICATION: New Heating and Ventilation System for the A.C. Brase
Arena Building, Cape Girardeau, 1+lissouri
CONTRACT IDENTIFICATION AND NUMBER: �
THIS BID IS SUBMITTED T0: Mayor and Councilmen
City of Cape Girardeau, Missouri
City Hall
401 Independence Street . .
Cape Girardeau, Missouri 6370I
l. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to
enter into an agreement with OWN�R in the form included in the Contract Docwnents
to perform and furnish all Work as specified or indicated in the Contract Docu-
ments for the Contract Price and cvithin the Contract Time indicated in this T3id .
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 Invi-
tation to Bid and Instructions to Bidders, including without limitation those
dealing with disposition of Bid security. This Bid will� remain subject to
acceptance Lor forty-five 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 • Or�7[JEFt's Notice of
Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the
Agreement, that:
(a) BIDDER has �xamined copies of all the Bidding Documents and of the following
Addenda (receipt of a11 which is hereby acicnowledged) :
ate Number
� - f� , y� ��
(b) BIDDER has familiarized itself with the nature and extend of the Contract
Doci�nents, Work, site, locality, and all local conditions and Laws and
Regulations that in any manner may affect cost, progress, perforn�ance or
furnishing of the Work.
(c) BIDDER has given ENGINE�R 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.
EJCDC No. 1910-I8 (1983 Edition)
1 �
4. BIDDER will complete the Work as listed below: � �
BIDDER will furnish and install the new heating and ventilation system in
the A.C. Brase Arena Building, Cape Girardeau, Missouri, for the following
LUMP SUM CONTRACT PRICE:
�tirt�--�our�-h�usah<,I one hun�rPd s�xf�r-e�4h+c#�tlavt ahd `�%o (S 3'-�� I ��• y � )
use words (figures)
Please provide the following breakdown cost:
The cost to furnish and install the thre� �xhaust fans and related curbs,
ducting, grilles, electrical, and other items is approximately: �
SiX -�touSav�Cr S�v�n huhdr �-1�or{y-�',�u�- G`ol��vs ahcl �oo ($ �0�7 '�T• �'� )
use words (figures)
5. BIDDER agrees that the Work will be substantially complete and completed and �
ready for final payment in accordance with paragraph 14.13 of the General
Conditions on or before the �ates or within the number of calendar days
indicated in the Agreem�nt.
6. The following documents ar� attached to and made a condition of the Bid:
(a) Required Bid Security in the for,n of CQS►'1i�rS cheek
7. Co�nunications concerning this Bid shall be addressed �o:
� P��2rn� �m rnech0.h;�a-1 Co�n�rctCf'�h� Co
Roq o_r 1 o P�
3 a 3 0 +�Z,dq e 1�oaG{
JctCIC 5o n , ►'Yi o . c�3`1a s ,
8, T h e t e r m s u s c d in this Bid which are defined in the General Conditions of
the Construction Contract included as part of the Contract Doc�snents have the
meanings assigned to them in the General Conditions.
SUBMITTED on re,b Y c,10.Y'�( .�J� , 19 �.2
IF BIDDER is:
An Individual
� (SEAL)
(Individual's Name)
doing business as
Business Address: �
Phone No.:
A Partnershi
�
Mee.han�c�a C,'ov,�rac-f-�r, Co. (S�)
(Firm Name)
L�-t' Q,
oc�er P� �i� '� General Partner) J� n Jchc�nnes
Business Address: ��30 ��'G�ct Q �o�
J�cekson � Mo c�3�'�.�— -
Phone No.: (�3��1�• d�3 - 391� --
2
A Corporation
BY
(Corporation Nan�e)
(state of incorporation) .
By
(Name of person authorized to sign)
(Title)
(Corporate Seal)
Attest
(Secretary)
Business Address:
Phone No.:
A Joint Venture
BY
(Name)
(Address)
By
(Name)
(Address)
(Each joint venturer must sign. The manner of signing for each
individual, partnership and corporation that is a party to the joint
venture should be in the manner indicated above) .
3
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