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Operations Center - 8777 SW Burnham Street Z C t OPERATIONS CENTER �' 8777 SW , BURNHA M ST � TIGARD , OREGON' t L' t L `j TIGARD � WATER � DISTRICT { i t LUNE 1988 ' L rr NOTICE TO CONTRACTORS AND PARTS I , II, and III WHICH CONTAINS THE PROPOSAL AND FORMS FOR CONSTRUCTION OF OPERATIONS CENTER TIGARD, OREGON w. rr rr w. AOD Ajzc� . Architect. ..� RUSSELL L. L CH Russell L. Leach &,4e,�rMf-A 17524 NE 31st Court BELLEVUE.WASIC Redmond, Washington 98052 0 Phone: 1-206-747-4224 1-206-883-2316 OFy Owner: Tigard Water District •■ 8841 SW Commercial Street Tigard, Oregon 97223 Phone: 1-503-639-1554 r JUNE 1988 W. w. F O R E W A R D rr The specifications in their entirety are prepared in parts , numbered I thru V. Parts I, II , and III are bound together herein while Parts IV and V, along with detailed drawings, although bound separately, are hereby made a part of the complete documents with the same force and effect as though all parts and plans referred to therein were under one binding. The documents and proposals which appear herein or for which provisions are made must be used in submitting proposals for con- struction of the Operations Center for Tigard Water District, Washington County, Oregon as defined by the plans and specifica- tions therefore. PART I : (a) Public Notice as advertised (b) Notice to Contractors r�. (c) Proposal Forms (d) Typical forms for Performance Bond, Certificate of Insurance, and Agreement (3) Booklet on Prevailing Wage Rates PART II : Instructions to Bidders PART III : General Conditions rr .r ;rr rr r. �r rw PUBLIC NOTICE REQUEST FOR BIDS NEW OPERATIONS CENTER wr Written sealed bids will be received by Administrator Robert E. Santee, Tigard Water District, Washington County, Oregon, until *1:00 p.m. , PDT, Monday, May 9, 1988, for the construction of a new operations center consisting of two separate buildings on a 3.5 ,rr acre site located on the northwest corner of SW Burnham and Hall Boulevard, Tigard, Oregon. Bids received after that time will rir not be considered. The buildings consist of an office structure (8,456 sq. ft. ) and a field maintenance structure (9,496 sq. ft. ) . Both structures will be built on a concrete slab, single story, with brick exterior r.. and metal roof. Construction is scheduled to begin no later than July 1, 1988. arr No bid will be received or considered by the Board of Com- missioners unless the bid contains a statement by the bidder as a part of its bid that the provisions of ORS 279.350 (Prevailing Rate rr of Wage) are to be complied with. Bidders shall comply with Chapter 279, ORS, as well as any rr changes and amendments thereto. Prospective bidders must be pre- qualified in accordance with ORS using regular AGC forms. To be �.. eligible to bid on this project, prequalification forms must be received at the district office, 8841 SW Commercial Street, Tigard, +++ Oregon, not later than 1:00 p.m. , Friday, April 29, 1988. Class of work is general construction of multi-purpose buildings. The decision of the Board of Commissioners with respect to qualifications of prospective bidders is final. err One set of drawings, specifications, and forms of contract documents may be obtained at the district office after 1:00 p.m. , r. Tuesday, April 19, 1988. A non-refundable fee of $25 will be charged for each set. *Changed to 1:00 p.m, PDT, Tuesday, June 14, 1988. rr PUBLIC NOTICE -- Page 1 rrr arr PUBLIC NOTICE: (Continued) rY A surety bond, cashier's check, or certified check in the amount of 10% of the amount bid for the contract shall be attached to the bid. ow Bids will be publicly opened and read aloud at the regular meeting by a member of the Board of Commissioners at the Tigard Water District rr office, located as noted above, at 7:30 p.m. , Tuesday, May 10, 1988.* Each bid must contain a statement as to whether the bidder is a r+r resident bidder as defined in ORS 279.029. The Board of Commissioners, Tigard Water District, may reject any r�r bid not in compliance with all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a r finding of the district it is in the public interest to do so. Neither contractor nor subcontractor need be licensed under ORS rw 468.883 (Asbestos Abatement Projects) . rrr ROBERT E. SANTEE Administrator TIGARD WATER DISTRICT �++ Phone: (503) 639-1554 *Changed to 7:30 p.m. , Tuesday, June 14, 1988. PUBLIC NOTICE -- Page 2 rr. wr Publish: THE TIGARD TIMES: April 14, 1988 �w DAILY JOURNAL OF COMMERCE: April 12 & 13, 1988 TIGARD WATER DISTRIC-y 8941 S. W. COMMERCIAL TIGARD OREGON 97223 nr r�r wr rr NOTICE TO CONTRACTORS CONSTRUCTION OF NEW OPERATIONS CENTER iwr FOR TIGARD WATER DISTRICT, WASHINGTON COUNTY, OREGON Sealed proposals will be received by Administrator Robert E. Santee at the office of Tigard Water District, 8841 SW Commercial Street, Tigard, Oregon 97223 , until 1 : 00 p.m. , PDT, ■. Tuesday, June 14,1988 for the construction of : Operations Center consisting of two separate buildings on a 3. 5 acre site : (1) Office (8 , 456 square feet) (2) Field Operations (9, 496 square feet) The contractor for this work shall furnish all labor , r. equipment, materials (except as noted) , and services of all kinds to complete the work in accordance with plans and speci- fications therefore. Plans and specifications may be examined or copies obtained at the office of Tigard Water District at a cost of $25 per set non-refundable. Note: Construction site is located at 8777 SW Burnham Street, at the intersection with Hall Boulevard, Tigard, Oregon. All off-site work has been completed. The site has been cleared and is mostly enclosed with a 6-foot high cyclone fence. It is proposed that construction will begin no later than July 1, 1988. Construction may begin sooner if appropriate documents have been executed, however, in any case, no disbursement of funds will be made before July 10, 1988 . Notice to Contractors - Page 1 w. (ATTACH THIS FORM TO THE BOUND CONTRACT DOCUMENTS AND SUBMIT, COMPLETE, WITH THE BID) PREQUALIFICATION You are hereby notified that (See attached list) (Name of Bidder) has been prequalified in accordance with ORS Ch. 279 to submit this proposal May 4 , 1988 A ministrator (Date) Tigard Water District err PROPOSAL TO: Tigard Water District w.� ADDRESS: 8841 SW Commercial Street Tigard, Oregon 97223 TITLE: OPERATIONS CENTER aw BIDDER: CONTRACTOR' S +�• LICENSE NO. (Where required by law) DATE: +r. BIDDER'S DECLARATION AND UNDERSTANDING iw The undersigned, hereinafter called the bidder, declares that the only persons or parties interested in this proposal aw are those named herein, that this proposal is, in all respects, fair and without fraud, that it is made without collusion with any official of the owner, and that the proposal is made without any connection or collusion with any person making another pro- posal on this contract. PROPOSAL -1- rr wr List of Prequalified Contractors: 1. R. A. Gray Construction P. 0. Box 23516 Portland, Oregon 97223 (Phone: 639-6127) 2 . Colamette Construction Company 10120 SW Hall Boulevard Suite 100 Portland, Oregon 97223 (Phone: 244-0843) 3 . OTKM Construction, Inc. 1224 SW 17th Avenue �. Portland, Oregon 97205 (Phone: 241-2875) 4. SILCO Construction Company P. 0. Box 03310 Portland, Oregon 97203 (Phone: 286-8155) 5. Todd Construction, Inc. a" P. 0. Box 949 Tualatin, Oregon 97062 (Phone: 620-7652) No 6. Contractors Incorporated 11965 SW Herman Road P. 0. Box 637 Tualatin, Oregon 97062 (Phone: 692-0100) 7. Triplett Wellman, Inc. P. 0. Box 672 Woodburn, Oregon 97071 (Phone: 982-4188) 8. Slayden Construction, Inc. w P. O. Box Stayton, Oregon 97383 (Phone: 749-1969) 9. . EMK Contractors, Inc. 540 Conger Street Eugene, Oregon 97402 (Phone: 683-3715) 10. Darrit Construction, Inc. 7601-C NE Hazeldell Ave. Vancouver, Wash. 98665 (Phone: 283-1187) 11. Bishop Contractors, Inc . 5141 SW Beaverton Hwy. Portland, Oregon 97221 (Phone: 246-7711) err The bidder further declares that he has carefully examined .. the contract documents for the construction of the project, that he has personally inspected the site, that he has satisfied him- self as to the quantities involved, including materials and equipment, and conditions of work involved, including the fact ' that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the contract documents, and that this proposal is made according to the provisions and under the terms of the contract documents, which documents are hereby made a part of this proposal. The bidder further declares that the provisions required by ORS 279. 350 relating to prevailing wage rates shall be included in his contract. (Prevailing Wage Rates document attached hereto_) . The bidder further agrees that he has exercised his own judg- do ment regarding the interpretation of subsurface information and has utilized all data which he believes pertinent from the archi- tect, engineer, owner, and other sources in arriving at his con- 60 clusions. CONTRACT EXECUTION AND BONDS rir The bidder agrees that if this proposal is accepted, he will, within ten (10) days, not including Sundays and legal holidays, after notice to award, sign the contract in the form annexed hereto, and will at that time, deliver to the owner the performance bond required herein, and will to the extent of his proposal, furnish all machinery, tools, apparatus, and other means of con- struction and do the work and furnish all the materials necessary to complete the work in the manner, in the time, and according to the methods as specified in the contract documents and required by the architect hereunder. r, START OF CONSTRUCTION AND CONTRACT COMPLETION TIME The bidder further agrees to begin work within ten (10) calendar days after the date of the "Notice to Proceed" from owner and to complete the construction of the project, in all respects, within 210 calendar days after the date of the execu- tion of the contract by the owner or "Notice to Proceed" which- ever occurs later. PROPOSAL -2- rr LIQUIDATED DAMAGES In the event the bidder is awarded the contract and shall fail to complete the work within the time limit or extended time limit agreed upon, as more particularly set forth in the contract documents, liquidated damages shall be paid to the owner at the rate of $100 per day for all work awarded under one contract until the work shall have been finished as provided by the con- tract documents. Sundays and legal holidays shall be excluded in determining days in default. RECIPROCAL PREFERENCE LAW ORS 279 . 029 requires that public contracting agencies, in determining the lowest responsible bidder, to add a percent increase to each out-of-state bidder' s bid price which is equal to the percent of preference given to local bidders in that bid- der' s home state. In other words, if the low bidder is from a state that grants a 10 percent preference to local bidders, Tigard Water District must add 10 percent to that bidder' s bid price when evaluating the bid. BIDDER BREAKDOWN OF LUMP SUM BID The three (3) lowest bidders determined on the bid opening .�. date shall provide a breakdown of the total lump sum as shown on the attached page within 3 days thereafter. If so requested by the owner, the contractor will substantiate any price or prices with further information. In the event of discrepancy between the written lump sum stated in article 'Lump Sum Bid' and the arithmetic total of the following bidder breakdown, the lump sum stated in writing shall have precedence. NAME OF SUBCONTRACTORS AND SUPPLIERS +rr The names of proposed subcontractors and suppliers will be shown on page 5 herein. PROPOSAL -3- PART V (PROPOSAL - PAGE 4 ) BIDDER BREAKDOWN OF LUMP SUM BID (To be provided subsequent to bid opening) - General Conditions - Site Work - Concrete Work (Foundations & Floor) Slabs - Masonry �•. - Framing (Interior Walls & Roof) - Metal Roof (Gutters & Downspouts) - Metal Soffit - Glazing - Plumbing Rough Trim - Electrical a. Rough Fixtures & Trim - H.V.A.C. ` Rough Equipment & Trim �. - Sprinkler System (fire) - Insulation - Wallboard - Painting - Pedestrian Doors - Overhead Doors - Acoustic Ceiling Rough Trim - Tile Work - Floor Coverings (Carpet & Vinyl) - Finish Carpentry, Cabinets & Counter Tops - Toilet Accessories - Building Specialties Service Hoist (1) Flag Poles (2) - Miscellaneous - Bond +•• - Insurance - Total Lump Sum PROPOSAL -4- PART V w (PROPOSAL - PAGE 5) SUBCONTRACTORS & SUPPLIERS A. Subcontractors 1. Masonry 2. Metal Roof 3. Sheetrock •• 4 . Insulation 5. Acoustic Ceilings 6. Tile Work do 7. Cabinets 8. Plumbing 9. Electrical 10. H.V.A.C. 11. Fire Protection (Sprinklers) 12 . Painting �. B. Suppliers 1. Concrete 2 . Masonry Units 3 . Framing Lumber 4 . Glu-Lam Beams 5. Wood Trusses 6. Steel Rebar 7. Steel Col's & Connections 8. Wood Doors 9. Metal Doors 10. Overhead Garage Doors .. 11. Finish Hardware 12. Windows 13 . H.V.A.C. Equipment 14 . Appliances PROPOSAL .r ,or an LUMP SUM BID The bidder agrees to accept as full payment for work pro- posed under this project as herein specified and as shown on the plans, based upon the undersigned' s own estimate of quanti- ties and costs, the following lump sum of : Dollars �. and Cents $ (amount written in words has precedence) Total Lump Sun r. TIME LIMIT ON PROPOSAL The proposal contained herein, and bid price, is valid for a period of forty-five (45) days after the bid-opening date. It is agreed that if the bidder is awarded the contract for the work herein proposed and shall fail or refuse to execute the contract and furnish the specified contract bond within ten (10) calendar days after receipt of notice of award, then, in that �. event, the bid security deposited herewith, according to the conditions of the 'advertisement for bids' and ' information for bidders' shall be retained by the owner as liquidated damages; and it is agreed that the said sum is a fair measure of the amount of damage the owner will sustain in case the bidder shall fail or refuse to enter into the contract for the said work and to furnish the contract bond as specified in the contract docu- ments. Bid security in the form of a certified check shall be subject to the same requirements as a bid bond. BID OPENING All bids from prequalified contractors will be opened and read aloud at the regular meeting of the Board of Commissioners at 7 :30 p. m. , Tuesday, ,7une 14 , 1988 . rr +�+ PROPOSAL -6- SURETY If the bidder is awarded a construction contract on this proposal, the surety who provides performance bond will be whose address is Street) City State The name of the bidder submitting this proposal is (Zip Code) doing business at (Street) (City) (State) Zip Code) d, which is the address to which all communications concerned with this proposal and with the contract shall be sent . The names of the principal officers of the corporation submitting wo this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows : IF SOLE PROPRIETOR OR PARTNERSHIP IN WITNESS HERETO the undersigned has set his (its) hand this day of , lg_ Signature of Bidder rr Title IF CORPORATION IN WITNESS WHEREOF the undersigned corporation has caused this ,. instrument to be executed and its seal affixed by its duly authorized officers this day of 19 (SEAL) Name of Corporation By Title Attest (Secretary) PROPOSAL �r. -7- PERFORMANCE BOND• KNOW ALL MEN BY THESE PRESENTS, that we, _ the 'o ficial name, form- of as organization, and address of the Contractor and, if partnership, name of.partners Principal, and the name and address of the surety a corporation,duly authorized to do business in the State of a Surety, are jointly and s--verally held and bound unto the name and address of the OQvner in the tum of thC tbasic contract price, both in worts and igiires for the payment of which we jointly and severally bind ourselves, our heirs, executors, " administrators, successors, and assigns, firmly by these presents. +� THE CONDITION OF THIS BOND IS SUCH THAT WHEREAS , the Principal herein, on the . (name of the Contractor) day of 19 , entered into a contract with (the official name of the Obligee herein, which contract consists of Owner rr . list of the Contract Documents as named in • the contract, including the contract itself) all as hereto attached and made a part hereof, whereby said Principal undertakes to do all labor, furnish all plant and equipment, and furnish all material in accordance with all the terms and conditions set forth in said Contract Documents; and promptly to make payment for all labor, services, and material and pay sums due the State of for industrial accident Performance Bond • 1 rr err err insurance; and to sive harmless the Obligee (rum any claims for damages or injury to property or persons arising by reason of said wort,, as set out more fully in said Contract Documents;and to do and perform all things in said Contract Documents required, in the time and manner and under the terms and conditions therein set forth; and to conformity with all laws, state and national, applicable thereto. NOW, THEREFORE, it' said Principal herein shall promptly pay all persons furnishing labor, rr services, material or insurance to said Principal,or to his subcontractors,or to their assigns,on or about said work; and shall save harmless the Oblige-., its officers and agents, from all claims therefor, or from any claim for damages or injury to property or persons arising by reason of said wort.; and shall in the time and manner, and tinder the terms and conditions prescribed,well and faithfully do, perform, and furnish all matters and things as by them in said contract undertaken, and as by law, state and national prescribed, then this obligation shall be void, but otherwise it shall remain in ftill force and effect. PROVIDED, HOWEVER, that this bond is subject to the following further conditions: (a) All naatt-rl.al men and ,all persons who shall supply such Laborers, mechanics or suhcontra(.tor-, with material,supplies, or provisions for carrying on such work, shall have a direct right of action against the Principal ,and St►rety on this bond, second only to the right of the Obligee under this bond, which right of action shall be asserted in proceedings instituted in the appropriate court of the State of , and insofar as permitted by the laws of ' such right of action shall be asserted in a proceeding instituted in the name of the Obligee to the use and benefit of the person, firm or corporation instituting such action and of all persons, firms, or corporations having claims hereunder,and any other person, firm,or corporation having a claim hereunder shall have the right to be made a party to such proceeding (but not later than six months after the complete performance of said contract and final settlement and judgment rendered thereon). (b) In no event shall the Surcty be liable for a greater sum than the penalty of this bond, or subject to any shit, action, or proceeding thereon that is instituted later than the period of time r. allowed by the applicable State or Federal regulation, after the complete performance of said contract and sinal settlement thereof. (c) Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it docs hereby waive notice of any such ehangc, extension of time, alteration,or addition to the terms of the contract or to the work or to the specifications. rw err rr era Performance fiond - 2 rr nr. IN WITNESS WHEREOF, the parties hereto have caused this Bond to be executed in ,. , this��day of ,19 (SEAL) (SEAL) (SEAL) (SEAL) Principal Witnesses: (SEAL) (SEAL) (SEAL) (SEAL) Surcty Countersigned: ** Resident Agent •Note: This form is subject to the approval or change by the attorney or other ptrson authorized to rcpres�nt the Owner. .. **Note: The attorney-in-fact (resident agent) who executes the bond in behalf of the surety must attach to the bond a copy of his power of attorney notarized and effectively dated. r. r. Performance Bond - 3 �r CERTIFICATE OF INSURANCE This is to certify to: That the following described policy or policies have been issued to: (Name and address of insured) By the Name and address of insurance company Description of contract: Hri—its of Volicy Expiration Type of Coverile Lirhility Number Date 1. Workmen's Compensation Statutory 2. Employer,' liability S Lodily Injury 'reperty Uamaga* 3. Comprehensive General Liability ... A. Premises Pc Operations S $ J 13. I;lanket Contractual S $ Independent ; $ C. Subcontractors $ Products Liability and D. Completed Operations S $ . 4. Comprehensive Automobile $ y Liability (owned, hired et $ $ non-owned) ,., 5. Builders All Risk Expires 12:01 AM standard time at the address of named insured stated herein. 'Indicate the following property damage liability features Yes No 1. "Broadform" inclUding occurrence and care, custody, and control 2. Explosion, collapse, and underground damage exclusions The insurer agrees that it will notify in writing, of any material change, expiration, or cancellation of tie above c'Cscribed policies not less than 30 days before such chane, expiration,or cancellation becomes effective. It is further agreed the above named Owner, his officers, agents (incltiding the Engineer) and employees are included as additional named insureds but only as respects the performance of the above described contract. Name of-insurance company Authorized Representative +•� Date: rr AGREEMENT THIS AGREEMENT, made and entered into this day +• of June, 1988, by and between hereinafter called the "Contractor" and TIGARD WATER DISTRICT, 8841 SW Commercial Street, Tigard, Oregon 97223, hereinafter called the "Owner. " r. WITNESSETH THAT: WHEREAS, pursuant to the invitation of the Owner, the Contractor did submit to the Owner a proposal containing an offer which was invited; and WHEREAS, the Owner has heretofore determined that said offer was the lowest and best submitted: NOW, THEREFORE, IT IS AGREED: First: That the Contractor shall supply all labor and material necessary to perform and comply in every way with the requirements of those certain plans and specifications entitled : Construction of New Operations Center Second: That in consideration of faithful compliance with the terms and conditions of this agreement the Owner shall pay to the Contractor at the times and in the manner provided in said specifications the total sum of Third: That the Contractor shall perform all work in accordance with the plans and specifications within 210 days after the effective date of "Notice to Proceed" , sub- ject to the penalties for non-compliance as outlined in the specifications. Time is of the essence to this Agreement. Fourth: That the Contractor shall ensure that all workers employed under this Agreement shall be paid the prevailing wage rate (s) as defined in ORS 279. 352 and as contained in the attached booklet. Tigard Water District is hereby authorized to pay wages against funds due to the Contractor in the event the contractor or subcontractor fails to make prompt payment (OAR 839-16-020) . Contractor agrees to comply with the requirements of ORS 279.354 and OAR 839-16-010 for filing certified payroll statements. AGREEMENT - Page 1 of 2 Pages err �. AGREEMENT (Continued) Fifth: That the Contractor shall show evidence to the Owner of car y ng Liability and Property Damage Insurance coverage as referred to on Page GC-24 and Page GC-25 of the General Conditions Section of the Specifications, prior to owners issuance of the notice to proceed. Sixth: That the Contractor shall within ten (10) days from the date of notification by the Owner that this Agreement is ready for signature and before commencing work thereunder, furnish to the Owner and maintain in force during the continuance of this contract a performance bond satisfactory to the Owner in the full amount of the contract price for the faithful performance of this contract in all respects, and no contract shall be binding until the said bond is furnished and approved by the Owner, and if said .. bond is not so furnished within ten days herein specified, the contract may be immediately terminated without any notice or fur- ther action by either party and the proposed guaranty shall be forfeited. Seven: That the contract documents which are made a part of this Agreement by actual attachment or by this reference thereto r. are as follows: 1. The Detailed Plans titled : "Tigard Water District, +r Operations Center, " including the specifications thereto, to- gether with those which may be issued as supplements thereto, prepared by Russell Leach, Architect, dated June 1988 , and nr 2. The Proposal of the Contractor which was submitted to Tigard Water District on June 14 , 1988, the original of which is on file at the said district office, and .ir 3 . Pages GC-01 through Page GC-42 of the General Conditions, including those sections covering insurance requirements, and r. 4. Special Provisions SP-01 through SP-28 , and Technical Provisions (Materials and Performance) specifications, and r. 5. Attached booklet entitled "Prevailing Wage Rates for Public Works Contracts in Oregon, " effective January 1, 1988 . IN WITNESS WHEREOF, said Contractor and said Owner have caused this Agreement to be executed on the day and year first above written. TIGARD WATER DISTRICT By: Denis Borman, Chairman Board of Commissioners By: Robert C. Bledsoe, Treasurer Board of Commissioners "' AGREEP•'lENT - Page 2 of 2 Pages TABLE OF CONTENTS PART II- INSTRUCTIONS TO BIDDERS Section Description Page IB-01 INTENT OF PLANS AND SPECIFICATIONS IB-01 I B-02 INTERPRETATION OF DOCUMENTS I B-01 IB-03 EXAMINATION OF SITE AND CONDITIONS IB-02 I B-04 QUALIFICATIONS OF BIDDER I B-02 18-05 PREPARATION OF PROPOSAL I B-02 I B-06 ALTERATION OF DOCUMENTS PROHIBITED I B-03 I B-07 SUBMISSION OF PROPOSAL I B-03 I B-08 MODIFICATION OF PROPOSAL 18-03 18-09 WITHDRAWAL OF PROPOSAL I B-03 IB-10 OPENING BIDS IB-03 IB-11 AWARD OF CONTRACT 18-04 N 18-12 BASIS OF AWARD I B-04 IB-13 REJECTION OF BIDS 18-04 PART If INSTRUCTIONS TO BIDDERS IB-01 INTENT OF PLANS AND SPECIFICATIONS It is the intention of these specifications to provide for careful, thorough and workmanlike construction procedure in the installation of materials and equipment and in the manufacturer and delivery of such materials and equipment. The bidder to whom the contract is awarded shall furnish all the material and labor necessary to complete said contract in accordance with all of its terms and conditions. The plans,standard detail sheets, and specifications shall be considered and used together; anything appearing as a requirement of either shall be accepted as applicable to all even though not so stated therein or shown. Architect may furnish supplemental plans and specifications to define more clearly any requirement of the original documents; these shall be accepted by the contractor as of the some force and effect as though they had been included among the listed drawings and in case of any conflict between the listed and the supplemental drawings, the latter shall govern. The contractor shall not be entitled to extra payment because of his compliance with the requirements of such supplemental drawings unless they contain new requirements involving costs which clearly could not hove been anticipated by on experienced contractor in his examination of the original listed drawings or could not rea- sonable be inferred therefrom as requirements of the contract. All specifications and notes appearing on the plans shall have the some force and effect as though they were repeated herein. I8-02 INTERPRETATION OF DOCUMENTS If a prospective bidder is in doubt as to the true meaning of any part of the plans, specifications, or other proposed Contract Document, he may submit to ower a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery to the An interpretation will be made only by addendum duly issued by IB-01 Owner and copy thereof will be mailed or otherwise delivered to each prospective bidder. The owner will not be responsible for any other form of explanation or interpretation. IB-03 EXAMINATION OF SITE AND CONDITIONS Before making a proposal, the bidder shall examine the site of the work and ascertain for himself all the physical conditions in relation thereto. Failure to take this precaution shall not release him from his obligation as implied by the proposal he submits nor excuse him from performing the work in strict accordance with the requirements of the Contract Documents. No oral statement made by an officer, agent, or employee of the owner pertaining to the site of the work or the conditions under which the work must be performed will be binding on the owner. IB-04 QUALIFICATIONS OF BIDDER The owner desires that this project shall be built by a contractor who is competent and adequately financed. The owner may request the bidder to submit a written statement to show experience in construction work of this character as an indication of qualifications and business standing. If required the bidder may make his statement in such form as may seem appropriate but ,. it should be notarized and failure to comply with this request may cause rejection of the bid which is affected. ut. IB-05 PREPARATION OF PROPOSAL Bids must be submitted by filling in with ink (or typing) each and every •� blank provided for such purpose in the form headed "Proposal " or if the bidder is required to provide a special form appropriate to the nature of his bid then such form shall be complete in all respects as required by the specifications if it is to merit consideration by the owner. Where indicated all blank spaces shall be filled in with words and figures. Written amounts shall take precedence where there is a conflict between the written amount and the figure . If the proposal is made by a partnership, it should contain the name of each partner and should be signed in the firm name, followed by the signature of a partner or that of a person duly authorized to act for and on behalf of such partnership. If mode by a corporation, the proposal should be signed with the name of the corporation and the State in which incorporated, followed u by the written signature of the qualified officer and the designation of the office he holds in the corporation. The address of the person, firm or corporation in whose behalf the proposal is submitted shall be given. The bidder shall comply with oil other specific requirements of the proposal form. IB - 02 IB-06 ALTERATION OF DOCUMENTS PROHIBITED Except as may be provided otherwise herein, proposals which are incomplete or are conditioned in any way which the plans or specifications do not authorize, contain unverified erasures or alterations, include items which ore not named in the proposal form or which are unlawful, may be rejected as informal . IB-07 SUBMISSION OF PROPOSAL Each proposal sholl be completely sealed in a package addressed as required by the official advertisement, marked with the name of the bidder, the title of the project and the time ofProposal submission. The proposal must be delivered to the addresse at or before the time named in said advertisement. IB-08 MODIFICATION OF PROPOSAL Change in a proposal already delivered will be permitted only if a request for the privilege of making such modification is made in writing signed by the bidder and the specific modification itself is stated prior to the scheduled closing time for the receipt of proposals. To be effective every modification must be made in writing over the signature of the bidder; no other form of procedure will be acceptable. IB-09 WITHDRAWAL OF PROPOSAL A proposal may be withdrawn at any time prior to the scheduled closing time for filing bids. This may be done by the bidder in person or upon his telegraphic or written request. A telephone request for withdrawal of a proposal will not be recognized for this purpose. If withdrawal is made personally, a written acknowledgment (hereof will be required. After the scheduled closing time for filing bids, no bidder will be permitted to withdraw his proposal unless no award of contract has been made prior to the expiration of forty-five (45) days immediately following the time when bids are submitted. Bids received after the scheduled closing time will be returned to the bidder unopened. IB-10 OPENING BIDS All proposals received prior to the scheduled closing time and which are not withdrawn as above provided will be publicly opened and read aloud even though there may be irregularities or informalities therein, except that any proposal which is not signed or does not include the required proposal guaranty, will not be read and, consequently, will be rejected without consideration. IB - 03 IB-11 AWARD OF CONTRACT -.., Within forty-five (45) calendar days after the opening of the proposals the owner will accept one of the proposals or reject al bids. IB-12 BASIS OF AWARD The award will be made to the responsible contractor who submits the lowest acceptable bid. IB-13 REJECTION OF BIDS The Owner reserves the right to reject any or all proposals or to waive any informalities therein if it is believed that the best interest of the owner will be served thereby. IB-04 TABLE OF CONTENTS PART III - GENERAL CONDITIONS Section Description Page GC -01 DEFINITION OF TERMS GC-01 1 . Definition of Terms GC-01 GC-02 PROPOSAL REQUIREMENTS AND CONDITIONS GC-04 1 . Inclusion of Proposal in Contract GC-04 GC-03 AWARD AND EXECUTION OF CONTRACT GC-04 1 . Time Reserved for Award of Contract and Preparation of Contract Documents GC-04 2. Contractor to Furnish Performance Bond GC-04 3. Execution of Contract GC-04 4. Examination of Plans, Specifications, and Site of Work GC-04 5. Amount of Contract GC-05 GC-04 SCOPE OF WORK GC-05 1 . Intent of the Plans and Specifications GC-05 2. Increased or Decreased Quantities GC-05 3. Alterations in Details of Construction GC-06 e, 4. Extra Work - Additional Work GC-06 5. Protection of Work During Suspension GC-06 6. Final Trimming of Work GC-06 7. Final Cleaning Up GC-06 S. Removal of Contractor's Equipment and Materials GC-07 GC-05 CONTROL OF THE WORK GC-07 1 . Authority of the Architect GC-07 2. Deviation from the Plans GC-08 e„ 3. Interpretation of Contract, Specifications and Plans GC-08 4. Plans and Working Drawings GC-08 5. Quality of Equipment and Materials GC-10 6. Quality of Workmanship GC-11 7. Specifications by Standard Designations GC-11 S. Equipment Review Data GC-11 9. Cooperation with Other Contractors GC-12 -1- e� TABLE OF CONTENTS Part III - General Conditions (Cont'd) Section Description Page 10. Contractor to Have Representative on Work GC-12 11 . Information Regarding Work GC-13 12. Notice to Contractors GC-13 13. Notice by Contractors GC-13 14. Surveys GC-13 15. Authority and Duties of Inspectors GC-13 16. Inspection GC-14 .•� 17. Unauthorized and Defective Work GC-14 18. Disputed Claims GC-15 19. Final Contruction Review GC-15 GC-06 CONTROL OF MATERIALS GC-15 1 . Materials to be Reviewed Before Use GC-15 2. Tests of Materials GC-16 3. Storage of Materials GC-17 4. Defective Materials GC-17 5. Ordering Materials GC-17 6. Materials Furnished by the Owner GC-17 7. Manufacturer's Directions GC-17 8. Domestic Materials and Machinery GC-17 9. Property Rights in Materials GC-18 10. Title to Materials Found on the Work GC-18 11 . Warranty Period GC-18 GC-07 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC GC-18 1 . Laws to be Observed GC-18 2. Permits and Licenses GC-19 3. Patented Devices, Materials, and Processes GC-19 4. Sanitary Provisions GC-19 5. Public Safety and Convenience GC-19 6. Barricades, Warning Signs, and Flagmen GC-20 7. Fences GC-20 8. Safeguarding of Excavations GC-21 " 9. Use of Explosives GC-21 10. Trespass GC-21 I ] . Protection of Property and Persons GC-21 12. Restoration of Damaged Property GC-22 -2- s1 TABLE OF CONTENTS Part III - General Conditions (Cont'd) Section Description Page 0 13. Indemnification GC-22 14. Contractor's Responsibility for Work GC-23 15. Personal Liability of Architect GC-23 M 16. No Waiver of Legal Rights GC-23 17. Insurance GC-24 a. Hold Harmless Clause GC-24 b. General GC-24 c. Industrial Accident Insurance GC-24 d. Contractors Public Liability, Property " Damage Insurance and Vehicle Liobiltiy Insurance GC-24 e. Property Insurance GC-25 18. Payment of Bills by Contractors GC-26 19. Air and Water Pollution Laws GC-27 20. Use of Completed Portions GC-27 GC-08 PROSECUTION AND PROGRESS GC-27 1 . Beginning of the Work GC-27 2. Schedules and Progress Reports GC-27 3. Prosecution of the Work GC-27 4. Subletting or Assignment of Contract GC-28 5. Limitations of Operations GC-29 ` 6. Water Supply GC-29 7. Use of Premises GC-29 8: Protection of Work and Property GC-29 9. Character of Workmen and Equipment GC-30 10. Temporary Suspension of the Work GC-31 1111 . Time of Completion of Work and Extension of Time Limit GC-31 12. Annulment and Cancellation of Contract by Owner GC-33 13. Right of Owner to do Work GC-34 14. Contractor's Right to Stop Work or Terminate Contract GC-34 15. Suits or Actions Conceming the Work GC-34 -3- TABLE OF CONTENTS . Part III - General Conditions (Cont'd) Section Description Page GC-09 MEASUREMENT AND PAYMENT GC-35 1 . Methods of Measurement and Computation GC-35 2. Scope of Payment GC-35 3. Alteration in Details of Construction GC-35 4. Quantities and Unit Prices GC-36 a. Lump Sum GC-36 •. b. Unit Prices GC-36 5. Claims for Extra Compensation GC-36 6. Payment for Force Account Work GC-37 7. Force Account Bills GC-38 8. Payment for Omitted Items GC-39 9. Partial Payments GC-39 ** 10. Advances on Materials GC-41 ]I . Allowance for Materials Left on Hand GC-41 12. Final Estimate GC-41 13. Suspension of Payments GC-42 14. Correction of Work after Final Payment GC-42 15. Payments GC-42 -4- „ PART III GENERAL CONDITIONS GC-01 DEFINITION OF TERMS 1 . Definition of Terms. In these specifications and the contract, the following words or expressions shall be understood to have the meanings given below: „ A.S.T.M. - American Society for Testing Materials. A.W.S. - American Welding Society. A.W.W.A. - American Waterworks Association. "Bidder" - Any individpal, firm or corporation formally submitting a proposal for the work contemplated, or any portion thereof, acting directly W, or through an authorized representative. "Change Order" - A written order issued by the engineer to the contractor, covering changes in either the plans, specifications or quantities, within the scope of the contract. "Contract" - The agreement between the owner and the contractor describing the work to be done and defining the obligations of the owner and the contractor in accordance therewith. It includes the "Spec ifications","Plans", "Proposal", "Performance Bond","Maintenance Bond", and it includes also, all agreements of a supplemental nature that may be entered into during the progress of the work. "Contract Documents" - The plans, specifications, agreement, performance bond, proposal, and maintenance bond including all modifications thereof incorporated in the documents before their execution and al I agreements of a supplemental nature that may be entered into during the progress of the work; the "Contract" includes all of the "Contract Documents". "Contractor" - The individual, firm or corporation undertaking the execution of the work under the terms of the contract and acting directly or through his or its agents or employees. "District" - The "Owner" as defined above, members of all Board of Commissioners or like groups affiliated with the owner, and all employees or assistants of the "Owner". GC - 01 "Architect" - The Architect for the work as indicated in the official advertisement and named in the Contract Documents or his representative duly authorized in writing to act for the Architect. "Extra Work" - An item of work not provided for in the contract as awarded, but determined by the owner as essential to the proper completion of the contract within its intended scope. "Inspector" - The duly authorized representative of the owner limited to the particular duties entrusted by the owner. "Maintenance Bond" - The form of security approved by the owner and governing agency furnished by the contractor and his surety, guaranteeing the quality of workmanship and material furnished by the contractor to be adequate to fulfill the intent of the plans and specifications for the warranty period. "Owner" - The owner of the work as indicated in the official advertise- ment and named in the contract. "Performance Bond" - The form of security approved by the owner, furnished by the contractor and his surety, guaranteeing the complete and faithful performance and payment of all of the obligations and conditions placed upon the contractor by the contract. "Plans" - The maps, plans, and drawings as listed and referred to in the "Contract Documents" together with any supplemental drawings furnished by Architect to the contractor and also all approved shop drawings submitted by the contractor and approved by Architect all as provided elsewhere in these specifications or other contract documents. "Proposal" - The written proposal of the bidder on the form furnished for the work contemplated and which is required to be signed by the bidder. "Proposal Guaranty" - The security to be furnished by the bidder as a guaranty of good faith to enter into a contract for the work contemplated if it be awarded to him. �. "Right of Way" - The area provided by the owner for use in constructing the work covered by the contract, including the appurtenances thereto. The right of way so designated may be either temporary or permanent. "Specifications" - The directions, requirements, explanations, terms and provisions pertaining to the various features of the work to be done, the GC-02 manner and method of performance, and the manner and method of measurement and payment. The specifications include such directions, requirements, and explanations as appear on the plans. "Subcontractor" - Any individual, firm or corporation acting for or in behalf of the contractor in the execution of any part of the contract. This does not include those working for hire or supplier of material or equipment except that production of materials or supplies at the project site shall be deemed as being produced by a subcontractor where such is not produced by the contractor's own forces and equipment. "Supplemental Agreement" - Any written agreement or understanding 0 entered into between the contractor and the owner tosupplement or clarify, or alter the plans, specifications or contract, or to otherwise provide for unforeseen work, contingencies, alterations in plans, and other matters not a contemplated by or adequately provided for in the plans and specifications. "Surety" - The Company or Association which is bound with and for the 0 contractor, for the acceptable performance of the contract, and for his payment of all obligations arising out of the contract. Where applying to the "Proposal Guaranty", it refers to the Company or Association which engages to be ,, responsible for the bidder's execution of a satisfactory contract when and if his bid is accepted by the owner. M "Work" - Work shall be understood to mean the furnishing of all labor, materials, equipment and other incidentals necessary or convenient to the successful completion of the project or the portion of the project involved and the carrying out of all the duties and obligations imposed by the contract . "Written Notice" - A written communication delivered in person to the individual or to a member of a firm or to an officer of the corporation for whom it is intended, or if delivered or sent by mail to the last business address known to the one who gives the notice. It shall be the duty of each party to advise the other parties to the contract as to any change in business address until completion of the contract. "Act of God" - Means an earthquake, flood, cyclone or other cataclysmic phenomenon of nature. Rain, wind, flood or other natural phenomenon of recorded intensity for the locality of the work shall not be construed as on Act of God and no reparation shall be made to the contractor for damages to the work resulting therefrom. 0 GC - 03 GC-02 PROPOSAL REQUIREMENTS AND CONDITIONS 1 . Inclusion of Proposal in Contract. The requirements and conditions of the proposal are hereby made part of this contract. GC-03 AWARD AND EXECUTION OF CONTRACT .O 1 . Time Reserved for Award of Contract and Preparation of Contract Documents. The time o completion o the workcontemplated y t is contract �" shall not be vitiated by the fact that there will, of necessity, be a certain period of elapsed time between the date of receiving bids and the signing of the written instruments by all parties thereto. In specifying the dates for �. completion, it has been assumed that a period of not more than forty five (45) days will elapse between the receiving of the bids and the submission to the am contractor of the written contract for his execution. If the above period exceeds this amount, the bidder will be released from his proposal bond unless by written notice to the owner the contractor has granted the owner an extension of time for official award of the contract. 2. Contractor to Furnish Performance Bond. The contractor shall within ten days from the date of nota kation by tFe owner that the contract is ready for signature and before commencing work thereunder, furnish to the owner and maintain in force during the continuance of this contrQct a per- formonce bond satisfactory to the owner in the full amount of the contract price for the faithful performance of this contract in all respects, and no contract shall be binding unti I the said bond is furnished and approved by the owner, and if said bond is not so furnished within the ten days herein specified, the contract may be immediately terminated without any notice or further action by either party and the proposal guaranty shall be forfeited. No work may be commenced until the bond has been approved by the owner. In addition, the performance bond shall meet the guarantee and warranty requirements of Section SP-04, GC-05-6 and GC-06-11 . ,. 3. 'Execution of Contract. Within ten (10) days after receiving from the owner properly prepared contract documents, the successful bidder shall sign the contract. 4. Examination of Plans, Specifications, and Site of Work. It is •. understood that the contractor,before signing the contract, has mode a careful examination of the plans, specifications, and contract; that he has fully informed himself as to the quality and quantity of materials and the character of the workrequired; and that he has made a careful examination of the location and condition of the work and the sources of supply for any and all materials. The owner will in no case be responsible for any loss or for unanticipated costs that may be suffered by the contractor as a result of conditions pertaining to the work. GC-04 e e 5. Amount of Contract. The amount of the contract shall be understood to be 0 the lump sum as given in the proposal form. Where prices are given on alternate items, only the amounts of the alternates accepted by the owner will be included in the total. GC-04 SCOPE OF WORK 1 . Intent of the Plans and Specifications. The true intent of the plans and specifications is to provide fort execution and completion in every detail of the project or work described in the special provisions and contract. �* Except as otherwise specifically provided, the contractor shall furnish all labor, tools, implements, machinery, supplies, materials, and incidentals,and shall do all things necessary to perform and to complete, according to the specifications and the plans, the work to be done under the contract. This shall be understood to include, in addition to the work specifically called for in the plans and specifications, the performance of such extra, additional, and incidental work as may appear in the sole judgement of the owner to be necessary for the completion of the work contemplated in a substantial workmanlike, and otherwise satisfactory manner. 2. Increased or Decreased Quantities. The right is reserved by the Owner, without impairing the contract to ma a such increases and decreases in the quantities of the work as may be considered necessary to complete fully and satisfactorily the work included in the contract. The contractor shall have no claim for damages or for anticipated profits on account of any portion of the work that may be omitted, provided such omission shall not thereby reduce the amount of the contract by more than ten per cent (10%) provided, however, that the owner shall have the privilege of deleting any item or items of any schedule in its entirety and said ten per cent (10%) of permissable reduction then shall apply only to the aggregate contract price for the remaining items. Deletion of entire items generally shall be made when the contract is executed by in case the contractor shall have performed some work on account of any item which is subsequently deleted, he shall be paid therefor on the basis of extra work. .e GC-05 3. Alterations in Details of Construction. architect, during the *� progress of the work, may alter any of the detai s of construction as may be found expedient or necessary, such alterations shall not invalidate the contract nor release the surety, and the contractor agrees to accept and execute the work •• as altered the some as if it had been a part of the original contract. The compensation to the contractor in such cases shall be determined as specified for Additional Work should additional requirements be made of the contractor *!� or by negotiation if the work is reduced. 4. Extra Work - Additional Work. Upon the written order of the Owner , the contractor shall per orm suc additionalior extra work that may or may not be included under or covered by contract prices, as may be necessary for the satisfactory completion of the project. If the work is of a kind for which a * specification is given herein, it shall be performed in accordance with that specification subject to such supplemental or additional specifications, plans and instructions as Architect may issue. If the work is of a kind not covered by a specification given herein it shall be performed in accordance with accepted practice for the class of work intended and in accordance with such plans as may be issued by the Architect. " The owner shall hove the option of paying for additional or extra work at the stipulated unit prices or stipulated lump sum given in the proposal form or on a force account or cost plus basis described in Article GC-09-6 of these specifications. Payment for extra work will be made only when the work involved .has been authorized by owner in writing prior to performance of the work. 5. Protection of Work During Suspension. If it should become necessary, for any reason to stop the work, then the contractor shall open proper drainage ditches, erect temporary structures where necessary; prepare the work so there will be minimum interference with traffic, if the work is on a public right of way; and take every precaution to .. prevent any damage or unreasonable deterioration of the work during the time the work is closed. If upon reopening the work, it is found that any such damages or deterioration has occurred, due to the lack of said precautions then, and in that event, the contractor shall correct all such conditions at his own expense. .� 6. Final Trimming of Work. The work to be done under the contract shall include such repair work as may be necessary to overcome such deterior- ation as may occur on some portions of the work while other portions of the work are being performed. The project shall be in a neatly trimmed and well- finished condition throughout at the time of completion and acceptance. 7. Final Cleaning Up. Upon completion of the work and before accep- tance and tinal paymen—t—sRaTrIe made, the contractor shall clean up the right GC-06 A. to e of way and all properties on which he has operated in the construction of the project, including removing or burning all discarded materials, rubbish, and e debris. He shall tear down, remove or burn all construction plant structures erected by or for him, or by or for his subcontractors or employees on the right of way or on property controlled by the owner. He shall do all things necessary w to put the whole of the right of way and such other property controlled by the owner as he may occupy in a neat, clean and orderly condition. Should the contractor fail to perform adequate clean up, the owner may take steps to 0 perform the same and deduct the cost from monies doe the contractor. 8. Removal of Contractor's Equipment and Materials. It is understood M and agreed that the contractor is to expeditiously and promptly remove from the project right of way and other property owned or controlled by the owner, all equipment and material that he places thereon that is not to become the ■ property of the owner. It is further understood and agreed that any such equip- ment and material of all kinds that is not removed, as herein provided, within thirty (30) days after the date upon which all other work to be done under the a contract is completed, or within such longer time as may be agreed upon in writing between the contractor and the owner shall become the property of the owner and may be used or otherwise disposed of by the owner wi thout obligation "" to the contractor or to any party to whom he may transfer title. Nothing in the above clause shall be construed as relieving the contractor "' from his obligation to clean up the right of way and the sites of his operation and to remove and dispose of debris, waste materials, etc., in accordance with 10 other provisions of the contract. GC-05 CONTROL OF THE WORK 0 1. Authority of the Architect.To prevent misunderstandings, disputes and litigation itis expressly understood by all of the parties to the contract, including the surety, that Architect shall, in all cases, determine any and all questions which may arise concerning the quality, quantity and acceptability of materials furnished and work performed; the interpretation of plans and specifications; and the amounts and classifications of the several kinds of work and materials; and his estimates and decisions in these matters shall be final, binding, and conclusive upon all parties to the contract. It is further understood that all work to be done under the contract shall be done under the construction review of Architect; that said work will not w be considered completed until reviewed by Architect and accepted by the owner and the applicable governmental agency; that the contractor shall at all times carry out and fulfill the instructions and directions of the Architect in so for as the quality of work to be performed under the contract is concerned; GC-07 et s and that in the event the contractor fails to carry out and fulfill such instructions .. and directions, the owner shall refuse to make any partial or final payments to the contractor so long as such instructions and directions are not complied with. 2. Deviation from the Plans. No deviation from the plans or the reviewed working and ors op drawings is permissible except on written order of the owner. 3. Interpretation of Contract, Specifications and Plans. In cases of conflict in iWrequirements and provisions as set out by the contract, the specifications, or the plans, such conflict shall be reconciled by the acceptance of the following order of precedence for the various contract documents; (1) the contract document bearing the signature of the owner and the contractor; (2) the written proposal of the contractor; (3) Parts I, II, III, Iv, and v of specifications; and (4) the plans, including notes written thereon. The apparent silence of the specifications and the plans as to any detail '" or the apparent omission from them of a detailed description concerning any point, shall be regarded as meaning that only the best general practice is to prevail and that only material and workmanship of first quality are to be used. The contractor shall carefully study and compare the contract .u• documents with each other and with information furnished by the owner, including surveys describing physical characteristics, legal limitations and utility locations for the site of the project, and shall at once .. report to the owner errors, inconsistencies or omissions discovered. The contractor shall not be liable to the owner or architect for damage resulting from errors, inconsistencies or omissions in the contract docu- ments unless the contractor recognized such error, inconsistency or omission and knowingly failed to report it to the architect. If the contractor performs any construction activity knowing it involves a recognized error, inconsistency or omission in the contract documents without such notice to the owner , the contractor shall assume appro- priate responsibility for such performance and shall bear an appropriate amount of the attributable costs for correction. 4. Plans and Working Drawings. The contractor will be supplied with six (6) sets of specifications and the prints of the drawings pre- pared by the architect showing the project in detail. The contractor may obtain any additional prints required from owner by compensating owner for the cost of printing involved. Numbered dimensions on the drawings shall be used in preference to scaled dimensions from the drawings. Where the work of the contractor is affected by finish dimensions, these shall be determined by the con- tractor at the site, and he shall assume responsibility therefor. GC-08 r# General drawings showing such details as ore necessary to give a com- prehensive idea of the construction contemplated will be included in the plans; but the contractor shall submit to Architect for review such additional shop details, setting, schedules and such other working drawings as may be required for the construction of any part of the work, and prior to the review of such additional drawings as may be required for the construction of any part of the work, and prior to the review of such plans any work done or material ordered shall be at the contractor's risk. All shop or working drawings shall be made in such a manner that W clear and legible blueprint copies can be made from them. Any drawings submitted for review which are, in architect's opinion, carelessly pre- pared, erroneous or unchecked, will be returned to the contractor for redrawing W and checking, and after such redrawing and checking shall be resurnibtted to the architect. 0 All drawings submitted to architect for review shall be one of the following sized: 8 1/2 x 11 inches, 11 x 17 inches, 22".x 34", or 24" x 36". N Shop drawings for structural steel items structures or miscellaneous iron items shall consist of shop details, erection and other working plans showing dimensions, sizes of material, lists of field rivets and bolts, details and a other information necessary for the complete fabrication and erection of all such metal work. Shop drawings for mechanical equipment and other structures or equip- ment shall consist of such detailed plans as may be reasonably required for the successful prosecution of the work and which are not included in the plans furnished by architect. These may include plans for folsework, bracing, centerline and form work, masonry layout diagrams, bending diagrams for metal reinforcement, shop details for precast concrete items, wood truss system, and installation drawings or instructions. It is expressly understood that the review by Architect of working drawings or shop drawings submitted by the contractor or his agents will not relieve the contractor from responsibility for errors in details, dimensions, or quantity or strength of such materials. Material improperly fabricated shall be replaced or modified at the contractor's expense. The contractor shall submit with such promptness as to cause no delay in his own work or in that of any other contractor, not less than two copies of all shop or setting drawings and schedules required for the work of the various 1e trades, and Architect shall review them with reasonable promptness, GC-09 making desired corrections, including all necessary corrections relating to effects on design. The contractor shall make any corrections required by the Architect , file with him not less than six corrected copies, one of which shall be a reproducible transparancy,.and furnish such additional copies as needed should he wish more than one approved copy returned for his use. The Architect's review of such drawings or schedules shall not relieve the contractor from responsibility for deviations from drawings or specifications, unless he has in writing called Architect's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. The contract bid prices shall include the cost of furnishing all shop and installation drawings and the contractor will be allowed no extra compen- sation for such drawings. The contractor shall keep one copy of all drawings (including reviewed shop drawings) and specifications on the work, in good order, available to the Architect and to his representatives, at the job site. 5. Quality of Equipment and Materials. In order to establish standards of quality, Architect may refer to certain products by name and catalog number. This procedure is not to be construed as eliminating from competition other products of equivalent or better quality by other manufacturers. The words "Approved Equivalent" shall be considered following all such listings regardless of whether or not they so appear. The contractor shall furnish to Architect the complete list of proposed desired substitutions together with such engineering and catalog data as Architect may require in sufficient time prior to their use to give the Architect adequate time for his review. Failure on the part of the contractor , to supply data to Architect prior to ordering or using such alternate material or equipment will not relieve the contractor of furnishing acceptable material or equipment as required by the Architect. The contractor shall abide by Architect's judgement when proposed substitute materials or items of equipment are judged to be unacceptable and shall furnish the specified material or item or equipment or other "approved equivalent". All proposals for substitutions shall be submitted in writing by the contractor and not by individual trades or material suppliers. The Architect will review proposed substitute materials submitted by the contractor and will approve or disapprove the use of the proposed materials within a reasonable time. No substitute materials shall be used unless they have been approved OW in writing by the owner. GC-10 e e e b. Quality of Workmanship. All work shall be done by competent workmen in a workmanlike manner that meets the requirements or intent of the plans and specifications. Work that fails to meet the above requirements e shall be immediately corrected or redone. In addition the quality of workmanship shall be guaranteed for a period w of one (1) year following written acceptance of the work by the owner and governing agency. All failures that occur during the warranty period shall, after written notice, be promptly attended to by the contractor. If circumstances ■ warrant, the owner may make temporary or immediate repairs and the cost of the some shall be borne by the contractor. M 7. Specifications by Standard Designations. Whenever practicable, specifications will made herein by designating certain published "Standards" of recognized organizations. Abbreviations "A.S.T.M." will be used to M indicate the American Society for Testing Materials and this will be followed by the officially published designation number for the particular specification to which the reference applies. Other standards will be indicated by the full M name of the sponsoring organization or by clearly recognized abbreviations. In all cases it shall be understood that such references mean the designated specifications or the latest revision thereof. All material, equipment and devices not specifically covered by such "Standards" as indicated above, these specifications, by the plans or by addenda shall be subject to the review of Architect to determine the suitability for the service intended. 8. Equipment Review Data. The contractor shall furnish two (2) copies of complete catalog data or the manufactured items of equipment and all components to be used in the work, including specific performance data, material description, rating, capacity, working pressure, material gauge or thickness, brand name, catalog number and general type, as requested by the Architect. This submission shall be compiled by the contractor and reviewed by owner before any of the equipment is ordered. Each data sheet or catalog in the submission shall be indexed according to specification section and paragraph for easy reference. After written conditional acceptance this submission shall become a part of the contract, and may not be deviated from except upon written review of the Owner. GC-11 Catalog data for equipment reviewed by Architect shall not in any case supersede the contract documents. The conditional acceptance of the Architect shall not relieve the contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the ArFhitect's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in the items submitted. The contractor shall check the work described by the catalog data with the contract documents for deviations and errors prior to submission to Architect' for approval. It shall be the responsibility of the contractor to insure that items to be furnished fit the space available. He shall make necessary field measure- ments, including those for connections, and shall order such sizes and shapes of equipment that the final installation shall suit the true intent and meaning of the drawings and specifications. �.. Where equipment requiring different arrangement of connections from those shown is conditionally accepted, it shall be the responsibility of the contractor to install the equipment to operate properly, and in harmony with the intent of the drawings and specifications, and to make all changes in the work required by the different arrangement of connections. •• Upon conditional acceptance of the equipment by Architect the contractor shall furnish six (6) copies of catalog data of all process equipment .P or components thereof together with six (6) copies of operating and maintenance instructions. 9. Cooperation With Other Contractors. The contractor shall conduct his operations so as to interfere as little as possible with those of other contractors, subcontractors or the owner on or near the work. It is expressly understood that **' the owner has the right and may award other contracts in connection with the work so long as it does not interfere with the work under this contract. Where one contractor's operations are within the limits or adjoin the operations of another contractor, each shall be responsible to the other for any damage, injury, loss, or expense which may be suffered on account of inter- ference of operations, neglect or failure to finish work at the proper time, or of any other cause. 10. Contractor to Have Representative on Work. The contractor shall at all times have a competent superintendent or foreman who shall at all times be acceptable to Architect and capable of reading and thoroughly under- standing the plans and specifications as his agent on the work, who shall receive instructions from Architect or his authorized representatives. The superin- tendent or foreman shall have full authority to execute the orders or directions of Architect without delay and to promptly supply such materials, tools, plant, equipment, and labor as may be required, regardless of whether or not the work is to be performed by the contractor's own forces or those of a GC-12 •• e e subcontractor. The fact that an approved subcontractor is performing any portion of the work shall not relieve the contractor of this requirement. 11 . Information Regarding Work. The contractor shall furnish the Architect ■ every reasonable facility necessary for obtaining such information as he may desire respecting the nature and quality of the materials used or to be used and the progress and manner of the work. Architect shall be allowed access at all times to the books and records of the contractor, and the contractor shall furnish him all data necessary M for the determination of the actual cost of all or any part of the work. 12. Notice to Contractors. Any written notice to the contractor which a may be required by low or y t e provisions of the specifications may be served on said contractor or his representative, either personally or by mailing to the address given in the contract or by leaving the some at said address. 13. Notice by Contractors. Wherever in the specifications the contractor is required to notify Architect concerning the progress of the work, or con- "" cerni'ng any complaint which he may have to make, or for any other reason, it shall be understood that such notification is to be mode in writing, delivered to Architect or his representative in person, or mailed to the office of the ■ Owner. 14. Surveys. Base lines and grades for buildings and all structures and "e appurtenantaci ities including sewers and pressure lines shall be established by the owner. The contractor shall develop and make all detail surveys necessary for construction, including the setting of batter boards or other construction guides from the marks given by the owner. The contractor shall give notice to the owner not less than five (5) working days before lines and grades will be needed on the work. The contractor's request shall also include desired offset, location and schedule of expected progress of the work as required in GC-08-2, Schedules and Progress Reports. All stakes, marks, property corners, etc. , shall be carefully preserved by the contractor and in cases of their careless or unnecessary destruction or removal by him, his subcontractor or his employees, such stakes, marks, property corners, etc. , shall be replaced by the owner at the contractor's expense. �r Should voldalism occur, the owner and contractor shall coordinate the staking schedule to minimize damages. 15. Authority and Duties of Inspectors. Inspectors shall be authorized to review al I—w--orT done and al I materials furnished. Such review may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. It is the duty of the inspector to report to the GC-13 Architect as to the progress of the work and the manner in which it is being performed, also to report whenever it appears that the material furnished or the work performed by the contractor fails to fulfill the requirements of the plans and specifications, and to call to the attention of the contractor any such failure. In case of any dispute arising between the contractor and the inspector as to materials furnished or manner of performing the work, the inspector shall have authority to reject materials or suspend the work until the question at issue can be referred to and decided by Architect. The inspector is not authorized to revoke, alter, enlarge, relax or release any requirements of the plans and specifications, nor to approve or accept any portion of the work, nor to issue instructions contrary to the plans and specifications, nor may the �. inspector in any way direct the work of the contractor or his employees other than as provided in the contract. Architect will make periodic visits to the job site to observe the progress of the work and to observe whether or not it is being performed in accordance with the plans and specifications. This does not in any way mean that Architect is a guarantor of the contractor's work; has accepted any work or material; nor does this mean that Architect is exercising control , over the contractor's methodof performing work. Visits to the job site by the Architect shall not in any way shift the responsibility for safety from the contractor to the Architect. 16. Inspection. Architect or his representatives shall be allowed access to all parts owe work at all times and shall be furnished with every reasonable facility for ascertaining whether or not the work as performed is in accordance with the requirements and intent of the plans and specifications. The contractor shall cut and replace with new materials, at his own expense, such samples as are customarily required for testing purposes. Any work or materials used without review or inspection by Architect or his represen- tative may be ordered removed .and replaced at the contractor's expense. At Architect's request, the contractor shall, at any time before acceptance of the work, remove or uncover such portions of the finished work as may be directed. After examination, the contractor shall restore said portions of the ., work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and the replacing of the covering or the making good of the parts removed, shall be paid for as "extra work", but should the work so exposed or examined prove unacceptable, the uncovering or removing, and replacing of the covering and the making good of the parts removed, shall be at the contractor's expense. .» 17. Unothorized and Defective Work. Any defective work, whether the result of poor workmanship, use o ectrve materials, damaged through care- lessness, or of any other cause, found to exist prior to acceptance of or final .� GC-14 e 150 payment for the work, shall be removed immediately and replaced by work and materials which shall conform to the specifications, or shall be remedied other- wise in an acceptable manner authorized by Architect. These provisions shall have full effect regardless of the fact that the defective work may have been done or the defective materials used with the full knowledge of the inspector. The fact that the inspector in charge may have previously overlooked such defective work shall not constitute on acceptance of any part of it. e Work done contrary to or regardless of the instructions of the Architect, work done beyond the lines shown on the plans or as given, except as herein e provided, or any extra work done without authority, will be considered as unauthorized and will not be paid for by the owner. Work so done may be ordered removed or replaced at the contractor's expense. 18. Disputed Claims. In any case where the contractor deems extra compensation is due him for work or materials not clearly covered in the contract or not ordered by Architect as an extra as defined herein, the contractor shall in writing notify ownex of his intention to make claim for such compensation before he begins the work on which he bases the claim. If P such notification is not given or Architect is not afforded proper facilities by the contractor for keeping strict account of actual cost, then the contractor hereby agrees to waive the claim for extra compensation. Such notice by the contractor and the fact that Architect has kept account of the cost as afore- said, shall not in any way be construed as proving the validity of the claim. In case the claim is found to be just, it shall be allowed and paid for under a supplemental agreement to be entered into between the parties to the contract. 19. Final Construction Review. Unless otherwise provided, the Architect and other appropriate government agents shall make final review of all work included in the contract within ten (10) days after written notification by the contractor or his superintendent that the work is completed. If the work is not acceptable to Architect, he shall advise the contractor in writing as to the particular defects to be remedied before final acceptance can be made. GC-06 CONTROL OF MATERIALS 1 . Materials to be Reviewed. Before Use. Only materials conforming with the specified requirements and conditionally accepted by Architect shall be used in the work. Before the delivery of any material to be used in the work is commenced, the contractor shall have advised Architeet as to the source from which the material is to be obtained, shall have furnished such samples as may be required for testing purposes, and shall have received Architect's conditional GC-15 acceptance for the use of that particular material. The conditional acceptance of any source of supply by Architect will not imply that all material from that source will be accepted and should material from any conditionally accepted ,. source fail to maintain a quality meeting the requirements of the specifications, use of material from that source shall be discontinued, and the contractor shall furnish acceptable material from other sources. Regardless of the source, any .. material delivered upon the work which fails to meet the requirements will be rejected, and only material meeting all requirements will be allowed to be incorporated in the work. Any material or item incorporated in the work which �. does not meet requirements of the contract documents, even though it be installed with the consent and/or in the presence of on inspector, shall be removed and acceptable material shall be used in its place and all costs for removal and •• installation shall be at the contractor's expense. Material which after conditional acceptance has, for any reason, become unsuitable for use, shall be rejected and not used. 2. Tests of Materials. All tests of materials shall be made in accordance with acceptable methods as described and designated in the specifications. When tests of materials are required, such tests shall be made by a testing laboratory accepted by Architect and at the expense of the contractor. The contractor shall afford such facilities as may be required for collecting and forwarding samples and shall hold the materials represented by the samples until ests hove been made and the materials found equal to the requirements of the specifications or to approved samples. The contractor in all cases shall furnish the required samples without charge. In the absence of any definite specification or reference to a specification in the technical specifications or in the special provisions for the particular project involved, it shall be understood that such materials shall meet the spec- ifications and requirements of the American Society for Testing Materials. Unless otherwise specified, all tests of materials shall be mode in accordance with the methods prescribed by the American Society for Testing Materials. Wherever in the specifications a particular specification of the American Society for Testing Materials is referred to by number, it shall be understood that such reference shall include all amendments and additions thereto adopted by such organizations prior to the award of the contract. The testing of materials shall be done in a laboratory, acceptable to Architect, and the results of the tests made therein shall be used as a basis for evaluation in accordance with the specifications for the particular material. ' GC-16 .. r. 3. Storage of Materials. Materials shall be stored in such a manner as to insure the preservation of their quality and fitness for use. When considered wo necessary to protect materials against dampness, or to keep them clean and free from dust, dirt or other detrimental matter, suitable sheds, platforms and covers shall be provided. Materials shall be stored in such a manner as to "' facilitate inspection. 4. Defective Materials. All materials not conforming tothe require- NM ments of the specifications shall be considered as defective. No defective material, the defects of which have been subsequently corrected, shall be used until conditional acceptance has been given. Upon failure on the part of ON the contractor to comply within ten (10) days with any order of the Architect made under the provisions of this article, the owner shall have authority to have the defective material removed and replaced by workmen other than the wo contractor's, and to deduct the cost of said removal and replacement from any monies due or to become due the contractor. "' 5. Ordering Materials. The contractor is cautioned against placing orders for fu quantities of materials until the work has advanced to a state permitting the determination of the exact quantities required. so unless otherwise specified, the owner will in no way be responsible for any materials that the contractor may deliver upon the ground Im in excess of actual requirements. Neither will the owner be responsible for any increased costs or extra expense that the contractor may have to bear on ow account of materials or work not being ordered at some earlier date. 6. Materials Furnished by the Owner. Materials specifically indicated shall be furnished by the owner. The fact that the owner is to furnish material aw is conclusive evidence of its acceptability for the purpose intended, and the contractor may continue to use it until otherwise directed. If the contractor discovers any defect in material furnished by the owner, he shall notify the Owner. Unless otherwise noted or specifically stated, materials furnished by the owner, which are not of local occurrence, are considered to be f.o.b. the project site. The contractor shall be responsible for material loss or damage after receipt of material at the point of delivery. 7. Manufacturer's Directions. Manufactured articles, material and equipment shall e applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer unless herein specified to the *A* contrary. 8. Domestic Materials and Machinery. In the performance of this as contract or of any subcontract thereunder, there shall be used only such GC-17 lia unmanufoctured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured articles, materials, supplies, 'e1 equipment, and machinery as have been manufactured in the United States, substantially all from articles, materials, supplies, equipment and machinery mined, produced or so manufactured, as the case may be, in the United 1e" States. In the event that articles, materials, supplies, equipment, or machinery of the class or kind to be used as specified herein, or the articles, nwterials, supplies, equipment, or machinery from which they are manufactured, are not 1ek mined, produced, or manufactured in the United States, these requirements relative to domestic origin shall not apply. The owner reserves the right to set aside the provisions of this article, if the contractor submits an application setting forth specifications of the article, materials, machinery, supplies, or process the contractor desires to utilize on or incorporate in the work, and if the owner deems that it is in his (their) best interest to allow the application of the contractor. 9. Property Rights in Materials. Nothing in this contract shall be construed os vesting in the Contractor any right of property in the materials used after they have been attached or affixed to the work or the soil, or after payment has been made for the value of unused material delivered to the site of the work. All such materials attached or affixed or unused shall become the property of the owner. so 10. Title to Materials Found on the Work. The right to the use of all soil, stone, gravel, sand, and all other materials and equipment developed so and obtained in the excavation or in other operations by the contractor or any subcontractor or any of their employees, and the right to use or dispose of some, and except as otherwise provided herein, are hereby expressly reserved in the ww owner and neither the contractor, nor any subcontractor, nor any of their employees shall have any right, title, or interest in or to any part thereof, nor shall they, nor any of them assert or make any claim thereto. The er contractor shall be permitted to use in the work without charge any such materials which meet the requirements of these specifications. do 11 . Warranty Period. The contractor shall warrant all materials and equipment furnished by him for a period of one year from date of written accep- tance of the work by the owner and governing agency. This warranty shall mean ew prompt attention to the correction and/or complete replacement of the faulty material or equipment. Ww GC-07 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC 1 . Laws to be Observed. The contractor atoll times shall observe and am comply with all federal and state laws and local laws, ordinances, and regulations in any manner effecting the conduct of the work, and all such orders or vil GC-18 as a *W decrees as exist at present and those which may be enacted later, of bodies am or tribunals having any jurisdiction or authority over the work, and shall indemnify and save harmless the owner and the officers, employees, and agents (including Architect ) of the owner against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders or decrees, whether such violations be by the contractor, his sub- contractors or his employees. .� 2. Permits and Licenses. The contractor shall procure all permits and licenses, pay all charges-and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, except as noted. 3. Patented Devices, Materials, and Processes. The contractor assumes the responsibility of defending any and o suits or actions brought for the infringement of any patent claimed to be infringed by material, device, plan, method or process to be incorporated in the work and/or required to be used in connection with the work to be done under the contract, including all attorney's fees and court costs, and he shall indemnify and save harmless the owner, the officers, employees, and agents (including Architect ) of the owner from all claims of and suits or actions for infringements of patents. 4. Sanitar Provisions. The contractor shall observe all rules and re- gulations of t e state and l6col health officials, and shall take such precautions as are necessary to avoid creating conditions which are not sanitary. The contractor shall provide and maintain in a neat and sanitary condition such accommodations for use of his employees as may be necessary to comply with the requirements of,public health officials, he shall permit no public nuisance at any place over which he has control. NAW 5. Public Safety and Convenience. The contractor shall at all times so conduct his work as to insure t east possible obstruction to traffic. The W convenience of the general public and the protection of persons and property is of prime importance and shall be provided for by the contractor in an adequate and satisfactory manner. 40 The contractor shall conduct the work with the view of causing a minimum of inconvenience to traffic on intersections and connecting streets and to persons conducting commercial enterprises or residing along the route of work, Entrances to garages, business places, driveways of all kinds shall not be blocked for more than a few hours, if at all. Satisfactory means of ingress and egress for persons residing, or having occasion to transact business along the route of the work shall be maintained at all times. GC-19 Wk b. Barricades, Warning Signs, and Flogmen. The contractor shall at his expense and wit out furl er or other order provide, erect and maintain at all times during the progress or temporary suspension of the work suitable burr-' ic.odes, fences, signs, or other adequate warnings or protections, and shall provide, keep and maintain such caution lights, signals, and flogmen ca may be necessary or as may be ordered by Architect to insure the safety of the public as well as those engaged in connection with the work. All barricades and obstructions shall be protected at night by signal lights which shall be suitably distributed across the roadway and which shall be kept burning from sunset to sunrise. Barricades shall be of substantial construction and shall be suitably pointed to increase their visibility at night. Failure of Architect to notify the contractor to maintain barriers, so lights, signals, or flagmen shall not operate to relieve the contractor from this responsibility. �r If flagmen are necessary for reasonable prosecution of the work and for protection and safety of traffic, such flagmen shall be furnished at the contractor's expense. to The signs to be furnished and used by the contractor in directing, controlling and safeguarding traffic shall conform with standard sign designs ON in use by the state highway officials. The contractor's responsibility for the safeguarding of traffic as specified above shall cease when all work included in the contract is accepted as complete. �r► 7. Fences. By the construction of temporary fences, or by other adequate means, the contractor shall restrain stock from leaving the lands wherein they are confined or from trespassing which would be made possible by, or which might result from, the removal or destruction of existing fences or the carrying out of any part of the work under the contract. The contractor shall be responsible for all loss, injury or damage that may result from his failure to restrain stock as above provided. The expense of erecting and main- taining temporary fences and for otherwise providing for the restraint of stock shall be borne by the contractor. The contractor shall use all reasonable core to avoid damaging existing fences, and he shall repair or replace at his own expense, and to the satis- w faction of the owner, all fences which are in any way damaged by his operations. The tearing down and removal of cross fences and other fences occurring within the right of way limits shall be considered to be a part of the clearing and to grubbing work, and payment for some shall be understood to be included in the payment for clearing and grubbing. so GC-20 e 91 8. Safeguarding of Excavations. The contractor shall provide such safe- guards and protections around-an int vicinity of the excavations he makes as may be necessary to prevent and avoid the occurrence of damage, loss, injury and death to property and persons because of such excavations. Liability for any such damage, loss, injury or death shall rest with the contractor, in the cases of excavations mode on the highway right of way or on lands awned or ' otherwise controlled by the owner, the contractor's responsibility for safe- guarding and protecting and his liability for damage, loss, injury or death shall terminate when all work to be done under the contract is completed and accepted by the owner. 9. Use of Explosives. In the use and storage of explosives, the contrac- tor shall use every precaution to prevent injury to persons and damage to property. Secure storage places shall be provided, and all such places shall ... be clearly marked with warning signs. Only persons experienced in the handling of explosives shall be allowed to use them on the work, and no shot shall be off until warning has been sounded and oil persons within the radius of danger removed and necessary steps have been taken to protect adjacent endangered property. ow In the handling and storage of explosives, the contractor must comply with all federal, state and local Imus, and the owner will in no way be responsible for any noncompliance therewith or for damages to property or .w injury to persons resulting from accidental or premature explosions. 10. Trespass. The contractor shall indemnify and save harmless the owner and the _o7rers, employees and agents (including Architect ) of the owner for any trespass upon adjacent property or injury thereto, resulting from or in connection with his operations. He will be liable for any claims that may be made on account of the deposit of debris of any kind upon adjacent property. 11. Protection of Property and Persons. In the performance of the work to be done under the contract, t contractor shall use every reasonable and practicable means to avoid damage to property, injury to persons and loss, *" expense, inconvenience and delay to property owners, users of streets or highways and others. He shall provide protective devices and flogmen where- ever and whenever needed in affording this protection and, in the performance of the work, he shall use no means or methods which will endanger, unnecessarily, either persons or property. At points where the contractor's operations are adjacent to properties of railway, telegraph, telephone and power companies, or adjacent to other property, damage to which might result in material expense, loss, or inconven- ience, work shall not be commenced until all arrangements necessary for the protection of the interests of the owner, as well as any interest that a third party may have therein, have been made. GC-21 When explosives are used, particularly in proximity to buildings or other structures, care shall be taken to protect the surroundings from injury by the explosion, the resultant concussion or by flying lyi gall be or thethat. The quantities of explosives and the manner of thea use property will not be damaged. In case the vicinity of the work is accessible to the general public, the contractor shall, before any shots are fired, post men about the work in various directions to worn all persons of the danger existing and to prevent them approaching closer than safety will permit. go 12. Restoration of Damaged Property. All damage and injuryto property that may be caused by or that may result from the carrying out of the work to be done under the contract from any act, omission or neglect of the contractor, his subcontractors, or his employees, shall promptly be made good by the contractor either by the repairing, rebuilding, or replacing of the pro- perty damaged, or in some other manner satisfactory to the owner of such property. In case of failure on the part of the contractor to promptly and satisfactorily make good such damage or injury, the owner may, without notice to the contractor, proceed to repair, rebuild, or replace such property as may be deemed necessary, and the cost thereof will be deducted from any monies due or which may become due the contractor under the contract. do In applying the provisions above stated, the repairing,rebuilding or replacing of damaged property shall be understood to include the providing to of any temporary facilities that may be needed to maintain normal service until the required repairing, rebuilding or replacing is accomplished. we 13. Indemnification. To the extent permitted by law, the contractor shall indemnify and hold harmless the owner, architect, architect's con- sultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the work, provided that such claim, damage, loss or expense is attributable to bodily injury, sick- ness, disease or death, or to injury to or destruction of tangible property (other than the work itself) including loss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, trr abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this and the following two paragraphs. e In claims against any person or entity indemnified under these para- graphs by an employee of the contractor, a subcontractor, anyone directly employed by them or anyone for whose acts they may be liable, the indemni- fication obligation under these paragraphs shall not be limited by a limi- tation on amount or type of damages, compensation or benefits payable by or for the contractor or subcontractor under workers' or workmen's compen- sation acts, disability benefit acts or other benefit acts. GC-22 wa The obligations of the contractor under these paragraphs (para 13) shall not extend to the liability of the architect, the architect's con- sultants, and agents and employees of any of them arising out of (1) the w. preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the architect, the architect's consultants, and agents and employees of any of them provided such giving w� or failure to give is the primary cause of the injury or damage. Except as provided elsewhere in these specifications, it is specifically agreed between the parties executing the contract that it is not intended by any of the provisions of the contract to designate the public or any member thereof a third party beneficiary hereunder, or to authorize the public or any member thereof to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of the contract. 14. Contractor's Responsibility for Work. Until final acceptance of the work, the contractor shall respo-nITIMe for any injury or damage to the work or to any part thereof by the action of the elements, and he shall make good at his own expense all such injuries or damages to any portion of the work before its completion and final acceptance, to the extent not covered by the all-risk property insurance to be provided pursuant to wow this agreement. a, 15. Personal Liability of Architect. See paragraph 13 above. 16. No Waiver of Legal Rights. The owner shall not be precluded or estopped by any measurement, estimate, or certificate made either before or saw after the completion and acceptance of the work and payment therefor from showing the true amount and character of the work performed and materials furnished by the contractor, or from showing that any such measurement, 40 estimate, or certificate is untrue or incorrectly made, or that the work or materials do not conform in fact to the contract. The owner shall not be precluded or estopped, notwithstanding any such measurement, estimate or wr certificate, and payment in accordance therewith, from recovering from the contractor and his sureties such damages as it may sustain by reason of his failure to comply with the terms of the contract. Neither the acceptance by the owner, wr or by any representative or agent of the owner, nor any payment for nor accep- tance of the whole or any part of the work, nor any extension of time, nor any possession taken by the owner shall operate as a waiver of any portion of the contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the contract shall not be held to be a waiver of any other subsequent breach. GC-23 17. Insurance a. Hold Harmless Clause. See paragraph 13 on Page GC-22 rrY rir b. General. The contractor shall not commence work until lift he has obtained all insurance required under this section or unci I he has satis- fied the owner in this respect; nor shall he allow any subcontractor to commence work until he also has obtained similar insurance which is applicable to his work. The contractor shall maintain insurance throughout the life of this e"` contract as will hold the owner harmless and shall indemnify the owner for any losses arising out of the contractor's operations including any contingent Mb liability arising therefrom. c. Industrial Accident Insurance. The contractor shall take out and maintain during the life o tis contract, industrial accident insurance for all employees who will work on this project and, if any work is sublet, the contractor shall require the subcontractor similarly to provide such insurance for all of the latter's employees unless they are included under the protection afforded by the contractor. If employees engaged in hazardous work are not protected under the state statutes (or rules of) for industrial accident insurance the contractor and any subcontractor who is affected must provide compensation insurance with a private company which in amount shall be equivalent to that provided by the state industrial accident insurance for the protection of employees who are not so engaged. d. Contractors Public Liability, Property Damage Insurance and Vehicle Liabili Insurance. The contractor shall toe out and maintain T rce uring the i of this Contractor's Public Liability Insurance, Contractor's Property Damage Insurance and Vehicle Liability Insurance as shall protect the contractor against losses which may result from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from any operations under this contract, w whether such operations be those of the contractor, a subcontractor or anyone directly or indirectly employed by either of them and the amount of such insurance shall be as follows unless modified by the Special Provisions of these specifications. I Contractor's Public Liability Insurance and Vehicle Liability Insurance shall be in an amount not less than Two Hundred Fifty w Thousand Dollars ($250,000) for injuries, including accidental death GC-24 rw wr to any one person, and subject to the some limit for each person in an amount not less than Five Hundred Thousand Dollars ($500,000) on account of one occurrence; Contractor's Property Damage Insurance shall be in on amount not less than Two Hundred Fifty Thousand Dollars ($250,000) for any one occurrence and subject to that limit per occurrence a total (or aggregate) limit of not less than Five Hundred Thousand Dollars ($500,000) for all damages arising out of injury to or destruction of property during the policy period. �., Property damage shall be insured on the Broad Form basis. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Public Liability and Property Damage Insurance and Vehicle Liability Insurance of the type and in the amounts specified above, or, (2) insure the activities AW of his subcontractors in his own policy. e. Property Insurance. The contractor shall effect and maintain fire in- surance w/all-risk coverage upon the entire structure on which the work of this contract is to be done to one hundred per cent (100%) of the insurable value thereof, (unless otherwise provided in the special provisions) including items of labor and materials connected therewith whether in or ad- jacent to the structure insured, materials in place or to be used as part of the permanent construction including surplus materials, protective fences, bridges, or temporary structures, miscellaneous materials, and supplies incident to the work, and such scaffolding, stagings, towers, forms, and equipment as are not owned or rented by the contractor, the cost of which is included in the cost of the work. EXCLUSIONS: This insurance does not cover any tools owned by mechanics, any tools, equipment, scaffoldings, stagings, towers, and forms owned or rented by the contractor, the capital value of which is not included in the cost of the work, or any other structures erected for housing the workmen. The loss, if any, is to be made adjustable with and payable to the contractor as trustee for whom it may concern, +» except in such cases as may require payment of all or a proportion of said insurance to be made to a mortgagee as his interests may appear. The owner shall be named jointly with the contractor in all policies, all of which shall be open to inspection. Certificates of insurance shall be filed with the owner. The owner or his agents including Architect, the contractor and all subcontractors waive all rights, each against the othersfor damages caused by fire or other perils covered by insurance provided for , under the terms of this contract, except such rights as they may have to the proceeds of insurance held by the trustee. GC-25 r If required in writing by any party in interest, the contractor as trustee shall, upon the occurrence of loss, give bond for the proper performance of his duties. The trustee shall deposit any money received from insurance in on account separate from all his other funds and he shall distribute it in accordance with such agreement as the parties in interest may reach, or under on award of arbitrators appointed, one by the owner, another by joint action of the other parties in interest. If after loss no special agreement is made, replacement of injured work shall be ordered and executed as provided for changes in the work. The trustee shall have power to adjust and settle any loss with the insurers unless one of the interested parties shall object in writing within three working days of the occurrence of loss, and thereupon arbitrators shall be chosen as above. The trustees shall in that case make settlement with the insurers in accordance with the directions of such arbitrators, who shall also, if distribution by arbitration is required, direct such distribution. 16. Payment of Bills by Contractors. The contractor shall promptly make full payment for labor, material, supplies and provisions, at such times as they become due and payable, to all persons supplying said contractor or his subcontractor with labor, services, materials, supplies or provisions for the prosecution of the work provided for in the contract, and he shall not permit any lien or claim to be filed or prosecuted against the owner for or on account of any labor, services, material, supplies or provisions furnished. In the event that said contractor fails, neglects, or refuses to make am prompt and full payment of any claim for labor, services, materials, supplies or provisions furnished by any person in connection with the contract as said claim becomes due, whether said labor, services, materials, supplies or , provisions to be performed or furnished for said contractor or for his subcontractor, then, and in such event, the owner may withhold the amount of such claim by the person or persons furnishing such labor, services, materials, supplies, 0 or provisions and deduct the amount thereof from funds due or to become due said contractor by reason of the contract. The deduction of any such amounts because of claims in the manner herein authorized will not, however, relieve 0 the contractor or his surety from his or its obligations with respect to any unpaid claims. Sums withheld for the purpose named herein will be paid to the contractor upon certification that said claims have been paid. Nothing contained in the foregoing section shall create any contractural relation between the contractor's creditors, agents,and/or employees and the ,w owner. r GC-26 s f i wr +�w 19. Air and Water Pollution Laws. The attention of the contractor is called to statutes of t state re sting to the pollution of water and air. The contractor shall carr his Y out operations in conformity with the applicable sections of state statutes and all regulations which are adopted pursuant thereto. 20. Use of Completed Portions . The owner shall have the right to take possession of and use any comp Teted or partially completed portions of the �. work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the completion of uncompleted work or causes refinishing of completed work, the contractor shall be entitled to such extra compensation, or extension of time or both, as owner may determine. GC-08 PROSECUTION AND PROGRESS dw 1 . Beginning of the Work. The work to be done under the contract shall not be commenced unti t e contract and performance bond have been VM executed by the contractor and his surety and delivered to the owner and until written notice to proceed has been received by the contractor. �. Performance of the work to be done under the contract shall be commenced within ten (1Q days after receipt of written notice to proceed by the contractor, unless later commencement of the work is authorized by the owner. 2. Schedules and Progress Reports. At the beginning of the project the contractor shall u nish a sc edu e o expected progress of the work under .. the contract, showing approximately the dates on which each part or division of the work is expected to be begun and finished. The contractor shall also forward to owner as soon as practicable after the first day of each month, �.» a summary report of the progress of the various parts of the work under the contract in the shops and in the field, stating the existing status, rate of progress, estimated time of completion, and cause of delay, if any. 3. Prosecution of the Work. If it appears to Architect that the rate of progress being made is not such-os will insure the completion of the work within the specified time limit, he shall notify the contractor, his surety and the owner and appropriate steps shall be token to insure completion of the contract as specified. If the contractor desires to carry on work at night or outside the regular hours, he may submit application to owner_ The contractor shall allow ample time between submitting his application and proposed date of commencing GC-27 the new working hours to enable satisfactory arrangements to be made for inspecting the work in progress. If granted permission, he shall light the different parts cf the work in a manner satisfactory to owner and in compliance with oil federal, state, and local regulations. 4. Subletting or Assignment of Contract. The contractor agrees not to assign, trans er, convey, or of rwise dispose of the contract or his right, title, or interest therein either in whole or in part, or his power to execute such contract r to any other person, firm, or corporation, or to subcontract any part of the work without the previous consent in writing of the owner. In this connection, it is to be understood that the owner will not approve of the subcontracting of more err than fifty (50) per cent of the work to be done under the contract. It is understood and agreed that, if any part of the work to be done wr under the contract is subcontracted, the subcontracting shall be done in accordance with, and the contractor shall be bound by, the following provisions: i If the contractor proposes to sublet any of the work, he shall list the name of the subcontractor or subcontractors in the space provided in the proposal form and submit the list with his bid. Should the proposal form not provide space for the listing of the names of proposed subcontractor(s), the contractor shall provide such a list to accompany his bid. Failure to include this information in his proposal could constitute cause for rejection of any and sw all future requests for subcontracting any portion of the work. All subcontracts shall be in writing and shall provide that all work to + ' be performed thereunder shall be conducted and performed in accordance with the terms of the main contract. Upon request, certified copies of any or all subcontracts shall be furnished to the owner. In case the terms of any subcontract are, in the opinion of the Architect, unfair to the subcontractor or otherwise unsatisfactory from the standpoint of the owner, or in case the work being done or to be done under any subcontract is not conducted in a manner satisfactory to Architect, the contractor shall, upon written notice to this effect, cause such subcontract to be terminated 'e and the subcontractor and his employees to be removed from the work. Any loss or damage that may be suffered, on account of such action shall be borne by the contractor. The contractor agrees that he is as fully responsible to the owner for the acts and omissions of his subcontractors and of persons either directly or ■ indirectly employed by them, as he is for the acts and omissions of his own employees. Nothing contained in the contract documents shall create any contractural relation between any subcontractor, his creditors, agents, and/or employees and the owner. r GC-28 i i rrr Insofar as is practicable, the contractor shall make payment for sub- contract work in the same units and on the some basis of measurement as apply under the main contract. The owner will not be responsible for loss resulting from the contractor's failure to do so. In making payments to subcontractors the contractor shall protect himself against possibility of overpayment, and he shall assume such losses as may result from overpayment. The subcontracting of any of the work to be done will in no way relieve the contractor of any part of his responsibility under the contract. The contractor shall have on the work at all times a qualified and capable super- intendent whose duty shall be to direct and coordinate the operations of the subcontractors and to see that the orders of Architect are carried out .. promptly and intelligently. Failure of the contractor to control the work of the subcontractors to the satisfaction of Architect will result in the issuance of orders requiring the cancellation of the subcontracts and the removal of the •• subcontractors from the work. 5. Limitation of Operations. With reference to Item 2 above, no part of the work shall undirta n withoutArchitect's review and no work shall be carried on contrary to his instructions. In case of a dispute arising between two or more contractors working in the some area as to the respective rights of each under the specifications, Architect shall determine the matters at issue and shall define the respective rights of the various interests involved, in order to secure the completion of all parts of the work in general harmony and with satisfactory results. His decision shall be final and binding on all parties concerned. 6. Water Supply. The contractor shall provide pumps or other means to supply waterun under pressure to clean up the excavated surface and forms prior to concreting, for sprinkling concrete, and for other purposes for which water is required. He shall also provide an adequate and pure supply of drinking water for the use of his employees and shall indicate the some by sign. Provision shall be made for fire protection where fire hazards exist. 7. Use of Premises. The contractor shall confine his equipment, storage of materials and operations o his workmen to limits indicated by law, ordinances or permits and shall not unreasonably encumber the premises with his materials. The contractor shall not load or permit any part of a structure which he is constructing under this contract to be loaded with a weight that will endanger its safety, nor shall he use any such structure for any purpose without the approval of the Architect. 8. Protection of Work and Property. The contractor shall continuously maintain adequa-te protection of all his work from damage and shall protect the r GC-29 owner's property from injury or loss arising in connection with this contract. e He shall make good any such damage, injury or loss, except such as may be directly due to errors in the contract documents or caused by agents or employees of the owner. He shall adequately protect adjacent property as provided by law and these contract documents. The contractor shat I take at I necessary precautions for the safety es of employees on the work, and shall comply with all applicable provisions or federal, state and municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the 0 work is being performed. He shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workmen and the public, and shall post caution signs warning a against the hazards created by such features of construction as protruding nails, hod hoists, holes, scaffolding, window openings, stairways and falling materials; and he shall designate a responsible member e of his organization on the work, whose duty shall be the prevention of accidents. The name and position of the person so designated shall be reported to the owner by the contractor. ` In an emergency affecting the safety of life or of the work or of ad- joining property the contractor, without special instruction or authorization from "r' Architect or owner, is hereby permitted to act, at his discretion, to prevent such threatened loss or injury, and he shall so act, without appeal, if so instructed or authorized. Any compensation, claimed by the contractor on account of emergency work, shall be determined by agreement. 9. Character of Workmen and Equipment. The contractor shall employ e° only competent and efficient foremen, superintendents, laborers, mechanics, or other employees; and whenever any employee is or becomes unsatisfactory for the work assigned to the employee the contractor shall remove him from the work and not employ him again upon it. The methods, equipment and appliances used and the quantity and rr quality of the personnel employed on the work shall be such as will produce a satisfactory quality of work and shall be adequate to complete the contract e within the time limit specified. Only efficient and competent laborers and foremen shall be employed on force account work, and only tools and equipment in good condition and suitable for the work shall be used. Architect shall have the authority to dismiss from force account work any laborer or foreman whose efficiency r and ability is below that necessary for the reasonable, adequate and timely prosecution of the work required and to refuse to allow the use of tools and equipment which are not suitable for the work. Dismissed laborers and foremen as well as rejected tools and equipment shall be replaced by the contractor to the satisfaction of the Architect. GC-30 10. Temporary Suspension of the Work. Architect shall have authority to suspend the work w o y or in part for -SU-CF-Period or periods as necessary, �. due to weather or such other conditions as are considered unsuitable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the contractor to carry out orders given or to perform any or •�+ all provisions of the contract. If it should become necessary to stop work for an indefinite period WW the contractor shall store all materials in such manner that they will not obstruct or impede the traveling public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed, provide suitable drainage, et cetera, and erect tem- porary structures where necessary. The contractor shall not suspend the work without written approval from owner. In all cases of suspension of construction operations, the work shall not again be resumed until permitted by order of the owner. The contractor will be responsible for all damage to the work that may occur during suspensions of work the same as though the damage had occurred while the work was in progress. 1.1. Time of Completion of Work and Extension of Time Limit. Time is of the essence—o-Fthe contract, Therefore, the work to done un er the contract shall be completed in its entirety within the time specified in the Special Provisions; provided however, that the owner may, by mutual agreement, extend the time for completion of the work without invalidating any of the provisions of the contract and without releasing the surety. Extensions of time as above provided will be considered by the owner only upon receipt of a written request from the contractor accompanied by the written consent of the surety. Each request shall state the date to which the extension is desired and shall describe the conditions which have operated to prevent completion of the work withitn the specified time. When an extension of time is granted on any basis other than those delays caused by acts of the owner or "Acts of God", it shall be with the understanding that the contractor will reimburse the owner for the architectural expense incurred in connection with the work during the period of the extension in addition to extra expense of any kind that may be brought reason of the over-run in time, y upon the owner by Should the owner cause a delay in the completion of the work by reason of requirements on extra work or otherwise not provided for by the plans or these specifications, the contractor will be granted an extension of time for •� GC-31 completion equal to the amount of such delay and no charge will be made against him for the extension of time so granted, provided, however, that all such extensions requested by the contractor shall be made to the owner in writing on or before the fifth of the month following that in which the alleged delay is said to have occurred and such claim for extension of time shall state explicitly the reasons therefor. Should the contractor fail to file such written claim for extension of time within the period provided therefor, he thereby shall have abandoned any claim therefore. No claim for delay will be considered by the owner except that alleged to have been caused by extra work or special order of the owner acting through the Architect. In naming the prices for completion of the work within the time specified, ► it shall be understood and agreed the work shall be completed within that time. If, however, said work is not completed within the time named in the contract, os extended to cover the total days of delay allowed in the paragraph above, the owner shall deduct and retain out of any sum then due or that may become due the contractor at time of such delinquency or later, the sum specified in the Special Provisions for each and every colendor day that the date of final completion of each contract is delayed. In submitting a proposal and signing the contract, the contractor thereby shall have agreed to these provisions and, furthermore, that the sum deducted and retained is not a penalty but a reimbursement to the owner for damages which the owner will have sustained by reason of such delayed completion. Damages so liquidated are understood to include the additional coat to the owner for any additional engineering and review, interest charges, and overhead all of which damages would be difficult or impossible to ascertain accurately. Delay forced upon the contractor by failure on the part of the owner and its representatives to act promptly in the carrying out of its obligations rr and duties under the contract will be considered cause for waiving a part or all of the aforementioned reimbursement, only when and to such extent as such failure does actually prevent reasonable completion of the work within the e specified time. Changes in plans and increases in the quantities of work to be performed s will be considered cause for said waiver only when they are of such nature and when they occur at such times that they materially and necessarily retard the progress of the work. r GC-32 Temporary suspensions of the work when ordered by Architect or owner in advance and with written agreement to the effect that time extensions will ••� be allowed for them, will be considered cause for said waiver. Amounts due the owner from the contractor under the foregoing Provisions • shall be deducted from any monies then due or to become due said contractor under the contract, and such deductions shall not in any degree release the contractor from further obligations in respect to the fulfillment of the entire contract, nor any right which the owner may have to claim, sue for, and recover compensation and damages for no performance or breach of the contract. WN 12. Annulment and Cancellation of Contract by Owner. If the contractor should be adjudged a bankrupt, ori e should ma a general assignment for the benefit of his creditors, or if a receiver should be appointed r. on account of his insolvency, or if he should persistently or repeatedly refuse or should fail to supply enoughproperly skilled workmen or proper materials for the efficient prosecution of the project, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently dis- regard laws, ordinances, or the instructions of Architect, or other wise be WNguilty of a substantial violation of any provisions of the contract, then the owner, upon the certificate of Architect that, in his opinion, sufficient cause exists to justify such action, may without prejudice to any other right or as remedy and after giving the contractor and his surety seven (7) days written notice, terminate the employment of the contractor and take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever method it may deem expedient. In the event action as above indicated is taken by the owner the con- tractor shall not be entitled to receive any further payment until the work is completed. On completion of the work, determination shall be made by the Architect of the total amount the contractor would have been entitled to receive for the work under the terms of the contract, had he himself completed the work. If the difference between said total amount and the sum of all amounts previously paid to the contractor, which difference will hereinafter be called the "unpaid balance", exceeds the expense incurred by the owner in completing the work, including expense for additional managerial and administrative services, such excess will be paid to the contractor, with the consent of the surety. If, instead, the expense incurred by the owner exceeds the unpaid balance, the mount of the excess shall be paid to the owner by the contractor or his surety. The expense incurred by the owner as herein provided, and the damage incurred through the contractor's default, shall be as determined and certified by the Architect. GC-33 r irr In addition to and apart from the above mentioned rights of the owner to terminate the employment the thecontractor, elect'on of'the ownerexpressly for any willful that the contract may be cancelled at failure or refu:ol on the part of the contractor to faithfully perform the contract Will according to all of its terms and conditions; provided, however, that in the event the owner should cancel the contract, neither the contractor nor his surety shall be relieved from damages or losses suffered by the owner on account of the contractor's said breach of contract. It is understood and agreed that the owner may, at its discretion, avail itself of any or all of the above rights or remedies and that the invoking of any one of the above rights or remedies will not prejudice or preclude the owner from subsequently involving any other right or remedy set forth above or elsewhere in the contract. 13. Right of Owner to Do Work. If the contractor should neglect to prosecute the wor properly or fail to perform any provision of the contract, the owner after three (3) days written notice to the contractor, may, without prejudice to any other remedy it may have, made good such deficiencies and deduct the cost thereof from the payment then or thereafter due the contractor. 14. Contractor's Right to Stop Work or Terminate Contract. If the work should be stopped under an or er of any court, or other public out ority, for a period of three months, through no act or fault of the contractor or of anyone employed by him, or if Architect should fail to issue any certificate for payment within ten (10) days after it is due, or if the owner should fail to- pay to the contractor within thirty (30) days of its presentation, any sum cer- ti fled by Architect and approved by the owner, then the contractor may, upon seven days written notice to the owner and Architect stop work or terminate this contract and recover from the owner payment for all work executed and any lou sustained upon any plant or materials and reasonable profit and damages. 15. Suits or Actions Concerning the Work. Should a suit or action be „ filed by either t contractor or s surety) against the owner or by the owner against the contractor (or his surety), the parties agree that the venue of said suit or action shall be in the county of the state in which the work was or is to a be performed. If one of the questions at issue is the satisfactory performance of the ■ work by the contractor and should the appropriate court of law judge the work of the contractor to be unsatisfactory, then the contractor or his surety shall reimburse the owner for all reasonable attorney's fees and for all legal and all r other expenses (as may be allowed and set by the court) incurred by the GC-34 wr r owner because of the suit or action and, further, it is agreed that the owner may deduct such expenses from any sum or sums then or that may become due the contractor. Should there be no such funds available or should such funds be not sufficient to cover the said expenses, then the contractor or his surety shall pay all or such additional costs involved. OW GC-09 MEASUREMENT AND PAYMENT .. 1 . Methods of Measurement and Computation. All work completed under the contract shal asured by Architect according to United States standard measures. .r The methods of measurement and computation to be used in the determination of the quantities of materials furnished and the quantities of work .. performed under the contract shall be the methods outlined in these specifications or by those methods generally recognized as good architectural practice, which in the opinion of architect, give the greatest accuracy consistent with a• practicable application. 2. Scope of Payment. The contractor shall accept the compensation .. as herein provided, in full payment for furnishing all materials, labor, tools and equipment, and for performing all work under the contract, also for all loss, damage, or liability arising from the nature of the work or from the action of the elements, or from any unforseen difficulties which may be encountered during the prosecution of the work until its final acceptance by the owner. 3. Alteration in Details of Construction. The owner reserves the right to make, at any time during the progress of the work, such increases or decreases in quantities and such alterations in the details of construction as may be found to benecessary or desirable. Such increases and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to accept the work as altered, the some as if it had been a part of the original contract. Unless such alterations and increases or decreases materially change the character of the work to be performed or the cost thereof, the altered work shall be paid for at the some unit prices as other parts of the work. If, however, the character of the work or the unit costs thereof are materially changed, an allowance shall be made on such basis as may have been agreed to in advance of the performance of the work, or in case no such basis has been previously agreed upon, then an allowance shall be mode, either for or against the contractor, in such amount as may be determined to be fair and equitable. No claim shall be made by the contractor for any loss of anticipated profits because of any such alteration, or by reason of any variation between the approximate quantities and the quantities of work as done. GC-35 r w 4. Quantities and Unit Prices. a. Lump Sum. The contractor shall include in the contract sum all allowances name 5n the contract document for items (or for the es entire work ) which are to be paid for under a lump sum price (s) and shall cause the work so covered to be done for such sums. Should Architect direct that additional work be required or work deleted under a lump sum price (s) item, the contract sum will be adjusted therewith by negotiation or may be based upon the basis of "extra work" for additional work at the option of the owner. The contractor declares that the lump sum price (s) includes such sums for all expenses and profit as he deems proper. No demand for expense or profit other than those included in the lump sum price (s) will be allowed. b. Unit Prices. The total amount to be paid under the contract for items for which —Un tTprTces are to be named will be calculated on the basis to of the unit prices named in the proposal for the quantities actually incorporated into the finished project, all as provided by the proposal. The quantities named in the proposal or separately listed are approximate only but these e 110 are to be used as a basis for the comparison of bids and to determine the amount of the performance bond. However, if unit prices appear to the owner to be unbalanced to such an extent that changes in actual quantities required under the contract might result in contract price adjustments which would increase payments to the contractor excessively, then the owner may take such a condition under consideration in making the award of the contract. The owner expressly reserves the right to increase or decrease the estimated quantities during construction and to make any reasonable changes in design without thereby being obligated to the contractor in any way as a result of losses he nay sustain because of 1e inadequate unit prices or because anticipated profits are not realized. 5. Claims for Extra Compensation. In the event any situation arises which, in the opinion o t e contractor, entitles him or will entitle him to compensation in addition to that which he will receive at the prices and on the basis of payment specifically set forth in the contract and in previously issued extra work orders, price agreements and supplemental agreements, the contractor shall notify owner of the situation and of his intention to make claim for such additional or extra compensation. The notice to owner shall , be made in writing and shall be delivered before any of the extra expense to be claimed is incurred. The notice shall set forth the grounds on which the additional or extra compensation is to be claimed. If notice to the owner is not thus given, or if Architect is not afforded proper facilities by the contractor for keeping strict account of actual cost, then the contractor hereby agrees to waive the claim for such extra compensation. Such notice by r the contractor, and the fact that Architect has kept account of the cost as r GC-36 r r wr aw aforesaid, shall not in any way be construed as proving the validity of the claim. In case the claim is found to be valid and just, it may be allowed and paid for No as an extra as provided herein for extra work, or it may be allowed and paid under a supplemental agreement to be entered into between the parties to the contract. ON 6. Payment for Force Account Work. When extra work is ordered by Owner todine on a orae account basis (either by the contractor or MW an approved subcontractor) such work will be paid for on the basis of the actual cost to the contractor or subcontractor plus on allowance of fifteen (15) per cent thereof. Where said work is performed by an approved subcontractor, Am five (5) per cent will be allowed the contractor for supervision of the sub- contractor's work. em The items of cost to which the above percentage will be added and to which payment will be restricted are as follows: r` a. The payment to be made for labor used in the work will be made at the rates actually paid (plus a sum not to exceed 25 per cent Nothereof for items of direct overhead on labor such as but not limited to welfare or fringe benefit payments, social security, accounting, insurance, etc.) to the laborers and foremen by the contractor or subcontractor unless these rates are in excess of the current local prevailing wage rates, in which event, payment will be made at the local prevailing wage rate. The time allowed will be the number of hours worked directly on force account operations. b. Payment for purchased materials equipment ies used on force account work will be made at the prices billed to the contractor or subcontractor by the supplier, less all discounts. It will be assumed that the contractor or his subcontractor has taken advantage of all on bills for materials and supplies, and such discounts will be subtract dible ' from is the total amounts of bills regardless of any failure of the contractor to take i" advantage of some. Freight and express on material and supplies will be considered to be a part of the cost of the materials and supplies and will be paid for as materials and supplies. c. Materials and supplies produced by the contractor or subcontractor will be paid for at prices to be agreed upon between the contractor and Owner , which prices will be no greater than the prices at which the materials and supplies can be obtained elsewhere. d. Where the use of rental equipment is authorized by the Architect, rental on such equipment used will be paid at the rates actually paid by the contractor or subcontractor unless these rates are in excess of the current local rates or unless the equipment is owned by the contractor or subcontractor, GC-37 in either of which events payments will be made at the rates to be agreed upon to between the contractor and Architect prior to beginning work, which rates will in no case be greater than the current local rates. ars For equipment rented on a daily or hourly basis, rental will be allowed for only those days or hours during which the equipment is in actual use. For NO equipment rented on a monthly basis, straight time rental will be allowed from the day the equipment is first used on the particular piece of force account work until and including the last day on which it is used on that particular work, VW provided the equipment is not used on other work during the period, and provided further that the equipment is not idle for a continuous period of more than six days. No rental will be allowed for any parts of idle period of W lengths greater than six days or for any time during which the equipment is used on other work. The rental allowed for equipment will in all cases be understood to cover all fuel, supplies, repairs, and renewals, and no further allowances will be mode for those items unless specific agreement to that effect is made in writing before the work is commenced. Individual pieces of equipment having a value of one hundred (100) dollars or less will be considered to be tools or small equipment, and no rental will be allowed on such. The fifteen (15) per cent allowance to be made to the contractor (or subcontractor) will be made on all items of cost listed above except for rental on equipment authorized by Architect to be used on the work in whicl, case the allowance will be five (5) per cent. The percentage allowances made to the contractor in accordance with the terms outlined above will be understood to be reimbursement and compen- sation for all supervision, use of tools and small equipment, overhead expenses, bond cost, insurance premiums, profits, indirect costs and losses of all kinds, and all other items of cost not specifically designated herein as items involved are furnished or incurred by the contractor or by the subcontractor. No other rr reimbursement, compensation or payment will be made for any such services, costs or other items. e Should any percentage allowange or other corresponding allowance be made by the contractor to a subcontractor (other than specified herein), in connection with force account work, such allowance shall be at the sole expense of the contractor and the contractor will not be reimbursed or other- wise compensated for the some by the owner. 7. Force Account Bills. Bills for force account work must show in payroll form t e ates, names, ours worked each day, rates of pay, and amounts r GC-38 .rr paid to each individual employed on such work, and must give in detail the nature of the work done by each. &IIs for materials must be fully itemized, showing dates of delivery, quantities, unit prices, amounts,and discounts, and must be accompanied by receipted invoices covering every item. All bills, payrolls, and other forms of claims for payment on force account work must be submitted in triplicate, must state the number of force account work or change order applicable and the name or number of the contract under which the work was performed, and must be approved by the owner. Failure to present claims in proper form within thirty (30) days after the close of the month in which the work covered was performed shall constitute a waiver on the part of the contractor of his right to present such claim hereafter or to receive payment therefor. 8. Payment for Omitted Items. The owner shall have the right to cancel dw portions of the contract relating to construction of any item therein by payment to the contractor of a fair and equitable amount covering all items of cost incurred prior to the date of cancellation or suspension of the work by order 'w` of Architect. Where practicable the work completed before cancellation shall be paid for at unit prices, otherwise the contractor shall be allowed a profit percentage on the materials used and construction work actually performed at rates as provided under "Payment for Force Account Work", Article GC-09-6, but no allowance will be made for anticipated profits. Acceptable materials ordered by the contractor or delivered on the work prior to the date of cancellation or suspension of the work by order of the owner shall be purchased from the contractor by the owner at actual cost and thereupon becomes the property of the owner. 9. Partial Payments. At a regular period each month the Architect shall make an estimate—o—f-tNe amount of work completed and of the value of such ,r completed work. He shall also make an estimate of the amount and value of accep- table material to be incorporated in the completed work which has been delivered and properly stored at or near the site or at a location acceptable . to the Architect. He will also estimate and allow the full amount earned under force account work, as the value thereof. The sum of values will hereafter be collectively referred to in this subsection as the "value of completed work". With these estimates as a base, a partial payment shall be made to the contractor, which partial payment shall be equal to the value of completed work, less such amounts as may have been previously paid, leu such other amounts as may be deductible or as may be owing and due to the owner for any cause, and less an amount to be retained in protection of the owner's interests. In no case shall the amounts allowed as partial payments exceed the reasonable value of completed work as estimated by the Architect- GC-39 r The amount to be retained from any given partial payment will be such that when added to the sum of amounts previously retained will bring the total W of amounts retained to an amount equal to ten per cent (10%) of the value of completed work, but in no case, to an amount greater than five per cent (5%) of the contract amount. After the retained amount has reached five per cent (5%) of the said contract amount, that amount will be retained until such time as final payment is made with the following provision. Upon substantial completion of the work under the contract which shall be understood to be not less than 97-1/2% of the work, owner may, at its discretion, reduce the e11 retained amount to an amount equivalent to not less than 200% of the contract value or estimated value or estimated cost, which ever is greater, of the work remaining to be done. The owner may in all cases retain an amount of money, or, on account of subsequently discovered evidence, nullify the whole or a part of any payment certificate to such extent as may be deemed necessary to protect the owner from loss on account of: a. Defective work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims. c. Failure of the contractor to make payments properly to subcontractors or for material or labor. d. A reasonable doubt in the opinion of the owner that the rr contract can be completed for the balance then unpaid. e. Damage to another contractor. ■r Should the amount due the contractor under the estimate for any given month be less than five hundred dollars ($500.00) at the option of the owner, no payment shall be made for that month. Partial payments shall not be construed as an acceptance or approval is of any part of the work covered thereby, and they shall in no manner relieve the contractor of responsibility for defective workmanship or material. e The estimates upon which partial payments ore based are not represented to be accurate estimates, and all quantities shown therein are subject to correction in the final estimate. If the contractor uses such estimates as a r basis for making payments to subcontractors, he does so at his own risk, and he shall bear all loss that may result. r The making of partial payments under the contract,either before or after the date set for completion of the work shall not operate to invalidate any of the provisions of the contract or to release the surety. GC-40 r At the time payment is made for any materials which have been stored on or near the site, the ownership of such materials shall be vested in the owner, and they shall remain in storage until used on the work. Such materials shall not be used on other work. The contractor shall be responsible for the replacement of any materials which are damaged or stolen during storage. 10. Advances on Materials. For materials delivered and held in storage upon the work or near ttie site of the work if approved by Architect ), allowances will be made in the partial payments to the contractor. These allowances shall be in amounts not exceeding ninety per cent (90%) of the net cost to the contractor of the material f.o.b. the work,and from such allowances there shall be retained the percentages regularly provided for in connection with partial payments. In cases where there is a bid price on a given material in place,the allowance shall be further limited to not exceed ninety per cent (90%) of the difference between the bid price and the cost of placing as estimated by the Architect. At the option of owner no allownace for materials shall be made on any partial estimate unless the total allowable value for all materials on hand is at least one thousand dollars($ 1,000.00) and no allowance shall be .., made upon any single class of material the value of whcih is not at least five hundred dollars ($500.00). The inventory of materials for which advances are requested shall be kept to as reasonable an amount as required for prosecution 40 of the work. No allowance shall be made upon fuels, supplies, form lumber, falsework, or other materials, or on temporary structures of any kind, which will not become an integral part of the finished construction. w. As a basis for determining the amount of advances on material, the contractor shall make available to Architect such invoices, freight bills, WC and other information concerning the materials in question, as the Architect may request. Should there be reasonable evidence, in the opinion of the Architect, that the contractor is not making prompt payments for material on hand, allow- ances for material on hand will be omitted from partial payment. 11 . Allowance for Materials Left on Hand. Materials not required by the unit or lump sum prices nomed int propo—soTbut delivered to the work at the order of Architect but left unused due to changes in plans, will, if the materials are not practicably returnable for credit, be purchased from the r contractor by the owner at actual cost (without percentage allowance or profit), and shall thereupon become the property of the owner. 12. Final Estimate. As soon as the completed work shall have passed satisfactory inspection, Architect will so notify the owner and contractor in writing and the contractor will then be paid an amount such as will make the total payments equal to the total contract price less the retained percentage. GC-41 paymnt of the final estimate will be made at the same time in the month and in :he some manner as above provided for monthly estimates. The retained percentage of the final contract price shall be retained for a period of thirty (30) days following the final acceptance of the completed project, and every person performing labor or furnishing supplies toward the completion of said improvement or work shall have a lien or claim upon said fund so reserved, provided such notice of the lien or claim of such claimant shall be given in the manner and within the time provided by law. After the expiration of thirty !30) days following the final acceptance of the work said reserve, or all amounts thereof in excess of a sufficient sum int to meet and discharge the claims of material men and laborers who have filed their claims, together with a sum sufficient to defray the cost of such action to pay attorney's fees, shall be paid the contractor. 13. Suspension of Payments. No partial or final payment shall be made as long as any order made y Architect to the contractor in accordance with irrr any the specifications remains unclong claim orJlien�filedaolr prosecuted against rtial or final payment be made g Y the owner, the owner's officers or employees contrary to the provisions of the contract remains unsatisfied. 14. Correction of Work after Final Payment. Neither the final cer- n tificate nor payment nor any provision it contract documents shall relieve the contractor of responsibility for faulty materials orworkmanship and and unless otherwise specified, he shall remedy any defects due pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance. The owner shall give notice of observed defects with reasonable promptness. All questions arising under this article shall be decided by the owner. 15. Payments. Payments under the contract shall be paid in cash by ■ the owner un ess otherwise provided by the Special Provisions of these specifications. r i i GC-42