HomeMy WebLinkAboutDolphin Replacement Project Manual
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FISHERS ISLIIND FERRY DIS'IRIcr
P.O. OOX H
FISHERS ISLIIND, NEW YORK 06390
FILE
PROJEX:T MANUAL
aJNrnACT ~,
BID, I\GREEMENI', GmERAL CClIDITI~,
SUP~ARY CClIDITI~ AND TEOlNICAL SPEX::IFICATI~
FOR
DOLPHIN REP~
FISHERS ISLIIND FERRY TERMINAL
NEW~, aJNNEX:TIUJI'
DOCKO, INC.
P.O. BOX 421
MYSTIC, cr 06355
aJNrnACT 1993-1
MARCH 1993
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FISHERS ISLAND FERRY DISTRICT
OOLPHIN REPLACEMENI'
MARCH 1993
INDEX
SUBJECT
Invitation to Bid . . . . . . . . . . . . .
Project Description and General Infonnation
Instructions to Bidders ..... . . . . .
Bid. . . . . . . . . . . . . . . .
Statement of Bidders Qualifications
Supplemental Bid Infonnation.
I\greement . . . .
Perfonnance Bond.
Payment Bond. . .
Bid Bond. . . . .
General Conditions.
Supplementary Conditions.
Construction Drawings . .
EXHIBITS
Notice of I\ward Form. .
Notice to Proceed Form.
I\pplication for Payment Form.
Change Order Form . . .
Certificate of Substantial Completion Form.
INDEX OF TECHNICI\L SPECIFICI\TION SECTIONS
DIVISION 1
GENERAL DESCRIPTION /\NO REQUIREMENI'S
DIVISION 2
ENVIRONMENI'I\L PROTECI'ION
EQUIPMENT
OBSTRUCTION 'TO NI\VIGI\TION
REMJVALS
TUlliER PILES
i
PI\GE
ITB-l
1
I-I
P-l
BQ-l
SB-l
C-l
B-1
B-5
B-8
GC-l
SC-l
D-l
E-l
E-3
E-4
E-6
E-8
PI\GE
101
201
203
204
205
206
Fishers Islan.d Ferry District
DiJtTicr Cr..,md B) Special Ace 0/ 'I'M N. Y. State Ugislahm (LlwJ 0/ N. Y., '047, ChaPl1M" 6Qol
FISHERS ISLAND. NEW YORK 06390
CAPT. MARK EASTER
Marine Operations MOfUlger
BOARD OF COMMISSIONERS
INVITATION TO BID
REYNOLDS duPONT, JR.. Chairman
JOHN C. EVANS
THOMAS F. DOHERTY, JR.
LILLIE M. AHMAN
DAVID C BURNHAM II
TELEPHONE 442-0165
Area Code 203
March 15, 1993
Gentlemen:
The Fishers Island Ferry District will receive bids for furnishing all
labor, materials and equipnent necessary for the satisfactory ccxnpletion of
"Dolphin Replacement" at its New London Terminal at the foot of State Street in
New London, in accordance with the plans and specifications prepared by Docko,
Inc., P.O. Box 421, Stafford Street, Mystic, cr, 06355.
Bids will be received at the office of the Fishers Island Ferry District,
P.O. Box H, Fishers Island, NY, until 12:15 p.m., Friday, April 2, 1993 at
which time they will be publiCly opened and read aloud. Bid Security in the
form of certified check or Bid Bond in the amount of five percent (5%) of the
Bid will be required of each BIDDER. Performance and Payment Bonds will be
required of the successful BIDDER.
Plans and specifications will be available for review at the office of
Docko, Inc., between 9:00 a.m. and 4:30 p.m., Monday through Friday. Copies of
the CONTRAcr DOCUMENTS may be purchased at the office of Docko, Inc., upon
payment of $35.00 for each set. A PRE-BID CONFERENCE AND SITE VISIT WILL BE
HELD MJNDAY, MARCH 29, 1993, AT THE OFFICES OF FISHERS ISLAND FERRY DISTRIcr,
NEW LONDON TERMINAL, AT 11:00 A.M. ON STATE STREET, NEW LONDON, CONNEcrICUT.
This Invitation to Bid is not an offer and shall in no way bind the
FiShers Island Ferry District to award a =ntract for performance of the
project. Should the Fishers Island Ferry District decide to award a Contract,
it shall be awarded to THE BIDDER whose Bid is deemed most favorable to the
District.
The Fishers Island Ferry District reserves the right to waive any
formalities, to reject any or all bids, and to retain bids for 60 days from the
date of receipt. The CONTRACl'OR may not withdraw his bid during this period.
Please advise the Ferry District if you intend to bid this Project.
Very truly yours,
Reynolds duPont, Jr.
Chairman, Board of Commissioners
Fishers Island Ferry District
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FISHERS ISLAND FERRY DlSTRICI'
DOLPHIN REPIACEMENI'
MARCH 1993
PROJECT DESCRIPTION AND GENERAL INFORMATION
1.
PROJECT DESCRIPTION
of 3 piles,
pile dolphins
This project is for the removal of four dolphins, two consisting
and two consisting of 7 piles, and the installation of two new 7
at the locations indicated.
progress of
the site to
Operations by the ferry will continue normally during the
the work. It is anticipated that the CONTRACI'OR may have to vacate
provide for continuity of scheduled operations.
2.
CCM'1ENCEMENI', PROSECUTION AND CCMPLETION OF WJRK
(a)
the Contract with
diligently; and (3)
20 calendar days.
of the premises.
The CONTRACI'OR will be required to (1) ccmnence Work under
todays receipt of the Notice to Proceed; ( 2 ) work
complete the entire Work ready for use within approximately
The time stated for completion shall include final cleanup
3. CONTRACI' DRAWINGS, MAPS AND SPECIFICATIONS
(a) Five (5) sets of prints, together with specifications,
excluding applicable publications incorporated into these specifications by
reference, will be furnished the CONTRACI'OR without charge. Additional sets
will be furnished upon request at the cost of $35.00 per set. The Work shall
conform to the following Contract Drawings and maps, all of which form a
part of these specifications and are available in the office of the ENGINEER.
(b) Omissions from the drawings or specifications or the mis-
description of details of Work which are manifestly necessary to carry out the
intent of the drawings and specifications, or which are customarily performed,
shall not relieve the CONTRACI'OR from performing such omitted or mis-described
details of the Work, but they shall be performed as if fully and correctly set
forth and described in the drawings and specifications.
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4.
BONDS
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(a) The BIDDER shall furnish a separate bid bond or security in
the amount of five percent (5%) of the bid price with his Bid. Failure to do
so will be cause for rejection of the Bid.
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(b) The CONI'RACI'OR will be required to furnish payment and
performance bonds, in the amount of 100% of the bid price, as prescribed in the
Contract Documents. In the event that a bidder sul:xnits a bid security other
than a bond, he will be required to submit evidence of bondability with his Bid
Documents as well.
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5. INSURANCE REQUIRED
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Due to the nature of the Work and possibility of property damage
or bodily injury in the event of an accident, the CCNTRACI'OR must properly
protect himself against such an occurrence and indemnify the OWNER and the
ENGINEER. The CONTRACI'OR must retain insurance in the specified types and
amounts to safeguard his interests and those of third parties who may be
affected. The OWNER assumes no risk, liability, claim or damage resulting from
the CONTRACI'OR' S want of care or failure to properly perform his Work. A
minimum liability limit will be required, and there must be full Workman's
Compensation Insurance in accordance with the laws of Connecticut.
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INSTRUCI'IONS TO BIDDERS
1.
DEFINED TERMS.
Tenns used in these Instructions to BIDDERS, which are defined in the
Standard General Conditions of the Construction Contract (No. 1910-8, 1990
ed.), have the meanings assigned to them in the General Conditions. The term
"BIDDER" means one who sutmits a Bid directly to avNER, as distinct from a sub-
bidder, who sutmits a Bid to a BIDDER. The term "Successful BIDDER" means the
lowest, qualified, responsible and responsive BIDDER to whom OWNER (on the
basis of OWNER's evaluation as provided in these documents) makes an award.
The term "Bidding 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 DOCUMENTS.
2.1
stated in
ENGINEER.
Complete sets of the Bidding Documents in the number and for the sum,
the Advertisement or Invitation to Bid, may be obtained from the
2.2 Complete sets of Bidding Documents
nei ther OWNER nor ENGINEER assume any
misinterpretations resulting from the use
Documents.
must be used in preparing Bids;
responsibility for errors or
of incomplete sets of Bidding
2.3 OWNER and ENGINEER, in making copies of Bidding Documents available
on the above tenns, do so only for the purpose of obtaining Bids on the WOrk
and do not confer a license or grant for any other use.
3. QUALIFICATIONS OF BIDDERS.
To demonstrate qualifications to perform the WOrk, each BIDDER must sutmit
written evidence, such as financial data, previous experience, present commit-
ments and other data as required in the Bid Package and General and
Supplementary Conditions. Each Bid must contain evidence of BIDDER's
qualification to do business in the ~tate where the Project is located.
4. EXAMINATION OF CONTRACI' DOCUMENTS AND SITE.
4.1 It is the responsibility of each BIDDER before sutmitting a Bid, to
(a) examine the Contract Documents 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
Instructions to BIDDERS
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Work, (d) study and carefully correlate BIDDER'S observations with the Contract
Documents, and (e) notify ENGINEER of all conflicts, errors or discrepancies in
the Contract Documents.
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4.2 Information and data reflected in the Contract Documents with respect
to Underground Facilities and other physical conditions, and possible changes
in the Contract Documents due to differing conditions, appear in Paragraphs 4.2
and 4.3 of the General Conditions.
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4.3 provisions concerning responsibilities for the adequacy of data
furnished to prospective BIDDERS on subsurface conditions, Underground
Facilities and other physical conditions, and possible changes in the Contract
Documents due to differing conditions, appear in Paragraphs 4.2 and 4.3 of the
General Conditions.
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4.4 Before sul:xni tting a Bid, each BIDDER may, at BIDDER'S own expense,
make or obtain any additional examinations, investigations, explorations, tests
and studies, and obtain any additional information and data which pertain to
the physical conditions (surface, subsurface and Underground Facilities) at or
contiguous to the site or which otherwise may affect cost, progress,
performance or furnishing the Work in accordance with the time, price and other
terms and conditions of the Contract Documents.
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4.5 Upon request in advance, ~JER will provide each BIDDER access to the
si te to conduct such explorations and tests as each BIDDER deems necessary for
submission of a Bid. BIDDER shall fill all holes and clean up and restore the
site to its former condition upon completion of such exploration.
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4.6 The lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and other lands designated for use by CCNTRACTOR
in performing the Work are identified in the Contract Documents.
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4.7 The sul:xnission of a Bid will constitute an incontrovertible
representation by BIDDER that BIDDER has complied with every requirement of
this Article 4, that without exception, the Bid is premised upon performing and
furnishing the ~Iork required by the Contract Documents, and such means,
methods, techniques, sequences or procedures of construction as may be
indicated in or required by the Contract Documents, and that the Contract
Documents are sufficient in scope and detail to indicate and convey
understanding of all terms and conditions for performance and furnishing of the
Work.
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5. INTERPRETATIONS AND ADDENDA.
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5.1 All questions about the meaning or intent of the Contract Documents
are to be directed to ENGINEER. Interpretations or clarifications considered
necessary by ENGINEER in response to such questions will be issued by Addenda
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Instructions to BIDDERS
1-2
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mailed or delivered to all parties recorded by ENGINEER as having received the
Bidding Documents. Only questions answered by formal written Addenda will be
binding. Oral and other interpretations or clarifications will be without
legal effect.
5.2
advisable
Addenda may also be issued to modify the Bidding Documents as deemed
by OONER or ENGINEER.
6 . BID SECURITY.
6.1 Each Bid must be accompanied by Bid security made payable to OONER in
an amount of five percent (5%) of the BIDDER'S maximum Bid price and in the
form of a certified or bank check or a Bid Bond (on form attached or similar)
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 BIDDER fails to
execute and deliver the Agreement and furnish the required Contract security
within ten (10) days after the Notice of Award, CNJNER may annul the Notice of
Award and the Bid security of that BIDDER will be forfeited. The Bid security
of other BIDDERS whom OONER believes to have a reasonable chance of receiving
the award may be retained by OONER until the earlier of the seventh
7th day after the Effective Date of the Agreement or the 60th day after the Bid
opening, whereupon Bid security furnished by such BIDDERS will be returned.
Bid security with Bids which are not competitive will be returned within seven
(7) days after the Bid opening.
7.
CONTRACT TU1E.
All work shall be completed within 20 calendar days of the issuance of the
Notice to Proceed.
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 materials and equiment
described in the Drawings or specified in the Specifications without
consideration of possible substitute or "or-equal" items. Whenever it is
indicated in the Drawings or specified in the Specifications that a substitute
or "or-equal" item of material or equipnent may be furnished or used by
Contractor if acceptable to Engineer, application for such acceptance will not
be considered by Engineer until after the Effective Date of the Agreement. The
procedure for submission of any such application by Contractor and
Instructions to BIDDERS
1-3
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consideration by Engineer is set forth in Paragraphs 6.7.1, 6.7.2 and 6.7.3. of
the General Conditions and may be supplemented in the General Requirements.
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10. SUBCONI'RAcroRS, SUPPLIERS I\ND OTHERS.
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10.1 If the Supplementary Conditions require the identity of certain
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 Effective Date
of the Agreement, the apparent Successful BIDDER, and any other BIDDER so
requested shall within seven (7) 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 identification 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
requested by OWNER. If OWNER or ENGINEER, after due investigation, has
reasonable objection to any proposed subcontractor, supplier, other person or
organization, either may, before the Notice of Award is given, request the
apparent Successful BIDDER to submit an acceptable substitute without an
increase in Bid Price.
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If the apparent Successful BIDDER declines to make any such substitution,
OWNER may award the Contract to the next lowest BIDDER that proposes to use
acceptable subcontractors, suppliers and other persons and organizations. The
declining to make requested substitutions will not constitute grounds for
sacrificing the Bid security of any BIDDER. Any subcontractor, supplier, other
person or organization listed, and to whom OWNER or ENGINEER does not make
written objection prior to the giving of the Notice of Award, will be deemed
acceptable to OWNER and ENGINEER subject to revocation of such acceptance after
the Effective Date of the Agreement as provided in Paragraph 6.8.2 of the
General Conditions.
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11. BID FORM.
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10.2 The mNTRAcroR shall not be required to employ any subcontractor,
supplier, other person or organization against whom mNTRAcroR has reasonable
objection.
11.1 The Bid Form is included with the Bidding Documents; additional
copies may be obtained from ENGINEER.
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11.2 All blanks on the Bid Form must be completed in ink or by
typewriter.
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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
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Instructions to BIDDERS
1-4
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Bids shall be sul:rnitted 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 number, and if applicable, the
designated portion of the Project for which the Bid is submitted, and name and
address of the BIDDER, and be accompanied by the Bid security and other
required documents. If the Bid is sent through the mail or other delivery
system, the sealed envelope shall be enclosed in a separate envelope with the
notation "BID ENCLOSED" on the face of it.
I 13. M:JDIFICATION AND WITHDRAWAL OF BIDS.
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attested to 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 be typed or printed below the signatures.
11. 6 The Bid shall contain an acknowledgement of receipt of all Addenda
(the numbers of which must be filled in on the Bid Form).
11.7 The address and telephone number for communications regarding the
Bid must be shown.
11.8 Bids must be priced on a unit price basis for WOrk complete and in
place; the price of dredging includes disposal, etc. (See Bid Schedule.)
12. SUBMISSION OF BIDS.
13.1 Bids may be modified or withdrawn by an appropriate document duly
executed (in the manner that a Bid must be executed) and delivered to the place
where Bids are to be sul:rnitted at any time prior to the opening of Bids.
13.2 If, within twenty-four (24) hours after Bids are opened, any BIDDER
files a duly signed, written notice with OWNER and promptly thereafter
derronstrates 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 will be
disqualified from further bidding on the WOrk to be provided under the Contract
Documents.
14. OPENING OF BIDS.
Bids will be opened publicly and read aloud. An abstract of the amounts
of the base Bid and major alternates (if any) will be made available to BIDDERS
within seven (7) days after the date of Bid opening.
Instructions to BIDDERS
1-5
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15. BIDS TO REMAIN SUBJECT TO ACCEPTANCE.
day
and
All Bids will remain subject to acceptance for sixty (60) days after the
of the Bid opening, but OWNER may, at its sole discretion, release any Bid
return the Bid security prior to that date.
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16.
AWARD OF CONTRAer.
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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 Work and to
negotiate Contract terms with the Successful BIDDER, and the right to disregard
all non-conforming, non-responsive, 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 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 prior to the Notice of Award.
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16.3 OWNER may consider the qualifications and experience of
subcontractors, suppliers, and other persons and organizations proposed for
those portions of the l'lork 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.
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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 vlark
in accordance with the Contract Documents to OWNER's satisfaction wi thin the
prescribed time.
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16.5 If the Contract is to be awarded, it will be awarded to the lowest
responsible BIDDER whose Bid will be in the best interest of the OWNER.
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16.6
BIDDER a
opening.
If the Contract is to be awarded, OWNER will give the Successful
Notice of Award within sixty (60) days after the day of the Bid
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Instructions to BIDDERS
1-6
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17. CONI'RAcr SECURITY.
paragraph 5.1 of the General Conditions and the Supplementary Conditions
set forth avNER' s requirements as to perfonnance and payment Bonds. When the
Successful BIDDER delivers the executed Agreement to avNER, it must be
accompanied by the required performance and payment Bond.
18. SIGNING OF AGREEMENl'.
\Vhen CY;INER gives a Notice of Award to the Successful BIDDER, it will be
accompanied by the required number of unsigned counterparts of the Agreement
wi th all other written Contract Documents attached. Wi thin ten (10) days
thereafter, CONI'RAcroR shall sign and deliver the required number of
counterparts of the Agrreement and attached documents to avNER with the
required Bonds. Within ten (10) days thereafter, avNER shall deliver one (1)
fully signed counterpart to CONTRAcroR. Each counterpart is to be accompanied
by a complete set of the Drawings with appropriate identification.
19. FEDERAL AND STATE LAWS AND REGULATIONS.
The BIDDER'S attention is directed to the fact that all applicable
Federal, State and Municipal Laws, Ordinances, Rules, Regulations and Codes of
all authorities having jurisdiction over construction work in the locality of
the Project shall apply to the Contract throughout, and they are deemed to be
included herein the same as though herein written.
Instructions to Bidders
1-7
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BID FORM
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PROJECI' IDENTIFICATION:
DOLPHIN REPLI\CEMEN.l'
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CONTRACI' IDENTIFICATION
AND NUMBER:
1993-1
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THIS BID IS SUBMITTED TO:
Reynolds duPont, Jr., Chainnan
Board of Commissioners
Fishers Island Ferry District
P.O. Box H
Fishers Island, NY 06390
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1. The undersigned BIDDER proposes and agrees, if this Bid is accepted,
to enter into an agreement with CWNER in the form included in the Contract
Documents, to perform and furnish all Work as specified or indicated in the
Contract Documents for the Contract Price and within the Contract Time
indicated in this Bid and in accordance with the other terms and conditions of
the Contract Documents.
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2. BIDDER accepts all of the terms and conditions of the Advertisement
or Invitation to Bid and Instructions to Bidders, including without limitation,
those dealing with the disposition of Bid security. BIDDER will sign and submit
the Agreement with the Bonds and other Documents required by the Bidding
Requirements within ten (10) days after the date of CWNER'S Notice of Award.
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3. In submitting this Bid, BIDDER represents, as more fully set forth in
the Agreement, that:
(a) BIDDER has examined copies of all the Bidding Documents and of
the following Addenda (receipt of all which is hereby
acknowledged) :
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DATE
NUMBER
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Bid
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(b) BIDDER has familiarized itself with the nature and extent of the
Contract Dccuments, 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.
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(c) BIDDER has studied carefully all descriptive information,
reports and drawings of subsurface conditions and drawings of
physical conditions which are identified in the Supplementary
Conditions as provided in Paragraph 4.2 of the General
Conditions.
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(d) BIDDER has obtained and carefully studied, or assumes
responsibility for obtaining and studying, all such
examinations, investigations, explorations, tests and studies
(in addition to or to supplement those referred to in (c) above)
which pertain to the subsurface or physical conditions at the
site or which otherwise may affect the cost, progress,
performance or furnishing of the Work as BIDDER considers
necessary for the performance or furnishing of the IVbrk at the
Contract Price, within the Contract time, and in accordance with
the other terms and conditions of the Contract Dccuments,
including specifically the provisions of Paragraph 4.2 of the
General Conditions; and no additional examinations,
investigations, explorations, tests, reports or similar
information or data are or will be required by BIDDER for such
purposes.
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(e) BIDDER has reviewed and checked all information and data shown
or indicated on the Contract Dccuments with respect to existing
Underground Facilities at or contiguous to the site and assumes
responsibility for the accurate location of said Underground
Facili ties. No addi tional examinations, investigations,
explorations, tests, reports or similar information or data in
respect of said Underground Facilities are or will be required
by BIDDER in order to perform and furnish the Work at the
Contract Price, within the Contract Time and in accordance with
the other terms and conditions of the Contract Dccuments,
including specifically the provisions of Paragraph 4.3 of the
General Conditions.
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(f) BIDDER has correlated the results of all such observations,
examinations, investigations, explorations, tests, reports and
studies with the terms and conditions of the Contract Dccuments.
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(g) BIDDER has given ENGINEER written notice of all conflicts,
errors or discrepancies that it has discovered in the Contract
Dccuments and the written resolution thereof by ENGINEER is
acceptable to BIDDER.
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Bid P-2
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(h) This Bid is genuine and not made in the interest of or on behalf
of any undisclosed person, firm or corporation and is not
sul:mitted in conformity with any agreement or rules of any
group, association, organization or corporation; BIDDER has not
directly or indirectly induced or solicited any other BIDDER to
sul:mit a false or sham Bid; BIDDER has not solicited or induced
any person, firm or corporation to refrain fran bidding; and
BIDDER has not sought by collusion to obtain for itself any
advantage over any other BIDDER or over avNER.
( i ) (Any other representation required by Laws and Regulations.)
4. BIDDER will canplete the Work for the following price:
1. The bid for the removal of four dolphins and installation of t=
2 pile dolphins as described in the Technical Specifications:
LUMP SUM:
(In Words)
$
(In Figures)
2. The bid for removing an obstructed pile and redriving it;
LUMP SUM
$
(In Words)
(In Figures)
Bid:
5. The following document is attached to and made a condition of this
(a) Required Bid Security in the form of five percent (5%) of the
Total Bid.
(b) If the Bid Security is in the form of a certified check or bank
check, evidence of bondability is herewith attached.
6. Communications concerning this Bid shall be addressed to:
The address of Bidder indicated below.
7. The terms used in this Bid, which are defined in the General
Conditions of the Contract Documents, have the meanings assigned to them in the
General Conditions.
SUBMITI'ED ON
, 1992
(DATE)
Bid
P-3
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If BIDDER is:
An Individual
By:
(SEAL)
(Individual's Name)
Doing Business As:
Business Address:
Phone No.:
A Corporation
By:
(Corporation Name)
(State of Incorporation)
By:
(Name of Person Authorized to Sign)
(Title)
(Corporate Seal)
Attest:
( Secretary)
Business Address:
Phone No.:
Bid
P-4
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of signing for each
a party to the joint I
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A Joint Venture
By:
(Name)
(Address)
By:
Address:
(Each joint venturer must sign.) The manner
individual, partnership, and corporation that is
venture should be in the manner indicated above.
Bid
P-5
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NON-COLLUSIVE BIDDING CERTIFICATE
By sul::rnission of this Bid or Proposal, the BIDDER certifies that: (a)
This Bid or Proposal has been independently arrived at without collusion with
any other BIDDER or with any competitor or potential canpeti tor; ( b) This Bid
or Proposal has not been knowingly disclosed and will not be knowingly
disclosed, prior to the opening of Bids or Proposals for this Project, to any
other BIDDER, canpetitor or potential competitor; (c) No attempt has been or
will be made to induce any other person, partnership or corporation to sutrnit
or not to sul::rnit a Bid or Proposal; (d) The person signing this Bid or
proposal certifies that he has fully informed himself regarding the accuracy of
the statements contained in this certification, and under the penalties of
perjury, affirms the truth thereof, such penalties being applicable to the
BIDDER as well as to the person signing in its behalf; (e) That attached
hereto (if a Corporate BIDDER) is a certified copy of a resolution authorizing
the execution of this certificate by the signator of this Bid or Proposal in
behalf of the Corporate BIDDER.
DATED:
Signature of Bidder
Business Address of Bidder
Bid
P-6
Type
Manufacturer and model
Capacity
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FISHERS ISLAND FERRY DISTRIcr
DOLPHIN REPLACEMENr
MARCH 1993
EJQUIPMENT SCHEDULE
The bidder must complete this EJQUIPMENT SCHEDULE, listing the equipment which
will be used for this project.
Crane
Pile Driving Equipment
Bargers and Push Boats
Sub Contractors
Name
Scope of Work
Bid
P-7
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STATEMENT OF BIDDER'S QUALIFICATIONS
All questions must be answered and the data given must be clear and
canprehensive. This statement must be notarized. If necessary, questions may
be answered on separate attached sheets. The BIDDER may sul:xnit any additional
information he desires. Failure to provide full and complete response to these
criteria may be grounds for rejecting Bids.
1. Name of BIDDER:
2. Permanent main office address and mailing address:
3. When organized:
4. If a corporation, where incorporated:
5. How many years have you been engaged in the contracting business under
your present firm or trade name?
6. General type of w::>rk performed by your company:
7. Background and experience of the principal members of your
organization, including officers as well as project manager and
resident superintendent to be used on this Project. (Attach
statements. )
8. Contracts on hand: (Show amount of each Contract, number of employees
committed and the appropriate anticipated dates of completion.)
9. List the major projects, similar to this Project, completed by your
company, within the past five (5) years stating the location,
approximate cost for each, and the month and year completed.
Bidders Qualifications
PQ-l
10.
11.
12.
13.
14.
15.
Have you ever failed to complete any work awarded to you?
state details (when, where, why, etc.) as attachment.
If so,
Have you ever defaulted on a Contract? If so, state details (when,
where, why, etc.)
List your major equipment available for this Contract:
Credit available: $
Give Bank Reference(s) for 13 as attachment.
Sutmit your latest detailed financial statement and furnish any other
information that may be required upon reguest (Certified Audit within
one (1) year will suffice).
16. The undersigned hereby authorizes and requests any person, finn or
corporation to furnish any information requested by Fishers Island
Ferry District in verification of the recitals comprising this
Statement of BIDDER's Qualifications.
STATE OF
COUNTY OF
Dated this
day of
, 1992.
(Name of BIDDER)
By:
Title:
ss. :
being duly sworn deposes and says
of
that he is
(Name of Organization)
and that the answers to the foregoing questions and all statements therein
contained are true and correct.
Subscribed and sworn to before me this
day of
, 1992.
My Commission Expires:
Notary Public
Bidders Qualifications
EQ-2
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AGREEMENT
This AGREEMENT is dated the
by and between:
day of
in the year 1993
Fishers Island Ferry District (hereinafter called CM'NER) and
P.O. Box H
Fishers Island, NY 06390
(hereinafter called CONTRACTOR)
CM'NER and CONI'RACTOR, in =nsideration of the mutual covenants hereafter set
forth, agree as follows:
ARTICLE 1. w:JRK
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
The removal of four dolphins and installation of two 7 pile dolphins.
The Project under the Contract Documents is generally described as follows:
"Dolphin Replacement"
ARTICLE 2.
ENGINEER .
The Project has been designed by:
Connecticut, 06355
Docko, Inc., P.O. Box 421, Mystic,
who is hereinafter called ENGINEER and who will assume all duties and
responsibilities and will have the rights and authority assigned to ENGINEER in
the Contract Documents in connection with completion of the Work in accordance
with the Contract Documents.
Agreement
C-l
4.1 CMNER shall pay CONTRACI'OR $
(Total Bid Price), subject to the final determination of quantities and
verification of completed Work in accordance with the Contract Documents.
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ARTICLE 3.
CONTRACT TIME.
3.1 The Work will carmence within 10 days of the issuance of the Notice
to Proceed and must be completed within 20 calendar days thereafter.
ARTICLE 4.
CONTRACT PRICE.
ARTICLE 5.
PAYMENT' PROCEDURES.
CONTRACI'OR shall submit Applications for Payment to the ENGINEER in
accordance with Article 14 of the General Conditions. Applications for Payment
will be processed by Fishers Island Ferry District as provided in the General
Conditions. (Payments should be processed within approximately 30 to 45 days.)
5.1 Progress Payments: CMNER shall make progress payments on account of
the Contract Price on the basis of CONTRACI'OR' S Applications for Payment as
recommended by ENGINEER, on or about the 28th day of each month during
construction as provided below. Progress payments will be on the basis of the
progress of the Work not to exceed the values stipulated below:
Upon completion of mobilization, "'=>t more than 25% of the Lump Sum
Contract amount specified in the Bid.
Upon completion and verification of the work to the specified
parameters. 90% of the lump sum amount for construction.
Upon completion of demobilization and clean up the remaining 10% of
Lump Sum Contract Amount.
5.1.1 Prior to Substantial Completion, progress payments will not exceed
an amount equal to 90% of the Lump Sum.
5.1. 2 Upon Substantial Completion, CMNER shall pay an amount sufficient
to increase total payments to CONTRACI'OR to 90% of the Contract Price, less
such amounts as ENGINEER shall determine in accordance with Paragraph 14.8 of
the General Conditions.
5.2 Final Payment:
accordance with Paragraph
remainder of the Contract
Paragraph 14.13.
Upon final completion and acceptance of the Work in
14.13 of the General Conditions, CMNER shall pay the
Price as recommended by ENGINEER as provided in said
Agreement
C-2
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ARTICLE 6.
INTEREST.
All money not paid when hereunder due shall bear interest at the maximum
rate allowed by law at the place of the Project.
ARTICLE 7.
CONTRACI'OR'S REPRESENTATIONS.
In order to induce CWNER to enter into this Agreement, CONTRACI'OR makes
the following representations:
7.1 CONTRACI'OR has familiarized itself with the nature and extent of the
Oontract 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.
7.2 CONTRACI'OR has studied carefully all reports of explorations and
tests of subsurface conditions and drawings of physical conditions which are
identified in the Supplementary Oonditions as provided in Paragraph 4.2 of the
General Conditions and accepts the determination set forth in Paragraph SC-
4.2 of the Supplementary Conditions of the extent of the technical data
contained in such reports and drawings upon which CONTRACI'OR is entitled to
rely.
7.3 CONTRACI'OR has obtained and carefully studied (or assumes
responsibility for obtaining and carefully studying) all such examinations,
investigations, explorations, tests, reports and studies (in addition to or to
supplement those referred to in Paragraph 7.2 above) which pertain to the
subsurface or physical conditions at or contiguous to the site or which
otherwise may affect the cost, progress, performance or furnishing of the WOrk
as CONTRACI'OR considers necessary for the performance or furnishing of the WOrk
at the Contract Price, within the Oontract Time, and in accordance with the
other terms and conditions of the Oontract Documents, including specifically
the provisions of Paragraph 4.2 of the General Conditions; and no additional
examinations, investigations, explorations, tests, reports, studies or similar
information or data are or will be required by CONTRACI'OR for such purposes.
7.4 CONTRACI'OR has reviewed and checked all information and data shown or
indicated on the Contract Documents with respect to existing Underground
Facilities at or contiguous to the site and assumes responsibility for the
accurate location of said Underground Facilities. No additional examinations,
investigations, explorations, tests, reports, studies or similar information or
data in respect of said Underground Facilities are or will be required by
Agreement
C-3
ARTICLE 7.
CONTRACI'OR'S REPRESENTATIONS. (Continued)
CONTRACI'OR in order to perform and furnish the WOrk at the Contract Price,
within the Contract Time and in accordance with the other terms and conditions
of the Contract Documents, including specifically the provisions of Paragraph
4.3 of the General Conditions.
7.5 CONTRACI'OR has correlated the results of all such observations,
examinations, investigations, explorations, tests, reports and studies with the
terms and conditions of the Contract Documents.
7.6 CONTRACI'OR has given ENGINEER written notice of all conflicts, errors
or discrepancies that he has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACI'OR.
ARTICLE 8.
CONTRACT OOCUMENTS.
The Contract Documents which canprise the entire Agreement between cmNER
and CONTRACI'OR are attached to the Agreement, ffi3de a part hereof and consists
of the following:
8.1 This Agreement (pages C-l to C-6, inclusive)
8.2 Exhibi ts to this Agreement (pages E-l through E-13, inclusive)
8.3 Perforlll3nce and Payment Bonds (pages B-1 to B-10, inclusive)
8.4 Notice of Award
8.5 General Conditions (pages GC-l to GC-42, inclusive)
8.6 Supplementary Conditions (pages SC-l to SC-4, inclusive)
8.7 Technical Specifications for Maintenance Dredging as enumerated on
the plan and General Requirements (two Divisions).
8.8 Drawings, as included in the Specifications.
8.9
to ____, inclusive.
Addenda numbers
8.10 CONTRACI'OR'S Bid (pages
to ___, inclusive) ffi3rked Exhibit
8.11 Documentation sul:xnitted by CONTRACI'OR prior to Notice of Award
(pages to ___, inclusive).
Agreement C-4
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ARTICLE 8.
CONI'RACT OCJCUMENI'S. ( Continued)
8.12 The following which may be delivered or issued after the Effective
Date of the Agreement and are not attached hereto: All Written
I\mendments and other documents amending, modifying, or supplementing
the Contract Documents pursuant to Paragraphs 3.4 and 3.5 of the
General Conditions.
8.13 The documents listed in Paragraphs 8.2 et seg above are attached to
this Agreement (except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in this
Article 8. The Contract Documents may only be altered, amended or repealed by
an I\mendment (as defined in Section 1. 4.5 of the General Conditions), or
approved Change Order.
ARTICLE 9.
MISCELLANECUS.
9.1 Tenus used in this Agreement which are defined in Article 1 of the
General Conditions shall have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in
the Contract Documents will be binding on another party hereto without the
written consent of the party sought to be bound; and specifically, but without
limitation, moneys that may becane due and moneys that are due may not be
assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under the Contract
Documents.
9.3 OWNER and CONI'RACI'OR each binds himself, his partners, successors,
assigns and legal representatives to the other party hereto, his partners,
successors, assigns and legal representatives in respect to all covenants,
agreements and obligations contained in the Contract Documents.
ARTICLE 10.
OI'HER PROVISIONS.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement in
triplicate. One counterpart each has been delivered to OWNER, CONI'RACI'OR and
ENGINEER. All portions of the Contract Documents have been signed or
identified by OWNER and CONI'RACI'OR or by ENGINEER on their behalf.
Agreement
C-5
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ARTICLE 10. arHER PROVISIONS. (Continued)
This Agreement will be effective on
CWNER: FISHERS ISLAND FERRY DISTRICT CONTRACTOR
By
By
(CORPORATE SEAL)
(CORPORATE SEAL)
Attest
Attest
Address for giving notices:
Fishers Island Ferry District
P.O. Box H
Fishers Island, New York, 06390
Address for giving notices:
License No.
Agent for service of process:
Agreement
C-6
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FISHERS ISLAND FERRY DISTRIcr
OOLPHIN REPLACN'1ENT
MARCH 1993
PERFDRMANCE BOND
KNOW ALL MEN BY THESE PRESENI', that
(hereinafter called the "PRINCIPAL" and
(hereinafter called the "SURETY") are held and firmly bound to the
(hereinafter called the "CWNER") in the full and just sum of
Dollars
($ good and lawful money of the United States of
America, for the payment of which sum of money, well and truly to be made and
done, the PRINCIPAL binds himself, his heirs, executors, administrators and
assigns and the SURETY binds itself, its successors and assigns, jointly and
severally, firmly by these present.
WHEREAS, the PRINCIPAL has entered into a certain written contract bearing
date of the day of , with the CWNER for the
a copy of which Contract is annexed to and hereby made part of this bond as
though herein set forth in full.
NCW, THEREFORE, the conditions of this obligation are such that if the
PRINCIPAL, his or its representatives or assigns, shall well and faithfully
comply with and perform all the terms, covenants and conditions of said
Contract or his (their, its) part to be kept and performed and all
modifications, amendments, additions and alterations thereto that may hereafter
be made, according to the true intent and meaning of said Contract, including
repair and/or replacement of defective work and guarantees of maintenance for
the periods stated in the Contract, and shall fully indennify and save harmless
the CWNER from all cost and damage which it may suffer by reason of failure so
to do, and shall fully reimburse and repay the CWNER for all outlay and expense
which the CWNER may incur in making good any such default, and shall protect
the said CWNER against, and pay any and all amounts, damages, costs and
judgments which mayor shall be recovered against said CWNER or its officers or
agents or which the said CWNER may be called upon to pay to any person or
corporation by reason of any damages arising or growing out of the doing of
said Work, or the repair or maintenance thereof, or the manner of doing the
Performance Bond
B-1
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same, or the neglect of the said PRINCIPAL, or his (their, its) agents or
servants, or the improper performance of the said Work by the said PRINCIPAL,
or his (their, its) agents or servants, or the infringement of any patent or
patent rights by reason of the use of any materials furnished or work done as
aforesaid or otherwise, then this obligation shall be null and void, otherwise
to remain in full force and effect;
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PROVIDED, HCWEVER, the SURETY, for value received, hereby stipulates and
agrees, if requested to do so by the CNINER, to fully perform and complete the
Work mentioned and described in said Contract, pursuant to the terms,
conditions and covenants thereof, if for any cause the PRINCIPAL fails or
neglects to so fully perform and complete such Work and the SURETY further
agrees to commence such Work of completion within ten (10) calendar days after
written notice thereof from the CNINER and to complete such Work within the time
allowed the PRINCIPAL in the Contract for the completion thereof, and further;
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PROVIDED, HCWEVER, the SURETY, for value received, for itself and its
successors and assigns, hereby stipulates and agrees that the obligation of
said SURETY and its bond shall be in no way impaired or affected by an
extension of time, modification, omission, addition, or change in or to the
said Contract or the Work to be performed thereunder, or by any payment
thereunder before the time required herein, or by any waiver of any provisions
thereof, or by any assignment, subletting or other transfer of any Work to be
performed or any moneys due or to become due thereunder; and said SURETY does
hereby waive notice of any and all such extensions, modifications, omissions,
additions, changes, payments, waivers, assignments, subcontracts and transfers,
and hereby expressly stipulates and agrees that any and all things done and
omitted to be done by and in relation to assignees, subcontractors, and other
transferees shall have the same effect as to said SURETY as though done or
omitted to be done by or in relation to said PRINCIPAL.
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IN WITNESS WHEREOF, the PRINCIPAL has hereunto set his (their, its) hand
and seal and the SURETY has caused this instrument to be signed by its
, and its corporate seal to be hereunto affixed
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this _ day of
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Principal
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(If Corporation, add
Seal and Attestation)
By:
Attest:
Secretary
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Surety
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Performance Bond
B-2
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Add Corporate Seal
By:
Attest:
(ACKNCWLEDGEMENI' BY PRINCIPAL, UNLESS IT BE A COPROATION)
srATE OF
ss. :
COUNTY OF
On this
, before me personally came
, to me known and known to me to be the
and who executed the foregoing instrument and
executed the same.
day of
person(s) described in
acknowledged that he
Notary Public
(ACKNCWLEDGEMENI' OF PRINCIPAL, IF A CORPORATION)
STATE OF
55.. :
COUNTY OF
On
this _ day of
before me personally
, to me known, who being by me
in
came
duly
that
sworn, did depose and say that he resides
he is the of the
the corporation described in and which executed the
he knew the seal of said corporation; that the seal
was such corporate seal; that it was so affixed
Directors of said corporation, and that he signed
order.
foregoing instrument; that
affixed to said instrument
by order of the Board of
his name thereto by like
Notary Public
(ACKNCWLEDGEMENI' BY SURETY cn1PANY)
STATE OF
SSe :
COUNTY OF
Performance Bond
B-3
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On the _ day of before me personally came
, to me known, who being by me duly
sworn, did depose and say that he resides in
that he is the of the
the corporation described in and which executed the within instrument; that he
knows the seal of said corporation; that the seal affixed to said instrument
was such corporate seal; that it was so affixed by order of the Board of
Directors of said corporation, and that he signed his name thereto by like
order; and that the liabilities of said company do not exceed its assets as
ascertained in the manner provided by the laws of the State of Connecticut.
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Notary Public
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Performance Bond
8-4
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FISHERS ISLAND FERRY DISTRICT
DOLPHIN REPLACEMENT
MARCH 1993
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENT, that
(hereinafter called the "PRINCIPAL") and
(hereinafter called the "SURETY") and held and finuly bound to the
WHEREAS, the PRINCIPAL has entered into a certain written Contract bearing
the date of the day of , with the OWNER for the
a copy of which Contract is annexed to and hereby made a part of this Bond as
though herein set forth in full, and;
WHEREAS, the OWNER has required this Bond guaranteeing prompt payment of
moneys due to all person furnishing the PRINCIPAL or any SUBCONTRACTOR of the
PRINCIPAL with labor or materials in the prosecution of the Work provided in
such Contract;
NOW, THEREFORE, the condition of the foregoing obligation is such that if
the PRINCIPAL shall promptly pay all moneys due to all persons furnishing the
PRINCIPAL or any SUBCONTRACTOR of the PRINCIPAL with labor or materials in the
prosecution of the Contract, then this obligation shall be null and void,
otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that the said SURETY for value received, hereby
stipulates and agrees that no change, extension, alteration or addition to the
tenus of the said Contract or specifications accompanying the same, shall in
any way affect is obligations under this Bond, and it does hereby waive notice
of any such change, extension, alteration or addition, and further;
PROVIDED, HOWEVER, that this Bond shall be enforceable in accordance with
the terms and provisions of the General Statutes of the State where the work is
perfonued .
Payment Bond
B-5
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IN WITNESS WHEREOF, the PRINCIPAL has hereunto set its hand and seal and
the SURETY has caused this instrument to be signed by its
and its corporate seal to be hereunto affixed this
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day of
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Principal
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By:
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(If Corporation, add Seal
and Attestation)
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ATI'EST:
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Secretary
Surety
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(Add Corporate Seal)
By:
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ATTEST:
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(ACKNOWLEDGEMENT BY PRINCIPAL, UNLESS IT BE A CORPORATION)
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STATE OF
ss. :
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COUNTY OF
person(s) described in
acknowledge that
same.
and
who
, to me
executed
he
, before me personally came
known and known to me to be the
the foregoing instrument and
executed the
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On this
day of
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Notary Public
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Payment Bond
B-6
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(ACK~DGEMENT BY PRINCIPAL, IF A CORPORATION)
STATE OF
55. :
COUNI'Y OF
On this
before me personally came
to me known, who being duly SI.>Drn, did
day of
depose and say that he resides in
that he is the of the
the corporation described in and which executed the foregoing instrument; that
he knows the seal of said corporation; that the seal affixed to said instrument
was such corporate seal; that it was so affixed by order of the Board of
Directors of said corporation and that he signed his name thereto by like
order.
Notary Public
(ACKNCMLEDGEMENT BY SURETY CO'1PANY)
STATE OF
55. :
COUNI'Y OF
On the day of , 1992, before me personally
came to me known, who being by me duly
SI.>Drn, did depose and say that he resides in
that he is the of the
the corporation described in which executed the within instrument; that he
knows the seal of said corporation; that the seal affixed to said instrument 1S
such corporate seal; that it was so affixed by the order of the Board of
Directors of said corporation and that he signed his name thereto by like
order; and that the liabilities of said company do not exceed its assets as
ascertained in the manner provided by the laws of the State of Connecticut.
Notary Public
Payment Bond
B-7
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FISHERS ISLAND FERRY DISTRICT
DOLPHIN REPLACEMENT
MARCH 1993
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BID BOND
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KNew ALL MEN BY THESE PRESENT, that we, the undersigned,
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as PRINCIPAL, and
as SURETY, are hereby held and firmly bound unto
as avNER in the penal sum of
Dollars ($ )
truly to be made, we hereby jointly and
executors, administrators, successors and
day of
for the payment of which, well and
severally bind ourselves, our heirs,
assigns. Sealed with our seals, this
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The condition of the above obligation is in accordance with Section 6 of
the "Standard Form of Instructions to Bidders" is such that WHEREAS the
PRINCIPAL has submitted to
a certain Bid, which is hereby made a part hereof to enter into a Contract in
writing for the
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AND WHEREAS, the PRINCIPAL intends to file as a substitute for the bid
deposit which accompanied said bid this bond to guarantee that the PRINCIPAL
will perform the Agreement to execute a Contract and to furnish such other
bonds as may be required by the terms of the PRINCIPAL'S bid.
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New, THEREFORE, the condition of this obligation is such that if the
PRINCIPAL shall faithfully perform the Agreements as contained in the said bid,
then this obligation shall become null and void; otherwise, it shall be in full
force and effect, it being expressly understood and agreed that the liability
of the SURETY for any and all claims hereunder shall, in no event, exceed the
penal amount of this obligation as herein stated.
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The SURETY, for value received, hereby stipulates and agrees that the
obligations of said SURETY and its bond shall be in no way impaired or affected
by any extension of the time within which the avNER may accept such bid; and
said SURETY does hereby waive notice of any such extension.
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IN WITNESS, WHEREOF, the PRINCIPAL and the SURETY have hereunto set their
hands and seals to be hereto affixed and these presents to be signed by their
proper officers, the day and year first set forth above.
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Bid Bond
B-8
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(L.S. )
Principal
SEAL
Surety
By:
(ACKNa'lLEDGFMENI' BY PRINCIPAL, UNLESS IT BE A CCRPORATION)
STATE OF
55. :
CCUNTY OF
On this day of
, before me personally came
to me known and known to me
executed the foregoing instrument and
he executed the
to be the person(s) described in and who
acknowledged that
same.
Notary Public
(ACKNOWLEDGEMENT BY PRINCIPAL, IF A CCRPORATION)
STATE OF
ss. :
CCUNTY OF
On this
day of
before me personally came
, to me known, who being duly sworn, did
depose and say that he resides ln
that he is the of the
the corporation described ln and which executed
the foregoing instrument; that he knows the seal of said corporation; that the
seal affixed to said instrument was such corporate seal; that it was so affixed
by order of the Board of Directors of said corporation and that he signed his
name thereto by like order.
Notary Public
Bid Bond
B-9
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(ACKNO.1LEDGEMENT BY SURETY COMPANY)
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STATE OF
5S. :
COUNTY OF
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On the
day of
before me personally came
to me known, who being by me duly sworn, did
depose and say that he resides in
that he is the
of the
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, the corporation described in
which executed the within instrument; that he knows the seal of said
corporation; that the seal affixed to said instrument is such corporate seal;
that it was so affixed by the order of the Board of Directors of said
corporation and that he signed his name thereto by like order; and that the
liabilities of said company do not exceed its assets as ascertained in the
manner provided by the laws of the State of Connecticut.
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Notary Public
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Bid Bond
B-10
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This document has important legal consequences: consultation with an attorney is encouraged with
respect to its completion or modification.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
Engineers Joint Contract Documents Committee
and
Issued and Published Jointly By
'"
~
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
Contractors of America
These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-1 or
1910-8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the
others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering
Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary
Conditions. see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When
bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12) (1990 Edition) may be used.
EICOC No. 19H)-8 (1990 Ed;l;on)
Reprinted 5191
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(Q 1990 National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
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American Consulting Engineers Council
1015 15th Street, N.W., Washington, DC 20005
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American Society of Civil Engineers
345 East 47th Street, New York, NY 10017
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Construction Specifications Institute
601 Madison St., Alexandria, VA 22314
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Article or Paragraph
Number & Title
I. DEFINITIONS........................
1.1 Addenda ..............
1.2 Agreement ........
1.3 Application for Payment
1.4 Asbestos .............
1.5 B~...............
1.6 Bidding Documents .........
1.7 Bidding Requirements .....
1.8 Bonds ......................
1.9 Change Order..................
1.10 Contract Documents..............
1.11 Contract Price .....................
1.12 Contract Times ....... ...........
1.13 CONTRAClOR ..................
1.14 defective .........................
1.15 Drawings ..........................
1.16 Effective Date of the Agreement ..
1.17 ENGINEER ......... ............
1.18 ENGINEER's Consultant.......
1.19 Field Order .....................
1.20 General Requirements .......
1.21 Hazardous Waste
1.22 Laws and Regulations; Laws or
Regulations ........ ..... ....
1.23 Liens .............................
1.24 Milestone. . . . . . . . : . . .. . . .. . . .. . .
1.25 Notice of Award................
1.26 Notice to Proceed ......
1.27 OWNER ......................
1.28 Partial Utilization ....
1.29 PCBs. . . .. . . .. . . .. . . . . . .. .
1.30 Petroleum .......... ..........
1.31 Project .......................
1.32 Radioactive Material .............
1.33 Resident Project Representative ...
1.34 Samples ..........................
1.35 Shop Drawings ...................
1.36 Specifications. .. . . .. . . _ . . _ .. . .. .. . . . . .
1.37 Subcontractor ..............
1.38 Substantial Completion .,.............
1.39 Supplementary Conditions ............
1.40 Supplier ............................
1.41 Underground Facilities................
1.42 Unit Price Work .................
1.43 Work ................................
1.44 Work Change Directive .........
1.45 Written Amendment..................
2. PRELIMINARY MATTERS......................
2.1 Delivery of Bonds....................
2.2 Copies of Documents .................
2.3 Commencement of Contract Times;
Notice to Proceed ..............
Starting the Work ..... ...... .......
2.4
Page
Number
13
13
13
'13
13
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13
13
13
13
13
13
13
13
13
13
13
13
13
13
14
14
Arlide or Pora;.:ra{lh
Number & Title
2.5.2.7 Before Starting Construction;
CONTRACTOR's Responsibility to
Report: Preliminary Schedules;
Delivery of Certificates of
Insurance ...........
2.8 Preconstruction Conference
2.9 Initially Acceptable Schedoles
3. CONTRACT DOCUMENTS: iNTENT.
AMENDING. REUSE.
3.1.3.2 Inlent ............
3.3 Reference to Standards and
Specifications of Technical Societies;
Reporting and Resolving
Discrepancies
Intent of Certain Terms or Adjectives.
Amending Contract Documents
Supplementing Contract Documents
Reuse of Documents .
3.4
3.5
3.6
3.7
14
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14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
14
15
15
15
15
15
15
4. AVAILABILITY OF LANDS: SUBSURFACE AND
PHYSICAL CONDITIONS: REFERENCE POINTS .
4.1 Availability of Lands.
4.2 Subsurface and Physical Conditions
4.2.1 Reports and Drawings
4.2.2 Limited Reltance by CONTRACTOR
Authorized; Technical Data ..
4.2.3 Notice of Differing Subsurface or
Physical Conditions.
4.2.4 ENGINEER's Review
4.2.5 Possible Contract Documents Change
4.2.6 Possible Price and Times Adjustments
4.3 Physical Conditions-Underground
Facilities
4.3.1 Shown or Indicated...
4.3.2 Not Shown or Indicated
4.4 Reference Points.......
4.5 Asbestos. PCBs, Petroleum, Hazardous
Waste or Radioactive Material
5. BONDS AND INSURANCE ..
5.1-5.2
5.3
Performance, Payment and Other Bonds.
Licensed Sureties and Insurers;
Certificates of Insurance
CONTRACTOR's Liability Insurance
OWNER's Liability Insurance ...
Property Insurance ......... _. _.
Boiler and Machinery or Additional
Property Insurance ...............
Notice of Cancellation Provisions ...
CONTRACTOR's Responsibility for
Deductible Amounts ...........
Other Special Insurance ...........
Waiver of Rights ...... _ __ __ . . .. .
5.4
5.5
5.6
5.7
5.8
5.9
is
15
5.10
5.11
PURe
Number
15
15
16
16
16
16
17
17
17
17
17
17
17
17
18
18
18
18
18
18
18
19
19
19
20
20
20
20
21
21
21
21
22
22
22
Article or Paragraph Page
Number & Title Numher
5.12-5.13 Receipt and Application of Insurance
Proceeds 22
5.14 Acceptance of Bonds and Insurance;
Option to Replace 22
5.15 Partial Utilization-Property
Insurance ................ 21
6. CONTRACfOR'S RESPONSIBILITIES ....
6.1-6.2
6.3-6.5
6.6
6.7
6.8-6.11
6.12
6.13
6.14
6.15
6.16
6.17
6.18
6.19
6.20
6.21
6.22
6.23
6.24
6.25
6.26
6.27
6.28
6.29
6.30
6.31-6.33
6.34
Supervision and Superintendence. .
Labor, Materials and Equipment
Progress Schedule
Substitutes and "Or-Equal" Items;
CONTRACWR's Expense;
Substitute Construction
Methods or Procedures;
ENGINEER's Evaluation
Concerning Subcontractors, Suppliers
and Others; Waiver of Rights
Patent Fees and Royalties
Permits ..
Laws and Regulations
Taxes
Use of Premises
Site Cleanliness .
Safe Structural Loading .
Record Documents
Safety and Protection ..
Safety Representative ..
Hazard Communication Programs
Emergencies. .
Shop Drawings and Samples
Submittal Procedures;
CONTRACfOR's Review Prior to
Shop Drawing or Sample Submittal
Shop Drawing & Sample Submittals
Review by ENGINEER .....
Responsibility for Variation From
Contract Documents.
Related Work Performed Prior to
ENGINEER's Review and Approval
of Required Submittals
Continuing the Work .'
CONTRACfOR's General
Warranty and Guarantee -.......
Indemnification ........
Survival of Obligations .
7. aTHER WORK .............................
7.1-7.3 Related Work at Site............
7.4 Coordination
8. OWNER'S RESPONSIBILITIES
8. J Communications to Contractor
8.2 Replacement of ENGINEER.......
8.3 Furnish Data and Pay Promptly When
Due ......................
8.4 Lands and Easements; Reports and
Tests.. .
8.5 Insurance... .. -........
23
23
23
23
Article or Paragraph
Number & Title
8.6 Change Orders
8.7 Inspections, Tests and Approvals..
8.8 Stop or Suspend Work; Tenninale
CONTRACWR's Services
Limitations on OWNER's
Responsibilities .. . - . . . - . . .
Asbestos, PCBs, Petroleum. Hazardous
Waste or Radioactive Material ......
Evidence of Financial Arrangements
8.9
8.10
8.11
9 ENGINEER'S STATUS DURING
CONSTRUCTION
9.1
9.2
9.3
9.4
9.5
9.6
9.7-9.9
OWNER's Representative
Visits to Site. . .
Project Representative ....
Clarifications and Interpretations
Authorized Variations in Work ....
Rejecting Defective Work ........
Shop Drawings, Change Orders and
Payments ...,.........
Determinations for Unit Prices .....
Decisions on Disputes; ENGINEER as
Initial Interpreter ....... -..
Limitations on ENGINEER's
Authority and Responsibilities
23
24
25
25
25
25
26
26
26
26 10.
26
26
27
27
27
27 II.
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27
9.10
911-9.12
9.13
CHANGES IN THE WORK ................
10 I OWNER Ordered Change
10.2 Claim for Adjustment .............
10.3 Work Not Required by Contract
Documents
10.4 Change Orders
10.5 Notification of Surety
CHANGE OF CONTRACT PRICE
t 1.1-11.3 Contract Price; Claim for Adjustment;
Value of the Work .. . . . . .. . . . .
11.4 Cost of the Work ..... H .. H . .. .. .
11.5 Exclusions to Cost of the Work ....
11.6 CONTRACfOR's Fee ... .......
I L7 Cost Records ................ H . ..
11.8 Cash Allowances ............. - .. .
11.9 Unit Price Work......................
27
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28
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28
29
29
12. CHANGE OF CONTRACT TIMES.. H.......
12. t Claim for Adjustment................
12.2 Time of the Essence ................
12.3 Delays Beyond CONTRACfOR's
Control... ...............
12.4 Delays Beyond OWNER's and
CONTRACfOR's Control ..........
29
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29
13. TESTS AND INSPECTIONS; CORRECTION,
REMOVAL OR ACCEPTANCE OF DEFECTIVE
WORK .. H .. . . . . . . . . . H . . . . . . . .. . . . . .. .. . . . . .. . .
13.1 Notice of Defects.... H' H.... H......
13.2 Access to the Work......... H........
13.3 Tests and Inspections; Contractor's
Cooperation ...............
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13.4
Article or Paragraph
Number & Tille
Page
Number
14. PAYMENTS TO CONTRACIDR AND
COMPLETION........................... 37
14.1 Schedule of Values ............... 37
14.2 Application for Progress Payment 38
14.3 CONTRACIOR's Warranty of Title 38
14.4-14.7 Review of Applications for
Progress Payments ..... _ . . . . . . . . 38
14.8-14.9 Substantial Completion ............... 39
14.10 Partial Utilization ..................... 39
14.11 Final Inspection ...................... 39
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13.5
13.6-13.7
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13.8-13.9
13.10
13.11
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13.12
13.13
13.14
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OWNER's Responsibilities;
Independent Testing Laboratory
CONTRACrOR's Responsibilities.....
CoveringWork Prior to Inspection,
Testing or Approval ............
Uncovering Work at ENGINEER's
Request........................... .
OWNER May Stop the Work. ........
Correction or Removal of Defective
Work .......................
Correction Period............... ......
Acceptance of Defective Work ........
OWNER May Correct Defective
Work ...............................
36
36
Article or Paragraph
Number & Tille
14.12 Final Application for P'<iymenl .
14.13-14.14 Final Payment and Acceptance
14.15 Waiver of Claims
36
15. SUSPENSION OF WORK AND
TERMINATION
15.1 OWNER May Suspend Work .........
15.2-15.4 OWNER May Terminate.
15.5 CONTRACIDR May Stop Work or
Terminate . . . . . . .. .. .. . . .
36
36
37
37
16. DISPUTE RESOLUTION
37
17. MISCELLANEOUS.
17. t Giving Notice . . . . . . . . . __
q.2 Computation of Times ................
17.3 Notice of Claim .. .............
17.4 Cumulative Remedies ... _.........
17.5 Professional Fees and Court Costs
Included . . . . . . . . . . . . . . .. . .. .
EXHIBIT GC-A (Optional):
Dispute Resolution Agreement (Optional)
16.1-16.6 Arbitration
16.7 Mediation .
..... GC-AI
. GC-AI
GC-A2
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Number
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INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Acceptance of-
Bonds and Insurance.
defective Work
final payment..
insurance
other Work, by CONTRAClDR
Substitutes and "Or-Equal" Items
Work by OWNER
Access to the-
Lands, OWNER and CONTRAClDR
responsibilities.. .4.1
site, related work . 7.2
Work, 13.2, 13.14, 14.9
Acts or Omissions-, Acts and Omissions-
CONTRAClDR ..........
ENGINEER
OWNER
Addenda-detinition of (also see
definition of Specifications)
Additional Property Insurances
Adjustments
Contract Price or Contract
Times 1.5.3.5,4.1,4.3.2,4.5.2,4.5.3,9.4,9.5,
10.2-10.4, II, 12. 14.8, 15.1
......... ..6.6
.. 5.14
...10.4.1. 13.13,13.15
.. 9.12, 14.15
..... 5.14
..7.3
.6.7.1
.. 2.5, 6.30, 6.34
. 6.9.1,9.13.3
..6.20,9.13.3
.. 6.20, 8.9
. (1.6.1.10,619) 1.1
... 5.7
progress schedule
Agreement-
definition of . .
All risk Insurance. policy form.
Allowances. Cash
Amending Contract Documents..
Amendment, Written-
in general 1.10, 1.45,3.5,5.10,5.12,6.6.2,6.8.2.6.19.
10.1,10.4,11.2,12.1,13.12.2,14.7.2
Appeal, OWNER or CONTRAClDR
intent to ..9.10,9.11, 10.4, 16.2, 16.5
Application for Payment-
definition of . ... 1.3
ENGINEER's Responsibility ......9.9
final payment .....9.13.4,9.13.5, 14.12-14.15
in general....... ...2.8,2.9,5.6.4,9.10, 15.5
progress payment .. .......... ...14.1. 14.7
review of ........... 14.4-14.7
Arbitration (Optional). ............ . 16.1-16.6
Asbestos--
claims pursuant thereto
CONTRAClDR authorized to stop Work
definition of . . . . .
OWNER responsibility for ....
possible price and times change.
Authorized Variations in Work. . . . . . . . .
Availability of Lands
Award, Notice of--<lefined .....
Before Starting Construction ...
Bid--<lefinition of .............
(1.1,1.10,2.3,3.3,4.2.6.4,613,11.4.3,11.9.1)
1.2
. 5.6.2
...... 11.8
.... 3.5
... 4.5.2, 4.5.3
.4.5.2
. 1.4
....4.5.1.8.10
..... 4.5.2
..3.6,6.25,6.27,9.5
........... 4.1, 8.4
.......... ... 1.25
........ 2.5-2.8
...... 1.5
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Article or Paragraph
Number
...1.6(6.8.2)
.1.7 (1.1, 4.2.6.2)
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Bidding Documents-definition of . .
Bidding Requirements-definitions of
Bonds-
acceptance of. ......... _..5.14
additional bonds . . .. 10.5, 11.4.5.9
Cost of the Work. .....11.5.4
definition of . . . . . . . . . . . . .. 1.8
delivery of ....2.1,5.1
final application for payment ......... ...... 14.12-14.14
general .............1.10,5.1-5.3,5.13,9.13,10.5, 14.7.6
performance, Payment and Other .5.1-5.2
Bonds and Insurance-in general ......... 5
Builder's risk "all risk" policy form. .......5.6.2
Cancellation Provisions. Insurance _.......5.4.11.,5.8.5.15
Cash Allowances. . . . . .. .. . .. .. .. . . .. .... 11.8
Certificate of Substantial Completion......... 1.38,6.30.2.3,
14.8,14.10
Certificatesoflnspection ................9.13.4, 13.5, 14.12
Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8,
........................ 5.14.9.13.4,14.12
Change in Contract Price-
Cash Allowances ............................11.8
claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15,6.8.2,
9.4,9.5,9.11, 10.2. 10.5, 11.2, 13.9,
13.13.13.14,15.1,15.5
... ...... .11.6
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CONTRAClDR's fee
Cost of the Work
general
Exclusions to
Cost Records
in general
Lump Sum Pricing
Notification of Surety
Scope of .'
Testing and Inspection, Uncovering the Work
U nit Price Work
Value of Work
Change in Contract Times-
Claim for times adjustment ... 4.1. 4.2.6, 4.5, 5.15, 6.8.2,
9.4,9.5,9.11, 10.2, 10.5. 12.1, 13.9, 13.13,
13.14,14.7,15.1,15.5
Contractual time limits......... ...............12.2
Delays beyond CONTRAClDR's control............ 12.3
Delays beyond OWNER's and CONTRAClDR's con-
trol .. .......... ...................... 12.4
Notification of surety . . . . .. . . . _ . . .. ..' 10.5
Scope of change ..... .... 10.3-10.4
Change Orders-
Acceptance of Defective Work ..................... 13.13
Amending Contract Documents ......... 3.5
Cash Allowances ............... .. .. . .. . .. ... 11.8
Change of Contract Price .. ........ .... ........... 11
Change of Contract Times ..... ................ 12
Changes in the Work. .. . . . .. .. .. . .. . .. .. .. . .. . .. .. .... 10
CONTRAClDR's fee ......................11.6
Cost of the Work .. ..................... 11.4-11.7
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.... 11.4-11.7
..... 11.5
... 11.7
19. 1.44,9.11. 10.4.2, 10.4.3, II
.... 11.3.2
.. 10.5
.. 10.3-10.4
.... 13.9
..11.9
. 11.3
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Arlicle or Paragraph
Number
Cost Records.. ............. ...................11.7
definition of.... .... .................... ........ 1.9
emergencies . .. .. . . . .. .......... ... . .. . . 6.23
ENGINEER's responsibility......... 9.8. 10.4. 11.2. 12.1
execution of ............. ................... ........ 10.4
Indemnification..................... 6.12. 6.16, 6.31, 6.33
Insurance, Bonds and . ......... .........5.10,5.13,10.5
OWNER may terminate.......... ..............15.2-15.4
OWNER's Responsibility....................... 8.6, 10.4
Physical Conditions-
Subsurface and, .............................. ....... 4.2
Underground Facilities ... ......................4.3.2
Record Documents........ ... .... ........... ..... 6.19
Scope of Change .. ....... ........ .......... ....10.3-10.4
Substitutes................................... 6.7.3, 6.8.2
Unit Price Work.................................... 11.9
value of Work, covered by .......................... 11.3
Changes in the Work.................................... 10
Notification of surety ............................... 10.5
OWNER's and CONTRAcroR's responsibilities .... 10.4
Right to an adjustment.............................. 10.2
Scope of change ...... ... ......... ....10.3-10.4
Claims--
against CONTRAcroR .. ........... .........6.16
against ENGINEER ................................6.32
against OWNER.................................... 6.32
Change of Contract Price .......................9.4, 11.2
Change of Contract Times............ .......... 9.4.12.1
CONTRAcroR's 4, 7.1. 9.4, 9.5. 9.11. 10.2. 11.2, 11.9.
12.1,14.8.15.1. 15.5. 17.3
CONTRACfOR's Fee ....... ...........11.6
CONTRACfOR's liability ..... 5.4, 6.12. 6.16. 6.31
Cost of the Work .............. . . . . . ... 11.4. 11.5
Decisions on Disputes......... ...... ...... ... 9.11, 9.12
Dispute Resolution .................................. 16.1
Dispute Resolution Agreement.................. 16.1-16.6
ENGINEER as initial interpretor ....................9.11
Lump Sum Pricing.............. .................. 11.3.2
Notice of ........................................... 17.3
OWNER's ...........9.4.9.5.9.11. 10.2, 11.2, 11.9, 12.1.
13.9.13.13,13.14,17.3
OWNER's liability.... ............ ................... 5.5
OWNER may refuse to make payment .............. 14.7
Professional Fees and Court Costs Included .......... 17.5
request for formal decision on ............... ........ 9.11
Substitute items.................................. 6.7.1.2
Time Extension.................................. -.. 12.1
Time requirements. .......... .... ...... ....... 9.11,12.1
UnitPriceWork ..................................11.9.3
Value of ............................................ 11.3
Waiverof~n Final Payment ................ 14.14, 14.15
Work Change Directive ........... ........... ....... 10.2
written notice required ................... 9.11, 11.2, 12.1
Clarifications and Interpretations ............ 3.6.3, 9.4, 9.11
Clean Site ............................................6.17
Codes of Technical Society, Organization or
Association............. .........................3.3.3
Commencement of Contract Times ........ .............2.3
Communications-
Article or Paragraph
Number
......6.2,6.9.2, 8.1
...............6.22
general..... --_........- ....
Hazard Communication Programs
Completion-
Final Application for Payment...................... 14.12
Final Inspection ....... ............. ...............14.11
Final Payment and Acceptance ............... 14.13-14.14
Partial Utilization.... ............................. 14.10
Substantial Completion ................. 1.38, 14.8-14.9
Waiver of Claims ... ............................... 14.15
Computation of Times . .......... ......... 17.2.1-17.2.2
Concerning Subcontractors,
Suppliers and Others ............................ 6.~.11
Conferences-
initially acceptable schedules ......................... 2.9
preconstruction ...................................... 2.8
Conflict, Error, Ambiguity. Discrepancy-
CONTRACfOR to Report ..................... 2.5, 3.3.2
Construction. before starting by CONTRACTOR .... 2.5-2.7
Construction Machinery. Equipment, etc. ............... 6.4
Continuing the Work... .......................... 6.29, 10.4
Contract Documents-
Amending ........................................... 3.5
Bonds ...........................5.1
Cash Allowances .... . . . . . .. . . .. .. .. .. .. .. . . . . .. 11.8
Change of Contract Price ........ ................... II
Change of Contract Times ............... ............. 12
Changes in the Work ........................... 10.4-10.5
check and verify ....... . . .. .. . . . . .. . .. . . . .. .. . . . . . . 2.5
Clarifications and Interpretations ....... 3.2, 3.6. 9.4, 9.11
definition of .... ............ ........................ 1.10
ENGINEER as initial interpreter of .................9.11
ENGINEER as OWNER's representative............ 9.1
general ... . .. . . .. . .. .. .. .. . . .. .. . . .. . . . . .. . 3
Insurance........ _............ _ _.... ................. 5.3
Intent ............ ........ ..................3.1-3.4
minor variations in the Work ......................... 3.6
OWNER's responsibility to furnish data.............. 8.3
OWNER's responsibility to make
prompt payment ..... ................ 8.3, 14.4, 14.13
precedence ....................................3.1.3.3.3
Record Documents ..__..._................... _..... 6.19
Reference to Standards and Specifications
of TechnicaJ Societies......... ..... .......... _.....3.3
Related Work ........... .................. ........... 7.2
Reporting and Resolving Discrepancies........... 2.5, 3.3
Reuse of... ............ ..... ................. 3.7
Supplementing.......... ............................. 3.6
Termination of ENGINEER's Employment........... 8.2
Unit Price Work.................................... 11.9
variations................ ................ 3.6, 6.23, 6.27
Visits to Site, ENGlNEER's ......................... 9.2
Contract Price-
adjustment of ................ 3.5, 4.1, 9.4, 10.3. 11.2-11.3
Change of ............................................ II
Decision on Disputes................. .... ..........9.11
definition of ..... ........... .... ....................1.11
Contract Times-
adjustment of ...................... 3.5,4.1,9.4,10.3,12
Change of ......................................12.1-12.4
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Arricle or Paragraph
Number
Commencement of .... _ . . . . .
definition of
CONTRACIDR-
Acceptance of Insurance ............. ..5.14
Limited Reliance on Technical Data Authorized ..... 4.2.2
Communications... ...........6.2,6.9.2
Continue Work . ...........6.29, 10.4
coordination and scheduling. ......6.9.2
definition of .. .. .. .. . .... 1.13
May Stop Work or Tenninate ....................... 15.5
provide site access to others ....................7.2, 13.2
Safety and Protection ....... 4.3.1.2, 6.16, 6.18, 6.2Hi.23,
7.2, 13.2
Shop Drawing and Sample Review Prior to Submittal. 6.25
Stop Work requirements . _..........4..'5.2
CONTRACIDR's-
Compensation.... ..... ........11.1-11.2
Continuing Obligation........ .............. 14.15
Defective Work................. ...9.6, 13.10-13.14
Duty to correct defective Work..... ... .... ........ 13.11
Duty to Report-
Changes in the Work. caused by
Emergency.... .. ....... ...... .........6.23
Defects in Work of Others .. . .. ... 7.3
Differing conditions ....... ........4.2.3
Discrepancy in Documents ........... 2.5, 3.3.2, 6.14.2
Underground Facilities not indicated .......... 4.3.2
Emergencies.. ............... .........6.23
Equipment and Machinery Rental, Cost
of the Work .. .......... .... .... II .4.5.3
Fee-Cost-P1us.... ...............".4.5.6,".5.1,11.6
General Warranty and Guarantee . . 6.30
Hazard Communication Programs ................... 6.22
Indemnification.............. ...6.12,6.16,6.31-6.33
Inspection of the Work .......... ...7.3, 13.4,
Labor, Materials and Equipment.................. 6.3-6.5
Laws and Regulations, Compliance by .............6.14.1
Liability Insurance.. . ....................... ... 5.4
Notice of Intent to Appeal .. ...........9.10, 10.4
obligation to perfonn and complete the Work 6.30
Patent Fees and Royalties, paid for by .. . . . . . . 6.12
Perfonnance and Other Bonds .... .. .. .. .. .. .. .. .. .... 5. I
Pennits, obtained and paid for by ............. ...... 6.13
Progress Schedule..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1
Request for formal decision on disputes ...... ...9.11
Responsibilities-
Changes in the Work .... .. .. .. .. .. .. .. .. ..
Concerning Subcontractors, Suppliers and
6. II
Continuing the Work .. ....................6.29, 10.4
CONTRACIDR's expense ...............6.7.1
CONTRACIDR's General Warranty and Guaran-
tee ............................................... 6.30
CONTRACIDR 's review priorto Shop Drawingor Sam-
ple submittal ......... ..................6.25
Coordination of Work.. ................. 6.9.2
Emergencies ......... .................6.23
ENGINEER's evaluation, Substitutes
or "Or-Equal" Items ..........................6.7.3
.....2.3
.... 1.12
.... 10.1
Others. 6.8-
Article or Paragraph
Number
For Acts and Omissions of Others -.6.9.1-6.9.2,9.13
for deductible amounts, insurance .......5.9
general 6,7.2,7.3,8.9
Hazardous Communication Programs . . ...... .. 6.22
Indemnification .........6.31-6.33
Labor, Materials and Equipment . ...... 6.3-6.5
Laws and Regulations . ...... 6.14
Liability Insurance. ....... .....................5.4
Notice of variation from Contract Documents ..... 6.27
Patent Fees and Royalties . . . . . . . . . .. .... 6.12
Permits .......... . .. . .. . . . . . . .. .. .. .. .. .. .. .. 6.13
Progress Schedule ......... . 6.6
Record Documents . . . . . . . . . . . . . . . . 6. t 9
related Work performed pnor to ENGINEER's
approval of required submittals ...............
safe structural loading
Safety and Protection
Safety Representative .
Scheduling the Work................
Shop Drawings and Samples
Shop Drawings and Samples Review
by ENGINEER
Site Cleanliness.
Submittal Procedures
Substitute Construction Methods and
Procedures. .. ........6.7.2
Substitutes and "Or-Equal" Items ...6.7. t
Superintendence. . . .. . . . . . . . . . . . . . . .. .. . . . .. . . . .. .. 6.2
Supervision. . . . . . . . 6.1
Survival of Obligations. . . .. 6.34
Taxes .. .. . . .. .. 6.15
Tests and Inspections . . . . .. .. .. .. . .. ..... ... 13.5
To Repon ..... .... 2.5
Use of Premises .. . . . . . . . . .. . ... 6.16-6.18, 6.30.2.4
Review Prior to Shop Drawing or Sample Submittal .. 6.25
Right to adjustment for changes in the Work ......... 10.2
right to claim ..4,7.1,9.4,9.5,9.11,10.2,11.2,11.9,12.1,
13.9,14.8,15.1,15.5,17.3
Safety and Protection... ............6.20-6.22,7.2, 13.2
Safety Representative.... ..............6.21
Shop Drawings and Samples Submittals. ....... 6.24-6.28
Special Consultants ...... . . . . . . . . . . . . . . . . . 11.4.4
Substitute Construction Methods and Procedures . _ . . . 6.7
Substitutes and "Or-Equal" Items, Expense.. 6.7.1, 6.7.2
Subcontractors, Suppliers and Others ..... 6.8-6.11
Supervision and Superintendence . . . . . . . . 6.1, 6.2, 6.21
Taxes, Payment by .. ................ 6.15
Use of Premises.. ......... ..... .... 6.16-6.18
Warranties and guarantees . . . . . 6.30, 6.5
Warranty of Title .. .. .. ...... .. .. .... 14.3
Written Notice Required-
CONTRACIDR stop Work or tenninate ........... 15.5
Reports of Differing Subsurface and Physical Condi-
tions ............ .. ... . . . .. .... ....... ........ ....4.2.3
Substantial Completion.... ................. 14.8
CONTRACIDRS--<>ther ........ ............. 7
Contractual Liability Insurance ............. 5.4.10
Contractual Time Limits ................ 12.2
Coordination
..6.28
.. 6.18
.6.20,7.2, 13.2
............6.21
............. 6.9.2
....... ....... 6.24
....... 6.26
........... 6.17
.... 6.25
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Arlich' or Paragraph
Number
.................6.9.2
.......... 2.2
.. 13.12
CONTRAClDR's responsibility ...
Copies of Documents ..
Correction Period....... ......... -...
Correction. Removal or Acceptance of
Defective Work
in general............................. 10.4.1. 13.1(}.I3.14
Acceptance of Defective Work ..................... 13.13
Correction or Removal of Defective Work..... 6.30. 13.11
Correction Period................. ............ .....13.12
OWNER May Correct Defective Work............. 13.14
OWNER May Stop Work .......................... 13.10
Cost-
of Tests and Inspections........ _............. _...... 13.4
Records. ........ ................. 11.7
Cost of the Work-
Bonds and insurance, additional .............. -.. 11.4.5.9
Cash Discounts ................................... 11.4.2
CONTRACfOR's Fee .............................. 11.6
Employee Expenses............................. 11.4.5.1
Exclusions to ....................................... 11.5
General ........................................ 11.4-11.5
Home office and overhead expenses ................. 11.5
Losses and damages............................. 11.4.5.6
Materials and equipment .......................... 11.4.2
Minor expenses ................................. 11.4.5.8
Payroll costs on changes ....................... .. 11.4.1
performed by Subcontractors....... ............... 11.4.3
Records................................... ......... 11.7
Rentals of construction equipment and machinery. 11.4.5.3
Royalty payments. permits and license fees ...... 11.4.5.5
Site office and temporary facilities ....... .... 11.4.5.2
Special Consultants. CONTRACIDR's .... .. 11.4.4
Supplemental.... .........................11.4.5
Thxes related to the Work ....................... 11.4.5.4
Tests and Inspection... ......... ...... 13.4
Trade Discounts .............. . . . .. . . . . . . ... 11.4.2
Utilities, fuel and sanitary facilities. . . . . . . . . . . . . .. 11.4.5.7
Work after regular hours .......................... 11.4.1
Covering Work.... ......... ...................... 13.6-13.7
Cumulative Remedies ............................ 17.4-17.5
Cutting, fitting and patching ............................ 7.2
Data, to be furnished by OWNER ...................... 8.3
Day-<lefinition of ................................... 17.2.2
Decisions on Disputes ....... ............ ........ 9.11, 9.12
defective-<lefinition of ................................ 1.14
defective Work-
Acceptance of...... .................. ......10.4.1,13.13
Correction or Removal of ................... 10.4.1, 13.11
Correction Period ..................................13.12
ingeneral................................. 13. 14.7, 14.11
Observation by ENGINEER......................... 9.2
OWNER May Stop Work ......... ............ ..... 13.10
Prompt Notice of Defects ................. .......... 13.1
Rejecting............................................ 9.6
Uncovering the Work ............................... 13.8
Definitions....... ....... ...... ........ ...... .... ......... I
Delays .................................4.1. 6.29, 12.3-12.4
Delivery of Bonds ...... ................ ....... .........2.1
Delivery of certificates of insurance..................... 2.7
ArlicJe or Paragraph
Number
Detenninations for Unit Prices .. .... 9.10
Differing Subsurface or
Physical Conditions
Notice of ................4.2.3
ENGINEER's Review ......... ..............4.2.4
Possible Contract Documents Change.. .. _.......... 4.2.5
Possible Price and Times Adjustments . _. ........... 4.2.6
Discrepancies-Reporting and Resolving .... 2.5, 3.3.2,6.14.2
Dispute Resotution-
Agreement.... ............16.1-16.6
Arbitration ... .........................16.1-16.5
general ...................... 16
Mediation .. ......... .............. 16.6
Dispute Resolution Agreement.................... 16.1-16.6
Disputes, Decisions by ENGINEER... ......9.11-9.12
Documents-
Copies of .... . .. .. . .. .. .. 2.2
Record..... .......... 6.19
Reuse of ... .. . . . .. ..... ....... 3.7
Drawings-<lefinition of .. .............. 1.15
Easements _........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.1
Effective date of Agreement-definition of ............. 1.16
Emergencies . . . . . . .. . . . .. .. . . 6.23
ENGINEER-
as initial interpreter on disputes..... _.... ....... 9.11-9.12
definition of ..... ........................... 1.17
Limitations on authority and
responsibilities ....................9.13
Replacement of .... . . . . .. .. .. . .. .. . 8.2
Resident Project Representative...................... 9.3
ENGINEER's Consultant-definition of. .. .......... 1.18
ENGINEER's-
authority and responsibility. limitations on .... _...... 9.13
Authorized Variations in the Work.................... 9.5
Change Orders, responsibility for .....9.7,10, II, 12
Clarifications and Interpretations .. . .. ........ 3.6.3,9.4
Decisions on Disputes.. ...............9.11-9.12
defective Work. notice of . .. . . . _ . . . . .. .. . . . . . .. . .. 13.1
Evaluation of Substitute Items...................... 6.7.3
Liability....................................... 6.32,9.12
Notice Work is Acceptable. ...... .. ... _...... _. .. .. 14.13
Observations ..... ......... ... .... .. 6.30.2, 9.2
OWNER's Representative ...........................9.1
Payments to the CONTRACIDR,
Responsibility for ..............................9.9, 14
Recommendation of Payment................. 14.4, 14.13
Responsibilities-
Limitations on ........................ .1......9.11-9.13
Review of Reports on Differing Subsurface
and Physical Conditions.. . .. .. . . . . . . . . . . . . . . . . . . . 4.2.4
Shop Drawings and Samples. review
responsibility...... .................... ........... 6.26
Status During Construction-
authorized variations in the Work .................. 9.5
Clarifications and Interpretations ...................9.4
Decisions on Disputes........................ 9.11-9.12
Determinations on Unit Price ........... ..........9.10
ENGINEER as Initial Interpreter............. 9.11-9.12
ENGINEER's Responsibilities ................ 9.1-9.12
7
Article or Paragraph
Number
Limitations on ENGINEER's Authority and
Responsibilities . . . . . . . . . . . . . . . . . . .. . .. .. .. .
OWNER's Representative ...............
Project Representative ... ..... . .....
Rejecting Defective Work
Shop Drawings, Change Orders and
Payments............ ............ ...9.7-9.9
Visits to Site ...................................... 9.2
Unit Price Determinations. ... ... .. ....... ......... 9.10
Visits to Site.......... .. .. . . . . . . . . . ... . .. ............ 9.2
Written consent required. .....7.2,9.1
Equipment, Labor, Materials and . . . 6.3.jj.5
Equipment rental, Cost of the Work. . ....... ....... 11.4.5.3
Equivalent Materials and Equipment ..... . . . . . . . . . 6.7
Errors or omissions ................ .................. 6.33
Evidence of Financial Arrangements . . . . . . . . . . . . . . . . 8.11
Explorations of physical conditions . . . . . . . . 4.2.1
Fee, CONTRACfOR's-Costs-Plus ........ ... 11.6
Field Order-
definition of ............
issued by ENGINEER....
Final Application for Payment
Final Inspection..... . .
Final Payment-
and Acceptance .....
Prior to, for cash allowances
General Provisions ....
General Requirements-
defintion of .
principal references to ...
Giving Notice. ... . . ...
Guarantee of Work-by
CONTRACfOR ........................ .....6.30, 14.12
Hazard Communication Programs ............ 6.22
Hazardous Waste-
definition of .......
general ............
OWNER's responsibility for
Indemnification ...........
Initially Acceptable Schedules
Inspection-
Certificates of ......................... 9.13.4,13.5,14.12
Final .............................................. 14.11
Special, required by ENGINEER .................... 9.6
Tests and Approval.... ......... .....8.7,13.3-13.4
Insurance-
Acceptance of, by OWNER............. ............ 5.14
Additional, required by changes
in the Work ................................. 11.4.5.9
Before starting the Work .............................2.7
Bonds and-in general ...... ........... ................5
Cancellation Provisions .............................. 5.8
Certificates of.. 2.7, 5, 5.3, 5.4.11, 5.4.13, 5.6.5, 5.8, 5.14,
9.13.4,14.12
completed operations............ ........ .... ...... 5.4.13
CONTRACfOR's Liability............. .............. 5.4
CONTRACfOR's objection to coverage............. 5.14
Contractual Liability .............................. 5.4.10
...9.13
...9.1
..9.3
...9.6
....................1.19
....... 3.6.1, 9.5
......... ........ 14.12
.............. 14.11
................ 1~1~1~14
....... 11.8
.............17.3-17.4
............................ 1.20
...... 2.6, 6.4, 6.6.{;.7, 6.24
........... 17.1
................. 1.21
...............4.5
... ....... ....... 8.10
...6.12,6.16,6.31.jj.33
...... ........ ............ 2.9
Article or Paragraph
Number
deductible amounts, CONTRAClDR's
responsibility .
Final Application for Payment.
Licensed Insurers.
Notice requirements, material
changes ............. .. . . . . . . .. 5.8, 10.50
Option to Replace .......... ..5.14
other special insurances ...5.10
OWNER as fiduciary for insureds ......5.12-5.13
OWNER's Liability.............. ...........5.5
OWNER's Responsibility......... ...........8.5
Partial Utilization, Property Insurance ..............5.15
Property.................. .......5.6-5.10
Receipt and Application of Insurance Proceeds.. 5.12-5.13
Special Insurance ............ ......... 5.10
Waiver of Rights................ ................... 5.11
Intent of Contract Documents. .......... ....3.1-3.4
Interpretations and Clarifications .... ..... 3.6.3,9.4
Investigations of physical conditions .....4.2
Labor, Materials and Equipment . . 6.3.jj.5
Lands-
and Easements .............. .. ... ,...... 8.4
Availability of .. .... .. 4.1, 8.4
Reports & Tests .... .... .. .. ...... .. 8.4
Laws and Regulations-Laws or Regulations-
Bonds ................ ..... 5.1-5.2
Changes in the Work .. . .. .. .. .. . . . .. .. . . . . .. .. ... 10.4
Contract Documents .. .. . . ... .. .. . . .... ...,.. 3.1
CONTRACfOR's Responsibilities................... 6.14
Correction Period, defective Work. ........ .. .. ..... 13.12
Cost of the Work, taxes ......................... 11.4.5.4
definition of ................ .................... 1.22
general ............. .............6.14
Indemnification ................................6.31-6.33
Insurance...... ............................5.3
Precedence .... .. ...... ... .. 3.1, 3.3.3
Reference to .. ...... ........... .................. 3.3.1
Safety and Protection.. ...................6.20, 13.2
Subcontractors, Suppliers and Others ............ 6.8.{;.11
Tests and Inspections ............ . __... 13,5
Use of Premises................... ...... ....6.16
Visits to Site................... ........ ............ 9.2
Liability I nsurance-
CONTRACfOR's ... . .. .. ........ .. .. ........ 5.4
OWNER's..... .......... ......................5.5
Licensed Sureties and Insurers.... ..................5.3
Liens-
Application for Progress Payment ................... 14.2
Contractor's Warranty of Title. . .. ................... 14.3
Final Application for Payment...................... 14.12
definition of ........................................ 1.23
Waiver of Claims ..................................14.15
Limitations on ENGINEER's authority and
responsibilities .....,........ ............... 9.13
Limited Reliance by CONTRACfOR Authorized...... 4.2.2
Maintenance and Operating Manuals-
Final Application for Payment...................... 14.12
Manuals (of others)-
Precedence. . . . .. .. .. . .. . .. .. .. .. . . .. .. .. . .. .. .. .. 3.3.3.1
....5.9
.. 14.12
....5.3
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Number
Reference to in Contract Documents ....... 3.3.1
Materials and equipment-
furnished by CONTRAcroR . . . . . . . . . . . . . .. . . . . . . . . 6.3
not incorporated in Work...... .. ....... ..... 14.2
Materials or equipment--equivalent . . . . . . . . . . . . . . . . . 6.7
Mediation (Optional) .................................. 16.7
Milestones-definition of ...... .. .. .. . . . .. _ .. . . . . .. 1.24
Miscellaneous-
Computation of Times ....... ...... .......... ...17.2
Cumulative Remedies ............................... 17.4
Giving Notice....................................... 17.1
Notice of Claim .......................... ........... 17.3
Professional Fees and Court Costs Included.......... 17.5
Multi-prime contracts ............. .. . . . . . . . .. 7
Not Shown or Indicated ........... .............4.3.2
Notice of-
.Acceptability of Project..... .. ...........14.13
Award, definition of .......... ................... 1.25
Claim........................ ...............17.3
Defects, ............................................ 13.1
Differing Subsurface or Physical Conditions _. . . . . . . . .4.2.3
Giving................... .............. ......... 17.1
Tests and Inspections ............ ........ 13.3
Variation, Shop Drawing and Sample . . . . . . 6.27
Notice to Proceed-
definition of ....... .......... .......1.26
giving of ................ ... . ................... 2.3
Notification to Surety ............. . .. . . .. .. . . .. ... 10.5
Observations, by ENGINEER .................... 6.30, 9.2
Occupancy of the Work........ ...5.15,6.30.2.4, 14.10
Omissions or acts by CONTRAcroR ........6.9,9.13
"Open peril" policy fonn, Insurance. .............. .5.6.2
Option to Replace ............... ...5.14
"Or Equal" Items................ ........... ......6.7
Other work .................... ......................7
Overtime Work-prohibition of ......................... 6.3
OWNER-
Acceptance of defective Work...................... 13.13
appoint an ENGINEER............. ...... ...........8.2
as fiduciary .................................... 5.12-5.13
Availability of Lands, responsibility. . . . . . . . . .. . . . . . . . . 4.1
deftnitionof ........................................1.27
data, furnish ........ ............... ....... ............8.3
May Correct Defective Work ....................... 13.14
May refuse to make payment........................ 14.7
May Stop the Work .... .............. .............. 13.10
may suspend work.
tenninate ....................... 8.8, 13.10, 15.1-15.4
Payment, make prompt................... 8.3, 14.4, 14.13
perfonnance of other Work................. .......... 7.1
pennits and licenses, requirements .................. 6.13
purchased insurance requirements ............... 5.6--5. to
OWNER's-
Acceptance of the Work..... .......... ....6.30.2.5
Change Orders, obligation to
execute ................... . .. .. .. .. .. . 8.6, 10.4
Communications .............. .... ...... .... .........8.1
Coordination of the Work ............................ 7.4
Disputes, request for decision .......................9.11
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Arcicle or Paragraph
Number
.......... 8.7,13.4
............ 5.5
................ 13.1
Inspections. tests and approvaJs .
Liability Insurance .... - . . . . - .
Notice of Defects ...................
Representative-During Construction,
ENGINEER's Status............................ 9.1
Responsibilities-
Asbestos, PCB's, Petroleum, Hazardous
Waste on Radioactive Material .................. 8.10
Change Orders .................................... 8.6
Changes in the Work .. . .. .. .. .. .. .. .. .. .. .. .. .. ... 10.1
communications.... ..... ... ... ..... ...... .........8.1
CONTRAcroR's responsibilities ..................8.9
evidence of financial arrangements ..... _ . . . . . . . . . . 8.11
inspections, tests and approvals.................... 8.7
Insurance ......................................... 8.5
lands and easements .......... _" .................. 8.4
prompt payment by ................................ 8.3
replacement of ENGINEER ....................... 8.2
reports and tests ................................... 8.4
stop or suspend Work ... ............... 8.8, 13.10, 15.1
tenninate CONTRAcroR's services.......... 8.8, 15.2
separate representative at site ........................9.3
independent testing ...... _.......... ........13.4
use or occupancy of the
Work.................................... 5.15,14.10
written consent or approval
required ...............
written notice
required
PCBs-
.~~n~.......................IE
general... ............................4.5
OWNER's responsibility for ........................ 8.10
Partial Utilization-
definition of .............. ............. 1.28
general ......................... '" 6.30.2.4, 14.10
Property Insurance ....... ............... .......... 5.15
Patent Fees and Royalties ............................. 6.12
Payment Bonds.............. ....................... 5.1-5.2
Payments, Recommendation of ............. 14.4-14.7,14.13
Payments to CONTRAClUR and Completion--
Application for Progress Payments .................. 14.2
CONTRACfOR's Warranty of Title ................. 14.3
Final Application for Payment.............. ........ 14.12
Final Inspection ...................................14.11
Final Payment and Acceptance ............... 14.13-14.14
general ........................................... 8.3,14
Partial Utilization.................................. 14.10
Retainage ........................................... 14.2
Review of Applications for Progress
Payments .................................. 14.4-14.7
prompt payment ..................................... 8.3
Schedule of Values.................................. 14.1
Substantial Completion......................... 14.&-14.9
Waiver of Claims ........................... ....... 14.15
when payments due.......................... 14.4, 14.13
withholding payment................................ 14.7
Performance Bonds................................. 5.1-5.2
Pennits ......... ....................... ............... 6.13
...... 9.1, 6.3,11.4
.... 7.1,9.4,9.11,1\.2,11.9,14.7,15.4
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Article or Paragraph
Number
Petroleum-
definition of . . . . . . . . . . . . .. . . .. . . . . .. . . . .. ... 1.30
general ..................... . . . . . . .. . .. . . . . .. . 4.5
OWNER's responsibility for ............ .......8.10
Physical Conditions-
Drawings of, in or relating to .................... 4.2.1.2
ENGINEER's review.............. ......... .. .... 4.2.4
existing structures... ...... ....................... 4.2.2
general....... .... ...... .............. 4.2.1.2
Subsurface and. .... .......................... 4.2
Underground Facilities ............................... 4.3
Possible Contract Documents Change............... 4.2.5
Possible Price and Times Adjustments .............. 4.2.6
Reports and Drawings.............................. 4.2.1
Notice of Differing Subsurface or, ..................4.2.3
Subsurface and..................... .................4.2
Subsurface Conditions ............ . . .. . . . . . .. .. . . . 4.2.1.1
Technical Data. Limited Reliance by
CONTRAClDR Authorized.................... 4.2.2
Underground Facilities-
general .......................................... 4.3
Not Shown or Indicated ............. 4.3.2
Protection of. ...............4.3.6.20
Shown or Indicated......................... .. 4.3.1
Technical Data .......................... .... 4.2.2
Preconstruction Conference ................ _.. _...2.8
Preliminary Matters ............................ 2
Preliminary Schedules.................................. 2.6
Premises, Use of ................. ...... 6.16-6.18
Price, Change of Contract . . . . . . . . . .. II
Price, Contract--<lefinition of . . . . . . . . .. 1.11
Progress Payment, Applications for ... .. ..... 14.2
Progress payment-retainage ...................... 14.2
Progress schedule. CONTRACTOR's .....2.6,2.8,2.9.6.6.
6.29, 10.4. 15.2.1
Project--<lefinition of.................................. 1.31
Project Representative-
ENGINEER's Status During Construction.... _.. _....9.3
Project Representative, Resident
--<lefinition of ..... ........................... 1.33
prompt payment by OWNER........................... 8.3
Property Insurance
Additional ........................................... 5.7
general .......................................... 5.6-5.10
Partial Utilization.............. ............. 5.15,14.10.2
receipt and application of
proceeds..................................5.12-5.13
Protection, Safety and ... .................... 6.20-6.21. 13.2
Punch list ............................................ 14.11
Radioactive Material-
definition ........................................... 1.32
general .............................................. 4.5
OWNER's responsibility for ........................8.10
Recommendation of Payment.............. 14.4, 14.5. 14.13
Record Documents .............................6.19.14.12
Records, procedures for maintaining .................... 2.8
Reference Points ....................................... 4.4
Reference to Standards and Specifications
of Technical Societies ................................3.3
Article or Paragraph
Number
Regulations, Laws and (or)
Rejecting Defective Work.
Related Work-
at Site
Performed prior to Shop Drdwings
and Samples submittals review
Remedies, cumulative.
Removal or Correction of
Defective Work .....
rental agreements, OWNER approval
required . _ . . . . .. . . . . . .
replacement of ENGINEER. by OWNER
Reporting and Resolving Discrepancies
Reports-
and Drawings ..... ............. .. __. 4.2.1
and Tests, OWNER's responsibility ....... _..........8.4
Resident Project Representative-
definition of ........................................ 1.33
provision for.... . . . .. .... .. .. 9.3
Resident Superintendent. CONTRACTOR's ......6.2
Responsibilities-
CONTRACTOR's-in general ........................... 6
ENGINEER's-in general.. .......... .. 9
Limitations on . ..............9.13
OWNER's-in general ..................................8
Retainage ..... ... 14.2
Reuse of Documents . _............ ................... _.3.7
Review by CONTRACTOR: Shop Drdwings
and Samples Prior to SubmittaJ
Review of Applications for Progress
Payments... ......... .......... 14.4--14.7
Right to an adjustment .............................. 10.2
Rights of Way . . .. . . .. . . .. . . . . .. .. . .. . .. .. .. . .. .. . 4.1
Royalties, Patent Fees and. .. _......6.12
Safe Structural Loading .... .. .... 6.18
Safety-
and Protection.... . . . 4.3.2. 6.16. 6.18. 6.20-6.21. 7.2, 13.2
general ........................................ 6.20-6.23
Representative. CONTRACTOR's ...................6.21
Samples-
definition of .. .. .. .. .. .. .. .. .. .. .. .. .. .... 1.34
general ............. .. .. .. .. .. . .. 6.2~.28
Review by CONTRACTOR ......................... 6.25
Review by ENGINEER .. .... .........6.26. 6.27
related Work........................................ 6.28
submittal of ................. .. . ..... .............. 6.24.2
submittal procedures . . . . . . . .. .. . _ . . .. . . . . . 6.25
Schedule of progress ..... 2.6. 2.8-2.9, 6.6. 6.29, .10.4, 15.2.1
Schedule of Shop Drawing and Sample
Submittals....................... 2.6. 2.8-2.9. 6.2~.28
Schedule of Values........................ 2.6. 2.8-2.9.14.1
Schedules-
Adherence to . ..... ... ........... 15.2.1
Adjusting ................ .. . .. .. .. .. .. .. .. . 6.6
Change of Contract Times . . .. . . .. . .. . . . . . . . .... 10.4
Initially Acceptable .. .. .. . .. . .. .. . .. .. .. .. . .. . 2.8-2.9
Preliminary ............... . . . . . . . . .. . . . . . . . .. 2.6
Scope of Changes .................. 10.3-10.4
Subsurface Conditions .............................. 4.2.1.1
.............6.14
......................9~
...... 7.1-7.3
.... 6.28
...... 17.4, 17.5
... 13.11
11.4.5.3
.............8.2
.. 2.5. 3.3.2. 6.14.2
.........6.25
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Article or Paragraph
Number
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Shop Drawings-
and Samples, general .... ............... 6.24-<>.28
Change Orders & Applications for
Payments, and ....... .................9.7-9.9
definition of .... . .. .. .. . .. .. . .. .. . . ... 1.35
ENGINEER's approval of ............... _.3.6.2
ENGINEER's responsibility
for review ............... ..9.7,6.24-<>.28
related Work .......... . . . .. .. . . . . . . . . . . . .. .. .. .. .. .. 6.28
review procedures ......................... 2.8, 6.24-<>.28
submittal required................................. 6.24.1
Submittal Procedures ............................... 6.25
use to approve substitutions ....... _...... .... _ 6.7.3
Shown or Indicated................................... 4.3.1
Site Access .................... ................... 7.2,13.2
Site Cleanliness....................................... 6.17
Site, Visits to--
by ENGINEER ................................ 9.2, 13.2
by others ................................... ........ 13.2
"Special causes of loss" policy form, insurance ....... 5.6.2
Specifications-
definition of ........................... ............. 1.36
of Technical Societies, reference to .................3.3.1
precedence. ............ ........................... 3.3.3
Standards and Specifications of Technical
Societies............ ...................... ........ 3.3
Starting Construction, Before ....................... 2.5-2.8
Starting the Work ...................................... 2.4
Stop or Suspend Work-
by CONTRAcroR ................. ................ 15.5
by OWNER............... ...... ........ 8.8. 13.10, 15.1
Storage of materials and equipment ... _ . . . . . . . _ . . . . . 4.1. 7.2
Structural Loading, Safety...... ..................... 6.18
Subcontractor -
Concerning, .... ................................. 6.~.11
definition of ........................................ 1.37
delays .............................................. 12.3
waiver of rights ..................................... 6.11
SubconlraCtors-in general ........................ 6.~.11
Subcontrncts-required provisions ........ 5.11. 6.11, 11.4.3
Submittals-
Applications for Payment ........................... 14.2
Maintenance and Operation Manuals ............... 14.12
Procedures .........................................6.25
Progress Schedules.............................. 2.6, 2.9
Samples ....................................... 6.24-<>.28
Schedule of Values .............................2.6, 14.1
Schedule of Shop Drawings and
Samples Submissions.................... 2.6, 2.8-2.9
Shop Drawings .. .. .. .. .. .. . .. .. .. .. .. .. .. . .. .. . 6.24-<>.28
Substantial Completion-
certification of ........................ 6.30.2.3, 14.8-14.9
definition of ........................................ 1.38
Substitute Construction Methnds or Procedures ....... 6.7.2
Substitutes and "Or Equal" Items...................... 6.7
CONTRACfOR's Expense ....................... 6.7.1.3
ENGINEER's Evaluation.......................... 6.7.3
"Or-Equal" ........................................ 6.7.1
Substitute Construction Methnds of Procedures..... 6.7.2
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Arlide or Paragraph
Number
........... 6.7.1.2
Substitute Items _. _ . . . . . . . . . . . . .
Subsurface and Physical Conditions-
Drawings of, in or relating to ... .. 4.2.1.2
ENGINEER's Review ......... ...4.2.4
general.................... ....................4.2
Limited Reliance by CONTRACmR
Authorized....... ........................... 4.2.2
Notice of Differing Subsurface or
Physical Conditions ................................ 4.2.3
Physical Conditions. . . .. .. . . . .. . . . . . .. . . . .. . . . .. . .. . 4.2.1.2
Possible Contract Documents Change ................. 4.2.5
Possible Price and Times Adjustments ....... _ _ . . . . . . . 4.2.6
Reports and Drawings ............ .. . .. .. .... .. 4.2.1
Subsurface and ................... . . .. . .. .. .. 4.2
Subsurface Conditions at the Site ................. 4.2.1.1
Technical Data ..................................... 4.2.2
Supervision-
CONTRAcroR's responsibility ...................... 6.1
OWNER shall not supervise .... 8.9
ENGINEER shall not supervise. . .. ..... 9.2, 9.13.2
Superintendence ....................................... 6.2
Superintendent, CONTRACmR's resident ...........6.2
Supplemental costs ... . . . .. . . . .. . . . . .. ... 11.4.5
Supplementary Conditions~
definition of ........................................ \.39
principal reference to .... 1.10. 1.18, 2.2, 2.7, 4.2, 4.3, 5.1,
5.3, 5.4. 5.6-5.9, 5.11. 6.8. 6.13. 7.4, 8.11, 9.3, 9.10
Supplementing Contract Documents .................... 3.6
Supplier -
definition of ........
principal references to . . . .
........................ 1.40
.3.7, 6.5, 6.~.11.
6.20,6.24,9.13,14.12
...... ............. 6.11
Waiver of Rights
Surety~
consenl to final payment. ................. 14.12, 14.14
ENGINEER has no duty to . .... ............... 9.13
Notification of ............. .. 10.1. 10.5, 15.2
qualification of ..... .. . . .... .. ... .. ....... 5.1-5.3
Survival of Obligations .......... . . .. .. .. .. .. . 6.34
Suspend Work, OWNER May ...... ........ 13.10, 15.1
Suspension of Work and Termination- .................. 15
CONTRACfOR May SlOp Work or
Tenninate ........................................ 15.5
OWNER May Suspend Work....................... 15.1
OWNER May Terminate....................... 15.2-15.4
Taxes-Payment by CONTRAcmR ................. ...6.15
Technical Data-
Limited Reliance by CONTRAcroR ............... 4.2.2
Possible Price and Times Adjustments ..............4.2.6
Reports of Differing Subsurface and
Physical Conditions .............................. 4.2.3
Temporary construction facilities. . . . . . . . . . . . . . . . . . . . . . . . 4.1
Termination-
by CONTRACfOR ................................. 15.5
by OWNER............................... 8.8,15.1-15.4
of ENGINEER's employment.. ...................... 8.2
Suspension of Work-in general........................ 15
Terms and Adjectives.................................. 3.4
Tests and Inspections-
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Access to the Work, by others ... .. ........ 13.2
CONTRAcroR's responsibilities.................... 13.5
costof............ ................... ........13.4
covering Work prior to ........ ........... 13.6-13.7
Laws and Regulations (or) .. 13.5
Notice of Defects....... ................... ..... 13.1
OWNER May Stop Work ....... . . . .......... 13.10
OWNER's independent testing ......................13.4
special, required by ENGINEER. .........9.6
timely notice required............. . ............ 13.4
Uncovering the Work, at ENGINEER's
request ........ ...............
Times--
Adjusting ........... .....6.6
Change of Contract ......................... .....12
Adjusting ................................... . . .. . 6.6
Computation of ........................ .......17.2
Contract Times-detinition of ....................... 1.12
day ........,..................................... ..17.72
Milestones ............................. ......... 12
Requirements-
appeals .............
clarifications, claims and
disputes. .. . . . . . . . . . . . .
commencement of contract times
preconstruction conference . . . . . .
schedules...................... .
starting the Work..............
Title, Warranty of ....................
Uncovering Work... _...... .............
Underground Facilities, Physical Conditions-
definition of ......
Not Shown or Indicated..... ........
protection of ...... ..................
Shown or Indicated . . . .. . . . . . . . . . . .. . . ..
Unit Price Work-
claims ......
definition of
general . _ . . .
U nit Prices-
general .......................... H H H H .. .. .. H' 11.3.1
Determination for........... ........................9.10
Use of Premises H H H..... H H H' H H H 6.16, 6.18, 6.30.2.4
Utility owners H" H'" H'" H H' H' 6,13,6.20,7.1-7.3, 13.2
Artide or Paragraph
Number
13.8-13.9
...HH 16
.. 9.11,11.2,12
......... 2.3
.... H H'" 2.8
... 2.6. 2.9, 6.6
........... H 2.4
. 14.3
HH" 13.8-13.9
..... H'" 1.41
. . . . . . . . . . 4.3.2
.....4.3,6.20
'HHH.4,3,1
.... H H H H" ...... H 11.9.3
H........ H H.... H" H" ..... 1.42
.H" H H" HH HH.HH HH' 11.9, 14.1, 14.5
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Artide or Paragraph
Number
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... 1.28, 5.15, 6.30. 2.4, 14.10
.... H H H H 11.3
.... 2.6, 2.8-2.9, 14.1
Utilization, P-artial
Value of the Work _ .
VaJues, Schedule of ..
Variations in Work-Minor
Authorized .
Visits of Site-by ENGINEER
Waiver of Claims-on Final
Payment.. .. . . .. . .
Waiver of Rights by insured parties.
Warranty and Guarantee. General-by
CONTRAcroR .. H......... H..... H'" HH 6,30
Warranty of Title. CONTRACfOR's .........,.,....... 14.3
Work-
Access to .
by others,
Changes in the .....................
Continuing the,. ..............
CONTRAcroR May Stop Work
or Terminate ...... .... . ...... 15.5
Coordination of.......... H' H.HH....... H" H....' 7.4
Cost of the H H . . .. . H H H . H' 11.4-11.5
definition of .. H .. .. . . .. .. .. H H' 1.43
neglected by CONTRAcroR ..... ....... ..' 13.14
other Work .... ................7
OWNER May Stop Work HH' ........HHH..H 13.10
OWNER May Suspend Work H' .. ..... 13.10, 15.1
Related. Work at Site... H...... H" H H H" H.... 7.1-7.3
Starting the .................... . . . . .. .. .. . . 2.4
Stopping by CONTRAcroR .... ...... .....,15.5
Stopping by OWNER H" H'" .... H H H' 15.1-15.4
Variation and deviation authorized.
minor ....................
Work Change Directive-
claims pursuant to .....
definition of ....
principal references to ..
Written Amendment-
definition of .. . . . . . . . . . .. . .. 1.45
principal references to ... 1.10, 3.5, 5.10, 5.12, 6,6.2, 6.8.2,
6,19, 10.1, 10.4, 11.2. 12.1, 13.12,2. 14.7.2
Written Clarifications and
Interpretations . ..... H .. .. ... H H 3.6.3, 9.4, 9.11
Written Notice Required-
by CONTRAcroR H'" H' 7.1. 9.10-9.11, 10.4, 11.2, 12,1
by OWNERH....... H.... H" .9.10-9.11. 10.4, 11.2, 13.14
..6.25.6.27,9.5
..............H 9.2
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.. HH.... 14,15
...... 5.11, 6.11
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H'" H" H H H 13.2
... H" H H H' 7
............"",,10
........,6,29
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... H" 3.6
.. H H H H' 10,2
.... .....H.H 1.44
.. 3.5.3. 10.1-10.2
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GENERAL CONDITIONS
ARTICLE I-DEFINITIONS
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Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
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1.1. Addenda-Written or graphic instruments issued prior
to the opening of Bids which clarify, correct or change the
Bidding Requirements or the Contract Documents.
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1.2. Agreement-The written contract between OWNER
and CONTRAcroR covering the Work to be performed; other
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
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1.3. Application for Payment-The form accepted by EN-
GINEER which is to be used by CONTRAcroR in requesting
progress or final payments and which is to be accompanied by
such supporting documentation as is required by the Contract
Documents.
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t.4. Asbestos-Any material that contains more than one
percent asbestos and is friable or is releasing asbestos fibers
into the air above current action levels established by the
United States Occupational Safety and Health Administration.
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1.5 . Bid-The offer or proposal of the bidder submitted on
the prescribed form setting forth the prices for the Work to be
performed .
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1.6. Bidding Documen/s- 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).
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1.7. Bidding Requiremenls- The advertisement or invita-
tion to Bid, instructions to bidders, and the Bid form.
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1.8. Bonds-Performance and Payment bonds and other
instruments of security.
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1.9. Change Order-A document recommended by ENGI-
NEER, which is signed by CONTRACfOR and OWNER and
authorizes an addition, deletion or revision in the Work, or an
adjuslment in the Contract Price or the Contract Times, issued
on or after the Effective Date of the Agreement.
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1.10, Contract Documents-The Agreement, Addenda
(which pertain to the Contract Documents), CONTRACfOR's
Bid (including documentation accompanying the Bid and any
post Bid documentation submitted prior to the Notice of
A ward) when attached as an exhibit to the Agreement, the
Notice to Proceed, the Bonds, these General Conditions, the
Supplementary Conditions, the Specifications and the Draw.
ings as the same are more specifically identified in the Agree-
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menl, together with all Written Amendments, Change Orders,
Work Change Directives, Field Orders and ENGINEER's
written interpretations and clarifications issued pursuant to
paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date
of the Agreement. Shop Drawing submittals approved pursu-
ant to paragraphs 6.26 and 6.27 and the reports and drawings
referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract
Documents.
1.11. Contract Price-The moneys payable by OWNERto
CONTRACmR for completion of the Work in accordance
with the Contract Documents as stated in the Agreement
(subject to the provisions of paragraph 11.9.1 in the case of
Unit Price Work).
1.12. Contract Times-The numbers of days or the dates
stated in the Agreement: (i) to achieve Substantial Completion,
and (ii) to complete the Work so that it is ready for final
payment as evidenced by ENGINEER's written recommenda.
tion of final payment in accordance with paragraph 14.13.
1.13. CONTRAC1DR-The person, firm or corporation
with whom OWNER has entered into the Agreement.
1.14. defective-An adjective which when modifying the
word Work refers to Work that is unsatisfactory, faulty or
deficient. in that it does not conform to the Contract Docu-
ments. or does not meet the requirements of any inspection,
reference standard. test or approval referred to in the
Contract Documents, or has been damaged prior to ENGI-
NEER's recommendation of final payment (unless responsi-
bility for the protection thereofhas been assumed by OWNER
at Substantial Completion in accordance with paragraph 14.8
or 14.10).
1.15. Drawings-The drawings which show the scope,
extent and character of the Work to be furnished and per.
formed by CONTRACmR and which have been prepared or
approved by ENGINEER and are referred to in the Contract
Documents. Shop drawings are not Drawings as so defined.
1.16. Effective Date of the Agreement-The date indicated
in the Agreement on which it becomes effective. but if no such
date is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
1.17. ENGINEER-The person, firm or corporation named
as such in the Agreement.
1.18. ENGINEER's Consullant-A person, firm or corpo-
ration having a contract with ENGINEER to furnish services
as ENGINEER's independent professional associate or con-
sultant with respect to the Project and who is identified as such
in the Supplementary Conditions.
1.19. Field Order-A written order issued by ENGINEER
which orders minor changes in the Work in accordance with
paragraph 9.5 but which does not involve a change in the
Contract Price or the Contract Times.
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1.20. General Requirements-Sections of Division I of the
Specifications.
1.21. Hazardous Waste-The term Hazardous Waste shall
have the meaning provided in Section 1004 of the Solid Waste
Disposal Act (42 USC Section 6903) as amended from time to
time.
1.22. Laws and Regulations; Laws or Regulations-Any
and all applicable laws, rules. regulations, ordinances. codes
and orders of any and all governmental bodies. agencies,
authorities and courts having jurisdiction.
1.23. Liens-Liens, charges, security interests or encum-
brances upon real property or personal property.
1.24. Milestone-A principal event specified in the Con-
tract Documents relating to an intermediate completion date or
time prior to Substantial Completion of all the Work.
1.2.5. Notice of Award-The written notice by OWNER to
the apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein. within the time specified. OWNER will
sign and deliver the Agreement.
1.26. Notice to Proceed-A written notice given byOWNER
to CONTRACIDR (with a copy to ENGINEER) fixing the
date on which the Contract Times will commence to run and on
which CONTRACIDR shall start to perform CONTRAC-
TOR's obligations under the Contract Documents.
1.27. OWNER-The public body or authority, corpora-
tion. association. firm or person with whom CONTRAcroR
has entered into the Agreement and for whom the Work is to be
provided.
1.28. Partial Utilization-Use by OWNER of a substan-
tially completed part of the Work for the purpose for which it is
intended (or a related purpose) prior to Substantial Completion
of all the Work.
1.29. PCBs-Polychlorinated biphenyls.
1.30. Petroleum-Petroleum. including crude oil or any
fraction thereof which is liquid at standard conditions of
temperature and pressure (60 degrees Fahrenheit and 14.7
pounds per square inch absolute), such as oil, petroleum, fuel
oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with
other non-Hazardous Wastes and crude oils.
1.31 . Project-The total construction of which the Work to
be provided under the Contract Documents may be the whole,
or a part as indicated elsewhere in the Contract Documents.
1.32. Radioactive Material-Source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of
1954 (42 use Section 201 I et seq.) as amended from time to
time.
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1.33. Resident Project Representative- The authorized
representative of ENGINEER who may be assigned to the site
or any part lhereof.
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1.34. Samples-Physical examples of materials, equipment,
or workmanship that are representative of some portion of the
Work and which establish the standards by which such portion
of the Work will be judged.
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1.35. Shop Drawings-All drawings, diagrams, illustra-
tions. schedules and other data or information which are
specifically prepared or assembled by or for CONTRACfOR
and submitted by CONTRACIDR to illustrate some portion of
the Work.
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1.36. Specijications- Those portions of the Contract Doc-
uments consisting of written technical descriptions of materi-
als. equipment, construction systems. standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
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1.37. Subcontractor-An individual. finn or corporation
having a direct contract with CONTRACIOR or with any
other Subconlractor for the performance of a part of the Work
at the site.
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1.38. Substantial Complelion-The Work (or a specified
part thereoO has progressed to the point where, in the opinion
of ENGINEER as evidenced by ENGINEER's definitive
certificate of Substantial Completion, it is sufficiently com-
plete, in accordance with the Contract Documents. so that the
Work (Ot specified part) can be utilized for the purposes for
which it is intended; or ifno such certificate is issued. when the
Work is complete and ready for final payment as evidenced by
ENGINEER's written tecommendation of final payment in
accordance with paragraph 14.13. The terms "substantially
complete" and "substantially completed" as applied to all or
part of the Work refer to Substantial Completion thereof.
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1.39. Supplementary Conditions-The part of the Contract
Documents which amends or supplements these General Con-
ditions.
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1.40. Supplier-A manufacturer, fabricator, supplier, dis-
tributor, materialman or vendor having a direct contract with
CONTRACTOR or with any Subcontractor to furnish materi-
als or equipment to be incorporated in the Work by CON-
TRACIDR or any Subcontractor.
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1.41. Underground Facilities-All pipelines, conduits, ducts,
cables, wires, manholes. vaults. tanks. tunnels or other such
facilities or attachments, and any encasements containing such
facilities which have been installed underground to furnish any
of the following services or materials: electricity. gases. steam.
liquid petroleum products, telephone or other communica-
tions. cable television, sewage and drainage removal. traffic or
other control systems or water.
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1.42. Unit Price Work-Work to be paid for on the basis of
unit prices.
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1.43. Work-The entire completed construction or the var-
ious separately identifiable parts thereof required to be fur-
nished under the Contract Documents. Work includes and is
the result of performing or furnishing labor and furnishing and
incorporating materials and equipment into the construction,
and performing or furnishing services and furnishing docu-
ments, all as required by the Contract Documents.
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1.44. Work Change Directive-A written directive to CON-
TRACJOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by
ENGINEER, ordering an addition, deletion or revision in the
Work, or responding to differing or unforeseen physical condi-
tions under which the Work is to be performed as provided in
paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A
Work Change Directive will not change the Contract Price or
the Contract Times, but is evidence that the parties expect that
the change directed or documented by a Work Change Direc-
tive will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Times as provided in
paragraph 10.2.
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1.45. Written Amendment-A written amendment of the
Contract Documents, signed by OWNER and CONTRACTOR
on or after the Effective Date of the Agreement and normally
dealing with the nonengineering or nontechnical rather than
strictly construction-related aspects of the Contract Docu-
ments.
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ARTICLE 2-PRELlMINARY MATTERS
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Deli.." of Bonds:
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2.1. When CONTRACJOR delivers the executed Agree-
ments to OWNER, CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
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Copin of Doc_IllS:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably neces-
sary for the execution of the Work. Additional copies will be
furnished. upon request. at the cost of reproduction.
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C__IMIIl of Co_ Times; NOIiI:e 10 Proceed:
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2.3. The Contract Times will commence to run on the thirti-
eth day after the Effective Date of the Agreement, or, if a Notice
to Proceed is given, on the day indicated in the Notice to Proceed.
A Notice to Proceed may be given at any time within thirty days
after the Effective Date of the Agreement. In no event will the
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Contract Times commence to run later than the sixtieth day after
the day of Bid opening or the thirtieth day after the Effective Date
of the Agreement, whichever date is earlier.
Starling tlu Work:
2.4. CONTRACTOR shall ,tanto perform the Work on the
date when the Contract Times commence to run, but no Work.
shall be done at the site prior to the date on which the Contract
Times commence to run.
Befort: Sttuting ConsJruJ:tWn:
2.5. Before undertaking each part of the Work, CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
connict, error, ambiguity or discrepancy which CONTRAC-
TOR may discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any
Work affected thereby; however, CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
conflict, error. ambiguity or discrepancy in the Contract Doc-
uments, unless CONTRACTOR knew or reasonably should
have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Requirements),
CONTRACfOR shall submit to ENGINEER for review:
2.6.1. a preliminary progress schedule indicating the
times (numbers of days or dates) for starting and completing
the various stages of the Work, including any Milestones
specified in the Contract Documents;
2.6.2. a preliminary schedule of Shop Drawing and Sam-
ple submittals which will list each required submittal and the
times for submitting, reviewing and processing such submit-
tal;
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the basis
for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit appli-
cable to each item of Work.
2.7. Before any Work at the site is started, CONTRACTOR
and OWNER shall each deliver to the other, with copies to
each additional insured identified in the Supplementary Condi-
tions, certificates of insurance (and other evidence of insurance
which either of them or any additional insured may reasonably
request) which CONTRACTOR and OWNER respectively are
required to purchase and maintain in accordance with para-
graphs 5.4, 5.6 and 5.7.
Preconstruction Conference:
2.8. Within twenty days after the Contract Times start to
run, but before any Work at the site is started, a conference
15
allended by CONTRACTOR, ENGINEER and others as ap-
propriate will be held to establish a working understanding
among the parties as to the Work and to discuss the schedules
referred to in paragraph 2.6, procedures for handling Shop
Drawings and other submittals, processing Applications for
Payment and maintaining required records.
IlfiJioJ/y Acceptable Schedules:
2.9. Unless otherwise provided in the Contract Docu~
meots. at least ten days before submission of the first Applica.
tion for Payment a conference allended by CONTRACTOR,
ENGINEER and others as appropriate will be held to review
for acceptability to ENGINEER as provided below the sched-
ules submilled in accordance with paragraph 2.6. CONTRAC-
TOR shall have an additional ten days to make corrections and
adjustments and to complete and resubmit the schedules. No
progress payment shall be made to CONTRACTOR until the
schedules are submitted to and acceptable to ENGINEER as
provided below. The progress schedule will be acceptable to
ENGINEER as providing an orderly progression of the Work
to completion within any specified Milestones and the Contract
Times, but such acceptance will neither impose on ENGI.
NEER responsibility for the sequencing. scheduling or progress
of the Work nor interfere with or relieve CONTRACTOR from
CONTRACTOR's full responsibility therefor. CONTRACTOR's
schedule of Shop Drawing and Sample submissions will be
acceptable to ENGINEER as providing a workable arrange-
ment for reviewing and processing the required submittals.
CONTRACTOR's schedule of values will be acceptable to
ENGINEER as to form and substance.
ARTICLE 3--CONTRACT DOCUMENTS: INTENT,
AMENDING, REUSE
Intent:
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary; what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with the
law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereoO to be con-
structed in accordance with the Contract Documents. Any
Work, materials or equipment that may reasonably be inferred
from the Contract Documents or from prevailing custom or
trade usage as being required to prnduce the intended result
will be furnished and performed whether or nol specifically
called for_ When words or phrases which have a well- known
technical or construction industry or trade meaning are used to
describe Work. materials or equipment, such words or phrases
shall be interpreted in accordance with that meaning. Clarifi-
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cations and interpretations of the Contract Documents shall be
issued by ENGINEER as provided in paragrnph 9.4.
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3.3. Referoru:e to SUlndards and Specijicatinns of Technu:a1
Societies; Reporting and Resolving Discrepancies:
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3.3.1. Reference to standards, specifications. manuals or
codes of any technical society, organization or association,
or to the Laws or Regulations of any governmental authority,
whether such reference be specific or by implication. shall
mean the latest standard, specification. manual. code or
Laws or Regulations in effect at the time of opening of Bids
(or. on the Effective Date of the Agreement if there were no
Bids). except as may be otherwise specifically stated in the
Contract Documents.
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3.3.2. If, during the performance of the Work, CON-
TRACTOR discovers any conflict, error, ambiguity or dis-
crepancy within the Contract Documents or between the
Contract Documents and any provision of any such Law or
Regulation applicable to the performance of the Work or of
any such standard, specification, manual or code or of any
instruction of any Supplier referred to in paragraph 6.5,
CONTRACTOR shall report it to ENGINEER in writing at
once, and, CONTRACTOR shall not proceed with the Work
affected thereby (except in an emergency as authorized by
paragraph 6.23) until an amendment or supplement to the
Contract Documents has been issued by one of the methods
indicated in paragraph 3.5 or 3.6; provided. however. that
CONTRACTOR shall not be liable to OWNER or ENGI-
NEER for failure to report any such conflict, error. ambigu-
ity or discrepancy unless CONTRACTOR knew or reason-
ably should have known thereof.
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3.3.3. Except as otherwise specifically stated in the
Contract Documents or as may be provided by amendment
or supplement thereto issued by one of the methods indi-
cated in paragraph 3.5 or 3.6, the provisions of the Contract
Documents shall take precedence in resolving any conflict.
error, ambiguity or discrepancy between the provisions of
the Contract Documents and:
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3.3.3.1. the provisions of any such standard, speci-
fication. manual. code or instruction (whether or not
specifically incorporated by reference in the Contract
Documents); or
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3.3.3.2. the provisions of any such Laws or Regu-
lations applicable to the performance of the Work
(unless such an interpretation of the provisions of the
Contract Documents would resulr in violation of such
Law or Regulation).
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No provision of any such standard, specification. manual.
code or instruction shall be effective to change the duties and
responsibilities oroWN ER, CONTRACTOR or ENGIN EER,
or any of their subcontractors. consulrants. agents. or em-
ployees from those set forth in the Contract Documents. nor
shall it be effective to assign to OWNER, ENGINEER or
any of ENGINEER's Consultants, agents or employees any
duty or authority to supervise or direct the furnishing or
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performance of the Work or any duty or authority to under-
take responsibility inconsistent with the provisions of para-
graph 9.13 or any other provision of the Contract Docu-
ments.
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3.4. Whenever in the Contract Documents the terms "as
ordered," "as directed," "as required," "as allowed," has
approved" or teons of like effect or import are used, or the
adjectives "reasonable,"' "suitable,"' "acceptable," "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement, direction. review or judg-
ment of ENGINEER as to the Work, it is intended that such
requirement, direction. review or judgment will he solely to
evaluate, in general, the completed Work for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of the
completed Project as a functioning whole as shown or
indicated in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any such
tenn or adjective shall not be effective to assign to ENGI-
NEER any duty or authority to supervise or direct the
furnishing or perfonnance of the Work or any duty or
authority to undertake responsibility contrary to the provi-
sions of paragraph 9.13 or any other provision of the
Contract Documents.
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A.....n4ing tuul Supple_1IIing Conlnu:l Documents:
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3.5. The Contract Documents may he amended to provide
for additions, deletions and revisions in the Work or to modify
the terms and conditions thereof in one or more of the following
ways:
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3.5.1. a fonnal Written Amendment,
3.5.2. a Change Order (pursuant to paragraph 10.4). or
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3.5.3. a Work Change Directive (pursuant to
paragraph 10.1).
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3.6. In addition, the requirements of the Contract Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may he authorized, in one or more of the
following ways:
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3.6.1. a Field Order (pursuant to paragraph 9.5),
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3.6.2. ENGINEER's approval of a Shop Drawing or
Sample (pursuant to paragraphs 6.26 and 6.27), or
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3.6.3. ENGINEER's written interpretation or clarifica-
tion (pursuant to paragraph 9.4).
B._ of Documellls:
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3.7. CONTRACfOR, and any Subcontractor or Supplier
or other person or organization perfonning or furnishing any of
the Work under a direct or indirect contract with OWNER (i)
shall not have or acquire any title to or ownership rights in any
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of the Drawings, Specifications or other documents (or copies
of any thereoO prepared by or hearing the seal of ENGINEER
or ENGINEER's Consultant, and (ii) shall nol reuse any of
such Drawings. Specifications. other documents or copies on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaption by ENGINEER.
ARTICLE 4-AVAILABILlTY OF LANDS;
SUBSURFACE AND PHYSICAL
CONDITIONS; REFERENCE POINTS
AvtUIabiIity of Lonth:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to he performed.
rights-of-way and easements for access thereto, and such other
lands which are designated for the use of CONTRACIOR.
Upon reasonable written request, OWNER shall furnish CON-
TRACIOR with a correct statement of record legal title and
legal description of the lands upon which the Work is to be
perfonned and OWNER's interest therein as necessary for
giving notice of or filing a mechanic's lien against such lands in
accordance with applicable Laws and Regulations. OWNER
shall identify any encumbrances or restrictions not of general
application but specifically related to use of lands so furnished
with which CONTRACfOR will have to comply in perfonning
the Work. Easements for pennanent structures or permanent
changes in existing facilities will he obtained and paid for by
OWNER. unless otherwise provided in the Contract Docu.
ments. IfCONTRACIOR and OWNER are unable to agree on
entitlement to or the amount or extent of any adjustments in the
Contract Price or the Contract Times as a result of any delay in
OWNER's furnishing these lands, rights-of-way or easements.
CONTRACIOR may make a claim therefor as provided in
Articles II and 12. CONTRACIOR shall provide for all
additional lands and access thereto that may he required for
temporary construction facilities or storage of materials and
equipment.
4.2. Subsrufou tuul PhysiaJJ Conditions:
4.2.1. Reports and Drawings: Reference is made to the
Supplementary Conditions for identification of:
4.2.1.1. Subsurface Conditions: Those reports of explo-
rations and tests of subsurface conditions at or contiguous to
the site that have heen utilized by ENGINEER in preparing
the Contract Documents; and
4.2.1.2. Physical Conditions: Those drawings of physical
conditions in or relating to existing surface or subsurface
structures at or contiguous to the site (except Underground
Facilities) that have heen utilized by ENGINEER in prepar-
ing the Contract Documents.
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4.2.2. Limited Reliance by CONTRACWR Authorized;
Technical Data: CONTRACfOR may rely upon the general
accuracy of the "technical data" contained in such reports and
drawings, but such reports and drawings are not Contract
Documents. Such "technical data" is identified in the Supple-
mentary Conditions. Except for such reliance on such "tech.
nical data," CONTRACfOR may not rely upon or make any
claim against OWNER, ENGINEER or any of ENGINEER's
Consultants with respect to:
4.2.2.1. the completeness of such reports and drawings
for CONTRACfOR's purposes, including, but not limited
to, any aspects of the means, methods, techniques, se.
quences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs inci.
dent thereto. or
4.2.2.2. other data, interpretations, opinions and infor.
mation contained in such reports or shown or indicated in
such drawings, or
4.2.2.3. any CONTRACTOR interpretation of or conclu-
sion drawn from any "technical data" or any such data,
interpretations, opinions or information.
4.2.3. Notice of Differing Subsurface or Physical Condi-
tions: If CONTRACTOR believes that any subsurface or
physical condition at or contiguous to the site that is uncovered
or revealed either:
4.2.3.1. is of such a nature as to establish that any
"technical data" on which CONTRACTOR is entitled to
rely as provided in paragraphs 4.2.1 and 4.2.2 is materially
inaccurate, or
4.2.3.2. is of such a nature as to require a change in the
Contract Documents. or
4.2.3.3. differs materially from that shown or indicated in
the Contract Documents, or
4.2.3.4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally recog-
nized as inherent in work of the character provided for in the
Contract Documents; then
CONTRACfOR shall, promptly after becoming aware thereof
and before funher disturbing conditions affected thereby or
performing any Work in connection therewith (except in an
emergency as permitted by paragraph 6.23), notify OWNER
and ENGINEER in writing about such condition. CONTRAC-
IDR shall not funher disturb such conditions or perform any
Work in connection therewith (except as aforesaid) until re-
ceipt of written order to do so.
4.2.4. ENGINEER's Review: ENGINEER will promptly
review the pertinent conditions. determine the necessity of
OWNER's obtaining additional exploration or tests with re-
spectthereto and advise OWNER in writing (with a copy to
CONTRACfOR) of ENGINEER's findings and conclusions.
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4.2.5. Possible Contract Documents Change: If ENGI.
NEER concludes that a change in the Contract Documents is
required as a result of a condition that meets one or more of the
categories in paragraph 4.2.3.. a Work. Change Directive or a
Change Order will be issued as provided in Article 10 to reflect
and document the consequences of such change.
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4.2.6. Possible Price and Times Adjustments: An equitable
adjustment in the Contract Price or in the Contract Times. or
both. will be allowed to the extent that the existence of such
uncovered or revealed condition causes an increase or de.
crease in CONTRAcroR's cost of. or time required for
performance of, the Work; subject, however, to the following:
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4.2.6.1. such condition must meet anyone or more of the
categories described in paragraphs 4.2.3.1 through 4.2.3.4,
inclusive;
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4.2.6.2. a change in the Contract Documents pursuant to
paragraph 4.2.5 will not be an automatic authorization of nor
a condition precedent to entitlement to any such adjustment;
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4.2.6.3. with respect to Work that is paid for on a Unit
Price Basis. any adjustment in Contract Price will be subject
to the provisions of paragraphs 9.10 and 11.9; and
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4.2.6.4. CONTRACTOR shall not be entitled to any
adjustment in the Contract Price or Times if;
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4.2.6.4.1. CONTRACTOR knew of the existence of
such conditions at the time CONTRACTOR made a final
commitment to OWNER in respect of Contract Price and
Contract Times by the submission of a bid or becoming
bound under a negotiated contract; or
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4.2.6.4.2. the existence of such condition could rea.
sonably have been discovered or revealed as a result of
any examination, investigation. exploration. test or study
of the site and contiguous areas required by the Bidding
Requirements or Contract Documents to be conducted by
or for CONTRACTOR prior to CONTRACTOR's making
such final commitment; or
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4.2.6.4.3. CONTRACTOR failed to give the written
notice within the time and as required by paragraph 4.2.3.
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If OWNER and CONTRACTOR are unable to agree on
entitlement to or as to the amount or length of any such
equitable adjustment in the Contract Price or Contract Times,
a claim may be made therefor as provided in Articles II and 12.
However, OWNER, ENGINEER and ENGINEER's Consult-
ants shall nol be liable to CONTRACTOR for any claims,
costs, losses or damages sustained by CONTRACfOR on or in
connection with any other project or anticipated project.
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4,3, Physu:aI ConJjJjgns-Untkrground Facilities:
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4.3.1. Shown or Indicated: The information and data shown
or indicated in the Contract Documents with respect to existing
Underground Rlcilities at or contiguous to the site is based on
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infonnation and data furnished to OWNER or ENGINEER by
the owners of such Underground Ricililies or by others. Unless il
is otherwise expressly provided in the Supplementary Conditions:
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4.3.1.1. OWNER and ENGINEER shall not be respon.
sible for the accuracy or completeness of any such infonna-
tion or data; and
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4.3.1.2. The cost of all of the following will be included in
the Contract Price and CONTRAClDR shall have full respon.
sibility for: (i) reviewing and checking all such infonnation and
data, (ii) locating all Underground Ricilities shown or indicated
in the Contract Documents, (iii) coordination of the Work with
the owners of such Underground Rlcilities during construction,
and (iv) the safety and protection of all such Underground
Ricilities as provided in paragraph 6.20 and repairing any
damage thereto resulting from the Work.
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4.3.2. Not Shown or Indicated: If an Underground Rlcilily
is uncovered or revealed at or contiguous to the site which was
not shown or indicated in the Contract Documents. CON~
TRACIOR shall, promptly after becoming aware thereof and
before further disturbing conditions affected thereby or per.
fonning any Work in connection therewith (except in an
emergency as required by paragraph 6.23), identify the owner
of such Underground Facility and give written notice to that
owner and to OWNER and ENGINEER. ENGINEER will
promptly review the Underground Facility and determine the
extent, if any, to which a change is required in the Contract
Documents to reflect and document the consequences of the
existence of the Underground Rlcility. If ENGINEER con.
cludes that a change in the Contract Documents is required, a
Work Change Directive or a Change Order will be issued as
provided in Article 10 to reflect and document such conse-
quences. During such time. CONTRAClDR shall be respon.
sible for the safety and protection of such Underground Facility
as provided in paragraph 6.20. CONTRACIOR shall be al.
lowed an increase in the Contract Price or an extension of the
Contract Times, or both, to the extent that they are attributable
to the existence of any Underground Facility that was not
shown or indicated in the Contract Documents and that CON-
TRACIOR did not know of and could not reasonably have
been expected to be awate of or to have anticipated. If
OWNER and CONTRACIOR are unable to agree on entitle-
ment to or the amount or length of any such adjustment in
Contract Price or Contract Times, CONTRACIOR may make
a claim therefor as provided in Articles II and 12. However,
OWNER, ENGINEER and ENGINEER's Consultants shall
not be liable to CONTRACIOR for any claims, costs, losses or
damages incurred or sustained by CONTRACIOR on or in
connection with any other project or anticipated project.
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R./.,._ Points:
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4.4. OWNER shall provide engineering surveys to estab-
lish reference poinls for construction which in ENGINEER's
judgment are necessary to enable CONTRAClDR 10 proceed
with the Work. CONTRACIOR shall be responsible for laying
out the Work, shall protect and preserve the established
reference points and shall make no changes or relocations
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without the prior written approval of OWNER. CONTRAC.
lDR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations. and shall be respon-
sible for the accurate replacement or relocation of such refer-
ence points by professionally qualified personnel.
4.5. Asbeslos, PCBs, Petroleum, HazanIous Waste or Radio-
active Material:
4.5. I. OWNER shall be responsible fOl" any Asbestos,
PCBs, Petroleum, HazMdous Waste or Radioactive Material
uncovered or revealed at the site which was not shown or
indicated in Drawings or Specifications or identified in the
Contract Documents to be within the scope of the Work and
which may present a substantial danger to persons or property
exposed thereto in connection with the Work at the site.
OWNER shall not be responsible fOl" any such materials
brought to the site by CONTRAClOR, SUbcontractOl", Suppli-
ers 01" anyone else fOl" whom CONTRAClDR is responsible.
4.5.2. CONTRACIOR shall immediately: (i) stop all
Work in connection with such hazardous condition and in
any area affected thereby (except in an emergency as re-
quired by paragraph 6.23), and (ii) notify OWNER and
ENGINEER (and thereafter confirm such notice in writing).
OWNER shall promptly consult with ENGINEER concern.
ing the necessity for OWNER to retain a qualified expert to
evaluate such hazardous condition or take corrective action,
if any. CONTRACIOR shall not be required to resume Work
in connection with such hazardous condition or in any such
affected area until after OWNER has obtained any required
permits related thereto and delivered to CONTRACIOR
special written notice: (i) specifying that such condition and
any affected area is or has been rendered safe for the
resumption of Work, or (ii) specifying any special conditions
under which such Work may be resumed safely. If OWNER
and CONTRACIOR cannot agree as to entitlement to or the
amount or extent of an adjustment, if any, in Contract Price
or Contract Times as a result of such Work stoppage or such
special conditions under which Work is agreed by CON-
TRACIOR to be resumed, either party may make a claim
therefor as provided in Articles II and 12.
4.5.3. If after receipt of such special written notice
CONTRACTOR does not agree to resume such Work based
on a reasonable belief it is unsafe. or does not agree to
resume such Work under such special conditions, then
OWNER may order such portion of the Work that is in
connection with such hazardous condition or in such af-
fected area to be deleted from the Work. If OWNER and
CONTRACIOR cannot agree as to entitlement to or the
amount or extent of an adjustment. if any, in Contract Price
or Contract Times as a result of deleting such portion of the
Work, Ihen either party may make a claim therefor as
provided in Articles II and 12. OWNER may have such
deleted portion of the Work performed by OWNER's own
forces or others in accordance with Article 7.
4.5.4. To the fullest extent permitted by Laws and Reg-
ulations, OWNER shall indemnify and hold harmless CON.
TRACIOR, Subcontractors, ENGINEER, ENGlNEER.s
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Consultants and the officers, directors, employees, agents,
other consultants and subcontractors of each and any of
them from and against all claims, costs, losses and damages
arising out of or resulting from such hazardous condition,
provided that: (i) any such claim, cost, loss or damage is
attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work itselO, including the loss of use resulting therefrom,
and (ii) nothing in this subparagraph 4.5.4 shall obligate
OWNER to indemnify any person or entity from and against
the consequences of that person's or entity's own negli-
gence.
4.5.5. The provisions of paragraphs 4.2 and 4.3 are not
intended to apply to Asbestos, PCBs, Petroleum, Hazardous
Waste or Radioactive Material uncovered or revealed at the
site.
ARTICLE 5-BONDS AND INSURANCE
Prr/ontfIJIft:e, PaYmI!1Il and OtJrer Bonds:
5.1. CONTRACTOR shall furnish Performance and Pay-
ment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACfOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due, except as
provided otherwise by Laws or Regulations or by the Contract
Documents. CONTRACTOR shall also furnish such other
Bonds as are required by the Supplementary Conditions. All
Bonds shall be in the form prescribed by the Contract Docu-
ments except as provided otherwise by Laws or Regulations,
and shall be executed by such sureties as are named in the
current list of"Companies Holding Certificates of Authority as
Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in Circular 570 (amended)
by the Audit Staff, Bureau of Government Financial Opera-
tions, U.S. Treasury Department. All Bonds signed by an
agent must be accompanied by a certified copy of such agent's
authority to act.
5.2_ If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right to
do business is terminated in any state where any part of the
Project is located or it ceases to meet the requirements of
paragraph 5.1, CONTRACfOR shall within ten days thereafter
substitute another Bond and surety, both of which must be
acceptable to OWNER.
5.3. Licensed SurfltieS and Insurfl": CertificaJes of Insurance:
5.3.1. All Bonds and insurance required by the Contract
Documents to be purchased and maintained by OWN ER or
CONTRACTOR shall be obtained from surety or insurance
companies that are duly licensed or authorized in the juris-
diction in which the Project is located to issue Bonds or
insurance policies for the limits and coverages so required.
Such surety and insurance companies shall also meet such
additional requirements and qualifications as may be pro-
vided in the Supplementary Conditions.
5.3.2. CONTRACfOR shall deliver to OWNER, with
copies to each additional insured identified in the Supple-
mentary Conditions, certificates of insurance (and other
evidence of insurance requested by OWNER or any other
additional insured) which CONTRACfOR is required to
purchase and maintain in accordance with paragraph 5.4.
OWNER shall deliver to CONTRACTOR, with copies to
each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence of
insurance requested by CONTRACTOR or any other addi-
tional insured) which OWNER is required to purchase and
maintain in accordance with paragraphs 5.6 and 5.7 hereof.
CONTRACfOR's Liability Insurance:
5.4. CONTRACfOR shall purchase and maintain such
liability and other insurance as is appropriate for the Work
being perfortned and furnished and as will provide protection
from claims set forth below which may arise out of or result
from CONTRACfOR's performance and furnishing of the
Work and CONTRACfOR's other obligations under the Con-
tract Documents, whether it is to be performed or furnished by
CONTRACTOR, any Subcontractor or Supplier, or by anyone
directly or indirectly employed by any of them to petfonn or
furnish any of the Work. or by anyone for whose acts any of
them may be liable:
5.4.L claims under workers' compensation, disability
benefits and other similar employee benefit acts;
5.4.2. claims for damages because of bodily injury, oc-
cupational sickness or disease, or death of CONTRAC-
TOR's employees;
5.4.3. claims for damages because of bodily injury, sick-
ness or disease, or death of any person other than CON-
TRACfOR's employees;
5.4.4. claims for damages insured by customary personal
injury liability coverage which are sustained: (i) by any
person as a result of an offense directly or indirectly related
to the employment of such person by CONTRACfOR, or (ii)
by any other person for any other reason;
5.4.5. claims for damages, other than to the Work itself,
because of injury to or destruction of tangible property
wherever located, including loss of use resulting therefrom;
and
5.4.6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership. maintenance or use of any motor vehicle.
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The policies of insurance so required by this paragraph 5.4 to
be purchased and maintained shall:
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5.4.7. with respect to insurance required by paragraphs
5.4.3 through 5.4.6 inclusive. include as additional insureds
(subject to any customary exclusion in respect of profes-
sionalliability)OWNER, ENGINEER. ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, all of whom shall be listed as
additional insureds, and include coverage for the respective
officers and employees of all such additional insureds;
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5.4.8. include the specific coverages and be written for
not less than the limits of liability provided in the Supplc4
mentary Conditions or required by Laws or Regulations.
whichever is greater;
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5.4.9. include completed operations insurance;
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5.4.10. include contractual liability insurance covering
CONTRACffiR's indemnity obligations under paragraphs
6.12,6.16 and 6.31 through 6.33;
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5.4.11. contain a provision or endorsement that the
coverage afforded will not be cancelled, materially changed
or renewal refused until at least thirty days prior written
notice has been given to OWNER and CONTRAClDR and
to each other additional insured identified in the Supplemen-
tary Conditions to whom a certificate of insurance has been
issued (and the certificates of insurance furnished by the
CONTRAcroR pursuant to paragraph 5.3.2 will so pro-
vide);
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5.4.12. remain in effect at least until final payment and at
all times thereafter when CONTRAcroR may be correct-
ing, removing or replacing defective Work in accordance
with paragraph 13.12; and
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5.4.13. with respect to completed operations insurance,
and any insurance coverage written on a claims-made basis,
remain in effect for at least two years after final payment
(and CONTRAcroR shall furnish OWNER and each other
additional insured identified in the Supplementary Condi-
tions to whom a certificate of insurance has been issued
evidence satisfactory to OWNER and any such additional
insured of continuation of such insurance at finaJ payment
and one year thereafter).
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OWNER's LiDbiliJy Insunuu:e:
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5.5. In addition to the insurance required to be provided by
CONTRACIOR under paragraph 5.4, OWNER, at OWNER's
option, may purchase and maintain at OWNER's expense
OWNER's own liability insurance as will protect OWNER
against claims which may arise from operations under the
Contract Documents.
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Property Insurruu:e:
5.6. Unless otherwise provided in the Supplementary Con-
ditions, OWNER shall purchase and maintain property insur-
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ance upon the Work at the site in the amount of the full
replacement cost thereof (subject to such deductible amounts
as may be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance shall:
5.6.1. include the interests of OWNER. CONTRAC-
lDR, Subcontractors, ENGINEER. ENGINEER's Con-
sultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured;
5.6.2. be written on a Builder's Risk "all-risk" or open
peril or special causes of loss policy form that shall at least
include insurance for physical loss or damage to the Work.
temporary buildings, falsework and Work in transit and shall
insure against at least the following perils fire, lightning,
extended coverage, theft, vandalism and malicious mischief,
earthquake, collapse, debris removal, demolition occasioned
by enforcement of Laws and Regulations. water damage,
and such other perils as may be specifically required by the
Supplementary Conditions;
5.6.3. include expenses incurred in the repair or replace-
ment of any insured property (including but not limited to
fees and charges of engineers and architects);
5.6.4. cover materials and equipment stored at the site or
at another location that was agreed to in writing by OWNER
prior to being incorporated in the Work, provided that such
materials and equipment have been included in an Applica~
tion for Payment recommended by ENGINEER; and
5.6.5. be maintained in effect until final payment is made
unless otherwise agreed to in writing by OWNER, CON-
TRAcroR and ENGINEER with thirty days written notice
to each other additionaJ insured to whom a certificate of
insurance has been issued.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRAcroR, Subcontractors, ENGINEER, ENGlN EER's
Consultants and any other persons or entities identified in the
Supplementary Conditions, each of whom is deemed to have
an insurable interest and shall be listed as an insured or
additional insured.
5.8. All the policies of insurance (and the certificates or
other evidence thereoO required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and 5.7
will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to OWNER and CONTRAcroR and to each other
additional insured to whom a certificate of insurance has been
issued and will contain waiver provisions in accordance with
paragraph 5. ".
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5.9. OWNER shall not be responsible for purchasing and
maintainingany property insurance to protect the interests of
CONTRACIDR, Subcontractors or others in the Work to the
ex.tent of any deductible amounts that are identified in the
Supplementary Conditions. The risk of loss within such iden-
tified deductible amount, will be borne by CONTRAClDR,
Subcontractor or others suffering any such loss and if any of
them wishes property insurance covernge within the limits of
such amounts, each may purchase and maintain it at the
purchaser's own expense.
5.10. If CONTRACfOR requests in writing that other
special insurance be included in the property insurance policies
provided under paragraphs 5.6 or 5.7, OWNER shall, ifpossi.
ble, include such insurance, and the cost thereof will be
charged to CONTRACIDR by appropriate Change Order or
Written Amendment. Prior to commencement of the Work at
the site, OWNER shall in writing advise CONTRAClDR
whether or not such other insurance has been procured by
OWNER.
5,11. Waiver of Rights:
5.11.1. OWNER and CONTRAClDR intend that all
policies purchased in accordance with paragraphs 5.6 and
5.7 will protect OWNER, CONTRAClDR, Subcontractors,
ENGINEER, ENGINEER's Consultants and all other per.
sons or entities identified in the Supplementary Conditions to
be listed as insureds or additional insureds in such policies
and will provide primary coverage for all losses and damages
caused by the perils covered thereby. All such policies shall
contain provisions to the effect that in the event of payment
of any loss or damage the insurers will have no rights of
recovery against any of the insureds or additional insureds
thereunder. OWNER and CONTRAClDR waive all rights
against each other and their respective officers, directors,
employees and agents for all losses and damages caused by,
arising out of or resulting from any of the perils covered by
such policies and any other property insurance applicable to
the Work; and, in addition, waive all such rights against
Subcontractors, ENGINEER, ENGINEER's Consultants
and all other persons or entities identified in the Supplemen-
tary Conditions to be listed as insureds or additional insureds
under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of insurance
held by OWNER as trustee or otherwise payable under any
policy so issued.
5,11.2. In addition, OWN ER waives all rights against
CONTRACIDR, Subcontractors, ENGINEER, ENGI-
NEER's Consultants and the officers, directors, employees
and agents of any of them, for:
5.11.2.1. loss due to business interruption, loss of use
or other consequential loss extending beyond direct phys-
icalloss or damage to OWNER's property or the Work
caused by, arising out of or resulting from fire or other
peril, whether or not insured by OWNER; and
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5.11.2.2. loss or damage to the completed Project or
part thereof caused by. arising out of or resulting from fire
or other insured peril covered by any property insurance
maintained on the completed Project or part thereof by
OWN ER during partial utilization pursuant to paragraph
14.10, after substantial completion pursuant to paragraph
14.8 or after final payment pursuant to paragraph 14.13_
Any insur.lOce policy maintained by OWNER covering any
loss. damage or consequential loss referred to in this paragraph
5.11.2 shall contain provisions to the effect that in the event of
payment of any such loss, damage or consequential loss the
insurers will have no rights of recovery against any of CON-
TRACIDR, Subcontractors, ENGINEER, ENGINEER'sCon.
sultants and the officers. directors. employees and agents of
any of them.
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Receipt and Application of Insurance Proceeds
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as fiduciary for the
insureds, as their interests may appear, subject to the require-
ments of any applicable mortgage clause and of paragraph 5.13.
OWNER shall deposit in a separate account any money so
received, and shall distribute it in accordance with such agree-
ment as the parties in interest may reach. If no other speciaJ
agreement is reached the damaged Work shall be repaired or
replaced, the moneys so received applied on account thereof
and the Work and the cost thereof covered by an appropriate
Change Order or Written Amendment.
5.13. OWNER as fiduciary shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If such
objection be made, OWNER as fiduciary shall make settlement
with the insurers in accordance with such agreement as the
parties in interest may reach. If no such agreement among the
parties in interest is reached, OWN ER as fiduciary shall adjust
and settle the loss with the insurers and, if required in writing
by any party in interest, OWNER as fiduciary shall give bond
for the proper performance of such duties.
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Accepla.tKe of Bonds and Insurancej Optum to Replace:
5.14. If either party (OWNER or CONTRACIDR) has any
objection to the coverage afforded by or other provisions of the
Bonds or insurance required to be purchased and maintained
by the other party in accordance with Article 5 on the basis of
non-conformance with the Contract Documents, the objecting
party shall so notify the other party in writing within ten days
after receipt of the certificates (or other evidence requested)
required by paragraph 2.7. OWNER and CONTRACIDR shall
each provide to the other such additional information in respect
of insurance provided as the other may reasonably request. If
either party does not purchase or maintain all of the Bonds and
insurance required of such party by the Contract Documents,
such party shall notify the other party in writing of such failure
to purchase prior to the start of the Work, or of such failure to
maintain prior to any change in the required coverage. Without
prejudice to any other right or remedy. the other party may
elect to obtain equivalent Bonds or insurance to protect such
other party's interests at the expense of the party who was
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required to provide such coverage. and a Change Order shall
be issued to adjust the Contract Price accordingly.
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Partial UtilivJtion-Property Insurance:
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5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Completion
of all the Work, such use or occupancy may be accomplished in
accordance with paragraph 14.10; provided that no such use or
occupancy shall commence before the insurers providing the
property insurance have acknowledged notice thereof and in
writing effected any changes in coverage necessitated thereby.
The insurers providing the property insurance shall consent by
endorsement on the policy or policies. but the property insur-
ance shall not be cancelled or permitted to lapse on account of
any such partial use or occupancy.
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ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
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Supervision and Superintendence:
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6.1. CONTRACTDR shall supervise, inspect and direct the
Work competently and efficiently. devoting such attention
thereto and applying such skills and expertise as may be
necessary to perform the Work in accordance with the Con-
tract Documents. CONTRACTOR shall be solely responsible
for the means, methods. techniques. sequences and procedures
of construction, but CONTRACTOR shall nol be responsible
for the negligence of others in the design or specification of a
specific means, method. technique. sequence or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents. CONTRACTOR shall be
responsible to see that the completed Work complies accu-
rately with the Contract Documents.
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6.2. CONTRAClDR shall keep on the Work at all times
during its progress a competent resident superintendent. who
shall not be replaced without written notice to OWN ER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACfOR's representative at the
site and shall have authority to act on behalf of CONTRAC-
TOR. All communications to the superintendent shall be as
binding as if given to CONTRACTOR.
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Labor, MaJerials and Equipment:
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6.3. CONTRACTOR shall provide competent, suitably qual-
ified personnel to survey, layout and construct the Work as
required by the Contract Documents. CONTRACTOR shall at
all times maintain good discipline and order at the site. Except
as otherwise required for the safety or protection of persons or
the Work or property at the site or adjacent thereto. and except
as otherwise indicated in the Contract Documents, all Work at
the site shall be performed during regular working hours and
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CONTRACIOR will not permIt overtime work or the perfor-
mance of Work on Saturday, Sunday or any legal holiday
without OWNER's written consent given after prior written
notIce to ENGINEER
6.4. Unless otherwise specified in the General Require-
ments, CONTRACIDR shall furnish and assume full respon-
sibility for all materials, equipment. labor. transponation. con-
struction equipment and machinery. tools, appliances, fuel.
power. light. heat, telephone. water, sanitary facilities. tempo-
rary facilities and all other facilities and incidentals necessary
for the furnishing. performance. testing, start-up and comple-
tion of the Work.
6.5. All materials and equipment shall be of good quality
and new. except as otherwise provided in the Contract Docu-
ments. All warranties and guarantees specifically called for by
the Specifications shall expressly run to the benefit of OWNER
If required by ENGINEER, CONTRACTOR shall furnish
satisfactory evidence (including reports of required tests) as to
the kind and quality of materials and equipment. All materials
and equipment shall be applied. installed, connected. erected,
used, cleaned and conditioned in accordance with instructions
of the applicable Supplier. except as otherwise provided in the
Contract Documents.
Progress Schedule.-
6.6. CONTRAClDR shall adhere to the progress schedule
established in accordance with paragraph 2.9 as it may be
adjusted from time to time as provided below:
6.6.1. CONTRAClDR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) pro-
posed adjustments in the progress schedule that will not
change the Contract Times (or Milestones). Such adjust-
ments will conform generally to the progress schedule then
in effect and additionally will comply with any provisions of
the General Requirements applicable thereto.
6.6.2. Proposed adjustments in the progress schedule
that will change the Contract Times (or Milestones) shall be
submitted in accordance with the requirements of paragraph
12.1. Such adjustments may only be made by a Change
Order or Written Amendment in accordance with Article 12.
6,7, Subflimres and "Or-Equal" Items:
6.7.1. Whenever an item of material or equipment IS
specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular
Supplier, the specification or description is intended to
establish the type. function and quality required. Unless the
specification or description contains or is followed by words
reading that no like, equivalent or "or-equal" item or no
substitution is permitted, other items of material or equip-
ment or material or equipment of other Suppliers may be
accepted by ENGINEER underthe following circumstances:
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6.7.1.1. "Or-Equal": Ifin ENGINEER's sole discre-
tion an item of material or equipment proposed by CON-
TRACTOR is functionally equal to that named and suffi-
ciently similar so that no change in related Work will be
required, it may be considered by ENGINEER as an
"or-equal" item, in which case review and approval of the
proposed item may, in ENGINEER's sole discretion, be
accomplished without compliance with some or all of the
requirements for acceptance of proposed substitute items.
6.7.1.2. Suhstitute Items: If in ENGINEER's sole
discretion an item of material or equipment proposed by
CONTRACTOR does not qualify as an "or-equal" item
under subparagraph 6.7.1.1. it will be considered a pro-
posed substitute item. CONTRACfOR shall submit suffi.
cient information as provided below to allow ENGINEER
to determine that the item of material or equipment
proposed is essentially equivalent to that named and an
acceptable substitute therefor. The procedure for review
by the ENGINEER will include the following as supple-
mented in the General Requirements and as ENGINEER
may decide is appropriate under the circumstances. Re-
quests for review of proposed substitute items of material
or equipment will not be accepted by ENGINEER from
anyone other than CONTRACfOR. If CONTRACfOR
wishes to furnish or use a substitute item of material or
equipment. CONTRACTOR shall first make wrinen appli-
cation to ENGINEER for acceptance thereof, certifying
that the proposed substitute will perform adequately the
functions and achieve the results called for by the general
design, be similar in substance to that specified and be
suited to the same use as that specified. The application
will state the extent, if any, to which the evaluation and
acceptance of the proposed substitute will prejudice CON-
TRAcroR's achievement of Substantial Completion on
time. whether or not acceptance of the substitute for use in
the Work will require a change in any of the Contract
Documents (or in the provisions of any other direct
contract with OWN ER for work on the Project) to adapt
the design to the proposed substitute and whether or not
incorporation or use of the substitute in connection with
the Work is subject to payment of any license fee or
royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance. repair and replacement service will be indi-
cated. The application will also contain an itemized esti.
mate of all costs or credits that will result directly or
indirectly from acceptance of such substitute, including
costs of redesign and claims of other contractors affected
by the resulting change, all of which will be considered by
ENGINEER in evaluating the proposed substitute. EN-
GINEER may require CONTRACfOR to furnish addi-
tional data about the proposed substitute.
6.7.1.3. CONTRAC7DR's Expense: All data to be
provided by CONTRACfOR in support of any proposed
"or-equal" or substitute item will be at CONTRACfOR's
expense.
6.7.2. Substilllft> Construction Methods or Procedures: If a
specific means. method, technique, sequence or procedure of
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con<:1Kti{lIl is shown or indicated in and expressly required by
the l{1nll...H.:t Documents. CONTRAClDR may furnish or
utili;:.;' .\ "uhstitute means. method. technique. \equcnce or
pfi,->.:Nurc lIt" construction acceptahle to ENGINEER. CON-
TR.-\.llt.)t{ shall suhmlt sufficient information to allow ENGI.
:'-JEfR. III ENGINEER's sole discretion. to determine that the
sub~J(u{c' proposed is equivalent to (hat expressly called for by
the C{1nlf<Kt Documents. The procedure for review by ENGI-
NEER will he similar to that provided in subparagraph 6.7.1.2.
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6-~. Engineer's Evaluation: ENGINEER will be allowed
a re.:..........:\Oal:1k time within which to evaluate each proposal or
subfTLlctal made pursuant to paragraphs 6.7.1.2 and 6.7.2,
EN(I~EER will be the sole judge of acceptability. No "or-
eq~" lW substitute will be ordered, installed or utilized
with...'O{ ENGINEER's prior written acceptance which will be
eVld~~i\:ed by either a Change Order or an approved Shop
Ora...'ng.. t)WNER may require CONTRACTOR to furnish at
CO' IRA.l ~roR's expense a special performance guarantee or
o{hc:~ .;.Uft'tv with respect to any "or-equal" or substitute.
ENCI'iHR will record time reqUired by ENGINEER and
ENC,['lEFR's Consultants in evaluating substitutes proposed
or SU:-1Tllttt-J by CONTRACTOR pursuant to paragraphs 6.7.1.2
and ,:". - ~ ;,nd In making changes in the Contract Documents (or
In ttK C'fl..\\l:'lons of any other direct contract wuh OWNER for
wort. {1n {he Project) occasioned thereby. Whether or not
ENCi'EFR accepts a substitute item so proposed or submit-
ted " CclNTRACfOR, CONTRACTOR shall reimburse
OI"'ER f,'r the charges of ENGINEER and ENGINEER's
Con"'-liun{.;. for evaluating each sllch proposed substitute item.
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Con..-~ Subcontractors, Suppliers and Others:
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tr6..:~{>r. ~upplier or other person or organization (including
th,,,", ..-_optable to OWNER and ENGINEER as indicated
In ~dr.;p-.ph 6.8.2), whether initially or as a substitute,
~~st \~hom OWNER or ENGINEER may have reason-
af'l<: ,-1~X'\.:tion. CONTRACTOR shall not be required to
eCD\.'~ jny Subcontractor, Supplier or other person or
orpruLWOn to furnish or perform any of the Work against
.....~-m C\.)NTRACTDR has reasonable objection.
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:-. ~... If the Supplementary Conditions require the iden-
ti~. '-">{- ...""t'f'tain Subcontractors, Suppliers or other persons or
('l,-:-;mz.i:Jons (including those who are to furnish the princi.
p2 .:~r::"" of materials or equipment) to be submitted to
(r... "'ER 10 advance of the specified date prior to the
E,:"'"<:"'...-!J\.~ Date of the Agreement for acceptance by OWNER
arc E',OINEER, and if CONTRACTOR has submitted a
b< :'''k'";--.;'\.'f in accordance with the Supplementary Condi.
tl.""I---:;. l.'\\"NER's or ENGINEER's acceptance (either in
.....-Gtf ~V by failing to make written objection thereto by the
dL{~ In..i'o.:ated for acceptance or objection in the bidding
d,,-~..:..,~~S or the Contract Documents) of any such Subcon-
trh.. "",:{"f. ~pplier or other person or organization so identified
rro!, ~ ~voked on the basis of reasonable objection after
d~ 'n\.~[igation, in which case CONTRACTOR shall sub.
mC in ;.:ceptable substitute, the Contract Price will be
aLL.~e-..: by the difference in the cost occasioned by such
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substitution and an appropriate Change Order will be issued
or Written Amendment signed. No acceptance by OWNER
or ENGINEER of any such Subcontractor, Supplierorothcr
person or organization shall constitute a waiver of any right
of OWNER or ENGINEER to reject defective Work,
6.9.1. CONTRACTOR shall be fully responsible to
OWNER and ENGINEER for all acts and omissions of the
Subcontractors, Suppliers and other persons and organiza-
tions performing or furnishing any of the Work undera direct
or indirect contract with CONTRACTOR just as CON-
TRACTOR is responsible for CONTRACTOR's own acts
and omissions. Nothing in the Contract Documents shall
create for the benefit of any such Subcontractor, Supplier or
other person or organization any contractual relationship
between OWNER or ENGINEER and any such Subcon-
tractor, Supplier or other person or organization, nor shall it
create any obligation on the part of OWNER or ENGI-
NEER to payor to see to the payment of any moneys due
any such Subcontractor, Supplier or other person or organi-
zation except as may otherwise be required by Laws and
Regulations.
6.9.2. CONTRACTOR shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers and other persons and organizations performing or
furnishing any of the Work under a direct or indirect contract
with CONTRACTOR. CONTRACTOR shall require all Sub-
contractors, Suppliers and such other persons and organiza-
tions performing or furnishing any of the Work to communi-
cate with the ENGINEER through CONTRACTOR.
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6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
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6.11. All Work performed for CONTRACTOR by a Sub-
contractor or Supplier will be pursuant to an appropriate
agreement between CONTRACTOR and the Subcontractor or
Supplier which specifically binds the Subcontractor or Supplier
to the applicable terms and conditions of the Contract Docu-
ments for the benefit of OWNER and ENGINEER. Whenever
any such agreement is with a Subcontractor or Supplier who is
listed as an additional insured on the property insurance
provided in paragraph 5.6 or 5.7, the agreement between the
CONTRACTOR and the Subcontractor or Supplier will con-
tain provisions whereby the Subcontractor or Supplier waives
all rights against OWNER, CONTRACTOR, ENGINEER,
ENGINEER's Consultants and all other additional insureds for
all losses and damages caused by, arising out of or resulting
from any of the perils covered by such policies and any other
property insurance applicable to the Work. If the insurers on
any such policies require separate waiver forms to be signed by
any Subcontractor or Supplier. CONTRACTOR will obtain the
same.
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PaJenl Fees and Royalties:
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6.12. CONTRACIDR shall pay all tieense fees and royal-
ties and assume all costs incident to the use in the performance
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of the Work or the incorporation in the Work of any invention,
design, process, product or device which is the subject of
patent rights or copyrights held by others. If a particular
invention, design, process, product or device is specified in the
Contract Documents for use in the performance of the Work
and if to the actual knowledge of OWNER or ENGINEER its
use is subject to patent rights or copyrights calling for the
payment of any license fee or royalty to others, the existence of
such rights shall be disclosed by OWNER in the Contract
Documents. To the fullest extent permitted by Laws, and
Regulations, CONTRACTOR shall indemnify and hold harm-
less OWNER, ENGINEER, ENGINEER's Consultants ,and
the officers, directors, employees. agents and other consultants
of each and any of them from and against all claims, costs,
losses and damages arising out of or resulting from any
infringement of patent rights or copyrights incident to the use in
the performance of the Work or resulting from the incorpora-
tion in the Work of any invention, design, process, product or
device not specified in the Contract Documents.
Pennils:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR, when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution ofthe Work,
which are applicable at the time of opening of Bids, or, if there
are no Bids, on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for connec-
tions to the Work, and OWNER shall pay all charges of such
utility owners for capital costs related thereto such as plant
investment fees.
Laws and Regulations:
6. I 4. J. CONTRACTOR shall give all notices and comply
with all Laws and Regulations applicable to furnishing and
performance of the Work. Except where otherwise expressly
required by applicable Laws and Regulations, neitherOWNER
nor ENGINEER shall be responsible for monitoring CON-
TRACIDR's compliance with any Laws or Regulations.
6.14.2. If CONTRACTOR performs any Work knowing
or having reason to know that it is contrary to Laws or
Regulations, CONTRACTOR shall bear all claims, cos1s,
losses and damages caused by, arising out of or resulting
lherefrom; however, it shall not be CONTRACTOR's pri~
mary responsibility Lo make certain that the Specifications
and Drawings are in accordance with Laws and Regulations,
but this shall not relieve CONTRACTOR of CONTRAC-
TOR's obligations under paragraph 3.3.2.
Taxes:
6.15. CONTRACfOR shOll! P:1Y all SOlie:,>, consumer, use
and other similar taxes required to be paid by CONTRACfOR
in accordance with the Laws and Regulations of the place of
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the Project which are applicable during the performance or the
Work.
Use of Premises:
6.16. CONTRACIDR shall confine construction equip-
ment, the storage of materials and equipment and the opera.
tions of workers to the site and land and areas identified in and
permitted by the Contract Documents and other land and areas
permitted by Laws and Regulations, rights-of-way, permits and
easements, and shall not unreasonably encumber the premises
with construction equipment or other materials or equipment.
CONTRACIDR shall assume full responsibility for any dam-
age to any such land or area, or to the owner or occupant
thereof or of any adjacent land or areas, resulting from the
performance of the Work. Should any claim be made by any
such owner or occupant because of the performance of the
Work, CONTRACIDR shall promptly settle with such other
party by negotiation or otherwise resolve the claim by arbitra.
tion or other dispute resolution proceeding or at law. CON-
TRACIDR shall, to the fullest extent permitted by Laws and
Regulations, indemnify and hold harmlcss OWNER, ENGI-
NEER, ENGlNEER's Consultant and anyone directly or
indirectly employed by any of them from and against all claims.
costs, losses and damages arising out of or resulting from any
claim or action. legal or equitable, brought by any such owner
or.occupant against OWNER, ENGINEER or any other party
indemnified hereunder to the extent caused by or based upon
CONTRACIDR's pcrformance of the Work.
6.17. During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work. At
the completion of the Work CONTRACTOR shall remove <<II
waste materials, rubbish and debris from and about the prc.
mises as well as all tools, appliances. construction equipment
and machinery and surplus materials. CONTRACIDR shall
leave the site clean and ready for occupancy by OWNER at
Substantial Completion of the Work. CONTRACIDR shall
restore to original condition all property not designated for
alteration by the Contract Documents.
6.18. CONTRACIDR shall not load nor permit any part of
any structure to be loaded in any manner that will endanger the
structure, nor shall CONTRACTOR subject any part of the
Work or adjacent property to stresscs or prcssures that will
endanger it.
Record DocumenJs:
6.19. CONTRACTDR shall maintain in a sare place at the
site one record copy of all Drawings. Specifications. Addenda,
Written Amendments, Change Orders. Work Change Direc-
tives, Field Orders and written interpretations and c1arifica.
tions (issued pursuant to paragraph 9.4) in good order and
annotated to show all changes made during construction.
These record documents together with all approved Samples
and a counterpart of all approved Shop Drawings will be
available to ENGINEER for reference. Upon completion of
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the Work, these record documents. Samples and Shop Draw.
iogs will be delivered to ENGINEER for OWNER.
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Safety and Protection:
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6.20. CONTRACIDR shall be responsible for initiating,
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACIDR shall take
all necessary precautions for the safety of, and shall provide
the necessary protection to prevent damage, injury or loss to:
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6.20.1. all persons on the Work site or who may be
affected by the Work;
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6.20.2. all the Work and materials and equipment to be
incorporated therein, whether in storage on or off the site;
and
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6.20.3. other property at the site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements, roadways,
structures, utilities and Underground Facilities not desig-
nated for removal. relocation or replacement in the course of
construction.
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CONTRACIDR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for safety of
persons or property or to protect them from damage, injury or
loss; and shall erect and maintain all necessary safeguards for
such safety and protection. CONTRACmR shall notify own-
ers of adjacent property and of Underground Facilities and
utility owners when prosecution of the Work may affect them,
and shall cooperate with them in the protection, removal.
relocation and replacement of their property. All damage,
injury or loss to any property rererred to in paragraph 6.20.2 or
6.20.3 caused, directly or indirectly, in whole or in part, by
CONTRACIDR, any Subcontractor, Supplier or any other
person or organization directly or indirectly employed by any
or them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, shall be remedied by
CONTRAcrOR (except damage or loss attributable to the
fault or Drawings or Specifications or to the acts or omissions
of OWNER or ENGINEER or ENGINEER's Consultant or
anyone employed by any of them or anyone for whose acts any
of them may be liable, and not attributable, directly or indi-
rectly, in whole or in part, to the fault or negligence of
CONTRACTOR or any Subcontractor, Supplier or other per.
son or organization directly or indirectly employed by any of
them). CONTRACIDR's duties and responsibilities for safety
and for protection of the Work shall continue until such time as
all the Work is completed and ENGINEER has issued a notice
to OWNER and CONTRACIDR in accordance with para-
graph 14.13 that the Work is acceptable (except as otherwise
expressly provided in connection with Substantial Comple~
tion).
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Safety Representative:
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6.21. CONTRACIDR shall designate a qualified and expe-
rienced safety representative at the site whose duties and
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responsibilities shall be the prevention of accidents and the
maintaining and supervising of safety precautions and pro-
grams.
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Hauud ComJ1lUlliaJlion programs:
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6.22. CONTRAcroR shall be responsible for coordinating
any exchange of material safety data sheets or other hazard
communication information required to be made available to or
exchanged between or among employers at the sile in accor.
dance with Laws or Regulations.
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Emergencies:
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6.23. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent
thereto, CONTRACIOR. without special instruction or au-
thorization from OWNER or ENGINEER, is obligated to
act to prevent threatened damage, injury or loss. CON-
TRAcroR shall give ENGINEER prompt written notice if
CONTRACIOR believes that any significant changes in the
Work or variations from the Contract Documents have been
caused thereby. If ENGINEER determines that a change in
the Contract Documents is required because of the action
taken by CONTRACfOR in response to such an emergency,
a Work. Change Directive or Change Order will be issued to
document the consequences of such action.
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6.24. Slwp Drawings and Samples:
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6.24.1. CONTRAcroR shall submit Shop Drawings to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawings and Sample submittals
(see paragraph 2.9). All submittals will be identified as
ENGINEER may require and in the number of copies
specified in the General Requirements. The data shown on
the Shop Drawings will be complete with respect to quanti-
ties, dimensions, specified performance and design criteria.
materials and similar data to show ENGINEER the materi-
als and equipment CONTRAcroR proposes to provide and
to enable ENGINEER to review the information for the
limited purposes required by paragraph 6.26.
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6.24.2. CONTRAcroR shall also submit Samples to
ENGINEER for review and approval in accordance with
said accepted schedule of Shop Drawings and Sample sub-
mittals. Each Sample will be identified clearly as to material,
Supplier, pertinent data such as catalog numbers and the use
for which intended and otherwise as ENGINEER may
require to enable ENGINEER to review the submittal for
the limited purposes required by paragraph 6.26. The num-
bers of each Sample to be submitted will be as specified in
the Specifications.
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6.25. Submiltal Procedures:
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6.25.1. Before submitting each Shop Drawing or Sam-
ple, CONTRAcroR shall have determined and verified:
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6.25.1.1. all field measurements, quantities. dimen-
sions. specified performance criteria, installation require-
ments, materials, catalog numbers and similar information
with respect thereto,
6.25.1.2. all materials with respect to intended use,
fabrication, shipping. handling, storage. assembly and
installation pertaining to the performance of the Work, and
6.25.1.2. all information relative to CONTRAcroR's
sole responsibilities in respect of means, methods, tech-
niques, sequences and procedures of construction and
safety precautions and progrnms incident thereto.
CONTRACfOR shall also have reviewed and coordinated
each Shop Drawing or Sample with other Shop Drawings
and Samples and with the requirements of the Work and the
Contract Documents.
6.25.2. Each submittal will bear a stamp or specific
written indication that CONTRAcroR has satisfied CON-
TRACfOR's obligations under the Contact Documents with
respect to CONTRAcroR.S review and approval of that
submittal.
6.25.3. At the time of each submission, CONTRAcroR
shall give ENGINEER specific written notice of such vari-
ations, if any, that the Shop Drawing or Sample submitted
may have from the requirements of the Contract Documents,
such notice to be in a written communication separate from
the submittal~ and, in addition. shall cause a specific notation
to be made on each Shop Drawing and Sample submitted to
ENGINEER for review and approval of each such variation.
6.26. ENGINEER will review and approve Shop Drawings
and Samples in accordance with the schedule of Shop Draw-
ings and Sample submittals accepted by ENGINEER as re-
quired by paragraph 2.9. ENGINEER's review and approval
will be only to determine if the items covered by the submittals
will, after installation or incorporation in the Work. conform to
the information given in the Contract Documents and be
compatible with the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER's review and approval will not extend to means,
methods, techniques, sequences or procedures of construction
(except where a particular means. method, technique. se-
quence or procedure of construction is specifically and ex.
pressly called for by the Contract Documents) or to safety
precautions or programs incident thereto. The review and
approval of a separate item as such will not indicate approval of
the assembly in which the item functions. CONTRACIOR
shall make corrections required by ENGINEER, and shall
return the required number of corrected copies of Shop Draw-
ings and submit as required new Samples for review and
approval. CONTRAcroR shall direct specific attention in
writing to revisions other than the corrections called for by
ENGINEER on previous submittals.
6.27. ENGINEER"s review and approval of Shop Draw-
ings or Samples shall not relieve CONTRAcroR from respon-
sibility for any variation from the requirements of the Contract
27
Documents unless CONTRAcroR has in writing caJled EN-
GINEER's attention to each such variation at the time of
submission as required by paragraph 6.25.3 and ENGINEER
has given wriuen approval of each such variation by specific
written notation thereof incorporated in or accompanying the
Shop Drawing or Sample approval; nor will any approval by
ENGINEER relieve CONTRAClOR from responsibility for
complying with the requirements of paragraph 6.25.1.
6.28. Where a Shop Drawing or Sample is required by the
Contract Documents or the schedule of Shop Drawings and
Sample submissions accepted by ENGINEER as required by
paragraph 2.9, any related Work perfonned prior to ENGI-
NEER's review and approval of the pertinent submittal will be
at the sole expense and responsibility of CONTRACTOR.
Colllinuing the Work:
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, except as
pennitted by paragraph 15.5 or as OWNER and CONTRAC-
TOR may otherwise agree in writing.
6.30. CONTRAC1VR's General WOITlIIIly and GuoranJee:
6.30.1. CONTRACTOR warrants and guarantees to
OWNER, ENGINEER and ENGINEER's Consultants that
all Work will be in accordance with the Contract Documents
and will not be defective. CONTRACTOR's warranty and
guarantee hereunder excludes defects or damage caused by:
6.30,1.1. abuse, modification or improper maintenance
or operation by persons other than CONTRACTOR. Sub-
contractors or Suppliers; or
6.30.1.2. normal wear and tear under normal usage.
6.30.2. CONTRACTOR's obligation to perfonn and com-
plete the Work. in accordance with the Contract Documents
shall be absolute. None of the following will constitute an
acceptance of Work that is not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work. in accordance with the Contract
Documents:
6.30.2.1. observations by ENGINEER;
6.30.2.3. recommendation of any progress or final
payment by ENGINEER;
6.30.2.3. the issuance of a certificate of Substantial
Completion or any payment by OWNER to CONTRAC-
TOR under the Contract Documents;
6.30.2.4. use or occupancy of the Work or any part
thereof by OWNER;
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6.30_2.5. any acceptance by OWNER or any failure to
do so;
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6.30.2.6 any review and approval of a Shop Drawing
or Sample submiual or the Issuance of a notice of accept-
ability by ENGIN EER pursuant to paragraph 14. \3;
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6.30.2.7. any inspection. test or approval by others; or
6.30.2.8. any correction of defective Work by OWNER.
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I ntkmnifU:ation:
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6.31. To the fullest extent permitted by Laws and Regula-
tions. CONTRACTOR shall indemnify and hold hannless
OWNER. ENGINEER. ENGINEER's Consultants and the
officers, directors, employees, agents and other consultants of
each and any of them from and against all claims, costs, losses
and damages (including but not limited to all fees and charges
of engineers, architects, attorneys and other professionals and
all court or arbitration or other dispute resolution costs) caused
by, arising out of or resulting from the performance of the
Work, provided that any such claim, cost, loss or damage: (i) is
attributable to b<xlily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than the
Work itself), including the loss of use resulting therefrom, and
(ii) is caused in whole or in part by any negligent act or
omission ofCONTRAcroR, any Subcontractor, any Supplier,
any person or organization directly or indirectly employed by
any of them to perfonn or furnish any of the Work or anyone
for whose acts any of them may be liable, regardless of whether
or not caused in part by any negligence or omission of a person
or entity indemnified hereunder or whether liability is imposed
upon such indemnified party by Laws and Regulations regard-
less of the negligence of any such person or entity.
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6.32. In any and all claims against OWNER or ENGI-
NEER or any of their respective consultants, agents, officers,
directors or employees by any employee (or the survivor or
personal representative of such employee) of CONTRACTOR ,
any Subcontractor, any Supplier. any person or organization
directly or indirectly employed by any of them to perform or
furnish any of the Work, or anyone for whose acts any of them
may be liable. the indemnification obligation under paragraph
6.31 shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable
by or for CONTRACTOR or any such Subcontractor, Supplier
or other person or organization under workers' compensation
acts. disability benefit acts or other employee benefit acts.
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6.33. The indemnification obligations of CONTRACTOR
under paragraph 6.3\ shall not extend to the liability of ENGI-
NEER and ENGlNEER's Consultants, officers, directors,
employees or agents caused by the professional negligence,
errors or omissions of any of them.
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Survival of Obligations:
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6.34. All representations. indemnifications. warranties and
guarantees made in, required by or given in accordance with
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the Contract Documents. as well as all continuing obligations
indicated in the Contract Documents. will survive final pay-
ment, completion and acceptance of the Work and termination
or completion of the Agreement.
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ARTICLE 7-aTHER WORK
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Reloud Work 01 SiJe:
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7.1. OWNER may perform other work related to the
Project at the site by OWNER'"s own forces, or let other
direct contracts therefor which shall contain General Condi-
tions similar to these. or have other work performed by
utility owners. If the fact that such other work is to be
performed was not noted in the Contract Documents. then:
(i) written notice thereof will be given to CONTRACfOR
prior to starting any such other work, and (ii) CONTRAC-
TOR may make a claim therefor as provided in Articles 11
and 12 if CONTRACTOR believes that such performance
will involve additional expense to CONTRACTOR or re-
quires additional time and the parties are unable to agree as
to the amount or extent thereof.
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7,2. CONTRACTOR shall afford each other contractor
who is a party to such a direct contract and each utility
owner (and OWNER, if OWNER is performing the addi-
tional work with OWNER's employees) proper and safe
access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and the
execution of such other work and shall properly connect and
coordinate the Work with theirs, Unless otherwise provided
in the Contract Documents, CONTRACfOR shall do all
cutting, fitting and patching of the Work that may be required
to make its several parts come together properly and inte-
grate with such other work. CONTRACTOR shall not en-
danger any work of others by cutting, excavating or other-
wise altering their work and will only cut or alter their work
with the written consent of ENGINEER and the others
whose work. will be affected. The duties and responsibilities
ofCONTRACfOR under this paragraph are for the benefit of
such utility owners and other contractors to the extent that
there are comparable provisions for the benefit of CON-
TRACfOR in said direct contracts between OWN ER and
such utility owners and other contractors.
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7.3. If the proper execution or results of any part of
CONTRACTOR's Work depends upon work performed by
others under this Article 7, CONTRACfOR shall inspect such
other work and promptly report to ENGINEER in writing any
delays, defects or deficiencies in such other work that render it
unavailable or unsuitable for the proper execution and results
of CONTRACfOR's Work. CONTRACTOR's failure so to
report will constitute an acceptance of such other work. as fit
and proper for integration with CONTRACTOR's Work except
for latent or nonapparent defects and deficiencies in such other
work.
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CoordinalWn:
7.4. If OWNER contracts with others for the performance
of other work on the Project at the site, the following will be set
forth in Supplementary Conditions:
7.4.1. the person, finn or corporation who will have
authority and responsibility for coordination of the activities
among the various prime contractors will be identified;
7.4.2. the specific matters to be covered by such author-
ity and responsibility will be itemized; and
7.4.3. the extent of such authority and responsibilities
will be provided.
Unless otherwise provided in the Supplementary Condi-
tions, OWNER shall have sole authority and responsibility in
respect of such coordination.
ARTICLE 8-0WNER'S RESPONSIBILITIES
8.1. Except as otherwise provided in these General Condi-
tions, OWNER shall issue all communications to CONTRAC-
TOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACfOR makes no reasonable objection. whose status
under the Contract Documents shall be that of the former
ENGINEER.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly when they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish ref-
erence points are set forth in paragraphs 4.1 and 4.4, Paragraph
4,2 refers to OWNER's identifying and making available to
CONTRACTOR copies of reports of explorations and tests of
subsurface conditions at the site and drawings of physical
con~itions in existing structures at or contiguous to the site that
have been utilized by ENGINEER in preparing the Contract
Documents.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth in
paragraphs 5.5 through 5.10.
8,6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain inspec-
tions, tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACIOR under certain circumstances_
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~9. l~' OWNER shall not supervise, direct or have
coolroll'r :wthority over, nor be responsIble for, CONTRAC-
TOR's m('~m:-;. methods, techniques. sequences or procedures
of consln""'U(lO or the safety precautions and programs incident
rherew. l'r fl'r any failure of CONTRAClDR to comply with
l..1s.....s ;10..1 t{egulations applicable 10 the furnishing or perfor-
f'Tll11lC.e l\f' the Work. OWNER will not be responsible for
CO~'TR.\cn)R's failure to perform or furnish the Work in
accord;.lO"'.... wilh the Contract Documents.
8.10. l )\VNER 'S responsibility in respect of undisclosed
A'>besw:,. r\.'8s, Petroleum. Hazardous Waste or Radioactive
Materials un~overed or revealed at the site is set forth in
p<tr~1ph J__'
8.11. If :lnd to the extent OWNER has agreed 10 furnish
CO~'TR-,,,,"-rOR reasonable evidence that financial arrange-
ments t\.:\\(' ~cn made to satisfy OWNER's obligations under
[he Cl)ntr~.:l Documents. OWNER's responsibility in respect
then_~~._'" ",II he as set forth in the Supplementary Conditions.
ARTlCl F <>-ENGINEER'S STATUS DURING
CONSTRUCTION
OK-:\U'"sl.cpresentative:
9.1. E:-;GINEER will be OWNER's representative during
the ~-(ilJn period. The duties and responsibilities and the
Imutal>."" ,'I authority of ENGINEER as OWNER's repre-
sentative' Juring construction are set forth in the Contrdct
~ ;ind shall not be extended without written consent
ofO",,-ER .nd ENGINEER.
VUitr.. S>>t:
9.~. F'GINEER will make visits to the site at intervals
~ to the various stages of construction as ENGI-
NEER ~ necessary in order to observe as an experienced
and ~ design professional the progress that has been
made ."J tile quality of the various aspects of CONTRAC-
mR'5- ~,~.:'Uted Work_ Based on information obtained during
such \~ .mJ observations, ENGINEER will endeavor for
the bend'i ...~'OWNER to determine, in general, if the Work is
~ in accordance with the Contract Documents. EN-
GfNEFR ....111 not be required to make exhaustive or continu-
ous on-~ IOspections to check the quality or quantity of the
Work. E~'-.,INEER's efforts will be directed toward providing
for OW\ FR a greater degree of confidence that the completed
Work ....11 ..."\lOform generaJly to the Contract Documents. On
the ba..~ ,,( such visits and on-site observations, ENGINEER
will k= ,W.'NER informed of the progress of the Work and
will ~.1\\lr to guard OWNER against defective Work. EN-
GINEER'~ visits and on-site observations are subject to all the
lirrtitark.'O$ \.\(1 ENGINEER's authority and responsibility set
forth In ~rnph 9.13, and particularly, but without limitation,
duri~ ,Y" .is a result of ENGINEER's on-site visits or
observatIOns ofCONTRACIUR's Work ENGINEER will not
supervise. direct, control or have authority over or be respon-
sible for CONTRAClDR's means. methods, techniques, se-
quences or procedures of construction, or the safety precau-
tions and programs Incident thereto. or for any failure of
CONTRACTOR 10 comply with Laws and Regulations appli-
cable to the furnishing or performance of the Work.
Project Representative:
9.3. If OWNER and ENGINEER agree. ENGINEER will
furnish a Resident Project Representative to assist ENGI-
N EER in providing more continuous observation of the Work.
The responsibilities and authority and limitations thereon of
any such Resident Project Representative and assistants will be
as provided in paragraph 9.13 and in the Supplementary
Conditions. If OWNER designates another representative or
agent to represent OWNER at the site who is not ENGI-
NEER's Consultant. agent or employee, the responsibilities
and authority and limitations thereon of such other person will
be as provided in the Supplementary Conditions.
Clarifications and lnterprellltions:
9.4. ENGINEER will issue with reasonable promptness
such wrilten clarifications or interpretations of the require-
ments of the Contract Documents (in the form of Drawings or
otherwise) as ENGINEER may determine necessary, which
shall be consistent with the intent of and reasonably inferable
from Contract Documents. Such written clarifications and
interpretations will be binding on OWN ER and CONTRAC-
lDR. If OWNER or CONTRAClDR believes that a written
clarification or interpretation justifies an adjustment in the
Contract Price or the Contract Times and the parties are unable
to agree to the amount or extent thereof. if any, OWNER or
CONTRACfOR may make a written claim therefor as pro-
vided in Article II or Article 12.
AuJhomed Variations in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Times and are compatible with the design concept of
the completed Project as a functioning whole as indicated by
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER and also on
CONTRAClDR who shall perform the Work involved promptly.
If OWN ER or CONTRAClDR believes that a Field Order
justifies an adjustment in the Contract Price or the Contract
Times and the parties are unable to agree as to the amount or
extent thereof, OWNER or CONTRAClDR may make a
written claim therefor as provided in Article II or 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, or
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thai ENGINEER believes will not produce a completed Project
thai conforms to the Contrdct Documents or that will prejudice
the integrity of the design concept of the completed Project as
a functioning whole as indicated by the Contract Documents.
ENGINEER will also have authority to require special inspec-
lion or testing of the Work as provided in paragraph 13.9,
whether or not the Work is fabricated. installed or completed
Shop Drawings, Clu:znge Orders and Payments:
9.7. In connection with ENGINEER's authority as [0
Shop Drawings and Samples, see paragraphs 6.24 through 6.2X
inclusive.
9.8. In connection with ENGINEER's authority as to
Change Orders. see Articles 10. II. and 12.
9.9. In connection with ENGINEER's authority as to
Applications for Payment. see Article 14.
Deunninations for Unit Prices:
9.10. ENGINEER will determine the actual quantities and
classifications of Unit Price Work performed by CONTRAC
TOR. ENGINEER will review with CONTRACIDR the EN.
GINEER's preliminary determinations on such matters before
rendering a written decision thereon (by recommendation of an
Application for Payment or otherwise). ENGINEER's written
decision thereon will be final and binding upon OWN ER and
CONTRACTOR. unless, within ten days after the dafe of any
such decision, either OWNER or CONTRACTOR delivers III
the other and to ENGINEER written notice of intenllon to
appeal from ENGINEER's decision and: (i) an appeal from
ENGINEER's decision is taken within the time limits and in
accordance with the procedures set forth in Exhibit GC-A.
"Dispute Resolution AgreemenL"' entered into between
OWNER and CONTRACTOR pursuant to Article 16. or (iil if
no such Dispute Resolution Agreement has been entered into,
a formal proceeding is instituted by the appealing party in a
forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to
ENGINEER's decision, unless otherwise agreed in writing by
OWNER and CONTRACIDR. Such appeal will not be subject
to the procedures of paragraph 9.11.
Decisions on Dispules:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims. disputes and
other matters relating to the acceptability of the Work or the
inlerpretalion of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
Claims under Articles II and 12 in respect of changes in the
Contract Price or Contmct Times will be referred initially to
ENGINEER in writing with a request for a formal decision in
accordance with this paragraph. Written notice of each such
claim. dispute or other matter will be delivered by the claimant
to ENGINEER and the other party to the Agreement promptly
(hut in no event later fhan thirty days) after the start of the
occurrence or event giving rise thereto, and wriuen supporting
data will be submilted III ENGINEER and the other party
within sixty days after the start of such occurrence or event
unless ENGINEER allows an additional period of time for the
submission of additional or more accurate data in support of
such claim. dispute or other matter. The opposing party shall
submit any response to ENGINEER and the claimant within
thirty days after receipt of the claimant's lasl submittal (unless
ENGINEER allows additional lime). ENGINEER will render
a formal decision in writing within thirty days after receipt of
the opposing party's submittal. if any. in accordance with this
paragrdph. ENGINEER's written decision on such claim.
dispute or other matter will be final and binding upon OWNER
and CONTRACTOR unless: (i) an appeal from ENGINEER's
decision is taken within the time limits and in accordance with
the procedures set forth in EXHIBIT GC-A. "Dispute Reso-
lution Agreement." entered into between OWNER and CON-
TRACIDR pursuant to Article 16. or (ii) if no such Dispute
Resolution Agreement has been entered into. a written notice
of intention to appeal from ENGINEER's written decision is
delivered by OWNER or CONTRACIDR to the other and to
ENGINEER within thirty days after the date of such decision
and a formal proceeding is instituted by the appealing party in
a forum of competent jurisdiction to exercise such rights or
remedies as the appealing party may have with respect to such
claim. dispute or other matter in accordance with applicable
Laws and Regulations within sixty days of the date of such
decision. unless otherWise agreed in writing by OWN ER and
CONTRACmR
9.12. When functioning as Interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show partiality
10 OWN ER or CONTRACTOR and will nol be liable in
connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect
to any such claim. dispute or other matter (except any which
have been waived by the making or acceptance of final
payment as provided in paragraph 14.15) will be a condition
precedenl to any exercise by OWNER or CONTRACIDR of
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any such claim. dispute or other matter pursuant to Article 16.
9.13. l.inUIaJions on ENGINEER's Authority and ResponsibiliJUs:
9.13.1. Neither ENGINEER's authority or responsibil-
ity under this Article 9 or under any other provision of the
Contract Documents nor any decision made by ENGINEER
in good faith either to exercise or not exercise such authority
or responsibility or the undertaking. exercise or performance
of any authority or responsibility by ENGINEER shall
create. impose orgive rise to any duty owed by ENGINEER
10 CONTRACTOR. any Subcontractor. any Supplier. any
other person or organization, or to any surety for or em-
ployee or agent of any of them.
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9.13.2. ENGINEER will not supervise, direct, control
or have authority over or be responsible for CONTRAC-
TOR's means, methods, techniques. sequences or proce-
dures of construction. or the safety precautions and pro-
gr:ams incident thereto. or for any failure of CONTRACTOR
to. comply with Laws and Regulations applicable to the
fumishing or performance of the Work. ENGINEER will not
be responsible for CONTRACTOR's failure to perform or
furnish the Work in accordance with the Contract Docu-
ments.
19.13.3. ENGINEER will not be responsible for the acts
or omissions of CONTRACTOR or of any SubcontraclOr.
any Supplier. or of any other person or organization perform-
ing or furnishing any of the Work.
9.13.4. ENGINEER's review of the final Application for
Payment and accompanying documentation and all mainte-
nance and operating instructions, schedules. guarantees,
bonds and certificates of inspection, tests and approvals and
Other documentation required to be delivered by paragraph
14.12 will only be to determine generally that their content
complies with the requirements of, and in the case of
certificates of inspections, tests and approvals that the
results certified indicate compliance with. the Contract Doc-
uments.
9.13.5. The limitations upon authority and responsibility
set forth in this paragraph 9.13 shall also apply to ENGI-
NEER's Consultants. Resident Project Representative and
assistants.
ARTICLE IO-CHANGES IN THE WORK
10.1. Without invalidating the Agreement and without
notice to any surety, OWNER may, at any time or from time
to time. order additions. deletions or revisions in the Work.
Such additions. deletions or revisions will be authorized by
a Written Amendment. a Change Order, or a Work Change
Directive. Upon receipt of any such document, CONTRAC-
TOR shall promptly proceed with the Work involved which
will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically pro-
vided).
10.2. If OWN ER and CONTRACTOR are unable to agree
as to the extent, if any. of an adjustment in the Contract Price
or an adjustment of the Contract Times that should be allowed
as a result of a Work Change Directive. a claim may be made
therefor as provided in Article II or Article 12.
10,3. CONTRACIOR shall nol be entitled to an increase in
the Contract Price or an extension of the Contract Times with
respect to any Work performed that is not required by the
Contract Documents as amended, modified and supplemented
as provided in paragraphs 3.5 and 3.6 except in the case of an
emergency as provided in paragraph 6.23 or in the case of
uncovering Work as provided in paragraph 13.9.
10.4. OWNER and CONTRACTOR shall execule appro-
priate Change Orders recommended by ENGINEER (or Writ-
ten Amendments) covering:
10.4.1. changes in the Work whICh are (i) ordered by
OWNER pursuanl to paragraph 10.1. (ii) required because of
acceptance of deJeclive Work under paragraph 13".13 or
correcting defective Work under paragraph 13.14. or (iii)
agreed to by the parties;
10.4.2. changes in the Contract Price or Contract Times
which are agreed to by the panies; and
10.4.3. changes in the Conlract Price or Contract Times
which embody the substance of any written decision ren-
dered by ENGINEER pursuan. to paragraph 9.1 t:
provided that, in lieu of executing any such Change Order, an
appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal. CON~
TRACTOR shall carryon the Work and adhere to the progress
schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope of
the Work or the provisions of the Contract Documents (includ-
ing, but not limited to. Contrac! Price or Contract Times) is
required by the provisions of any Bond to be given to a surety,
the giving of any such notice will be CONTRAClDR's respon~
sibility, and the amount of each applicable Bond will be
adjusted accordingly.
ARTICLE II-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compensa*
tion (subject to authorized adjustments) payable to CON-
TRACTOR for perfonning the Work. All duties. responsibili-
ties and obligations assigned toor undertaken by CONTRACIOR
shall be at CONTRACTOR's ex.pense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an adjust*
ment in the Contract Price shall be based on written notice
delivered by the party making the claim to the other party and
to ENGINEER promptly (but in no event later than thirty
days) after the start of the occurrence or event giving rise to the
claim and stating the general nature of the claim. Notice of the
amount of the claim with supporting data shall be delivered
within sixty days after the start of such occurrence or event
(unless ENGINEER allows additional time for claimant to
submit additional or more accurate data in support of the claim)
and shall be accompanied by claimant's written statement that
the adjustment claimed covers all known amounts 10 which the
claimant is entitled as a result of said occurrence or event. All
claims for adjustment in the Contract Price shall be determined
by ENGINEER in accordance with paragraph 9.11 ifO\'.''''ER
and CONTRACIOR cannot otherwise agree on the amount
involved. No claim for an adjustment in the Contract Price will
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be valid if not submitted in accordance with this paragraph
11.2.
11.3. The value of any Wort covered by a Change Order or
of any claim for an adjustment in the Contract Price will be
determined as follows:
11.3.1. where the Work involved is covered by unit
prices contained in the Contract Documents. by application
of such unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1 through
11.9.3. inclusive);
11.3.2. where the Work involved is not covered by unit
prices contained in the Contract Documents. by a mutually
agreed lump sum (which may include an allowance for
overhead and profit not necessarily in accordance with
paragraph 11.6.2);
11.3.3. where the Work involved is not covered by unit
prices contained in the Contract Documents and agreement
to a lump sum is not reached under paragraph 11.3.2. on the
basis of the Cost of the Wort (determined as provided in
paragraphs 11.4 and 11.5) plus a CONTRAClDR's fee for
overhead and profit (determined as provided in paragraph
11.6).
Cost of 1M Work:
11.4. The tenn Cost of the Work means the sum of all costs
necessarily incurred and paid by CONTRAClDR in the proper
performance of the Wort. Except as otherwise may be agreed
to in writing by OWNER, such costs shall be in amounts no
higher than those prevailing in the locality of the Project, shall
include only the following items and shall not include any of the
costs itemized in paragraph 11.5;
11.4.1. Payroll costs for employees in the direct employ
of CONTRAClDR in the performance of the Wort under
schedules of job classifications agreed upon by OWNER and
CONTRACTOR. Such employees shall include without lim-
itation superintendents. foremen and other personnel em.
ployed full- time at the site. Payroll costs for employees not
employed full time on the Wort shall be apportioned on the
basis of their time spent on the Wort. Payroll costs shall
include, but not be limited to. salaries and wages plus the
cost of fringe benefits which shall include social security
contributions. unemployment, excise and payrolllaxes. work.
ers' compensation, health and retirement benefits, bonuses,
sick leave, vacation and holiday pay applicable thereto. The
expenses of performing Wort after regular worting hours,
on Saturday, Sunday or legal holidays, shall be included in
the above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished and
incorporated in the Wort, including costs of transportation
and storage thereof, and Suppliers' field services required in
connection therewith. All cash discounts shall accrue to
CONTRACTOR unless OWNER deposits funds with CON-
TRAClDR with which to make payments, in which case the
cash discounts shall accrue to OWNER. All trade discounts.
rebates and refunds and returns from sale of surplus materi-
als and equipment shall accrue to OWNER. and CON-
TRACTOR shall make provisions so that they may be
obtained.
11.4.3. Payments made by CONTRAClDR to the Sub-
contractors for Work performed or furnished by Subcontrac-
tors. If required by OWNER. CONTRAClDR shall obtain
competitive bids from subcontractors acceptable to OWNER
and CONTRAClDR and shall deliver such bids to OWNER
who will then determine, with the advice of ENGINEER.
which bids, if any, will be accepted. If any subcontract
provides that the Subcontractor is to be paid on the basis of
Cost of the Work Plus a fee, the Subcontractor's Cost of the
Work and fee shall be determined in the same manner as
CONTRAClDR's Cost of the Wort and fee as provided in
paragraphs 11.4, 11.5. 11.6 and 11.7. All subcontracts shall
be subject to the other provisions ofthe Contract Documents
insofar as applicable.
11.4.4. Costs of special consultants (including but nol
limited to engineers, architects, testing laboratories, survey-
ors, attorneys and accountants) employed for services spe-
cifically related to the Wort.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proportion of necessary transportation.
travel and subsistence expenses ofCONTRACfOR's em-
ployees incurred in discharge of duties connected with the
Wort.
11.4.5.2. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment, machinery,
appliances, office and temporary facilities at the site and
hand tools not owned by the workers, which are con-
sumed in the performance of the Wort, and cost less
market value of such items used but not consumed which
remain the property of CONTRAClDR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRAClDR or others in accordance with rental agree-
ments approved by OWNER with the advice of ENGI-
NEER, and the costs of transportation, loading, unload-
ing. installation, dismantling and removal thereof-all in
accordance with the terms of said rental agreements. The
rental of any such equipment, machinery or parts shall
cease when the use thereof is no longer necessary for the
Wort.
11.4.5.4. Sales. consumer, use or similar taxes related
to the Wort, and for which CONTRACTOR is liable,
imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRAClDR, any Subcontractor or anyone
directly or indirectly employed by any of them or for
whose acts any of them may be liable, and royalty
payments and fees for permits and licenses.
33
11.4.5.6. Losses and damages (and related expenses)
caused by damage to the Work, not compensated by
insurance or otherwise, sustained by CONTRACTOR in
connection with the performance and furnishing of the
Work (except losses and damages within the deductible
amounts ofpropeny insurance established by OWNER in
accordance with paragraph 5.9), provided they have re-
sulted from causes other than the negligence of CON-
TRAcroR. any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any
of them may be liable. Such losses shall include settle-
ments made with the written consent and approval of
OWNER. No such losses, damages and expenses shall be
included in the Cost of the Work for the purpose of
detennining CONTRAcroR's fee. If, however, any such
loss or damage requires reconstruction and CONTRAC-
mR is placed in charge thereof, CONTRACWR shall be
paid for services a fee proportionate to that stated in
paragraph t 1.6.2.
11.4.5.7. The cost of utilities, fuel and sanitary facili-
ties at the site.
11.4.5.8. Minor expenses such as telegrams, long dis-
tance telephone calls, telephone service at the site, ex-
pressage and similar petty cash items in connection with
the Work.
11.4.5.9. Cost of premiums for additional Bonds and
insurance required because of changes in the Work.
11.5. The tenn Cost of the Work shall not include any of
the following:
11.5.1. Payroll costs and other compensation of CON-
TRACTOR's officers, executives, principals (of partnership
and sole proprietorships), general managers, engineers. ar~
chitects, estimators. attorneys, auditors. accountants, pur-
chasing and contracting agents. expediters, timekeepers,
clerks and other personnel employed by CONTRACfOR
whether at the site or in CONTRACTOR's principal or a
branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job
classifications referred to in paragraph 11.4.1 or specifically
covered by paragraph 11.4.4-a1l of which are to be consid-
ered administrative costs covered by the CONTRACWR's
fee.
11.5.2. Expenses of CONTRACfOR's principal and
branch offices other than CONTRACWR's office at the site.
11.5.3. Any part of CONTRACfOR's capital expenses,
including interest on CONTRACTOR's capital employed for
the Work and charges against CONTRACfOR for delin-
quent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACWR is required by the
Contract Documents to purchase and maintain the same
(except for the cost of premiums covered by subparagraph
11.4.5.9 above).
11.5.5. Costs due to the negligence ofCONTRAC-
lDR, any Subcontractor, or anyone directly or indi-
rectly employed by any of them or for whose acts any
of them may be liable, including but not limited to, the
correction of defective Work, disposal of materials or
equipment wrongly supplied and making good any
damage to property.
Other overhead or general expense costs of any kind
and the costs of any item not specifically and expressly
included in paragraph 11.4.
11.6. The CONTRACfOR's fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
11.6.1. a mutually acceptable fixed fee; or
11.6.2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various
portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1
and 11.4.2, the CONTRACmR's fee shall be fifteen
percent;
11.6.2.2. for costs incurred under paragrd.ph 11.4.3,
the CONTRACfOR's fee shall be five percent:
11.6.2.3. where one or more tiers of subcontracts are
on the basis of Cost of the Work plus a fee and no fi xed fee
is agreed upon. the intent of paragraphs 11.4.1. 11.4.2,
11.4.3 and 11.6.2 is that the Subcontractor who actually
performs or furnishes the Work, at whatever tier. will be
paid a fee of fifteen percent of the costs incurred by such
Subcontractor under paragraphs 11.4.1 and 11.4.2 and that
any higher tier Subcontractor and CONTRACTOR will
each be paid a fee of five percent of the amount paid to the
next lower tier Subcontractor;
11.6.2.4. no fee shall be payable on the basis of costs
itemized under paragraphs 11.4.4, t 1.4.5 and 11.5;
11.6.2.5. the amount of credit to be allowed by CON-
TRACIDR to OWNER for any change which results in a
net decrease in cost will be the amount of the actual net
decrease in cost plus a deduction in CONTRACTOR's fee
by an amount equal to five percent of such net decrease;
and
11.6.2.6. when both additions and credits are involved
in anyone change, the adjustment in CONTRAcroR's
fee shall be computed on the basis of the net change in
accordance with paragraphs 11.6.2.1 through 11.6.2.5,
inclusive.
11.7. Whenever the cost of any Work is to be detennined
pursuant to paragraphs 11.4 and 11.5, CONTRACfOR will
establish and maintain records thereof in accordance with
generally accepted accounting practices and submit in form
acceptable to ENGINEER an itemized cost breakdown to-
gether with supporting data.
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Cash Allowances:
11.8. II is understood that CONTRAClDR has included in
the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be fur-
nished and performed for such sums as may be acceptable to
OWNER and ENGINEER. CONTRAClDR agrees thaI:
11.8.1. the allowances include the cost to CONTRAC-
TOR (less any applicable trade discounts) of materials and
equipment required by the allowances to be delivered at the
site, and all applicable taxes; and
11.8.2. CONTRAClDR's costs for unloading and han-
dling on the site. labor. installation costs, overhead. profit
and other expenses contemplated for the allowances have
been included in the Contract Price and not in the allowances
and no demand for additional payment on account of any of
the foregoing will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRAClDR on account of Work covered by
allowances, and the Contract Price shall be correspondingly
adjusted.
11.9, Unit Price Work:
11.9.1. Where the Contract Documents provide that all
or part of the Work is to be Unit Price Work, initially the
Contract Price will be deemed to include for all Unit Price
Work an amount equal to the sum of the established unit
price for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in the
Agreement. The estimated quantities of items of Unit Price
Work are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract
Price. Determinations of the actual quantities and classifica-
tions of Unit Price Work performed by CONTRAClDR will
be made by ENGINEER in accordance with paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRAClDR to be adequate to
cover CONTRAClDR's overhead and profit for each sepa-
rately identified item.
11.9,3. OWNER or CONTRAClDR may make a claim
for an adjustment in the Contract Price in accordance with
Article II if:
11.9.3, I. the quantity of any item of Unit Price Work
performed by CONTRAClDR differs materially and sig-
nificantly from the estimated quantity of such item indi-
cated in the Agreement; and
11.9.3.2. there is no corresponding adjustment with
respect to any other item of Work; and
11.9,3.3. ifCONTRAClDR believes that CONTRAC-
TOR is entitled to an increase in Contract Price as a result
of having incurred additional ex.pense or OWNER be-
lieves that OWNER is entitled to a decrease in Contract
Price and the parties are unable to agree as to the amount
of any such increase or decrease.
ARTICLE 12-CHANGE OF CONTRACT TIMES
12.1. The Contract Times (or Milestones) may only be
changed by a Change Order or a Written Amendment. Any
claim for an adjustment of the Contract Times (or Milestones)
shall be based on written notice delivered by the party making
the claim to the other party and to ENGINEER promptly (but
in no event later than thirty days) after the occurrence of the
event giving rise to the claim and stating the general nature of
the claim. Notice of the extent of the claim with supporting
data shall be delivered within six.ty days after such occurrence
(unless ENGINEER allows an additional period of time to
ascertain more accurate data in support of the claim) and shall
be accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the
claimant has reason to believe it is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Times (or Milestones) shall be determined by ENGI-
NEER in accordance with paragraph 9.11 if OWNER and
CONTRAcroR cannot otherwise agree. No claim for an
adjustment in the Contract Times (or Milestones) will be valid
if not submitted in accordance with the requirements of this
paragraph 12.1.
12.2. All time limits slated in the Contract Documents are
of the essence of the Agreement.
12.3. Where CONTRACIDR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of CONTRAC-
lOR. the Contract Times (or Milestones) will be extended in an
amount equal to the time lost due to such delay if a claim is
made therefor as provided in paragraph 12.1. Delays beyond
the control ofCONTRAClDR shall include, but not be limited
to. acts or neglect by OWNER. acts or neglect of utility owners
or other contractors performing other work. as contemplated by
Article 7. fires. floods. epidemics. abnormal weather condi-
tions or acts of God. Delays attributable to and within the
control of a Subcontractor or Supplier shall be deemed to be
delays within the control of CONTRAClDR.
12.4. Where CONTRAClDR is prevented from complet-
ing any part of the Work within the Contract Times (or
Milestones) due to delay beyond the control of both OWNER
and CONTRAClDR, an extension of the Contract Times (or
Milestones) in an amount equal to the time lost due to such
delay shall be CONTRAClDR's sole and exclusive remedy for
such delay. In no event shall OWNER be liable to CONTRAC-
IDR, any Subcontractor, any Supplier. any other person or
organization. or to any surety for or employee or agent of any
of them, for damages arising out of or resulting from (i) delays
caused by or within the control of CONTRAClDR, or (ii)
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delays beyond the control of both parties including bUI not
limited to fires, floods, epidemics, abnormal weather condi-
tions, acts of God or acts or neglect by utility owners or
other conlractors performing other work as contemplated by
Article 7.
ARTICLE IJ--TESTS AND INSPECTIONS,
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
13.1. Notice of Defects: Prompt notice of all defective
Work of which OWNER or ENGINEER have actual knowl-
edge will be given to CONTRACfOR. All defective Work
may be rejected. corrected or accepted as provided in this
Article 13.
Access to Work:
13.2. OWNER, ENGINEER, ENGINEER's Consultants,
other representatives and .personnel of OWNER, independent
testing laboratories and governmentaJ agencies with jurisdic-
tional interests will have access to the Work at reasonable times
for their observation, inspecting and testing. CONTRACTOR
shall provide them proper and safe conditions for such access
and advise them of CONTRACfOR's site safety procedures
and programs so that they may comply therewith as applicable.
Tests and Inspections:
13.3. CONTRACfOR shall give ENGINEER timely no-
tice of readiness of the Work for all required inspections, tests
or approvals, and shall coopemte with inspection and testing
personnel to facilitate required inspections or tests.
13.4. OWNER shall employ and pay for the services of an
independent testing laboratory to perform all inspections, lests,
or approvals required by the Contrdct Documents except:
13.4.1. for inspections, tests or approvals covered by
paragraph 13.5 below;
13.4.2. that costs incurred in connection with tests or
inspections conducted pursuant to paragraph 13.9 below
shall be paid as provided in said paragraph 13.9; and
13.4.3. as otherwise specifically provided in the Con-
tract Documents.
13.5. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereoO specifically to be
inspected, tested or approved by an employee or other repre-
sentative of such public body, CONTRACfOR shall assume
full responsibility for arranging and obtaining such inspections.
tests or approvals, pay all costs in conneclii:m therewith. and
furnish ENGINEER the required certificates of inspection, or
approval. CONTRACTOR shall also be responsible for arrang-
ing and obtaining and shall pay all cosls in connection with any
inspections, lests or approvals required for OWNER's and
ENGINEER's acceptance of materials or equipment to be
incorporated in the Work, or of materials, mix designs, or
equipment submitted for approval prior 10 CONTRACfOR's
purchase thereof for incorporation in the Work,
13.6. If any Work (or the work of others) that is to be
inspected, tested or approved is covered by CONTRACfOR
without written concurrence of ENGINEER, it must, if re-
quested by ENGINEER, be uncovered for observation.
13.7. Uncovering Work as provided in paragraph 13.6 shall
be at CONTRACfOR's expense unless CONTRACfOR has
given ENGINEER timely notice of CONTRACfOR"s inten-
tion to cover the same and ENGINEER has not acted wilh
reasonable promptness in response to such notice.
Uncovering Work:
13.8. Ifany Work is covered contrary to the written request
of ENGINEER, it must, if requested by ENGINEER, be
uncovered for ENGINEER"s observation and replaced at
CONTRACTOR's expense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR, at ENGINEER's re-
quest, shall uncover, expose or otherwise make available for
observation, inspection or testing as ENGINEER may require,
that portion of the Work in question. furnishing all necessary
labor. material and equipment. If it is found thai such Work is
defective. CONTRAClDR shall pay all claims, costs, losses
and damages caused by, arising out of or resulting from such
uncovering, exposure, observation, inspection and testing and
of satisfactory replacement or reconstruction (including but not
limited to all Cosls of repair or replacement of work of others);
and OWNER shaJl be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the
amount thereof, may make a claim therefor as provided in
Article II. If, however, such Work is not found to be defective,
CONTRACTOR shall be allowed an increase in the Contract
Price or an extension of the Contract Times (or Milestones). or
both. directly attributable to such uncovering, exposure. ob-
servation, inspection. testing, replacement and reconstruction;
and, if the parties are unable to agree as 10 the amount orextenl
thereof, CONTRACfOR may make a claim therefor as pro-
vided in Articles I t and 12.
OWNER May Stop the Work:
13.10. If the Work is defective, or CONTRACfOR fails to
supply sufficient skilled workers or suitable materials or equip-
ment, or fails to furnish or perfonn the Work in such a way that
the completed Work will conform to the Contract Documents,
OWN ER may order CONTRACTOR to stop the Work, or any
portion thereof, until the cause for such order has been
eliminated; however, this right of OWNER to stop the Work
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shall not give rise to any duty on the part of OWN ER to
exercise this right for the benefit of CONTRACTOR or any
surety or other party.
COf'TectWn or Removal of Defecti..e Work:
13.11. If required by ENGINEER, CONTRAClDR shall
promptly, as directed, either correct all defective Work, whether
or not fabricated, installed Of completed, Of, if the Work has
been rejected by ENGINEER, remove it from the site and
replace it with Work that is not defective. CONTRAClDR shall
pay all claims, costs. losses and damages caused by or resulting
from such correction or removal (including but not limited to all
costs of repair or replacement of work of others).
13.12. Correction Period:
13.12.1. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any
applicable special guarantee required by the Contract Doc.
uments or by any specific provision of the Contract Docu-
ments, any Work is found to be defective, CONTRAClDR
shall promptly, without cost to OWNER and in accordance
with OWNER's written instructions: (i) correct such defec-
tive Work, or, if it has been rejected by OWNER, remove it
from the site and replace it with Work that is not defective,
and (ii) satisfactorily correct or remove and replace any
damage to other Work or the work of others resulting
therefrom. If CONTRAClDR does not promptly comply
with the tenns of such instructions, or in an emergency
where delay would cause serious risk of loss or damage,
OWNER may have the defective Work corrected or the
rejected Work removed and replaced, and all claims, costs,
losses and damages caused by or resulting from such re-
moval and replacement (including but not limited to all costs
of repair or replacement of work of others) will be paid by
CONTRAClDR.
13.12.2. In special circumstances where a particular item
of equipment is placed in continuous service before Substan-
tial Completion of all the Work, the correction period for that
item may start to run from an earlier date if so provided in
the Specifications or by Written Amendment.
13.12.3. Where defective Work (and damage to other
Work resulting therefrom) has been corrected, removed or
replaced under this paragraph 13.12, the correction period
hereunder with respect to such Work will be extended for an
additional period of one year after such correction or re-
moval and replacement has been satisfactorily completed.
AccepulIIu of Defective Work:
13.13. If, instead of requiring correction or removal and
replacement of defective Work, OWNER (and, prior to ENGI-
NEER's recommendation of final payment, also ENGINEER)
prefers to accept it, OWNER may do so. CONTRAClDR shall
pay all claims, costs, losses and damages attributable to
OWNER's evaluation of and determination to accept such
defective Work (such costs to be approved by ENGINEER as
to reasonableness). If any such acceptance occurs prior to
ENGINEER's recommendation of final payment, a Change
Order will he issued incorporating (he necessary revisions in
the Contract Documents with respect to (he Work; and OWN ER
shall be entitled to an appropriate decrease in the Contract
Price, and, if the parties are unable to agree as to the amount
thereof, OWNER may make a claim therefor as provided in
Article II. If the acceptance occurs after such recommenda-
tion, an appropriate amount will be paid by CONTRACTOR to
OWNER.
OWNER May Correct Defuti~e Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice from ENGINEER to correct defective
Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13. I I, or if CON-
TRACTOR fails to perfonn the Work in accordance with the
Contract Documents, or if CONTRAClDR fails to comply
with any other provision of the Contract Documents, OWN ER
may, after seven days' written notice to CONTRAClOR,
correct and remedy any such deficiency. In exercising the
rights and remedies under {his paragraph OWNER shall pro-
ceed expeditiously. In connection with such corrective and
remedial action, OWNER may exclude CONTRACTOR from
all or part of the site, take possession of all or part of the Work,
and suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances, construc-
tion equipment and machinery at the site and incorporate in the
Work all materials and equipment stored at the site or for which
OWNER has paid CONTRAClDR but which are stored
elsewhere. CONTRAClDR shall allow OWNER, OWNER's
representa(ives, agents and employees, OWNER's other con-
tractors and ENGINEER and ENGINEER's Consultants ac-
cess to the site to enable OWNER to exercise the rights and
remedies under this paragraph. All claims, costs, losses and
damages incurred or sustained by OWNER in exercising such
rights and remedies will be charged against CONTRAClDR
and a Change Order will be issued incorporating the necessary
revisions in the Contract Documents with respect to the Work;
and OWNER shall be entitled to an appropriate decrease in the
Contract Price, and, if the parties are unable to agree as to the
amount thereof, OWNER may make a claim therefor as
provided in Article II. Such claims, costs, losses and damages
will include but not be limited to all costs of repair or replace-
ment of work of others destroyed or damaged by correction,
removal or replacement of CONTRACTOR's defective Work.
CONTRAClDR shall not be allowed an extension of the
Contract Times (or Milestones) because of any delay in the
performance ofthe Workallributable to thee.ereise by OWNER
of OWNER's rights and remedies hereunder_
ARTICLE I4-PAYMENTS TO CONTRAClDR AND
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments and
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will be incorporated into a form of Application for P"dyment
acceptable to ENGINEER. Progress payments on account of
Unit Price Work will be based on the number of units com-
pleled.
Application for Progress Paymen/:
14.2. At least twenty days before the date established for
each progress payment (but not more often than once a
month). CONTRAcroR shall submit to ENGINEER for
review an Application for Payment filled out and signed by
CONTRACTOR covering the Work completed as of the date
of the Application and accompanied by such supporting
documentation as is required by the Contract Documents. If
payment is requested on the basis of materials and equip-
ment not incorporated in the Work but delivered and suitably
stored at the site or at another location agreed to in writing,
the Application for Payment shall also be accompanied by a
bill of sale, invoice or other documentation warranting that
OWNER has received the materials and equipment free and
clear of all Liens and evidence that the materials and
equipment are covered by appropriate property insurance
and other arrangements to protect OWNER's interest therein,
all of which will be satisfactory to OWNER. The amount of
retainage with respect to progress payments will be as
stipulated in the Agreement.
CONTRACTOR's WlUTanty of Title:
14.3. CONTRACTOR warranls and guarantees lhat title 10
all Work, materials and equipment covered by any Application
for Payment, whether incorporated in the Project or not, will
pass to OWNER no later than the time of payment free and
clear of all Liens.
Review of ApplU:ations for Progress Payment:
14.4. ENGINEER will. wilhin len days after receipt of
each Application for Payment, either indicate in writing a
recommendation of payment and present the Application to
OWNER. or relurn the Applicalion to CONTRAcroR indi-
cating in writing ENGINEER's reasons for refusing to recom-
mend payment. In the latter case, CONTRACTOR may make
the necessary corrections and resubmit the Application. Ten
days after presentation of the Application for Payment to
OWNER with ENGINEER's recommendalion. the amounl
recommended will (subject to the provisions of the last sen-
tence of paragraph 14.7) become due and when due will be paid
by OWNER to CONTRAcroR.
14.5. ENGINEER's recommendation of any payment re-
quested in an Application for Payment will constitute a repre-
sentation by ENGINEER 100WNER. based on ENGINEER's
on-site observations of the executed Work as an experienced
and qualified design professional and on ENGINEER's review
of the Application for Payment and the accompanying data and
schedules. thai 10 the best of ENGINEER's knowledge. infor-
mation and belief:
14.5.1. the Work has progressed to the point indicated.
14.5.2 the qU;llity of the Work is generally in accor-
dance with the Contract Documents huhject to an evalu-
ation of the Work as a functioning whole pnor to or upon
Substantial Completion, to the results of any subsequent
tests called for III the Contract Documents, to a final
determination of quantities and classifications for Unit
Price Work under paragraph 9.10. and to any other quali-
fications stated in the recommendation), and
14.5.3. lhe conditions precedent to CONTRACTOR's
being entitled to such payment appear to have been
fulfilled in so far as it is ENGINEER's responsibility to
observe the Work.
However, by recommending any such payment ENGINEER
will not thereby be deemed to have represented that: (i)
exhaustive or continuous on-site inspections have been made
to check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to ENGINEER in the
Contract Documents or (iil that there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid addItIOnally by OWN ER or enlltle OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of any payment, in-
cluding final payment, shall not mean that ENGINEER is
responsible forCONTRACIDR's means, methods, techniques,
sequences or procedures of construction, or the safety precau-
tions and programs incident thereto, or for any failure of
CONTRACTOR to comply with Laws and Regulations appli-
cable to the furnishing or performance of Work, or for any
failure of CONTRACTOR to penorm or furnish Work in
accordance with the Contract Documents.
14.7. ENGINEER may refuse to recommend the whole or
any part of any payment if. in ENGINEER's opinion, it would
be incorrect to make the representations to OWNER referred
to in paragraph 14.5. ENGINEER may also refuse to recom-
mend any such payment. or, because of subsequently discov~
ered evidence or the results of subsequent inspections or tests,
nullify any such payment previously recommended, to such
extent as may be necessary in ENGINEER's opinion to
protect OWNER from loss because:
14.7.1. the Work is defeclive, or completed Work has
been damaged requiring correction or replacement,
14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order,
14.7.3. OWNER has been required to correcl defee-
live Work or complete Work in accordance with paragraph
13.14, or
14.7.4. ENGINEER has actual knowledge of the oc-
currence of any of the events enumerated in paragraphs
15.2.1 through 15.2.4 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because:
14.7.5. claims have been made against OWNER on
account of CONTRAcroRs performance or furnishing of
the Work.
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14.7.6. Liens have been filed in connection with the
Work. except where CONTRACTOR has delivered a
specific Bond satisfactory to OWNER to secure the
satisfaction and discharge of such Liens.
14.7.7. there are other items entitling OWNER to a
set-off against the amount recommended. or
14.7.8. OWNER has actual knowledge of the occur.
rence of any of the events enumerafed in paragraphs
14.7. t through 14.7.3 or paragraphs 15.2.1 through 15.2.4
inclusive:
but OWNER must give CONTRAcroR immediate written
notice (with a copy to ENGINEER) stating the reasons for
such action and promptly pay CONTRAcroR the amount so
withheld, or any adjustment thereto agreed to by OWN ER and
CONTRAcroR, when CONTRAcroR corrects to OWN.
ER's satisfaction the reasons for such action.
Substanlial Compleoon:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRAcroR shall notify OWN ER
and ENGINEER in writing that the entire Work is substantially
complete (except for items specifically listed by CONTRAC.
TOR as incomplete) and request that ENGINEER issue a
certificate of Substantial Completion. Within a reasonable time
thereafter, OWNER, CONTRAcroR and ENGINEER shall
make an inspection of the Work to determine the status of
completion. If ENGINEER does not consider the Work sub.
stantially complete, ENGINEER will notify CONTRAcroR
in writing giving the reasons therefor. If ENGINEER considers
the Work substantially complete. ENGINEER will prepare and
deliver to OWNER a tentative certificate of Substantial Com-
pletion which shall fix the date of Substantial Completion.
There shall be attached to the certificate a tentative list of items
to be completed or corrected before final payment. OWNER
shall have seven days after receipt of the tentative certificate
during which to make written objection to ENGINEER as to
any provisions of the certificate or attached list. If, after
considering such objections, ENGINEER concludes that the
Work is not substantially complete, ENGINEER will within
fourteen days after submission of the tentative certificate to
OWNER notify CONTRAcroR in writing, stating the reasons
therefor. If. after consideration of OWNER's objections, EN-
GINEER considers the Work substantially complete, ENGI.
NEER will within said fourteen days execute and deliver to
OWNER and CONTRAcroR a definitive certificate of Sub.
stantial Completion (with a revised tentative list of items to be
completed or corrected) reflecting such changes from the
tentative certificate as ENGINEER believes justified after
consideration of any objections from OWN ER. At the time of
delivery of the tentative certificate of Substantial Completion
ENGINEER will deliver to OWNER and CONTRACI'OR a
written recommendation as to division of responsibilities pend-
ing final payment between OWNER and CONTRAcroR with
respect to security, operation, safety, maintenance, heat, utili-
ties, insurance and warranties and guarantees. Unless OWNER
and CONTRACTOR agree otherwise in writing and so inform
ENGINEER in wI;tillg poor to ENGINEER"s issuing the
definitive certificate of Substantial Completion, ENGINEER's
aforesaid recommendation will be binding on OWNER and
CONTRACTOR until final payment
14.9. OWNER shall have the nght 10 excluJe CONTRAC.
TOR from the Work after the date of Substantial Completion,
but OWNER shall allow CONTRACTOR reasonable access to
complete or correct items on the tentative list.
Partial UtilizPtWn:
14.10. Use by OWNER at OWNER's option of any sub-
stantially completed pan of the Work which: (i) has specifically
been identified in the Contmct Documents, or (ii) OWNER,
ENGINEER and CONTRACTOR agree constitutes a sepa.
rately functioning and usable palt of the Work that can be used
by OWNER for its intended purpose without significant inter-
ference with CONTRACIOR's performance of the remainder
of the Work, may be accomplished prior to Substantial Com-
pletion of all the Work subject to the following:
14.10.1. OWNER at any time may request CON.
TRACIOR in writing 1O permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRAcroR agrees that such part of the Work is substan-
tially complete. CONTRAcroR will certify to OWNER
and ENGINEER that such part of the Work is substan.
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
CONTRACTOR at any time may notify OWNER and
ENGINEER in writing that CONTRACTOR considers
any such part of the Work ready for its intended use and
substantially complete and request ENGINEER to issue a
certificate of Substantial Completion for that part of the
Work. Within a reasonable time after either such request,
OWNER. CONTRACTOR and ENGINEER shall make
an inspection of that part of the Work to determine its
status of completion. If ENGINEER does not consider
that pan of the Work to be substantially complete, ENGI-
NEER will notify OWNER and CONTRAcroR in writ.
ing giving the reasons therefor. If ENGINEER considers
that part of the Work to be substantially complete, the
provisions of paragraphs 14.8 and 14.9 will apply with
respect to certification of Substantial Completion of that
part of the Work and the division of responsibility in
respect thereof and access thereto.
14.10.2. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragrdph 5.15 in respect of property
Insurance.
Fina11nspection:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete, ENGI-
NEER will make a final inspection with OWNER and CON-
TRAcroR and will notify CONTRAcroR in writing of all
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particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to complete such Work or
remedy such deficiencies_
FimJI Application for PaymenJ:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered in
accordance with the Contract Documents all maintenance and
operating instructions, schedules, guarantees, Bonds, certifi-
cates or other evidence of insurance required by paragraph 5.4,
certificates of inspection, marked-up record documents (as
provided in paragraph 6.19) and other documents, CONTRAC-
TOR may make application for final payment following the
procedure for progress payments. The final Application for
Payment shall be accompanied (except as previously delivered)
by: (i) all documentation called for in the Contract Documents,
including but not limited to the evidence of insurance required
by subparagraph 5.4.13, (ii) consent of the surety, ifany, to final
payment. and (iii) complete and legaJly effective releases or
waivers (satisfactory to OWNER) of all Liens arising out of or
filed in connection with the Work. In lieu of such releases or
waivers of Liens and as approved by OWNER, CONTRAC-
TOR may furnish receipts or releases in full and an affidavit of
CONTRACTOR that: (i) the releases and receipts include all
labor, services, material and equipment for which a Lien could
be filed, and (ii) all payrolls, material and equipment bills and
other indebtedness connected with the Work for which OWN ER
or OWNER's property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full,
CONTRACfOR may furnish a Bond or other collateral satis-
factory to OWNER to mdemnify OWNER against any Lien.
FimJI PaymenJ and AcceptmJce:
14.13. If, on the basis of ENGINEER's observation of the
Work during construction and final inspection, and ENGI-
NEER's review of the final Application for Payment and
accompanying documentation as required by the Contract
Documents, ENGINEER is satisfied that the Work has been
completed and CONTRACTOR's other obligations under the
Contract Documents have been fulfilled, ENGINEER will,
within ten days after receipt of the final Application for
Payment, indicate in writing ENGINEER's recommendation
of payment and present the Application to OWNER for pay-
ment. At the same time ENGINEER will also give written
notice to OWNER and CONTRACTOR that the Work is
acceptable subject to the provisions of paragraph 14.15. Oth-
erwise, ENGINEER will return the Application to CON-
TRACfOR. indicating in writing the reasons for refusing to
recommend final payment, in which case CONTRACTOR shall
make the necessary corrections and resubmit the Application.
Thirty days after the presentation to OWNER of the Applica-
tion and accompanying documentation, in appropriate form
and substance and with ENGINEER's recommendation and
notice of acceptability. the amount recommended by ENGI-
NEER will become due and will be paid by OWNER to
CONTRACTOR.
14.14. If, through no fault of CONTRACTOR, final com.
pletion of the Work IS significantly delayed and if ENGINEER
so confirms, OWN ER shall, upon receipt of CONTRACTOR's
final Application for Payment and recommendation of ENGI-
NEER. and without terminating the Agreement, make pay-
ment of the balance due for that portion of the Work fully
completed and accepted. If the remaining balance to be held by
OWNER for Work not fully completed or corrected is less than
the retainage stipulated in the Agreement, and if Bonds have
been furnished as required in paragraph 5.1, the written con-
sent of the surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be
submitted by CONTRACTOR to ENGINEER with the Appli.
cation for such payment. Such payment shall be made under
the tems and conditions governing final payment, except that
it shall not constitute a waiver of claims.
Waiver of Claims:
14.15. The making and acceptance of final payment will
constitute:
14.15.1. a waiver of all claims by OWNER against
CONTRACTOR, except claims arising from unsettled Liens,
from defective Work. appearing after final inspection pursu-
ant to paragraph 14.11, from failure to comply with the
Contract Documents or the tenns of any special guarantees
specified therein, or from CONTRACTOR's continuing ob-
ligations under the Contract Documents; and
14.15.2. a waiver of all claims by CONTRACTOR against
OWNER other than those previously made in writing and
still unseuled.
ARTICLE IS-SUSPENSION OF WORK AND
TERMINATION
OWNER May Suspend Work:
15.1. At any time and without cause, OWNER may sus-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR shall be allowed an adjustment in the
Contract Price or an extension of the Contract Times, or both,
directly attributable to any such suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles II
and 12.
OWNER May Tenni1UJJe:
15.2. Upon the occurrence of anyone or more of the
following events:
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15.2.1. if CONTRACTOR persistenlly fails to perform
the Work in accordance with the Contract Documents (10*
eluding, but not limited to. failure to supply sufficient skilled
workers or suitable materials or equipment or failure to
adhere to the progress schedule established under paragraph
2.9 as adjusted from time to time pursuant to paragraph 6.6);
15.2.2. if CONTRACTOR disregards Laws or Regula-
tions of any public body having jurisdiction;
15.2.2. if CONTRACTOR disregards the authorilY of
ENGINEER; or
15.2.4_ if CONTRACTOR otherwISe violates in any sub-
stantial way any provisions of the Contract Documents;
OWNER may, after giving CONTRACTOR (and the surety,
if any.) seven days' written notice and to the extent permit-
ted by Laws and Regulations, terminate the services of
CONTRACTOR, exclude CONTRACTOR from the site and
take possession of the Work and of all CONTRACTOR's
tools, appliances. construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion), incorporate in the Work all materi.
als and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere,
and finish the Work as OWNER may deem expedient. In
such case CONTRACTOR shall not be entitled to receive
any further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds all claims, costs,
losses and damages sustained by OWN ER arising out of or
resulting from completing the Work such excess will be paid
to CONTRACTOR. If such claims, costs, losses and dam-
ages exceed such unpaid balance, CONTRACTOR shall pay
the difference to OWNER. Such claims, costs, losses and
damages incurred by OWNER will be reviewed by ENGI-
NEER as to their reasonableness and when so approved by
ENGINEER incorporated in a Change Order, provided that
when exercising any rights or remedies under this paragraph
OWNER shall not be required to obtain the lowest price for
the Work performed.
15.3. Where CONTRACIDR's services have been so ter-
minated by OWNER, the termination will not affect any rights
or remedies of OWNER against CONTRACTOR then existing
or which may thereafter accrue. Any retention or payment of
moneys due CONTRACTOR by OWNER will not release
CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRACTOR
and ENGINEER, OWNER may, without cause and without
prejudice to any other right or remedy of OWNER, elect to
terminate the Agreement. In such case, CONTRACTOR shall
be paid (without duplication of any items):
15.4.1. for completed and acceptable Work executed in
accordance with the Contract Documents prior to the effec-
tive date of termination, including fair and reasonable sums
for overhead and profit on such Work; -
15.4.2. for expenses sustained prior to the effective date
of termination in performing services and furnishing labor,
materials or equipment as required by the Contract Docu-
ments in connection with uncompleted Work, plus fair and
reasonable sums for overhead and profit on such expenses;
15.4.3. for all claims, costs, losses and damages incurred
in settlement of terminated contracts with Subcontractors,
Suppliers and others; and
15.4.4. for reasonable expenses directly attributable to
termination.
CONTRACTOR shall not be paid on account of loss of
anticipated profits or revenue or other economic loss arising
out of or resulting from such tennination.
CONTRACTOR May Stop Work or TerrninoJL:
15.5. If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public author-
ity. or ENGINEER fails 10 act on any Application for
Payment within thirty days after it is submitted or OWNER
fails for thirty days to pay CONTRACTOR any sum finally
determined to be due, then CONTRACTOR may, upon
seven days' written notice to OWNER and ENGINEER,
and provided OWNER or ENGINEER do not remedy such
suspension or failure within that time, terminate the Agree-
ment and recover from OWNER payment on the same terms
as provided in paragraph 15.4. In lieu of terminating the
Agreement and without prejudice to any other right or
remedy, if ENGINEER has failed to act on an Application
for Payment within thirty days after it is submitted, or
OWNER has failed for thirty days to pay CONTRACTOR
any sum finally determined to be due, CONTRACfOR may
upon seven day's written notice to OWNER and ENGI-
N EER stop the Work until payment of all such amounts due
CONTRACTOR, including interest thereon. The provisions
of this paragraph 15.5 are not intended to preclude CON-
TRACTOR from making claim under Articles II and 12 for
an increase in Contract Price or Contract Times or otherwise
for expenses or damage directly attributable to CONTRAC-
TOR's stopping Work as permitted by this paragraph.
ARTICLE 16-DISPUTE RESOWTlON
If and to the extent that OWNER and CONTRACTOR have
agreed on the method and procedure for resolving disputes
between them that may arise under this Agreement, such
dispute resolution method and procedure, if any, shall be as set
forth in Exhibit GC-A, "Dispute Resolution Agreement," to be
attached hereto and made a part hereof. If no such agreement
on the method and procedure for resolving such disputes has
been reached, and subject to the provisions of paragrnphs 9.10,
9.11. and 9.12, OWNER and CONTRACTOR may exercise
41
such rights or remedies as either may otherwise have under the
Contract Documents or by Laws or Regulations in respect of
any dispute.
ARTICLE I7-MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Documents
requires the giving of written notice, it will be deemed to have
been validly given if delivered in person to the individual or to
a member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by registered or
certified mail. postage prepaid, to the last business address
known to the giver of the notice.
Compuliltion of Times:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude
the fin;! and include the last day of such period. If the last day
of any such period falls on a Saturday or Sunday or on a day
made a legal holiday by the law of the applicable jurisdiction,
such day will be omitted from the computation.
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight will constitute a day.
Nolie. ofCIoim:
17.3. Should OWNER or CONTRACTOR suffer injury or
damage to person or property because of any error, omission or
<1(;t of the other pai'ty or of any of (Ill..' othcr party'" cmployees
or agents or others for whose ;1("[" [hc olhcr parly is legally
liable. claim will he made in wrillllg 10 Ihe other party within a
reasonahle time of thc firsl observance l)( su<.:h injury Of
damage. The provisions of this paragraph /7 j shall llol be
constmed as a substitute for or a waiver of the provisions of
any applicahle statute of limitations or repose.
Cumulative Remedies:
17.4. The duties and ohligatlOns Imposed by these General
Conditions and the rights and remt::dies available hereunder 10
the parties hereto, and. in particular hut witholltlimitation, the
warranties. guarantees and oblig<-ltiolls imposed upon CON-
TRAClDR by paragraphs 6.12. 6.16. 6.30. 6.31. 6.32,13.1.
13.12. 13.14. 14.3 and 15_2 <-Ind all of the rights and remedies
available to OWNER <-Ind ENGINEER thereunder. are in
addition to, and arc nol to be construed in any way as a
limitation of, any rights and remedies available to any or all of
them which are otherwise Imposed or available by Laws or
Regulations. by special warranty or guardntee or by other
provisions of the Contract Documents. and the provisions of
this paragraph will be as effecllve as if repeated specifically in
the Contract Documenls III conne<.:llon WIth each particular
duty. obligation. ngh[ and remedy 10 which they apply.
Professional Fees and Court CO.fits Included:
17.5 Whenever reference is made to "claims, costs, losses
and damages," it shall include in each case. but not be limited
to, all fees and charges of engineers. architects. attorneys and
other professionals and all court or arbitration or other dispute
resolution costs.
[The remainder of this page was left blank Intentionally.]
42
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FISHERS ISLAND FERRY DISTRICT
OOLPHIN REPIACDlENT
MARCH 1993
SUPPLDlENTARY CCNDITIONS
Supplementary Conditions
These Supplementary Conditions amend or supplement the General Conditions of
No. 1910-8, 1990 edition) and other provisions of these Contract Documents as
indicated below. All provisions which are not amended or supplemented remain
in full force and effect as applicable.
SC.l Definitions
The terms used in these Supplementary Conditions which are defined in the
Standard General Conditions of the Construction Contract (No. 1910-8, 1990
edition) have the meanings assigned to them in the General Conditions.
Add the following Additional Definitions:
A. General Requirement: Provisions of sections of these specifications.
B. "Indicated": Shown on drawings by notes, graphics or schedules, or
written into other portions of Contract Documents. Terms such as
"shown", "notedll, "scheduled", and "specified'! have the same meaning
as "indicated", and are used to assist the reader in locating
particular information.
c. tlDirectedlt, "requested", "approved" 1 "accepted", etc., imply "by the
ENGINEER", unless otherwise indicated.
D. Approved by ENGINEER: In no case releases CONTRACTCR from
responsibility to fulfill requirements of Contract Documents.
E. Project Site: Space available to CCNTRACTCR at location of Project,
either exclusively or to be shared with separate Contractors,
operators and users for performance of the Work.
F. Provide: Except as otherwise defined in greater detail, the term
"provide" means furnish and install, complete and ready for intended
use, as applicable in each instance.
G. Overlapping/Conflicting Requirements: I'bst stringent (generally most
costly) requirements will be applied and enforced unless more detailed
language written directly into Contract Documents clearly indicates
that a less stringent requirement is acceptable. Refer uncertainties
to ENGINEER for decision before proceeding.
SC-l
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H. Minimum Requirements: Indicated requirements are for a specific
minimum acceptable level of quality, as recognized in the industry.
Actual =rk must comply (with specified tolerances) or may exceed
minimum within reasonable limits. Refer uncertainties to ENGINEER
before proceeding.
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1. Abbreviations, Plural Words: Abbreviations, where not defined in
Contract Documents, will be interpreted to mean the normal
construction industry terminology, determined by recognized
grammatical rules by the ENGINEER. Plural =rds will be interpreted
as singular and singular =rds will be interpreted as plural where
applicable for context of Contract Documents.
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SC-2.8 Pre-Construction Conference
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Amend Section 2.8. to read:
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Within ten (10) days after the Effective Date of the Agreement, but before
CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR,
ENGINEER and others, as appropriate, will be held to discuss the schedules
referred to in Paragraph 2.6, to discuss procedures for handling submittals,
and for processing Applications for Payment, and to establish a working
understanding among the parties as to the scope and details of the Work.
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SC-5.4
CONTRACTOR'S Liability Insurance
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The limits of liability for the insurance required by Paragraph 5.4 of the
General Conditions shall provide coverage for not less than the following
amounts, or greater where required by law.
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Workers' Compensation:
(1) State:
(2) Applicable Federal:
(3) Employer's Liability:
Statutory for the State of Connecticut
Statutory
$100,000.00
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Commercial General Liability:
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(1) Bodily Injury:
$1,000,000
$1,000,000
Each Occurrence
Aggregate
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(2) Property Damage:
$1, 000,000
$1,000,000
Each Occurrence
Aggregate
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SC-2
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Blanket contractual Liability Insurance:
(1) Bodily Injury:
$1,000,000
$L 000,000
Each Occurrence
Aggregate
(2) Property Damage:
$1,000,000
$LOOO,OOO
Each Occurrence
Aggregate
All of the above reguired Liability and Property Damage Insurance Policies
shall include the CNVNER and the ENGINEER as an additionalinsured; otherwise an
CNVNER'S Contingent Policy shall be furnished covering Public Liability and
Property Damage Insurance in the amounts stipulated above, and must, in
addition, contain a "hold harmless" clause as required by Paragraphs 6.31,
6.32 and 6.33 of the General Conditions covering the indemnification of the
CNVNER and the ENGINEER. All insurance policies shall be endorsed to provide
protection against the following special hazards:
(a) Blasting or explosion
(b) Damage to existing utilities
(c) underground damage
(d) Damage to adjacent or downstream property during construction
(e) Collapse
SC-16
Dispute Resolution
There is no dispute resolution agreement included in these Contract Documents;
supplement Paragraph 16 with the following paragraph:
"All disputes will be settled in accordance with the laws of the State of
Connecticut."
SC-2l Identification of SUBCONTRACTORS
Each BIDDER shall submit with his Bid, SUBCONTRACTOR'S proposed to be utilized
for various portions of the Work. See Item 10 in the Instructions to Bidders
for further information.
SC - 3
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PROJECT Dcx-PHIN e.e~6AJr
LOCATION: CITY OF /-JEW I.DNDON
NEw lo,,-,=,,-, 6>wlV[Y) CDN"-JECpCLJT
WATERWAY: NE.w LDNOON HARJ:0R..
DATE: MA R-el-i /9"'e,
APPLICANT: F'J'5H €.R.5 1~l..AN 1)
Ff;(G R.Y DIST R.1t:.T
AGENT. SHEET I OF Z.
DOCKO, INC.
KEITH B. NEILSON, P.E.
P,O, BOX 42 L MYSTIC. CT 06355
203572 8939 FAX 572 7569
N I,: ReoPt=IGTY 0,: THE:
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PROJECT T:.::.ot.PHIN R.lE:PL~CE:.He.NT
LOCATION: C'lY OF- NEW LoNf)oN
NE.W LONDON COUNTY) CONAJEC.Tlc.uT
WATERWAY. NE.w LONOON I-fA€.6D/i?..
DATE: MAR..CH Iqq~
APPLICANT: F'1'5 HE./i?..S IS<..AJ\iO
t=E.<?J<.y' DISTRICT
AGENT. SHEET 2 OF 2.
DOCKO. INC.
KEITH B. NEILSON. P.E.
P.O. BOX 421. MYSTIC. CT 06355
203572 8939 FAX 572 7569
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NOTICE OF A WARD
Dated
,19_
TO:
(BIDDER)
ADDRESS:
PROJECT
OWNER's CONTRACT NO.
CONTRACT FOR
(Insert name of COnlrdC! as it appears in the Bittding Documents)
You are notified that your Bid dated , 19_ for the above Contract
has been considered. You are the apparent Successful Bidder and have been awarded a contract for
(Indicate tola] Work. alternates or sections or Work awarded)
The Contract Price of your contract is
Dollars ($ ).
[Insert appropriate data in re Unit Prices. Change language for Cost-Plus contracts.]
_ copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
_ sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within fifteen days of the date of this Notice of
Award, that is by
,199_.
1. You must deliver to the OWNER _ fully executed counterparts of the Agreement including all the
Contract Documents. This includes the triplicate sets of Drawings. Each of the Contract Documents must
bear your signature on (the cover) (every) page (pages ).
2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions
to Bidders (paragraph 18), General Conditions (paragraph 5.1) and Supplementary Conditions (paragraph
SC-5.1).
E - 1
EJCDC No. 1910-22 (1990 Ed;l;on)
Prepared by the Engineers Joint Contract Documents Commillcc lInd endorsed by The Associated Geneml Contmctors of America.
3. (List other conditions precedents).
Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid in
default, to annul this Notice of Award and to declare your Bid Security forfeited.
Within ten days after you comply with the above conditions, OWNER will return to you one fully signed
counterpart of the Agreement with the Contract Documents attached.
(OWN ERl
By:
(AUTHORIZED SIGNATURE)
(TITLE)
ACCEPTANCE OF AWARD
(CONTRACTOR)
By:
(AUTHORIZED SIGNATURE)
(TITL.E)
(DATE)
COpy to ENGINEER
(Use Certified Mail.
Return Receipt Requested)
E - 2
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Nal'lCE TO PROCEED
Daled
,19
TO:
(CONTRACTOR)
ADDRESS:
PROJECT
OWNER's CONTRACT NO.
CONTRACT FOR
(lnsen name ofContntCt a~ it appears in the Bidding Documents)
You are notified that the Contract Times under the above contract will commence to run on
19 _' By that date, you are to start performing your obligations under the Contract Documents. In
accordance with Article 3 of the Agreement the dates of Substantial Completion and completion and readiness for
final payment are , 19 _ and , 19 _ .
Before you may start any Work at the site, paragraph 2.7 of the General Conditions provides that you and
Owner must each deliver to the other (with copies to ENGINEER and other identified additional insureds)
certificates of insurance which each is required to purchase and maintain in accordance with the Contract
Documents.
Also before you may start any Work allhe site, you must
(a<.ldolhcrrcquircmcnls)
{OWNER)
By:
(AUTHORIZED SIGNATURE!
(TITLE)
ACCEPTANCE OF AWARD
By:
(CONTRACTORI
CALJTlllllUZEIl SIGNATljl~E1
(TITLE)
(DATE)
Copy to ENGINEER
(Use Certified Mail,
Return Receipt Requested)
EJCDC No. 1910-23 (1990 Edition) E - 3
Prepared by the Engineers Joint Contracl Doculllents Committee and endorsed hy The Associaled General Contractors of Americ<l.
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APPLICATION FOR PAYMENT NO.
To
(OWNER)
Contract for
OWNER's Contract No.
. ENGINEER's Project No.
For Work accomplished through the date of
CONTRACTOR's Schedule of Values Work Completed
ITEM
Unit Price Quantity Amount Quantity Amount
$ $ $
Total $ $
(Orig. Contract)
C.O. No.1
c.o. No.2
Accompanying Documentation:
GROSS AMOUNT DUE .................... $
LESS _ % RETAINAGE ................ $
AMOUNT DUE TO DATE .................. $
LESS PREVIOUS PAYMENTS ............ $
AMOUNT DUE THIS APPLICATION .... $
CONTRACTOR'S Certification:
The undersigned CONTRACTOR certifies that: (I) all previous progress payments received from OWNER on
account of Work done under the Contract referred to above have been applied to discharge in full all obligations
of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered I
through inclusive; (2) title to all Work, materials and equipment incorporated in said
Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment
free and clear of all liens, claims, security interest and encumbrances (except such as are covered by Bond
acceptable to OWNER indemnifying OWNER against any such lien, claim, security interest or encumbrance);
and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not
defective as that term is defined in the Contract Documents.
Dated
,19
CONTRACTOR
By
(Authorized Signature)
Payment ofthe.above AMOUNT DUE THIS APPLICATION is recommended.
Dated
,19
ENGINEER
By
(Authorized Signature)
I
Elcne No. 1910-4l-E (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
E - 4
E - 5
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APPLICATION FOR PAYMENT
INSTRUCTIONS
A. GENERAL INFORMATION
This standard form is intended as a guide only. Many projects require a much more
extensive form with space for numerous items, descriptions of Change Orders, identifica-
tion of variable quantity adjustments, summary of materials and equipment stored at the site
and other information. It is expected that a separate form will be developed by Engineer or
Contractor at the time Contractor's Schedule of Values is finalized. Note also that the
format for retainage must be changed if the Agreement permits (or the Law provides), and
Contractor elects, the deposit of securities in lieu of retainage. Refer to Article 14 of the
General Conditions for provisions concerning payments to Contractor.
B. COMPLETING THE FORM
The Schedule of Values, submitted and approved as provided in paragraphs 2.6.3 and 2.9 of
the General Conditions, should be copied in the space indicated on the Application For
Payment form. Note that the cost of materials and equipment is often listed separately from
the cost of their installation. All Change Orders affecting the Contract Price should be
identified and include such supplemental Schedules of Values as required for progress
payments.
The form is suitable for use in the Final Application for Payment as well as for Progress
Payments; however, the required accompanying documentation is usually more extensive
for final payment. All accompanying documentation should be identified in the space
provided on the form.
C. ENGINEER'S REVIEW
Engineer must review all Applications for Payment with care to avoid recommending any
payments not yet earned by Contractor. All accompanying documentation of legal nature,
such as lien waivers, should be reviewed by Owner's attorney, and Engineer should so
advise Owner.
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CHANGE ORDER
(Instructions on reverse side)
No.
PROJECf ..........................................
DATE OF ISSUANCE
EFFECfIVE DATE ............. ..... ............... ..........
OWNER
...................................................................................................................
OWNER's Contract No.
....................................
CONTRACIDR ..................................
ENGINEER
...................................................
You are directed to make the following changes in the Contract Documents.
Description:
Reason for Change Order:
Attachments: (List documents supporting change)
CHANGE IN CONTRACT PRICE:
CHANGE IN CONTRACf TIMES:
Original Contract Price
Original Contract Times
Substantial Completion:
Ready for final payment:
day~ or dates
$
Net changes from previous Change Orders No. _ to No. _
Net change from previous Change Orders No. _ to No. _
$
days
Contract Price prior to this Change Order
Contract Times prior to this Change Order
Substantial Completion:
Ready for final payment:
$
daYSf){'dales
Net Increase (decrease) of this Change Order
Net Increase (decrease) of this Change Order
$
day.
Contract Price with all approved Change Orders
Contract Times with all approved Change Orders
Substantial Completion:
Ready for final payment:
$
da~ordates
RECOMMENDED:
APPROVED:
ACCEPTED:
By:
By:
By:
ConInK:tor (Authorized Sipatu~)
Ownu (Authorized Sipatun:I
Engineer (Authorized Sipatun:)
Date:
Date:
Date:
EJcne No. 1910-8-B (1990 Edition) E - 6
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
CHANGE ORDER
INSTRUCTIONS
A. GENERAL INFORMATION
This document was developed to provide a uniform format for handling contract changes that affect Contract
Price or Contract Times. Changes that have been initiated by a Work Change Directive must be incorporated into
a subsequent Change Order if they affect Contract Price or Times.
Changes that affect Contract Price or Contract Times should be promptly covered by a Change Order. The
practice of accumulating change order items to reduce the administrative burden may lead to unnecessary
disputes.
If Milestones have been listed any effect of a Change Order thereon should be addressed.
For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Times,
a Field Order may be used.
B. COMPLETING THE CHANGE ORDER FORM
Engineer initiates the form, including a description of the changes involved and attachments based upon
documents and proposals submitted by Contractor, or requests from Owner, or both.
Once Engineer has completed and signed the form, all copies should be sent to Contractor for approval. After
approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of
executed copies after approval by Owner.
If a change only applies to Contract Price or to Contract Times, cross out the part of the tabulation that does not
apply.
E - 7
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CERTIFICATE OF SUBSTANTIAL COMPLETION
PROJECT................................... .
DATE OF ISSUANCE ........
........................................................-............................
OWNER............................................................................................................ .
OWNER's Contract No. ............................
CONTRAcroR ..................................... ENGINEER.............................................
This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following
specified parts thereof:
TO
...................................................................................................................
OWNER
And To ...............................................................................................................
CONTRAcroR
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The Work to which this Certificate applies has been inspected by authorized representatives of OWNER,
CONTRAcroR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance
with the Contract Documents on
...........................................
DATE OF SUBSTANTIAL COMPLETION
A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the
failure to include an item in it does not alter the responsibility of CONTRAcroR to complete all the Work in
accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by
CONTRACTOR within days of the above date of Substantial Completion.
EJCDC No. 1910-$-0 (1990 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed by The Associated General Contractors of America.
E -8
From the date of Substantial Completion the responsibilities between OWNER and CONTRACIDR for security,
operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows:
RESPONSIBILITIES:
OWNER:
CONTRAClDR:
The following documents are attached to and made a part of this Certificate:
{For items to be attached see definition of Substantial Completion as supplemented and other specifically noted
conditions precedent 10 achieving Substantial Completion as required by Contract Documents.]
This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor
is it a release ofCONTRACIDR's obligation to complete the Work in accordance with the Contract Documents.
Executed by ENGINEER on
......................... , 19.....
ENGINEER
By: ...................................................................
(Authorized Signature)
CONTRAClDR accepts this Certificate of Substantial Completion on ...................... , 19 .....
CONTRAClDR
By: ...................................................................
OWNER accepts this Certificate of Substantial Completion on .............................,19.....
OWNER
By: ...................................................................
(Authorized Signature)
E - 9
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"_...IENT ~ iCT NAME
CLARENCE WEL TI ASSOC., INC. DOCKO INC. FISHERS ISLAND F<Roy nlSyo'"T
P.O. BOX 397
GLASTONBURY, CONN 06033 LOCATION
NEW LONDON, CY
DRILLING PROCEOURES: , 1.,2.,3.,4.. (Setect one or more) HOLE NO. 1 Surface Elevation
1. HOllOW STEM AUGER. Diameter GROUND WATER OBSERVATIONS START
2. DRIVEN CASING. Diameter , nil DATE '0/8/92
3. DRILLEO CASING. Oiameler AT_ FT.AFTEA-A.-HOUAS
4. ROCK CORING. Diameler . type FINISH '0/8/92
AT _ FT AFTeR_HOOAS DATE
D SAMPLE STRA rUM DESCRIPTION
E REMARKS
P A
Y NO BlOWSJ6" DEPTH .. DEPTH
H
BLK.ORGANIC SILT,L1TTLE WOOD
5 , '-'8-2 5.0'-6.51 5.0'
GR.CRS-FINE GRAVEL,SOME FINE-MED.
SAND,TR.SILT
10 2 64-4'-'8 10.01-11.51 10.0'
15 3 6-'-'4 15.0'-16.51 GR.FINE-MED.SAND,BLK.ORGANIC SILT
LAYERS,TR.WOOD
20 4 6-3-9 20.0'-21.5'
22.0'
25 5 4-6-" 5.0'-26.5'
BR.FINE SAND,LITTLE SILT,
TR.CtAY LAVERS
30 6 8-'0-13 ~O.O'-31.51
35 7 12-'4-'8 5.01-36.5'
36.51
BOTTOM OF BORING 36.5'
40 18.D'OF WATER i 9:00 AM
LEGEND: CoI A
1401b Wt )( 30" fall on 2" 0.0. Sampler Driller" BROMLEY
Sample Type Proportions Used Cohesionless Density Cohesive Consistency Helper-
D_Dry C '" Cored W... Washed trace o to 10% 0-10 lOOM Q-4 Soh
UP - Undisturbed PIston Imle 10 to 20% 1()..30 Meet.Dense 4-8 M/Stiff Inspector:
TP _ Test Pit A _ Auger V _ Vane Tesl some 20 to 35% 30-50 Den.. 8-15 Stiff
UT _ Undisturbed Thinwall and 35 to 50% 50 + VeryOense 15-30 V.Stiff Shoe' 1--0' L-
,. Unless otherwise agreed. umples will be held by Welti Associates a maximum of 60 days after boring completion.
2. W.'.r reltdlngs represenl driller observations - not interpretations.
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~~IENT 1,1, .::cr NAME
CLARENCE WEl TI ASSOC.. INC. DOCI(O INC. FISHERS ISLAND FERRY DISTRICT
P.O. BOX 397
GLA5TONBURY. CONN 06033 LOCATION
NEW LONDON. CT
DRILLING PROCEDURES , 1.2..3, .c. (Select one or more) HOLE NO.2 Surface Elevation
1. HOlLOW STEM AUGER. D.ameler
2. DRIVEN CASING. Diameter 3.0" GROUND WATER OBSERVATtONS START 10/7/92
3. DRILLED CASING. D'ameter DATE
AT _ FT AFTER ---L-HOURS
4 ROCK CORING. Diameter & type FINISH 10/7/92
AT _ FT AFTER_MOURS DATE
D SAMPLE STRATUM DESCRIPTION
E
P A REMARKS
T NO. BLQWS/6" OEPTH + DEPTH
H
BLK.DRGANIC SILT,TR.SHELLS
5 1 1-0-0 5.01-6.5' .
7.01
10 2 12-14-10 10.0'.11.5'
15 3 9-11-12 15.0'.16.51
20 4 6-5-6 20.0'.21.51
BR.FINE SAND,TR.SILT
25 5 5.6-7 25.D'-26.5'
.
30 10 8-10-11 30.0'1-31.51 . 30.01
sa.FINE SAND,LITTLE SILT,
TR.Q.AY LENSES
35 f 0- 0<- I' 5.0' -36.5'
36.5'
BOTTOM OF BDR I NG 36.5'
40 18.0' OF WATER Q 2:00 PM
lEGEND: CoI A BROMLEY
140lb W1. )( 30" fall on 2" 0.0, Sampler Driller
Sample Type Proportions Used Cohesionless Density Cohesive Consistency Helper
O",Ory C ,., Cored W '" Washed trace o 10 10% ().1Q loose 0-4 50h
UP"" UndIsturbed Piston little 10 to 20% 1~3O Med.Dense 4-8 M/Sliff Inspector'
TP-Test PIt A--Auger V-Vane Tesl some 20 to 35% 3O-SO Dense 8-15 Stiff
UT", Undlslurbed Thlnwall and 35 to 50% SO + Very Dense 15030 V-Stiff Sheet 1.- of L-
1. Unless olherwise agreed. umpl.s will be held by Wel1i Associates a maximum of 60 days after boring completion.
2 W.ter ".dings represent driller observatIons - n01 inlerpretations.
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..AlENT ~.. #cCT NAME
CLARENCE WEL TI ASSOC., INC. DOClCO INC. FISHERS ISLAND FERRY DISTRICT
P.O. BOX 397
GLASTONBURY. CONN 06033 lOCATION
NEW LONDON, CT
DRILLING PROCEDURES' , 1 . 2., 3.. 4, (Select one Of more) HOlE NO. :J Surt~ Elev8lion
1. HOllOW STEM AUGER. DIameter GROUND WATER OBSERVATIONS START 10/6/92
.. DRIVEN CASING, D.emeler 3.011
DATE
3. DRILLED CASING. Oi.meter AT _ FT. AFTER -L-HOURS
4. ROCK CORING. Diameter . 'ype F'NISH 10/6/92
AT _ ".AFTER_HOURS DATE
D $AMPLE STM rUM DESCRIPTION
E REMARKS
P A
T NO. BlOWSl6" DEPTH + DEPTH
H
. BLK.ORGANIC SILT,TR.WOOD & SHELLS
5 1 1-0-0 5.0'-6.5'
7.0'
.
1D 2 6-7-8 10.0'-11.5'
BR.FINE SAND,TR.SILT
15 3 8-12-14 15.01-16.5'
I
20 . 20.01
I 4 L Y-Y-ll 20.01-21.5'
.
I 25 5 5-6-7 5.0'-26.5'
GR.FINE SAND,LITTLE SILT
I .
30 10 r 0-,-8 1"5.0'-26.5'
I 31.5'
BOTTOM OF BORING 31.5'
I 35 0-'-8 0.0'-31.5'
13.0' OF WATER B 12:00 NOON
I 40
LEGEND: CoI A BROMLEY
I 140lb WI. x 30" fall on 2" 0.0. Sampler Driller:
S.mple Type PrOPOr1ions Used Cohesionl.ss Density Cohesive Consistency Helper:
O=Ory C ,. Cored W = Washed uace 01010% 0-' 0 loose G-4 Soft
UP =: UndlSlurbed Piston llnle 101020% 10-30 Med.Dense 4-8 M/Sti" Inspeclor'
TP", Tesl Pit A", Auger V c Vane Tesl some 20 10 35% JO.50 Dense 8-15 Stiff
UT c UndlSlurbed Thlnwall and 35 to 50% 50 + Very-Dense 15-30 V.Stiff Sheet !....--. of L-
I 1. Unless otherwise agreed, semples will be held by Welti Associates a maximum 01 60 days after boring completion.
2 Weter reedings represent driller observations - n01 interpretations.
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COntracror......................................... .
Date..............................
Time................................
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Project..................... .
PILE DRIVING
RECORD
Location............................................ .
Contract No......... ...............................
Pile No..... ... .................... .Location.................................................
Ordered length................................Length placed in leads............................Splices. Type and No.............................
Elevation, BottOm of excavation...................., Cut off....................... Pile Tip......................Pay Length......................
Type and Size of Pile................................................Batter........................Weight of Pile Ot MandreL.....................
(U wood. ai~ species)
Make, Type and Number of Hammer...........................................................:.. ............... ............................................
Measured Stroke. S. A...........................Rated Strokes per Minute. S.A......................... ...... D.A.................................
~of IlIowt per hconI<d ~of -per ha>nIed ~of -... 1l<<ooIod ~of BIon ... 1l<<ooIod Oepcb of -... -=,
- - - Suoka
1'00< per MinUIC 1'00< pet Minute 1'00< ...- 1'00< per Minute PoiaI 1'00< ... -)&;
0-2 30-31 55-56 80-81 105-106
2-4 31-32 56-57 81-82 . 106-107
4-6 32-33 57-58 82-83 107-108
6-8 33-34 58-59 83-84 108-109
8-10 34-35 59-60 84-85 109-110
10-11 35-36 60-61 85-86 110-111 I
11-12 36-37 61-62 86-87 111.112
12-13 37-38 62-63 87-88 112-113
1:1-14 38-39 63-64 88-89 113-114
14-15 39-40 64-65 89-90 114-115
15-16 40-41 65-66 90-91 115.116
16-17 41-42 66-67 91-92 116-117
17-18 42-43 67-68 92-93 117.118
18-19 4344 68-69 93-94 118-119
19-20 44-45 69-70 94-95 119-120
20-21 45-46 70-71 95-96 120-121 J
21-22 46-47 71-72 96-97 121-122
22.23 47-48 72-13 97-98 122-123
23-24 .48-49 13-74 98-99 123-124
24-25 49-50 74-75 99-100 124-125 I
25-26 50-51 75-76 100-101 125.126
26-27 51-52 . 76-77 101-102 126-127
27-28 52-53 77.78 102-103 127.128 I
28-29 53-54 78-79 103.104 128.129
29-30 54-55 79-80 104-105 129-130
Engineer in Chill'ge
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No. of blows last 61'............................Last 3"............................Last 2"............................Last I"..............................
Rated Capacity of Pile....................Tons
Remarks:
....................................................................................
~ '"
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FISHERS ISLAND FERRY DlSTRICI'
OOLPHIN REPLACEMENT
MARCH 1993
TIDlNICAL SPOCIFICATI<I'lS
TABLE OF CCNI'ENTS
PAGE
SECI'ION 01000 - GENERAL DESCRIPI'ION & REQUIREMENTS
101
SECI'ION 02060 - ENVIRONMENTAL PROTECI'ION
201
SECI'ION 02061 - EQUIPMENT
SECI'ION 02069 - OBSTRUCI'ION TO NAVIGATION
203
204
SECI'ION 02070 - REMOVALS
205
SECI'ION 02900 - TIMBER PILES
206
101
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FISHERS ISLAND FERRY DISTRIcr
DOLPHIN REPLACEMENT
MARCH 1993
SEcrION 01000 - GENERAL DESCRIPI'ION AND REQUIREMENl'S
1. SCOPE AND SEQUENCE OF w::lRK
A. The scope of work for this project includes:
Remove four existing dolphins, two 5 pile dophpins and two 7 pile
dolphins, and install two new -; pile dolphins as shown on the
contract drawings.
B. Due to the need for continuous operations of the fishing fleet while
construction is in progress, the sequence of the work shall be
closely coordinated with the Ferry District, and changes to the
approved oonstruction schedule shall require prior CWNERS approval.
The contractor must anticipate that all work will be acccxnplished
from the water so as not to impose operational restrictions on the
Ferry.
2. LCX:ATION
The work is located at the Fishers Island Ferry's New London terminal, in
New London, Connecticut. Mean range of the tide is approximately 2.7
feet; high tide is approximately 4 feet above MLW. Although the areas of
work are generally protected, there is oonstant surge and the site is
exposed to strong winds and waves from northeast through the southwest.
The contractor should expect that the ferries will maintain normal levels
of activity during the progress of the work. In addition, the site is
located adjacent to the United States Coast Guard dock for the Buoy Tender
"RErw:JOD", several Federally maintained projects (two anchorages and a
channel) with seasonally heavy recreational boating traffic. Care must be
.taken during all maneuvering in and around the slips.
3. APPLICABLE DOCUMENTS
Publications, specifications, and standards listed in this specification
form a part of this specification to the extent indicated by the reference
thereto. The issue in effect on the date of issuance of the Invitation
for Bids, plus all addenda, unless otherwise indicated, shall apply.
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4.
INTENl' OF DRAWINGS AND SPECIFICATIONS
The intent of the drawings and the specifications is to set forth the
criteria for the canpletion of the scope of work listed above, in every
detail that is described therein. The Contractor shall furnish all labor,
material, equipnent, tools, transportation, necessary supplies and an
adequate force of properly trained, experienced personnel, such as may be
reasonably required to complete the work in accordance with the drawings
specifications and terms of the contract.
5.
INSPECI'ION
The Contractor shall keep the Engineer
operations and plans so that he may arrange
when work is being perfonned.
fully infonned of contract
to be present at various times
6.
HOURS OF WJRK
All construction operations shall be perfonned between the hours of
7:00 a.m. and 6:00 p.m. local time, Monday through Saturday inclusive. If
the Contractor desires to carryon work beyond these hours or on Sundays,
holidays, he shall sutmit an application to the Engineer, for approval by
the City, at least 72 hours in advance. No work outside of the regular
hours established above shall be undertaken without prior approval.
7. UTILITIES
The Contractor shall furnish all utilities necessary for the
acccxnplishment of the work, including but not limited to electricity,
heat, water and light.
The Contractor shall be aware that water and electricity run along the
ramps and bulkhead and shall protect these utilities and the safety of his
personnel and the public. Any disassembly of or damage to these utilities
caused by the Contractor will be repaired to pre-existing conditions at
the Contractor's expense.
The Contractor shall notify CALL BEFORE YOU DIG upon receipt of the Notice
to proceed and furnish the Owner and Engineer written evidence of the
confirmation number.
8.
TOILET FACILITIES
The Contractor shall provide adequate rest room and toilet facilities for
the use of the workers.
102
Before beginning operations, there will be a pre-construction conference
during which the Contractor shall sutrnit a written schedule of the
accomplishment of the contract work i terns. The Contractor shall also
coordinate a "Notice to Mariners" with the Coast Guard regarding his
operations. The Contractor shall also coordinate with the Coast Guard, in
advance, any relocation or other movement aids to navigation, should such
become necessary due to needs of special equipment.
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9. COORDINATION OF WJRK WITH OPERATIONS
10. EXISTING STRUCTURES AND FACILITIES
There are numerous structures around the perimeter of the ferry berthing
slips. The Contractor shall take all reasonable precautions necessary to
protect these facilities while conducting operations.
11. OBSTRUCTION TO NAVIGATION - The Owner will undertake to keep the west slip
free from vessels or other obstructions to the work and will work with the
Contractor to establish a balance between the operational needs of the
ferries having access to the docks and fish processing buildings, and the
needs of the Contractor to have access to the slips for the work. The
Contractor shall conduct the work in such a manner as to obstruct
navigation as little as possible. In case the Contractor's equipment so
obstructs the channel and/or anchorages so as to make difficult or
endanger the passage of vessels, said equipment shall be promptly moved on
the approach of any vessel to such an extent as may be necessary to afford
a practical passage. in order to present the minimum obstruction to
navigation, the Contractor shall promptly remove his equifX1lent upon
completion of the work.
103
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12. MATERIAL STORAGE
The Contractor may not store materials at the site.
13 . MATERIALS AND SHOP DRAWINGS APPROVAL
1. Samples, catalog cuts, shop drawings and other infonnation shall be
sutrnitted by the Contractor as required herein and as necessary to
secure approval of the materials and methods to be incorporated into
the work.
2. Four copies of shop drawings, catalogs and other printed infonnation
shall be sutrnitted. One copy of printed matter will be returned to
the Contractor for his use.
3. Sutrnittals shall be numbered and dated sequentially and shall include
other infonnation required such as reference to specification section
number.
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14. METHODS OF MATERIAL QUALIFICATIONS
To danonstrate that materials to be incorporated into the work conform to
specifications, the Contractor may use any of the following methods:
1. Certificates of ccmpliance with specification requirements signed by an
authorized officer of the manufacturer, processor or approved trade
association involved. Such certificates shall show the name and
address of the Contractor and the name and location of the project.
2. Labeling by the manufacturer on unbroken/unopened =ntainers.
3. Official marking or labeling by a nationally recognized grading
organization or national code association indicating ccmpliance.
15. FIELD ENGINEERING/LAYOUT OF THE OORK
The Contractor shall be responsible for the establishment of vertical and
horizontal control, verification of locations of existing structures and
all surveying required for the work.
16. RECORD DRAWINGS
1. The Engineer will furnish one ccmplete set of prints of the contract
drawings which shall be used to indicate all changes from the contract
set. Each sheet shall be marked "RECORD DRAWINGS" in red pencil. and
all changes or modifications shall be noted thereon by the Contractor.
2. Submit the ccmplete set of the record drawings to the Engineer when all
work has been ccmpleted, or as directed.
104
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FISHERS ISLAND FERRY DISTRIcr
OOLPHIN REPIACEJI1ENI'
MARCH 1993
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SECI'ION 02060 - ENVIRONMENTAL PROTEcrION
I
1. GENERAL: This section covers prevention of environmental pollution
and damage as a result of construction and other operations under this contract
and for those measures set forth in other Technical provisions of these
specifications. For the purpose of this specification, environmental pollution
and damage is defined as the presence of chemical, physical, or biological
elements or agents which adversely affect human health or welfare; unfavorably
alter ecological balances of importance to human life; affect other species of
importance to man; or degrade the utility of the environment for aesthetic,
cultural and/or historical purposes. The control of environmental pollution
and damage requires consideration of air, water, and land, and includes
management of visual aesthetics, noise, solid waste, radiant energy and
radioactive materials, as well as other pollutants.
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2. QUALITY CONTROL: The Contractor shall establish and maintain quality
control for environmental protection of all items set forth herein. The
Contractor shall record on daily reports any problems in complying with laws,
regulations and ordinances and corrective action taken.
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3. IMPLEJI1ENI'ATION: The Contractor shall familiarize himself with all
Federal, State and local laws, regulations and Connecticut DEP policies
concerning environmental protection, pollution control and abatement that are
applicable to the proposed operations and the requirements imposed by those
laws, regulations and pennits. Prior to ccmnencement of the work the
Contractor will be required to meet with the Engineer to develop a mutual
understanding relative to ccmpliance and administration of the environmental
protection program.
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4. NOTIFICATION: The Engineer will notify the Contractor verbally, and
confirm, in writing, of any observed nonccmpliance with the applicable Federal,
State and local laws or regulations and pennits. The Contractor shall, after
receipt of such notice, inform the Engineer of proposed corrective action and
take such action as may be approved. If the Contractor fails to ccmply
prcmptly, the Engineer may issue an order stopping all or part of the work
until satisfactory corrective action has been taken. No contract time
extensions shall be granted or costs or damages allowed to the Contractor for
any such suspension.
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5. PROTEcrION OF ENVIRONMENTAL RESOURCES: The environmental resources
within the project boundaries and those which might be affected outside the
limits of permanent work under this contract shall be protected during the
entire period of this contract. The Contractor shall confine his activities to
areas defined by the drawings and specifications. Environmental protection
shall be as stated in the following sub-paragraphs.
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201
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5.01 Protection of Land Resources: Prior to the beginning of any work
the Engineer will identify areas and resources of concern to be
preserved wi thin the Contractor 0 s work area. These will include,
but not be limited to, the wood dock systems, the stone piers,
dolphins, fish processing buildings and equipment or other resources
specified in the permits.
5.02 Protection of Water Resources: The Contractor shall keep
construction activities under surveillance and control to avoid
pollution of the water and to minimize interference with,
disturbance to and damage of fish and wildlife habitat in accordance
with conditions of the permits.
5.03 Protection of Air Quality: The Contractor shall keep all
construction and other related activities under surveillance,
management and control to minimize air pollution. All activities,
equipment, processes, and work operated or performed by the
Contractor in accanplishing the specified construction shall be in
strict accordance with regulations of the State and all Federal
emission and performance laws and standards. Ambient Air Quality
Standards set by the Environmental Protection Agency shall be
maintained for all construction operations and acti vi ties. Special
management techniques shall be implemented, as necessary, to
control air pollution by the construction activities which are
included in the contract. Hydrocarbons and carbon m::moxid emissions
fran equipnent shall be controlled to Federal and State allowable
limits at all times. Odors shall be controlled to the extent
practicable at all times for all construction activities, processing
and preparation of materials. Material odors, such as asphaltic
concrete, are not subject to these controls.
5.04 Noise: The Contractor shall keep construction activities under
surveillance, and control to minimize damage to the environment by
noise. The Contractor shall use methods and devices to control
noise emitted by equipment. The Town has restrictive ordinances
which apply to work hours and noise levels and which will govern
operations during construction.
6. POST CONSTRUCTION CLEAN UP: The Contractor shall clean up all areas
used for construction, storage, staging, delivery, etc.
7. RESTORATION OF DAMAGED RESOURCES: The Contractor shall restore all
land or aquatic resources damaged or destroyed, by his equipment or its usage,
during operations outside the limits of the approved work areas. This work
will be accanplished at the Contractors expense.
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FISHERS ISLAND FERRY DISTRICT
OOLPHIN RECONSTRUCTION
MARCH 1993
SECI'ION 02061 - EQUIPMENr
1. SUFFICIEN!' CAPACITY: The Contractor shall keep on the job sufficient
equipment to meet the requirements of the work. The equipment shall
be in satisfactory operating condition and be capable of safely and
efficiently perfonning the work. The equipment shall be subject to
inspection by the Engineer and lor his representatives at all times.
2. MINIMUM CAPACITY: The equipment listed on the Equipment Schedule,
sutmitted with the bid, is the minimum which the Contractor shall
place and keep on the job unless otherwise detennined by the Engineer.
The listing of equipment is not to be construed as an agreement on the
part of the OWner that the equipnent is adequate to perform the
required work but is rather a means by which the Contractor's
capabilities to perform the work may be evaluated.
3. REDUCTION IN CAPACITY: No reduction in the capacity of the equipment
employed on the work shall be made except by written pennission of the
Engineer. The measure of the capacity of the equipment shall be its
actual performance on the work covered by this contract. The
Contractor will still be obligated to canplete the work within the
contract period and within the prescribed work hours and days.
4 . LICENSE REQUIREMENTS:
A. Equipment operators must be canpetent with the specific equipnent
or machinery used on this project; persons operating equipnent
requiring a license or other certification of ability Federal,
state, local or otherwise, shall have such license or certificate
in their possession at all times when they are operating that
equipment.
B. Each water vessel exceeding twenty-six feet in length, excluding
sheer, which is used for pushing, hauling alongside, or any other
method of towing, and not required by law to have a valid
Certificate of Inspection by the U.S. Coast Guard, shall be under
the actual direction and control of a licensed Captain for the
geographic area of the work by the U.S. Coast Guard and operating
in accordance with all pertinent rules and regulations governing
the operation.
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FISHERS ISLIIND FERRY DISTRICT
OOLPHIN REPLACEMENl'
MARCH 1993
SECTION 02069 - OBSTRUCTION 'lD NAVIGATION
1. OBSTRUCTION 'lD NAVIGATION: The Owner will not undertake to keep the docks
free from vessels or other obstructions to the -work; the Ferry District will
-work with the Contractor to establish a balance between the operational needs
of the boats having access to the docks, and the needs of the Contractor to
have access to the docks and slips for the -work. The Contractor shall conduct
the -work in such a manner as not to obstruct navigation of the ferries. If the
Contractor's equiprent does obstruct the channel and/or anchorages so as to
make difficult or endanger the passage of vessels, said equipnent shall be
promptly moved on the approach of any vessel to such an extent as may be
necessary to afford safe and practical passage. In order to present the
minimum obstruction to navigation, the Contractor shall promptly remove his
equipnent upon the completion of the work.
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FISHERS ISLAND FERRY DISTRIcr
DOLPHIN REPIACEMENI'
MARCH 1993
SEcrION 02070 - REMJVALS
PART 1 - GENERAL
1. DISPOSITION OF REMJVED MATERIALS
All removed materials, except those designated for reuse or salvage shall
become the property of the Contractor and shall be disposed of off-
site, in accordance with all applicable Federal. state and local laws,
ordinances and regulations, at no additional cost to the OWNER.
PART 2 - MATERIALS - No materials are required.
PART 3 - REMOVAL OPERATIONS
1. Removals shall be performed without any damage to existing work which
is to remain. Any items which are to remain and which are damaged by
the Contractor 0 s operations shall be repaired or replaced to the
satisfaction of the Engineer.
2. Timber piles shall be removed in their entirety by extraction and shall
not be reused.
3. Debris shall be placed in approved contractor-furnished containers to
prevent the spread and accumulation of dust and dirt or dangerous stock
piles. Debris shall be removed from the area of work as often as
necessary to maintain a clean and safe work area.
4. The Contractor shall take all precautions necessary to ensure that no
debris from the removal operations falls into the water.
5. The contractor shall make provisions to retain and store debris and
salvaged materials onboard his own barge or equipment, as there is no
storage space available on the grounds of the terminal.
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FISHERS ISLAND FERRY DISTRIcr
DOCK REPLACEMENI'
MARCH 1993
SEcrION-02900 - TIMBER PILES
PART 1 - GENERAL
1.01 REFERENCE SPECIFICATIONS AND STANDARDS
.01 American Society for Testing and Materials (ASTM)
A 36 "Standard Specification for Structural Steel".
A 47 "Specification for Malleable Iron"
A 153 "Specification for Zinc Coating on Iron and Steel Hardware".
A A603 "Specification for zinc-coated Steel Structural Wire Rope".
o 25 "Standard Specifications for Round Timber Piles".
.02 American Wood-Preservers' Association (AWPA)
C18
Standard for pressure
Construction
treated material
in Marine
C3 Standard for piles - Preservative Treatment by Pressure
Processes
M4 Standard for care of Preservative-Treated Wood Products
1. 02 SUBMITTALS
.01 Certificates of compliance for piles, wire rope and galvanized
hardware.
.02 pile hanmer data and cap/cushion data if used.
.03 Treatment, chemicals and sealant for tops of cut off piles.
.04 Pile driving records for each pile (see Exhibits page E-13).
PART 2 - MATERIALS
2.01 PILES:
.01 Dolphin piles shall be Class B Southern Pine conforming to ASTM 025.
.02 Piles shall have a minimum butt diameter of 12 inches, circumference
of 38 inches, at a distance of 3 feet fran the butt; the minimum tip
circumference shall be as indicated in Table l(b) of ASTM 025.
2.02 PRESERVATIVE TREATMENT: Southern Pine piles shall be pressure preservative
treated with creosote to final net retention of 20 pounds per cubic foot
in accordance with NNPA Standard C18.
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.08 Treat all exposed cut ends in accordance with NNPA M-4.
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PART 3 - CONSTRUcrION MEI'HODS
3.01 DRIVING EQUIPMENT:
.01 pile harrrners shall be sufficient capacity to drive the piles to a
bearing capacity of approximately 20 tons, requiring a driving energy
of approximately 8,000 foot-pounds. Driving protection for the butt
of the pile is recemnended. The driving system shall transmit harrrner
energy uniformly and consistently during the entire drivi.ng period.
.02 pile driving leads or other approved methods shall be used to keep
the hammer and pile in accurate alignment during driving.
3.02 GENERAL INSTALIATION REQUIREMENTS:
.01 Inspect pile when delivered and when in the leads immediately before
driving. Any damage to the treated wood will be repaired in
accordance with NNPA M4. Cant hooks or other damaging tools shall
not be used to handle piles.
.02 All work except spotting and manual directing during placement shall
be done fran the water.
.03 Square the heads and tips of piles to the driving axis. Laterally
support piles during driving, but do not unduly restrain piles fran
rotation in the leads. Swinging leads are not permitted. Where pile
orientation is essential, take precautionary measures to maintain the
orientation during driving.
.04 Piles shall be driven to a depth of 20 feet into the bearing strata
beneath the organic layer. The bearing strata shall begin at the
point at which a blow count of 10 per foot is met or exceeded. Once
driving begins, it shall be canpleted without interruption.
.05 Jetting will not be permitted due to the need for solid embedment and
resistance to pulling.
.06 Splicing of timber pile sections will not be permitted.
.07 Cut piles off at the indicated elevation. Secure piles with new
hardware in accordance with Section 3.06 below.
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3.03 TOLERANCES:
.01 LOCATION: Dolphins shall be built in line with the existing dolphin
guide and fender system, at the approximate locations shown on the
plan, 50 and 75 feet south of the west face of the west loading ramp.
The exact location shall be determined by the Operations Manager for
the Ferry District.
.02 ALIGNMENT: The plumb piles shall be driven with a slope variation of
not lIDre than ~" per foot of pile length and battered piles, 1:;" per
foot from the required batter. Manipulating piles to force them into
position will not be permitted.
3.04 DAMAGED OR MISDRlVEN PILES: Damaged piles shall be replaced at the
Contractor's expense; misdri ven piles shall be replaced, repaired, or
pulled and redriven as directed, at the Contractor's expense.
3.05 OBSTRUCTIONS: Should unyielding subsurface obstructions be encountered,
which would damage the pile or cause it to drift substantially from its
required location, the Contractor shall withdraw the pile and drive it at
another location , as directed. The oost of withdrawing and re-driving
the pile, and the oost of any additional or compensating piles required
will be paid for at the unit price stipulated in the bid.
3.06 SECURING PILES:
.01 Bolt piles to other piles as indicated. Counter-bore for bolt heads
and recess heads 1" behind face of piles.
.02 Threaded bolts and nuts shall confom to AS'IM A307, Grade A, minimum
l~ inch diameter in all pile connections.
.03 Washers shall be cast iron OGEE type, malleable iron or steel plate
1/4" thick.
.04 Wire rope shall be 3/4" diameter, 7 x 19 solid cable in acoordance
with AS'IM A603 and utilize 3/8" galvanized pointed (not sloped)
staples. Two staples shall secure the first wrap to the first pile
and the end of the wire rope shall be embedded several inches into the
first pile. There shall be ten wraps; double clamps shall bind the
first and last wraps. 1000 pounds of tension shall be applied to the
wire rope during each successive wrap.
.05 Galvanizing All hardware shall be hot-dip galvanized
fabrication and threading of stock, in accordance with AS'IM
Nuts will be sized to fit the bolt threads after galvanizing.
after
Al53.
.06 Trim the inner face of brace and fender piles to bear against the King
Pile. Install a galvanized TECO single curve spike grid or approved
equal in each connection.
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.10 After nuts have been tightened, there shall be at least ~" of exposed
thread beyond the nuts. Paint cut bolt ends with two coats of
galvanizing repair paint. Nuts shall be checked for positive locking.
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.07 Holes for bolts shall be bored horizontally at least 12" below the top
of the pile with a bit 1/16" larger than the bolt diameter successive
through bolt installations will be separated by at least 3".
Alignrrent of bolt holes shall allow insertion by tapping; driving is
not allowed. Drill bits shall be kept sharp, producing shavings not
chips, thus minimizing damage to the wood.
.08 All drilled holes shall be thoroughly flushed with a compatible
preservative solution. Similarly, all cut timber surfaces shall be
given two brush coats of a compatible preservative solution before
installation.
.09 All bolts shall bear on washers of the type indicated under the nut
and the head. In general, not more than two (2) washers will be used
under a bolt head or nut.
.11 Galvanized coating which has been cut, burned by welding, abraded, or
otherwise damaged to the point that the base metal is exposed shall be
repaired and recoated. The damaged area shall be cleaned thoroughly
by wire brushing to remove all traces of welding flux and loose or
cracked galvanized coating before painting. The cleaned area shall be
painted with two coats of galvanizing repair paint.
3.07 BUIT TREA'IMEN'I': After pile tops are cut off to the elevations and slopes
shown, and treated, coat the top of pile with a coat of approved sealant
rraterial at least to a thickness reccmnended by the rranufacturer.
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