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HomeMy WebLinkAboutDocking Facility, New Ferry, New London Harbor - Fishers Island Ferry DistrictNOTICE TO BIDDERS NOTICE is hereby given that the Fishers Island Ferry District will receive bids for furnishing all labor, materials and equip- ment necessary for the satisfactory completion of "Construction of New Ferry Docking Facility - New London Harbor - New London Connecticut," Contract No. 1985-1 in accordance with the plans, drawings and specifications prepared by DiCesare-Bentley Engin- eers; Inc., Suite 3, Century Professional Center, 100 Fort Hill Road, Groton, Connecticut 06340 (203) 448-0400. Bids will be received at the office of the Fishers Island Ferry District, Fishers Island, New York until 1:00 p.m., Tuesday, April 23, 1985. Plans, drawings and specifications will be available at the office of DiCesare-Bentley Engineers, Inc. during normal working hours, 8:00 a.m. - 4:30 p.m., Monday through Friday. This invitation to bid is not an offer and shall in no way bind the Fishers Island Ferry District to award a contract for per- formance of the project. Should the Fishers Island Ferry Dis- trict decide to award a contract, it shall be awarded to the lowest responsible BIDDER. 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 CONTRACTOR may not withdraw his bid during this period. Bid security in the form of certified check in the amount of 5% of the Base Bid will be required of each BIDDER. Performance and Payment Bonds in the amounts of 100% of the Contract Price will be required of the successful BIDDER. Copies of the CONTRACT DOCUMENTS may be obtained at the office of DiCesare-Bentley Engineers, Inc. upon payment of $50.00 for each set. Any BIDDER, upon returning the CONTRACT DOCUMENTS within 10 days of Bid Opening and in good condition, will be refunded the payment, and any NON -BIDDER, upon so returning the the CONTRACT DOCUMENTS will be refunded $25.00. Dated: April 18, 1985 Board of Commissioners Fishers Island Ferry District NOTICE TO BIDDERS NOTICE is hereby given that the Fishers Island Ferry District will receive bids for furnishing all labor, materials and equip- ment necessary for the satisfactory completion of "Construction of New Ferry Docking Facility - New London Harbor - New London, Connecticut," Contract No. 1985-1 in accordance with the plans, drawings and specifications prepared by DiCesare-Bentley Engin- eers; Inc., Suite 3, Century Professional Center, 100 Fort Hill Road, Groton, Connecticut 06340 (203) 448-0400. Bids will be received at the office of the Fishers Island Ferry District, Fishers Island, New York until 1:00 p.m., Tuesday, April 23, 1985. Plans, drawings and specifications will be available at the office of DiCesare-Bentley Engineers, Inc. during normal working hours, 8:00 a.m. - 4:30 p.m., Monday through Friday. This invitation to bid is not an offer and shall in no way bind the Fishers Island Ferry District to award a contract for per- formance of the project. Should the Fishers Island Ferry Dis- trict decide to award a contract, it shall be awarded to the lowest responsible BIDDER. 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 CONTRACTOR may not withdraw his bid during this period. Bid security in the form of certified check in the amount of 5% of the Base Bid will be required of each BIDDER. Performance and Payment Bonds in the amounts of 100% of the Contract Price will be required of the successful BIDDER. Copies of the CONTRACT DOCUMENTS may be obtained at the office of DiCesare-Bentley Engineers, Inc. upon payment of $50.00 for each set. Any BIDDER, upon returning the CONTRACT DOCUMENTS within 10 days of Bid Opening and in good condition, will be refunded the payment, and any NON -BIDDER, upon so returning the the CONTRACT DOCUMENTS will be refunded $25.00. Dated: April 18, 1985 Board of Commissioners Fishers Island Ferry District FISHERS ISLAND FERRY DISTRICT DOCKING FACILITY, NEW LONDON, CT. The Ferry District is now asking for bids as follows: 1. The entire project. 2. Less filling-in' on the north side of the property. 3. Installation of two 13 -pile dolphins at the site of the existing ramp. RECEIVED MAR 141985 ?own Cl.* Souow" FISHERS ISLAND FERRY DISTRICT P.O. BOX H TOWN OF SOUTHOLD, NEW YORK PROPOSAL, CONTRACT, GENERAL CONDITIONS, SUPPLEMENTARY CONDITIONS AND TECHNICAL SPECIFICATIONS FOR CONSTRUCTION OF NEW FERRY DOCKING FACILITY NEW LONDON HARBOR NEW LONDON, CONNECTICUT DiCesare-Bentley Engineers, Inc. 593 Poquonnock Road Groton, Connecticut 06340 After March 22, 1985: DiCesare-Bentley Engineers, Inc. Suite 3 - Century Professional Center 100 Fort Hill Road Groton, Connecticut 06340 CONTRACT 1985-1 MARCH 12, 1985 INDEX SUBJECT Invitation to Bid ................................... Instructions to Bidders .......................... 0.. Bid...........................................60.... Agreement ................................... 0... 9... Performance Bond ...................0.......6.00..... Payment Bond .................................... 6... BidBond ............................................ General Conditions ................................. Supplementary Conditions ............................ List of Drawings .................................... EXHIBITS Notice of Award Form ................ 0............... Notice.to Proceed Form .............................. Application for Payment Form .................`........ Recommendation for Payment Form ..................... Change Order Form ................................... Certificate of Substantial Completion Form .......... PAGE I-1 to I-2 I-3 to I-6 P-1 to P-4 C-1 to C-5 B-1 to B-4 B-5 to B-7 B-8 to B-1.0 GC -1 to GC -33 SC -1 to SC -6 D-1 E-1 to E-2 E-3 E-4 E-5 E-6 to E-7 E-8 to E-9 TECHNICAL SPECIFICATIONS PAGE DIVISION 1 GENERAL REQUIREMENTS Section 01010 Summary of the Work 1 to 2 01060 Definitions and Standards 1 to 2 01150 Schedules, Reports, Payments 1 01210 Procedures and Performances 1 to 2 01340 Submittals 1 to 3 01400 Quality Control 1 01500 Temporary Facilities 1 to 2 01700 Project Closeout 1 to 3 DIVISION 2 FERRY SLIP CONSTRUCTION Section 02350 Demolition 1 02360 Ramp Construction 1 to 8 02370 ,Fill, Pavement and Electrical 1 to 2 Fishers Island Ferry District Disnict C+maed By Spacial Aa of The N. Y. Scare !itilatun (Laws of N. Y. 1047. C6PIer 6991 FISHERS ISLAND. NEW YORK 06390 ROBERT P. KhAUFF BOARD OF COMMISSIONERS Manager • Secretary INVITATION T O 8 I D REYNOLDS duPONT, JR.. Chairman TELEPHONE 788-7963 RAYMOND F. DOYEN Area Cate 516 RICHARD S. BAKER JOHN C. EVANS THOMAS F. DOHERTY, JR. March 14, 1985 Gentlemen: The Fishers Island Ferry District will receive bids for fur- nishing all labor, materials and equipment necessary for the s.atisfactory completion of "Constructioi of New Ferry Docking Facility - New London Harbor - New London, Connecticut", Con- tract No. 1985-1 in accordance with the plans, drawings and specifications precared by DiCesare-Bentley Engineers, Inc., Suite 3, Century F:ofessional Center, 100 Fort Hill Road, Groton, Connecticut 06340. Bids will be received at the office of D Cesare -Bentley En- gineers, Inc. until 2:00 p.m., Friday, March 29, 1985. Plans, drawings and specifications will be available at the office of DiCesare -Bentley Engineers, Inc. during normal work- ing hours, 8:00 a.^. - 4:30 p.m., Monday through Friday. This invitation tc bid is not an offer and Shall in no way bind the Fishers Island Ferry District to _award a contract, for performance of the project. Should the Fishers Island Ferry District decide tc award a contract, it shall be awarded to the lowest responsible BIDDER. 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 CONTRACTOR may not withdraw his bid during this period. a I Bid security in the form of certified check or Bid Bond in the " amount-of.5% of the Base. Bid will be required of each BIDDER. Performance and Payment Bonds in the amounts of 100% of the Contract Price will be required of the successful BIDDER. .1 ' Invitation To Bid L-1 T Fishers Island Ferry District INVITATION TO BID F Page, 2 March 14, 1985 Copies of th,e CONTRACT DOCUMENTS may be obtained at the office of DiCesare-Bentley Engineers, Inc. upon payment of $50.00 for each set. Any BIDDER, upon returning the CONTRACT DOCUMENTS within 10 days of Bid Opening and in good condition, will be refunded the payment, and any NON -BIDDER, upon so returning the CONTRACT DOCUMENTS will be refunded $25.00. Please advise ify ou intend to bid or not. Very_. truly yours-,, Reynolds duPont, Jr. Chairman,, Board of Commissioners. Fishers Island Ferry District 1� i This document has important legal consequences; consultation with an attorney is encouraged with respect to its completion or modification. STANDARD FORM OF INSTRUCTIONS TO BIDDERS 1 / SPEGfICT10hy. "`MG [NCS 0 Z � co u M `\` Jointly Issued by PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS and by AMERICAN CONSULTING ENGINEERS COUNCIL and by CONSTRUCTION SPECIFICATIONS INSTITUTE 1978, NATIONAL. SOCIIAI OF PROFESSIONAL_ ENGINEERS 2029 K STREET, N.W., WASHINGTON, D. C. 20006 AMERICAN CONSULTING ENGINEERS COUNCIL 1155 15TH STREET, N.W., WASHINGTON, D. C. 20005 CONSTRUCTION SPECIFICATIONS INSTITUTE w 1150 17TH STREET, N.W., WASHINGTON, D.C. 20036 These Instructions to Bidders have been prepared for use with the Owner -Contractor Agreements (NSPE-ACEC Docu- ment 1910-8-A-1 or 1910-8-A-2; CSI 56467, 56468, 1978 editions) and with the Standard General Conditions of the Con- struction Contract (NSPE-ACEC Document 1910-8; CSI 56474, 1978 edition). 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 to the Documents, NSPE-ACEC 1910-9, 1978 edition. ' NSPE-ACEC 1910-120978 Edition) CS 1 56466 Reprinted 9-78 IOM 1 I-3 —2- 1-4 1. Defined Terms. 4.3. On request Owner will provide each Bidder access to the site to conduct such investigations and tests as each Bid- Terms used in these Instructions to Bidders which are defined der deems necessary for submission of his Bid. in the Standard General Conditions of the Construction Con- tract, NSPE-ACEC Document 1910-8. CSi 56465 (19_8 edi- 4.4. The lands upon which the Work is to be performed, tion) have the meanings assigned to them in the General Con- rights-of-way for access thereto and other lands designated ditions. The term "Successful Bidder" means the lowest, for use by Contractor in performing the Work are identified qualified. responsible Bidder to whom Owner (on the basis of in the Supplementary Conditions, General Requirements or Owner's evaluation as hereinafter provided) makes an award. Drawings. 4.5. The submission of a. Bid will constitute an incontro- .2. Copies of Bidding Documents. vertible representation by the Bidder that he has complied 2.1. Complete sets of the Bidding Documents in the num- with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to ber and for the deposit sum, if an}, stated in the :ldsertise- indicate and convey understanding of all terms and condi- ment or Imitation may be obtained from Engineer (unless tions for performance of the Work. another issuing office is designated in the .advertisement or Irivitation to Bid). The deposit will be refunded to Bidders 5. interpretations. who submit a bona fide laid and return the Bidding Docu All questions about the meaning or intent of the Contract ments in good condition %within ten da% , after opening of Documents shall be submitted to Engineer in writing. Replies Bids. 2.2. Complete sets of Bidding Documents shall be vied in will be issued by Addenda mailed or delivered to all parties re- corded by-Engineer as having received the Bidding Docu- preparing Bids; neither Owner nor Engineer assume any re- ments. Questions received less than ten days prior to the date sponsibility for errors or misinterpretation resulting from for opening of Bids will not be answered. Only questions an- the use of incomplete sets of Bidding Documents. swered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal 2.3. Owner and Engineer in making copies of Bidding effect. Documents available on the above term. do so only for the purpose of obtaining Bids on the Rork and do not confer a 6. Bid Security. licenseorgtant foram• other use. 6.1. Bid Security shall be made payable to Owner, in an amount of five percent of the Bidder's maximum Bid price 3. Qualifications of Bidders. and in the form of a certified or bank check or a Bid Bond To demonstrate qualifications to perform the Work. each (on form attached, if a form is prescribed) issued by a Surety Bidder must be prepared to submit within five days of Own- meeting the requirements of paragraph 5.1 of the General r er's request written evidence of the typo set forth in the Sup- Conditions. plementary Conditions, such as financial data, previow expe- 6.2 The Bid Security of the Successful Bidder will be re- rience and evidence of authority to conduct business in the jurisdiction where the Project is located. Each Bid must con- tained until such Bidder has executed the Agreement and furnished the required Contract Security, whereupon it will tain evidence of Bidder's qualification to do business in the be returned; if the successful Bidder fails to execute and de- state where the Project is located or covenant to obtain such liver the Agreement and furnish the required Contract Secu- qualification prig to award oldie contract, rity within 15 days of the Notice of Award, Owner may air- nul the Notice of Award and the Bid Security of that Bidder 4. Examination of Contract Documents and Site. will be forfeited. The Bid Security of any Bidder whom Owner believestohave a reasonable chance of receiving the 4. 1. Before submitting a Bid, each Bidder must (a) exam- ine the Contract Documents thoroughly. (b) .v isit the •ite to award may be retained by Owner until the earlier of the sev- enth day after the "effective date of the Agreement" (which familiarize himself with local conditions that may in any term is defined in the 4;eneral Conditions) by Owner to Con- manner affect cost, progress or performance of the Work, tractor and the required Contract Security is furnished or (c) familiarize himself with federal, state and local laws, the sixty-first day after the Bid opening. Bid Security of ordinances, rules and regulations that may in any manner other Bidders will be returned within seven days of the Bid affect cost, progress or performance of the Work; and (d) opening. study and carefully correlate Bidder's observations with the Contract Documents. 7, Contract Time. 4.2;. Reference is made to the Supplementary Conditions The number of days within which, or the date by which, the Fork is to.be completed (the Contract Time) is forth in the for the identification of those reports of investigations and set tests of subsurface and latent physical conditions at the site Bid Form and will be included in the Agreement. or otherwise affecting cost, progress or performance of the Work which have been relied upon by Engineer in preparing S. Liquidated Damages. the Drawings and Specifications. Owner will make copies of . Provisions for liquidated damages, if any, are set forth in the such reports available to any Bidder requesting them. These Agreement. reports are not guaranteed as to accuracy or completeness, not are they part of the Contract Documents. Before sub- 9. Substitute Material and Equipment. mitring his Bid each Bidder will, at his own expense, make such additional investigations and tests as the Bidder may The Contract, if awarded, will be on the basis of material and deem necessary to determine his Bid for performance of the equipment described in the Drawings or specified in the Speci- Work in accordance with the time, price and other terms and fications without consideration of possible substitute or "or- f conditions of the Contract Documents. equal" items. Whenever it is indicated in the Drawings or —2- 1-4 G C� 11 u I � fl 11 D D specified in the Specifications that a substitute or "or -equal" under the sienature and the official address of the partner - item of material or equipment may be furnished or used by ship must be shown belowthe signature. Contractor if acceptable to Engineer, application for such ac ceptance will not be considered by` Engineer until after the 11.5. All names must be typed or printed below the Signa- '`effective dateof the Agreement". The procedure for submit- lure. tal of any such application be Contractor and consideration 11.6. The Bid shall contain an acknowledgment of receipt by Engineer is ser forth in paragraphs 6.7, 6.7.1 and 6.7._ of of all Addenda (the numbers of which shall be filled in on the General Conditions which may be supplemented in the the Bid Form). General Requirements. 11.7. The address to which communications regarding the 10. Subcontractors, etc. Bid are to be directed must be shown. 10.1. If the Supplementary Conditions require the identity of certain Subcontractors and other persons and organize 12, Submission of Bids. - tions to be submitted to Owner in ad%ance of the Notice of Award, the apparent Successful Bidder. Bids shall be submitted at the time and place indicated in the and anv other Bidder so reyue; will within >e 4ed%en days after the' day of Invitation to Bid and shall be included in an opaque sealed en - %elope, marked with the Project title and name and address the Bid opening submit to O%iner a list of all Subcontractors and other persons and organizations of the Bidder and accompanied by the Bid Security and other re - (including those who are to furnish the principal item of material and equipment) quired documents. If the Bid issent through the mail or other delivery system the sealed envelope shall be enclosed in proposed for those portions of the Work as to which such identification is so required. Such list a sepa- rate envelope with the notation "BID ENCLOSED" on the shall be accompanied by an experience statement with pertinent information as to face thereof. similar projects and other evidence of qualification for each such Subcontractor, person and organization if 13. Modification and Withdrawal of Bids. requested by Owner. If Owner or Engineer after due investigation has 13.1. Bids maybe modified or withdrawn by an appropri- reaQonable objection to any proposed Subcontractor, other ate document duly executed (in the manner that a Bid must person or organization, either may before giving The Notice be executed) and delivered to the place where Bids are to be of Award request The apparent Successful Bidder to submit submitted at any time prior to the opening of Bids. an acceptable substitute without an increase in Bid price. If the apparent Successful Bidder declines to make any such 13,2. If, within twenty-four hours after Bids are opened, substitution, the contract shall not he awarded to such Bid- any Bidder files a duly signed written notice with Owner and der. b s decli i der, but his declining to make any such substitution will not prompth• thereafter demonstrates to the reasonable satisfac- the for sacrificing his Bid Security. Any Sub- b- tion of Owner that there was a material and substantial: mis- constitut r, other person or organization cu listed and take in the preparation of his Bid, that Bidder may withdraw. whom Owner or Engineer does not make written obicction his Bid and the Bid Security will be returned. Thereafter, prior.to the giving of the Notice of 1%%ard will be deemed ac- that Bidder w ill he disqualified from further bidding on the ceptable to Owner and Engineer. Work. 10.2. In contracts %%-here the Contract Price is on the basis 14. Openinm of Bids. of Cost-olAhe-Work Plus a fee, the apparent Successful Bidder, prior to the Notice of Award, shall identify in writ- (Cross out inapplicable word) Bids will he opened (publicly) ing to Ownncrthose portions of the Fork that such Bidder ( ) proposes to subcontract and atter the Notice of Award may only subcontract other portions of the York with Owner's 14.1. When Bids are opened publicly they will read aloud, written consent. and an abstract of the amounts'of the. base Bids and major IO.:. No Contractor shall be required to employ any Sub- "other alternates (if any) will be made available after the opening of Bids. contractor, person or organization against whom he has reasonable object ion. s are, opened privateI 11. Bid Form. same information #rte to Bidders ays after the date of Bid orsenin . 11.1. The Bid Form is attached hereto; additional copies 15. Bids to Remain open. may be obtained from Engineer. All Bids shall remain open for sixty days after the day of the 11.2. Bid Forms must be completed in ink or by type- Bid opening, but Owner may, in his sok discretion, release writer. The Bid price of each item on the form must be stated any, Bid and return the Bid Security prior to that date. in words and'numerals; incase of a conflict, words will take precedence. 16. Award of Contract. 11.3. 'Bids b ,cox porations must be executed in the 16.1. Owner reserves the right to reject any and all Bids, to cor- ;porate name by the president or a vice-president (or other corporate officer accompanied b% evidence authority waive any and all informalities and to negotiate contract terms with the Successful Bidder, and the right to disregard of to :sign) and the corporate; seal must be affixed and attested by all nonconforming, nonresponsive or conditional Bids. Dis- the secretary or an assistant secretary. The corporate ad- dress and state of incorporation shall be shown below crepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of the signature. any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 111.4. Bids by partnerships must be executed in the partner- ship name and signed by a partner, whose title 16.2. in evaluating Bids, Owner shall consider the qualifi- must appear cations of the Bidders, whether or not the Bids comply with —3— I-51 ,.. 1w t 1 the prescribed requirements, and alternates and unit prices if requested in the Bid forms. It is O%, ner'; intent to accept al- ternates (if any are accepted) in the order in which they are listed in the Bid form but Owner may accept them in any order or combination. 16.3. Owner may consider the qualifications and experi- encc of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the Work as to which the identity of Subcon:ractors and other persons and organizations must be submitted as provided in the Supplenientary Conditions. Operating costs, main- tenance consider:uions. performance data and guarantees of materials and equipment may also be considered by Owner. 16.4. Owner may conduct such imestiga:ions as he deems necessary to assist in the evaluation of am Bid and to estab- lish the responsibility, qualifications and 'financial ability of the Bidders, proposed Subcontractors and other persons and organizations io do the Work in accordar,;e Stith the Con- tract Documents to Owner's saii%factior within the pre- scribed time. 16.5. Owner reserves the right to reject t'te Bid of any Bid- der who does not pass any such evaluation to Owners satis- faction. 16.6. If the contract is to be awarded it will be awarded to, the lowest Bidder -whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Project. 16.7. If the contract is to be awarded. 0%%ner will give the Successful Bidder iL Notice of Award within sixty days after the day of the Bid opening. 17. Performance and Other Bonds. Paragraph 5.1 of the General Conditions and the Supplemen- tary Conditions set forth Owner's requirements as to per- formance and other Bonds. When the Successful Bidder delivers the executed Agreement to Owner it shall be accom- panied by the required Contract Security. 18. Signing of Agreement. When Owner gives a Notice of Award to the Successful Bid- der, it will be accompanied by at least three unsigned counter- parts of the Agreement and all other Contract Documents. Within fifteen days thereafter Contractor shall sign and de- liver at least three counterparts of the Agreement to Owner with all other Contract Documents attached. Within ten days thereafter Owner will deliver all fully signed counterparts to Contractor. Engineer will identify those portions of the Con- tract Documents not fully signed by Owner and Contractor and such identification shall be binding on all parties. 19. Special Legal Requirements. (Insert provisions as applicable re (a) statements required by federal, state or local taw or regulation or funding agency or appropriate reference thereto: (h) Bid pricing requirements on base bid alternatives. cash allow- ances (%ce paragraph 11.10 of General Conditions), unit prices and acceptable combinations: (c) prepurchasing by Owner and subsequent assignment of purchase order to Contractor. (d) 0%%ner's cpccial tax exemption: (e) detailed description of Work with cross-reference to General Requirement,: and (f) division of Work into separate parts with cross-reference to Gen- cral Requirements.) 19.1 FEDERAL AND STATE LAWS AND REGULATIONS The Bidder's attention is directed to the fact that all applicable Federal, State and Municipal Laws, Ordinahces, 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. 1=6 BID PROJECT IDENTIFICATION: "Construction of New Ferry Docking Facility New London Harbor New London, Connecticut" CONTRACT IDENTIFICATION AND NUMBER: Contract No. 1985-1 THIS BID IS SUBMITTED TO: Reynolds DuPont Jr., Chairman Board of Commissioners Fishers Island Ferry District c/o DiCesare-Bentley Engineers, Inc. Suite 3 - Century Professional Center 100 Fort Hill Road Groton, Connecticut 06340 OWNER: Fishers Island Ferry District P.O. Box H Southold, NY 11971 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER to complete 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 Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Instructions to BIDDERS, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for 60 days after the day of Bid opening. BIDDER will sign an Agreement and submit the Contract Security and other documents required by the Contract Documents within 5 days after the date of OWNER'S Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Contract Documents and of the following addenda: Date: Number: (receipt of which is hereby acknowledged) and also copies of the Advertisement or Invitation to bid and the Instructions to BIDDERS. Bid P-1 ' (b) BIDDER has examined the site and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary; (c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other BIDDER or over OWNER; and 4. BIDDER will complete the Work for the following price: LUMP SUM CONTRACT PRICE: ( In Words) 1 (In Figures) 5. BIDDER agrees that the Work will be substantially completed Iwithin 30 calendar days after the date when the Contract Time commences to run, and completed within 45 calendar days after the date when the Contract Time commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work on time. 6. The following document is attached to and made a condition of this Bid: (a) Required Bid Security in the form of 5% of the Base Bid. 7. Communications concerning this Bid shall be addressed to: The address of bidder indicated below. 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings -assigned to them in the General Conditions. SUBMITTED on 1985. Bid P-2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 If BIDDER is: An Individual BY (SEAL) (Individual's Name) Doing business as Business address: Phone No.: A Partnership BY (SEAL) (Firm Name) (General Partner) Business Address: Phone No.: Bid P-3 A Corporation By (Corporation Name) (State of Incorporation) By (Name of Person Authorized to Sign (Title) (Corporate Seal) Attest (Secretary) Business Address: Phone No.: A Joint Venture By (Name) (Address) By (Name) Address (Each joint venturer must sign.) The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above. Bid P-4 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 AGREEMENT This AGREEMENT is dated as of the day of in the year 1985 by and between Fishers Island Ferry District (hereinafter called OWNER) and P.O. Box H Southold, New York 11971 (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Demolition and disposal of existing dolphins; removal and regrading of existing paved area; excavation; construction of a sheet piling bulkhead; compaction of gravel fill; construction of pile dolphins; and construction of a movable ramp complete with hoists and other appurtenances; paving and cleanup. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: "Construction of New Ferry Docking Facility- New London Harbor - New London, Connecticut." Contract 1985-1. ARTICLE 2. ENGINEER. The Project has been designed by: DiCesare -Bentley Engineers, Inc. 593 Poquonnock Road Groton, Connecticut 06340 After March 22, 1985 : DiCesare-Bentley Engineers, Inc. Century Professional Center Suite 3 100 Fort Hill Road Groton, CT 06340 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-1 IARTICLE 3. CONTRACT TIME. ' 3.1 The Work will be substantially completed within 30 days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 45 days after the date when the Contract Time commences to run. ' 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered ' by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One Hundred dollars ($100.00) for each day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. ARTICLE 4. CONTRACT PRICE. 4.1 OWNER shall pay CONTRACTOR for performance of the Work in accordance with the Contract Documents in current funds as follows: LUMP SUM CONTRACT PRICE: ' (In Words) 1 1 1 1 1 1 1 1 (In Figures) ARTICLE 5. PAYMENT PROCEDURES.. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments: OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER, on or about the 28th day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in paragraph 14.1 of the General Conditions. 5.1.1 Prior to Substantial Completion progress payments will be in an amount equal to: 90% of the Work completed. Agreement C-2 I� u 7.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of ' the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions. ' 7.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 7.2 as he deems ' necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, ' investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data. with the terms and conditions of the Contract Documents. 7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is ' acceptable to CONTRACTOR. Agreement C-3 ARTICLE 5. PAYMENT PROCEDURES. (continued) ' 5.1.2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the ' Contract Price, less such amounts as ENGINEER shall determine in accordance with paragraph 14.8 General of the Conditions. 5.2 Final Payment: Upon final completion and acceptance of the ' Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. ' ARTICLE 6. INTEREST. All money not paid when hereunder due shall bear interest at the maximum rate allowed by law at the Project. place of the ARTICLE 7. CONTRACTOR'S REPRESENTATIONS. ' In induce order to OWNER to enter into this Agreement, CONTRACTOR makes the following representations: '. 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local ' conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 7.2 CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of ' the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions. ' 7.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those referred to in paragraph 7.2 as he deems ' necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, ' investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports, and data. with the terms and conditions of the Contract Documents. 7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is ' acceptable to CONTRACTOR. Agreement C-3 ARTICLE 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consists of the following. 8.1 This Agreement (pages C-1 to C-5, inclusive). 8.2 Exhibits to this Agreement (pages E-1 to E-9, inclusive). 8.3 Performance and Payment Bonds -(pages B-1 to B-10, inclusive). 8.4 Notice of Award. 8.5 General Conditions (pages GC -1 to GC -33, inclusive). 8.6 Supplementary Conditions (pages SC -1 to SC -6, inclusive). 8.7 Specifications bearing the title "Technical Specifications" and consisting of 2 Divisions and 27 pages, as listed in table thereof. 8.8 Drawings, consisting of a cover sheet and sheets numbered 1 through 4 inclusive with each sheet bearing the following ' general title: "Construction of New Ferry Docking Facility New London Harbor ' New London, Connecticut." 8.9 Addenda numbers to , inclusive. ' 8.10 CONTRACTOR'S Bid (pages P-1 to P-4, inclusive) marked Exihibit 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to inclusive). ' 8.12 Any Modification, including Change Orders, duly delivered, after execution of Agreement. 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 a Modification (as defined in Section 1 of the General ' Conditions). ARTICLE 9. MISCELLANEOUS. ' 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. ' Agreement C-4 ' ARTICLE 9. MISCELLANEOUS. (continued) 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 become due and moneys that are due may not be assigned without such consent ' (except to the extent that the effect of this restriction may be limited by law), and unless 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. Li 1 11 1 9.3 OWNER and CONTRACTOR 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. OTHER PROVISIONS. IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on , 1985. OWNER: FISHERS ISLAND FERRY DISTRICT CONTRACTOR: By By [CORPORATE SEAL] Attest Address for giving notices: Fishers Island Ferry District c/o DiCesare-Bentley Engineers, Inc. Suite 3 - Century Professional Center ' 100 Fort Hill Road Groton, Connecticut 06340 1 l I Agreement C-5 [CORPORATE SEAL] Attest Address for giving notices: License No. Agent for service of process: C 0 L� PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, that (hereinafter called the "PRINCIPAL" and (hereinafter called the "SURETY") are held and firmly bound to the hereinafter called the "OWNER") 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, executofs, 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 on the day of 19 with the OWNER for the a copy of which contract is annexed to and hereby made part of this bond as though herein set forth in full. NOW, 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 indemnify and save harmless the OWNER from all cost and damage which it may suffer by reason of failure so to do, and shall fully reimburse and repay the OWNER for all outlay and expense which the OWNER may incur in making good any such default, and shall protect the said OWNER against, and pay any and all amounts, damages, costs and judgements which may or shall be recovered against said OWNER or its officers or agents or which the said OWNER 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 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; Performance Bond B-1 11 11 PROVIDED, HOWEVER, the SURETY, for value received, hereby stipulates and agrees, if requested to do so by the OWNER, 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 OWNER and to complete such work within the time allowed the PRINCIPAL in the Contract for the completion thereof; and further PROVIDED, HOWEVER, 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 monies 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. 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 this day of , 19 (If Corporation add Seal and Attestation) Add Corporate Seal Performance Bond B-2 Principal By: Attest Secretary Surety By: Attest L�1 ' (ACKNOWLEDGEMENT BY PRINCIPAL, UNLESS IT BE A CORPORATION) ' STATE OF } } ss.: COUNTY OF } ' On this day of 19 before me personally came to me known and known to me to be the person (s) described in and who executed the foregoing instrument and acknowledged that he executed the same. Notary Public I (ACKNOWLEDGEMENT OF PRINCIPAL, IF A CORPORATION) STATE OF } } ss.: COUNTY OF } ' On this personally came day of 19 , before me 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 foregoing instrument; that he knew 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 U I Performance Bond B-3 (ACKNOWLEDGEMENT BY SURETY COMPANY) STATE OF } } ss.: COUNTY OF } On the day of 19 , 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. Notary Public Performance Bond B-4 Payment Bond - y B5 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that '(hereinafter the "PRINCIPAL") called and ' (hereinafter called the "SURETY") and held and firmly bound to the hereinafter called the "OWNER"), 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 itself, its heirs, executors, administrators, successors and assigns, and the SURETY binds itself, its successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the PRINCIPAL has entered into a certain written ' contract bearing date on the day of 19 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 monies due to all persons 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 monies 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 terms of the said Contract or specifications accompanying the same, shall in any way affect its obligations under - this Bond, and -it does hereby waive notice of any such change, ' extension, alteration or addition, and further; PROVIDED, HOWEVER, that the place of trial of any action on this Bond shall be in the county in which the said Contract was to be ' performed, or if said Contract was to be performed in more than one county, then in any such county, and not elsewhere, and further; ' PROVIDED, HOWEVER, that this Bond shall be enforceable in accordance with the terms and provisions of the Connecticut General Statutes. Payment Bond - y B5 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 day of , 19_. Principal BY: (If Corporation add seal and attestation) ATTEST Secretary (Add Corporate Seal) Surety BY: ATTEST (ACKNOWLEDGEMENT BY PRINCIPAL, UNLESS IT BE A CORPORATION) STATE OF } } ss.. COUNTY OF } On this day of , 19_, before me personally came to me known and known to me to be the person(s) described in and who executed the foregoing instrument and acknowledge that he executed the same. Notary Public Payment Bond B-6 ' (ACKNOWLEDGEMENT BY PRINCIPAL, IF A CORPORATION) STATE OF } } ss.: COUNTY OF } On this day of 19_, before me personally ' cameto me known, who being duly sworn, did 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 knew 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 (ACKNOWLEDGEMENT BY SURETY COMPANY) iSTATE OF } } ss.. ' COUNTY OF } On the day of 19 , 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 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. ' Notary Public ' Payment Bond B-7 r1 L u 1 fl BID BOND KNOW ALL KEN BY THESE PRESENTS, that we, the undersigned, as PRINCIPAL, and as SURETY, are hereby held and firmly bound unto as OWNER in the penal sum of dollars ($ ) for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Sealed with our seals, this day of , 19—. 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 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. NOW, 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. 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 OWNER may accept such Bid; and said SURETY does hereby waive notice of any such extension. Bid Bond B-8 IN WITNESS, WHEREOF, the PRINCIPAL and the SURETY have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. (L.S.) Principal SEAL Surety BY: (ACKNOWLEDGEMENT BY PRINCIPAL, UNLESS IT BE A CORPORATION) STATE OF } } ss.. COUNTY OF } On this day of , 19_, before me personally came to me known and known to me to be the person(s) described in and who executed the foregoing instrument and acknowledge that he executed the same. Notary Public (ACKNOWLEDGEMENT BY PRINCIPAL, IF A CORPORATION) STATE OF } } ss.: COUNTY OF } On this day of 19_, before me personally came to me known, who being duly sworn, did 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 knew 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 (ACKNOWLEDGEMENT BY SURETY COMPANY) STATE OF } } ss.. COUNTY OF } On the day of , 19 , 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 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. Notary Public Bid Bond B-10 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 ,�►C Ep UENGINEERS uFICAT ys ,� Ps (�� a N M^ ~Ul y so A �Yc u �+ � COIJ N c�` PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS. ' AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated Generali Contractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A- I or 1910-8-A-2, 1983 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 CommeAtary on Agreements for Engineering Services and Contract Documents, No. 1910-9, 1981 edition. For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supple- mentary Conditions (No. 1910-17, 1983 edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910-12, 1983 edition) may be used. No. 1910-8 (1983 Edition) GC -1 L- Y r 01983 National Society of Professional Engineers 2029 K Street, N.W., Washington, D.C. 20QO6 American Consulting EngineersCouncil 1015 15th Street, N.W., Washington, D.C. 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 Construction Specifications Institute 601 Madison St., Alexandria, VA 22314 �r .. T , x ' TABLE OF CONTENTS OF GENERAL CONDITIONS ' Article Number Title Page 1 DEFINITIONS...................................................... 7 ' 2 PRELIMINARY MATTERS........................................ 8 3 CONTRACT DOCUMENTS: ' 4 INTENT, AMENDING AND REUSE ............. .......... I ...... AVAILABILITY OF LANDS; PHYSICAL CONDITIONS: 9 REFERENCE POINTS .............................................. 10 5 BONDS AND INSURANCE........................................ 1 = 6 CONTRACTOR'S RESPONSIBILITIES ............................ 14 7 OTHER WORK ..................................................... 18 8 OWNER'S RESPONSIBILITIES.................................... 19 9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19 10 CHANGES IN THE WORK ................................. ....... 21 11 CHANGE OF CONTRACT PRICE .................................. 21 12 13 CHANGE OF CONTRACT TIME................................... WARRANTY AND GUARANTEE; TESTS AND 24 INSPECTIONS; CORRECTION, REMOVAL OR ' 14 ACCEPTANCE OF DEFECTIVE WORK ........................... PAYMENTS TO AND 24 CONTRACTOR COMPLETION ............. 26 15 SUSPENSION OF WORK AND TERMINA'T'ION .................. 29 16 ARBITRATION..................................................... 31 17 MISCELLANEOUS................................................. 32 GC— 3 f'. INDEX TO GENERAL CONDITIONS Article or Paragraph Nllmher Acceptance of fie .n;:.nc ,, ........ .............. 5.13 Access to the Work ............ I ...... I .............. 13.2 Addenda -definition of(sce definition of Changes in the Work ................................... Specifications) ........................................ I Agreement -definition of ................................ I All Risk Insurance ..................................... 5.6 Amendment, Written ............................. I, 3.1.1 Application for Pavment-definition of ....... I .......... I Application for Payment, Final ...................... 14.12 Application for Progress Payment .................... 14.2 Application for Progress Payment -review of .... 14.4-14.7 Arbitration ............................................. 16 Authorized Variation in Work ......................... 9.5 Availability of Lands .................................. 4.1 Award, Notice of -defined .............................. I Before Starting Construction ...................... 2.5-2.7 Bid -definition of ....................................... 1 Bonds and insurance -in general ........................ 5 Bonds -definition of ..................................... 1 Bonds, Delivery of ................................ 2.1, 5.1 Bonds. Performance and Other .................... 5.1-5.2 Cash Allowances ..................................... 11.8 Change Order -definition of ............................. 1 Change Orders -to be executed ...................... 10.4 Changes in the Work ................................... 10 Claims, Waiver of -on Final Payment ............... 14.16 Clarifications and Interpretations ...................... 9.4 Cleaning............................................. 6.17 Completion ............................................. 14 Completion, Substantial ......................... 14.8-149 Conference. Preconstruction .......................... 2.8 Conflict, Error, Discrepancy -Contractor Cost -net decrease ......... ...... ............... to Report ...................................... 2.5, 3.3 Construction Machinery, Equipment, etc. ..... . ........ 6.4 Continuing Work..............................I....... 6.29 Contract Documents -amending and supplementing .................................. 3.4-3.5 Contract Documents -definition of ...................... 1 Contract Documents -Intent ...................... 3.1-3.3 Contract Documents -Reuse of ....................... 3:6 Contract Price. Change of .............................. II Contract Price -definition ............................ - I Contract Time, Change of .............................. 12 Contract Time, Commencement of .................... 2.3 Contract Time --definition of ............................ I Contractor ---definition of ................................ 1 Contractor May Stop Work or Terminate ............. 15.5 Contractor's Continuing Obligation .................. 14.15 Contractor's Duty to Report Discrepancy in Documents .................................. 2.5. 3.2 Contractor's Fee -Cost Plus ... 11.4.5.6, 11.5.1. 11.6-11.7 Contractor's Liability Insurance .......... I ...... I..... 5.3 Contractor's Responsihilities-in general ............. .. 6 GC --t Contractors Warrant\ o1 I itle .... ................... 14.3 Contractors--ot}lel. .............- ...................... 7 Contractual Liability Insurance ........................ 5.4 Coordinating Contractor -definition of ................ 7.4 Coordination .......................................... 7.4 Copies of Documents .................................. 2.2 Correction or Removal of Defective Work ........... 13.11 Correction Period,.One Year ........................ 13.121 Correction, Removal or Acceptance of Defective Disputes, Decisions by Engineer ................. Work-in general ........................... 13.11-13.14 Cost -net decrease ......... ...... ............... 11.6._ 2 Cost of Work" .................................... 11.4-11.5 Costs,' Supplemental.......... .................... 11.4.5 ` Day -definition of ....................................... De%ctive--definition of ................................. I Defective Work, Acceptance of .............. .. .. 13.13 Defective Work, Correction or Removal of .......... 13.11 Defective Work-in general ............... 13. 14.7, 14:I 1 Defective Work. Rejecting ... 9.6 Definitions .............................................. 1 Delivery of Bonds..........................I.......... 2.1 Determination for Unit Prices ........................ 9.10 Disputes, Decisions by Engineer ................. 9.11-9.12 Documents, Copies of ................................. 2.2 Documents, Record .................................. 6.19 Documents. Reuse .................................... 3.6 Drawings -definition of ................................. Easements ............................................ 4.1 Effective date of Agreement -definition of ............... I Emergencies ......................................... 6.22 Engineer -definition of ............................:..... I Engineer's Decisions ............................ 9.10-9.12 Engineer's -Notice Work is Acceptable ............. 14.13 Engineers Recommendation of Payment ...... 14.4, 14.13 Engineer's Responsibilities, Limitations on .................................. 6.6. 9.11, 9.13-9.16 Engineer's Status During Construction --in general ...... 9 Equipment, Labor, Materials and .................. 6.3-6.6 Equivalent Materials and Equipment ........:......... 6.7 Explorations of physical conditions ................... 4.2 Fee. Contractor's -Costs Plus ........................ 11.6 Field Order -definition of ................................ I Field Order -issued by Engineer ................ 3.5.1, 9.5 Final Application for Payment ....................... 14.12 Final Inspection .................................. - 14.11 Final Payment and Acceptance ...................... 14:13 Final Payment, Recommendation of ........... 14. 13-14.14 General Provisions .............................. 17.3 17.4 General Requirements --definition of ..................... 1 General Requirements principal references to ................. 2.6. 4.4, 6.4, 6.6-6.7. 0 G' Giving Notice ........................................ 17.1 Guarantee of Work -by Contractor ................... 13.1 Indemnification ............................. 6.30-6.32. 7.5 Inspection, Fynal ........................... ....... 14.11 Inspection, Tests and ................................. 13.-; Insurance, Bonds and -in general ........................ 14.2 Insurance, Certificates of ........................... 2.7, 5 Insurance -completed operations ...................... 5.3 Insurance, Contractor's Liability ...................... 5.3 Insurance, Contractual Liability ....................... 5.4 Insurance, Owner's Liability .......................... 5.5 Insurance, Property .............................. 5.6-5.13 Insurance -Waiver of Rights ......................... 5.11 Intent of Contract Documents ................... 3.3, 9.14 Interpretations and Clarifications ...................... 9.4 Investigations of physical conditions ................... 4.2 Labor, Materials and Equipment .................. 6.3-6.5 Laws and Regulations -definition of ..................... 1 Laws and Regulations -general ....................... 6.14 Liability Insurance -Contractor's ..................... 5.3 Liability Insurance -Owner's ......................... 5.5 Liens --definitions of ................................ 14.2 Limitations on Engineer's Owner May Suspend Work, Terminate .......... Responsibilities ..................... 6.6. 9.11, 9.13-9.16 Materials and equipment -furnished by Contractor .... 6.3 Materials and equipment -not incorporated in Work .............................. 14.2 Materials or equipment -equivalent ................... 6.7 Miscellaneous Provisions ................................ 17 Multi -prime contracts ..................... I ............. 7 Notice. Giving of ................................. 17.1 Notice of Acceptability of Prgiect ................... 14.13 Notice of Award -definition of .......................... Notice to Proceed --definition of ......................... Notice to Proceed -giving of .......................... 2.3 "Or -Equal" Items ................................. .. 6.7 Other contractors ....................................... 7 Otherwork .............................................. 7 Overtime Work -prohibition of ........................ 6.3 Owner -definition of .................................... I Owner May Correct Defecrive Work ................. 13.14 Owner May Stop Work .............................. 13.10 Owner May Suspend Work, Terminate .......... 15.1-15.4 Owner's Duty to Execute Change Orders ............. 11.8 Owner's Liability Insurance ........................... 5.5 Owner's Representative -Engineer to serve as ........ 9.1 Owner's Responsibilities -in general .................... 8 Owner's Separate Representative at site ............... 9.3 Partial Utilization .................................. 14.10 Partial Utilization -definition of ............ ........ .....: I Partial Utilization -Property Insurance ............... 5.15 Patent Fees and Royalties 2 Payments, Recommendation of. ........... 14.4-14.7, 14.13 Payments to Contractor -in general .................... 14 GC- 5 Payments to Contractor -when due ........... 14.4, 14.13 Payments to Contractor -withholding ................ 14.7 Performance and other Bonds ...................... 5.1-5.2 Permits............................................... 6.13 Physical Conditions ........... ....................... 4.2 Physical Conditions --Engineer', rc-view ........ . .... 4.2.4 Physical Conditions -existing ,nuctures ............. 4.2.2 Physical Conditions -explorations and reports ....... 4.2.1 Physical Conditions -possible document change ..... 4.2.5 Physical Conditions -price and time adjustments .... 4.2.5 Physical Conditions -report of differing ............. 4.2.3 Physical Conditions -Underground Facilities .......... 4.3 Preconstruction Conference ........................... 2.8 Preliminary Matters ..................................... 2 Premises, Use of ................................ 6.16-6.18 Price, Change of Contract .............................. II Price -Contract --definition of ............................ I Progress Payment, Applications for ................... 14.2 Progress Payment -retainage ......................... 14.2 Progress schedule ............... 2.6, 2.9, 6.6, 6.29, 15.2.6 Project -definition of .................................... 1 Project Representation -provision for ................. 9.3 Project Representative, Resident -definition of .......... I Project, Starting the ................................... 2.4 Property Insurance ............................... 5.6-5.13 Property Insurance -Partial Utilization ............... 5.15 Property Insurance -Receipt and Application of Proceeds ................................... 5.12-5. 13 Protection, Safety and ........................... 6.20-6.21 Punch list ........................................... 14.11 Recommendation of Payment .................. 14.4, 14.13 Record Documents ................................... 6.19 Reference Points ...................................... 4.4 Regulations. Laws and ............................... 6.14 Rejecting De, mive Work ............................. 9.6 Related Work at Site .............................. 7.1-7.3 Remedies Not Exclusive ....... : ..................... 17.4 Removal or Correction of Defective Work ........... 13.11 Resident Project Representative -definition of ........... 1 Resident Project Representative -provision for ........ 9.3 Responsibilities, Contractor's -in general ............... 6 Responsibilities, Engineer's -in general ................. 9 Responsibilities, Owner's -in general .................... 8 Retainage .............................................. 14.2 Reuse of Documents .................................. 3.5 Rightsof Way ............................ I ... I ........ 1 4.1 Royalties, Patent Fees and ........................... 6.12 Safety and Protection ............................ 6.20-6.21 Samples ......................................... 6.23-6.28 Schedule of progress ........ 2.6, 2.8-2.9, 6.6, 6.29, 15.2.6 Schedule of Shop Drawing submissions ...................... 2.6. 2.8-2.9,6.23. 14.1 Schedule of values ...................... 2.6, 2.8-2.9. 14.1 Schedules, Finalizing .................................. 2.9 Shop Drawings and Samples ..................... 6.23-6.28 Shop Drawings -definition of ............................ Shop Drawings, use to approve substitutions ...................................... 6.7.3 H r, C G L Site. Visit. to--bv Engineer .............. 14.8 Specifications -definition of ......... - . ............. I Starting Construction, Before ............. ........ Starting the Projecl ........... .. ...... .......... Stopping Work--bv Contractor ........... ...... Stopping Work -by Owner .... . ....... ...... Subcontractor ---definition of .............. .............. I Subcontractors -in general ............... ....... 6.8-6. 11 Subcontracts -required provisions ............ 5.11.1, 6.11 11.4.3 Substantial Completion -certification of .............. 14.8 Substantial Completion -definition of .................... I Substitute or "Or -Equal" Items ....................... 6.7 Subsurface Conditions ............................. 4.2-4.3 Supplemental costs ................................. 11.4.5 Supplementary Conditions -definition of ..... ........... I Supplementary Conditions -principal 14.1, 14.E references to .. 2.2, 4.2, 5.1, 5.3, 5.6-5.8, 6.3, 6.13. 6.23, 11.3.1 7.4.9.3 Supplementing Contract Documents ........ 3,4-3.5 Supplier -definition of ...................... . ............ 1 Supplier -principal references to ... 3.6, 6.5, 6.7-6.9, 6.20. 6.24, 9.13, 9.16, 1 1.8, 13.4, 14.12 Surety -consent to payment ................. 1 14.12, 14.14 Surety -Engineer has no duty to ..................... 9.13 Surety -notice to .......................... 10, 1, 10.5. 15.2 Surety -qualification of ........................... 5.1-5.2 Suspending Work. by Owner ......................... 15.1 Suspension of Work and -termination-in general ....... IS Superintendent -Contractor's ................. . ....... 6.2 Supervision and Superintendence .................. 6.1-6.2 Taxes -Payment by Contractor ....................... 6.15 Termination -by Contractor .......................... 15.5 Termination -by Owner ......................... 15.2-15.4 Termination, Suspension of Work and -in general ...... t5 Tests and Inspections ................... I....... 13.3-13.7 Time, Change of Contract .............................. 12 GC_ 6 Time. Computation of ..... _ . 2 Tinlc. Contract --definition of ............................ t'ncmcrinc W4' rl . ......... ...... ........... 13.K -13.'J t 11�4.1i"round I ;,,rliti"', 'Ic+inition of . ................ I ('1r!dcrenurnd I , -rut`- tihowii m indicated ..... 4.3.) UndelQI-olin.i 1 ;lrili;ics- plot; ction of ........... 4.3. (,_fit) Underground 1-;icilhics-11 OI Intfil:iltell ......... 4..+.I Unit Price Work--dctinition of .......................... I Unit Price Work--gcnerrll . ............... 11.9. 14.1, 14.E Unit Prices ......................................... 11.3.1 Unit Prices, Determinations for ..................... 9.1(1 Use of Premises ................................. 6.16-6.18 Utility owners .......................... 6.13, 6.20, 7.2-7.3 Values, Schedule of ......................... 2.6, 2.9, 14.1 Variations in Work -Authorized ............ 6.25, 6.27, 9.5 Visits to Site -by Engineer ............................ 9.2 Waiver of Claims -on Final Payment ................ 14.16 Waiver of Rights by insured parties ............. 5.10. 6.11 Warranty and Guarantee -by Contractor ............. 1 3. 1 Warranty of Title. Contractor's ....................... 14..+ Work. Access to ..................................... 13.2 Work -by others ........................................ Work Continuing During Disputes .................... 6._'c) Work. Cost of ................................... 11.4-11.5 Work -definition of ..................................... I Work Directive Change -definition of . ................... I Work Directive Change -principal references to ............................ 3.4.3, 10.1-10.2 Work, Neglected by Contractor ..................... 13.14 Work, Stopping by Contractor ........................ 15.5 Work, Stopping by Owner ....................... 15.1-15.4 Written Amendment -definition of ...................... I Written Amendment -principal references to ..................... 3.4.1, 10.1, 11.2, 12.I GENERAL. CONDITIONS AIM(1 1 1 ---DEFINITIONS lti'he!c�c; u•;ed in thetie (�rneral C,,tn:iition, or in ll,< <,rhi r < ontract DoCnmCnt, the foilowinz term,, lwvk, the mcanine­ indicated which are applicthlc to hoth Ihe"ill gt;I.0 ,uu1 plunJ thereof: Iddenda--Writtell or graphic instruments i>sticd prior to th" opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. Agreement—The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application fitr Payment—The form accepted by ENGI- NEER which is to be used by CONTRAC'T'OR in requesting progress or final payments and which is to include such sup- porting documentation as is required by the Contract Documents. Bid—The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds—Bid, performance and payment bonds and other instruments of security. Change Order—A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER and autho- rizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the :Acrecment. Contract Docutnents—The Agreement, Addenda (which per- tain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post - Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more spe- cifically identified in the Agreement, together with all amend- ments, modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 on or after the Effective Date of the Agreement. C'ontractPrice—The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Titne—The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. CONTRACTOR—The person, firm or corporation with whom OWNER has entered into the Agreement, GC– 7 defective—An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard. tett of approval referred to in the Contract Document,. or h:t� hcen danxtgcd prior to I \C6lNF.FR , reconimcnkkitio!) of final payment turilk, ,, I espon,ihility for t he pro(crti, m thc! rof hal hcen a,sumcd by OWNER at Suh,huriial Complc!ion in accordance with paragraph 14.8 or 14. 10). dlWkings which show tile- clutracter and scope ol" the Work to he performed and which have been prepared or approved by ENGINEER and are referr,:d to in the Con- tract Documents. Effi�ctive 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. ENGINEER—The person, firm or corporation named as such in the .Agreement. Field Order—A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requirements—Sections of Division I of the Speci- fications. Laws and Regulations; Laws or Regulations—Laws, rules, regulations, ordinances, codes and/or orders. 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. Notice to Proceed—A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR'S obligations under the Contract Documents. OWNER—The public body or authority, corporation. asso- ciation, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Partial Utilization—Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for alt the Work. Prgiect—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. Resident Prgiect Representative—The authorized represen- tative of ENGINEER who is assigned to the site or any part thereof. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Strop Dranvings—All drawing,. diagrams. illustrations. schedules and other data which are specifically prepared bt or for CONTRACTOR to ilhistr,itc soon portion of the work and all illustrations, brochure,. standard schedule,, perfor- mance charts. in,truction,. dE,,r.am� and other infunnati�+tr prepared by a Supplier and suhrnitted b} CONTRA( I OR to illustrate ml,terial or equipment Io; some portion of tlrc Work Specifications—Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. Subcontractor—An individual, firm or corporation having it direct contract with CONTRACTOR or with any other Sub- contractor for the performance of' a part of the Work at the site. Substantial Completion—The Work (ora specified parr thereof) has progressed to the point where, in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate Of Substantial Completion, it is sufficiently complete. in accordance with the Contract Documents. so that the Work (or specified part) can be utilized for the put poses for which it is intended; or if there be no such certificate issued. when final payment is due in accordance with paragraph 14.13. The. terms "substantially complete'' and "substantially com- pleted" as applied to any Work refer- to Substantial Comple- tion thereof. Supplementary Conditions—The part of the Contract Docu- ments which amends or supplements these General Condi- tions. Secpplier—A manufacturer, fabricator, supPiicr. di,trihtttor, materialman or vendor. UndergroundFacilities—All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facil- ities 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. Unit Price Work—Work to be paid for on the hasi, of unit prices. Work—The entire completed construction or the various sep- arately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of per- forming services, furnishing labor and furnishing and incor- porating materials and equipment into the construction. all as required by the Contract Documents. Work Directive Change—A written directive to CONTRAC- TOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by FNGINh;ER. GC - H ordering an addition, deletion or revision in the Work, or rc,nondinF; to difi'erifig or unforeseen phN-sical condition, under v, hich the Work is to he pciformcd a, provided in paragraph 1.' or 4_-t or to ernericocics under paragraph h 22. A Work U, �r (f::it_i ,t;t`, not than c elle t_ ofitI; r c I .,:Jii I Illlt', iitlt U Cv1de11Ce ihar lhi p;trtlC, eypc Cl (!I;�I tl�. han,c duV�tCJ andocturtentrd I-. a «ork i)in C h ula- �k ill he incur posted in :a .uf sequently issued Ch,ureC Order following negotiation" by the parties as to its c0cct, if any, on the Contract Price or ('untrue t I ime a, provided in paragraph 10.2. 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 deal- ing with the nonengineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2—PRELIMINARY MATTERS Delivery of Bonds: 2. I . When CONTRACTOR dcliyers the executed Agree- ments to OWNf R, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRAC"1-OR maybe required t„ furnish in accordance with paragraph �. I. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary ('on- ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work. Additional copies will he furnished, upon request, at the cost of reproduction. Commencement of Contract Time; Notice to Proceed: 2.3. The Contract Time will commence to run on the thirtieth 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 Agree- ment. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement. whichever date is earlier. Starting the Project: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work ,hall be done at the site prior to the date on which the Contract Time commences to run. BeforeStarting Construction: 2.�. Before undertaking each part of the Work, CON_ TRAC TOR shall c:uehdly study and compare the C0ntr,rit Documents and check and verity pe. trocar ticu�r, ,hu�.n thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error or discrep<<ncy which CONTRACTOR may discover and shall obtain a written interpretation or clariti- cation from ENGINI:f;R h,forc pn,rceding tiith any Work dlfe'led Iherc:k,t 1 lh1",Cver. C(IN I R1(VOR shall not tic lia- He to 01kN1-k 01 1 : N ( i I N I '. I , k tier failure (0.Feport any conflict, error or iii>crcp,wcy iu the Contract Documents. unless CON fKA(: I OR had actual knowledge thereof or should reasonahly have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Require- ments). CONTRACTOR shall submit to ENGINEER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work; 2.6.2. a preliminary schedule of Shop Drawing sub- missions: and �.n. �. :t prcliminary schedule of values for all of the G� ork which will include quantities and prices of items :ie -reputing 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 applicable to each item of Work which will be con- firmed in writing by CONTRACTOR at the time of sub- mission. 2.7. Before any Work at the site is started. CONTRAC- TOR shall deliver to OWNER, with a copy to ENGINEER. certiticates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4, and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7. Preeonstruction Conference: 2.8. Within twenty days after the Effective Date of the Agreement. but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR. ENGI- NEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6. to discuss procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. Finalizing Schedules: 29. At least ten days before submission of the first Appli- cation for Payment it conference attended by CONTRAC- TOR. ENGINEER and others as appropriate will be held to finith"c the hCdules submitted in accordance with para- CC— 9 graph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time, but such acceptanccwill neitherimpose on ENGINEER responsibility for the progress or ,chCdUling 01'111C Werk nor rclicvc CON TRACTOR from full Lhc:r lor. the tlnllhn i schedule of Shop Drawing ,..hnri , .i rns �\ ill hi aCic; (: ! it ENGINEER as providing it itiorkahlc :urangcmertt for pn, cessing the submissions. The finalized schedule of values \t ill be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTEN'I . 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 ofthe Project. 3.2. It is the intent of the Contract Do, runents to describe a functionally complete Project (or part thereof) to he con- structed in accordance with the Contract Documents. An-\ Work, materials or equipment that rnar rea,onably he inferred from the Contract DOCUments as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society. organizat ion or a„ociauon. or to the Laws or Regulations of am go% crnmental authoril . whether such reference be specific or hvimplication. ,hall mean the latest standard specification. manual, code or La«s 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. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER. CONTRACTOR or ENGINEER, or any of their consultants, agents or emplo\ - ees from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER. or any of ENGI- NEER's consultants, agents or employees. any duo 11 authority to supervise or direct the fui nishing or performance of the Work or any duty or authority to undertake responsi- bility contrary to the provisions of paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. If, during the, performance of the Work. CONTRA(' - TOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work atfectcd thereby shall obtain a written interpretation -or clarification 1 1 1 1 1 1 1 1 1 1 1 1 1 1 from ENGINEER: however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should rcwr onahly have known thcreof. anrettding and Supplementing Contract Docutnew,: �.4. 1'he Contract Documents nuiy he amended to pro c'idc IoM additions, dcletions turd revisions in the Work or to nuufilV the tours :urd cuuciitions thereof in one or more of the following ways: 3.4.1. a formal Written Amendment, 3.4.2. a Change Order (pursuant to paragraph 10.4), or 3.4.3. a Work Directive Change (pursuant to para- graph 10.1). As indicated in paragraphs 11.2 and 12. 1, Contract Price and Contract Time may only be changed by it Change Order or if Written Amendment. 3.5. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized. in one or more of the following ways: 3.5. I. a Field Order (pursuant to paragraph 9.5), 3.5.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27), or 3.5.3. ENGINEER's written interpretation or clariti cation (pursuant to paragraph 9.4). Reuse of Documents: 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or- other person or organization performing or fur- nishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other docu- ments (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4—AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be per- formed. rights -of way and easements for access thereto. rind I GC– 10 such other lands which are designated for the use of CON- TRACTOR. Easements for permanent structures or perma- nent changes in existing facilities will be obtained and paid for by OWNER. unless otherwise provided in the Contrnct Documents_ It' i_'ONTRAt TOR hclieves that any delay in turni"hing these land. rights -()f -way or ease- m(:nt,, CON I RACTOR to an extension of tile Con- tract fime, CONI RACTOR may make it claim therefor as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in prep- aration of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports. but not upon nontechnical data. interpreta- tions or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2.6. CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. ,4.2.2. Existing Structures: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site.that have been utilized by ENGI- NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the complete- ness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR shall have full respon- sibility with respect to physical conditions in or relating to such structures. 4.2.3. Report of Dif%c ring Conditions: If CONTRA(' TOR believes that: 4.2.3. f. any technical data on which CONTRAC- TOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate. or 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indi- cated, reflected or referred to in the Contract Docu- ments, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by para- graph 6.22), notify OWNER and ENGINEER in writing about the inaccuracy or difference. i 1 1 r J 1� I� n u 1 n 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWNER in writing(with it copy to CONTRACTOR) of ENGINEER's findings and con- clusions. 4.2.5. Possible Document Cluorge: If I:NGINI:ER concludes that there is a material error in the Contract Documents or that because of newly discovered condi- tions a change in the Contract Documents is required, a Work Directive Change or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 4.2.6. Possible Price and Time Adjustments: In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, will be allowable to the extent that they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof, a claim may be made therefor as provided in Articles I I and 12. Physical 'Conditions—Underground Facilities: 4.3.1. Shown or Indicated: The information and data shown or indicated in the Contract DOCument with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facil- ities or by others. Unless it is otherwise expressly pro- vided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data: and. 4.3.12. CONTRACTOR shall have full responsi- bility for reviewing and checking all such information and data, for locating all Underground Facilities shown or indicated in the Contract Documents, for coordina- tion of the Work with the owners of such Underground Facilities during construction, for the safety and pro- tection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. the cost of all of which will be considered as having been included in the Conti -act Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reason- ably have been expected to be aware of, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emer- gency as permitted by paragraph 6.22), identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and ENGINEER. ENGI- NEER will promptly review the Underground Facility to GC - determine the extent to which the Contract Documents should be modified to reflect and document the conse- quences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time. CONTRAC- TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall he allowed an increase in the Con- tract Price or an extension of the Contract Time, 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 which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefor as provided in Articles I I and 12. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements), shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such ref- erence points by professionally qualified personnel. ARTICLE 5—BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'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 otherwise provided by Law or Regulation or by the Con- tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condi- tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sure- ties on Federal Bonds and as Acceptable Reinsuring Com- panies" as published in Circular 570 {amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the 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 iJ n G 1 LJ u C' 0 1 the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which mint he acccptahle to OWNER. Contractor's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being ped'ormed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's perfor- mance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR. by any Suhconh-actor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any'of them may be liable: 5.3.1. Claims under workers' or workmen's compen- sation, disability benefits and other similar employee ben- efit acts: 5.3.2. Claims for damages because of bodily injury occupational sickness or disease, or death of CONTRAC TOR's employees: 5.3.3. Claims for damages because of bodily injury. sickness or disease, or death of any person other than CONTRACTOR's employees: 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. or (h) by any other person for any other reason: 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible prop- erty wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property: and 5.3.7. 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. The insurance required by this paragraph 5.3 shall include the specific coverages and he written for not less than the limits of liability and coverages provided in the Supplemen- tary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insur- ance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provi- sion or endorsement that the coverage afforded will not he cancelled, materially changed or renewal refused until at least ()C— 12 thirty days' prior written notice has been given to OWNER and ENGINEER by certified mail. All such insurance shall remain in effect until final payment -and at all times thereafter when CONTRACTOR may be correcting, removing or replacing Work in accordance with paragraph 13. 121. In addition. CON I RACTOR shall maintain such completed operations instn ancc for at Icast 1%� o years after final payment and furnish OWNER with evidence of continuation o1 -such insurance at final payment and one }ear thereafter. Contractual Liability Insurance: 5.4. I'hecomprehensivegeneralliahilityinsuranccrequired by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31. Owner's Liability Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and. at OWNER's option, may purchase and maintain such insur- ance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests ofOWN ER. CONTRACTOR, Subcontractors, ENGINEER and ENGINEER's consultants in the Work. all oi'whom shall he listed as insureds or additional insured parties, shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, _collapse and water damage, and such other perils as may, be provided in the Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects. attorneys and other professionals). If not covered under the "all risk" insurance or otherwise pro- vided in the Supplementary Conditions. CONTRACTOR shall purchase and maintain similar property insurance on portions ol' the Work stored on and off the site or in transit when such portions ol'the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER. CONTRACTOR, Subcontractors. ENGINEER AND ENGINEER's consultants in the Work. all ol'wfiom shall he listed as insured or additional insured patties. C r, 1 C 11 5.8. All the policies of insurance for the certificates or other evidence thereof) required to he purch;lsed and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain ;, provision or endorsement 1[11:11 the coverage lfforded ��ill not he ancclled or male rrlliy char cd or rrnei<<11 refuxd until it Ica,t thirty days' prior writtcn notice ha, heen given to CONTRA( TOR h� certified mod anti %.vill contain waiver provisions in accordance tNith panwraph 5.I 1.?. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount, will be borne by CONTRACTOR. Sub- contractor or others suffering any such loss and il`any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchas- er's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance pol- icy, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appro- priate Change Order or Written Amendment. Prior to com- mencement of the Work at the site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. IWaiver of Rights: it 1 1 u 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicahle to the Work. and also waive all such rights against the Subcontractors. EN'C 1 - NEER, ENGINEER's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11. each subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR, ENGINEER, ENGI- NEER's consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise pay- able under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that any policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall con- tain provisions to the effect that in the event of payment of any loss or damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by ENGINEER or ENGI- NT-ER's consultant OWNER will obtain the same, and if c;c_ 13 such waiver forms are required of any Subcontractor CONTRACTOR will obtain the sante. Receipt and Application of I'rovecds: ',I'- Awv in-.ured lo,� the policic, of ilt,unutit, n•qulrctl he p;it.:craph, `.1, and `.' still ht ;.dju'tcd "6111 (?44'NI.K :utd ni;jd pair ;iHt, uta ()\V'N[:R .tc trr,tcc floc the insureds, a, their interests maN appear, suhfect to the requirc- ments of any applicable mortgage clau-,c and of paragraph 5. 13. OWNER shall deposit in it separate ;lccount any monc} so received, and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special 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 trustee 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 trustee shall make set- tlement with the insurers in accordance with such agreem, w as the parties in interest may reach. 11'required in writing h�, any party in interest, OWNER as trustee shall, upon the occurrence of an insured loss. give hand for the proper per- formance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complyine with the Contract Documents. OWNER shall notify CON- TRACTOR in writing thereof a ithin ten days of the date of deliver} of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or -other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents, CON- TRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery of such certificates to CON- TRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such addi- tional information in respect of insurance provided by each as the other mai' reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insur- ance purchased by the other as complying with the Contract Documents. Partial Utilization—Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Comple- tion of all the Work, such use or occupancy may be accom- plished in accordance »ith paragraph 14. 10, provided that no J I ] 1 I I J l �J such use or occupancy shall commence before the insurers providing the property insurance have acknowledged noti� c thereof and in writing effected the changes in coverage neces- sitated therehy. The insurers providing the property incur ance shall cow em by endorsement tm the policy or policic,. hilt the propel t. in11ttralice shall not he cancelled m lap,e on :i',; unnt of aulS such partial use or oceupanc} . ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES .Supervision and .Superintendence: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as maybe necessary to perform the Work in accordance with the Contract Doc- uments. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordi nary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CON- TRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and per- form construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Sat- urday, Sunday or any legal holiday without OWNER's writ- ten consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments, CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing. start-up and completion of the Work. (U_ 14 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Doc uments. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence tincluding tcparts of re(luirckf tc ts) as to the kind and quality of Inlet i d 'Ind rquipincnt. All nl<ttcriads and equipmt°nt >hall t ���t�!u�I_ it.t;tllcd. roll u�cteu. el ected. t..cd. cle�tncd'Intl r.li!t ut_,1 u-�ccord,ntr. with the instructions ol' the aippli� i .i�_ iu iicr r�rrt�t ;t. otherwise provided in the Contract t ���ct n,� i,.,_ 1)1!1 no pn, vision of any such instructions will he eftecUve to ;1. ipn ENGiNFER.oranyofl:NGINF ER'sconsultat, .�,;r employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or author ity to undertake responsibility contrary to the provision, t,l paragraph 9.15 or 9.16. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) adjust- ments in the progress schedule to reflect the impact thereon of new developments: these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of" the General Requirements applicahic thereto. Substitutes or 'Or -Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type. function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or equipment of other Suppliers may he accepted by ENGINEER if sufficient informattion is submitted by CONTRACTOR to ,]look, ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEfiR will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRACTOR. If CON- TRACTOR wishes to furnish or use a substitute item of' material or equipment, CONTRACTOR shall make writ- ten application to ENGINEER for acceptance thereof. certifying that the proposed substitute will perfortn ade- quately the functions and achieve the results called for by the general design. he similar and of equal substance to that specified and be suited to the same use as that spcc- ified. The application will state that the evaluation and acceptance of the proposed substitute will; not prejudice CONTRACTOR's achievement of Substantial Comple- tion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to pavment of any license =fee of 1 1 1 1 1 [7 n royalty. All variations ofthe 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 Ucmizcd esti- mate of all coat. th;if will result dircetlN of uidircctiv dont accrpLtncc of such `ut�,iiu�t�', inrludtm_ k- 1 redesign of Oii, f ':i! he , it ic', ted Ir, I "'61NITR n cvdu;ttinc the to„t7t,,rd ,t�i�ttntt� t,NGINE:I�.K may rcitoirc CON "I RAC'MR to himi,h m C('MI RACTOR's :tddmwn;d d:tt:t ,tliow thi proposed substitute. 6.7.2. Ifa specific means, method, technique, sequence Of procedure of construction is indicated in or required by the Contract Documents. CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction acceptable to ENGINEER. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in paragraph 6.7.1 as applied by ENGINEER and as may he supplemented in the Gen- eral Rcquirements. 6.73. ENGINEER will be allowed if reasonable time within �% hich to evaluate each proposed substitute. ENGI- NEER will be the sole judge of acceptability. and no substitute wi11 be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evi- denced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER'S consultants in eva,uating substitutions proposed by CONTRACT OR -end in making changes in the Contract Documents occasioned thereby Whether or not ENGINEER accepts a proposed substitute. CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indi- cated in paragraph 6.8.2). whether initially or as it substi- tute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers or other per- sons or organizations (including those who are to furnish the principal items of materials and equipment) to be sub- mitted to OWNER in advance of the specified date prior to the Effective Date ofthe Agreement for acceptance by W - Ii OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof to accordance with the Supple- mentaryConditions, OWNER'sor ENGINEEiR'saccept- arncc (either in writing or by tailing to make %+inlet ohjtx- tion thereto by the date indicated for acceptance or ohfcc tion inthebidding, documents of- the Conti— 11)-� tn)ctit.t of ani such Subcontractor. Supplier or oth,: parson or organization so identified ma, be revoked tnc ha,ic of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute. the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization hall constitute a waiver of any right of MVN 1-:R or ENGI- NEER to reject defective Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcon- tractors, Suppliers and other persons and organizations per- forming or furnishing any of the Work under a direct of- indirect rindirect contract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's 6wn acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor. Supplier or other person or organization. nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 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 Subcontractor, or Suppliers or delineating the GAlork to he performed hv <tnl_ specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pol- icies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and roy- alties and assume all costs incident to the use in the perfor- mance 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 perfor- mance of the Work and if to the actual knowledge ofo” N ER 1 1 1, or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee orroyaltyto others, the existence of such rights shall be disclosed by OWNER in the Contract Documems. CONTRACTOR shall indemnify and hold harmless (M'NER and ENGINEER and anyone dir�rtly or Mdirccdl employed by either of them from and atiuintit ;aU i :;aims. ,i;urr�ge�. losses and expenses uncludint' ,nromrc� Tec.<,Ifw "hurl and urhitration costs) wising out of, aim infringement cif 11 iocnt rights or copyrights incident to the use in the 11C11,01mance of they Work or resulting from the incorporation in the Work of .111', irncntion, de<ign. process. product or device not specified in the Contract Documents. and shall defend all such claims in connection with any alleged infringement of such rights. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. which areapplicable at the time of opening of Bids, or ifthere are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility ov,ners.for con- nections 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: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur- ni,,hing and performance of the Work. Except where oth- er%%ise expressly required by applicable Laws and Regu- lations, neither OWN ER nor ENGINEER shall be respon- sible for monitoring CON'TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that the Specifi- cations or Drawings are at variance with any Laws or Regulations. CONTRACTOR shall give ENGINEER prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4.. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations. and without such notice to ENGINEER, CONTRAC"COR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRAC- TOR in ;accordance with the Laws and Regulations of the 16 place of the Project which are applicable during the perfor- mance of the Work. Use of Prernises: 6. 10, TRAC I (K shah confine construction equip mento thL ,,,;rage of mat;:rials and equipmcni and the oper- ,inkm, ol't of kers to the Project site and land and areas iden- uficd in .Incl permitted by the Contract Documents and other i;unf �uxl permitted by Laws and Regulations, rights- ol-,�' 1\. permits tnd easements, and shall not unreasonably encumber the premises with construction equipment or other niaterials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contig- uous thereto, resulting from the performance of file Work. Should any claim be made against OWNER or ENGINI'I-R by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations. indemnify and hold OWNER and ENGINEER harmless from and against all claims. damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equi- table, brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance 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 Werk CON"TRAC1"OR ,,hail reniov all waste materials, rubbish and dchris from and about the premises as well as all tools, appliances. construction equip- ment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during con- struction. These record documents together with all approved samples and a counterpart of all approved Shop-1)ra\%ings will he a\ailable to ENGINEER for reference. t'pon corn - u pletion of the Work, these record documents, samples and Shop Drawi tip will be delivered to ENGINEER for OWNER. Sa f,iY and Prot,r tion: 6.20. CON Ik,1(' H)R shall he maintaining tuui ,upervising all salrty "Ild !,r,) - grams in connection with the Work. CON IRACI�OP Ik,JH take all precautions fur the safct\ oI. ,utrl h,X provide the nccc,s.rry protection to prc%cnt okt(mwc. tniu: " or loss to: 6.20.1. all employes on the Work and other persons and organizations who may be affected thereby; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs. lawns, walks. pavements, road- ways. structures, utilities and Undergr-uund Facilities not designated for removal, relocation or replacement in the course of construction. ri G' CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the 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. CONTRACTOR shall notify owners 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 pro- tection, removal, relocation and replacement of their prop- crt%. All damage. injury or loss to am property referred to in paragraph 6?0? or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR. any Subcontractor. Supplier or any other person or organization directly or indi- rectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may he liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accord- ance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substan- tial Completion). 6.21. CONTRACTOR shall designate a responsible rep- resentative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superin- tendent unless otherwise designated in writing by CON- TR:\ChOR to OWNER. Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. C'(P14 TRACTOR, vvithixn special instruction or authorization hkwl f:'S1(i NI-I_,R or MVNNE-R. is oblroatcd to ,i,:t TO prevCnt F :r ; i.f;h pn�mpt t� ritten ir.�ti�c ;1 t O ii, V I i ill ),clic e, h.r! c.ir*nific;tnt Changes in the )ik or uiaii«ru born tlic (_ nu.�ct i�uc�urr�nts hate been �.au,c�i � �� r:h� IfF:NGI in the t._� en:err:enc� _ 4o ork t)irct live Change or C hangc Order will he issued t0 d—CUMC11t 11K: consequences of the changes or variations. Shop Drawings and Samples: 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements, CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see para- graph 2.9). or for other appropriate action if so indicated in the Supplementary Conditions. five copic, (unless otherwise specified in the General Requirements) of all Shop Drawings, which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsi- hilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimen- sions, specified performance and design criteria, materials and similar data to enable ENGINEER to review the infor- mation as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work, all samples required by the Contract Doc- uments. All samples will have been checked by and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified clearly as to material. Supplier, pertinent data such as catalog numbers and the use for which intended. 6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veri- fied all quantities, dimensions, specified performance cri- teria, installation requirements, materials, catalog num- bers and similar data with respect thereto and reviewed or 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. At the time of each submission, CONTRAC- TOR shall give ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and. in addition. shall cause a specific notation to he made on 11 I F C 1 each Shop Drawing submitted to ENGINEER for re% icw and approval of each such variation. 6.26. ENGINEER will review and approve with re < .�:i- ahlc promptness Shop Drawings and sample,. but 1_A't11- \f.t�:ft. rcvicw and approval will be only for,;onfurn.:uc� with the design eoncept of the Project and ti>i comph,!ij� r with the information given in the Contract Documents .tui shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific me,:ns. method, technique, sequence or procedure of construction iti indicated in or required 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. CON- TRACTOR shall make corrections required by ENGINI.ER, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.2 and ENGINEER has given written, approval of each such varia- tion by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.25. I. 6.28. Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. Indemnification: 6.30. To the fullest extent permitted by Laws and Regu- lations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) aris- ing out of or resulting from the performance of the Work, GC– 18 provided that any such claim. damage. loss or expense (a) is attributable to bodily injure. sickness. disease or death. or to injury to or dcstruetion of Iamgihic pnoheri� (other than the Wolk i 5c!1) including, (hr I, „ uf; n the! hnr'Ohi h! iti cd in \knoli ur I part I .ern 11 t! of uti'lor: orurganit:rtiort(fit r�I'%,u i; to per kn in or furnish om t he of o, t u; „i r 1, acts any of them may he rcg,r,dk:, (if whcthcc it is caused in part by it parte indenmitic,f hrrciindc. . by or i, imposed by Law and Rcf;ula;ioli, �e ardir negligence of any such party. 6.31. In any and all claims against MV\F.h of 1,J; I NEER or any of their consultants, agents or employcep h, any employee of CONTRACTOR, ani Subcontractor, an} 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 6.30 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 or other person or organization under workers' or workmen's compensation act,, disahiliti benefit acts or other cmplo\ ee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the hahility of ENGINEER. ENGINEER's consultants, agents or employees athin" out of the preparation or approval of maps. drawings, opinions, reports, surveys, Change Orders, designs or specifications. ARTICLE 7—OTHER WORK Related Work at Site: 7. t . OWNER may perform other work related to the Proj- ect at the site by OWNER's own forces, have other work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such perfor- mance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof. CONTRACTOR may make a claim therefor as provided in Articles 1 I and 12. 7.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER, if OWNER is performing the additional 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 work. and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may he required to make its several parts come together properly and integrate with such other work. CON- it C fI TRACTOR shall not endanger any work of others by cutting. excavating or otherwise altering their work and will only cut Of �.hcr their v+oik with the written consent -of ENGINEER ,Ind the othc,, "Olo,c work v:ill he :111* ctcd. The duties Anil Ie�pou�il.(litie>. of C(1N f h �( i UR under this par,igiaph arc i0l the hcnclu of, ,ucir ill and hiller cut;unctttn, to thr cmcnt ilia( there ,int{':!r :i,lc provision, fur the henclu of ('ON Il� \(' ;I .'untmct> hct\tccn OWNI=R and .u,h utilii� an,.i 0n110rconU<«t�r. ?. i_ If any part of CONTRAC I OR's y\ of n dcpcnd; it)( proper execution or results upon the work of any such other contractor or utility owner (or OWNER). CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integra- tion with CONTRACTOR's Work except for latent or non - apparent defects and deficiencies in the other work. Coordination: 7.4. if OWNER conn -acts with others for the pertbr- mance of other work on the Project at the site. the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions, and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such author- ity and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWN ER nor ENGINEER shall have any authority or responsibility in respect of such coordination. :1RTICLE 8—OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose sta- tus under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after 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 reference points are set forth in paragraphs 4.1 and 4.4. Para- graph 4.2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site: and in existing struc- tures which have been utilized by ENGINEER in preparifig the Drawings and Specifications. 8.5. OWNI?R', responsibilities in respect of pureha,im! and maintaining liahthl; and property ,ei IRni, tiA1NFII? S.?7 respect of certain inspections. tests and approvals is set forth in paragraph 13.4. I GC_ 19 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and I S.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION owner's Represernatire: 9.1. ENGINEER will be OWNER's representative dur- ing the construction period. The duties and responsibilities and the limitations ol'authority of ENGINEER as OWNER's representative during construction are set forth in the Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to deter- mine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design profes- sional, ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person will bell,; provided in the Supplementary Conditions. 11 'i 0 1� n 1 11 Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or intcipictations of the require- ments of the Contract Document; (if) the I'm in of f)r;ming. or otherwise) as ENGIN t f -.R mit, determine nec<ssary, �k hich Qhalt be consistent with or infCiiihie from the overall intent of the Contract Document.. If(_ON'lRACTOk believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract 'Lime and the pnrtics arc unable to agree to the amount or extent thereof. (CONTRACTOR may make it claim therefor as provided in Article I I or Article 12. Authorized 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 -rime and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that it Field Order justifies an increase in the Contract Price or an extension of the Contract "rime and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article I I or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's responsibility for Shop Drawings and samples, see_ paragraphs 6.23 through 6.29 inclusive. 9.8. In connection with ENGINEER's responsibilities as to Change Orders, see Articles 10. 11 and 12. 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommen- dation of an Application for Payment or otherwise). ENGI- NEER's written decisions thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CON- TRACTOR delivers to the other party to the Agreement and GC- '-O to ENGINEER written notice of intention to appeal from such it decision. beci'inrr> oil tlispatec: 1_v'(f f:t-1t %gill he the initial intcrm-c;cr (0 keq<._,_uirn;- of n( Con[r<<ct I)ocument, �Illd jukJge i ,i;:r:! iiil. ,,1 ti.� �4ork th�rcundcr. CI,titt,.. cii�l�utc� <n! otlici naLlcr'rck!lmt, io the ,t. ccptahility of the Work or the intert�ir�t.�tion _f't!,: req;tirrment, of t he (��nu:et Doct�;rent� pct i;uning t<< the �x�riornr,ux� -n„ itr uirn�� (th�: �:'ork unit claims under :Articles I I and I? in respect of change: in the Contract Price or Contract I'Mic Ne ill he refcicd initially to ENGINEER in writing with a request for it formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11. ENGINEER will not shoes par- tiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and 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 pay- ment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR ol'itch 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. Limitations on ENGINEER's Responsibilities: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor anv decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Sub- contractor, any Supplier, or any other person or organization performing any of the Work. or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms "as ordered", "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used, or the adjectives -reasonable", "suitable", "acceptable'', "proper" or "satisfactory" or adjectives of like _effect or import are used to describe a requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract DOCu- ments (unless there is ,_t specific statement indicating other- wisel the use of any such term or adtrctivc shall not he effective to assign to ENGINEER any duty or authority to super� i,e or direct the furnishing or performance of the Work or any duty, or authority to undertake responsibility contrary to the provisions of paras;raph 9. I S or 9.16. ') I `. ENt_;IN F I-1, %� iil not N� fol ( ()N t l: tt (t )k', mr;ul-. mcthod, M hr() - i. cvnrinrcfi�!!t or .he ,.dct� ut.� ir�ident thereto. ;:nd L NC,INE.fJt +rll not tlr rc,pun r,t.- it;: t't)N"1l< `,(_ -TI )I2til lie !u I,etfarnt i,l fulni,h tlic 1;? t.. :`r?ti.li;t 1)o,Unlcil 9. 16. ENGI I:}:i<' ill not be re,pon,�iblc for the acts or omissiow, of C'ON I N.\; 11 O12 or of any Subcontractor. any Supplier. or of any Other per,on or organization performing or furnishing any of the Work. ARTICLE 10—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: thcse will be authorized by a Written Amendment. a Change Order. ora Work Directive Change. Upon receipt of any such document, CONTR:�CTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor as provided in Article 1 I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supple- mented as provided in paragraphs 3,4 and 3.5, except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in para- graph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders (or Written Amendments) covering: 10.4.1. changes in the Work which are ordered by OWN ER pursuant to paragraph 10, 1, are required because of acceptance of dt,f*Cctir e Work under paragraph 13.13 or correcting defective Work under paragraph 13.14, or are agreed to by the parties: 10.4.2. changes in the Contract Price or Contract Time which are-agrced to by the parties: and GC– I 10.4.3. changes in the -Contract Price or Contract Time which embody the substance of any written decision ren- dered by ENGINEER puruant to paragraph 9.11: provided th;tt. in lieu of cXccuti1W ;uiv ,nch Change. Order, an ,ippc,ti nnuv lie taken front_ any such decision in accordance �.iththe:,rte 1,!on,ultile ContractUucttmcntsandapplicable rutatiom_ but -during any Such :q,pcad, CON- Ik.A( )R ,hall carry on the Work and adhere to the prog- schedule as provided in paragraph 6.29. 10.5. If notice of any change atfeciing the general ,cope of the Work or the provisions of the Contract Document> (including, but not limited to. Contract Price or Contact Time) is required by the provisions of any Bond to be given to a surety, the giving of any such notice %t ill be CONTRA('- TOR's responsibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE I I—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibil- ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any clairnfor an increase or decrease 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 occurrence of the 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 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 claimant's written statement that the amount claimed covers all known amounts (direct, indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shaft be determined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of 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. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2. 1). I (.i.?_ On the h;r,is. A the Coa of the Work (dctcr- n��! t.r.il_I in p;u<r�napffs 11.4 and 11.5) plu, ;a ! \ I I' A C 1 Ok I ec for overhead and profit tdeter- :r;i. cd , pr die nt p;uatraphs I L6 and 11.7). to the other provisions of the Contract Documents insofar as applicalitc. 11 -4. 1 C vet, (it special comult;,nt, (incluclim I'!n 0�11 limited tr+.n�unrrr�. ;u�'hitcct,. tc,tin� lah��r,�t� , .,. rt ,�I , anil iWi :amntam, i cm;)Io', cd n r ,.:.... ��ItiC ltll'. I 1,11cd to th.' .a wi ,. 1 {.4.5. tiupplenten[al cast, includine the i�llo��ing- 11.4.5. 1, the prr,porlion of nc' „at tt;ur�llr,rl;r- tion, travel :out uthsi,(cmcc c.%pen,cs of CON 1 RA( - TOR's employees incurred in discharge of dutie, con- nected N ith the Work. 11.4.5?. Cost, including transportation ;and ntain- tcnance, of all materials, supplies. equipment. machin - cry. appliances, office and temporary facilities at the site and hand tools not owned by the workers. which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction eyuipmcnt ;and machinery and the parts thereof Miether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER. and the costs of transportation. loading. unloading. installation, dismantling and rernkm al thereof—all in accordance with terms of said rental agreements. The rental of any such equipment, machin- ery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5,4. , Sales, consumer, use or similar taxes related to the Work. and for which CONTRAC fOR is liable, imposed by Laws and Regulatiori,. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or any- one 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. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise. to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), pro- vided they have resulted from causes other than the negligence of CONTRACTOR, 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 settlements made with the written consent and approval of OWNER. No such losses. damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRAC- TOR',, Fee. If. however. any such loss or damage f ost of fire It'ork: 1 1 .4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work Except as otherwise may be agreed to in writing h� OWNER. such costs shall he in amounts no higher than those pre�arhng rn 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 CONTRACTOR in the performance of the Work under schedulcs of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and hol- iday pay applicable thereto. Such employees shall include 1 superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Satur- day. Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. ' 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of trans- portation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts,. rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER. and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. ' If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids will be accepted. If a 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 shall be determined in the same manner as CONTRAC- TOR's Cost of the Work. All subcontracts shall he subject 1 GC_ 2_ to the other provisions of the Contract Documents insofar as applicalitc. 11 -4. 1 C vet, (it special comult;,nt, (incluclim I'!n 0�11 limited tr+.n�unrrr�. ;u�'hitcct,. tc,tin� lah��r,�t� , .,. rt ,�I , anil iWi :amntam, i cm;)Io', cd n r ,.:.... ��ItiC ltll'. I 1,11cd to th.' .a wi ,. 1 {.4.5. tiupplenten[al cast, includine the i�llo��ing- 11.4.5. 1, the prr,porlion of nc' „at tt;ur�llr,rl;r- tion, travel :out uthsi,(cmcc c.%pen,cs of CON 1 RA( - TOR's employees incurred in discharge of dutie, con- nected N ith the Work. 11.4.5?. Cost, including transportation ;and ntain- tcnance, of all materials, supplies. equipment. machin - cry. appliances, office and temporary facilities at the site and hand tools not owned by the workers. which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction eyuipmcnt ;and machinery and the parts thereof Miether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER. and the costs of transportation. loading. unloading. installation, dismantling and rernkm al thereof—all in accordance with terms of said rental agreements. The rental of any such equipment, machin- ery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5,4. , Sales, consumer, use or similar taxes related to the Work. and for which CONTRAC fOR is liable, imposed by Laws and Regulatiori,. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or any- one 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. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise. to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), pro- vided they have resulted from causes other than the negligence of CONTRACTOR, 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 settlements made with the written consent and approval of OWNER. No such losses. damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRAC- TOR',, Fee. If. however. any such loss or damage r t requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. ! I.-1flit, cost of, utilitic, luel and ,anitan ihti.', (ht, :Hc. 1 i -1 _ Minor cxpcn,,cs such ,as tclCcranr._ long ilii rnc� tcicphonc call, telephone �cryi�e at the site. rxprc,,.��< <md similar t,: tl��a�:h i!� n�< irr c��r;nection with the Woik. 11.4.5.9. Cost of prcmiuni,, i'm ;tdditional Bonds ' and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. 11.5. The term Cost of the Work shall not include any of the following: 1 1 1 1 1 1 1 1 1 1 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principal, (oi' partner- ship and sole proprietorships), genentl engi- neers, architects, estimators, attorney,. auditor,. accoun- tants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CON "TRAC- TOR's principal or a branch office for general administra- tion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in para- graph 11.4.1 or specifically covered by paragraph 11.4.4— all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal and hranch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11,5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by sub- paragraph 1 f.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of dd% ctive Work, disposal of materials or equipment wrongly supplied and making good any damage to prop- erty. 11.5.6. Other overhead or general expense costs of any kind and the costs of anv item not specifically and expressly included:in paragraph 11.4. GC– 23 CONTRACTOR's Fee: 11.6. The CONTRACTOR'S Fee alltm ed to CON"I•RAC.'- TOR for overhead and profit shall he determined n, follows: 11.6.1. a ntutu.illy ,accCtahle tivCd arc: or it none uan avrccd upour. I .t.�. .� Ire ba.cd on the 1i�llo�a'ing percentages of the �;rriou� portions of the Cost of the Work: 1 1.6.2.1. for costs incurred under paragraphs 11.4. 1 and 11.4.2, the CONTRACTOR's Fee shall be fifteen percent: 11.6.2.2. for costs incurred under paragraph 11.4.1. the CONTRACTOR's Fee shall he f ve percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent; 11.6.2.3. no fee shall be payable on the basis of costs itemized tinder paragraphs 11.4.4, 11.4.5 and 1 1.5: 1 1.6.? 4. the amount of' credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by an amount equal to ten percent of the net decrease; and 11.6.2.5. when both additions and credits are involved in any one change, the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 throaeh 11.6.2.4. inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or 11.5, CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGI- NEER. CONTRACTOR agrees that: 11.8.1. The allowances include the. cost to CON- TRACTOR (less any applicable trade discounts) of mate- rials and equipment required by the allowances to he deliv- ered at the site, and all applicable taxes: and 11.8.2. CONTRACTOR's costs for unloading and handling 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 C! J 11 C u allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENCi1NEFR to reflect actual amount~ cine C't`)'sI1RAC'TOIZ oil account cif Work covcred by allowances. and the Contract Price shall be correspond- ing(t adjusted. I itit Price IVork: 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 prices for each separately identified item of Unit Price Work tithes the estimated quantity of each item as indi- cated 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 quan- tities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sep- arately identified item. 11.9.3. Where the; quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CON- TRACTOR may make a claim for an increase in the Con- tract Price in accordance with Article 1 I if the parties are unable to agree as to the amount of any such increase.. ARTICLE 12 -CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time 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 deliv- ered within sixty days after such occurrence (unless ENGI- NEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accom- panied by the claimant's written statement that the adjust- ment 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 Time I 24 GC_ 24 be determined by ENGINEER in accordance with para- graph 9.11 if OWNERand CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will he valid il'not submitted in accordance with the requirement,, of this paragraph 12. 1. 12.2. The Contact I imc will be eMcild-1 in ttn equal to time !ost due to delays beyond the conu-ol of Ci t�- TRACTOR if a claim is made therefor as provided in pari - graph 12.1. Such delays shall include, but not be limited to. acts or neglect by OWNER or others perforrning additiomii work as contemplated by Article 7, or to tires. floods. lahor disputes, epidemics, abnormal weather conditions or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shatl not exclude recovery for damages (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) for delay by either party. ARTICLE- i3—WARRANTY'AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accor- dance with the Contract Documents and will not be defe wire. Prompt notice of all defects shall be given to CONTRA(' - TOR. All de%ective Work, whether or not in place, mac he rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. ENGINEER and ENGINEE 's representatives, other representatives of OWNER, testing agencies and gov- ernmental agencies with jurisdictional interests will have access to the Work at reasonable timesfortheko etvation,inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. 13.4. If Laws or Regulations of any public body having jurisdiction require any Work (or'part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefor, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. CONTRACTOR shall ;list) C F LIQ C C t be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN - ER's or ENGiNEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work. or of jn.ocrials or equipment suhmitted for approval prior to CON TK "CI (*.purchasethereofforincorporationinthi-Work. l h,,cost olf Ili inspections. tests and 2tppro%A, in ;rdditwn to the hove ,chich are required by the Coiam t Doi uments ~hail he pitid h. (AVNER (unless othervtiise spccttredl. 13.S. All inspections, tests or approvals other than those required by Lm , or Reettlations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGINEER if so specified). 13.6. If any Work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's imcn- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such noticC 13.7. Neither observations by ENGINEER nor inspec- tions. tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at 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 request, 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 that such Work isdefective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, expo- sure, observation. inspection and testing and of satisfactory reconstruction, (including but not limitedto fees and charges of engineers, architects, attorneys and other professionals), and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If. however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation. inspection, testing and reconstruction: and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOk may make a claim therefor as pro- vided in Articles 1 i and 12. Owner ,lfaly Stop the Work: 13 10. 11 the !fork is de/i•ctivc, or CONTRACTOR fail yid icient skilled workers or suitable material. of <yuipmcnt, or Mils to furnish or perform the Work in such ,t tvay that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stip the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of'OWN ER to exercise this right for the benefit of CONTRACTOR or any other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all ,defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER. remove it from the site and replace it with nonde.feetive Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other profes- sionals) made necessary thereby. One Year Correction Period. 13.12. 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 appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is [bund to be defective, CONTRACTOR shall promptly. without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or. if it has been rejected by OWNER, remove it from the site and replace it with nondefeetive Work. If CONTRACTOR does not promptly comply with the terms ofsud i instructions , or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work cor- rected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion ofall the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by WAtes Amendment. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it. OWNER may do so. CON- TRACTOR shall hear all direct, indirect and consequewi,,l G L C r r 1 costs attributable to OWNER's evaluation of and determi- nation to accept such defective Work (such costs to be approved by FNGINI?F.R as to reasonableness and to include but not t,c limited to fec, ;tnd charges of engineers architects attor- ncvs �rnd other professionals). It aw. ,uch acceptance occurs prier to I,NG1N1AEh's of i,ral pa�nrcnt, a Change Order will he issued th;: rece,sary revi- sions in the Contract Documents with respt_ct to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are urr.rhlc to agree a; to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION .Schedule of Values: 14. 1, The schedule^ of % ;dmu established ;rs pro%idcd in paragraph 2.9 will .serve a:, thc: hx i,' for progrc,>, payment; and ti\ ill he incorpor (ted into a form of Application for Pay- ment aa:eptahlc ti) ENGINFFIR, Progress payments on :recount of Quit Pri.:c kkork G611 he teased on the number of unit �n?plctcd. recommendation, an appropriate amount will be paid by Application for Progress Payment: CONTRACTOR to OWNER. I OWNER May Correct Defective Work. 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CON- TRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' writ- ten notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete 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 CON- TRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's represen- tatives, agents.and•employees such access to the site as may be necessary:to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and. if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11 Such direct, indirect and consequen- tial costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, ail court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- formance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. 14. At east twenty days before each progress payment is scheduled (but not more often than once a month), CON- TRACTOR shalt submit to ENGINEER for review an Appli- cation 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 equipment 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 tree and Clear of all liens, charges, security interests and encumbrances (which are hereinafter in these General Conditions referred was "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 sat- isfactory to OWNER. The amount o€retail with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covgred by any Appli- cation for Payment, whether incorporateid itt the Project or not, will pass to MNEit no later than that time of payment free and clear of all Liens. Review of Applicadonsfor Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing; to rec- ommend payment. In the latter case, CONTRACTOR may make the necessary corrections atttf t the Applica- tion. Ten days after presentation of bite l.:Ji'Okation for Pay- ment with ENGINEER's recommendation, the amount rec- ommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER. based on ENGI- NEER's on-site observations of the Work in progress as an experienced and qualified design professional and on ENGI- NEER's revic%% of the Application for Payment and the accompanying data and schedules that the Work has pro- gressed to the point indicated; that. to the hest of EVA - NV knowledge, information acid belief. the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of anv subsequent tests called for in the Contract Documents, to it final determination of quantities and classifications for Unit Price Work under paragraph 9. 10. and to any other qualifi- cations stated in the recommendation): and that CONTRAC- TOR is entitled to payment of the amount recommended. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaus- tive 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 that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRAC- TOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 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 such representations to OWNER. ENGINEER may also refuse to recommend any such pay- ment, ayment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as maybe necessary in ENGINEEWs opinion to protect OWNER from loss because`: 14.7:1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct dc,fCc- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive, OWNER may refuse to make payment -of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR's per- formance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling X— 27 OWNER to it set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice ,v,ith a rop; to EN(;INEF.R? stating the reasons for such action. Substantial Cornplerion: I t.f . 1i'hen CU v 11, I'i )R considers thv vniirc %fork ready for its intended use ('UN'lRAC R)k shall notity OWNER and ENGINVER in �Niiting lh;it the enure WVo�rk i, uhstantiall'� complete icxcept fx iitems .per _J.c,�lh� li,trd h\ CONTRACTOR as incomplete) 'and reque,t that ENGI- NEER issue it certificate of Substantial Cornpletion. Within it reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to deter- mine the status of completion. If ENGINEER does not con- sider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate it tentative list of items to be completed or cor- rected 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 objec- tions. ENGINEER concludes that the Work is not substan- tially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be com- pleted or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGI- NEER will deliver to OWNER and CONTRAC MI wti ten recommendation as to division of responsibtiIW4 .pending final payment between OWNER and CONTI�'i`tc]!R.-with respect to security, operation, safety, mainte me, heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and 'so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's afore- said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 14.9. OWNER shalt have the rightto exclude CON- TRACTOR from the Work after the date of Substantial Com- pletion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER of any finished part of the Work, which has specificdl% heti) identified in the Contract Docu- 1 0 1 i [I r� r ments, or which OWNER, ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useable part of the Work that can he used by OWNER without sig- nificant interference with CONTRACTOR's performance of the remainder of the Work., may be accomplished prior to Suhstantial Completion of all the Work subject to the follow- ini 14.It1.l. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such hart of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees. CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. Within a reasonable time aftereither such request, OWNER, CONTRACTOR and ENGINEER shall make an inspec- tion of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of para- graphs 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. OWNER may at any time request CON- TRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time there- after OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the -Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writ- ing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insur- ance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CON- TRACTOR at the time when OWNER -takes over such operation (unless they shall have otherwise agreed in writ- ing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work, OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. I GC_ 28 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requircntctw, of paragraph 5.15 in respect of property insurance. Fina( Inspectifin: 14.11. Upon �� ritten no(ice from CON I I2A( Mk thol lhk entire Work or an agreed portion thereof is compl. tc1.NG1- NEER will make a final inspection with OWNER and ('()N TRACTOR and will notify CONTRACTOR in w6tin A all particulars in which this inspection reveals that the Work is incomplete or deJirrrive. CONTRACTOR shall immediately take such measures as are necessary to remedy such deli- ciencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other docu- ments -all as required by the Contract Documents, and alter ENGINEER has indicated that the Work is acceptable (sub- ject to the provisions of paragraph 14.16). CONTRAC"COR may make application for final payment following the pro- cedure for progress payments. The final Application for Pay- ment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to OWN'ER)`of all Liens arising out of or filed in connection with:the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CON- TRACTOR that the releases and receipts include all labor, services, material and equipment for which a Lien could he filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property mightin any way be respon- sible, have been paid or otherwise satisfied; and consent of the surety, if any, to final paymettt " ,__y Subcontractor or Supplier fails to furnish a release or.roccipt in fall, CON- TRACTOR may furnish a Bond or other collateral satisfac- tory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the final .Application for Payment and accompanying documentation --all 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, ENGI- NEER will, within ten days after receipt of the final Appli- cation for Payment, indicate in writing ENGINEER's rec- ommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. 0 n C 0 -1 0 t Otherwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty dais after presentation to OWNER of the Application anti o..Cnm�. r:in.� do��rrunt..fiun..n ate form and suh>t;rncc. ;rnd with F:NGtNl+k's recommen- dation and notice of acccptahility, the amount recommended by ENGIN EE:R will hccome due ;rnd will he paid by OWNER to C'0\1 1 RAC VOR. 14.14. If. through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGI- NEER so confirms, OWNER shall, upon receipt of CON- TRACTOR's final Application for Payment and recommen- dation of ENGINEER, and without terminating the Agree- ment, make payment 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 Agree- ment, and if Bonds have been furnished as required in para- graph 5.1. the written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- erning final payment, except that it shall not constitute a waiver of claims. Contractor's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a cer- tificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents. nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13, nor any correction of defective Work by OWNER will con- stitute an acceptance of Work 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 (except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspec- tion pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein: however, it will not consti- tute a waiver by OWNER R of :iny rights in resp ,ct of GC– 29 CONTRACTOR's continuing obligations under the Con- tract Documents; and 14.10.2. a waiver of all claims by ('ON I RACfOR against OWNER other than those preyiow ly imide in wit- intr ;rnd still unsettled. ARTICLE 15—SLJSPENSION OF WO RK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may, at anytime and without cause, 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 increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 1 I and 12. Owner May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if CON- TRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy :Code as now or hereafter in dKoct at the time of filing;:ot' if-a'petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state taw in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or tinder contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of' enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5, if CONTRACTOR admits in writing an inabil- ity to pay its debts generally as they become due; 15.2,6. ifCONTRACTOR persistently fails to perform the Work in accordance with the Contract Document, I 1 11 1 L r, u (including, 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 revised from time to time); 15.'. ii'( ( )y I R:1Cl OR disregards Laws or Rcgu I.rrions of ,m\ public body having,lurisdicliow 15._.t. if CONTRACTOR disregards the authority of FNGINEE.R: or 15.2.9. if' CONTRACTOR otherwise violates in any substantial %vay any provisions of the Contact Docu- ments; OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted 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 materials 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 the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attor- neys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.2. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR thcn existing or which may thcreal'ter accrue. Any retention or par mew of'nioneys due CON "TRACI.OR. by OWNER will no; nile.r>.r t ONIIRAC I OR liom hahilay. ISA Upon seven days' written notice to CONTRAC- TOR and ENGINEER, OWNER may, without cause and %vi:how prcjudicc to any other right or remedy, elect to aban- don the �Vork and terminate the Agreement. In such case. CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include, but not be limited to, direct, indirect and con- sequential costs (including, but not limited to. fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs). Contractor May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWN ER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally deter- mined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lien of to tinating the Agreement, if ENGINEER has failed to act on an Appli- cation for Payment or OWNER. has failed to make any pay- ment as aforesaid, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR ofthe obligations under paragraph 6.29 to carry on the Work in accordance with the progressschedule and without delay during disputes and disagreements with OWNER. [The remainder of this page was left blank intentionally.] GC- 30 J ARTICLE IE. --ARBITRATION 16.1. All chinas. disputes and other nwiters in question hetwccn (AVNIFR .uad C ONTR.-V 'MR arising out tat. or ! ;ting to the. Contract D('cumenr- w the ^'reach thereof icxccpt for claims which hace hccn \t;wco ; rhe making or acceptance offitmI payment us p1w idol }-) p,Ir ,,tpli 14.10) will he decided by athitration in ,,ccotd.narc ,% idl th, I on- struction Indushv Arhitration Rule of the \racric.ut Ath tration Association then ohtainini ;v th- iinrt<.i�n;, of this Article 16. This agreement so to arhitrate and any otheragreement orconsent to arbitrate entered into in accor- dance herewith as provided in this Article 16 will be specifi- cally enforceable tinder the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a decision or (b) the tenth day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand ror arbitration of any such claim. dispute or other matter will be made later than'thirty days after the date on which ENGINEER has rendered it written decision in respect thereof in accordance with paragraph 9.11: and the failure to demand arbitration within said thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may he entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. No demand for arbitra- tion of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered writ- ten notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be. filed in writing with the other party to the Agreement and with the .American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will he made within the thirty -day or ten-day period specified in paragraph 16.2 as applicable, and in all other within :r rr,sonahlc time after Ow •!aim. w olh.i fritter in `rc ni id, il�c! th,, d.u_ �0,wti rn5titIII M igtlit,il,f.c pro��, ,fine, h,t>cd on such c k nl. dispute ,n other matter in qucsiion �ecmid he harn;cl h� the applic-.:hle statute of limi- I6. 1. No arbitration arising out of or relating to the Con- tract Documents shall include by consolidation, joinder or in any other manner any other person or entity (including ENGINEER, ENGINEER's agents, employees or consul- tants) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration. 10.4.2. such other person or entity is substantially involved in it question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRAC- TOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. The award rendered by the arbitrators will be final. judgment may be entered upon; it in any court having juris- diction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10 and 1 I of the Federal Arbitration Act (9 U.S.C. §§10,11). [The remainder of this page was left blank intentionally.] GC— 31 [This page was left blank intentionally.] u 1 u U L n 1 I I F] { ARTICLE 17—MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract I)ocu- mcnt� rcyuir� < the gi•ing of..ritten notice, it will be deerltcd to have hsn ,al ill, Liven iI'delivered in person to the indi- vid!u�{ nwinhcr of the firm or to an officer of the corporation for whom it is intended, or if'delivered at or sent by registered or certified mail. postage prepaid, to the last business address known to the giver of the notice. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computa- tion. 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omis- sion or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will he made in writing to the other party within a reasonable time of the tint ohservance of such iniury or damage. The provisions of this paragraph 17.3 shall not he construed as a substitute for or :, waiver of the pro- visions of any applicable statute of hnwi ition,, or repose. GC— 33 17.4. The duties and obligations imposed by these Gen- eral Conditions and the rights and remedies available here- under to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13.1, 13. 12. 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obliga- tion, right and remedy to which they apply. All representa- tions, warranties and guarantees made in the Contract Doc- uments will survive final payment and tertnination or com- pletion of the Agreement. ' SUPPLEMENTARY CONDITIONS ' Supplementary Conditions These Supplementary Conditions amend or supplement the Standard ' General Conditions of the Construction Contract (No. 1910-8, 1983 edition) and other provisions of the Contract Documents as indicated below. All provisions which are not amended or supplemented remain in ' full force and effect. ' SC -1. Definitions The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction ' Contract (No. 1910-8, 1983 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", "noted", "scheduled", and "specified" have same meaning as "indicated", and are used to assist the reader in locating particular information. ' "by C. Directed, Requested, Approved, Accepted, etc. imply the ENGINEER", unless otherwise indicated. ' D. Approved by ENGINEER: In no case releases CONTRACTOR from responsibility to fulfill requirements of Contract. Documents. ' E. Project Site: Space available to CONTRACTOR at location of project, either exclusively or to be shared with separate ' contractors, for performance of the work. F. Furnish: Except as otherwise defined in greater detail, term "furnish" is used to mean supply and deliver to project site, ' ready for unloading, unpacking, assembly, installation, etc., as applicable in each instance. G. Install: Except as otherwise defined in greater detail, term ' "install" is used to describe operations at project site, including unloading, unpacking, assembling, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations, as applicable in each instance. 11 I SC-1 n SC -l. Definitions (continued) H. Provide: Except as otherwise defined in greater detail, term "provide" means furnish and install, complete and ready for intended use, as applicable in each instance. I. Installer: Entity (firm or person) engaged to install work, by CONTRACTOR, SUBCONTRACTOR or SUB -SUBCONTRACTOR. Installers are required to be skilled in work they are engaged to install. J. Specification Test Format: Underscoring facilitates scan reading, no other meaning. Imperative language is directed at CONTRACTOR, unless otherwise stated. SC -2 K. Overlapping/Conflicting Requirements: Most stringent ' (generally most costly) applied and will be 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. L. Minimum Requirements: Indicated requirements are for a ' specific minimum acceptable level of quality, as recognized in the industry. Actual work must comply (with specified tolerances) or may exceed minimum within reasonable limits. ' Refer uncertainties to ENGINEER before proceeding. ' M. 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 words will be interpreted as singular and singular words will be ' interpreted as plural where applicable for context of Contract Documents. ' N. Rock: Rock is defined for payment purposes as stone or hard rock in original ledge, boulders over two cubic yards in volume in open areas and one cubic yard in volume in ' trenches, and masonry or concrete that cannot be broken or removed by normal job equipment (power shovels, scoops, or D-8 bulldozers with ripper attachment) without the use of ' explosives or drills. The classification does not include materials that can be removed by means other than drilling and blasting or drilling and wedging but which, for reasons of economy in excavating, the CONTRACTOR prefers to remove by ' drilling and blasting. SC -2 1 (2) Property Damage: $1,000,000 Each Occurrence $1,000,000 Aggregate 5.3.7 Comprehensive Automobile Liability: (1) Bodily Injury: $1,000,000 $1,000,000 (2) Property Damage: $1,000,000 $1,000,000 SC -3 Each Person Aggregate Each Occurrence Aggregate SC -2.8 Preconstruction Conference ' Amend Section 2.8 Within five 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 Shop Drawings and other submittals and for ' processing applications for Payment, and to establish a working understanding among the parties as to the Work. A schedule of ' construction shall be submitted for approval by the OWNER. SC -5.3 CONTRACTOR'S Liability Insurance The limits of liability for the insurance required by paragraph 5.3 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by law: 5.3.1 and 5.3.2 Workers' Compensation, etc. under paragraphs 5.3.1 and 5.3.2 of the General Conditions: ' (1) State: Statutory (2) Applicable Federal Statutory (3) Employer's Liability $100,000.00 ' (4) United States Longshoreman's Harbor Workers Act Statutory 5.3.3, 5.3.4, 5.3.5 and 5.3.6. Comprehensive General Liability ' (under paragraphs 5.3.2 through 5.3.6 of the General Conditions: ' (1) Bodily injury: $1.000,000 Each Occurrence $1,000,000 Aggregate (2) Property Damage: $1,000,000 Each Occurrence $1,000,000 Aggregate 5.3.7 Comprehensive Automobile Liability: (1) Bodily Injury: $1,000,000 $1,000,000 (2) Property Damage: $1,000,000 $1,000,000 SC -3 Each Person Aggregate Each Occurrence Aggregate u 1 C' SC -5.3 CONTRACTOR'S Liability Insurance (continued) 5.4 Contractual Liability Insurance: (1) Bodily Injury $1,000,000 $1,000,000 (2) Property Damage S1,000,000 S1,000,000 Each Occurrence Aggregate Each Occurrence Aggregate All the above required Liability and Property Damage Insurance Policies shall include the OWNER and the ENGINEER as an insured, otherwise an OWN --.R'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 6.30, 6.31 and 6.32 of the General Conditions covering the indemnification of the OWNER 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 f. Completed operations insurance - coverage for two years beyond contract completion. SC -5.15 Partial Utilization -Property Insurance ' Add Additional Paragraph The OWNER shall maintain Ferry Service to Fishers Island during construction and shall need a location to moor the new ferry on or about May 1. Work within the existing Ferry Slip shall not interfere with Ferry Service and the existing Ferry Slip shall be utilized by the OWNER during construction of other parts of the Work. If the Work ' is not completed by May 1, 1985, the OWNER shall have the right to moor the new Ferry within the new Ferry Slip, while work continues on the Ramp. ' SC -6.13 Permits Amend Paragraph 6.13 of the General Conditions to represent that: The OWNER has applied for the following Permits, the conditions of which shall be binding upon the CONTRACTOR. ' A. State of Connecticut, Department of Environmental Protection Permit for work in regulated areas as issued by the State of ' Connecticut Environmental Protection Agency. SC -4 ' SC -6.3 Permits (continued) ' B. U.S. Army Corp of Engineers Construction Permit for Reconstruction of Ferry Landing as issued by the Army Corp of Engineers. It is anticipated that both permits will be issued by April 1, 1985. SC Price -11 Change of Contract Delete Paragraphs 11.3.1; 11.3.3; 11.4 through 11.4.59, 11.5 ' through 11.56; 11.6 through 11.625; 11.7; 11.8 through 11.82; and 11.9.1 through 11.9.3 of the General Conditions. ' SC -18 Equal Opportunity Add New Paragraph 18.1 and 18.2 ' 18.1 Policies of Employment: The CONTRACTOR shall maintain policies of employment as follows: ' 18.1.1 The CONTRACTOR and all SUBCONTRACTORS shall not discriminate against any employer or applicant for employment because ' of race, religion, color, sex, or national origin. The CONTRACTOR shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, color, sex or national origin. Such action ' shall include, but not be limited to the following; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. ' The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the ' policies of nondiscrimination. 18.1.2 The CONTRACTOR and all SUBCONTRACTORS shall, in all solicitations or advertisements for employees placed by them or on ' their behalf, state that all qualified applicants will receive consideration for employment without regard to race, religion, color sex or national origin. SC -19 Posting Minimum Wage Rates Add Following Paragraph The CONTRACTOR shall post at appropriate conspicuous points at the site of the project a schedule showing all determined minimum wage ' rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the ' laborers and mechanics so engaged. I SC-5 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SC -20 Wage Rates Add Following Paragraph There shall be paid each laborer or mechanic of the CONTRACTOR or SUBCONTRACTORS engaged in work on the project under this contract in the trade or occupation listed in the State Wage Rate determinations included in this specification not less than the hourly rate of wages opposite the same, regardless of any contractural relationship which may be alleged to exist between the CONTRACTOR and/or any SUBCONTRACTOR and such laborers and mechanics. STATE WAGE RATES WHICH APPLY TO THIS PROJECT WILL BE ISSUED AS AN ADDENDUM. SC -6 LIST OF DRAWINGS "Fishers Island Ferry District Construction of New Ferry Docking Facility New London Harbor New London, Connecticut" Drawing Number Title Sheet 1 of 4 Plan View and Pile Details Sheet 2 of 4 Ramp and Hoist Details Sheet 3 of 4 Ramp Details Sheet 4 of 4 Sheeting and Ramp Details List of Drawings D-1 NOTICE OF AWARD Dated TO: — – -- - - -- — - 181DUhRI OWNER'S PROJECT NO. PROJECT . OWNER'S CONTRACT NO. CONTRACT FOR _, 19 (Insert name of Contract as it appears in the Ridding Documents) ------------------------------------------------------------------------ You are notified that your Bid dated _ 198_ for the above Contract has been considered. You are the apparent successful bidder a�' d have been awarded a contract for (Indicate total Work. alternates or sections of Work awarded) The Contract Price of your contract is Dollars ($ Three copies of each of the proposed Contract Documents (except Drawings) accom- pany this Notice of Award. Three sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, that is by , 198_. 1. You must deliver to the OWNER three 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. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders (paragraph 17), General Conditions (para- graph 5.1) and Supplementary Conditions (paragraph SC -S.1). 3. (List other conditions precedent). Published by Engineers' Joint Contract Documents Committec: ACEC-ASCE-NSPETF:PP 1910-22 (1980 Edition) t7 19M. National Society of Professional Engineers Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten days after you comply yvith those conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. (OWNER) By _ (AUTHORIZED SIGNATURE.) (TITLE) Copy to ENGINEER (Use Certified Mail, Return Receipt Requested) E-2 Dated 19 TO: OWN I•,R S l'IZO.I 1'_( 1 No. 111M.1I:CI• OWNER'S CONTRACT NO. CONTRACT FOR You are notified that the Contract Time under the above contract will commence to run on - , 198. - By that date, you are to start performing the Work and your other obligations under the Contract Documents. The dates of Substantial Completion and Final Completion are set forth in the Agreement; they are - , 198 --and -_--_—_-___– , 198___ , respectively. Before you may start any Work at the site, you and OWNER must each deliver to the other (with copies to ENGINEER) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also before you may start any Work at the site, you must (add other requirements) Work at the site must be started by __ 198 __ as indicated in the Contract Documents. IOWNERI By _ to UrNORI7.ED SIGNATURE) tTrrl_I:1 Copy to ENGINEER ( Use Certified Mail, Return Receipt Requested) Published h) FngmeersJoint Contract INIcuma•nrs(`ommatce. A('[:('-AS('P.-NSPI PEI'I' 1910-23 ( 1980 Edition) APPLICATION FOR PAYMENT NO To -- -- -- (OWNER) Contract tor_ —_ ._ .-._ _-- --_--- _Dated MVNER'� 111o)CCI No I N(iINEER's Project No. fm AV'ork a­olnphl hcd 1111ou'vh 'h, of IfhA1 Ct)NIRA( TOR'+Schedule of Valuc. Work Completed 1'nii Pn,c i �...... l$ Amouni Quinn), Amount AMOUNT DUE THIS APPLICATION......... S S Total S S (Orig. Contract) C. 0. No. 1 C.O. No. 2 Accompanying Documentation: CONTRACTOR's Certification: GROSS AMOUNT DUE ...................... S LESS To RETAINAGE .................. S AMOUNT DUE TO DATE .................... $ LESS PREVIOUS PAYMENTS ................ S AMOUNT DUE THIS APPLICATION......... S The undersigned CONTRACTOR certifies that (1) 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; and (2) title to all 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 interests and encumbrances (except such as covered by Bond acceptable to OWNER). Dated 19_ By RACTOR ENGINEER's Recommendation: This Application (with accompanying documentation) meets the requirements of the Contract Documents and payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated_. -- 19-- tiNGlh'rfcR. - E-4 1 No. RI-CONVNIFNI)ATION 01: PAYMENT w ' OWNER's Project No. VNGIN1:1:R . Pi(,tr,' Protea CONTRACTOR ... ' Contract For . .... ... Contract Date .................. ... . Application Date Application Amount ................. For Period Ending ........ .................... . To............................................... .. ' OWNER Attached hereto is the CONTRACTOR's Application for Payment for Work accomplished under the Contract through the date indicated above. The Application rneets the requirements of the Contract Documents and includes the CONTRAC- TOR'S Certificate stating that all previous payments to him under the Contract have been applied by him to discharge in full all of his obligations in connection with the Work covered by all prior Applications for Payments. In accordance with the Contract the undersigned recommends payment to the CONTRACTOR of the amount due as shown below. Dated............................19..... By..................................... ' STATEMENT OF WORK Original Contract Price S .............. Work to Date $ ' Net Change Orders S ..... .. .. Amount Retained $ ' Current Contract Price S .............. Subtotal Werk to he Dome S Previous Payments Recommended $ ' Amount Due This Payment S ... . NSPE-ACEC 1910-8-C(1978 Edition) !'�„i•��}n�nal Fngmc�•� ' E-5 No. ... CIiAN(:1: ORDER Dated .. ..... . OWNFR's Project No. ENGINEER's Project No . ....................... Project........................................... CONTRACTOR........................................................................ Contract For ............................... Contract Date ............................. . To: .. .......................... ...................................... CONTRACTOR You are directed to make the changes noted below in the subject Contract: ........................... :........... OWNER By.................................... Dated........................19....... Nature of the Changes Enclosures: These changes result in the following adjustment of Contract Price and Contract Time: Contract Price Prior to This Change Order $ , , , , , ,, , , , , , , , Net (Increase) (Decrease) Resulting from this Change Order $ . , . _ . , .. . Current Contract Price Including I hiN Change Order S NSPF-AUIC P)IU B(1 Contract Time Prior to This Change Order (Days of Dare) Net (increase) Wecrease) Resulting From This Chwige Order .. .... ... .. ... ........................... . (D■y&) Current Contract Time Including. This Ch,mFr Oi,Jcr ... .. . ..... ...... .. . ..... . . tls)'s nr 1), t,) The Ahove Chanties Are Approved The Above Changes Are Accepted: 1 1 1 1 E-7 ....................................... FNGINVER Ry.................. Date............................19.... CONTRACTOR By.................................. Date............................ .19.:.. CFRTIFICATE OF SUBSTANTIAL COMPLETION OWNER's Project No . .............. . I NM; NI 1=.K s hop-, Project ....... . CONTRACTOR ...................... ...... ...................... Contract For ......................... Contract Date ........................ This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To OWNER AndTo............................................................................. CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR 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 Itst may not be all-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. When this Certificate applies to a specified part of the Work the items in the tentative list shall be completed or corrected by CONTRACTOR within days of the above date of Substantial Completion. —NSPE-ACEC 1910-8-D(1978 Edition) C' 197F, National S(Krtty u( I'MIess mal hnvinttr% E-8 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Thr (late of Substantial Completion is the date upon which all guarantees and warranties begin. except as li,lluw, The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities and insurance shall be as follows: RESPONSIBILITIES: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: Executed by ENGINEER on .............. 19..... . .................................... ENGINEER By........................................ The CONTRACTOR accepts this Certificate of Substantial Completion on ............ 19..... . r rt 1 ' DIVISION 1 GENERAL REQUIREMENTS ' SECTION 01010 - SUMMARY OF THE WORK PART 1 - GENERAL ' 1.01 RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division -1 Specification sections, apply to work of this section. 1.02 PROJECT/WORK IDENTIFICATION: a. General: Name of project is "Fishers Island Ferry District - Construction of New Ferry Docking Facility, New t London Harbor, New London, Connecticut" on Contract Documents by the ENGINEER, DiCesare-Bentley Engineers, Inc. Contract Documents are dated March 12, 1985. ' b. Contract Documents indicate the work of the Contract, and related provisions of project. c. Summary by References: Work of the Contract can be summarized by reference to the Contract, General Conditions, Supplementary Conditions, Specification ' Sections as listed in the "Index of Specification Sections" bound herewith, Drawings as listed in "Schedule of Drawings" bound herewith, Addenda and Modifications to the Contract Documents. It is recognized that work of the Contract is also unavoidably affected or influenced by governing regulations, natural phenomenon, including weather conditions and other forces outside the contract ' documents. d. Abbreviated Written Summary: Briefly, and without force and effect upon contract documents, work of the Contract ' can be summarized as follows: 1. The work includes demolition and disposal of existing ' dolphins; removal and regrading of existing paved area; excavation; construction of a sheet piling bulkhead; compaction of gravel fill; construction of ' pile dolphins; an construction of a movable ramp complete with hoists and other appurtenances; paving and cleanup. C SUMMARY 01010.1 1.03 CODES APPLICABLE: Construction will be governed by: State of Connecticut Basic Building Code, effective September 1, 1971; and referenced codes and standards. Connecticut State Police Department State Fire Safety Code, November 30, 1971 edition. Construction Safety Code, State of Connecticut Labor Department. Department of Labor, Bureau of Labor Standards, Safety and Health Regulations for Construction. All other applicable laws and regulations. PART 2 - PRODUCTS (not applicable) PART 3 - EXECUTION (not applicable) END OF SECTION 01010 SUMMARY 01010.2 IDIVISION 1 GENERAL REQUIREMENTS ' SECTION01060 - DEFINITIONS AND STANDARDS - PART 1 GENERAL I DEFINITIONS AND STANDARDS 01060.1 1.01 RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and ' other Division -1 Specifications sections, apply to work of this section. ' 1.02 DEFINITIONS: a. General Explanation: A substantial amount of ' specification language constitutes definitions for terms found in other contract documents, including the drawings ' which must be recognized as diagramatic in nature and not completely descriptive of requirements indicated thereon. Certain terms used in the contract documents are defined generally in this article. Definitions and explanations ' of this section are not necessarily either complete or exclusive, but are general for the work to extent not stated more explicitly in another provision of the ' contract documents. b. Furnish: Except as otherwise defined in greater detail, term "furnish" is used to mean supply and deliver to ' project site, ready for unloading, unpacking, assembly, installation, etc., as applicable in each instance. ' c. Install: Except as otherwise defined in greater detail, term "install" is used to describe operations at project site including unloading, unpacking, assembling, erection, placing, anchoring, applying, working to dimension, ' finishing, curing, protecting, cleaning, and similar operations, as applicable in each instance. ' d. Provide: Except as otherwise defined in greater detail, term "provide" means furnish and install, complete and ready for intended use, as applicable in each instance. 1.03 FORMAT AND SPECIFICATION EXPLANATIONS: ' a. Specification Content: Because of methods by which this project specification has been produced, certain general characteristics of content, and conventions in use of ' language are explained as follows: I DEFINITIONS AND STANDARDS 01060.1 1.03 FORMAT AND SPECIFICATION EXPLANATIONS: continued ... a. Specification Content: continued... 11 Overlapping and Conflicting Requirements: Where compliance with 2 or more industry standards or sets of requirements is specified, and overlapping of those different standards or requirements establishes different or conflicting minimums or levels of quality, the most stringent requirement (which is generally recognized to be also most costly) is intended and will be enforced, unless specifically detailed language written into the contract documents (not by way of reference to an industry standard) clearly indicates that a less stringent requirement is to be fulfilled. Refer apparently equal but different requirements, and uncertainties as to which level of quality is more stringent, to ENGINEER for a decision before proceeding. 2] Minimum Quality/Quantity: In every instance, quality level or quantity shown or specified is intended as minimum for the work to be performed or provided. Except as otherwise specifically indicated, actual work may either comply exactly with that minimum (within specified tolerances), or may exceed that minimum within reasonable limits. In complying with requirements, indicated numeric values are either minimums or maximums as noted or as appropriate for context of requirements. Refer instances of uncertainty to ENGINEER for decision before requirements. 1.04 SUBMITTALS: a. Permits, Licenses and Certificates: For the OWNER'S records, submit copies of permits, licenses, certifications, inspection reports, releases, Jurisdictional settlements, notices, receipts for fee payments, judgements, and similar documents, correspondence and records established in conjunction with compliance with standards and regulations bearing upon performance of the work. PART 2 - PRODUCTS (not applicable) PART 3 - EXECUTION (not applicable) END OF SECTION 01060 DEFINITIONS AND STANDARDS 01060.2 DIVISION 1 GENERAL REQUIREMENTS SECTION 01150 - SCHEDULES, REPORTS, PAYMENTS PART 1 - GENERAL 1.01 RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division -1 Specifications sections, apply to work of this section. 1.02 BAR -CHART SCHEDULE: Within five days after the Effective Date of the Agreement, submit a bar -chart type progress schedule indicating a time bar for each major category or unit of work to be performed at site, properly sequenced and intermeshed, and showing completion of the work sufficiently in advance of date established for "substantial completion of the work". a. Superimpose an S-curve on schedule to show "estimated" total dollar -value of work performed at any date during Contract Time with a column of cost figures in left-hand margin, ranging from zero to Contract Sum. b. Distribution: Following initial submittal to and response by ENGINEER, print and distribute progress schedule to ENGINEER (3 copies), OWNER, separate CONTRACTORS (if any), principal subcontractors and suppliers or fabricators, and others with a need -to -know schedule compliance requirements. Post copies in project meeting rooms and field (temporary) offices. Distribute and post subsequent updated issues to same entities, when revisions are made; except delete entities from distribution when they have completed assigned work and are no longer involved in performance of scheduled work. PART 2 - PRODUCTS (not applicable) PART 3 - EXECUTION (not applicable) END OF SECTION 01150 SCHEDULES, REPORTS, PAYMENTS 01150.1 DIVISION 1 GENERAL REQUIREMENTS SECTION 01210 - PROCEDURES AND PERFORMANCES PART 1 - GENERAL 1.01 RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division -1 Specifications sections, apply to work of this section. 1.02 COORDINATION AND MEETINGS: a. General: Prepare and distribute to each entity performing work at the project site, a written memorandum of instruction on required coordination activities, including required notices, reports and attendance at meetings. Prepare similar memoranda for separate CONTRACTORS where interfacing of work is required. b. Coordination Drawings: Where work by separate entities requires off-site fabrication of products and materials which must be accurately interfaced and closely intermeshed to produce required results, prepare coordination drawings to indicate how the work shown by separate shop drawings will be interfaced, intermeshed and sequenced for installation. Comply with submittal requirements of "Submittals" section. c. Surveys and Records/Reports: Working from lines and levels established by the survey, and as shown in relation to the work, establish and maintain benchmarks and other dependable markers to set lines and levels for the work as needed to properly locate each element of entire project. Calculate and measure required dimensions as shown. d. Limitations for Use of Site: In addition to site utilization limitations and requirements shown on drawings, and indicated by other Contract Documents, administer allocation of available space equitably among entites needing access and space, so as to produce best overall efficiency in performance of total work of project. Schedule deliveries so as to minimize space and time requirements for storage of materials and equipment on site. Operation of Ferry Service will be maintained at all times. PROCEDURES AND PERFORMANCES 01210.1 PART 2 - PRODUCTS (not applicable) PART 3 - EXECUTION 3.01 CLEANING AND PROTECTION: a. General: During handling and installation of work at project site clean and protect work in progress and adjoining work on a basis of perpetual maintenance. Apply suitable protective covering on newly installed work where reasonably required to ensure freedom from damage or deterioration at time of substantial completion; otherwise, clean and perform maintenance on newly installed work as frequently as necessary through remainder of construction period. END OF SECTION 01210 PROCEDURES AND PERFORMANCES 01210.2 ' DIVISION 1 GENERAL REQUIREMENTS SECTION 01340 SUBMITTALS PART 1 - GENERAL ' 1.01 RELATED DOCUMENTS: Drawings and general provisions of Contract, including general and Supplementary Conditions and other Division -1 Specifications sections, apply to work of this section. 1 printed therein. 3. Samples include both fabricated and unfabricated physical examples of materials, products and units of work; both as complete units and as smaller portions of units of work; either for limited visual inspection or (where indicated) for more detailed testing and analysis. SUBMITTALS 01340.1 1.02 DESCRIPTION OF REQUIREMENTS: ' a. The types of submittal requirements specified in this section include shop drawings, product data, samples and ' miscellaneous work-related submittals. Individual submittal requirements are specified in appplicable sections for each unit of work. Refer to other Division -1 sections and other contract documents for requirements of administrative submittals. b. Definitions: Work-related submittals of this section are categorized for convenience as follows: 1. Shop Drawings - all drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, ' diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. ' 2. Product data include standard printed information on materials, products and systems, not specially -prepared for this project, other than the designation of selections from among available choices 1 printed therein. 3. Samples include both fabricated and unfabricated physical examples of materials, products and units of work; both as complete units and as smaller portions of units of work; either for limited visual inspection or (where indicated) for more detailed testing and analysis. SUBMITTALS 01340.1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PART 1 - GENERAL: continued... 1.02 1.03 DESCRIPTION OF REQUIREMENTS: continued... 4. Miscellaneous submittals related directly to the work (non -administrative) include warranties, maintenance agreements, workmanship bonds, project photographs, survey data and reports, physical work records, quality testing and certifying reports, copies of industry standards, record drawings, field measurement data, operating and maintenance materials, overrun stock, and similar information, devices and materials applicable to the work and not processed as shop drawings, product data or samples. SPECIFIC -CATEGORY SUBMITTAL REQUIREMENTS: a. Shop Drawings: 1. Initial Submittal: One correctable translucent reproducible print and two blue -line or black -line prints; reproducible will be returned; OR Three blue -line or black -line prints; one will be returned. 2. Final Submittal: Five prints PLUS number of prints needed for distribution to others (other than ENGINEER); four will be retained and remainder will be returned, one of which is to be marked -up and maintained by the CONTRACTOR as "Record Document". b. Product Data: Collect required data into one submittal for each unit of work or system; and mark each copy to show which choices and options are applicable to project. Include manufacturer's standard printed recommendations for application and use, compliance with standards, application of labels and seals, notation of field measurements, which have been checked, and special coordination requirements. Maintain one set of product data (for each submittal) at project site, available for reference by ENGINEER and others. I. Submittals: Do not submit product data, or allow its use on the project, until compliance with requirements of contract documents has been confirmed by CONTRACTOR. Submittal is for information and record, unless otherwise indicated. Initial submittal is final submittal unless returned promptly by ENGINEER, marked with an "Action" which indicates an observed non-compliance. Submit two copies, plus two additional copies (which will be returned) where required for maintenance manuals. SUBMITTALS 01340.2 u 0 n d. Closeout Submittals: Refer to "closeout" sections for specific general requirements on submittal of closeout information, materials, tools and similar items. 1. Record Documents Copies: Furnish one set. 1.04 ACTION ON SUBMITTALS: a. ENGINEER'S Action: Where action and return is required or requested, ENGINEER will review each submittal, mark with "Action", and where possible return within 1 weeks of receipt. Where submittal must be held for coordination, CONTRACTOR will be so advised without delay. PART 2 - PRODUCTS (not applicable) PART 3 - EXECUTION (not applicable) END OF SECTION 01340 SUBMITTALS 01340.3 1.03 SPECIFIC -CATEGORY SUBMITTAL REQUIREMENTS: continued... 'C. Samples: Provide units identical with final condition of proposed materials or products for the work. Include "range" samples (not less than 3 units) where unavoidable variations must be expected, and describe or identify variations between units of each set. Provide full set of ' optional samples where ENGINEER'S selection is required. Prepare samples to match ENGINEER'S sample where so indicated. Include information with each sample to show generic description, source or product name and ' manufacturer, limitations, and compliance with standards. Samples are submitted or review and confirmation of color, pattern, texture and "kind" by ENGINEER. ENGINEER will not "test" samples (except as otherwise indicated) for ' compliance with other requirements, which are therefore the exclusive responsibility of the CONTRACTOR. ' 1. Submittal: At CONTRACTOR'S option, provide preliminary submittal of a single set of samples for ENGINEER'S review and "Action". Otherwise, initial submittal is final submittal unless returned with ' "Action" which requires resubmittal. Submit 3 sets of samples in final submittal, one set will be returned. u 0 n d. Closeout Submittals: Refer to "closeout" sections for specific general requirements on submittal of closeout information, materials, tools and similar items. 1. Record Documents Copies: Furnish one set. 1.04 ACTION ON SUBMITTALS: a. ENGINEER'S Action: Where action and return is required or requested, ENGINEER will review each submittal, mark with "Action", and where possible return within 1 weeks of receipt. Where submittal must be held for coordination, CONTRACTOR will be so advised without delay. PART 2 - PRODUCTS (not applicable) PART 3 - EXECUTION (not applicable) END OF SECTION 01340 SUBMITTALS 01340.3 DIVISION 1 GENERAL REQUIREMENTS SECTION 01400 - QUALITY CONTROL PART 1 - GENERAL 1.01 RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division -1 Specifications sections, apply to work of this section. 1.02 QUALITY CONTROL: Quality Control of the Work will be under the direction and control of the OWNER. 1.03 RESPONSIBILITIES AND DUTIES FOR CONTRACTOR: The CONTRACTOR shall be responsible to furnish materials and construction in full compliance with the requirements of the Contract Documents. 1.04 CERTIFICATES: The CONTRACTOR shall secure, where required, Certificates of Compliance from the various material suppliers, certifying that the material supplied is in compliance with these specifications. CONTRACTOR is to deliver six (6) copies of each certification to the ENGINEER. The Certificate shall have sufficient space upon the face of it for the ENGINEER to affix a 4" x 4" Approval Stamp. PART 2 - PRODUCT (not applicable) PART 3 - EXECUTION (not applicable) END OF SECTION 01400 QUALITY CONTROL 01400.1 DIVISION 1 GENERAL REQUIREMENTS SECTION 01500 - TEMPORARY FACILITIES ' PART 1 - GENERAL ' 1.01 RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division -1 Specifications sections, apply to work of this section. 1.02 JOB CONDITIONS: a. Conditions of Use: Install, operate, maintain and protect temporary facilities in a manner and at locations which ' will be safe, non -hazardous, sanitary and protective of persons and property, and free of deleterious effects. ' PARTS 2 and 3 - PRODUCTS AND EXECUTION: 2/3.01 TEMPORARY UTILITY SERVICES: ' a. The types of services required include, but not by way of limitation, water, sewerage, surface drainage, electrical ' power and telephones. Where possible and reasonable, connect to existing franchised utilities for required services; and comply with service companies' recommendations on materials and methods, or engage ' service companies to install services. Locate and relocate services (as necessary) to minimize interference with construction operations. 2/3.02 TEMPORARY CONSTRUCTION FACILITIES: ' a. Electrical Power: Provide weatherproof, grounded, power distribution system sufficient to accommodate construction operations requiring power. CONTRACTOR to pay cost of ' electricity Supply power for electric welding, if any, from either ' temporary power distribution system or by engine -driven power -generator sets, at CONTRACTOR'S option. b. Lighting: Provide sufficient temporary lighting to ensure ' proper workmanship everywhere; by combined use of daylight, general lighting, and portable plug-in task lighting. Provide general lighting with local switching ' which will enable energy conservation during periods of varying activity (work-in progress, traffic only, security check, lock-up, etc.). ' TEMPORARY FACILITIES 01500.1 2/3.03 TEMPORARY SUPPORT FACILITIES a. CONTRACTOR'S Field Office: Provide adequate office space for field office personnel plus one spare work station for incidental use by subcontractor's personnel, suitably finished, furnished, equipped and conditioned. b. Sanitary Facilities: At CONTRACTOR'S option, provide either piped (wet) toilet facilities or self-contained toilet units of type acceptable to governing authorities, adequate (at all stages of construction) for use by personnel at project site. Provide separate facilities for male and female personnel when both sexes are working (in any capacity) at project site. Provide piped (wet) wash facilities with hot water; except, during time when only earthwork and foundation work are in progress, wash facilities may be limited to wet -type paper hand towels. c. Drinking Water: Provide dispenser -type, electrical -power -cooled drinking water units; either piped with potable water or supplied with bottled water; adequate in number and locations for personnel at project site. Furnish paper cups and waste receptacles. 2/3.04 SECURITY/PROTECTION PROVISIONS: a. Environmental Protection Procedures: Provide facilities, establish procedures, and conduct construction activities in a manner which will ensure compliance with regulations controlling construction activities at project site. Designate one person, the Construction Superintendent or other, to enforce strict discipline on activities related to generation of wastes, polution of air/water/soil, generation of noise, and similar harmful or deleterious effects which might violate regulations or reasonably irritate persons at or in vicinity of project site. END OF SECTION 01500 TEMPORARY FACILITIES 01500.2 DIVISION 1 GENERAL REQUIREMENTS SECTION 01700 - PROJECT CLOSEOUT PART 1 - GENERAL 1.01 1.02 1.03 RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and other Division -1 Specifications sections, apply to work of this section. DESCRIPTION OF REQUIREMENTS: a. Definitions: Closeout is hereby defined to include general requirements near end of Contract time, in preparation for final acceptance, final payment, normal termination of contract, occupancy by OWNER and similar actions evidencing completion of the work. Specific requirements for individual units of work are specified in sections of Divisions 2 thru 16. Time of closeout is directly related to "Substantial Completion", and therefore may be either a single time period for entire work or a series of time periods for individual parts of the work which have been certified as substantially complete at different dates. That time variation (if any) shall be applicable to other provisions of this section. PREREQUISITES TO SUBSTANTIAL COMPLETION: a. General: Prior to requesting ENGINEER'S inspection for certification of substantial completion (for either entire work or portions thereof), complete the following and list known exceptions in request: 1. Advise OWNER of pending insurance change -over requirements. 2. Obtain and submit releases enabling OWNER'S full and unrestricted use of the work and access to services and utilities, including (where required) occupancy permits, operating certificates, and similar releases. b. Inspection Procedures: Upon receipt of CONTRACTOR'S request, ENGINEER will either proceed with review or advise CONTRACTOR of prerequisites not fulfilled. Following initial review, ENGINEER will either prepare certificate of substantial completion, or advise CONTRACTOR of work which must be performed prior to issuance of certificate; and repeat review when requested and assured that work has been substantially completed. Results of completed review will form initial "punch -list" for final acceptance. PROJECT CLOSEOUT 01700.1 1.03 PREREQUISITES TO SUBSTANTIAL COMPLETION: Continued... ' c. Requirements of Substantial Completion shall be as set forth in Section 14.8 of the General Conditions. 1.04 PREREQUISITES TO FINAL ACCEPTANCE: ' a. General: Prior to requesting ENGINEER'S final review for certification of final acceptance and final payment, as required by General Conditions, complete the following and list known exceptions (if any) in request: I. Submit final payment request with final releases and ' supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations where required. 2. Submit updated final statement, accounting for additional (final changes to Contract Sum). ' 3. Submit certified copy of ENGINEER'S final punch -list of itemized work to be completed or corrected, stating that each item has been completed or otherwise resolved for acceptance, endorsed and dated by ENGINEER. 4. Submit specific warranties, workmanship/maintenance bonds, maintenance agreements, final certifications and similar documents. 5. Submit record drawings, maintenance manuals, final project photographs, damage or settlement survey, property survey and similar final record information. 6. Submit final meter readings for utilities, measured record of stored fuel, and similar data as of time of substantial completion or when OWNER took possession of and responsibility for corresponding elements of the work. b. Review Procedure: Upon receipt of CONTRACTOR'S review notice that work has been completed, including punch -list items resulting from earlier inspections, and excepting incomplete items delayed because of acceptable circumstances, ENGINEER will review work. Upon completion of review, ENGINEER will either prepare certificate of final acceptance or advise CONTRACTOR of work not completed or obligations not fulfilled as required for final acceptance. If necessary, procedure will be repeated. PROJECT CLOSEOUT 01700.2 11 IPROJECT CLOSEOUT 01700.3 1.05 RECORD DOCUMENT SUBMITTALS: a. Record Drawings: Maintain a white -print set (blue -line or black -line) of contract documents and shop drawings in a ' clean, undamaged condition, with mark-up of actual installation which vary substantially from the work as originally shown. Mark whichever drawing is most capable of showing "field" condition fully and accurately; ' however, where shop drawings are used for mark-up, record a cross-reference at corresponding location on working drawings. Mark with red erasable pencil and, where feasible, use other colors to distinguish between variations in separate categories of work. Mark-up new information which is recognized to be of importance to OWNER, but was for some reason not shown on either contract drawings or shop drawings. Give particular attention to concealed work, which would be difficult to measure and record at a later date. Note related change order numbers where applicable. Organize record drawing sheets into manageable sets, bind with durable paper cover sheets, and print suitable titles, dates and other ' identification on cover of each set. b. Record Specifications: Maintain one copy of specifications, including addenda, change orders and similar modifications issued in printed form during construction, and mark-up variations (of substance) in actual work in comparison with text of specifications and modifications as issued. Give particular attention to substitutions, selection of options, and similar information on work where it is concealed or cannot ' otherwise be readily discerned at a later date by direct observation. Note related record drawing information and product data, where applicable. Upon completion of mark-up, submit to ENGINEER for OWNER'S Records. ' PART 2 - PRODUCTS (not applicable) ' PART 3 - EXECUTION (not applicable) END OF SECTION 01700 11 IPROJECT CLOSEOUT 01700.3 DIVISION 2 - FERRY SLIP CONSTRUCTION SECTION 02350 - DEMOLITION PART 1 - GENERAL 1.01 RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and Division -1 Specifications sections, apply to work of this section. 1.02 DESCRIPTION: a. Remove existing bituminous concrete pavement. b. Remove existing timber pile dolphins. PART 2 - PRODUCTS (not applicable) PART 3 - CONSTRUCTION METHODS 3.01 PAVEMENT REMOVAL: Use a pavement breaker or pavement saw to create a smooth edge. Pavement is to be removed from the site. 3.02 TIMBER PILE DOLPHINS: Unwrap wire rope. Pull individual piles. Any piles which breakoff within three feet of the mud line shall be removed to a depth of three feet below the mud line. CONTRACTOR to dispose of all piles in an approved offsite location. END OF SECTION 02350 DEMOLITION 02350.1 DIVISION 2 - FERRY SLIP CONSTRUCTION SECTION 02360 - RAMP CONSTRUCTION PART 1 - GENERAL 1.01 RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and Division -1 Specifications sections, apply to work of this section. 1.02 DESCRIPTION OF WORK: a. Construct two new sheet pile bulkheads, including tie -back systems; install new pile dolphins; construct a new ramp hoist assembly; and fabricate and install a new structural steel ramp. 1.03 CODES, STANDARDS AND REFERENCES: a. American Wood Preservers Association (AWPA) Standards: M-4-80 Standard for the Care of Pressure Treated Wood Products C-18-77 Material in Marine Construction - Pressure Treatment b. American Society for Testing Materials (ASTM): D 25-73 Round Timber Piles A 53 Steel Pipe A 307 Bolts and Nuts Grade A A 153 Zinc coating on Iron and Steel Hardware A 6 General Requirements for Delivery of Rolled Steel Plates, shapes, Sheet Piling and Bars for Structural Use A 328 Standard Specifications for Steel Sheet Piling A 36 Standard Specifications for Structural Steel A 603 Specifications for Zinc -coated Steel Structural Wire Rope c. National Forest Products Association (NFPA): Product Standard 20-70 d. American Welding Society: AWS Dl.l Structural Welding Code RAMP CONSTRUCTION 02360.1 C 1 11 rl 1 u r11 PART 1 - GENERAL: continued... 1.03 CODES, STANDARDS AND REFERENCES: continued... e. American Institute of Steel Construction: AISC Code of Standard Practice for Steel Buildings and Bridges f. Steel Structures Painting Council: SSPC 16-68T 1.04 QUALITY ASSURANCE: a. Qualifications for Welding Work: Qualify welding processes and welding operators in accordance with AWS "Standard Qualification Procedure: Provide certification that welders to be employed in work have satisfactorily passed AWS qualification tests within previous 12 months." 1.05 SUBMITTALS: a. Driving Record: Submit driving record of each pile or sheet to ENGINEER no later than two days after driving. Include project name and number, name of CONTRACTOR, pile location and number, type and size of hammer used, type of pile driving cap used, pile dimensions, elevations of point, elevation of butt before and after cut-off, mudline elevation, continuous record of number of blows for each foot of penetration, and unusual occurences during pile driving. b. Certificates: Before delivery of materials, a certificate of compliance for all piles and timbers meeting specifications as to timber materials and preservative treatment shall be submitted to the ENGINEER. c. Prior to the preconstruction meeting, the CONTRACTOR shall submit a list of equipment to be used including details of driving equipment. RAMP CONSTRUCTION 02360.2 PART 1 - GENERAL: continued... 1.05 SUBMITTALS: continued... d. Product Data: Submit producer's or manufacturer's ' specifications and installation instructions for the following products: ' 1. Structural Steel Paint 2. Hardware 3. Electric Hoist 4. Hand Hoist ' 5. Sheaves 6. Pillow Blocks 7. Wire Rope ' 8. Shafts e. Shop Drawings. Submit to ENGINEER for approval shop ' drawings (2 prints, 1 sepia) including complete details and schedules for fabrication and assembly for: 1. Sheet Pile Bulkheads PART 2 -PRODUCTS ' 2.01 MATERIALS: ' a. Sheet piles and corner pieces shall be or rolled steel with interlocking edges conforming to ASTM A328 - Type PZ 27. 1. Sheet piles shall be ordered in 32 foot lengths. No splicing shall be allowed. ' 2. Each sheet pile shall be provided with standard setting holes located approximately four (4) inches below the top of each pile. ' b. Structural Steel Shapes Plates and Bars: ASTM A36. Steel Pipe: ASTM A53, Grade B --Finish Black. d. Unfinished Threaded Fasteners: ASTM A307, Grade A regular low -carbon ' steel bolts and nuts. 1. Provide hexagonal heads s and nuts for all connections. e. Electrodes for Welding: Comply with AWS Code E70ZZ Electrode. ' f• Structural Steel Paint: SSPC-PS 11.01-68T Coal Tar Epoxy-Polyamide Black Paint System. RAMP CONSTRUCTION 02360.3 PART 2 - PRODUCTS: continued... 2.01 MATERIALS: continued... g. Creosote. h. CCA i. Wood Piles: Class B - 13-3x7 Southern Yellow Pine - Conform to ASTM D 25 Piles shall be straight to the extent that a cord stretched from centerline tip to centerline butt shall fall within the projected profile of the pile. Piles shall be pressure creosoted in accordance with AWPA C18-77. The minimum net retention of creosote per cubic foot shall be twenty pounds. J. Timber: Southern Yellow Pine - Conform to WWPA Grading Rules. All timbers shall be seasoned lumber with a 15% maximum moisture content. Decking shall be pressure treated with a water solution of preservative chemicals manufactured by Koppers Company, Inc., and known as CCA or an equivalent process. The minimum net retention shall be 0.6 pounds per cubic foot. Treat field cuts and penetrations in accordance with AWPA Standard M 4. Caps and bracing shall be pressure creosoted with a net retention of creosote of not less than 12 pounds per cubic foot. k. Miscellaneous: Sheaves, Pillow Blocks, Wire Rope, and Hoists shall be of the following types as furnished by McMaster Supply Company, Chicago, Illinois or Western Block Company, Lockport, New York or approved equal. Sheaves for Counterweights: Rugged Semi -Steel castings of the Extra -Heavy Pattern type with fixed shats-Model 1193, Western Block Company. Sheaves for Ramp: Rugged Semi -Steel castings of the Extra -Heavy Pattern type with bronze bushings -Model 1193, Western Block Company. Pillow Blocks: Self -aligning Ball Bearing for Moderate Load Range Model 636K; 2" shaft (Special Order) McMaster Supply Company. RAMP CONSTRUCTION 02360.4 PART 2 - PRODUCTS: continued... 2.01 MATERIALS: continued... Wire rope: Improved Plow Steel "Nevr-Fray" type; Independent wire rope core for counterweight wire rope; Fibre core for ramp hoist, galvanized in accordance with ASYTM A 603. ' Wire Rope Fittings: Drop forged steel, open wire rope socket type galvanized. Hand Hoist: Cyclone Model S-3324 W-35 High speed Aluminum ' Hoist, McMaster Supply Company. Electric Hoist: Two ton Lodestar Model 3315 W-26 in weatherproof enclosure, McMaster Supply Company. Shafts shall be of stainless steel, cold rolled. ' Counterweight fill be shall of steel punchings of a size and shape to produce a material having a density of 300 pounds per cubic foot; 4,800 pounds are required in each ' counterweight to produce a 1,000 pound load on each chain hoist. ' PART 3 - CONSTRUCTION METHODS 3.01 PROTECTIVE COATINGS: a. Steel Sheet Pilings, Walers, Walter Frame, Ramp Beams and Channels, Counterweight, Sheaves and Pillow Blocks: Shall be given two coats of "Porter Tarset," Koppers 300 M or approved equal applied in accordance with manufacturers' specifications. 3.02 SHEET PILING: a. Before setting up sheet piles, place a temporary timber frame and drive timber piles in the inside corners to ' assist in stabilizing the frame in a lateral position. b. Use the frame to align and thread the sheet piles prior to driving. Start by securing the first pile to the frame ' and threading adjacent piles into position against the frame. Piles shall be driven with a single -acting steam or pneumatic hammer having a 6,500 pound ram and a rated striking energy of 19,500 foot pounds and operating at a ' rate of 60 blows per minute, such as the Vulcan Model 06. No jetting of piles shall be permitted. RAMP CONSTRUCTION 02360.5 PART 3 - CONSTRUCTION METHODS: continued... 1 1 a. Piles shall be driven with a single -acting steam or pneumatic hammer having a 6,500 pound ram and a rated striking energy of 19,500 foot pounds and operating at a rate of 60 blows per minute, such as the Vulcan Model 06. Jetting of piles shall not be permitted. b. All pile tips shall be shaped and fitted with approved steel driving shoes. c. All piles shall be driven with a variation of not more than 0.25 inch per foot of pile length from the vertical for plumb piles or more than 0.50 inch per foot of pile length from the required angle for batter piles. Butts shall be within 12 inches of the location indicated except for the bearing piles under the head of the ramp which shall be within 3 inches of the location indicated. Manipulation of piles to force them into position will not be permitted. All piles shall be checked by the CONTRACTOR for heave. Piles found to have been heaved shall be redriven to the required tip elevation. Piles damaged, mislocated or driven out of alignment shall be replaced or additional piles driven as directed. RAMP CONSTRUCTION 02360.6 3.02 SHEET PILING: continued... c. Drive each pile with a single or double acting hammer in a plumb position, each pile interlocking with the adjacent piles for its entire length, so as to form a continuous bulkhead throughout the length of the wall. Piles shall be driven to a true line and depth as indicated on the drawing. In the area of the ramp the sheeting shall not deviate more than two inches from a straight line to allow installation of the pile cap. ' d. At the corners of the sheeting where the new work joins the existing sheeting or bulkhead, drive corner pieces to facilitate the pouring of a concrete plug to seal the void between the new sheet piles and the existing bulkhead, ' thus preventing the soil behind from washing out. ' 3.03 TIMBER PILES: 1 1 a. Piles shall be driven with a single -acting steam or pneumatic hammer having a 6,500 pound ram and a rated striking energy of 19,500 foot pounds and operating at a rate of 60 blows per minute, such as the Vulcan Model 06. Jetting of piles shall not be permitted. b. All pile tips shall be shaped and fitted with approved steel driving shoes. c. All piles shall be driven with a variation of not more than 0.25 inch per foot of pile length from the vertical for plumb piles or more than 0.50 inch per foot of pile length from the required angle for batter piles. Butts shall be within 12 inches of the location indicated except for the bearing piles under the head of the ramp which shall be within 3 inches of the location indicated. Manipulation of piles to force them into position will not be permitted. All piles shall be checked by the CONTRACTOR for heave. Piles found to have been heaved shall be redriven to the required tip elevation. Piles damaged, mislocated or driven out of alignment shall be replaced or additional piles driven as directed. RAMP CONSTRUCTION 02360.6 11 LFI PART 3 - CONSTRUCTION METHOD: continued... 3.03 TIMBER PILES: continued... d. Piles shall be ordered in the lengths shown on the Contract Drawings and driven to the minimum elevations shown thereon. The piles supporting the shore end of the ramp shall be driven to support a 20 ton per pile static load a determined by the ENR Formula. 3.04 TIMBER FRAMING FOR DECK AND COUNTERWEIGHT SUPPORT: a. Set timber pile caps, stringers and bracing accurately to required lines and levels. Make all required cuts to a true plane. All connections shall be bolted using galvanized washers under head and nuts of all bolts shown. b. All cut surfaces shall be thoroughly bursh coated with three successive applications of hot creosote. 3.05 RAMP: a. Ramp beams and lift bar shall be fabricated in a steel fabricating shop following the AISC standards and the AWS Rules. The ramp shall be delivered to the site and lifted into the operating position. RAMP CONSTRUCTION 02360.7 e. The tops of all piling shall be cut to a true plane as shown on the plans and at the elevations as required. The ' sawed surface of the head of the ramp piles shall_ be thoroughly brush -coated with three successive applications of hot creosote. f. The heads of all dolphin piles or other exposed piles shall be cut off at the indicated elevations on a true ' plane, perpendicular to the longitudinal axis of the pile. All pile tops shall be chamfered as indicated onteh Drawings and capped with a 12/4 inch thick coat of Sikagard 694 applied in accordance with the manufacturers ' instructions. g. Lashing rope shall be 3/4 inch diameter, 6x19 spring lay improved plow steel, galvanized, fiber core center, non-preormed wire rope. Bolts, DD washers and nuts shall be 1" hot dip galvanized. 3.04 TIMBER FRAMING FOR DECK AND COUNTERWEIGHT SUPPORT: a. Set timber pile caps, stringers and bracing accurately to required lines and levels. Make all required cuts to a true plane. All connections shall be bolted using galvanized washers under head and nuts of all bolts shown. b. All cut surfaces shall be thoroughly bursh coated with three successive applications of hot creosote. 3.05 RAMP: a. Ramp beams and lift bar shall be fabricated in a steel fabricating shop following the AISC standards and the AWS Rules. The ramp shall be delivered to the site and lifted into the operating position. RAMP CONSTRUCTION 02360.7 1 1 1 1 1 1 1 1 1 1 1 1 1 1 3.05 RAMP: continued... b. Before attaching timber decking, all steel shall be given two coats of "Porter Tarset", Koppers 300 M or approved equal in accordance with the manufacturers specification. c. Timber decking shall be laid with no open joints. All planks shall be 14 feet long. No transverse joints will be permitted. d. Steel deck plate shall be attached to the timber decking with galvanized steel bolts. e. When the ramp is first placed into operating position a temporary support is necessary at the outshore end until the wire ropes are hooked up. END OF SECTION 02360 RAMP CONSTRUCTION 02360.8 DIVISION 2 - FERRY SLIP CONSTRUCTION SECTION 02370 - FILL, PAVEMENT AND ELECTRICAL PART 1 - GENERAL 1.01 RELATED DOCUMENTS: Drawings and general provisions of Contract, including General and Supplementary Conditions and the Division -1 specification sections, apply to work of this section. 1.02 DESCRIPTION OF WORK: a. Provide compact bank run gravel fill between the existing bulkhead and the new bulkhead. b. Install new pavement. c. Install an all weather electrical receptacle for the electric hoists. d. Referenneq: 1. Form 812 - State of Connecticut Department of Transportation, Standard Specifications for Roads, Bridges and Incidental Construction. 2. National Electrical Code. PART 2 - PRODUCTS 2.01 MATERIALS: a. Bank Run Gravel Form 812 Section M.02.06 Grading B. b. Processed Aggregate Form 812 Section M.05.01.1. C. Bituminous Concrete Form 812 Section M.04 Class 2. d. Electrical Wire and Receptacle Meeting the requirements of the NEC for outdoor installations. 1. Electric conduit shall be galvanized steel of the sizes required for the number and and size of conductors in accordance with UL Publication 6-1976. 2. Wire shall conform to NEMA WC 7. e. Concrete shall be Class A Form 812 having a minimum ultimate 28 day compressive strength of 3000 PSI. FILL, PAVEMENT AND ELECTRICAL 02370.1 ' PART 3 - EXECUTION: 3.01 INSTALLATION: ' a. Electrical installation shall be in accordance with the NEC. b. The electric conduit shall be set in a trench and ' backfilled with sand. Wire shall be 10 guage. Provide a weather-proof double duplex grounded receptacle at the ramp in a location to be approved by the ENGINEER. Provide a weather-proof junction box for Supplying power to the electric hoist and to any light receptacles which ' may be installed in the future. c. All backfill shall be compacted in 6" layers :with a vibratory compactor to the satisfaction of the ENGINEER, ' Sand around the electric conduit shall be first hand tamped. ' d. The bituminous concrete pavement shall be graded to drain toward the water. The pavement shall be compacted with a five ton roller. After the pavement has been compacted, the area shall be flooded with water and any puddles ' deeper than 3/8 inch shall be cut out and patched with hot bituminous concrete. ' END OF SECTION 02370 n 1 U L 1 FILL, PAVEMENT AND ELECTRICAL 02370.2 *r u 4z 11-41 Is ISM" son 4 e41,x. w N �TVW ar v"11C +21 +27 +27 +21 40 M. wf no +1 +27 5 &A L WA) IU�AL PQ%_J` Of MIX +27 601 %to L&X�_z7 .Tb(o�' L AAA i0'*2# +27 r. Ly. C. -)-T I A GC.0 c� vc)w_ Soo 8\.r0t." J Vs \A 10060 to NAM, 0 willp -mom, mm A" ftft� to w towow- rmlw� a I't Nun. 42'" NO= 20 4 too IPWS 10, ,mkd� t*W 9f Soft so^ft L ve a no*.vommww 1 J cl. Al Me low Ma op" is- v t ol: t J "T Lil. clow- C.U*T %M )Ito 4*a4" Ct% 4V MCs 16110V ULU. 7.2.7 As At fox I-AA."A our Vit_%. pn.%. Crvvmxu� r 1 .terArc v scm # Al. 6L Its go St. All�.L A 10 km 0 ILL lw '77 ter' r `-low 777 71 e. wo r y 4,< < 10 LvOtTIMCP T(> V_LKMm mr NW* f64b < < 411. 'A 16 rr.2.2.1? VllbTV.IC.T _44 0 CO�)5712UCTIOX,) OF �A.(_,-) FEV -12Y Docl�A)G �)EW LCXPOS) Hhl2BOQ- �p COW)ECTICUT . , SCALE: A,$ 64014),;' DATE: K&IMM It -, 1105 DICESARE— oo `°"" c,a14 aw BENTLEY ENGINEERS , INC. �o. �s ft 593 POQUONNOCK ROAD GROTON, CONNECTICUT DING. NO. SHUT I OF 4 ____._L STer-L. FLW 04 1 A46' . C EAEATI I C-ArrED C 0 Lwr- a zw al " r EACN l' 'St1�'E II `4 rA t; V, o11.ht-4FETEV PO 5T APV M !Gt4 EACH 510t) GALVA"IZED 67M. Ael ILL YL C-AC.H SiCe) WITh DI4k4P_TF_1Z- 4* LOPG L&G SOUS 12- ON CEPTE12 C LLAKLLA T CAP PLACE rA?­0,,,14L-r -AFTIEU- Accefot.A/'4r_F OF )TEM-OUTSIPE OF P G I A E r L;_ 12 OV CIL), EA,: -H C0oA7EF12*,EiGHT TO WE iOk APite a �4600 ulo" T*­p4?cw14Do loolD I� M-1 `V ;Z MACE W 14' 0' ELEV. +(#.0- �CALVTT_-k LA)IL OF 14kMP r 1* 41 7 COO /1Tt2*t1GHT kl)V 5 C A L ' 3/4 = 1 12' o" J LL db IrOW- 901t'T %TV.VC.TLSV_F_ .. x 10' DRAC15L$ 1'- b" A- L01 I VA Ejrr If -A /AA071-5'. I ALL EXP05ED GTtP_L_ TO ltaLr COATED *17H 7\VO (2} C_0.4,T� T 0 POID _ F r4 01Z APr-r40YMD FCAUAL 4P1"L0rU 1/\1 2.. E-A7AZE- H4,,XfDv_4;1_ -AAGLE- To rte s r- F.A P_,sLf C.A71 R';, 64 15 D. 'It �11,1 -77 _17, M IF "F"1177; C6"T2ACTQV_ TO CEAQVE 4,L - , , - I I . CQOATMi+IAU- CALDE-CL 'bTLML as. VATK2 V'(210a TO r-iLLIAG AND C_ C_ jk UNTIL iZE-L-P VATea TIGHT COMEEL Locv-5 CArmu VITH COACCE7 F: (TYP1c_ikL)22' LOVG c xlb ..THEi2 .... NA F r*l&r- r-3rru_ 'A 1613L #%,I ISO. . . . . . a E- Lo, A L L A 0 UAI D Ott A& c.AJZV_1A,.GETF-BOLT (TYPICA(TYPICAL.)204" O)ll) CEVIZ 316" STEEL DE-Cv- IFL-ATC- QoT.5ko;?V- E-,Aj 0 O/j Ly '/Z"DINMt, E2 WIVIE. (LOPE c-, GA L VA, Q I Z E D IMPIZOVED PLOWN IbLX "9 FLZ v-6TM STEEL P L&K) VfE(AY OF 12&P. P - a3 ts,'T L) -r D 2AK 11 1 N, 9 TO VikMtT2 GU-VAaJ1UD SCkL13 E - / ­ 1`-C7" I� CFL)•,ML.LIVE OF FULL.EY v IAGEC.0�)'25TIZUCTIOQ OF boas JTY;picu) CEWTEid. OF VkMR 111117,77,777 77 .7771777771 1 19 ),ttkW FE12V-y DOU-NG FbkCILIT• Y- 17 1 k) 'EW LMDCHAywUR1(DV__' FLA-rE (CINE &ACH IbsDf, V rLIX I Q V m YA 2 C -0A T 1 /4 J 0 J SCALE: *4 6 H40 ,ov DATE: )AA&,qM I jL It 64 4'� PLATE -.5 - 5 TOTAL y1 w -9.4cl-ig-i r_Hiht,)o)4ELep (2 2 ow� I zElp) 7* Y, "low ft minviti DICESARE .7 PLATE Af ALL A20"D P%Atr Xm Vr P. V. *T vo 111t:iv1*111,6) i 15ECT*�) C_ tAC.14 %Wq*0T I Zts�-m IPT 1b �:T 10 )t� E_ E SH E. AkIv L BENTLEY 7" AT *1* U#tIll I pvv#�*' 9V.0 ENGUOMS, INC.' f (6EE 2AIMP BEWI_ 161PE VIEwi .14,M4TSV_ f�44 "V Er G2*0"ITt 593 POQUX0AD , 1�, sa, � QrTH w, tl& Ax 0NM= WWI, A^I E12. 1 dZt1!'t�: ► . T Al -11T - 7T & -:, � ". L r, I ' lf`ii owo* -'1•0000 R j y j IF R 4!l A- 0" 7 it'll op 2.. /I T E- Co(�AT&QA/[-,CsHf 5kCIAVES 1(j' U:)INMETIV_ T- 4% Ll)�)E OF I'T' 501_79 „ 5,11 I -all Frr'V 7ikMF_TE1L WISE 2-OFt-, 2" DIAMLTFLtt FrIALP STEEL PILL 4*t5 H 5HAr- T. f5tAr_1AGc_) A0P./f\AL 00TY F.)ALL E-A V F- 4" PL A TE bC-A121,16 PILLCW DLCkAL'.'�!?- E-LEV. 60 ALL BOLTS 3/4`'DIJNMIETEI2 4". 10"©LOC A4- - T 3/4 DiAMETEU- LYE 50LT l A 6* LaAj G WITH L-A I 17 -= - -1 t a1 ALL PILEZ, 14" --7/ v OPE TG/3 HA/10 HOIST %\z—F-092 ALL PILES 14' 41),)IMUM DIAMETttL Mk),.?IMUt-A PI&METV:V kT CQT OFF 14e L I FT 0 G f."jA 2 1'12 A10QU5T^tJ1T OX)L T" ELECT. k 016T A. T CUT OFF 2-3/4" DIAMETER (EAST SIDE) IP L75 SOLTS PER PILE - ALL A.SoTE; -T A01cal TO 5L sTL TO IMOK ROTE 90 1167T -to bIL r1Lov%%>v_ 4t Z_ w X 10" WITH VIAVtTEV_ BOLTS, 10, PWViVE I" CLILlItAL"LL bVT 7-" PIM4- V'fLe COUM-MV-1.)EIGUT CKtAl-f- C_LV_X.V_kJUC_'L MOK 4' T)L0-'_'V.IAJG conKITILZ OUGA"T WITH I,N 4-1 /UOTF 4LL I' PJAL.Mt-I'M (o x 37 I•Q.a W112E: IZOFL bOL"15 PLV- PILL A4LL TO or GALVA.PIZED 1MPr4L0VE1P PLOW STEEL.STEEL.`(0ri-* Du tL E -A4 T FI-aT V,14:)HEI, _; A) -)P SOL`TS. 04 2' x IQ" V12ACEb PWME I -LIZ lox 19 REMP CML 0 -1 W12t fZC1PE_ GA6LVA.),)1Z%.t;t IMPIZOVLP 1�1 PL04c 5TELL ____._L STer-L. FLW 04 1 A46' . C EAEATI I C-ArrED C 0 Lwr- a zw al " r EACN l' 'St1�'E II `4 rA t; V, o11.ht-4FETEV PO 5T APV M !Gt4 EACH 510t) GALVA"IZED 67M. Ael ILL YL C-AC.H SiCe) WITh DI4k4P_TF_1Z- 4* LOPG L&G SOUS 12- ON CEPTE12 C LLAKLLA T CAP PLACE rA?­0,,,14L-r -AFTIEU- Accefot.A/'4r_F OF )TEM-OUTSIPE OF P G I A E r L;_ 12 OV CIL), EA,: -H C0oA7EF12*,EiGHT TO WE iOk APite a �4600 ulo" T*­p4?cw14Do loolD I� M-1 `V ;Z MACE W 14' 0' ELEV. +(#.0- �CALVTT_-k LA)IL OF 14kMP r 1* 41 7 COO /1Tt2*t1GHT kl)V 5 C A L ' 3/4 = 1 12' o" J LL db IrOW- 901t'T %TV.VC.TLSV_F_ .. x 10' DRAC15L$ 1'- b" A- L01 I VA Ejrr If -A /AA071-5'. I ALL EXP05ED GTtP_L_ TO ltaLr COATED *17H 7\VO (2} C_0.4,T� T 0 POID _ F r4 01Z APr-r40YMD FCAUAL 4P1"L0rU 1/\1 2.. E-A7AZE- H4,,XfDv_4;1_ -AAGLE- To rte s r- F.A P_,sLf C.A71 R';, 64 15 D. 'It �11,1 -77 _17, M IF "F"1177; C6"T2ACTQV_ TO CEAQVE 4,L - , , - I I . CQOATMi+IAU- CALDE-CL 'bTLML as. VATK2 V'(210a TO r-iLLIAG AND C_ C_ jk UNTIL iZE-L-P VATea TIGHT COMEEL Locv-5 CArmu VITH COACCE7 F: (TYP1c_ikL)22' LOVG c xlb ..THEi2 .... NA F r*l&r- r-3rru_ 'A 1613L #%,I ISO. . . . . . a E- Lo, A L L A 0 UAI D Ott A& c.AJZV_1A,.GETF-BOLT (TYPICA(TYPICAL.)204" O)ll) CEVIZ 316" STEEL DE-Cv- IFL-ATC- QoT.5ko;?V- E-,Aj 0 O/j Ly '/Z"DINMt, E2 WIVIE. (LOPE c-, GA L VA, Q I Z E D IMPIZOVED PLOWN IbLX "9 FLZ v-6TM STEEL P L&K) VfE(AY OF 12&P. P - a3 ts,'T L) -r D 2AK 11 1 N, 9 TO VikMtT2 GU-VAaJ1UD SCkL13 E - / ­ 1`-C7" I� CFL)•,ML.LIVE OF FULL.EY v IAGEC.0�)'25TIZUCTIOQ OF boas JTY;picu) CEWTEid. OF VkMR 111117,77,777 77 .7771777771 1 19 ),ttkW FE12V-y DOU-NG FbkCILIT• Y- 17 1 k) 'EW LMDCHAywUR1(DV__' FLA-rE (CINE &ACH IbsDf, V rLIX I Q V m YA 2 C -0A T 1 /4 J 0 J SCALE: *4 6 H40 ,ov DATE: )AA&,qM I jL It 64 4'� PLATE -.5 - 5 TOTAL y1 w -9.4cl-ig-i r_Hiht,)o)4ELep (2 2 ow� I zElp) 7* Y, "low ft minviti DICESARE .7 PLATE Af ALL A20"D P%Atr Xm Vr P. V. *T vo 111t:iv1*111,6) i 15ECT*�) C_ tAC.14 %Wq*0T I Zts�-m IPT 1b �:T 10 )t� E_ E SH E. 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