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City of Carmel #11-09 Contract Book
PROJECT MANUAL FOR CITY OF CARMEL, INDIANA PROJECT: Illinois Street Extension (Project No. 11-09) IF THERE ARE ANY QUESTIONS CONCERNING THE CONTRACT DOCUMENTS, PLEASE CONTACT J. SAMUEL BALOG, PE AMERICAN STRUCTUREPOINT INC. AT (317) 547-5580 Prepared by: 7260 Shadeland Station, Indianapolis, IN 46256-3957 TEL 317.547.5580 FAX 317.543.0270 April 2012 Revised 3/28/2012 BID PROPOSAL SUMMARY PAGE Complete the following information and place as the cover page to your bid packet. Insert all documents into an envelope with project name and your company name clearly marked on the outside. Seal the envelope. Company: Project Name: Date Submitted: Base Bid Amount: Alternate Bid Amount: TOC - 1 TABLE OF CONTENTS SUBJECT PAGES NOTICE TO BIDDERS NTB-1 INSTRUCTIONS TO BIDDERS ITB-1 BIDDER'S ITEMIZED PROPOSAL AND DECLARATIONS BID-1 POST BID SUBMITTAL POST-BID-1 BID BOND BB-1 MAINTENANCE BOND MB-1 PAYMENT BOND PMB-1 PERFORMANCE BOND PFB-1 AGREEMENT A-1 ADDITIONAL REQUIREMENTS AR-1 City of Carmel Sample Forms AR-2 Common Construction Wage Rates AR-7 STANDARD GENERAL CONDITIONS (INCORPORATED BY REFERENCE) Article 1 - Abbreviations and Definitions G-1 Article 2 - Preliminary Matters G-5 Article 3 - Contract Documents G-7 Article 4 - Availability of Lands; Physical Conditions G-8 Article 5 - Bonds and Insurance G-13 Article 6 - CONTRACTOR’s Responsibilities G-17 Article 7 - Work by Third Parties G-28 Article 8 - OWNER’s and ENGINEER’s Status During Construction G-29 Article 9 - Changes in the Work G-31 Article 10 - Change of Contract Price G-32 Article 11 - Change of Time; Liquidated Damages; Delays and Hindrances G-36 Article 12 - Warranties, Test and Defective Work G-38 Article 13 - Payments to CONTRACTOR and Completion G-41 Article 14 - Suspension of Work and Termination G-48 TOC - 2 Article 15 - Dispute Resolution G-50 Article 16 - Miscellaneous G-52 Attachment A to Article 15 G-58 SUBJECT TECHNICAL SPECIFICATIONS SP-1 Existing Conditions of Utilities, Additional R/W, Encroachments SP-2 Construction Scheduling SP-3 Failure Coordination with City Services SP-4 Failure to Complete on Time for Road Closure SP-5 Clearing Right-of-Way SP-6 Chemical Modification of Soils SP-7 Existing Section Corners SP-8 Erosion Control Measures SP-9 Applicable Specifications SP-10 Material Testing SP-11 Intermediate Completion Date SP-12 Decorative Concrete Coloring & Jointing SP-13 Removal of Existing HMA Pavement SP-14 Roundabout Pavement Markings SP-15 Decorative Street Signs SP-16 Sawcut SP-17 Adjust Casting to Grade SP-18 Drainage Structures SP-19 Pipe End Sections SP-20 Cable Interduct SP-21 Sanitary Sewer Manholes SP-22 Topsoil SP-23 Irrigation Conduit SP-24 Catch Basin Hood SP-25 Raised Pavement Markers SP-26 Water Main TOC - 3 SP-27 Sanitary Sewer SP-28 Temporary Capped Inlets SP-29 High Pressure Gas Line SP-30 Existing Conditions SP-31 Pending Permits SP-32 Decorative Street Lighting SP-33 Alternate Bid SP-34 HMA for Approaches NTB-1 NOTICE TO BIDDERS City of Carmel, Indiana Department Board of Public Works and Safety One Civic Square City of Carmel, Indiana 46032 Project: City of Carmel Project No. 11-09 Illinois Street Extension Notice is hereby given that the Board of Public Works and Safety for the City of Carmel, Hamilton County, Indiana will receive sealed bids for the above described “Project” at the office of the Clerk Treasurer, One Civic Square, Carmel, Indiana (City Hall) 10:00 AM Local Time on or before April 18, 2012, and commencing as soon as practicable thereafter on the same date such bids will be publicly opened and read aloud in the Council Chambers of City Hall. No late bids will be accepted. All bids and proposals shall be properly and completely executed on the proposal forms provided with the plans and specifications, which will include the non-collusion affidavit as required by the State of Indiana. The bid envelope must be sealed and have the words BID –Illinois Street Extension City of Carmel Project #11-09. A bid bond or certified check in an amount not less than ten percent (10%) of the amount bid must be submitted with each bid. A one hundred percent (100%) performance and payment bond will also be required of the successful bidder. It is intended that actual construction of all work divisions shall be started as soon as practicable, and each bidder shall be prepared to enter promptly into a construction contract, furnish a performance bond, and begin work without delay in the event the award is made to him. A pre-bid meeting has been scheduled for Wednesday, April 11th, 2012 at 10:00 a.m. in the Caucus Room of Carmel City Hall. Any contractors planning to submit bids on this project are encouraged to attend this meeting. The Project consists of, but is not necessarily limited to, the following: Construction of Illinois Street beginning 800 feet north of 106th Street and continuing north to 116th Street including a roundabout at 111th Street. Project also includes the reconstruction of the roundabout at the intersection of Spring Mill Road & 116th Street. Contract Documents for the Project have been assembled into one bound project manual, which together with drawings, may be examined at the following locations: City of Carmel Department of Engineering - 1st Floor One Civic Square Carmel, IN 46032 (317) 571-2441 NTB-2 American Structurepoint, Inc 7260 Shadeland Station Indianapolis, IN 46256 (317) 547-5580 Complete sets of bidding documents can be obtained from Eastern Engineering Supply, 9901 Allisonville Road, Fishers, IN 46038 through the American Structurepoint plan room, http://www.structurepointplanroom.com/, for a Non-Refundable fee of $150.00 for each complete set. These sets include half-size drawings, cross sections, and project specifications. All payments and costs of Contract Documents are non-refundable. Bidders shall assure they have obtained complete sets of drawings and Contract Documents and shall assume the risk of any errors or omissions in bids prepared in reliance on incomplete sets of drawings and Contract Documents. This Project will be funded by the City of Carmel. Wage rates for the Project shall not be less than the current prescribed scale of wages as determined by the Common Construction Wage Committee in accordance with I.C. 5-16-7, and included in the Project Manual. For special accommodations needed by handicapped individuals planning to attend the pre-bid conference or public bid opening meeting, please call or notify the City of Carmel, Engineer’s Office, at (317) 571-2441, at least forty-eight (48) hours prior thereto. No bidder may withdraw any bid or proposal within a period of sixty (60) days following the date set for receiving bids or proposals. The Carmel Board of Public Works and Safety reserves the right to hold any or all bids or proposals for a period of not more than sixty (60) days and said bids or proposal shall remain in full force and effect during said period. The City of Carmel reserves the right to reject and/or cancel any and all bids, solicitations and/or offers in whole or in part as specified in the solicitations when it is not in the best interests of the governmental body as determined by the purchasing agency in accordance with IC 5-22-18-2 ___________________________ Diana L. Cordray Clerk-Treasurer Publication Dates: March 29th and April 5th, 2012 ITB-1 INSTRUCTIONS TO BIDDERS City of Carmel OWNER: City of Carmel by and through its Board of Public Works and Safety Project/Work: Illinois Street Extension Carmel Project No. 11-09 Owner’s Representative: Michael McBride PE, City Engineer One Civic Square Carmel, IN 46032 Designed By: American Structurepoint, Inc. 7260 Shadeland Station Indianapolis, IN 46256-3957 Attn: J. Samuel Balog, PE (317) 547-5580 Fax: (317) 543-0270 1. GENERAL 1.1. Submission of a Bid shall constitute an unconditional Agreement and acknowledgment by the Bidder to be bound by all terms and conditions set forth herein and in any of the Documents assembled or referred to in the bound Project Manual of which these Instructions To Bidders are a part. 1.2. Sample forms are included in the Project Manual to acquaint Bidders with the form and provisions of various Bid Documents and other Documentation required by the Contract Documents to be executed, completed and submitted by some or all Bidders, either as part of a Bid Submission or after the Bid Date. Such sample forms are not to be detached from the Project Manual, filled out, or executed. Separate copies of such forms and any other required Documentation prescribed by the Contract Documents have been or will be furnished separately by the OWNER and must be obtained directly from the Department of Engineering, One Civic Square, First Floor, Carmel, Indiana 46032. 1.3. Instructions and requirements printed on any sample form included in the Project Manual or any form not so included but required to be completed, signed or furnished by a Bidder as part of a Bid Submission or after receipt and opening of Bids shall be deemed requirements established by these Instructions To Bidders to the same extent as if fully restated herein. 1.4. All communications for the administration of the Contract shall be as set forth in the General Conditions and, in general, shall be through the City of Carmel, Department of Engineering. ITB-2 1.5. The Unit Cost Schedule included as “Part 3” hereof is to be completed for the Project Bid. The construction completion time is shown in Technical Specification paragraph SP-2 and is as follows: Project Start Date: June 1, 2012 Intermediate Completion Dates: November 15, 2012 Final Project Completion Date: June 01, 2013 2. DEFINITIONS The following definitions shall apply to these Instructions to Bidders (ITB): 2.1. Bidder - Any person or entity who submits a Bid. 2.2. Bid - A written proposal submitted by a Bidder as part of the form prescribed herein offering to perform and complete the Work and to fulfill all other requirements of the Contract Documents for one or more specified prices. 2.3. Bid Documents - All Documents and completed forms required to be submitted by a Bidder with and as integral parts of a Bid Submission, whether or not included as sample forms assembled in the Project Manual of which these Instructions To Bidders are a part. Such Bid Documents are listed and more fully described in ITB Section 5.3 hereof. 2.4. Bid Date - The date when Bids are to be received, opened, and publicly read aloud as established by the Notice To Bidders as may be modified by Addenda. 2.5. Bid Submission - All Documents presented by a Bidder for receipt and opening on the Bid Date. 2.6. Contract Documents - The Agreement and any exhibits thereto (sometimes referred to as “Contract”), Addenda (which pertain to the Contract Documents), Instructions to Bidders, Advertisement, Notice to Bidders, Contractor’s Bid (including Documentation accompanying the Bid and any post-Bid Documentation submitted prior to the Notice of Award), Notice to Proceed, the Bonds, the Standard General Conditions, the Additional Requirements Section, any supplemental conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement. 2.7. ENGINEER - The City of Carmel, acting by and through its Board of Public Works and Safety. 2.8. OWNER - The City of Carmel acting by and through its Board of Public Works and Safety and the Department of Engineering. 2.9. Project - The total construction of one or more improvements or structures of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. ITB-3 2.10. Project Manual - The bound set of Documents, sample forms, and Contract Documents (excluding plans and Addenda) approved by the OWNER for the Work and/or Project described in the Notice To Bidders and of which these Instructions To Bidders are a part. 2.11. Standard General Conditions - City of Carmel Standard General Conditions for Construction Contracts, 2003. 2.12. Work - The entire construction or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. The Work is the result and product of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. In all other respects, terms used herein shall have the meanings as stated in the Standard General Conditions or other Contract Documents. 3. EXAMINATION OF SITE AND DOCUMENTS 3.1. Before the Bid Date, all Bidders shall carefully and thoroughly examine and inspect the entire site of the proposed Work and adjacent premises and the various means of approach and access thereto by means of a site inspection visit, and make all necessary investigations to inform themselves thoroughly as to the facilities necessary for delivering, placing and operating the necessary construction equipment, and for delivering and handling materials at the site, and shall inform themselves thoroughly as to any and all actual or potential difficulties, hindrances, delays and constraints involved in the commencement, prosecution and completion of the proposed Work in accordance with the requirements of the Contract Documents. 3.2. It shall be the sole responsibility of Bidders to make borings, test pits and to conduct such other investigations at or near the site of the proposed Work as they deem necessary to determine the character, location and amount of materials to be encountered or other subsurface conditions which could affect the manner, cost or time required to perform the Work. 3.3. Bidders shall carefully and thoroughly examine the plans, specifications and other Contract Documents and/or Project Manual as available in the locations stated in the Notice to Bidders and shall assume the full risk of their own judgments as to the nature, quality and amount of the whole of the Work to be done, and for the price Bid must assume all risk of any and all variances or errors in any computation or statement of amounts or quantities necessary to complete the Work in strict compliance with the Contract Documents. 3.4. Elevations of the existing ground surface or structures at the site of the Work as shown on the plans are believed to be reasonably correct, but are not guaranteed to be absolutely so and are presented only as an approximation. Bidders shall satisfy themselves as to the correctness of all elevations. 3.5. Information stated or depicted on plans concerning the location, dimensions, depth, and other characteristics of underground structures and utilities is given only as general information and shall not be construed or relied upon by Bidders as a representation or ITB-4 assurance that such structures or utilities will be found or encountered as plotted, or that such information is complete or accurate. Therefore, Bidders shall satisfy themselves by such means as they may deem proper as to the location of all structures and utilities that may be encountered in construction of the Work and shall bear the risk of the number, type, location, dimensions and depth of all structures and utilities thus encountered. 4. CLARIFICATIONS AND ADDENDA 4.1. If a Bidder finds conflicts, errors, discrepancies, or ambiguities in the Contract Documents or any sample form, or if the Bidder is in doubt as to the intended meaning of any portion or provision therein, the Bidder shall at once give written notice thereof to the OWNER’s Representative, at least seven (7) consecutive calendar days prior to the Bid Date. No Bidder shall be allowed any extra compensation or time extension by reason of any conflict, error, discrepancy, or ambiguity of which the Bidder had actual knowledge or reasonably should have known and which he/she failed to report within the period and in the manner required by these Instructions To Bidders. 4.2. No material changes, clarifications, or interpretations of the Contract Documents will be issued except by written or graphic Addenda mailed or delivered to record holders of Contract Documents not less than three (3) calendar days prior to the Bid Date. All such Addenda must be acknowledged by the Bidder and will become a part of the Contract Documents. The OWNER will not be responsible for or bound by any oral or written interpretations or clarifications of the Contract Documents that anyone presumes to make on its behalf, except by an Addendum issued in accordance with this Section. 5. BID SUBMISSION 5.1. All Bid Documents shall be placed within a sealed envelope that shall be plainly labeled on the outside with the words “BID –Illinois Street Extension City of Carmel Project #11-09”. on the lower left-hand corner as indicated on the Notice to Bidders and also include the name and address of the Bidder on the envelope. If forwarded by mail, the sealed envelope must be enclosed in another envelope addressed to: City of Carmel, Clerk-Treasurer’s Office, One Civic Square, Carmel, Indiana 46032. 5.2. All Bid Documents as herein prescribed must be submitted with, and as integral parts of, each Bid Submission and shall be subject to all requirements of the Contract Documents, including drawings and these Instructions To Bidders. Bid Documents must be properly filled in and completed in every material respect and without interlineations, excisions, special conditions, qualifications or exceptions. Each Bid Document requiring a signature shall be signed by an individual duly authorized to execute such Document on Bidder’s behalf. A Bid executed by a corporation, joint venture, or other entity with an assumed name shall have the legal and correct name thereof followed by the word “by” and the signature and title of the officer or other person authorized to sign for it and a corporate resolution or similar document authorizing such officer to bind the entity. ITB-5 5.3. The Bid Documents to be thus submitted by each Bidder shall consist of both of the following (5.3.1, 5.3.2): 5.3.1. Bidder’s Itemized Proposal and Declarations. A sample of this form is included in the Project Manual and must be utilized by all Bidders. Such Document includes and consists of the following constituent “Parts”: “Part 1 - Bidder Information” “Part 2 - Proposal (Bid)” “Part 3 - Contract Items and Unit Prices” “Part 4 - Contract Documents and Addenda” “Part 5 - Exceptions” “Part 6 - Financial Statement” “Part 7 - Additional Declarations” “Part 8 - Non-Collusion Affidavit” “Part 9 - Signatures” 5.3.2. Bid Security in the form of a Bid Bond or Certified Check in an amount not less than ten percent (10%) of the Bid price. Such Bid Security shall serve as security to insure the execution of the Agreement and the furnishing of other required Documents by the successful Bidder, including Performance and Payment Bonds. A sample Bid Bond form is included in the Project Manual and such form, or such other form as may be approved in advance by OWNER, shall be utilized if such a bond is furnished as Bid Security. A Bid Bond shall be executed by a surety company licensed to transact such business in the State of Indiana and qualified as a surety under the underwriting limitations on the current list of “Surety Companies Acceptable on Federal Bonds,” as published in the US Treasury Department Circular No. 570; the Bidder shall also furnish as part of the Bid Submission a signed power of attorney establishing the authority of the person executing such Bid Bond on behalf of the surety. Bid Security shall be held until the Contract is executed with the successful Bidder. In the event that all Bids are rejected, the Bid Security of all Bidders will be returned upon request. No “Annual” Bid bonds, cash deposits or cashiers’ checks will be accepted. 5.4. Bids may be withdrawn in person by a Bidder during normal hours of business prior to the time fixed for opening of Bids. In the event of a valid withdrawal of a Bid, the Bid Security of the withdrawing Bidder will be returned promptly. No Bid may be withdrawn after opening of Bids has commenced except after expiration of such period following the Bid Date as is specifically provided in the Notice to Bidders or as otherwise governed by law, plus any extension thereof as provided elsewhere in these Instructions To Bidders. 5.5. Bids will be received up to the time specified in the Notice to Bidders. Bids received after that time will be returned unopened. All Bids will be stamped showing the date and time received. ITB-6 6. POST-BID REQUIREMENTS Within three (3) business days of notification by OWNER, the apparent lowest responsive Bidder will be required to submit additional Documents and satisfy additional requirements as conditions to such Bidder being found by the OWNER to be a responsible Bidder, as follows: 6.1. Proof of Insurability. The Bidder shall furnish: (1) proof of insurance showing existing coverage in accordance with the terms and amounts stated in the General Conditions, or (2) a letter or statement certifying that, in the event that the Bid is awarded by the OWNER, an insurance company will provide the required coverage to the Bidder submitting the Bid. Such proof of insurance or the letter/statement shall be issued by a financially responsible insurance company authorized to do business in the State of Indiana. 6.2. Surety Letter of Intent. The Bidder shall furnish a written statement or letter from a Surety company licensed to transact such business in the State of Indiana and qualified as a surety under the underwriting limitations on the current list of “Surety Companies Acceptable on Federal Bonds”, as published in U.S. Treasury Department Circular No. 570 which assures the OWNER that, in the event the Bid is accepted and a Contract is awarded by OWNER, said Surety will execute and deliver both a Performance Bond and Payment Bond as required by the Contract Documents. 6.3. Joint Venture Agreement. If the Bidder is a joint venture, partnership or other combination of two or more persons or entities, the Bidder shall submit a copy of the joint venture or other Agreement by which such joint venture, partnership, or other association has been formed, executed by all such participating persons or entities. If the Bid is signed by less than all parties that comprise the Bidder, suitable written evidence of the authority of such signing party to bind all such parties must also be furnished. 6.4. Manufacturers List. The Bidder shall submit a completed Manufacturers list on the form provided in these Bid Documents. 6.5. Subcontractors List. The Bidder shall submit a completed Subcontractors list on the form provided in these Bid Documents. 7. BID EVALUATION AND AWARD 7.1. Award of the Contract will be made to the lowest, most responsive and most responsible Bidder where the Bid is reasonable and does not exceed the funds available for the Project. The OWNER reserves the right to reject all Bids and may waive or allow a Bidder to correct errors, omissions or other irregularities in Bid Documents that are found not to have afforded the Bidder a substantial competitive advantage over other Bidders. 7.2. The OWNER shall have the right to reject any Bid if investigation of the Bidder fails to satisfy the OWNER that such Bidder is properly qualified to carry out the obligations and complete the Work. Any or all Bids will be rejected if there is reason to believe that collusion exists among Bidders. ITB-7 7.3. For Contract Items and Unit Price, estimated quantities and unit prices will serve as the basis for determining the proposed price of each Bid. Patent math errors in statements of Unit Prices or Totals may be corrected by the OWNER or ENGINEER, in which case the corrected amounts will be used for the purpose of Bid evaluation, comparison and other award considerations. However, neither the OWNER nor the ENGINEER shall be required to discover or correct any error or omission in a Bid and the Bidder shall assume the risk of and be bound to the consequences of any such error or omission. 7.4. The OWNER may, at its sole option, award the Contract to a Bidder on a conditional basis to afford the Bidder additional time and opportunity to submit required Documents or to fulfill other requirements. In such case, the OWNER will furnish to the Bidder a notice of conditional award that will establish (i) the additional conditions to be fulfilled for the award to become effective, and (ii) the time limit within which such conditions shall be satisfied. If the Bidder fails to satisfy the conditions in the manner and within the time specified in such notice, the OWNER may declare such Bidder to be non-responsive and award the Contract, conditionally or unconditionally, to another Bidder. Time limitations governing the OWNER’s award of the Contract shall be extended for such additional period as may be required to effectuate the conditional award procedure set forth in this sub-section, and no Bid may be withdrawn during such period of extension. 8. CONTRACT EXECUTION; SUBMITTALS 8.1. Within three (3) business days after the award notice, the successful Bidder shall sign and deliver at least five (5) counterparts of the Agreement, utilizing the form thereof included in the Project Manual and make delivery thereof to the OWNER, along with other Documents as prescribed by the Contract Documents. After execution and delivery of the Agreement and other required Documents, and acceptance thereof by the OWNER, the Bid Security furnished by each Bidder will be returned to the respective Bidders upon request. 8.2. If the Bidder fails or neglects to execute and deliver the Agreement and other required Documents as prescribed by the preceding sub-section, the Bidder shall be deemed to have repudiated the Contract and thereupon the award shall be null and void; and the Bid Security provided by the Bidder shall be forfeited to and retained by the OWNER as liquidated damages for such failure of the Bidder to execute the Contract, it being understood and agreed that the character and amount of actual damages sustained by the OWNER cannot reliably be ascertained and measured and that the amount of the Bid Security is intended as a reasonable prospective estimate of such actual damages. 8.3. Concurrently with the execution and delivery of the Agreement to the OWNER, or within such other period as the OWNER may prescribe, the successful Bidder (CONTRACTOR) shall submit the following as conditions to the Bidder’s right to proceed with and receive payment for any Work: 8.3.1. A complete list of all Subcontractors to be used on the Work; 8.3.2. A one hundred percent (100%) Performance Bond, a one hundred percent (100%) Payment Bond and a ten percent (10%) Maintenance Bond as prescribed by the General Conditions or other Contract Documents. Such bonds shall be executed ITB-8 utilizing the sample forms included in the Project Manual or alternative forms approved in advance by the OWNER. Indemnification clauses between successful Bidder and the Surety shall not be binding upon the OWNER; 8.3.3. The preliminary schedules required by Paragraph 2.7 of the Standard General Conditions; 8.3.4. A schedule of wages to be paid by the Bidder and his/her Subcontractors to laborers for the Work; and 8.3.5. Other post-Bid submittals required by the Contract Documents. 9. LIQUIDATED DAMAGES 9.1. The Contract Documents provide for the payment of liquidated damages in the event of unexcused failure by the CONTRACTOR to complete the Work within the time required by the Contract Documents. 9.2. The per diem rate(s) of liquidated damages established by the preceding sub-section have been determined and are intended as reasonable prospective estimate(s) of the type and amount of actual damages that the OWNER may sustain in the event of such delay(s). Submission of a Bid shall constitute an unconditional acknowledgment and Agreement by the Bidder that such liquidated damages are fair and reasonable and do not and will not constitute a penalty, and that such liquidated damages may be assessed and recovered by the OWNER as against the successful Bidder and its Surety in lieu of actual damages for delayed completion. END OF INSTRUCTIONS TO BIDDERS BID-1 BIDDER’S ITEMIZED PROPOSAL AND DECLARATIONS City of Carmel Instructions To Bidders: This form shall be utilized by all Bidders. Except as otherwise specifically provided, all Parts shall be fully and accurately filled in and completed and notarized. Project: Illinois Street Extension City of Carmel Project #11-09 Proposal For Construction of : Construction of Illinois Street beginning at 800 feet north of 106th Street and continuing north to 116th Street including a roundabout at 111th Street. Project also includes the reconstruction of the roundabout at the intersection of Spring Mill Road & 116th Street. Date: _______________________________ To: City of Carmel, Indiana, Board of Public Works and Safety BID-2 PART 1 BIDDER INFORMATION (Print) 1.1 Bidder Name: 1.2 Bidder Address: Street Address: City: State: Zip: Phone: Fax: 1.3 Bidder is a/an [mark one] Individual Partnership Indiana Corporation Foreign (Out of State) Corporation; State: Joint Venture Other 1.4 [The following must be answered if the Bidder or any of its partners or joint venture parties is a foreign corporation. Note: To do business in or with the City of Carmel, Indiana, foreign corporations must register with the Secretary of the State of Indiana as required by the Indiana General Corporation Act as stated therein and expressed in the Attorney General’s Opinion #2, dated January 23, 1958.] .1 Corporation Name: .2 Address: .3 Date registered with State of Indiana: .4 Indiana Registered Agent: Name: Address: BID-3 PART 2 BID PROPOSAL 2.1 Base Bid The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, service, and other necessary supplies, and to perform and fulfill all obligations incident thereto in strict accordance with and within the time(s) provided by the terms and conditions of the Contract Documents for the above described Work and Project, including any and all addenda thereto, for the Unit Prices applicable to the Contract Items as stated in Part 3 hereof, which Unit Prices, when multiplied by estimated unit quantities for such Contract Items, total Dollars ($_________________). The Bidder acknowledges that evaluation of the lowest Bid shall be based on such price and further acknowledges that the unit quantities listed in Part 3 of this Proposal are estimates solely for the purpose of Bid evaluation and Contract award, and are not to be construed as exact or binding. The Bidder further understands that all Work which may result on the Contract shall be compensated for on a Unit Price basis and that the OWNER and ENGINEER cannot and do not guarantee the amount or quantity of any item of Work to be performed or furnished under the Contract. Alternate Bid The undersigned Bidder proposes to furnish all necessary labor, machinery, tools, apparatus, materials, equipment, service, and other necessary supplies, and to perform and fulfill all obligations incident thereto in strict accordance with and within the time(s) provided by the terms and conditions of the Contract Documents for the above described Work and Project, including any and all addenda thereto, for the Unit Prices applicable to the Contract Items as stated in Part 3 hereof, which Unit Prices, when multiplied by estimated unit quantities for such Contract Items, total Dollars ($_________________). The Bidder acknowledges that evaluation of the lowest Bid shall be based on such price and further acknowledges that the unit quantities listed in Part 3 of this Proposal are estimates solely for the purpose of Bid evaluation and Contract award, and are not to be construed as exact or binding. The Bidder further understands that all Work which may result on the Contract shall be compensated for on a Unit Price basis and that the OWNER and ENGINEER cannot and do not guarantee the amount or quantity of any item of Work to be performed or furnished under the Contract. BID-4a CARMEL PROJECT NO. 11-09 DESCRIPTION: Illinois Street Extension 3/28/2012 ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 1 CONSTRUCTION ENGINEERING LS 1 2 MOBILIZATION AND DEMOBILIZATION LS 1 3 CLEARING RIGHT OF WAY LS 1 4 HOUSES AND BUILDINGS, REMOVE, PARCEL NO 4 LS 1 5 EXCAVATION, COMMON CYS 18,009 6 BORROW CYS 6,550 7 TEMPORARY EROSION AND SEDIMENT CONTROL, CULVERT PIPE PROTECTION EACH 2 8 TEMPORARY EROSION & SEDIMENT CONTROL, CURB INLET PROTECTION EACH 70 9 TEMPORARY CHECK DAM, REVETMENT RIPRAP TON 132 10 TEMPORARY DITCH INLET PROTECTION EACH 2 11 TEMPORARY MULCHING TON 12 12 TEMPORARY SILT FENCE LFT 6,163 13 NO 2 STONE TON 200 14 SUBGRADE TREATMENT, TYPE IIIA SYS 1,014 15 SUBGRADE TREATMENT, TYPE IC SYS 11,307 16 STRUCTURAL BACKFILL CYS 3,978 17 CHEMICAL MODIFICATION, SOILS SYS 30,582 18 COMPACTED AGGREGATE, NO. 53, BASE TON 1,469 19 COARSE AGGREGATE, 8 TON 12 20 COMPACTED AGGREGATE, NO. 53 TON 244 21 MILLING, ASPHALT, 1 1/2 IN SYS 3,034 22 HMA SURFACE, TYPE A TON 219 23 HMA SURFACE, TYPE C TON 2,937 24 HMA INTERMEDIATE, TYPE A TON 660 25 HMA INTERMEDIATE, TYPE C TON 4,508 26 HMA BASE, TYPE C TON 13,227 27 HMA, TYPE C, INTERMEDIATE, OG 19.0MM TON 4,116 28 ASPHALT FOR TACK COAT TON 28 29 DECORATIVE CONCRETE PAVEMENT, TRUCK APRON SYS 260 30 DECORATIVE CONCRETE, 4 IN.SYS 92 ITEMIZED BID BID-4a CARMEL PROJECT NO. 11-09 DESCRIPTION: Illinois Street Extension 3/28/2012 ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL ITEMIZED BID 31 CURB RAMP, CONCRETE, C SYS 111 32 CURB RAMP, CONCRETE, G SYS 29 33 CURB RAMP, CONCRETE, L SYS 125 34 CURB, MODIFIED, ROLL LFT 635 35 CURB, CONCRETE, STRAIGHT LFT 560 36 CURB AND GUTTER, TYPE II LFT 10,497 37 CURB AND GUTTER, TYPE III LFT 9,453 38 CURB AND GUTTER TURNOUT CONCRETE LFT 14 39 HMA FOR APPROACHES, TYPE B TON 226 40 MAILBOX ASSEMBLY, SINGLE EACH 2 41 GEOTEXTILES SYS 226 42 RIPRAP, REVETMENT TON 86 43 MOBILIZATION AND DEMOBILIZATION FOR SEEDING EACH 4 44 FERTILIZER TON 2 45 SEED MIXTURE, U LBS 763 46 SEED MIXTURE, T LBS 673 47 MULCHING MATERIAL TON 9 48 WATER kGAL 28 49 TOPSOIL CYS 4,712 50 SODDING, NURSERY SYS 7,570 51 FIELD OFFICE, C MOS 18 52 PIPE END SECTION, PRECAST CONCRETE, 12 IN EACH 17 53 PIPE END SECTION, PRECAST CONCRETE, 36 IN.EACH 2 54 PIPE, TYPE 4, CIRCULAR, 6 IN LFT 8,918 55 VIDEO INSPECTION FOR PIPE LFT 2,305 56 PIPE, REINFORCED CONCRETE, 12 IN.LFT 1,126 57 PIPE, REINFORCED CONCRETE, 15 IN.LFT 129 58 PIPE, REINFORCED CONCRETE, 18 IN.LFT 59 59 PIPE, REINFORCED CONCRETE, 24 IN.LFT 261 60 PIPE, REINFORCED CONCRETE, 30 IN.LFT 730 61 PIPE, REINFORCED CONCRETE, 36 IN.LFT 1,673 BID-4a CARMEL PROJECT NO. 11-09 DESCRIPTION: Illinois Street Extension 3/28/2012 ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL ITEMIZED BID 62 VIDEO INSPECTION FOR UNDERDRAINS LFT 3,000 63 AGGREGATE FOR UNDERDRAINS CYS 833 64 GEOTEXTILES FOR UNDERDRAIN SYS 9,690 65 MANHOLE, J10 EACH 1 66 CASTING ADJUST TO GRADE EACH 4 67 INLET, F7 EACH 1 68 INLET, J10 EACH 26 69 INLET, M10 EACH 8 70 CATCH BASIN, K10 EACH 35 71 MANHOLE, C4 EACH 10 72 MANHOLE, C2 EACH 1 73 MANHOLE, J4 EACH 13 74 CONSTRUCTION SIGN, C EACH 10 75 ROAD CLOSURE SIGN ASSEMBLY EACH 13 76 DETOUR ROUTE MARKER ASSEMBLY EACH 46 77 CONSTRUCTION SIGN, A EACH 20 78 MAINTAINING TRAFFIC LS 1 79 BARRICADE, III-A LFT 204 80 BARRICADE, III-B LFT 144 81 SIGN POST, SQUARE, TYPE 1, REINFORCED ANCHOR BASE LFT 681 82 SIGN, SHEET, RELOCATE EACH 23 83 SIGN, SHEET, WITH LEGEND 0.080" THICKNESS SFT 196 84 SIGN, SHEET, WITH LEGEND 0.100 IN THICKNESS SFT 96 85 IRRIGATION CONDUIT, PVC, 4 IN.LFT 1,000 86 DECORATIVE STREET LIGHTING, WIRING AND INSTALLATION EACH 8 87 LIGHTING POWER DISTRIBUTION PANEL EACH 2 88 HANDHOLE EACH 16 89 DECORATIVE STREET SIGN ASSEMBLY EACH 8 90 CABLE INTERDUCT LFT 6,031 91 HANDHOLE, LIGHTING EACH 8 92 CONDUIT, STEEL, GALVANIZED, 2 IN LFT 508 BID-4a CARMEL PROJECT NO. 11-09 DESCRIPTION: Illinois Street Extension 3/28/2012 ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL ITEMIZED BID 93 WIRE #4 COPPER IN PLASTIC DUCT IN TRENCH 4, 1/C LFT 1,415 94 TRANSVERSE MARKING THERMOPLASTIC CROSSWALK, WHITE 24"LFT 720 95 LINE, THERMOPLASTIC, BROKEN, WHITE, 4 IN LFT 1,820 96 LINE, THERMOPLASTIC, SOLID, WHITE, 4 IN.LFT 4,178 97 LINE THERMOPLASTIC, SOLID, WHITE, 6 IN LFT 606 98 LINE, THERMOPLASTIC, SOLID, YELLOW, 4 IN.LFT 11,380 99 TRANSVERSE MARKING, THERMOPLASTIC, SOLID, YELLOW, CROSSHATCH LINE, 12"LFT 633 100 TRANSVERSE MARKING, THERMOPLASTIC, CROSSWALK LINE, 6"LFT 426 101 PAVEMENT MESSAGE MARKING, THERMOPLASTIC, LANE INDICATION ARROW EACH 11 102 SNOWPLOWABLE RAISED PAVEMENT MARKER EACH 18 103 PAVEMENT MESSAGE MARKING, THERMOPLASTIC, FISHHOOK LANE INDICATION ARROW EACH 24 104 TRANSVERSE MARKING, THERMOPLASTIC, "SHARKS TEETH"LFT 232 105 LINE, THERMOPLASTIC, BROKEN, WHITE, 12IN., 3FT STRIPE - 3FT GAP LFT 517 106 LINE, THERMOPLASTIC, BROKEN, WHITE, 6IN., 3FT STRIPE - 3FT GAP LFT 311 TOTAL PROJECT: SUBMITTED BY: SIGNATURE: TITLE: ADDRESS: BID-4a CARMEL PROJECT NO. 11-09 DESCRIPTION: Illinois Street Extension 3/28/2012 ITEM NO.DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 1 CONSTRUCTION ENGINEERING LS 1 2 MOBILIZATION AND DEMOBILIZATION LS 1 3 WATER MAIN, DUCTILE IRON, 12 IN LFT 2,958 4 WATER MAIN, DUCTILE IRON, 10 IN LFT 89 5 WATER MAIN, DUCTILE IRON, 8 IN LFT 5 6 TAPPING SLEEVE WITH VALVE EACH 2 7 12" WATER MAIN TEE EACH 2 8 12"x12"x10" WATER MAIN TEE EACH 1 9 12"x12"x8" WATER MAIN TEE EACH 1 10 12"x12"x6" WATER MAIN TEE EACH 5 11 GATE VALVE, 12"EACH 4 12 B BORROW CYS 3,968 13 COARSE AGGREGATE, NO 8 TONS 175 14 FIRE HYDRANT ASSEMBLY EACH 7 15 PIPE, SANITARY SEWER, 10"LFT 134 16 SANITARY MANHOLE EACH 2 17 45° BEND, 12"EACH 10 18 11.25° BEND, 12"EACH 9 TOTAL ALTERNATE BID #1: SUBMITTED BY: SIGNATURE: TITLE: ADDRESS: ITEMIZED BID BID-5 PART 4 CONTRACT DOCUMENTS AND ADDENDA 4.1 The Bidder agrees to be bound by the terms and provisions of all Contract Documents as defined in the Standard General Conditions and incorporates such Contract Documents herein by reference. 4.2 The Bidder acknowledges receipt of the following addenda: ADDENDUM NUMBER DATE BID-6 PART 5 EXCEPTIONS Instructions To Bidders: 5.1 The Bidder shall fully state each exception taken to the Specifications or other Contract Documents in Section 5.3 of this Part. 5.2 Bidder is cautioned that any exception taken by Bidder and deemed by OWNER to be a material qualification or variance from the terms of the Contract Documents may result in this Bid being rejected as non-responsive. 5.3 Exceptions: BID-7 PART 6 FINANCIAL STATEMENT 6.1 Attachment of Bidder’s financial statement is mandatory. Any Bid submitted without said financial statement as required by statute shall thereby be rendered invalid. The financial statement provided hereunder to OWNER must be specific enough in detail so that OWNER can make a proper determination of the Bidder’s capability for completing the Work/Project if awarded. Information on Bidder’s company and financial statement shall be consistent with the information requested on the State Board of Accounts Forms No. 96a and No. 102, entitled “Standard Questionnaires and Financial Statement for Bidders”. BID-8 PART 7 ADDITIONAL DECLARATIONS 7.1 Bidder certifies for itself and all its subcontractors compliance with all existing laws of the United States and the State of Indiana prohibiting the discrimination against any employee or applicant for employment or subcontract work in the performance of the Work contemplated by the Agreement with respect to hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment or subcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status, or Vietnam era veteran status. The City of Carmel reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person discriminated against. 7.2 The Bidder certifies that he/she has thoroughly examined the site of the Project/Work and informed himself/herself fully regarding all conditions under which he/she will be obligated to operate and that in any way affect the Work, and knows, understands and accepts the existing conditions. The Bidder further certifies that he/she has thoroughly reviewed the Contract Documents, including all Addenda, and has had the opportunity to ask questions and obtain interpretations or clarifications concerning Contract Documents. BID-9 PART 8 NON-COLLUSION AFFIDAVIT The individual person(s) executing this Bid Proposal, being first duly sworn, depose(s) and state(s) that the Bidder has not directly or indirectly entered into a combination, collusion, undertaking or agreement with any other Bidder or person (i) relative to the price(s) proposed herein or to be bid by another person, or (ii) to prevent any person from bidding, or (iii) to induce a person to refrain from Bidding; and furthermore, this Bid Proposal is made and submitted without reference to any other bids and without agreement, understanding or combination, either directly or indirectly, with any persons with reference to such bidding in any way or manner whatsoever. PART 9 SIGNATURES [Signature by or on behalf of the Bidder in the spaces provided below shall constitute execution of each and every Part of this Itemized Proposal and Declarations Document. SIGNATURE MUST BE PROPERLY NOTARIZED.] Bidders Name: Written Signature: Printed Name: Title: Important - Notary Signature and Seal Required in the Space Below STATE OF _____________________ SS: COUNTY OF ____________________ Subscribed and sworn to before me this ______ day of _____________________, 20 ___. My commission expires: _________ (Signed)____________________________ Printed:_____________________________ Residing in ___________________ County, State of______________________ POSTBID-1 POST BID SUBMITTAL SEE ITB SECTION 6.4 MANUFACTURERS LIST Instructions To Bidders: The Bidder shall enter, in the spaces provided below, the name of the manufacturer of equipment that the Bidder proposes to furnish for each item of equipment listed in the Manufacturers List which follows. The Bidder shall enter the name of only one manufacturer for each listed equipment item. Failure to enter a manufacturer’s name for each listed equipment item may render the Bid non-responsive if it is determined that such omission is material by affording the Bidder a substantial advantage over other Bidders. Upon award of a contract, each listed equipment item shall be furnished by the named manufacturer, unless changes are specifically authorized. Equipment substitutions will be permitted only with the OWNER’s prior consent. Preliminary acceptance of equipment listed by the manufacturer’s name shall not in any way constitute a waiver of the Drawing and Specification requirements covering such equipment. Acceptance will be based on full conformity with the Drawings and Specifications covering the equipment. Equipment Item (Contract Items) Manufacturer ______________________________________________________________________________ POSTBID-2 POST BID SUBMITTAL SEE SECTIONS ITB 6.5 SUBCONTRACTORS LIST Instructions To Bidders: The Bidder shall enter the names and the type of work to be done in the Subcontractors List which follows for each Subcontractor that the Bidder proposes to use for the Work who will be providing work for an agreed price of five percent (5%) or greater of the amount Bid as stated above in Part 2. Only one Subcontractor shall be listed for each work item. Upon award of a contract, the named Subcontractors shall be employed to perform the work, unless changes are specifically authorized by the OWNER. Failure to furnish all information requested may render the Bid non-responsive if it is determined that such omission is material by affording the Bidder a substantial advantage over other Bidders. Except as otherwise specifically stated by the Bidder in this Part, omission of any names of Subcontractors herein shall constitute an affirmative representation and statement that the Bidder proposes to use his own work forces for most of the Work such that he will have no Subcontractors providing work in the amount of five percent (5%) or greater of the amount Bid. Subcontractor Name Work Price (use additional sheets if necessary) BB-1 BID BOND City of Carmel Instructions To Bidders Bidders may use this form or other form containing the same material conditions and provisions as approved in advance by OWNER/Obligee. Bidder/Surety must attach a signed, certified and effective dated copy of the Power of Attorney or Attorney-In-Fact establishing the authority of the person(s) signing this Bid Bond on behalf of the Surety. Surety company executing this bond shall appear on the most current list of “Surety Companies Acceptable on Federal Bonds,” as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS, that the undersigned “Bidder”: and “Surety”: [Name] [Address] , a corporation chartered and existing under the laws of the State of ______________________________, and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana (“Obligee”) in the full and just sum equal to ten percent (10%) of the price stated in the Bid Proposal described in Part 2, including accepted alternates, if any, to be paid upon demand of the Obligee, together with interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, to which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally and firmly by these presents. Ten percent (10%) of the price stated in the Bid Proposal is $_________________. WHEREAS, the Obligee has solicited Bids for certain Work for or in furtherance of construction of public improvements described generally as Illinois Street Extension Carmel Project No. 11-09 Construction of Illinois Street beginning at 800 feet north of 106th Street and continuing north to 116th Street including a roundabout at 111th Street. Project also includes the reconstruction of the roundabout at the intersection of Spring Mill Road & 116th Street. pursuant to plans, specifications and other “Contract Documents” included as parts of and designated by such solicitation; and BB-2 WHEREAS, the Bidder has submitted to the Obligee a Bid Proposal to perform such Work. NOW THEREFORE: The conditions of this obligation are such that if the Bid Proposal be accepted, with or without conditions, the Bidder shall within such time thereafter as prescribed by the Contract Documents (i) fulfill all conditions of such award that remain to be fulfilled, (ii) execute a Contract in accordance with the Bid Proposal and in the form and manner required by the Contract Documents, and (iii) thereafter provide all bonds, and other Documentation required by the Contract Documents to be delivered to Obligee prior to commencing Work, including without limitation a sufficient and satisfactory Performance Bond and Payment Bond payable to Obligee, each in an amount of one hundred percent (100%) of the total Contract price as awarded and in form and with surety satisfactory to said Obligee, then this obligation to be void; otherwise to be and remain in full force and virtue in law, and the Surety shall, upon failure of the Bidder to comply with any or all of the foregoing requirements within the time specified above and as prescribed by the Contract Documents, immediately pay to the Obligee, upon demand, the amount hereof, in good and lawful money of the United States of America, not as a penalty, but as liquidated damages. IN TESTIMONY THEREOF, the Bidder and Surety have caused this instrument to be duly signed and sealed this day of , 20 . This Bid Bond shall bind the undersigned Surety whether or not also signed by the Bidder. “Bidder” “Surety” By: By: Printed: Printed: Countersigned: MB-1 MAINTENANCE BOND City of Carmel Instructions: Successful Bidder must use this form or other form containing the same material conditions and provisions as approved in advance by OWNER. Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute bond. Surety company executing this bond shall appear on the most current list of “Surety Companies Acceptable on Federal Bonds,” as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS: that “CONTRACTOR”: ____________________________________________________________________ and “Surety”: [Name] [Address] a corporation chartered and existing under the laws of the State of ______________________________, and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum of ____________________________________ Dollars, ($______________) in lawful money of the United States, for the payment of which sum well and truly to be made, together with interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the ______ day of _____________________, 20 ____, by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as Illinois Street Extension Carmel Project No. 11-09 Construction of Illinois Street beginning at 800 feet north of 106th Street and continuing north to 116th Street including a roundabout at 111th Street. Project also includes the reconstruction of the roundabout at the intersection of Spring Mill Road & 116th Street. which Agreement, and the “Contract Documents” as referred to therein, are hereby incorporated herein by reference; MB-2 WHEREAS, CONTRACTOR has installed and completed and met all improvements, installations and requirements applicable to the above described Work, but said improvements and installations have not yet been accepted for public maintenance; and WHEREAS, the OWNER requires a guarantee from the CONTRACTOR against defective materials and workmanship in connection with such maintenance. NOW, THEREFORE, CONTRACTOR warrants the workmanship and all materials used in the construction, installation and completion of said Work, including all improvements and installations thereof, to be of good quality and constructed and completed in a workmanlike manner in accordance with the Agreement and Contract Documents and all local, state and federal laws, ordinances, rules, standards and regulations applicable to said Work; FURTHERMORE, the conditions of the Surety’s obligation hereunder are such that if CONTRACTOR at his own expense, for a period of three (3) years after said Work, improvements and installations are accepted for public maintenance by the OWNER, shall make all repairs or replacements thereto which may become necessary by reason of improper or defective workmanship or materials, or any failure thereof to conform to the provisions of the Agreement or Contract Documents, then Surety’s obligation is to be null and void; otherwise such obligation shall remain in full force and effect. Any repairs or replacements made under this bond shall in like manner be subject to the terms and conditions hereof. CONTRACTOR and Surety covenant that all action required by law to be taken by them to authorize the execution and delivery of this bond have been previously taken, that the officers whose signatures appear below have been fully empowered to execute and deliver this instrument and that once executed and delivered, it shall represent the lawful and binding obligation of the parties. IN WITNESS WHEREOF, this instrument is executed in ______ (number) counterparts, each one of which shall be deemed an original, this the _____ day of ________________, 20_____. CONTRACTOR: [name] By: [signature] [printed name] ATTEST: , [signature] Secretary SURETY: [name] , [signature] Attorney-in-fact , [printed name] [address] PMB-1 PAYMENT BOND City of Carmel Instructions: Successful Bidder must use this form or other form containing the same material conditions and provisions as approved in advance by OWNER. Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute bond. Surety company executing this bond shall appear on the most current list of “Surety Companies Acceptable on Federal Bonds,” as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS: that “CONTRACTOR”: ____________________________________________________________________ and “Surety”: [Name] [Address] a corporation chartered and existing under the laws of the State of ______________________________, and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum of ____________________________________ Dollars, ($______________) in lawful money of the United States, for the payment of which sum well and truly to be made, plus interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the ______ day of _____________________, 20 ____, by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as Illinois Street Extension Carmel Project No. 11-09 Construction of Illinois Street beginning at 800 feet north of 106th Street and continuing north to 116th Street including a roundabout at 111th Street. Project also includes the reconstruction of the roundabout at the intersection of Spring Mill Road & 116th Street. which Agreement, and the “Contract Documents” as referred to therein, are hereby incorporated herein by reference; PMB-2 NOW, THEREFORE, the conditions of this obligation are such that if the CONTRACTOR shall promptly make payments of all amounts due to all Claimants, then this obligation shall be void; otherwise to remain in full force and effect. “Claimant” shall mean any Subcontractor, material supplier or other person, firm, or corporation furnishing materials or equipment for or performing labor or services in the prosecution of the Work provided for in such Agreement, including lubricants, oil, gasoline, coal and coke, repairs on machinery, and tools, whether consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees: 1. that no defect or irregularity in the contract or in the proceedings preliminary to the letting of the Agreement will operate to release or discharge Surety; 2. that no change, omission, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to any Work to be furnished thereunder, and no delay by the OWNER in enforcement of the Agreement or this bond shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to the Work; 3. that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of the OWNER hereunder as to any claim that may remain unsatisfied; and 4. that this Payment Bond and Surety shall not be released until one (1) year after the OWNER’s final settlement with the CONTRACTOR. IN WITNESS WHEREOF, this instrument is executed in ______ (number) counterparts, each one of which shall be deemed an original, this the _____ day of ________________, 20_____. CONTRACTOR: [name] By: [signature] [printed name] ATTEST: , [signature] Secretary SURETY: [name] , [signature] Attorney-in-fact , [printed name] [address] PFB-1 PERFORMANCE BOND City of Carmel Instructions: Successful Bidder must use this form or other form containing the same material conditions and provisions as approved in advance by OWNER. Date of Bond must not be prior to date of Contract. If CONTRACTOR is a Partnership, all partners should execute bond. Surety company executing this bond shall appear on the most current list of “Surety Companies Acceptable on Federal Bonds,” as specified in the U.S. Treasury Department Circular 570, as amended, and be authorized to transact business in the State of Indiana. KNOW ALL MEN BY THESE PRESENTS: that “CONTRACTOR”: ____________________________________________________________________ and “Surety”: [Name] [Address] a corporation chartered and existing under the laws of the State of ______________________________, and authorized to do business in the State of Indiana, are held and firmly bound unto the City of Carmel, Indiana hereinafter called OWNER, in the penal sum of ____________________________________ Dollars, ($______________) in lawful money of the United States, for the payment of which sum well and truly to be made, together with interest at the maximum legal rate from date of demand and any attorney fees and court costs incurred by Obligee to enforce this instrument, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the CONTRACTOR has entered into a certain Agreement with the OWNER, dated as of the ______ day of _____________________, 20 ____, by which CONTRACTOR has agreed to perform and furnish certain Work for or in furtherance of construction of public improvements described generally as Illinois Street Extension Carmel Project No. 11-09 Construction of Illinois Street beginning at 800 feet north of 106th Street and continuing north to 116th Street including a roundabout at 111th Street. Project also includes the reconstruction of the roundabout at the intersection of Spring Mill Road & 116th Street. which Agreement, and the “Contract Documents” as referred to therein, are hereby incorporated herein by reference; PFB-2 NOW, THEREFORE, the conditions of this obligation are such that if the CONTRACTOR shall well, truly and faithfully perform his duties, all the undertakings, covenants, terms and conditions of said Agreement whether during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during any period of guaranty or warranty provided therein or arising thereunder, and if CONTRACTOR shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which he may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees: 1. that no defect or irregularity in the Contract or in the proceedings preliminary to the letting of the Contract will operate to release or discharge Surety; 2. that no change, omission, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to any Work to be furnished thereunder, and no delay by the OWNER in enforcement of the Agreement or this bond shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, Contract Documents or to the Work; 3. that no final settlement between the OWNER and the CONTRACTOR shall abridge any right of the OWNER hereunder as to any claim that may remain unsatisfied; and that this Performance Bond and Surety shall not be released until one (1) year after the OWNER’s final settlement with the CONTRACTOR. IN WITNESS WHEREOF, this instrument is executed in ______ (number) counterparts, each one of which shall be deemed an original, this the _____ day of ________________, 20_____. CONTRACTOR: [name] By: [signature] [printed name] ATTEST: , [signature] Secretary SURETY: [name] , [signature] Attorney-in-fact , [printed name] [address] A-1 AGREEMENT City of Carmel, Indiana THIS AGREEMENT is made and entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety (“OWNER”) and (“CONTRACTOR”), concerning the project (“Illinois Street Extension”) described more particularly in Appendix A which is attached hereto and incorporated herein by reference. RECITALS: A. The OWNER has heretofore caused to be prepared certain plans, specifications and other documents (collectively, the “Contract Documents”) as hereinafter listed pertaining to the Project, and the CONTRACTOR has filed a bid proposal (“Proposal”) to furnish labor, tools, material, equipment and/or services, and to perform the work (“Work”) called for in the Contract Documents pertaining to the Project, upon the terms and for the price(s) therein fully stated and set forth; and B. The said Contract Documents accurately and fully describe the terms and conditions upon which the CONTRACTOR is willing to furnish the labor, tools, material, equipment, services, and perform the Work called for by the Contract Documents and in the manner and time and for the price(s) set forth therein. THE OWNER AND CONTRACTOR AGREE AS FOLLOWS: 1.0 Contract Documents 1.1 This Agreement consists of the following Contract Documents all of which are as fully a part of this Agreement as if set out verbatim herein or attached hereto and the same do in all particulars become the Agreement between the parties hereto in all matters and things set forth herein and described: a. This Agreement, including any attachments hereto; b. All Addenda issued prior to receipt of bid proposals, whether or not receipt thereof has been acknowledged by CONTRACTOR in its Proposal; c. The Specifications; d. The Additional Requirements; e. Notice to Bidders; f. Instructions to Bidders; g. Plans and Drawings; h. Performance, Payment and Maintenance Bonds; i. CONTRACTOR’S Itemized Proposal and Declarations; and j. All other documents defined as Contract Documents in any of the above listed documents. A-2 1.2 In resolving conflicts, errors, discrepancies and disputes concerning the nature, character, scope and/or extent of Work to be performed or furnished by the CONTRACTOR hereunder, or other rights and obligations of the OWNER and/or CONTRACTOR, the provision of a Contract Document expressing the greater quantity, quality or scope of the Work, or imposing a greater obligation upon the CONTRACTOR, or affording a greater right or remedy to OWNER, shall govern, without regard to the party who drafted such provision; otherwise, the Documents shall be given precedence in the order as listed in paragraph 1.1 herein above. 2.0 Contract Price 2.1 The CONTRACTOR shall, in strict conformity with the Contract Documents, furnish all necessary labor, tools, materials, equipment, services, assume and fulfill all obligations, and perform all Work required to construct, complete, and make ready for use by the OWNER at the Unit Prices as quoted in the Proposal for a total contract price not to exceed $ Base Bid, subject to any additions or deletions based on actual approved quantities of the respective unit price items, which price the CONTRACTOR agrees to accept as full payment for all such Work actually performed and accepted as described in the “Contract Items and Unit Prices specification” and other Contract Documents (the “Contract Price”). The CONTRACTOR agrees that each unit price shall be deemed full and complete compensation for all direct and indirect costs for the each respective item of Work, including, without limitation, all materials, labor, supervision, equipment, transportation, warranties, repairs, replacement, overhead, and profit for the item, complete and in place. 2.2 The above stated Contract Price will be paid to the CONTRACTOR in the manner and at such times as set forth in the Contract Documents. 3.0 Contract Time 3.1 It is hereby understood and mutually agreed, by and between the CONTRACTOR and OWNER, that the date of commencement and the time for completion of the Work as specified in the Contract Documents are essential conditions of this Agreement. 3.2 The CONTRACTOR agrees that the Work shall be commenced no later than the date indicated in the Notice to Proceed to be provided by OWNER to CONTRACTOR and that the Work shall be performed regularly, diligently and without interruption at such a rate of progress as will insure “Substantial Completion” of the Project, including completion of performance testing and such remedial work as may be required by the OWNER, by the dates specified in the Contract Documents. 3.3 The CONTRACTOR and OWNER acknowledge and agree that the time allotted by this Agreement for the performance and completion of the Work is reasonable and takes into account any and all risks and adverse conditions which may befall the CONTRACTOR hereunder. A-3 4. Effective Date This Agreement shall be deemed effective as of the date and year on which the last of the parties hereto, or their representative, executes same. 5. Miscellaneous Provisions 5.1 OWNER’s Property Any and all documentation (other than original tracings and original calculations) generated by CONTRACTOR pursuant to this Agreement shall be considered OWNER’s exclusive property and shall be disclosed only to OWNER and to no other person without OWNER’s prior express written consent. CONTRACTOR shall keep confidential all working and deliberative material pursuant to IC 5-14-3-4. 5.2 Termination Except as expressly stated to the contrary herein, this Agreement may be suspended and/or terminated upon such terms as are set forth in Article 14 of the City of Carmel, Standard General Conditions for Construction Contracts 2003 (the “General Conditions”), as incorporated herein by this reference. In the event any amount allegedly due hereunder is disputed and such dispute is not resolved to OWNER’s satisfaction within ten (10) business days after notice of such dispute is given to CONTRACTOR, OWNER shall pay such amount as is in dispute, under protest, into the City Court of Carmel, which Court shall hold such money until notified of a resolution signed by both parties hereto or until a final judgment is entered thereon. 5.3 Binding Effect OWNER and CONTRACTOR and their respective officers, officials, partners, successors, executors, administrators, assigns, and legal representatives are bound by this Agreement to the other party hereto and to the officers, officials, partners, successors, executors, administrators, assigns and legal representatives of such other party in all respects as to all covenants, agreements and obligations contained and/or incorporated herein. 5.4 No Third Party Beneficiaries Nothing contained herein shall be construed to give any rights or benefits hereunder to anyone other than OWNER or CONTRACTOR. 5.5 Relationship The relationship of the parties hereto shall be as provided for in this Agreement, and CONTRACTOR, as well as its agents, employees, contractors, subcontractors, outside sources and other persons shall in no fashion be deemed to be an employee of OWNER. Furthermore, CONTRACTOR shall be solely responsible for payment to or for its agents, employees, contractors, subcontractors, outside sources and other persons A-4 all statutory, contractual and other compensation, benefits and obligations due thereto, and OWNER shall not be responsible for same. Rather, the Contract Price to be paid hereunder by OWNER to CONTRACTOR shall, subject to the terms and conditions hereof, be the full and maximum compensation and monies required of OWNER to be paid to CONTRACTOR pursuant to this Agreement. 5.6 Insurance CONTRACTOR shall maintain such bonds and insurance as are set forth in Article 5 of the General Conditions. 5.7 Indemnification CONTRACTOR shall indemnify and hold harmless OWNER, its officers, officials, employees, agents and legal representatives, from all losses, liabilities, claims, judgments and liens, including, but not limited to, all costs, expenses and attorney fees, arising out of any intentional or negligent act or omission of CONTRACTOR and/or any of its agents, employees, contractors, subcontractors, outside sources and/or other persons in the performance of this Agreement. The failure to do so shall constitute a material breach of this Agreement. This indemnification obligation shall survive the termination of this Agreement. 5.8 Setoff In addition to any right of setoff provided by law, all amounts due CONTRACTOR shall be considered net of indebtedness of CONTRACTOR to OWNER, and OWNER may deduct any amounts due or to be come due from CONTRACTOR to OWNER from any sums due or to become due from OWNER to CONTRACTOR hereunder. 5.9 Government Compliance CONTRACTOR agrees to comply with all present and future federal, state and local laws, executive orders, rules, regulations, codes and ordinances which may be applicable to CONTRACTOR’s performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. CONTRACTOR agrees to indemnify and hold harmless OWNER from any loss, damage or liability resulting from any violation of such laws, orders, rules, regulations, codes and/or ordinances. This indemnification obligation shall survive the termination of this Agreement. 5.10 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be stricken and all other provisions of this Agreement that can operate independently of such stricken provision shall continue in full force and effect. A-5 5.11 Notice. Any notice, invoice, order, or other correspondence required or permitted to be sent under or pursuant to this Agreement shall be in writing and either hand-delivered or sent by postage prepaid, US Certified mail, return receipt requested, addressed to the parties at the following address: OWNER: CONTRACTOR: City of Carmel ______________________________ Board of Public Works and Safety ______________________________ One Civic Square ______________________________ Carmel, IN 46032 ______________________________ Attention: Michael McBride, PE, City Engineer (with a copy to City Attorney, Department of Law, same address) Notwithstanding the above, a Notice To Cease All Work issued under or pursuit to Paragraph 5.2 hereinabove may be orally given, as long as such notice is thereafter followed by written notice as provided in this Paragraph 5.11 within five (5) business days of the date of such oral notice. 5.12 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, except for its conflict of laws provisions, as well as with all municipal ordinances and codes of the City of Carmel. The parties further agree that, in the event a lawsuit is filed hereunder, they waive any rights to a jury trial they may have, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. 5.13 Waiver Any delay or partial inaction on the part of OWNER in exercising or pursuing any right and/or remedy provided hereunder or by law shall not operate to waive any such rights or remedies. 5.14 Exhibits All exhibits and/or appendices referenced herein, whether marked “Exhibit”, “Appendix”, or by some other title, shall be considered a part of this Agreement. 5.15 Prior Agreements This Agreement contains all of the agreements of the parties hereto with respect to the subject matter hereof, and supersedes all prior negotiations, representations, and/or contracts, either oral or written, respective thereto. A-6 5.16 Representation and Warranties Each party hereto represents and warrants that it is authorized to enter into this Agreement and that such party, in executing this Agreement, has the authority to bind such party or the party that it represents, as the case may be. 5.17 Headings All headings and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provisions hereof. 5.18 Advice of Counsel The parties warrant that they have read this Agreement and understand it, are fully aware of their respective rights, have had the opportunity for the advice and assistance of an attorney throughout the negotiation of this Agreement, and enter into this Agreement freely, voluntarily and without any duress, undue influence, coercion or promise of benefit, except as expressly set forth herein. 5.19 Entire Agreement This Agreement, together with any attachments hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 5.10 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail, unless the parties hereto, or their successors in interest, expressly and in writing agree otherwise. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. A-7 IN WITNESS WHEREOF, the parties hereto set their hand on the dates below written : OWNER: CITY OF CARMEL, INDIANA by and through its Board of Public Works and Safety CONTRACTOR: BY: James Brainard, Presiding Officer BY: Date: ____________ Printed Name: Mary Ann Burke, Member Title: Date: Date: Lori Watson, Member Date: ATTEST: Diana Cordray, Clerk-Treasurer Date: A-8 APPENDIX A PROJECT: Illinois Street Extension WORK: As described by the Project plans and Contract Documents including, but not limited to: Construction of Illinois Street beginning at 800 feet north of 106th Street and continuing north to 116th Street including a roundabout at 111th Street. Project also includes the reconstruction of the roundabout at the intersection of Spring Mill Road & 116th Street. DESIGN BY: American Structurepoint, Inc. 7260 Shadeland Station Indianapolis, IN 46256-3957 (317) 547-5580 Fax: (317) 543-0270 Copyright © 1966-2007 by American Structurepoint, Inc. OWNER’S REPRESENTATIVE: Michael McBride, PE City Engineer City of Carmel One Civic Square Carmel, IN 46032 AR-1 ADDITIONAL REQUIREMENTS Following are sample forms proposed to be used for the issuance of change orders, field orders, and work directive changes. Questions regarding the procedure for development, submittal, and processing of these forms can be addressed by contacting the City of Carmel Engineering Department. Procedure for the development, submittal, and processing of these forms will be discussed during the pre-construction conference. AR-2 CITY OF CARMEL OWNER: CITY OF CARMEL FIELD ORDER NUMBER DATE: PROJECT NAME: PROJECT NO: You are hereby directed to execute promptly this Field Order, which interprets the Contract Documents or orders minor changes in the Work without change in Contract Price or Contract Time. If you consider that a change in Contract Price or Contract Time is required, please submit your itemized proposal to the ENGINEER immediately and before proceeding with this Work. If your proposal is found to be satisfactory and in proper order, this Field Order will in that event be superseded by a Change Order. __________________________________________________________________ Description: Attachments: __________________________________________________________________ ENGINEER: Approved By: _______________________________________ Owners Representative Date: ___________________________________ AR-3 CITY OF CARMEL TO: WORK DIRECTIVE CHANGE NO.______________ DATE: ______________________________________ PROJECT NAME:_____________________________ PROJECT NO.: _______________________________ Specification Reference Drawing Reference: DESCRIPTION OF WORK COVERED BY THIS DIRECTIVE CHANGE: REASON FOR THIS ORDER: AUTHORIZATION: THIS WORK DIRECTIVE CHANGE AUTHORIZES THE WORK TO BE COMPLETED AS OUTLINED. A Contract Change Order in the amount of $______________ will be issued to you in the near future to cover this Work Directive Change. PROJECT COMPLETION DATE: ADD/DEDUCT/UNCHANGED ___________ DAYS. By:_______________________________ Approved By: Owner’s Representative CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY By:__________________________ James Brainard, Mayor By:__________________________ Mary Ann Burke, Member By:__________________________ Lori Watson, Member DATE:_________________________ ATTEST: ____________________________ Date: ____________________________ Diana L. Cordray, Clerk-Treasurer AR-4 CITY OF CARMEL TO: REQUEST FOR PROPOSAL NO DATE: PROJECT NAME: PROJECT NO.: Specification Reference: Drawing Reference: _____________ Drawing Date: ____________ Identification of Attachments: Please submit within fifteen (15) calendar days of this request date a proposal showing increase, decrease or no change in Contract Price and/or Contract Time. Proposal shall be accompanied by four (4) copies of breakdown showing quantities, cost of material, equipment, labor, overhead, profit and basis for the additional time if any. DESCRIPTION OF PROPOSED CHANGE COVERED BY THIS REQUEST: REASON FOR CHANGE: SPECIAL INSTRUCTIONS: THIS REQUEST DOES NOT AUTHORIZE YOU TO PROCEED WITH THE ABOVE WORK NOR STOP PREVIOUSLY SCHEDULED WORK. Upon approval a Contract Change Order and a Notice To Proceed will be issued. Please state in your proposal the effect the acceptance of this Request will have on the Project’s Substantial Completion and Final Completion, if accepted within ___ days of proposal due date. YOUR PROPOSAL DUE DATE: _____________________________________ By: _____________________________________ _________________ Engineer Date Approved By: _________________________________ Owners Representative AR-5 CITY OF CARMEL TO: CONTRACT CHANGE REQUEST NO.: DATE: PROJECT NAME: FROM: IT IS REQUESTED THAT A CONTRACT CHANGE BE MADE TO THE ABOVE REFERENCED CONTRACT. 1. SCOPE OF WORK (USE ADDITIONAL PAGES IF REQUIRED. ALSO LIST OTHER CONTRACTS INVOLVED.) __________________________________________________________ __________________________________________________________ 2. REASON FOR CHANGE: _____________________________________________________________ _____________________________________________________________ 3. APPROXIMATE COST CHANGE TO CONTRACT PRICE: _____________________ 4. WILL THE CONTRACT NEED ADDITIONAL CONTRACT TIME TO COMPLETE THE CHANGE IN WORK SCOPE? _____ -YES _____ -NO _____ -(CALENDAR DAYS) 5. WILL THE CONTRACTOR NEED ADDITIONAL PERSONNEL TO COMPLETE THE CHANGE IN WORK SCOPE? _____ -YES _____ -NO IF NO, TRADE(S): _____________________________________ NO. OF PERSONNEL: _________________________________ DURATION: ______________________________________ 6. IDENTIFICATION OF ATTACHMENTS: ___________________________________________________________ ___________________________________________________________ DATE: _______________________ DATE: ________________________ PREPARED REVIEWED BY:____________ REVIEWED BY:____________________________ ENGINEER Comments and Recommendation: ____________________________________________________________________ ____________________________________________________________________ AR-6 CITY OF CARMEL TO: CONTRACT CHANGE ORDER NO.: DATE: PROJECT NAME: CITY REQ. NO.: CITY PO NO.: CITY PO DATE: ______ ______________________________________________________________________________ I. You are directed to make the following changes in this Contract: (Brief Description) SCHEDULED ADJUSTMENT ITEM AMOUNT (+) OR (-) DAYS II. The following referenced Documents further describe the changes outlined in Paragraph I, and are to be considered a part of this Change Order: R.F.P.: ________ W.D.C. No.: _______ Other:_____________________________________________________________________ The changes result in the following adjustment of Contract Price and Contract Time: Contract Price prior to this Change Order $_______________________ Contract Price will be increased/decreased by this Change Order $_______________________ New Contract Price including this Change Order $_______________________ Contract Time Prior to this Change Order ______ Days _______ Completion Date Net increased/decreased resulting from this Change Order_____ Days Current Contract Time including this Change Order_____ Days _______ Completion Date This Change Order is for full and final settlement of all direct, indirect, impact costs and time extensions incurred at any time resulting from the performance of the changed work. The Above Changes Are Recommended The Above Changes Are Accepted: Approved: ENGINEER CONTRACTOR James Brainard, Mayor Address Address Mary Ann Burke, Member City/State/Zip City/State/Zip Lori Watson, Member By: _____________________ By: _____________________ ATTEST: Phone:__________________ Phone:__________________ Diana Cordray, Clerk- Treasurer Date:___________________ Date:___________________ Date: _________________ G-1 CITY OF CARMEL STANDARD GENERAL CONDITIONS FOR CONSTRUCTION CONTRACTS 2003 ARTICLE 1 - ABBREVIATIONS AND DEFINITIONS 1.1 Abbreviations: The following abbreviations have the following meanings: AA - Aluminum Association AASHTO - American Association of State Highway & Transportation Officials ACI - American Concrete Institute AFBMA - Anti Friction Bearing Manufacturers Association AGA - American Gas Association AGMA - American Gear Manufacturers Association AHDGA - American Hot Dip Galvanizer Association AISC - American Institute for Steel Construction AISI - American Iron and Steel Institute ANSI - American National Standards Institute ARI - American Refrigeration Institute ASCE - American Society of Civil Engineers ASHRAE - American Society of Heating, Refrigeration & Air Conditioning Engineers ASME - American Society of Mechanical Engineers ASTM - American Society of Testing and Materials AWPI - American Wood Preservers Institute AWS - American Welding Society AWWA - American Water Works Association CBRI - Copper and Brass Research Institute CS - Commercial Standard (U.S. Department of Commerce) FTI - Facing Title Institute Fed. Spec. FS - Federal Specification (U.S.) IEEE - Institute of Electrical and Electronic Engineers IPCEA - Insulated Power Cable Engineers Association MSS - Manufacturers Standardization Society of the Valve and Fitting Industry NCMA - National Concrete Masonry Association NEC - National Electric Code (U.S.) NEMA - National Electrical Manufacturers Association NFPA - National Fire Protection Association NPC - National Plumbing Code PS - United States Product Standards SAE - Society of Automotive Engineers SCPI - Structural Clay Products Institute UL - Underwriters Laboratories 1.2 Definitions: Wherever used and not otherwise defined in these General Conditions or in other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda/Addendum - Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the Bidding documents or the Contract Documents. Agreement -The written Agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein sometimes referred to as “Contract”. G-2 Application for Payment - The form prescribed or approved by OWNER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include an approved schedule of values and/or such other supporting documentation as is required by the Contract Documents. Architect or Architect/ENGINEER - The person or other entity designated as ENGINEER by the Contract Documents. Bid Documents - Documents required to be submitted with the Bid. Bids - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. Bonds - Bid, Performance, Payment and Maintenance Bonds and other instruments of suretyship. The term shall include letters of credit as applicable. Change Order - A document issued on or after the Effective Date of the Agreement, signed by CONTRACTOR and OWNER and which authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time. Contract Documents - The Agreement and any exhibits thereto, Addenda (which pertain to the Contract Documents), Instructions to Bidders, Advertisement, or Notice to Bidders, CONTRACTOR’s Bid (including documentation accompanying the Bid and any post-Bid documentation submitted prior to the Notice of Award), Notice to Proceed, the Bonds, the Standard General Conditions, the Additional Requirements Section, any supplemental conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Amendments, Modifications, and Supplements issued pursuant to Sections 3.4 and 3.5 on or after the Effective Date of the Agreement. Contract Price - The moneys payable by OWNER to CONTRACTOR under the Contract Documents as stated in the Agreement. Contract Time - The number of days (computed as provided in Section 16.2) or the date stated in the Agreement for the completion of the Work. CONTRACTOR - The person, firm or corporation with whom OWNER has entered into the Agreement. Defective - An adjective which when modifying the word Work refers to Work that is (i) unsatisfactory, faulty or deficient, in that it does not strictly conform to the requirements of the Contract Documents, (ii) does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or (iii) has been damaged prior to ENGINEER’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with Sections 13.10 or 13.12). G-3 Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. ENGINEER - The person, firm or corporation named, employed or designated as such by the OWNER to act as such and designated to observe the Work, acting directly or through duly authorized representatives. Field Order - A written order issued by ENGINEER or OWNER which orders minor changes in the Work in accordance with Section 8.5 but which does not involve a change in the Contract Price or the Contract Time. Furnish - Purchase and deliver to the work site. When used in connection with the terms “Work” or services, the term shall also mean perform. Install - Incorporate into the Work equipment and materials furnished by others or the CONTRACTOR. Laws and/or Regulations - Laws, rules, regulations, ordinances, codes, administrative actions and/or orders of any court or governmental agency or unit. Notice of Award - The written notice by OWNER to the apparent successful Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRACTOR’s obligation under the Contract Documents. OWNER - The City of Carmel, Indiana, acting by and through the agency or Department designated in the Agreement or other documents issued in solicitation of Bids; and such term shall also Include the Project Manager or other duly appointed representative of such agency or department but shall not include ENGINEER. Partial Utilization - The placement of a portion of the Work in service, or beneficial occupancy and use thereof, for the purpose for which it is intended (or a related purpose) before Substantial Completion of all the Work. Project - The total construction of one or more improvements or structures of which the Work to be provided under the Contract Documents may be the whole, or a part, as indicated elsewhere in the Contract Documents. Provide - Furnish and install. G-4 Resident Project Representative - The authorized representative of ENGINEER who is assigned to the site or any part thereof. Shop Drawings - All drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR, to illustrate some portion of the Work and all illustrations, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications - Those portions of the Contract Documents consisting of written general or technical descriptions of materials, equipment, construction systems, standards, quality, quantity and workmanship as applied to the Work, including the performance thereof, and certain administrative details applicable thereto. Standard General Conditions - City of Carmel Standard General Conditions for Construction Contracts, 1997. Subcontractor - An individual, firm or corporation having a direct contract with CONT’RACTOR or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion - The stage of construction where, in the opinion of OWNER, the Work (or specified portion thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be occupied, placed into service or otherwise utilized by OWNER for the purpose for which it was intended. Substantial Completion may be evidenced by a certificate thereof issued by the ENGINEER and signed by the OWNER. Supplier - A manufacturer, fabricator, supplier, distributor, material man or vendor who furnishes materials or equipment to the site of the Work pursuant to a contract with the CONTRACTOR or a Subcontractor and who does not perform labor or services for Installation thereof at the site of the Work. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other manmade facilities or structures, and any encasements containing such facilities, which have been installed at or below the surface of the ground for the purpose of furnishing, storing, removing or transmitting electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, computer signals or data, sewage, drainage , traffic or other control systems, or water. Unit Price Work - Work to be paid for on the basis of unit prices established by the Contract Documents or by Change Order. Work - The entire construction, or the various separately identifiable parts thereof, required to be furnished under the Contract Documents. The Work is the result and product of performing services, furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. Work Directive Change - A written directive to CONTRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER, making any change in the Work within the G-5 general scope of the Contract Documents, including but not limited to changes (i) In the Specifications (including drawings and designs), (ii) In the time, method or manner of performance of Work, (iii) in facilities, equipment, materials, services or site, and (iv) directing acceleration in the performance of the Work. A Work Directive Change will not by itself change the Contract Price or the Contract Time, but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order. Written Amendment - A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2 - PRELIMINARY MATTERS 2.1 Delivery of Bonds. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such bonds as CONTRACTOR may be required to furnish in accordance with Article 5. 2.2 Delivery of Insurance. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR also shall deliver to OWNER, with a copy to ENGINEER, certificates of Insurance (and other evidence thereof as requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with Article 5, and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which is required to purchase and maintain in accordance with Article 5. 2.3 Copies of Documents. Unless otherwise specified, OWNER shall furnish to CONTRACTOR five (5) copies of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. 2.4 Commencement of Contract Times Notice to Proceed. Subsequent to or concurrently with the execution of the Agreement, OWNER shall give CONTRACTOR a written Notice to Proceed specifying the date on which CONTRACTOR shall commence the Work. The date designated in the Notice to Proceed shall be the date on which the Contract Time will commence to run. 2.5 Starting the Project. CONTRACTOR shall start to perform the Work on the date designated In the Notice to Proceed, but no Work shall be done at the site prior to the date of the Notice to Proceed. 2.6 Before Starting Construction. Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures, standards, quantities, materials, field measurements, access, and other requirements or conditions affecting the work, CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, discrepancy or other adverse condition or circumstance which CONTRACTOR may discover, and shall obtain a G-6 written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby. CONTRACTOR shall assume all risks and bear all costs associated with any conflicts, errors, ambiguities, discrepancies or conditions which are not discovered due to his failure to conduct such study and comparison, or which are discovered but not reported as required by this Section. 2.7 Initial Schedule and Submissions. Within ten (10) days after the Effective Date of the Agreement CONTRACTOR shall submit to ENGINEER for review: 2.7.1 A proposed progress schedule indicating the starting and completion dates of the various stages of the Work to be performed under this Contract. This schedule shall be in the form of an Arrow Diagram and shall reflect the Contract completion date. ENGINEER will review the proposed progress schedule to determine conformity to the Contract Documents. During the course of performing the Work, CONTRACTOR shall, at least monthly, submit to ENGINEER a revised progress schedule indicating any anticipated change from the original or previously revised progress schedule. The revised schedule shall include provisions for performing Work authorized under approved Change Orders. ENGINEER will review the original and revised progress schedules for general conformity with the Contract Documents and will make recommendations to the OWNER concerning approval thereof; however the review, approval or other action taken by ENGINEER or OWNER in respect of such schedules shall not relieve the CONTRACTOR of it’s obligations to perform the Work within the Contract Time. If CONTRACTOR shall fail to adhere to the approved original or revised progress schedule, except when due to Excusable Delays for which a claim has been submitted by CONTRACTOR and approved by OWNER, he shall promptly adopt such other or additional means and methods of construction and commit such additional manpower, equipment and other resources as necessary to make up for the time lost and to assure completion of the Work in accordance with the Contract Documents. 2.7.2 A preliminary submittal schedule showing proposed dates for submission of required Shop Drawings, samples and product data. Such schedule shall also include such durations as prescribed by ENGINEER to account for anticipated time allotments for review, approval or other action upon submittals by ENGINEER and additional allowances for resubmittals by CONTRACTOR; and 2.7.3 A preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each Item of Work, which will be confirmed in writing by CONTRACTOR at the time of submission. 2.8 Preconstruction Conference. Before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, OWNER, ENGINEER, and others as appropriate will be held to discuss the schedules referred to in Section 2.7, to discuss G-7 procedures for handling Shop Drawings and other submittals and for processing Applications for Payment, and to establish other procedures and understandings bearing upon coordination and performance of the Work. 2.9 Finalizing Schedules. At least ten (10) days before submission of the first Application for Payment, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate, will be held to finalize the schedules submitted in accordance with Section 2.7. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of Work to attain completion within the Contract Time, but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility therefor. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3 - CONTRACT DOCUMENTS 3.1 Integration of Contract Documents. The Contract Documents comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Indiana and without regard to the party by or for whom they were prepared or drafted. 3.2 Intent and Meaning. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance therewith. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. Notations, details or other descriptions that apply to one of a number of situations, materials, processes or work items shall apply to all except as specifically stated otherwise. When words which have a well-known technical or trade meaning are used to describe Work, materials or equipment, such words shall be given that meaning unless a different meaning is reasonably apparent as determined by the ENGINEER. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code or Laws or Regulations in effect at the time of opening of Bids. If said standard specification, manual or code or Laws or Regulations are promulgated, amended, revised or otherwise changed subsequent to the opening of Bids, CONTRACTOR shall notify OWNER who may direct compliance under Section 9.1. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their consultants, agents or employees, or to limit or impair any right or remedy of the OWNER, as set forth in the Contract Documents, nor shall it be effective to assign to the OWNER, ENGINEER or any of their respective consultants, agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility, contrary to the provisions of Section 8.10 or 8.11. G-8 3.3 Duty To Report Discrepancies. If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from ENGINEER. 3.4 Major Modification. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof by (i) a formal Written Amendment, or (ii) a Change Order (pursuant to Section 9.4) or (iii) a Work Directive Change (pursuant to Section 9.1). As indicated in Sections 10.2 and 11.5, the Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5 Minor Deviations. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized by (i) a Field Order (pursuant to Section 8.5), or (ii) an ENGINEER’s approval of a Shop Drawing, Working Drawing, or samples (pursuant to Section 6.22) or an ENGINEER’s written interpretation or clarification (pursuant to Section 8.4). 3.6 Reuse of Documents. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS 4.1 Availability of Lands. OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated to be made available by OWNER for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER furnishing these lands, rights-of-way or easements entitles CONTRACTOR to an extension of the Contract Time, CONTRACTOR may make a claim therefore as provided in Article 11. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2 Subsurface and Physical Conditions (Excluding Underground Facilities). Reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) have been utilized and relied upon by ENGINEER in preparing the Contract Documents. CONTRACTOR may rely upon the general accuracy of the “technical data” contained in such reports and drawings but such reports and drawings are not Contract Documents. Such “technical data” is identified in the specifications. Except G-9 for reliance on such “technical data”, CONTRACTOR may not rely upon and may not make any claim against OWNER, ENGINEER or any of ENGINEER’s Consultants with respect to (i) the completeness of such reports and drawings for CONTRACTOR’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or (ii) other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings. 4.3 Differing Subsurface or Physical Conditions. If CONTRACTOR uncovers, observes or otherwise becomes aware of any subsurface or physical condition (other than Underground Facilities) at or contiguous to the site and believes that such condition either (i) differs materially from that shown or indicated in the Contract Documents, (ii) is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents , or (iii) is of such a nature as to establish that any “technical data” on which CONTRACTOR is entitled to rely as provided in paragraph 4.2 is materially inaccurate; then CONTRACTOR shall, immediately upon becoming aware thereof and before further disturbing or taking other action in respect thereof or performing any Work in connection therewith (except in an emergency as permitted by Section 6.21), notify OWNER and ENGINEER in writing about such condition, which notice shall state the CONTRACTOR’s recommendations or proposals for taking action in connection with the conditions. 4.3.1 CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of a written directive from OWNER or ENGINEER to do so, but to the fullest extent possible CONTRACTOR shall continue to prosecute all other Work not affected by the conditions; 4.3.2 ENGINEER will promptly review the pertinent conditions, determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER’s findings and conclusions; 4.3.3 If OWNER in consultation with the ENGINEER concludes that a change in the Contract Documents or other action is required because of the conditions, a Work Directive Change or other instructions or interpretations may be issued as provided in Article 9 to reflect and document the consequences of the conditions; 4.3.4 In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof, may be allowable, but only to the extent that (i) evidence of such conditions could not with the exercise of reasonable competence and diligence have been discovered or foreseen by CONTRACTOR prior to submission of the CONTRACTOR’s Bid, (ii) the CONTRACTOR, by the terms of the Contract Documents, has not assumed the risk of such conditions, and (iii) CONTRACTOR has explicitly fulfilled the written notice requirements provided by this Section 4.3. The CONTRACTOR G-10 shall in no event be entitled to an increase in the Contract Price in excess of direct costs to perform authorized additional or changed Work to address the conditions, without additional allowances for delays or suspension of Work. If OWNER and CONTRACTOR are unable to agree as to the amount or length of the adjustment to the Contract Price or Time, a claim may be made therefor as provided in Articles 10 and 11. HOWEVER, OWNER AND ENGINEER SHALL NOT BE LIABLE TO CONTRACTOR FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS COSTS, LOSSES OR DAMAGES SUSTAINED BY CONTRACTOR ON OR IN CONNECTION WITH ANY OTHER PROJECT OR ANTICIPATED PROJECT. 4.4 Underground Facilities. 4.4.1 Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data. CONTRACTOR shall have the sole responsibility for reviewing and checking all such information and data, for locating all Underground Facilities, shown or indicated in the Contract Documents, for coordination of the Work with the owners of such Underground Facilities during construction, for the safety and protection thereof as provided in Section 6.20 and for repairing any damage thereto resulting from the Work or CONTRACTOR’s operations, the cost of all of which having been included in the Contract Price. 4.4.2 Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and of which CONTRACTOR could not reasonably have been expected to be aware, CONTRACTOR shall promptly after becoming aware thereof and before further disturbing conditions affected thereby (except in an emergency as permitted by Paragraph 6.21), notify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility, and the Contract Documents will be amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, provided such delay affects the critical path, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and of which CONTRACTOR could not reasonably have been expected to be aware. If the parties are unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefore as provided in Articles 10 and 11. However, OWNER and ENGINEER shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or G-11 anticipated project or for any claims, costs, losses or damages caused by or arising from any assessment, penalty or other liability imposed upon CONTRACTOR by utility companies or third parties. 4.5 Reference Points and Layout. OWNER or other parties will provide engineering surveys for construction to establish reference points for construction as determined by ENGINEER to be necessary to enable CONTRACTOR to proceed with the Work unless otherwise specified. CONTRACTOR shall be responsible for laying out the Work, shall locate all mechanical and electrical services uncovered by excavation, shall establish all grades, lines, levels and bench-marks, and shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER when any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. CONTRACTOR shall maintain a bound surveyor’s field notebook to accurately record all discrepancies, if any, discovered in OWNER’s data. The field notebook shall be furnished to and become the property of OWNER upon completion of the Work. 4.6 Lines and Grades 4.6.1 All work under this Contract shall be constructed in accordance with the lines and grades shown on the Plans, or as given by ENGINEER. The full responsibility for keeping alignment and grade shall rest upon CONTRACTOR. CONTRACTOR shall establish base line controlling points. Reference marks for lines and grades shall be set by CONTRACTOR as the Work progresses and will be located to cause as little inconvenience to the prosecution of the Work as possible. CONTRACTOR shall place excavation and other materials so as to cause no inconvenience in the use of the reference marks provided. CONTRACTOR shall remove any obstructions placed by CONTRACTOR contrary to this provision at no cost to OWNER. 4.6.2 CONTRACTOR shall furnish and maintain, at his own expense, stakes and other such materials, and give such assistance, including qualified helpers, as may be required by ENGINEER for setting and checking line and grade reference marks. CONTRACTOR shall check such reference marks by such means as he may deem necessary and, before using the reference marks, shall call ENGINEER’s attention to any inaccuracies. CONTRACTOR shall, at his own expense, establish all working or construction lines and grades as required from the reference marks set by ENGINEER, and shall be solely responsible for the accuracy thereof. CONTRACTOR shall, however, be subject to the check and review of ENGINEER. CONTRACTOR shall keep ENGINEER informed a reasonable time in advance as to his need for line and grade reference marks, in order that they may be furnished and all necessary measurements made for record and payment with the minimum of inconvenience to ENGINEER or of delay to CONTRACTOR. When necessary, working operations shall be suspended for such reasonable time as ENGINEER may require for this purpose. G-12 4.6.3 CONTRACTOR shall safeguard all points, stakes, grade marks, monuments and beach-marks made or established on the Work, bear the cost of reestablishing them if disturbed, and bear the entire expense of rectifying work improperly installed due to not maintaining or protecting or to removing without authorization such established points, stakes and marks. CONTRACTOR shall safeguard all existing and known property corners, monuments and marks adjacent to but not related to the Work and, if required, shall bear the cost of reestablishing them if disturbed or destroyed. 4.6.4 All elevations indicated or specified refer to the Mean Sea Level Datum Plane, 1929 General Adjustment, of the United States Coast and Geodetic Survey and are expressed in feet and decimal parts thereof, or in feet and inches. 4.7 Hazardous Materials 4.7.1 For the purpose of this section, “Hazardous Material” means any hazardous, special, radioactive or toxic substance, material or waste which is or becomes regulated by any local government authority, the State of Indiana or the United States Government. The term “hazardous material” includes, without limitation, any material or substance which is (i) defined as a “hazardous substance” under I.C. 13-7-8.7-1 of the Indiana Hazardous Substance Response Trust Fund Act, (ii) petroleum, (iii) asbestos, (iv) designated as a hazardous substance pursuant to the Federal Water Pollution Control Act (33 U.S.C. § 1251 et. Seq.), (v) defined as a “hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), (vi) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. § 9601 et seq., (vii) defined as a “regulated substance” pursuant to the Solid Waste Disposal Act (42 U.S.C. § 6991 et seq.), (viii) defined as a toxic “chemical substance” pursuant to the Toxic Substance Control Act (7 U.S.C. § 136 et seq.), (ix) defined as a “hazardous chemical” or “hazardous substance” pursuant to the Emergency Planning and Community Right to Know Act (42 U.S.C. § 11001 et seq.) or (x) defined as a “radioactive waste” pursuant to the Atomic Energy Act (42 U.S.C. § 2011 et seq.) 4.7.2 OWNER shall be responsible for the existence of any Hazardous Materials uncovered or revealed at the site that were not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Supplier or anyone else for whom CONTRACTOR is responsible. 4.7.3 CONTRACTOR shall be the party responsible for reporting to the appropriate agencies and authorities any release or discharge of any Hazardous Materials. 4.7.4 Upon encountering any Hazardous Materials CONTRACTOR shall immediately (i) stop all Work in connection with such Hazardous Materials and in any area affected thereby (except in an emergency as required by Section 6.21), (ii) notify G-13 the appropriate agencies or authorities, (iii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing), (iv) establish site security by excluding unnecessary traffic and personnel from the affected area, (v) conduct operations within the affected area to minimize exposure to personnel and the general public and to eliminate the potential for airborne dispersion, and (vi) as necessary to carry out the requirements of this section, handle, store and/or dispose of Hazardous Materials in a proper manner. 4.7.5 CONTRACTOR shall remain responsible for the jobsite until OWNER has been notified of the uncovering or revealing of Hazardous Materials and OWNER has assumed formal control of the worksite from CONTRACTOR. 4.7.6 After completing the above obligations, CONTRACTOR shall be required to resume Work in connection with such Hazardous Materials, if directed by OWNER, after OWNER has obtained any required permits related thereto and established any special terms or conditions under which said Work shall be performed. 4.7.7 CONTRACTOR claims qualifying under this section are intended to be treated as differing site condition claims and therefore the provisions of Sections 4.2 and 4.3 apply. ARTICLE 5 - BONDS AND INSURANCE 5.1 Performance and Payment Bonds. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to one-hundred percent (100%) of the Contract Price as security for the faithful performance and payment of all CONTRACTOR’s obligations under the Contract Documents. These Bonds shall remain in effect at least until one (1) year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. All Bonds shall be in the forms prescribed by Law, Regulation, and the Contract Documents and be executed by such Sureties as (i) are licensed to conduct business in the State of Indiana, and (ii) are named in the current list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Audit Staff Bureau of Government Financial Operations, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the power of attorney or other instrument establishing the agent’s authority. 5.2 Maintenance Bond. CONTRACTOR shall, as a condition to OWNER’s obligation to make final payment, supply a three (3) year Maintenance Bond executed by a surety meeting the qualifications set forth in the preceding Section and in such form as prescribed by the Contract Documents, which bond shall secure the obligations contained in Section 12.7, beginning on the date of Final Acceptance in an amount equal to ten percent (10%) of the contract amount as adjusted for Change Orders or such different percentage as may be specified by other Contract Documents. G-14 5.3 Substitute Bonds. If the Surety on any Bond furnished by CONTRACTOR becomes a party to a supervision, liquidation, rehabilitation or other similar action, or if its right or lawful authority to do business in the State of Indiana is terminated, CONTRACTOR shall, within ten (10) days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. Failure of CONTRACTOR to obtain a substitute Bond shall constitute a material breach of Contract and may at the option of OWNER result in the termination of the Contract upon the ground of CONTRACTOR’s default. 5.4 CONTRACTOR’s Liability Insurance. CONTRACTOR shall purchase and maintain such commercial general liability and other insurance as is appropriate for the Work being performed and furnished and as will protect CONTRACTOR, OWNER and ENGINEER, their employees, officers, or agents from (i) claims under workers’ or workmen’s compensation, disability benefits and other similar employee benefit acts; (ii) claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR’s employees; (iii) claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR’s employees; (iv) claims for damages insured by personal injury liability coverage which are sustained by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or by any other person for any other reason; (v) claims for damages, other than to the Work itself, because of physical injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; (vi) claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and (vii) claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle which may arise out of or result from CONTRACTOR’s other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable. 5.4.1 The insurance required by this Section shall be written for not less than the limits of liability and coverages as provided herein or as required by Law, whichever is greater. The Commercial General Liability Insurance shall include coverage of (i) premises and operations, (ii) Contractual liability as applicable to any indemnification hold harmless agreements in the Contract Documents, (iii) Products and Completed Operations, with completed operations coverage being maintained for a period of one (1) year after final payment and CONTRACTOR shall continue to provide evidence of such coverage to OWNER during the aforementioned period, (iv) Broadform Property Damage - including completed operations, (v) Fellow Employee claims under Personal Injury; and (vi) Independent contractors. Such insurance shall specifically include coverage for property damage from explosion, collapse, and underground operations. Coverage for explosion, collapse, and underground operations shall include blasting or explosion, collapse of structures or structural injury due to grading of land, excavation, filling, back filling, tunneling, pile driving, caisson work, moving, shoring, underpinning, raising of or demolition of any structure, or removal or rebuilding of any structural support of a building or structure. Such G-15 insurance shall further include coverage for damage to wires, conduits, pipes, mains, sewers, or other similar apparatus encountered below the surface of the ground when such damage is caused by any occurrence arising out of the performance of the Work, performed by CONTRACTOR or by any Subcontractor or anyone directly or indirectly employed by either. 5.4.2 The CONTRACTOR’s insurance shall be written for not less than the following limits of liability: Workers Compensation & Disability: Statutory Limits Employer’s Liability: $1,000,000 (i) Bodily Injury by Accident: $100,000 each accident (ii) Bodily Injury by Disease: $500,000 policy limit (iii) Bodily Injury by Disease: $100,000 each employee Commercial General Liability (Occurrence Basis) Bodily injury, personal injury, property damage, contractual liability, products completed operations. NOTE: GENERAL AGGREGATE TO APPLY PER LOCATION/PROJECT (i) General Aggregate Limit (other than Products/Completed Operations): $2,000,000 (ii) Products/Completed Operations: $2,000,000 (iii) Personal & Advertising Injury Limit: $1,000,000 Each Occurrence Limit: $1,000,000 Fire Damage (any one fire): $ 50,000 Medical Expense Limit (any one person): $5,000 G-16 Comprehensive Auto Liability (single limit) (owned, hired and non-owned) Bodily injury and property damage $l,000,000 each accident Umbrella Excess Liability $5,000,000 each occurrence and aggregate The Deductible on the Umbrella Liability shall not be more than $10,000. 5.4.3 CONTRACTOR shall be responsible for paying all deductible amounts. 5.4.4 Before commencing work, CONTRACTOR shall submit a “Certificate of Insurance” indicating the above necessary coverages as well as naming OWNER, its employees and representatives and ENGINEER as “Additional Insureds” on all policies except Workers’ Compensation to OWNER for review and approval. Such insurance shall be carried with financially responsible insurance companies authorized to do business in the State of Indiana, have a general policyholders rating of A+, A, or A-, in the latest edition of Alfred M. Bests Insurance Reports and be satisfactory in form and coverage to OWNER and ENGINEER. Such coverages shall be kept in force until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing Defective work in accordance with Section 12.7. CONTRACTOR’s insurer(s) shall provide by Certified Mail OWNER and ENGINEER with sixty (60) days prior written notice in the event of cancellation, non-renewal or material change in the policies. If required by OWNER, CONTRACTOR shall also provide copies of all underlying insurance policies for certificates required above. 5.4.5 The Commercial General Liability insurance required by this Section shall include contractual liability insurance applicable to CONTRACTORs indemnity and hold harmless obligations under Sections 6.12, 6.16, 6.24, and 7.3. 5.5 OWNER’s Protective Insurance. CONTRACTOR shall procure and maintain OWNER’s Protective Insurance as will, in OWNER’s opinion, protect OWNER from any contingent liability to others or damages because of bodily injury, including death and property damage, which may arise from operations under this Contract. Said insurance shall be procured from the same insurance company as is providing insurance for CONTRACTOR’s Commercial General Liability insurance. The limits of the insurance to be procured shall be $5,000,000 per occurrence and $5,000,000 aggregate. CONTRACTOR shall furnish OWNER the original policy. 5.6 Property Insurance. CONTRACTOR shall purchase and maintain a combination Installation/Builder’s Risk Insurance to the full insurable value to the initial contract cost and any subsequent modifications thereto on an all risks policy form against the perils of fire and extended coverage, theft, vandalism, malicious mischief, collapse, false work, testing, temporary buildings and debris removal including demolition work occasioned by G-17 enforcement of any applicable legal requirements and shall cover reasonable OWNER and ENGINEER services and expenses required as a result of such insured loss on a replacement cost basis without any deduction for depreciation or voluntary deductibles. This property insurance shall cover work stored off site as well as any work in transit. CONTRACTOR shall be responsible for the satisfaction of any deductible level it selects. OWNER is given the privilege to occupy and use the facilities as completed pending acceptance by the OWNER of the entire Project. The insurance specified by this Section shall include as named insureds CONTRACTOR and his subcontractors and all other parties named as insureds, as their interest may appear. This insurance is not intended to cover the tools, equipment and other such property of CONTRACTOR or his Subcontractors in performing the Work which is normally covered by such person’s own property insurance which are not incorporated in the Project. The risk of loss as to all such property shall be borne by those parties, and they shall carry such insurance on such property as they shall determine. 5.7 Waiver of Subrogation. (Intentionally Omitted) 5.8 Acceptance of Insurance. If OWNER has any objection to the coverage afforded by or other provisions of the Insurance required to be purchased and maintained by CONTRACTOR in accordance with this Article, on the basis of its not complying with the Contract Documents, OWNER will notify CONTRACTOR in writing thereof within ten (10) days of the date of delivery of such certificates to OWNER in accordance with Section 2.7. CONTRACTOR shall provide to OWNER such additional information in respect to insurance provided by CONTRACTOR as OWNER may reasonably request. Failure by OWNER to give any such notice of objection within the time provided shall constitute acceptance of such insurance purchased by CONTRACTOR as complying with the Contract Documents. With the prior approval of OWNER, CONTRACTOR may substitute different types or amounts of coverage for those specified as long as the total amount of required protection is not reduced. 5.9 Partial Utilization Property Insurance. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with Section 13.12; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or lapse on account of any such partial use or occupancy. 5.10 No Limit To Liability. Nothing in this Article shall operate or be construed as limiting the amount of liability of CONTRACTOR to the above enumerated amounts. ARTICLE 6 - CONTRACTORS RESPONSIBILITIES 6.1 Supervision. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with Contract Documents. G-18 CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence or procedure of construction which is required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies strictly with the Contract Documents. 6.2 Resident Superintendent. CONTRACTOR shall keep on the work site at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR’s representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to or issued by the superintendent shall be as binding as if given to or issued by CONTRACTOR. 6.3 Personnel and Work Hours. CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday or any legal holiday without OWNER’s written consent given after prior written notice to ENGINEER. 6.4 Full Responsibility. Unless otherwise specified in the Contract Documents, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and sanitary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start-up and completion of the Work. 6.5 General Standards of Quality. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Contract Documents shall expressly run to the benefit of OWNER. If required by ENGINEER or OWNER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, supplier or distributor, except as otherwise provided in the Contract Documents; but no provisions of any such instructions will be effective to assign to OWNER, ENGINEER, or any of ENGINEER’s consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Sections 8.10 or 8.11. 6.6 Adjusting Progress Schedule. To the extent indicated in Section 2.9, CONTRACTOR shall submit to ENGINEER adjustments in the progress schedule to reflect the impact G-19 thereon of new developments. These will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Conditions applicable thereto. 6.7 Substitute or “Or Equal” Items. Whenever, in the Contract Documents, an article, material, apparatus, equipment, or process is called for by trade name or by the name of a patentee, manufacturer, or dealer or by reference to catalogs of a manufacturer or dealer, It shall be understood as intending to mean and specify the article, material, apparatus, equipment, or process designated, or any approved equal thereto in quality, finish, design, efficiency and durability and equally serviceable for the purposes for which it is intended. Whenever material or equipment is submitted by CONTRACTOR for approval as being equal to that specified, the submittal shall include sufficient information and data to demonstrate that the material or equipment conforms to all Contract requirements. The decision as to whether or not such material or equipment is equal to that specified shall be made by the OWNER in consultation with ENGINEER. Neither the approval of alternate material or equipment as being equivalent to that specified nor the furnishing of the material or equipment specified, shall in any way relieve CONTRACTOR of responsibility for failure of the material or equipment, due to faulty design, material, or workmanship, to perform the functions required by the Contract Documents. 6.8 Engagement of Subcontractors, Suppliers and Others. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. If the Contract Documents require the identity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the principal items of materials and equipment) to be submitted to OWNER prior to the Effective Date of the Agreement, for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Contract Documents, OWNER’s or ENGINEER’s acceptance or acquiescence as to any such Subcontractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall submit an acceptable substitute, in which case the Contract Price will be adjusted by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGINEER to reject Defective Work or to pursue other rights and remedies in respect thereof. 6.9 Responsibility For Others. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of his Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for CONTRACTOR’s own acts and omissions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any Subcontractor, Supplier or other person or organization, except as to warranties G-20 enforceable by OWNER as against such parties, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organization, except as may otherwise be required by Laws and Regulations. 6.10 Allocation of Work. The sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11 Subcontract Provisions. All Work performed by Subcontractors will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which specifically binds the Subcontractor to these General Conditions and the applicable terms and conditions of all other Contract Documents and contains waiver provisions as required by Section 5.7. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under policies issued pursuant to Article 5. 6.12 Patent Fees and Royalties. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorney fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend, if requested by OWNER or ENGINEER, all such claims in connection with any alleged infringement of such rights. 6.13 Permits. Unless otherwise provided elsewhere in the Contract Documents, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. 6.14 Laws and Regulations. CONTRACTOR shall give all notices and comply with all Laws and Regulations in effect during the furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR’s compliance with G-21 Laws or Regulations. If CONTRACTOR observes that the Specifications or Drawings are at variance with any such Laws or Regulations, CONTRACTOR shall give ENGINEER and OWNER prompt written notice thereof, and if OWNER in consultation with ENGINEER determines any changes to be necessary such changes will be authorized by one of the methods indicated in Section 3.4. It shall not be the CONTRACTOR’s primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, however, this shall not relieve CONTRACTOR of CONTRACTOR’s obligations under this paragraph or under Section 2.6 or Section 3.3. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws and Regulations, and without such notice to ENGINEER and OWNER, CONTRACTOR shall bear the risk of all claims, costs, losses and damages caused by, arising out of or resulting therefrom. 6.15 Taxes. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations applicable to the place where the Project is located. OWNER is required by statute to withhold certain taxes, including Indiana State Gross Income tax, from all payments made to non-resident contractors who are corporations and to remit such tax quarterly to the Indiana Department of Revenue. A foreign corporation which is registered with the Indiana Secretary of State to do business in Indiana shall be exempt from this withholding requirement. Exemption certificates for the Indiana Gross Retail tax (sales tax) for property that becomes property of OWNER and all Federal Excise tax can be furnished by OWNER and therefore such taxes shall not be included in the Contract Price. CONTRACTOR may request exemption certificate forms directly from OWNER. 6.16 Use of Premises. CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents, as determined in the pre- construction meeting, and other land and areas permitted by Laws and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals and court and arbitration costs) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR’s performance of the Work 6.17 Control of Waste. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste G-22 materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equipment, machinery and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18 Loads on Structures. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.19 Record Documents. CONTRACTOR shall maintain in a safe place at the site one record copy of all Specifications, Drawings, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders and written interpretations and clarifications (issued pursuant to Section 8.4) in good order and annotated to show all changes made during construction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, samples and Shop Drawings shall be delivered to ENGINEER for OWNER as a condition to CONTRACTOR’s right to receive final payment. 6.20 Safety and Protection 6.20.1 CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work and shall take all necessary precautions for the safety of, and provide the necessary protection to prevent damage, injury or loss to (i) all employees on the Work and other persons and organizations who may be affected thereby, (ii) all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and (iii) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not designated for removal, relocation or replacement in the course of construction. 6.20.2 CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property, owners of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in Section 6.20.1 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or Supplier, or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for G-23 whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR). CONTRACTOR’s duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with Section 13.11 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.20.3 Pursuant to I.C. 36-1-12-20, all Work which requires the creation of a trench or hole of at least five (5) feet in depth, shall be provided with a trench safety system. Trench safety systems shall meet all of the requirements of IOSHA Regulations 29 C.F.R. 1926, Subpart P or other applicable safety standards and regulations. The cost or compliance with any and all such regulations shall be borne by the CONTRACTOR without any increase in the Contract Price. OWNER shall pay for the trench safety system as a separate pay item if one is provided on unit cost work; or, if a separate pay item is not provided, OWNER shall pay for the safety system as part of the pay item or schedule of values item for the principal Work with which the safety system is associated, as determined by ENGINEER. 6.20.4 CONTRACTOR shall designate a responsible representative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR’s superintendent unless otherwise designated in writing by CONTRACTOR to OWNER. 6.20.5 CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accordance with Laws or Regulations. 6.21 Emergencies. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER and OWNER immediate written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents are caused thereby. If OWNER determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. 6.22 Shop Drawings and Working Drawings. 6.22.1 CONTRACTOR shall promptly prepare and submit layout, detail and shop drawings to insure proper construction, assembly, and installation of the Work using those materials and equipment specified in the Technical Specifications. Such drawings will be known as “Working Drawings”. A schedule of Working Drawings submissions shall be submitted for ENGINEER’s approval on a form G-24 acceptable to ENGINEER within ten (10) days of the effective date after the signing of the Agreement by OWNER 6.22.2 Working Drawings shall be numbered consecutively and shall accurately and distinctly present (i) all working and erection dimensions, (ii) arrangements and sectional views, (iii) necessary details, including complete information for making connections between Work under this Contract and work under other contracts, (iv) electrical wiring connections between all equipment furnished under the Contract, including all internal wiring between internal components of equipment, (v) kinds of materials and finishes, and (vi) parts lists and description thereof. 6.22.3 Drawings for mechanical and electrical equipment shall present, where applicable, such data as dimensions, weight and performance characteristics. This data shall show conformance with the performance characteristics and other criteria incorporated in the Contract Documents. Each drawing or page shall include (i) submittal date and revision dates, (ii) project name, division number and descriptions, (iii) Detailed Specifications section number and page number, (iv) identification of equipment, product or material, (v) name of CONTRACTOR and Subcontractor, (vi) name of Supplier and Manufacturer, (vii) relation to adjacent structure or material, (viii) field dimensions, clearly identified, (ix) ASTM, Federal and other Specification references, (x) space for ENGINEER’s stamps (xi) identification of deviations from the Contract Documents, (xii) CONTRACTOR’s stamp, initialed or signed, dated and certifying to review of submittal, certification of field measurements and compliance with Contract, and (xiii) location at which the equipment or materials are to be installed (both physical location and location relative to other connected or attached material). ENGINEER will return, unchecked, any submittal which does not contain complete data on the Work and full information on related matters. Stock or standard drawings will not be accepted for review unless full identification and supplementary information is shown thereon in ink or typewritten form. 6.22.4 CONTRACTOR shall check and approve all Working Drawings before transmitting them to ENGINEER to determine that they comply with requirements of the Contract Documents. Drawings which are incomplete or are not in compliance with the Contract Documents shall not be submitted for processing by ENGINEER. CONTRACTOR shall place his signature or initials on his stamp of approval on all Working Drawings submitted to ENGINEER to indicate compliance with this requirement. CONTRACTOR’s approval shall constitute a representation that all quantities, dimensions, field construction criteria, materials, catalog numbers, performance criteria and similar data have been verified and that, in his opinion, the submittal fully meets the requirements of the Contract Documents. CONTRACTOR shall schedule, prepare and submit all working drawings in accordance with a time-table that will allow his Suppliers and Manufacturers sufficient time to fabricate, manufacture, inspect, test and deliver their respective products to the project site in a timely manner so as to not delay the complete performance of the Work. The time-table so developed shall be in conformance with the completion dates specified in the Agreement. G-25 6.22.5 If the Working Drawings show departures from the Contract requirements, CONTRACTOR shall make specific mention thereof in his letter of transmittal, otherwise approval of such submittals by ENGINEER shall not constitute approval of the departure. Approval of the drawings shall constitute approval of the subject matter thereof only and not of any structure, material, equipment or apparatus shown or indicated. 6.22.6 The approval of Working Drawings will be general and shall not relieve CONTRACTOR of responsibility for the accuracy of such drawings, nor for the proper fitting and construction of the Work, nor for the furnishing of materials or work required by the Contract and not indicated on the drawings. No Work called for by Working Drawings shall be done until such drawings have been approved by ENGINEER. 6.22.7 The procedure in seeking approval of the Working Drawings shall be as follows: .1 CONTRACTOR shall submit six (6) complete sets of drawings and other descriptive data together with six (6) copies of a letter of transmittal to ENGINEER for approval. The letter of transmittal shall contain the name of the Project, Workmanship and Materials section number, the name of CONTRACTOR, the list of drawings submitted including numbers and titles, requests for any approval of departures from the contract requirements and any other pertinent information. .2 Drawings or descriptive data will be stamped “Approved”, “Approved as Noted”, or “Not Approved” by the ENGINEER, and one (1) copy with a letter of transmittal will be returned to CONTRACTOR. .3 If a drawing or other data is stamped “Approved”, CONTRACTOR shall insert the date of approval on six (6) additional copies of the document and transmit the six (6) copies to ENGINEER together with one copy of a letter of transmittal containing substantially the same information required in Sub- Section .1. .4 If a drawing or other data is stamped “Approved as Noted’, CONTRACTOR shall make the corrections indicated and proceed as in Sub-Section .3. .5 If a drawing or data is stamped “Not Approved”, CONTRACTOR shall make the necessary corrections and resubmit the documents as required in Sub- Section .1. The letter transmitting corrected documents shall indicate that the documents comprise a resubmittal. .6 If any corrections, other than those noted by ENGINEER, are made on a Working Drawing prior to resubmittal, such changes must be pointed out by CONTRACTOR upon resubmittal. .7 CONTRACTOR shall revise and resubmit the Working Drawings as required until approval thereof is obtained. Costs associated with the ENGINEER’s G-26 review of any third and subsequent submittals shall be borne by CONTRACTOR. CONTRACTOR shall be billed for these costs by OWNER or the OWNER may deduct such costs from subsequent payment. 6.23 Continuing the Work. CONTRACTOR shall diligently and uninterruptedly carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by Section 14.5 or as CONTRACTOR and OWNER may otherwise specifically agree in writing. Any work stoppage, delay, suspension or significant reduction in manpower, or removal of equipment from the site, determined by the ENGINEER or OWNER to have occurred by reason of any such unresolved dispute or disagreement shall constitute an event of default thereby subjecting CONTRACTOR to termination of the Contract. 6.24 Allocation of Risk and Indemnification. 6.24.1 To the fullest extent permitted by Laws and Regulations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims, damages, losses, liabilities and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals, court costs and arbitration costs) arising out of or resulting from the performance of the Work or from the installation, existence, use, maintenance, condition, repairs, alteration or removal of any equipment or material, provided that any such claim, damage, loss, liability or expense is caused in whole or in part by a negligent act or omission of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law or Regulation regardless of the negligence of any such party. Such indemnification shall also apply to any warranty work required by the Contract Documents. 6.24.2 In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any Subcontractor or other person or organization under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. 6.24.3 The obligations of CONTRACTOR under this Section shall not extend to the liability of ENGINEER, ENGINEERs’ consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, design or specifications. G-27 6.25 Subcontractor and other Liens. CONTRACTOR agrees and warrants to the OWNER that no claim or lien shall attach to or be filed on the Project by virtue of CONTRACTOR’s default in paying any employee, subcontractor or supplier. Should such claim or lien be filed, payment otherwise due the CONTRACTOR will not be due until CONTRACTOR delivers to OWNER a complete release of such claim or lien, or, at OWNER’s option, a bond satisfactory to OWNER indemnifying OWNER against such claim or lien. 6.26 Installation of Utility Service. CONTRACTOR shall assume all responsibility for proper installation of utility services to meet all rules and regulations of all utility companies or government agencies involved. It is the responsibility of CONTRACTOR to provide a complete service and provide all work necessary to coordinate the Work with the work of the utility companies. 6.27 Damage, Survey and Correction. CONTRACTOR, accompanied by a representative of OWNER and/or ENGINEER, shall make a damage survey of the work site and adjacent properties prior to commencing the Work and before making application for final payment for the Work. CONTRACTOR shall provide OWNER a written inventory of damage observed during each survey. CONTRACTOR shall replace or repair all existing construction and facilities (both surface and subsurface) including, but not limited to, sidewalks, fences, yards, plantings, mechanical services and electrical services which may be damaged in the performance of the Work. All damage shall be corrected and such facilities shall be restored to their original condition. Materials and construction shall be new and equal in quality, design, workmanship and installation to the existing material and construction. 6.28 Damage Notification. CONTRACTOR shall notify ENGINEER immediately upon observing damage to the site regardless of whether or not the damage is the result of CONTRACTOR’s operations. 6.29 Construction Wage Rates. There shall be paid each laborer of the CONTRACTOR or Subcontractor engaged in Work under the Agreement in the classification listed on the construction wage rate scale included in the Contract Documents, not less than the hourly wage rate set opposite the same, regardless of any contractual relationship which may be alleged to exist between the CONTRACTOR or any subcontractors and such laborers. The schedule of common construction wage rates has been determined in compliance with the provisions of applicable Indiana statutes. 6.29.1 The specified wage rates are minimum rates only, and the OWNER will not consider any claims for additional compensation made by the CONTRACTOR because of payment by the CONTRACTOR of any wage rate in excess of the applicable rate contained in this Agreement. All disputes in regard to the payment of wages in excess of those specified in this Agreement shall be adjusted by the CONTRACTOR. 6.29.2 Except as may be otherwise required by law, all claims and disputes pertaining to the classification of labor employed on the project under this Agreement shall be decided by the OWNER’s governing body or other duly designated officials. G-28 6.29.3 The CONTRACTOR shall post, at appropriate conspicuous points at the site of the Project, a schedule showing all determined wage rates for the three (3) classes of laborers to be engaged in work on the Project under the Agreement and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers so engaged. ARTICLE 7 - WORK BY THIRD PARTIES 7.1 Separate Work By Others. OWNER may perform other work related to the Project at the site by OWNER’s own forces, have other work performed by utility owners or their contractors or let other direct contracts which shall contain General Conditions similar to these. If the performance of such work is not reasonably indicated by the Contract Documents or is not reasonably inferable therefrom or otherwise inherent in connection with the Work as described by the Contract Documents as such work relates to the overall Project, written notice thereof will be given to CONTRACTOR prior to starting any such other work; and, if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or requires additional time, and the parties are unable to agree as to the extent thereof, CONTRACTOR may make a claim therefore as provided in Articles 10 and 11. CONTRACTOR shall afford each utility owner or its contractors and any other contractor who is a party to such a direct contract, or OWNER’S employees if OWNER is performing work with its own forces, proper and safe access to the site and reasonable opportunity for the proper, efficient and timely performance of such work and for introduction and storage of materials and equipment, and shall properly connect and coordinate the Work with the work and activities of such other parties. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this Section are for the benefit of and may be directly enforced by such utility owners and other separate contractors to the extent that there are comparable provisions for the benefit of the CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.2 Inspecting Other Work. If any part of CONTRACTOR’s Work depends, for proper execution or results, upon the work of any such other contractor or utility owner or OWNER’s forces, CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results or that hinder or otherwise impact the Work to be performed by CONTRACTOR. CONTRACTOR’s failure to report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR’s Work except for latent or non-apparent defects and deficiencies in the other work. 7.3 Coordination. CONTRACTOR shall schedule the Work such that it shall cause no delay in the work of the other contractors. ENGINEER will monitor the CONTRACTOR’s coordination of its Work with the work of other contractors. Where coordination and G-29 scheduling conflicts arise between the Work and the work of other contractors on the site, ENGINEER will provide input to resolve the conflict, but such input or monitoring by the ENGINEER shall not relieve the CONTRACTOR of its obligations in respect of coordination with other contractors. Except as provided in Section 11.4, CONTRACTOR shall have no claim against OWNER for delays, disruptions or hindrances caused by other contractors who may be operating at the site, including, without limitation, delays resulting from lack of coordination. Should CONTRACTOR cause damage to another contractor or subcontractor employed on the Project, CONTRACTOR agrees to settle with such other contractor or subcontractor by agreement, if the other party will so settle. If such other contractor or subcontractor sues OWNER or ENGINEER on account of damage alleged to have been sustained, OWNER or ENGINEER as applicable, shall notify CONTRACTOR and CONTRACTOR shall bear the cost of defending such proceedings, and if a judgment or award in arbitration against OWNER or ENGINEER arises therefrom, CONTRACTOR shall pay or satisfy said judgment, and pay all cost incurred by OWNER or ENGINEER, including attorney fees. ARTICLE 8 - OWNER’S AND ENGINEER’S STATUS DURING CONSTRUCTION 8.1 OWNER’s Representative. ENGINEER will be OWNER’s representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER’s representative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. 8.2 Visits to Site. ENGINEER will make visits to the site at intervals appropriate to various stages of construction to observe and become cognizant with the progress, quality and quantity of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will also, as he deems necessary, make on-site inspections to check the quality or quantity of the Work. ENGINEER’s efforts will be undertaken solely for the purpose of providing OWNER a greater degree of confidence that all Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design professional, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. 8.3 Project Representation. OWNER may, at its sole option, assign one or more full or part time engineers, inspectors or other representatives to observe the performance of the Work. The duties, responsibilities and limitations of authority of any such representatives will be as provided in the General Conditions or as otherwise stated to CONTRACTOR in writing by the Director or other duly appointed official of the department or agency of the OWNER for whose use and/or benefit the Project is to be constructed. 8.4 Clarifications and Interpretations. ENGINEER may issue written clarifications or interpretations of the requirements of Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. Such G-30 clarifications and interpretations shall become binding upon the CONTRACTOR upon ratification thereof by the OWNER. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Article 10 or Article 11. 8.5 Authorized Variations in Work. OWNER, or ENGINEER following consultation with and approval by the OWNER , may authorize minor variations in the Work Time the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order or other form of written directive and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order or other written directive issued pursuant to this Section justifies an increase in the Contract Price or an extension of the contract time, CONTRACTOR shall make a claim therefore as provided in Article 10 or 11. 8.6 Rejecting Defective Work. OWNER or ENGINEER will have authority to disapprove or reject Work which is believed or determined to be defective, and will also have authority to require special inspection or testing of the Work as provided in Section 12.4, whether or not the Work is fabricated, installed or completed. 8.7 ENGINEER’s Interpretations and Decisions. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder to the extent that such requirements and issues respecting acceptability of the Work involve decisions or interpretations dealing with technical, engineering, design or other subject matters, arising out of the Technical Specifications and within the expertise of the ENGINEER. Written notice of each such claim, dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than twenty (20) days) after occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within thirty (30) days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. In the event of such referral, the ENGINEER will render a formal decision in writing within a reasonable time. The OWNER shall resolve all other disagreements arising from the Technical Specifications or other sections of the Contract Documents and CONTRACTOR shall comply with the time limitations contained herein. 8.8 Non-liability of ENGINEER. Neither ENGINEER’s authority to act under this Article or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith, either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any surety for any of them. 8.9 Purposes of ENGINEER’s Activities. Whenever in the Contract Documents the terms “as ordered”, “as directed”, “as required”, “as allowed”, “as approved” or terms of like G-31 effect or import are used, or the adjectives “reasonable”, “suitable”, “acceptable”, “proper” or “satisfactory” or adjectives of like effect or import are used to describe requirement, direction, review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of this Article. 8.10 Construction Methods. OWNER and ENGINEER shall have no responsibility for CONTRACTOR’s selection or implementation of means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and OWNER and ENGINEER will not be responsible for CONTRACTOR’s failure to perform or furnish the Work or to fulfill other duties in accordance with the Contract Documents. 8.11 Acts or Omissions By Others. OWNER and ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractors, any Supplier, or of any separate contractor or other person or organization furnishing any work, labor, materials or services for or in furtherance of the Project. 8.12 Communications. OWNER may issue all communication to CONTRACTOR through ENGINEER or at its option may communicate with the CONTRACTOR directly, with a copy to the ENGINEER. 8.13 Replacement for ENGINEER. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer whose status under the Contract Documents shall be that of the former ENGINEER; provided, that OWNER may, at its sole option and with notice to CONTRACTOR, elect to exercise all or part of the function and authority of the ENGINEER following such termination, either permanently or on an interim basis. ARTICLE 9 - CHANGES IN THE WORK 9.1 OWNER’s Right To Initiate Changes. Without invalidating the Agreement and without notice to any surety, OWNER may at any time order additions, deletions or revisions in the Work. Such changes will be authorized by a Written Amendment, a Change Order or a Work Directive Change. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable provisions of the Contract Documents except as otherwise specifically provided. 9.2 Inability To Agree on Price or Time Adjustments. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of an OWNER-initiated change, a claim may be made therefore as provided in Article 10 or Article 11. G-32 9.3 Non-Required Work. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents, as amended, modified and supplemented as provided in Sections 3.4 and 3.5, except in the case of an emergency as provided in Section 6.21 and except in the case of uncovering Work as provided in Section 12.4. 9.4 Change Orders and Amendments. OWNER and CONTRACTOR shall execute appropriate Change Orders or Written Amendments covering (i) changes to the Work which are ordered by OWNER pursuant to Section 9.1, are required because of acceptance of Defective Work under Section 12.8 or correcting Defective Work under Section 12.9; (ii) changes in the Contract Price or Contract Time which are agreed to by the parties; and (iii) changes in the Contract Price or Contract Time which embody the substance of any written decision rendered by ENGINEER pursuant to Section 8.7, provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in Section 6.23. ARTICLE 10 - CHANGE OF CONTRACT PRICE 10.1 Items Included in Contract Price. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for performing the Work and assuming all obligations and risks as provided by the Contract Documents. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price. 10.2 Changes in Contract Price. The Contract Price may only be changed by a Change Order or by a Written Agreement. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and ENGINEER promptly, but in no event later than twenty (20) days after the occurrence of the event or the commencement of a series of events giving rise to the claim, which notice shall particularly state the factual basis of the claim and the nature and extent of additional costs or damages to be sustained therefrom. Notice of the specific amount of the claim, with supporting data shall be delivered to the other party and ENGINEER within thirty (30) days after such notice, unless ENGINEER, for good cause shown, allows an additional period of time for claimant to ascertain and present accurate supporting data. A written statement of the amount claimed by claimant shall be conclusively presumed to include all direct, indirect and consequential amounts claimed or to be claimed by claimant as a result of all facts, occurrences and events giving rise thereto. Nothing provided in this Section shall be construed to afford the CONTRACTOR any rights or claims otherwise precluded by any other provisions of these General Conditions or other Contract Documents. The burden of proof for such claim shall be on claimant. 10.3 Value of Affected Work. The value of any Work affected by a Change Order, or any Written Agreement, or of any increase or decrease in the Contract Price in respect of G-33 OWNER-initiated changes or CONTRACTOR claims as provided by this Section shall be determined in one of the following ways: 10.3.1 For Work covered in whole or in part by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the contract items involved, unless otherwise provided in the Contract Documents; 10.3.2 For items or elements of Work not covered by unit prices, by mutual acceptance of a lump sum or unit price; or, if no such agreement is reached, on the basis of the Cost of the Work (determined as provided in Sections 10.4 and 10.5) plus a reasonable allowance for CONTRACTOR’s profit and overhead based on a percentage of the Cost of Work not to exceed ten percent (10%), or such different percentage as may be specified by other Contract Documents. 10.4 Cost of The Work. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper and efficient performance of the particular Work for which costs thereof are to be determined. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project. Such costs shall not include any of the costs itemized in Section 10.5 and may include only the following items: 10.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the affected Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on such Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers’ or workmen’s compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall not include superintendents or other management and supervisory personnel whose costs are included in the Contract Price. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included only if authorized by OWNER in writing. 10.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and field services by suppliers or manufacturers required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER and CONTRACTOR shall make provisions so that they may be obtained. 10.4.3 Payments made by CONTRACTOR to Subcontractors for affected Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CONTRACTOR and G-34 shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of cost of the affected Work Plus a fee, Subcontractor’s cost of such Work shall be determined in the same manner as CONTRACTOR’s Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 10.4.4 Cost of special consultants (including, but not limited to, engineers, architects, testing laboratories, surveyors, attorneys and accountants) employed for services specifically related to the affected Work. 10.4.5 Supplemental costs including the following: .1 The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR’s employees incurred in discharge of duties connected with the affected Work. .2 Costs, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are consumed in the performance of the affected Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. .3 Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the affected Work. When construction equipment is owned by CONTRACTOR, the cost of such equipment shall be in accordance with U.S. Army Corps of Engineers publication titled “Construction Equipment Ownership and Operating Schedule” for Region II. .4 Sales, consumer, sue or similar taxes related to the affected Work, and for which CONTRACTOR is liable, imposed by Laws or Regulations. .5 Deposits lost for causes other than negligence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. .6 Losses, damages, and expenses not compensated by insurance or otherwise, related to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the affected Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with Article 5, provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or G-35 anyone directly or indirectly employed by any of them or for whose acts any of them may be liable). Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR’s Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in Section 10.3. .7 The cost of utilities, fuel and sanitary facilities at the site. .8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. .9 Cost of premiums for additional Bonds and Insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with Article 5. 10.5 Excluded Costs. The term Cost of the Work shall not include (i) expenses of CONTRACTOR’s branch offices other than CONTRACTOR’s office at the site, (ii) any part of CONTRACTOR’s capital expenses, including interest on CONTRACTOR’s capital employed for the Work and charges against CONTRACTOR for delinquent payments (iii) cost of premiums for all Bonds and for all insurance not required by the Contract Documents (except for cost of premiums covered by Subparagraph 10.4.5 above), (iv) costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including, but not limited to, the correction of Defective Work, disposal of materials and equipment wrongly supplied and making good any damage to property, and/or (v) other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Section 10.4. 10.6 Cash Allowances. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents, if any, and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to OWNER. CONTRACTOR further agrees that: 10.6.1 The Cash Allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site and all applicable taxes; and 10.6.2 CONTRACTOR’s costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the Cash Allowances have been included in the Contract Price and not in the Cash Allowances. No demand for additional payment on account of any such costs will be valid. G-36 10.6.3 Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by Cash Allowances, and the Contract Price shall be adjusted accordingly. ARTICLE 11 - CHANGE OF CONTRACT TIME; LIQUIDATED DAMAGES; DELAYS AND HINDRANCES 11.1 Liquidated Damages - Assessment. If CONTRACTOR does not achieve Substantial Completion or Final Completion of all elements of the Work within the time required by the Contract Documents, and liquidated damages are established by the Agreement or other Contract Documents to be assessed and recovered by OWNER to compensate OWNER for such delay in completion, it is understood and agreed that OWNER will incur substantial damages and losses which are and will hereafter be difficult or impossible to quantify, ascertain and prove as actual damages for such delay. Such damages are foreseen to include, without limitation, extended or additional costs for observation, inspection, engineering, utilities, insurance, administration, and also indeterminate damages, hindrance, or inconvenience to members of the public, deprivation of use and operation and impairment of financing. Accordingly, and in lieu of actual damages, CONTRACTOR and his Surety shall be liable to OWNER, and OWNER shall be entitled to collect and recover such liquidated damages from CONTRACTOR and his Surety, in lieu of actual damages and not as a penalty, in the respective amounts per day for each calendar day that Substantial Completion or Final Completion of the entire Work, as appropriate, is delayed beyond the date(s) or time limitation(s) provided by the Contract Documents. Neither partial acceptance nor partial Beneficial Occupancy or use of portions of the Work by OWNER prior to achievement of Substantial Completion of all elements of the Work shall defeat or impair OWNER’s rights in respect to liquidated damages as provided by this Article. 11.2 Liquidated Damages - Reasonable Amount. The original Contract Price provided In the Contract Documents shall be deemed to include adequate consideration and payment to compensate CONTRACTOR for the risk of liability imposed upon CONTRACTOR under this Section in respect to liquidated damages and CONTRACTOR acknowledges and agrees that the respective amounts of such liquidated damages are reasonable with due consideration for the type, nature and extent of the Work and the Contract Price and that such liquidated damages fairly approximate the nature and amount of actual damages which OWNER may incur as a result of delayed completion and that such liquidated damages may be assessed and recovered by OWNER without proof or evidence concerning the types or amounts of such actual damages. 11.3 Delay Following Termination. The liquidated damages provided by this Article shall apply equally to delay in the achievement of Substantial Completion following abandonment of the Work by CONTRACTOR or termination by OWNER because of CONTRACTOR’s default, to the extent that such delays are caused in whole or in part by such abandonment, termination, default or other acts or omissions for which CONTRACTOR is responsible. No delay or forbearance by OWNER in enforcing any rights or remedies under the Contract Documents, including without limitation, the right G-37 to termination of the CONTRACTOR’s right to proceed and the right to engage completion contractors to complete the Work shall constitute a waiver by OWNER or deprive OWNER of its right to retain, receive and recover such liquidated damages from CONTRACTOR and its surety or diminish the period of delayed completion from which such liquidated damages are to be determined. 11.4 Extension of Contract Time. If CONTRACTOR is delayed or hindered at any time in the progress of the Work by any act or neglect of OWNER or ENGINEER, or by any employee of either, or by changes ordered in the Work, or by unavoidable labor disputes, fire, unusual delay in transportation, unavoidable casualties, unforeseeable abnormal and unusually severe weather conditions, or any other causes beyond CONTRACTOR’s control and the risks of which are not otherwise assumed by CONTRACTOR under the Contract Documents (collectively referred to as Excusable Delays), or by delay authorized by OWNER pending arbitration, or by any other cause which OWNER, in consultation with ENGINEER, determines may justify the delay, then the Contract Time shall be extended by Change Order for such reasonable time as OWNER may determine. CONTRACTOR shall not be entitled to an extension of time for delays or hindrances caused by weather conditions or other natural phenomena of normal intensity for the locality and season during which Work is performed, unsuitable ground conditions except as may be provided in Article 4, inadequate construction forces, financial difficulties of CONTRACTOR or his Subcontractors or the failure of CONTRACTOR or its subcontractors or material suppliers to provide shop drawings or other required submittals on a timely basis and as scheduled or to place orders for equipment or materials sufficiently in advance to insure timely and proper delivery. 11.5 Notice of Delays or Hindrances. The Contract Time may only be extended by a Change Order or by a Written Agreement. CONTRACTOR’s entitlement to an increase in the Contract Time shall be conditioned upon CONTRACTOR furnishing a written notice to the OWNER and ENGINEER no later than twenty (20) days after the occurrence of the event or the commencement of a series of events giving rise to the request for extension, which notice shall particularly state the factual basis and grounds for the request and the duration of time sought as an extension of the Contract Time. Additional supporting data as required by OWNER or ENGINEER, shall be delivered to OWNER or ENGINEER within thirty (30) days after such notice, unless OWNER, for good cause shown, allows an additional period of time for CONTRACTOR to ascertain and present accurate supporting data. A notice of time extension request by CONTRACTOR under this Section shall be conclusively presumed to include all direct, indirect and cumulative impact upon the time required by CONTRACTOR to perform and complete the Work as a result of all facts, occurrences and events giving rise thereto. Nothing provided in this Section shall be construed to afford the CONTRACTOR any rights or claims otherwise precluded by any other provisions of these General Conditions or other Contract Documents. 11.6 Time Extension As Exclusive Remedy. As between CONTRACTOR and OWNER, CONTRACTOR shall assume the risk of any and all suspensions of, delays or interference’s in or hindrances to the performance of the Work, regardless of the length thereof or the party responsible therefor and arising from any and all causes whatsoever, G-38 including, without limitation, those due to any acts or omissions of or interference by OWNER, ENGINEER, other contractors or Subcontractors, except only to the extent that an extension of time may be due to CONTRACTOR as expressly provided for in this Article for such suspension, delay, interference or hindrance. CONTRACTOR shall bear all direct or indirect costs, expenses and liabilities which he may incur in connection with such suspensions, delays, hindrances or interference’s and all such suspensions, delays, interference’s or hindrances, costs, expenses and liabilities of any nature whatsoever, whether or not specifically described or referred to in the Contract Documents, shall conclusively be deemed to have been within the contemplation of the parties. 11.7 Limitations on Time Extensions. Contract Time extensions will be granted only to the extent that Excusable Delays occur without concurrent non-excusable delays and actually extend the time required by CONTRACTOR to perform and complete critical Work elements and activities and which thereby cause an actual delay to achievement of Project completion. Extensions of Contract Time shall be based solely upon the effect of delays to the Work as a whole. The Contract Time shall not be extended for delays to parts of the Work, whether or not changed by any Change Order, that are not on the critical path of the progress schedule. Concurrent Work activities which are not critical to Project completion shall not be the subject of additional time extensions or compensation if those work activities are performed, or could be performed, within a moveable time frame concurrent with a critical item. ARTICLE 12 - WARRANTIES, TESTS AND DEFECTIVE WORK 12.1 Warranty. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be performed, supplied, furnished and installed, and that the Work will be performed in strict accordance with the Contract Documents and will not be Defective. Notice of all Work determined or suspected to be Defective or not in conformity with the Contract Documents shall be given to CONTRACTOR within a reasonable time after observance thereof. 12.2 Access to Work. OWNER, ENGINEER and their respective representatives, and all governmental agencies with jurisdictional interests in respect of the Work or the activities of CONTRACTOR or its subcontractors shall be afforded complete and unhindered access to the Work for their observation, inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access and advise them of CONTRACTOR’s site safety procedures and programs so that they may comply therewith as applicable. 12.3 Tests and Inspections. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests or approvals. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with OWNER’s or ENGINEER’s acceptance of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CONTRACTOR’s purchase thereof for incorporation in G-39 the Work. The cost of all other inspections, tests and approvals which are required by Contract Documents shall be paid by OWNER except as otherwise specified. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR or by ENGINEER if so specified. Neither observations by ENGINEER nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR’s obligations to perform the Work in accordance with the Contract Documents. 12.4 Uncovering Work. If any Work is covered contrary to written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER’s observation and replaced at CONTRACTOR’s expense. If any Work (including the work of others) that is to be inspected, tested or approved is covered or reasonable access thereto is impaired without written concurrence of ENGINEER, it must, if requested by OWNER or ENGINEER, be uncovered or access thereto open for observation. Such uncovering shall be at CONTRACTOR’s expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR’s intention to cover such Work and ENGINEER has not acted with reasonable promptness in response to such notice. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER’s request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is Defective, CONTRACTOR shall bear all direct, indirect and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals) and OWNER shall be entitled to an appropriate decrease in the Contract Price by Change Order or Written Agreement. If, however, such Work is not found to be Defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Articles 10 and 11. 12.5 OWNER May Stop the Work. If the Work is determined by OWNER or ENGINEER to be Defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. 12.6 Pre-Completion Correction or Removal of Defective Work. If required by OWNER or ENGINEER prior to Substantial Completion, CONTRACTOR shall promptly, as directed, either correct all Defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by OWNER or ENGINEER, remove it from G-40 the site and replace it with non-Defective Work. CONTRACTOR shall bear all direct and consequential costs of such correction or removal, made necessary thereby, including but not limited to fees and charges of engineers, architects, attorneys and other professionals. 12.7 Post-Completion Correction Period. Except as otherwise required by the Contract Documents or provided by any special warranties furnished thereunder, CONTRACTOR shall promptly and properly repair, replace, restore or rebuild, as OWNER determines, any finished Work in respect of which defects of materials or workmanship may appear or as to which damage may occur because of such defects during the following periods: (i) for defects in materials, a period of three (3) calendar years commencing on the date of Substantial Completion, and (ii) for defects in workmanship, a period of three (3) calendar years commencing on the date of Final Acceptance. 12.7.1 In circumstances where OWNER determines that a defect does not involve an imminent threat to persons, property or OWNER’s ability to comply with governmental orders, laws or regulations, OWNER shall give CONTRACTOR written notice of such defect. CONTRACTOR shall, at its sole cost and within seven (7) calendar days after receipt of OWNER’s written notice, commence the repair, replacement, restoration or rebuilding of the damaged or Defective Work using his own personnel or those of a third party, and shall diligently and without interruption complete all such required corrective action within a reasonable time. 12.7.2 In circumstances where OWNER determines that a defect does involve an imminent threat to persons, property or OWNERs ability to comply with governmental orders, laws or regulations, OWNER may, without notice to CONTRACTOR, immediately take such action as OWNER deems necessary to effectuate the repair, replacement, restoration or rebuilding of any damaged or Defective Work or the protection and preservation of other Work or property threatened thereby. As soon as practicable thereafter, OWNER shall notify or otherwise afford CONTRACTOR a reasonable opportunity to investigate and continue or complete corrective action as required, if any. If CONTRACTOR fails to commence and continue required corrective action in a prompt and timely manner, OWNER may complete the repair, replacement, restoration or rebuilding of the damaged or Defective Work using its own personnel or those of a third party. 12.7.3 In all circumstances, CONTRACTOR and its surety shall be liable for any and all costs and damages sustained by OWNER in respect of any such defect. 12.7.4 Nothing contained in this Section shall be construed to establish a period of limitation with respect to other obligations of CONTRACTOR under the Contract Documents, including, without limitation, CONTRACTOR’s obligations under Warranties. Establishment of time periods in this Section relates only to the specific obligation of CONTRACTOR to correct the Work and has no relationship to the time within which proceedings may be commenced to establish G-41 or enforce CONTRACTOR’s liability with respect to obligations other than specifically to correct defects in the Work as prescribed by this Section. 12.8 Option To Accept Defective Work. Instead of requiring correction or removal and replacement of Defective Work, OWNER may elect to accept such Work in the condition as provided. CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER’s evaluation of and determination to accept such Defective Work, to include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals. If any such acceptance occurs prior to ENGINEER’s recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price to account for such costs and damages. If the acceptance occurs after such recommendation of final payment, such costs and damages shall be paid by CONTRACTOR and its surety to OWNER. 12.9 OWNER May Correct Defective Work. If CONTRACTOR fails within a reasonable time to proceed to correct Defective Work or to remove and replace rejected Work as provided by Section 12.6, or if CONTRACTOR fails in any respect to perform the Work in accordance with the Contract Documents or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven (7) days written notice to CONTRACTOR, correct and remedy any such deficiency , and may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, suspend CONTRACTOR’s services related thereto, and take possession of CONTRACTOR’s tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, ENGINEER, their respective representatives and other contractors full and unhindered access to the site to enable OWNER to exercise the rights and remedies under this Section. All claims costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and its surety and OWNER shall be entitled to a corresponding decrease in the Contract Price and a Change Order or Written Agreement will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work. Such direct, indirect and consequential costs shall include, but not be limited to, fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work or property of OWNER or others destroyed or damaged by correction, removal or replacement of CONTRACTOR’s Defective Work CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay or hindrance in performance of the Work. attributable to the exercise by OWNER of OWNER’s rights and remedies hereunder. ARTICLE 13 - PAYMENTS TO CONTRACTOR AND COMPLETION 13.1 Schedule of Values. CONTRACTOR shall provide ENGINEER with a Schedule of Values as required by Section 2.7. The Schedule of Values will serve as a basis of progress payments during construction. G-42 13.2 Basis For Payments. Payment for the Work is based upon a lump sum and/or unit prices as established by the Agreement. Subject to the limitations and conditions provided elsewhere in these General Conditions or in other Contract Documents, progress payments for lump sum items shall be based upon percentage of completion at the time of request for such payments as determined or approved by ENGINEER while progress payments for unit price Contract Items shall be determined by ENGINEER based upon approved estimated quantities of such Items completed and in place. The method for calculating estimated quantities shall be based upon reasonable engineering methods for such estimates. If a unit price for a Contract Item includes compensation for successful testing of Work or for finish grading, cleanup or other surface or site restoration as part of such Item, OWNER may at its sole option deduct from payments and withhold (i) up to fifteen percent (15%) of the unit price for Work installed but not successfully tested, and (ii) up to ten percent (10%) of the unit price for Work installed but as to which finish grading, cleanup or other surface or site restoration has not been completed which sums shall be in addition to retainage and other amounts withheld by OWNER as permitted by the Contract Documents. Such sums shall be released to CONTRACTOR upon satisfactory completion of testing or restoration, as applicable. 13.3 Stored Materials and Equipment. Payments for materials or equipment not incorporated into the Work, but delivered and suitably stored at the site, or, if provided by the Contract Documents or agreed upon in writing, at some other location off of the site, shall be conditioned upon compliance by CONTRACTOR with procedures satisfactory to OWNER to establish OWNER’s title to such materials and equipment or otherwise protect the OWNER’s interest and shall include applicable insurance, storage and transportation to the site. Payments for stored materials or equipment may not exceed one hundred percent (100%) less retainage of the net value of such stored material or equipment. 13.4 Specially Manufactured Items. If payment for work on undelivered specifically manufactured items is permitted by the Contract Documents or by OWNER’s written approval, such payment shall be conditioned upon submission by CONTRACTOR of bills of sale, invoices and other documentation establishing in favor of OWNER a valid security interest in the items and establishing or certifying that the items are covered by appropriate Insurance and other arrangements to protect the OWNER’s interest therein, all of which will be satisfactory to OWNER. The OWNER may further condition such payment upon ENGINEER’s observation of the progress of such items, and in such case CONTRACTOR shall provide transportation and reasonable lodging and other appropriate expenses for a representative of OWNER or ENGINEER to travel to the place of manufacture of such equipment or material to conduct such observation. 13.5 Retainage. OWNER shall withhold retainage in the amount of ten percent (10%) of each Progress Payment until the Work or designated portion thereof is fifty percent (50%) complete. Thereafter, no further retention under this Section shall be made, provided that CONTRACTOR is making satisfactory progress and there is no specific cause for greater withholding. If required by governing statutes, such retainage shall be deposited into an interest bearing escrow account pursuant to the terms of a written Escrow Agreement executed in accordance with such statutes, and upon such form as approved by OWNER. G-43 Upon issuance and OWNER’s execution of a Certificate of Substantial Completion, OWNER may reduce the retained amount to not less than two hundred percent (200%) of the cost of the Work remaining to be completed, corrected or accepted. Retainage may not be reduced until CONTRACTOR provides OWNER with complete and legally effective releases or waivers of all claims or liens arising out of or filed in connection with the Work, which instruments shall be upon such forms as approved by OWNER. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, material, and equipment for which a claim or lien could be filed, and that all payrolls, material work equipment bills, and other indebtedness connected with the Work for which OWNER or his property might in any way be responsible have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any claim or lien. 13.6 Applications for Progress Payment. At least twenty (20) days before each Progress Payment is scheduled (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review a properly completed and signed Application for Payment upon such form as OWNER may prescribe, together with such supporting documentation as OWNER may prescribe under the Contract Documents. The submission of any request for progress payment shall be deemed a waiver and release by CONTRACTOR of all liens and claims with respect to the Work and period to which such Progress Payment request pertains except as specifically reserved and noted on such request. The second and each subsequent Application for Progress Payment shall include an affidavit from CONTRACTOR stating that all previous Progress Payments received on account of the Work have been applied to discharge in full all of CONTRACTOR’s obligations in respect of Work covered by prior Applications. OWNER or ENGINEER may reject CONTRACTOR’s Application for Progress Payment if CONTRACTOR fails to submit updated progress schedules as provided in Section 2.7. 13.7 Payroll Reports. CONTRACTOR’s Application for Payment shall be accompanied by a payroll report by CONTRACTOR and each of its Subcontractors for the pay period covered by the application. The report shall state, as to each employee, his/her name, address and social security number, work classification, hours worked, rate of pay, itemized deductions, gross amount earned, net pay and fringe benefit information. This report shall be provided either on Federal Form WH-347 for reporting prevailing wages under the Davis Bacon Act, or otherwise by submitting the payroll information in CONTRACTOR’s format along with Federal Form WH-348 Statement of Compliance under the Davis Bacon Act. 13.8 CONTRACTOR’s Warranty of Title. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the project or not, will pass to OWNER no later than the time of payment free and clear of all claims and liens. G-44 13.9 Action Upon Applications for Payment. ENGINEER will, within five (5) days after receipt of each Application for Payment, either (i) indicate in writing a recommendation of payment and present the Application to OWNER, or (ii) return the Application to CONTRACTOR indicating in writing ENGINEER’s reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application to OWNER, with notice that the deficiencies noted by ENGINEER have been corrected. Payments to CONTRACTOR shall not be due until the expiration of thirty-five (35) days from the date of OWNER’s approval of ENGINEER’s recommendation of payment. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER’s opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER’s opinion to protect OWNER from loss because (i) the Work is Defective, or completed Work has been damaged requiring correction or replacement, (ii) the Contract Price has been reduced by Written Amendment or Change Order, (iii) OWNER has suffered a loss as provided in Section 6.24 or has been required to correct Defective Work or complete Work in accordance with Section 12.9, or (iv) of ENGINEER’s actual knowledge of the occurrence of any of the events enumerated in Sections 14.2. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR’s performance or furnishing of the Work, or claims have been filed in connection with the Work, or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action. 13.10 Substantial Completion. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall, in writing to OWNER and ENGINEER, request the issuance of a Certificate of Substantial Completion. Within a reasonable time thereafter, ENGINEER shall respond to CONTRACTOR by either (a) scheduling an inspection of the Work by OWNER, ENGINEER and CONTRACTOR to determine the status of completion or (b) notifying CONTRACTOR in writing that the Work has been determined by OWNER or ENGINEER not to be substantially complete and explaining the basis therefore. If, after such inspection, OWNER and ENGINEER conclude that the Work is not substantially complete, ENGINEER will, within fourteen (14) days after such inspection, notify CONTRACTOR in writing, stating basis therefore. If, after the inspection, OWNER and ENGINEER consider the Work substantially complete, ENGINEER shall prepare and deliver to OWNER a recommended Certificate of Substantial Completion, which shall fix the date of Substantial Completion, and address the respective responsibilities of OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utilities, insurance and warranties. The Certificate, as recommended by ENGINEER or as approved by OWNER, may have attached a list of items to be completed or corrected prior to final payment and may state any additional issues or reservations to remain unaffected by substantial completion. The certificate of Substantial Completion, as accepted and approved by OWNER, will be submitted to CONTRACTOR for acceptance, which acceptance shall be deemed effective, and G-45 CONTRACTOR shall become unconditionally bound to the terms thereof, upon (i) CONTRACTORs execution of the certificate, or (ii) CONTRACTOR’s failure to provide written notice objecting to the terms of such certificate within five (5) days after receipt thereof. 13.11 Site Access Upon Substantial Completion. OWNER shall have the right, but not the obligation, to exclude CONTRACTOR from the site of the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to the site to complete or correct items of Work or to fulfill other obligations as provided by the Certificate of Substantial Completion. 13.12 Partial Utilization and Occupancy. Use or occupancy by OWNER of portions of the Work may be accomplished prior to Substantial Completion of all the Work upon determination by OWNER in consultation with ENGINEER that any such portion constitutes a separately functioning and usable part of the Work that can be used by OWNER without causing substantial interference with CONTRACTOR’s performance of the remainder of the Work, subject to the following: 13.12.1 OWNER, at any time may give written notice to CONTRACTOR of OWNER’s intent to use or occupy any part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a Certificate of Partial Substantial Completion for that part of the Work. CONTRACTOR, at any time, may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a Certificate of Partial Substantial Completion for that part of the Work. The provisions and procedures set forth in Sections 13.10 and 13.11 shall govern inspections and recommendations concerning partial substantial completion and certification thereof. 13.12.2 OWNER may, at any time, give written notice to CONTRACTOR of OWNER’s intent to use or occupy any part of the Work which is not substantially complete. Within a reasonable time thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and shall prepare a list of the items remaining to be completed or corrected thereon before final payment. Upon failure of the parties to agree upon such list, ENGINEER will promptly finalize the list and deliver same to OWNER and CONTRACTOR together with a written determination as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operations, safety, maintenance, utilities, insurance, warranties and guarantees for that part of the Work. Such list and determination will become binding upon OWNER and CONTRACTOR except as otherwise agreed in writing between them. During the period of OWNER’s use or occupancy of such part of the G-46 Work, OWNER shall afford CONTRACTOR reasonable access and opportunity to complete or correct items on said list and to complete other related Work. 13.12.3 No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of Section 5.9 with respect to property insurance. 13.13 Final Inspection. Upon written notice from CONTRACTOR that the entire Work or an agreed upon portion thereof is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or Defective. CONTRACTOR shall immediately take such measures as are necessary to complete and remedy such Work to the satisfaction of OWNER and ENGINEER. Upon written notice from CONTRACTOR that all Work which was incomplete or Defective has been completed or remedied, ENGINEER and OWNER will make an additional inspection to verify the work performed. If it is determined that the Work is still incomplete or Defective, CONTRACTOR shall bear all direct, indirect and consequential costs of re- inspecting said Work (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals) and OWNER shall be entitled to an appropriate decrease in the Contract Price by Change Order or written agreement. 13.14 Final Application for Payment. After CONTRACTOR has completed the Work and all corrections as provided elsewhere in this Article and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents (as provided in Section 6.19) and all other documents as required by the Contract Documents, and after ENGINEER has indicated that the Work is acceptable (subject to the provisions of Section 13.16), CONTRACTOR may make application for Final Payment which, except as otherwise provided in this Article, shall be subject to the procedures and requirements in respect of progress payments. The Final Application for Payment shall be accompanied by complete and legally effective releases or waivers by all subcontractors and material suppliers from all claims or liens arising out of or filed or which could otherwise be filed in connection with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish: receipts or releases in full; an affidavit from CONTRACTOR that the releases and receipts include all labor, services, material and equipment for which a claim or lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER, contract funds or OWNER’s property might in any way be responsible have been paid or otherwise satisfied; and consent of the Surety to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full, CONTRACTOR may, at OWNER’s option, furnish a Bond or other collateral satisfactory to indemnify OWNER against any claim or lien. CONTRACTOR’s Application for Final Payment shall be accompanied by a list of all Subcontractors involved in the project, and the amount in dollars paid to each Subcontractor. The list shall identify MBEs and WBEs and shall include the final Contract Price for each. 13.15 Final Payment and Acceptance. If, on the basis of ENGINEER’s observation of the Work during construction and final inspection, and ENGINEER’s review of the Final G-47 Application for Payment and accompanying documentation, all as required by the Contract Documents, OWNER is satisfied that the Work has been completed and CONTRACTOR’s other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten (10) days after receipt of the Final Application of Payment, indicate in writing ENGINEER’s recommendation of payment and present the Application to OWNER for payment. Otherwise, ENGINEER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend Final Payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are approved by OWNER as to form and substance, OWNER shall pay CONTRACTOR the amount recommended by ENGINEER. 13.16 Delayed Final Completion. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if ENGINEER so confirms, OWNER will, upon receipt of CONTRACTOR’s Final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in Section 5.1, the written consent of the Surety to the payment of the balance due for the portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment will be made under the terms and conditions governing Final Payment, except that it shall not constitute a waiver of claims. 13.17 CONTRACTOR’s Continuing Obligations. Except as otherwise expressly provided to the contrary by the Contract Documents, CONTRACTOR’s duty to perform and complete the Work and to fulfill other obligations in accordance with the Contract Documents shall be absolute. Neither recommendation of any Progress Payment or Final Payment by ENGINEER, nor approval or acceptance thereof by OWNER, nor the issuance of a Certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Work or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any review and approval of a Shop Drawing or sample submission, nor any activities by CONTRACTOR or OWNER in correction of Defective Work will constitute an acceptance of Work not in accordance with the Contract Documents or a release or waiver of CONTRACTOR’s obligations under the Contract Documents or of OWNER’s rights and remedies thereunder. 13.18 Waiver of Claims By Final Payment. The making and acceptance of Final Payment shall constitute a waiver of all claims by OWNER against CONTRACTOR and by CONTRACTOR against OWNER except (i) claims previously made in writing by either party and remaining unsettled as of the date of final payment, (ii) claims by OWNER attributable to Defective Work or prior corrective work, appearing after final inspection or from failure to comply with the Contract Documents, (iii) OWNER claims and other rights arising under the terms of any general or special warranties or guarantees specified by the Contract Documents or arising thereunder, and (iv) OWNER claims and other G-48 rights in respect of CONTRACTOR’s and its surety’s continuing obligations under Laws and Regulations or the Contract Documents; ARTICLE 14 - SUSPENSION OF WORK AND TERMINATION 14.1 OWNER May Suspend Work. OWNER may, at any time and without cause, suspend the Work or any portion thereof by notice in writing to CONTRACTOR and ENGINEER which will fix either the date or requisite events for resumption of the Work. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR may make a claim for an extension of the Contract Time on account of such suspension, as provided by and subject to the limitations of Article 11 hereinabove. 14.2 CONTRACTOR Default. The OWNER may declare CONTRACTOR to be in default under the Agreement and may terminate CONTRACTOR’s right to proceed thereunder if CONTRACTOR (i) is adjudged a bankrupt or insolvent, or makes a general assignment for the benefit of creditors, or CONTRACTOR or a third party files a petition to take advantage of any debtors act or to reorganize under the bankruptcy or similar laws, or a trustee or receiver is appointed for CONTRACTOR or for any of CONTRACTOR’s property on account of the CONTRACTOR’s insolvency, and CONTRACTOR or its successor in interest does not provide adequate assurance of future performance in accordance with the Contract Documents within ten (10) days of receipt of a written request by OWNER for such assurance; or (ii) admits in writing an inability to pay his debts generally as they become due; or (iii) fails or refuses to perform or prosecute the Work or any separate part or element thereof in accordance with the Contract Documents and with such diligence as will insure its completion within the Contract time, or CONTRACTOR fails to complete the Work within such Contract Time; or (iv) performs any Work which is rejected as Defective and fails or neglects to correct any such Work, or (v) fails to supply sufficient skilled workers or suitable materials or equipment; or (vi) fails to adhere to the original and any revised progress schedules established under the Contract Documents; or (vii) fails to make prompt payment to laborers, subcontractors and material suppliers; or (viii) abandons or suspends performance of any of the Work, or removes from the site materials or equipment reasonably required to perform and complete the Work, without OWNER’s written consent, directive or approval; or (ix) disregards Laws or Regulations or similar requirements and orders of any public body having jurisdiction; or (x) disregards the authority of OWNER or ENGINEER, or (xi) otherwise violates in any material way any provisions or requirements of the Contract Documents. 14.3 Default Termination By OWNER. Upon occurrence of any of the events of default provided by Section 14.2, OWNER may, after giving CONTRACTOR and the Surety seven (7) days written notice, terminate the Agreement and CONTRACTOR’s right to proceed thereunder, which termination shall become effective without further notice upon the expiration of such seven (7) day period, unless otherwise rescinded or modified by OWNER in writing. The following shall govern in the event of a default termination by OWNER as provided by this Section: G-49 14.3.1 OWNER may exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR’s tools, appliances, construction equipment and machinery at the site and use or authorize third party contractors to use the same for completing or correcting the Work, and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. OWNER and completion contractors shall not be liable to CONTRACTOR for the cost or value of any such property used or incorporated in the course of such completion or correction; 14.3.2 OWNER may, by any means it may deem expedient and appropriate under the circumstances, complete and correct or contract with one or more separate contractors for completion and correction of the Work. OWNER shall not be required to accept the lowest price or the shortest duration proposed for such completion or corrective Work. In the event that OWNER takes Bids for completion or corrective Work, CONTRACTOR shall not be eligible for the award of any contracts resulting therefrom. 14.3.3 CONTRACTOR shall not be entitled to receive any further payment until all Work is completed and corrected and the total costs incurred by OWNER in respect of such completion and correction have been ascertained. 14.3.4 CONTRACT’OR and its surety shall be liable for liquidated damages for delayed completion of the Work as provided in the Contract Documents, based upon (i) the agreed dates for substantial and final completion as established by the contract(s) between OWNER and the completion contractors, or (ii) the actual dates of substantial and final completion, whichever occurs first; 14.3.5 If the unpaid balance of the Contract Price exceeds the sum of (i) liquidated damages (ii) the Completion Costs as herein defined, (iii) such other damages to which OWNER is entitled by reason of CONTRACTOR’s breach or default under the Agreement or the termination thereof, and (iv) attorney fees incurred by OWNER incidental to the enforcement of any rights and remedies against CONTRACTOR and its Surety afforded by the Contract Documents, such excess will be paid to CONTRACTOR or Surety as appropriate. If such sum exceeds such unpaid balance, CONTRACTOR and its surety shall pay the difference to OWNER. 14.3.6 As used in this Section, the term “Completion Costs” shall mean any and all direct, indirect and consequential costs and expenses paid or incurred by OWNER for or incidental to completion of the Work or correction of previous Work performed by CONTRACTOR, whether by OWNER’s own forces or by one or more separate contractors engaged by OWNER for such purposes, and shall include but not be limited to all fees and charges of engineers, architects, consultants, attorneys and other professionals, plus court costs, arbitration and arbitrator fees and charges. G-50 14.3.7 Termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 14.3.8 If it is determined for any reason that CONTRACTOR was not in default, the termination shall be deemed a termination for convenience of the OWNER, whereupon the rights and obligations of the parties shall be determined and governed in accordance with Section 14.4. 14.4 Termination For Convenience. Upon seven (7) days’ written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement in whole or in part for its convenience. CONTRACTOR shall immediately discontinue Work and follow all other instructions of OWNER as stated in such notice, and shall take all other action as may be required or appropriate to minimize costs, damages and expenses in consequence of the termination. Furthermore, CONTRACTOR shall deliver to OWNER all survey notes, drawings, specifications and estimates completed or partially completed and these shall become the property of OWNER. CONTRACTOR shall not be entitled to payment on account of loss of anticipated profits or revenue or other economic loss associated with any terminated Work. Amounts payable to CONTRACTOR shall be limited to the following: 14.4.1 A portion of the Contract Price as fairly allocated to Work executed by CONTRACTOR in accordance with the Contract Documents prior to the effective date of termination; 14.4.2 Reasonable expenses sustained by CONTRACTOR prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses, which shall not exceed the percentages established in Article 10; 14.4.3 Reasonable costs, losses and damages paid by CONTRACTOR in settlement of just claims under terminated contracts with Subcontractors, Suppliers and others. 14.5 CONTRACTOR Suspension of Work and Right To Terminate. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) days by OWNER or under an order of court or other public authority, or OWNER substantially fails to perform or make payment to CONTRACTOR as prescribed by the Contract Documents, CONTRACTOR may, upon thirty (30) days written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. ARTICLE 15 - DISPUTE RESOLUTION 15.1 OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, disputes and other matters in question between them arising out of G-51 or relating to the Contract Documents or the breach thereof to mediation according to the provisions of Attachment A. 15.2 Agreement To Arbitrate. If agreed by OWNER and CONTRACTOR, any claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to the Contract Documents or the breach thereof, except those exempted claims and disputes described in Section 15.6, will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then in effect subject to the limitations otherwise set forth in this Article. This agreement to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article will be specifically enforceable under the prevailing law of any court having jurisdiction. 15.3 Claims Referred To ENGINEER. No demand for arbitration of any claim, dispute or other matter properly referred to ENGINEER initially for decision in accordance with Article 8 will be made until the earlier of (a) the date on which ENGINEER has rendered a decision, or (b) the tenth (10th) day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty (30) days after the date on which ENGINEER has rendered a written decision in respect thereof; and the failure to demand arbitration within said thirty (30) day period shall result in ENGINEER’s decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned. 15.4 Demand For Arbitration; Objection. Notice of demand for arbitration shall be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty (30) day or ten (10) day period specified in Section 15.3 as applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 15.5 Consolidation and Joinder. No arbitration arising out of or relating to the Contract Documents shall include, by consolidation, joinder or in any other manner, any other person or entity (including ENGINEER, ENGINEER’s agents, employees or consultants) who is not a party to this Agreement unless: 15.5.1 The inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration; 15.5.2 Such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings; and G-52 15.5.3 The written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this Section; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 15.6 Enforcement of Award. The award rendered by the arbitrators will be final, and shall be binding upon CONTRACTOR’s surety, whether or not such surety is joined therein, judgment may be entered upon it in any court having jurisdiction thereof, and will not be subject to modification or appeal except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. & 10, 11). ARTICLE 16 - MISCELLANEOUS 16.1 Giving Notice. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person or by facsimile telephone transmission (FAX) to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 16.2 Computation of Time. When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction such day shall be omitted from the computation. A “day” and a “calendar day” are defined as twenty-four hours measured from midnight to the next midnight. 16.3 Injury to Persons and Property. Should OWNER or CONTRACTOR suffer injury or damage to his person or property because of any error, omission or act of the other party or of any of the other party’s employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this Section shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 16.4 Cumulative Duties and Rights. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and not to be construed in any way as a limitation of any rights and remedies available by Laws and Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this Section shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 16.5 Assignment. Except as provided for in Section 6.8, CONTRACTOR may not delegate his duty of performance or assign all or part of his obligations or rights under the Contract Documents without OWNER’s prior written consent. Subject to the restrictions of the G-53 preceding sentence, the Contract Documents are binding upon OWNER and CONTRACTOR, their successors or assigns. 16.6 Governing Law. The Contract Documents shall be interpreted in accord with and governed by the laws of the State of Indiana, except for the conflict of laws provisions thereof. If any provision of the Contract Documents is found to be in conflict with those laws, the remaining provisions of the Contract Documents shall remain in effect. OWNER and CONTRACTOR agree that any litigation associated with or arising from the Agreement shall be filed with a court of competent jurisdiction within the State of Indiana. 16.7 Indiana Department of Transportation Standard Specifications. All applicable portions of the Indiana Department of Transportation (INDOT) Standard Specifications shall apply to these Contract Documents to the extent not in conflict with the terms thereof. Where the words ‘Standard Specifications’ along with a reference consisting of a number or number and letter are used, they shall be construed as referring to the Indiana Department of Transportation Standard Specifications and the most recent supplemental specifications issued prior to Bid opening. 16.8 Salvage of Existing Equipment and Materials. Unless otherwise provided all existing equipment and materials as listed in the Technical Specifications, removed from existing facilities shall remain the property of OWNER. Such equipment and materials shall be stored on-site at locations identified by ENGINEER. All other existing equipment and materials removed from existing facilities shall be the property of CONTRACTOR and shall be removed from the site. 16.9 English Language Requirement. All submittals, including, but not limited to, all shop drawings, catalog cuts, manufacturers’ recommendations, and assembly and maintenance instructions shall only be written in the English language. 16.10 Trade Practice. In the event of any inconsistencies between the requirements of the Contract Documents and normal practice in the trade, the requirements of the Contract Documents shall control. 16.11 Cross-References. Cross-references in the Contract Documents are not intended as complete lists of related requirements specified elsewhere. The absence of a cross- reference to another section of the Contract Documents should not be deemed or construed to indicate that such other section does not specify related requirements where the two sections, read together, indicate otherwise. 16.12 Accounting Records. CONTRACTOR shall maintain proper accounting records for the work to be performed under this Agreement and shall provide an accounting for all charges and expenditures as may be necessary for auditing purposes. All such records shall be subject to examination and inspection by OWNER representatives at reasonable hours. 16.13 Steel Products. In accordance with Indiana Code 5-16-8, if steel products are to be utilized or supplied in the performance of any contract or subcontract, only domestic steel G-54 products shall be used. Reference is hereby made to such statute for definitions applicable to this Section. OWNER may not authorize or make any payment to CONTRACTOR unless OWNER is satisfied that CONTRACTOR has fully complied with this provision. 16.14 Non-Discrimination. CONTRACTOR certifies for itself and all its subcontractors compliance with all existing laws of the United States and the State of Indiana prohibiting the discrimination against any employee or applicant for employment or subcontract work in the performance of the Work contemplated by the Agreement with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment or subcontracting because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status or Vietnam era veteran status. The City of Carmel reserves the right to collect a penalty as provided in IC 5-16-6-1 for any person discriminated against. 16.15 Operating Instructions. CONTRACTOR, through qualified individuals, shall adequately instruct designated employees of the OWNER in the operation and care of all equipment installed hereunder, except for equipment that may be furnished by the OWNER. CONTRACTOR shall also furnish and deliver to ENGINEER within forty-five (45) days of the shop drawing approval date, five (5) complete sets for permanent files, identified in accordance with the section hereof headed “Working Drawings”, of instructions, technical bulletins and any other printed matter, such as diagrams, prints or drawings, containing full information required for the proper operation, maintenance and repair of the equipment installed and the ordering of spare parts, except for equipment that may be furnished by OWNER. 16.16 Operation and Maintenance Manual. CONTRACTOR shall prepare and submit to ENGINEER five (5) copies of an Operation and Maintenance (O&M) Manual for all equipment and associated control systems furnished and installed under this Contract, if applicable. When the Work reaches sixty-five (65) to seventy (70) percent completion CONTRACTOR shall submit to ENGINEER for approval two (2) copies of the manual with all specified material that is available at that time. The submittal shall accompany CONTRACTOR’s partial payment request for the specified completion. Within thirty (30) days after ENGINEER’s approval of the two-copy submittal CONTRACTOR shall furnish to ENGINEER the five (5) copies of the manual. Appropriate space shall be left in the manual for material not available at the time of submittal. All missing material for the manual shall be submitted prior to the request for final payment. 16.16.1 Each copy of the manual shall be prepared and arranged as follows: 1. One copy of each manufacturer’s operation, lubrication and maintenance instructions and spare parts list for all equipment and controls furnished. All equipment operating, lubrication and maintenance instructions and procedures and parts lists shall be furnished on 8 1/2 x 11 inch commercially printed or typed forms. Such forms shall include equipment name, serial number and other identifying references. G-55 2. List of electrical relay settings and control and alarm contact settings. 3. Electrical interconnection wiring diagram for equipment furnished including all control and lighting systems. 16.16.2 Each copy of the manual shall be assembled in one or more binders, each with the title page, typed table of contents, and heavy section dividers with copper reinforced holes and numbered plastic index tabs. Each manual shall be divided into sections paralleling the “Workmanship and Materials” equipment specifications. Binders shall be 3-ring, hard-back Type No. S-43772 as manufactured by Marshall-Jackson Co, Chicago, Illinois, or equal. All loose data shall be punched for binding and composition and printing shall be arranged so that punching does not obliterate any data. The cover and binding edge of each manual shall have the project title and manual title printed thereon, all as furnished and approved by ENGINEER. 16.16.3 All operating and maintenance material that comes bound by the equipment manufacturer shall be left that way. The appropriate sections of CONTRACTOR’s O&M Manual shall cross-reference the manufacturers bound manual. 16.16.4 Where more than one (1) binder is required they shall be labeled Vol. 1, Vol. 2, and so on. The table of contents for the entire set, identified by volume number, shall appear in each binder. 16.16.5 The five (5) copies of the manuals and data included therein shall be provided in conformance with the subsection headed “Working Drawings” and, in addition, to the requirements of the Technical Specifications Workmanship and Materials Section. The costs of the Operation and Maintenance Manual shall be included in the lump sum Contract Price and no separate payment will be made therefore. The Operation and Maintenance Manual shall be included as a separate item in CONTRACTOR’s schedule of values. 16.17 Service of Manufacturer’s Representatives. The Contract Price shall include the costs of furnishing competent and experienced engineers, superintendents or other technically qualified representatives who shall represent equipment manufacturers and shall assist CONTRACTOR, when required, to install, adjust, test and place in operation equipment in conformity with the Contract Documents. When equipment is ready for permanent operation, such engineers, superintendents or representatives shall make all adjustments and tests required by ENGINEER to prove that such equipment is in proper and satisfactory operating condition, and shall instruct such personnel as may be designated by OWNER in the proper operation and maintenance of such equipment. 16.18 Water. CONTRACTOR shall provide, at its expense, the necessary water supply for CONTRACTOR’s activities , and shall, if necessary, provide and lay necessary water lines from existing mains to the place where such water service is required, and shall G-56 secure all necessary permits and pay for all hookups, meters and taps to water mains or hydrants and for all water used at the established rates. 16.19 Light and Power. CONTRACTOR shall provide, at its own expense, temporary lighting and power facilities required for the proper prosecution and inspection of the Work, unless specified otherwise. CONTRACTOR shall meter and pay for CONTRACTOR’s share of all power utilized. 16.20 CONTRACTOR’s Field Office. CONTRACTOR shall erect, furnish and maintain a field office with a telephone at the site during the entire period of construction. He or an authorized agent shall be present at this office at all times while his work is in progress. Readily accessible copies of both the Contract Documents and the latest approved Working Drawings shall be kept at this field office. 16.21 Prevention, Control and Abatement of Erosion and Water Pollution. CONTRACTOR shall be responsible for prevention, control and abatement of erosion, siltation and water pollution resulting from construction of the project until Final Acceptance of the project. 16.21.1 CONTRACTOR shall provide, install, construct and maintain coverings, mulching, sodding, sand bagging, berms, slope drains, sedimentation structures or other devices necessary to meet OWNER, State and Federal regulatory agency codes, rules and laws. 16.21.2 CONTRACTOR shall take sufficient precautions to prevent pollution of adjacent rivers and streams with fuels, oils, bitumens, or other harmful materials. Also, CONTRACTOR shall conduct and schedule operations so as to avoid or otherwise minimize pollution or siltation of the waters. 16.21.3 Storm drainage facilities, both open and closed conduit, serving the construction site shall be protected by the CONTRACTOR from pollutants and contaminants. If it is determined that siltation of drainage facilities has resulted due to the project, ENGINEER will advise CONTRACTOR to remove and properly dispose of the deposited material. Should CONTRACTOR fail to or elect not to remove the deposits, OWNER will provide maintenance cleaning as needed and will charge all costs of such service against the amount of money due or to become due CONTRACTOR. 16.21.4 Excavated material shall not be deposited in streams, ditches or impoundments, or in a position close enough thereto to be washed away by high water or runoff. 16.21.5 CONTRACTOR shall not disturb lands or waters outside the limits of construction and public rights of way. The location of and methods of operation in all detention areas, borrow pits, material supply pits and disposal areas furnished by CONTRACTOR shall meet the approval of ENGINEER as being such that erosion during and after completion of the Work will not likely result in detrimental siltation or water pollution. G-57 16.21.6 CONTRACTOR shall schedule operations such that the area of unprotected erodible earth exposed at any one time is not larger than the minimum area necessary for efficient construction operations; and the duration of exposure of uncompleted construction to the elements shall be as short as practicable. 16.21.7 Clearing and grubbing shall be so scheduled and performed that grading operations can follow immediately thereafter, and grading operations shall be so scheduled and performed that permanent erosion control features can follow immediately thereafter if conditions on the project permit. 16.21.8 The surface areas of unprotected erodible earth exposed by clearing and grubbing, excavation or filling operations shall be kept to a minimum. Immediate erosion or pollution control measures to prevent siltation or contamination of any stream, ditch or other impoundment or to prevent damage to the project or property outside the project limits shall be provided when necessary. 16.22 Air Borne Particulate. CONTRACTOR shall comply with Indianapolis Air Pollution Regulation II-4 which is hereby incorporated into this Section by reference. A copy of such regulation will be furnished to CONTRACTOR upon request. 16.23 Professional Fees and Court Costs Included. Whenever reference is made to claims, costs, losses or damages recoverable by OWNER against CONTRACTOR or its surety, such recovery shall include, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. END OF THIS SECTION G-58 “ATTACHMENT A” MEDIATION PROCESS 1. Purpose of Mediation. This clause provides for the use of Mediation as an alternative means of resolving disputes which may arise under this Agreement. The Mediation allows parties to make an educated assessment of their respective cases, and then engage in a negotiated settlement discussion. Such a procedure can save both parties valuable time resources, and legal costs. Should a Mediation be utilized a Mediation Agreement shall be drafted and adopted which will set forth the governing procedures and terms. 2. When to Invoke Mediation. If a dispute arises under the Agreement, either party may invoke this Mediation clause which will compel participation in Mediation for the purpose of resolving the dispute, provided all of the following conditions have been fulfilled: a. The amount in controversy exceeds twenty thousand dollars ($20,000.00), such amount having been determined by both parties as being the minimum disputed claim to justify use of the Mediation procedure; b. Personnel from each party who were directly involved in the dispute at the operational level met and discussed the claim in good faith, but were unable to resolve the matter. The personnel of each party shall prepare and forward to the persons identified in the subparagraph 2(c) memoranda detailing the areas of dispute, why impasse was reached and that it is beyond their ability to resolve the dispute. c. After complying with subparagraph (b) above, personnel from each party at a higher management level who were not directly involved in the dispute met and discussed the claim in good faith, but were unable to resolve the matter. The personnel of each party shall prepare and forward to the persons identified in paragraph 3 a memorandum detailing the areas of dispute, why impasse was reached and that it is beyond their ability to resolve the dispute; and d. Written notice was given to the other party stating that the above three subparagraphs were complied with, and that the Mediation procedure is being invoked for the purpose of resolving the dispute. 3. Notice of Mediation. Notice of Mediation shall identify the dispute at issue and designate an executive officer or other management official who will represent the party at the proceeding. The designated official must possess the authority to settle the matter and have not been involved in the underlying facts in dispute. 4. Response to Notice of Mediation. Within ten (10) business days, the other party shall designate an appropriate official with authority to settle the dispute who will be its representative at the Mediation. G-59 5. Scheduling. No later than thirty (30) days from the date of the notice of the Mediation, the parties’ designated representatives and/or their attorneys shall meet to discuss the following: a. Settlement status of the dispute; b. Schedule by which drafts of a Mediation Agreement are to be submitted, and a date by which the Mediation Agreement will be finalized; c. Schedule for Mediation discovery and other preparatory matters the parties deem necessary; d. Whether a neutral advisor shall be employed in the Mediation and, if so, by what means he shall be selected; and e. Time, place and schedule of the Mediation hearing. The Mediation Agreement will be finalized and executed by both parties no later than sixty (60) days after the notice of the Mediation. The Mediation hearing will be held within 120 days after the notice of the Mediation unless extended by mutual consent of the parties. 6. Mediation As Condition Precedent To Arbitration or Litigation. Submission of a dispute under this Agreement to a Mediation procedure shall be a condition precedent to filing arbitration or litigation on any dispute exceeding the amount specified above. Failure to comply with this condition precedent shall be in contravention of the parties’ express intention to implement this alternative means of dispute resolution and constitute a breach of this clause. 7. Refusal To Participate In Mediation. Refusal of a party to participate in mediation in good faith shall not be established unless: a. All of the specified conditions set forth in paragraph 2 herein have been fulfilled; and b. 30 days have lapsed since initial written notice of the Mediation was given without an affirmative response. c. Refusal to participate in the Mediation shall be in contravention of the parties’ express intention to implement this alternative means of dispute resolution and constitutes a breach of this clause. 8. Filing Arbitration or Litigation. No litigation or arbitration or any other binding action shall be initiated by either party unless: a. The amount in controversy is less than or equal to the amount specified paragraph 2 above; or G-60 b. Despite compliance with this Mediation clause, one party is deemed to have refused (paragraph 7 above) to participate in the Mediation; or c. Both parties agree in writing that they intend not to implement the Mediation for the particular dispute in question; or d. The Mediation procedure has been completed and thirty (30) days have elapsed since the actual Mediation hearing; or e. Litigation must be filed before the Mediation to comply with the Statute of Limitations on a disputed issue. 9. Dismissal/Stay Of Litigation. If one party has filed litigation on a dispute which is otherwise covered by this Mediation clause and which does not meet the exceptions set forth in paragraph 8 herein, the other party may properly seek to dismiss the litigation at its discretion for the purpose of conducting the Mediation as a condition precedent to litigation. If litigation was filed for the purpose set forth in subparagraph 8(e) herein, the filing party shall seek a stay for the purpose of conducting a Mediation. The stay provided for in this Paragraph shall continue for a period of 30 days after completion of the Mediation hearing. The purpose of this 30-day period is to permit the parties full opportunity to discuss settlement. SP-01 – EXISTING CONDITIONS OF UTILITIES, ADDITIONAL R/W, ENCROACHMENTS The Standard Specifications are revised as follows: SECTION 107, AFTER LINE 690, INSERT AS FOLLOWS: 107.25 Existing Conditions of Utilities, Additional Right-of-Way, and Encroachments. Such existing conditions are as described below. (a) Utilities. The status of all utility companies and organizations potentially involved with the work to be performed are described below. The facilities of Clay Township Regional Waste District exist within the project limits, and all affected facilities are incorporated into the proposed construction. If questions arise, Ryan Hartman of the utility may be contacted at 317-844-9200. The facilities of Carmel Water Company exist within the project limits and all affected facilities are incorporated into the proposed construction. If questions arise, John Duffy of the utility may be contacted at 317-571-2265 The facilities of Vectren exist within the project limits. It is anticipated that they will adjust their facilities for construction on or before July 1, 2012. If questions arise, Don Perdue of the utility may be contacted at 317-776-5534. The facilities of AT&T Indiana exist within the project limits. It is anticipated that they will adjust their facilities for construction on or before July 1, 2012. If questions arise, Greg Cammack of the utility may be contacted at 317-252-5134. The facilities of Duke Energy exist within the project limits. It is anticipated that they will adjust their facilities for construction on or before September 1, 2012. If questions arise, Cindy Rowland of the utility may be contacted at 317-776-5341 The facilities of BrightHouse exist within the project limits. It is anticipated that they will adjust their facilities for construction on or before September 1, 2012. If questions arise, Joe Evans of the utility may be contacted at 317- 632-9077. The facilities of Indiana Fiber Network exist within the project limits. It is anticipated that they will adjust their facilities for construction on or before September 1, 2012. If questions arise, Shawn Wright of the utility may be contacted at 317-777-7119. (b) Right-of-Way. All additional right-of way requirements for the contract have been cleared except for the conditions at the parcels described below. 1. Right-of-Entry. The right-of-entry to the following properties is anticipated as set out below. The properties listed below shall not be entered until authorized in writing. No monetary claims or damages shall be made by contractor to the City of Carmel for delays or cancellation of portions of the project due to problems associated with right-of-way acquisition. Estimated Date Parcel No. Owner Right-of-Entry 1 Indiana Farmers Insurance 06/01/2012 2 Valley Development Corporation 06/01/2012 3 Eric Cox 07/01/2012 4 Roslyn Noble 07/01/2012 5 JEC Partnership 06/01/2012 7 Suburban Land Reserve 07/01/2012 8 Billy Creek Associates 06/01/2012 (c) Encroachments. All known encroachments within the project limits have been removed or have been cleared to remain. (d) Other Noteworthy Conditions. The following condition exists which may affect the prosecution and progress of the contract. (e) Preconstruction Conference Notification. The Contractor shall provide notification during the preconstruction conference about known corrections to or omissions of the information presented in 107.25(a) through 107.25(d) above. Otherwise, notification shall be provided as required in 105.06. Notifications regarding such corrections or omissions shall not alleviate the Contractor's inquiry or interpretation obligations as contained in 120 IAC 3-6-6. SP-02 - CONSTRUCTION SCHEDULING CONTRACTOR shall maintain access to local traffic at all times and phase construction in accordance with the following guidelines. CONTRACTOR shall notify CITY of planned road closures no less than 2 weeks prior to anticipated closure date. CONTRACTOR shall coordinate road closures with local emergency officials, and notify emergency officials a minimum of two (2) full business days prior to any phase change. CONTRACTOR shall notify all property owners and coordinate closure of any access for the construction of driveways or entrance roadways with all property owners affected by the closure. Unless otherwise stated in project plans or specifications, CONTRACTOR will be expected to construct the project according to the following phases. Phase I Phase I includes the construction of Illinois Street from 116th Street to the south limits of the project including all proposed curb and gutters, drainage structures, pavement, drives, and paths within the project limits. During construction, 111th Street will be closed to traffic. 111th Street shall be closed to traffic for not longer than 30 calendar days. Anticipated Notice to Proceed Date for Phase I: June 1, 2012 Phase I Completion Date: September 1, 2012 Phase II Phase II includes the construction of the 116th Street and Springmill Road Roundabout including all proposed curb and gutters, drainage structures, pavement, drives, and paths within the project limits. During construction, Spring Mill Road and 116th Street will be closed to through traffic and a local detour will be utilized. The 116th Street & Springmill Road Intersection shall be closed to traffic for not longer than 45 calendar days. Anticipated Notice to Proceed Date for Phase II: September 1, 2012 Phase II Intermediate Completion Date: November 15, 2012 Phase II Final Completion Date: June 1, 2013 SP-03 – COORDINATION WITH CITY SERVICES The Contractor shall coordinate construction activities with each of the City Service Providers listed below. These agencies shall be notified no less than two weeks in advance of any changes to road closures, detours or restrictions. Carmel Police Department Sergeant John McAllister Operations Division / Traffic Unit 3 Civic Square Carmel, IN 46032 Phone : (317) 571-2500 Email: jmcallister@carmel.in.gov Carmel Fire Department Fire Chief Keith D. Smith Fire Headquarters 2 Civic Square Carmel, IN 46032 Phone: (317) 571-2602 Email: ksmith@carmel.in.gov David Haboush Assistant Chief of Administration Fire Headquarters 2 Civic Square Carmel, IN 46032 Phone: (317) 571-2675 Email: dhaboush@carmel.in.gov Carmel Clay Schools Ron Farrand, Jr. Director, Facilities and Transportation Carmel Clay Schools Phone: (317) 815-3962 Email: rfarrand@ccs.k12.in.us BASIS OF PAYMENT: No direct payment will be made for coordination with City Services. Cost of all coordination shall not be paid for separately, but included in the cost of other items. SP-04 FAILURE TO COMPLETE ON TIME FOR ROAD CLOSURES The Standard Specifications are revised as follows: SECTION 108, AFTER LINE 455, INSERT AS FOLLOWS: The work specified shall be arranged and prosecuted such that the Spring Mill Road & 116th Street intersection is closed to traffic for not longer than 45 calendar days and 111th Street is closed to traffic for not longer than 30 calendar days. If the necessary work is not completed and the road reopened to traffic within the number of calendar days for closure shown, $2,500 will be assessed as liquidated damages, not as a penalty, but as damages sustained for each calendar day for which the street remains closed to traffic in excess of the number shown. Unless otherwise determined, an increase in quantities will increase the time allowed for the performance of the contract by the ratio of the final contract price to the original contract price. Only those pay items which must be constructed during the closure to traffic period will be considered when computing a time extension for the closure to traffic period. SP-05 – CLEARING RIGHT OF WAY No direct payment will be made for removal of any item other than those included in the itemized bid. Cost of removing all existing trees, signs, fences, curbs, sidewalks, pipes, drainage structures, and other items within the right-of-way shall be included in the cost of clearing right- of-way. SP-06 – CHEMICAL MODIFICATION OF SOILS DESCRIPTION This work shall consist of upgrading of mostly fine-grained soils by uniformly mixing small amounts of lime (3 to 6%) by weight to aid compaction by drying out wet areas, and to provide a working platform for subsequent construction. Actual locations shall be determined in the field and approved by Field Engineer. MATERIALS Material shall meet the requirements of Section 913 of the INDOT Standard Specifications. LIME 1. High calcium or dolomite Hydrated Lime (Ca(oH)2 + Mg(oH)2) shall have a minimum of 90% total available calcium hydroxide content and the hydrates must contain no more than 5% carbon dioxide content if sampled at the lime plant, or no more than 7% if sampled at the job site. 2. High calcium hydrated lime shall have a minimum available calcium hydroxide Ca(oH)2 content of 90%. The method used for determination of available lime shall conform to AASHTO T219-72 or ASTM C25. 3. Maximum Mechanical Moisture content shall be 4%. 4. Gradation: All hydrated lime shall conform to the following gradation requirement. At least 85% passing a No. 200 sieve (0.075 mm). Determination of particle size shall conform to the provision for wet sieving on ASTM C110. 5. Other lime products such as quicklime - high calcium (Ca0), Dolomite (CaO-MgO) or by-product lime (Kiln dust) may be substituted with approval by the Inspecting Engineer. WATER Water used for lime modification shall be in accordance with all applicable requirements of 913 and 913.01 of the INDOT Specifications, except that the minimum acceptable pH is 6.5. EQUIPMENT The machinery, tools, and equipment necessary for proper execution of the work shall be available on the project site and approved by the Inspecting Engineer prior to the commencing of construction operations. STORAGE AND HANDLING 1. Hydrated lime shall be stored and handled in closed weatherproof containers until immediately before distribution on the subgrade. Hydrated lime in bags shall be stored in weather protected conditions with adequate protection from ground dampness, and the facility shall be approved by the inspecting engineer prior to commencement of any lime work. 2. Each shipment shall be accompanied by a bill of loading and by a certificate of compliance stating conformance to the applicable specification requirements. 3. The Contractor shall take appropriate preventative and protective (safety) measure that shall be exercised by those working with this material. All safety measures shall comply with applicable OSHA requirements. MIXTURE COMPOSITION 1. Sample: At his own expense, the Contractor shall provide a minimum of 10 pounds (5 Kg) of lime and 100 pounds of (50 Kg) of soil to be used at least 30 days prior to the construction of the lime modified soils if requested by the Inspecting Engineer. 2. Mix Design: Lime will be proportioned within a range of 3 to 6 percent of soil (oven-dry basis). The required proportion of lime will be recommended by the Contractor and approved by the inspecting engineer prior to construction using samples of soil and lime. The inspecting engineer reserves the right to make such adjustments of lime proportioning as are considered necessary during the progress of the work within the range specified. Source or type of lime shall not be changed during the progress of the work without permission of the Inspecting Engineer. However, the inspecting engineer may choose to use different types of lime on different portions of the project, but shall not be mixed. CONSTRUCTION REQUIREMENTS: 1. Temperature and Weather Limitations: No lime modification shall be performed at a soil temperature less than 45ºF (7º C) and the air temperature rising, of subgrade soil when it is measured 4” (100 mm) below the surface. Lime shall not be mixed with frozen soils or with soil containing frost. 2. Preparation of Existing Roadway: All deleterious material, such as stumps, roots, turf, etc. and aggregate larger than 3” (75 mm) shall be removed. Any soft organic soils shall be removed as directed by the Inspecting Engineer. 3. Spreading of Lime: The roadbed shall be scarified or disked prior to distribution of the lime. The machine shall be of such design that a visible indication is given at all times that the machine is cutting to the required depth. The lime shall then be distributed uniformly over the surface by means of cyclone, screw-type, or pressure manifold type distributor. The Inspecting Engineer may reject any procedure which does not provide even distribution of lime. Lime shall not be applied when wind conditions are such that blowing lime becomes objectionable to adjacent property owners or creates a hazard to traffic on adjacent roadways. The spreading of lime shall be limited to the amount which can be incorporated into the soil within the same working day. In the event that rain intervenes causing cessation of work and exposure of the lime to washing or blowing, the Inspecting Engineer may require additional lime to be spread. 4. Mixing: The lime, soil and water (if necessary) shall be thoroughly blended by rotary speed mixers or a disc harrow. The mixing shall continue until a homogenous layer of the required thicknesses has been obtained and clods are broken down so that 100%, exclusive or rock particle, will pass a one-inch (25 mm) sieve and at least 60% will pass a No. 4 sieve (4.75 mm). The loose thickness of a single lime modified layer shall not exceed eight (8) inches (200 mm) if a disc harrow is used and fourteen (14) inches (355 mm) of a rotary speed mixer is used. 5. Compaction: Compaction of the mixture shall begin as soon as is practicable after mixing. In no case shall compaction be started later than three (3) days after mixing unless approved by the Inspecting Engineer. If compaction is to be delayed, the surface of the lime modified soil shall be crown-graded and sealed by either blade dragging or light rolling immediately after mixing. Compaction shall be continued until the Contractor has shown that the lime modified layer has a density not less than 100 percent within the special subgrade treatment zone and/or 95 percent, below special subgrade treatment zone, of the maximum dry density. The standard dry density of the lime treated soil shall be obtained by AASHTO T 99. The field in-place dry density will be obtained by the Contractor in accordance with AASHTO T 191. Aeration by means of further mixing, or the addition of water and further mixing may be required by the Inspecting Engineer to achieve the required compaction. 6. Finishing: When compaction of the lime modified soil is nearing completion, the surface shall be shaped to the required line, grades and cross section, and compaction continued until uniform and adequate compaction is obtained. The Inspecting Engineer reserves the right to determine the actual thickness of the completed and cured layer by coring or other means, and any deficient areas shall be acceptably corrected. METHOD OF MEASUREMENT Processing lime modified soils will be measured in square yards of the thickness specified. 1. Contract Quantities: When the project is constructed essentially to the lines, grades or dimensions shown on the plans and the Contractor and the Inspecting Engineer have agreed in writing that the plan quantities are accurate; no further measurement will be required. MEASURED QUANTITIES Processing lime-modified soils will be measured in place and the area computed in square yards (square meters). The width for measurement will be from 1 foot (300 mm) behind the curb to 1 foot (300 mm) behind the curb. All water used will be considered incidental to the work. BASIS OF PAYMENT This work will be paid for as follows: Pay Item Pay Unit Chemical Modification, Soils square yard The above pay item shall be full compensation for all labor, equipment, and materials, including lime material to complete the work. SP-07 EXISTING SECTION CORNERS The Hamilton County Surveyor’s office will be responsible for referencing and reestablishing all section corners within the project limits. The CONTRACTOR shall notify the Hamilton County Surveyor’s office a minimum of one week prior to disturbing any existing section corner monument. CONTRACTOR shall also notify the Hamilton County Surveyor’s office at the time the area around each section corner is approximately at final grade. Hamilton County Surveyor’s Office One Hamilton County Square Suite 188 Noblesville, IN 46060 (317)776-9627 ATTN: Mr. Jeff Powell, LS No direct payment will be made to coordinate the relocation of section corners with the Hamilton County Surveyor’s office. SP-08 EROSION CONTROL MEASURES The standard specifications are revised as follows: SECTION 108, BEGIN LINE 107, DELETE AND INSERT AS FOLLOWS: An amended Erosion Control Plan shall be submitted in accordance with 327 IAC 15-5 for those areas not included in the Department submittal or as necessary for changes initiated by the Contractor. Items to include consist of sequencing of operations, borrow and disposal areas, and haul roads as well as any revision to the Department’s submittal. If borrow and stockpile sites are used, the Contractor shall indicate the erosion and sediment control measures to be implemented and the sequencing of the erosion and sediment control measures to be used on the sites. The Contractor shall also state where the spoil from the project, if any, will be placed. The Contractor shall provide this information following the guidelines for Rule 5 (327IAC 15- 5). A separate NOI is required for any offsite work that exceeds 1 acre or 10,000 square feet within Carmel’s jurisdiction. The Contractor shall also submit a sequencing of the erosion and sediment control measures to be used on the project to: John South Hamilton County Soil & Water Conservation District 1717 Pleasant Street, Suite 100 Noblesville, IN 46060-6745 Any offsite borrow, stockpile, and spoil sites must be permitted by the IDEM Notice of Intent, NOI. The Contractor shall submit either a new IDEM NOI or revise the original NOI for the project. A copy of the revised NOI or the new NOI shall be given to the Engineer. All information shall be submitted and approved prior to land disturbing activities. All appropriate erosion control items shall be in place prior to disturbing the project site. A copy of the amended plan shall be provided to the Engineer. The CONTRACTOR must contact the following: IDEM Rule 5 Coordinator 317-233-1864 Hamilton County Soil and Water Conservation District 317-773-2181 City of Carmel Engineering/MS4 317-571-2441 and provide the actual start date for construction within 48 hours of the initiation of construction activity. The CONTRACTOR must notify the following individuals of the preconstruction meeting: Amanda Foley 317-571-2441 afoley@carmel.in.gov John Thomas 317-571-2441 jthomas@carmel.in.gov Robert Beck 317-234-5028 rbeck@idem.in.gov The CONTRACTOR must provide Amanda Foley a copy of the IDEM Notice of Intent (NOI) a minimum of 48 hours prior to the start of construction at the contact information shown below: City of Carmel Engineering/MS4 c/o Amanda Foley 1 Civic Square Carmel, IN 46032 317-571-2441 afoley@carmel.in.gov In the event of an environmental spill, the CONTRACTOR shall notify IDEM immediately at 1-888-233-7745. The Contractor shall designate one or more of its employees as an Erosion Control Supervisor. The Erosion Control Supervisor shall to be responsible for the preparation, submittal, and ensuring receipt of the approval of the amended erosion control plan. Such individual(s) shall also be responsible for obtaining all other necessary permits including the wetland inspection and archaeological record check and field survey in accordance with 203.08, and for all environmental inspections. Such individual(s) shall oversee the installation of all erosion control measures and shall conduct regular weekly and post-event inspections and perform all other tasks related to the installation, maintenance, and removal of erosion control measures. The Erosion Control Supervisor shall accompany personnel from IDEM or other governmental agencies, as required, during site visits by those agencies. And The Erosion Control Supervisor shall be responsible for completion of all reports in accordance with 205. A minimum of 10 days prior to commencing work, the Contractor shall prepare and submit to the Engineer, for approval, an erosion control plan that includes, at a minimum, the following items: (a) Locations of all proposed soil stockpiles, borrow areas, or disposal areas. (b) Locations of all proposed vehicle and equipment parking areas, vehicle and equipment fueling locations, placement of the site construction trailers, location of all on-site batch plants, and designated concrete truck washout areas. (c) Proposed construction sequence and phasing of erosion control measures. (d) Location of all construction entrances where vehicles and equipment will enter and exit the site. (e) Material handling and spill prevention plan, which shall include a list of expected materials that may be present on the site during construction operations, as well as a written description of how these materials will be handled to minimize the potential that the materials may enter the storm water runoff from the site. (f) Statements that the erosion control measures for the project shall, at a minimum, be inspected on a weekly basis and by the end of the next business day after every 1/2 in. (13 mm) rain event. (g) Monitoring and maintenance plan for erosion control measures. The name(s) of the designated individual(s) Erosion Control Supervisor shall be furnished the Engineer at, or prior to, the preconstruction meeting. Should the designated individual(s) need to be replaced during the contract, replacements shall be designated within seven calendar days and notification shall be furnished the Engineer. Permanent erosion control measures shall be incorporated into the work at the earliest practicable time as the construction progresses to stabilize the site. In order to minimize pollution to bodies of water, the practices and controls set out below shall be followed. (a) When work areas are located in or adjacent to bodies of water, such areas shall be separated by a dike or other barrier to keep contained. Sediment disturbance of these bodies of waters shall be minimized during the construction and removal of such barriers. (b) All waterways shall be cleared as soon as practicable of false-work, temporary piling, debris, or other obstructions placed during construction operations. (c) Water from aggregate washing or other operations containing sediment shall be treated by filtration, a settling basin, or other means sufficient to reduce the sediment content. (d) Pollutants such as fuels, lubricants, asphalt, sewage, wash water, or waste from concrete mixing operations, and other harmful materials shall not be discharged into existing bodies of water. (e) All applicable regulations and statutes relating to the prevention and abatement of pollution shall be complied with in the performance of the contract. Construction must be sequenced in a manner to ensure positive drainage throughout the project during construction. Wherever construction plans indicate the removal and replacement of an existing structure, the replacement structure shall be installed so as not to cause adverse affects to adjoining property owners. The construction phasing should include the proper sequence and rapid stabilization of all the proposed ditches. The project shall be staged in a manner that will limit the amount of disturbed land. The areas affected by Maintenance of Traffic Phases I and II measures shall be substantially stabilized prior to the beginning of operations associated with Maintenance of Traffic Phases III and IV. SECTION 108, AFTER LINE 177, INSERT AS FOLLOWS: The cost of preparation of the erosion control plan shall be included in the cost of the various erosion and sediment control items. SECTION 205, AFTER LINE 33, INSERT AS FOLLOWS: Temporary erosion control measures shall be placed as soon as possible. Silt fence and sediment traps shall be installed prior to beginning earth disturbing activities. Temporary seeding and mulching shall be placed on disturbed areas that are expected to be undisturbed for over 7 days or as directed by the Engineer. Check dams shall be installed as soon as possible in areas of construction. Once ditches are to grade, permanent erosion control measures shall be placed as soon as possible and no later than 5 workdays after ditch grading is completed. During construction, if ditch flow patterns change, erosion control measures may need to be moved or adjusted so that no areas are left unprotected. Sediment shall be removed from check dams and other erosion control measures periodically so that those measures function as intended. Pipe end sections and anchors shall be placed when the structure is installed. If the pipe end sections or anchors cannot be placed at the same time, temporary riprap splashpads shall be placed at the outlets of the pipes until the pipe end sections or anchors can be placed. All existing inlets and/or pipes shall be protected from sediment during construction using INDOT approved methods prior to capping, replacing, or removing. SECTION 205, AFTER LINE 108, INSERT AS FOLLOWS: (o) Stable Construction Entrance The Contractor shall provide a stable construction entrance at the points where construction traffic will enter onto an existing road. This entrance will serve the purpose to prevent soil from leaving the construction area and keep the existing roadway free of sediment. This entrance shall include a geotextile fabric underliner, be a minimum of 12 ft wide, 50 ft long, and constructed of 12 in. of No. 2 stone. The radii shall be large enough to accommodate the vehicles utilizing the entrance. Additional stone may be required, as directed, to maintain the usefulness of the stable construction entrance. Where there in insufficient room for a stable construction entrance, other measures shall be taken to prevent the tracking of sediment onto the pavement, the Contractor shall maintain entrances including, but not limited to, reshaping as needed for proper drainage and top dressing with clean stone as needed. The contractor is also responsible for the clean up of any debris that may be tracked onto the existing roadway from the construction site. (p) Concrete Washout The Contractor shall provide a concrete washout system in accordance with the specifications, installation, and maintenance described in the “Indiana Storm Water Quality Manual.” (q) Filter Tubes The Contractor shall install, construct, and maintain filter tubes in accordance with the “Indiana Storm Water Quality Manual.” The minimum filter tube size shall be 18 inches. (r) Dewatering Structure The Contractor shall provide dewatering structure in accordance with the specifications, installation, and maintenance described in the “The City of Carmel Stormwater Technical Standards Manual.” SECTION 205, AFTER LINE 118, DELETE AND INSERT AS FOLLOWS: 205.04 Maintenance Temporary erosion and sediment control measures shall be inspected by the Contractor’s Erosion Control Supervisor once every seven days and after each rain activities activity. Inspections shall be documented and records shall be maintained by the Contractor, to be made available for review upon request. Records shall include, at a minimum, the date, the inspector’s name, the maintenance and corrections needed based on this inspection, and the status of previously identified deficiencies. The temporary protection measures shall be returned to good working conditions within 48 hours after inspection or as directed. Sediment shall be removed as approved and disposed of in accordance with 201.03 and 203.08. Inspection records shall be kept until the entire contract is complete and has been permanently stabilized. SECTION 205, BEGIN LINE 136, DELETE AND INSERT AS FOLLOWS: 205.06 Method of Measurement Filter tubes, silt fence and straw bale check dams will be measured by the linear foot (meter). Straw bale check dams will be measured once per dam parallel to the dam and at the widest point. Sediment basins will be measured by the units installed complete in place. Revetment riprap check dams, sediment traps, and splashpads will be measured by the ton (megagram). The measurement of temporary revetment riprap check dams will include the revetment riprap and the No. 5 filter stone. Measurement of sediment traps will include the riprap and the No. 8 filter stone. Temporary mulching will be measured by the ton (megagram). Temporary seeding will be measured in accordance with 621.13. Removal of sediment will not be measured by the cubic yard (cubic meter) for payment. Revetment riprap will be measured in accordance with 616.12. Slope drains will be measured in accordance with 715.13. Ditch inlet protection will be measured per each unit installed. Construction and maintenance of stable construction entrances, concrete washout systems, and dewatering structures will not be measured for payment. SECTION 205, BEGIN LINE 156, DELETE AND INSERT AS FOLLOWS: 205.07 Basis of Payment The accepted quantities of silt fence and filter tubes will be paid for at the contract unit price per linear foot (meter), complete in place. Temporary mulching will be paid for by the ton (megagram). Temporary seeding will be paid for in accordance with 621.14. Sediment basins will be paid for at the contract unit price per each unit installed. Check dams, revetment riprap; sediment traps; and splashpads will be paid for by the ton (megagram). Check dams, straw bales will be paid for by the linear foot (meter). Revetment riprap will be paid for in accordance with 616.13. Slope drains will be paid for in accordance with 715.14. Removal of sediment will be paid for at the contract unit price per cubic yard (cubic meter) in the cost of the respective items. Ditch inlet protection will be paid for at the contract unit price per each unit installed. The cost of constructing, maintaining, and removal of stable construction entrances, concrete washout systems, and dewatering structures shall be paid for in the cost of the other temporary erosion and sediment control pay items. All materials, labor and equipment required for installation, inspection, maintenance, and removal of filter tubes will be included in the cost of the filter tubes. SECTION 205, BEGIN LINE 172, DELETE AND INSERT AS FOLLOWS: Payment will be made under: Pay Item Pay Unit Symbol Liner for Retention Pond............................................................................ LS Sediment, Remove..........................................................................CYS (m3) Splashpad, Riprap.......................................................................... TON (Mg) Temporary Check Dam, Revetment Riprap .................................. TON (Mg) Temporary Check Dam, Straw Bales ................................................LFT (m) Temporary Ditch Inlet Protection.........................................................EACH Temporary Mulching..................................................................... TON (Mg) Temporary Sediment Basin ..................................................................EACH Temporary Sediment Trap............................................................. TON (Mg) Temporary Silt Fence ........................................................................LFT (m) Temporary Slope Drain .....................................................................LFT (m) Temporary Filter Tube, 18in…………………………………………….LFT (m) SECTION 205, BEGIN LINE 210, DELETE AND INSERT AS FOLLOWS: The cost of maintenance, except for including the removal of sediments, and removal of temporary erosion and sediment control items shall be included in the cost of the respective items. SP-09 - APPLICABLE SPECIFICATIONS The applicable sections of the following documents shall apply except as modified elsewhere herein: 1. Indiana Department of Transportation (INDOT) Standard Drawings and Standard Specifications – 2012. 2. INDOT Supplemental Specifications 3. City of Carmel - Standards for Construction of Required Improvements Unless otherwise specified within the Contract Documents, whenever any specification, standard, reference material, manual or other similar document is incorporated by reference into any of the contract documents, it shall be deemed to be the latest edition of said item including any and all supplemental addendum, which was in effect on the date of the bid opening for this project. SP-10 - MATERIAL TESTING CONTRACTOR shall be responsible for all testing and sampling of all materials and/or provide certification of materials in accordance with the Indiana Department of Transportation Standard Specifications and the Materials and Tests Frequency Manual. The CONTRACTOR shall select an independent testing service, approved by the Engineer, to provide all laboratory tests and field tests. The CONTRACTOR shall provide certified test results and material certifications to the Engineer in a timely manner. Required sampling and testing under this special provision shall include but not be limited to QC/QA HMA material sampling and testing, proctor analysis and density testing of embankments, subgrade, and pipe structure backfill. The cost of providing samples and testing shall not be paid for directly but shall be included in the cost of other items. Exception: The ENGINEER will be responsible for conducting concrete sampling and testing for compressive strength requirements, air content, relative yield, and slump. SP-11 – INTERMEDIATE COMPLETION DATE Intermediate completion is described as follows: 116th Street and Spring Mill Road shall be fully open to traffic. Regulatory signs, warning signs, and lighting shall be installed and functioning prior to opening to traffic. Contractor may open to traffic on intermediate HMA. If opened to traffic on intermediate HMA, contractor shall install temporary pavement markings in accordance with final striping plans. Temporary pavement markings placed shall not be paid for directly, but shall be included in the lump sum price for “Maintaining Traffic”. SP-12 - DECORATIVE CONCRETE COLORING AND JOINTING DESCRIPTION This work shall consist of the coloring and jointing of concrete for curb ramps, concrete medians, and roundabout truck aprons. SUBMITTALS A. Samples for Color Verification: 1. Submit sample chips of specified colors indicating color additive numbers and required dosage rates. Samples indicate general color and may vary from concrete finished in field according to Specifications. B. Product Data: For each type of manufactured material and product indicated. C. Colored Concrete Mock-Up: 1. At location on Project selected by Engineer, place and finish 4 x 4 feet area for each type of finish specified. Demonstrate methods of obtaining consistent visual appearance, including materials, workmanship, and curing method to be used throughout Project. 2. Retain samples of cements, sands, aggregates and color additives used in mock-up for comparison with materials used in remaining Work. 3. Accepted mock-up provides visual standard for work of Section. 4. Mock-up may remain as part of Work, as directed by Engineer. Remove when no longer required for comparison with finished work. MATERIALS A. Concrete shall be in accordance with the plans and Section 500 of the INDOT Standard Specifications. B. The concrete color shall be “GREEN SLATE” as manufactured by DAVIS COLORS; phone 800- 356-4848, e-mail info@daviscolors.com, or internet www.daviscolors.com. C. Colored concrete will be an integral coloring application, with coloring additives mixed in accordance with manufacturer's instructions. Mix until color additives are uniformly dispersed throughout mixture. D. Curing Compound for Colored Concrete: Curing compound shall comply with ASTM C309 and be approved by color additive manufacturer for use with colored concrete. Provide JS Clear Coat Sealer or approved equals on all surfaces.. E. Admixtures: Do not use calcium chloride admixtures. CONSTRUCTION REQUIREMENTS A. Prepare subgrade and install colored concrete in accordance with the plans and Section 500 of the INDOT Standard Specifications, except as noted herein. B. Joints shall be tooled in patterns indicated on plans, or as noted herein. Roundabout truck aprons shall be scored radial to the center point of the roundabout in a 24-inch grid pattern. Median pavements and curb ramps shall be scored in a 12-inch grid pattern perpendicular to the roadway. C. Tooled Joints: Form joints after initial floating by grooving and finishing each edge of joint with grooving tool to a 1/4-inch radius. Repeat grooving of contraction joints after applying surface finishes. Eliminate tool marks on concrete surfaces. Edges of colored concrete not contained by standard concrete shall be tooled in the same manner. D. Finish: Colored concrete shall have a broomed finish. Pull broom across freshly floated concrete to produce texture indicated in straight lines perpendicular to main line of traffic. Do not dampen brooms. Roundabout truck aprons shall have a light broom finish. Medians and curb ramps shall have a medium broom finish. E. Curing: Apply curing compound for colored concrete in accordance with manufacturer's instructions. Apply curing compound at consistent time for each pour to maintain close color consistency. F. Protect adjacent finished surfaces from splatters. G. Do not add water to concrete at job site, fog or spray surface with water, or put into pumps or onto tools or brooms. H. Do not apply color additives meant for integral coloring to surface of concrete. METHOD OF MEASUREMENT A. Decorative Concrete Pavement, Truck Apron, will be measured by the square yard. B. 4-inch decorative concrete will be measured by square yard. C. Concrete Curb Ramps will be measured by the square yard. BASIS OF PAYMENT A. The accepted quantities of Decorative Concrete will be paid for at the contract unit price per square yard. B. Payment will be made under: PAY ITEM UNIT Decorative Concrete Pavement, Truck Apron Square Yard Decorative Concrete, 4 IN. Square Yard Curb Ramp Concrete, (type) Square Yard Compacted Aggregate, 0, 53 Ton The cost of all labor and materials required to prepare the concrete curb ramps, including the finishing of the detectable warning surfaces shall be included in the unit cost of concrete curb ramps SP-13 - REMOVAL OF EXISTING HMA PAVEMENT All existing HMA pavement within the areas of total reconstruction shall be sawcut at the limits and removed through the use of a milling apparatus and reused as fill throughout the project. UNIT COST The cost of removing full depth existing HMA Pavement shall be paid for as “Common Excavation” per cubic yard of pavement removed, and shall include the cost of sawcutting and reusing the material on the project. SP-14 – ROUNDABOUT PAVEMENT MARKINGS CONTRACTOR shall contact design engineer a minimum of two (2) business days prior to pavement marking layout within the roundabout. ENGINEER must approve the layout of pavement markings within the roundabout prior to the installation of pavement markings. No direct payment will be made for coordination of pavement markings with design engineer, but should be included in the cost of other items. SP-15 – DECORATIVE STREET SIGNS Street signs shall be installed at the locations indicated on the project plans and in accordance with all INDOT and Carmel specifications. All street signs shall be in accordance with details SS–1 and SS-2 included with these technical specifications. Text should be in accordance with text shown in details SS-3 through SS-7. All street identification signs shall be two sided. CONTRACTOR shall prepare shop drawings for each proposed sign and submit to ENGINEER for approval prior to sign fabrication. UNIT COST The cost of the decorative street sign assemblies shall be paid for as “Decorative Street Sign Assembly, Installed” per unit price for each installed and shall include two double sided street identification signs and surrounds, two arms, one sign post, one foundation, one finial, accessories and all other related items required for installation. 12" 6 " 1 0 '-8 " 8 '-0 " H O L D 1 0 "± 1 0 "± 1 0 "± 7 "± 3 '-6 " DRAWING 10-8A STANDARD STREET SIGNAGE DETAIL CITY OF CARMEL STANDARDS INTENT OF DETAIL IS TO DUPLICATE THE EXISTING STREET NAME SIGN POSTS (STYLE, SIZE, FONT, AND COLOR) USED ON MAIN STREET AND NORTH RANGELINE ROAD IN CARMEL. FINISH TO BE BLACK POWDER COATED COLOR. ALL STREET NAME SIGNS TO BE TWO SIDED. OAK RIDGE ROAD GRADE LINE POLE SHAFT (3" O.D. ROUND ALUMINUM TUBE, NON FLUTED, 18" WALL, BLACK POWDER COATED FINISH) TRAFFIC SURROUND (1" SQUARE ALUMINUM TUBE, 1 8" WALL, BLACK POWDER COATED FINISH) SIGN, D3 (0.125" ALUMINUM SIGN, BLACK INSERT WITH 6" WHITE VINYL GRAPHICS, TIMES "D" SERIES, AS PER CARMEL D.O.T. 1" ROUND ALUM. BRACKET ARM., 18" WALL, TUBE CAST DECORATIVE BRACKET AND FINIAL BALL. BLACK POWDER COATED FINSH. ACORN FINIAL TYP. BLACK POWDER COATED FINISH CONCRETE FOUNDATION (TYP.) 1' MIN. TO FACE OF CURB NO SCALE STREET SIGNAGE DETAIL NOTES: OAK RIDGE ROAD DRAWING 10-8B STANDARD STANDARD BLADE DIMENSION DETAIL CITY OF CARMEL STANDARDS 44"1" MIN. 1" 6" 1" 1" 1" 1" 1"1" MIN. ALL STANDARD CUSTOM BLADES HAVE A SPACE OF 44" FOR STREET NAMES. THEREFORE, LETTERING WIDTH SHALL BE ADJUSTED SO THAT STREET NAME FILLS THIS 44" SPACE AND SHOP DRAWINGS SHALL BE APPROVED BY THE CITY OF CARMEL. FOR NUMERICAL STREETS, THE SUBSCRIPT SHALL BE 3" IN HEIGHT AND PLACED ON THE UPPER HALF OF THE 6" SPACE FOR LETTER PLACEMENT. THE WORD INDICATING STREET, ROAD, PARKWAY, ETC. MAY BE ABBREVIATED OR SPELLED OUT DEPENDING ON THE STREET NAME, FOR EXAMPLE: 96 STREET MAIN STREET WESTFIELD BLVD. PENNSYLVANIA ST. TH FOR LESS LENGTHY STREET NAMES OR FOR LENGTHY STREET NAMES GENERAL NOTES: IF CUSTOM SIGNAGE IS NECESSARY AND THE STANDARD BLADES CANNOT ACCOMODATE THE INFORMATION, LARGER BLADES CAN BE SUBMITTED FOR APPROVAL. ANY CUSTOM BLADES OVER 48" IN LENGTH SHALL BE PLACED ON TWO CUSTOM POSTS. ALL STREET ID SIGNS AT STANDARD INTERSECTIONS SHALL BE TWO SIDED UNLESS DIRECTED OTHERWISE. ALL STREET ID SIGNS AT ROUNDABOUT INTERSECTIONS OR THAT ARE FOR ONE DIRECTION OF TRAVEL SHALL BE ONE SIDED UNLESS DIRECTED OTHERWISE. 1. 2. 3. NO SCALE STANDARD BLADE DIMENSION SP-16– SAWCUTTING No direct payment will be made for sawcutting existing curb and gutter or pavement. Cost of sawcutting shall be included in the cost of other items. SP-17 – ADJUST CASTING TO GRADE Any existing drainage structure not to be removed located within the construction limits shall be adjusted to grade in accordance with details included in the project plans. If adjustments are in excess of 12 inches, additional manhole sections shall be added in accordance with manhole details. UNIT COST The cost of adjusting the castings to grade, including the addition of any manhole sections shall be paid for as “Casting, Adjust to Grade” per unit price for each. SP-18 DRAINAGE STRUCTURES Construction of all new inlets involving existing structures shall be accomplished such that the existing pipe structure shall not be damaged. Where a new casting is to be fitted to an existing catch basin or an existing casting is to be fitted to a new inlet, or existing casting is to be adjusted to grade, or a new end section is to fitted to an existing pipe, all dimensions and conditions shall be checked in the field. The Contractor shall assume responsibility for their correctness and fit. The costs of the removal of headwalls and cleanup of the existing pipe shall be included in the costs of the pay items for the new drainage structures. All existing structures damaged during construction shall be replaced with no additional payment. SP-19 – PIPE END SECTIONS All pipe end sections shall be reinforced concrete pipe end sections. UNIT COST The cost of end sections shall be paid for as “Pipe End Section, (size)” per unit price for each installed for the size specified, and shall include all labor and materials required. SP-20 - CABLE INTERDUCT Project plans indicate the installation of an empty cable interduct throughout the project limits for future use. Handholes shall be placed at locations designated by the field engineer, but should be spaced no greater than 400 ft apart. A handhole shall be installed at the beginning and terminus of each cable interduct run. The proposed interduct system shall be constructed as indicated on the project typical sections. Upon completion of cable interduct installation, CONTRACTOR shall submit station and offset information for all cable interduct handholes to field engineer. UNIT COST The cost of interduct shall be paid for as “Cable Interduct” per lineal foot of cable interduct installed, and shall include the installation of both 4” PVC Pipes, interduct, #10 Copper tracing wire, polyethylene identification tape and all other related items necessary to install the cable interduct in accordance with project plans. The cost of Handholes shall be paid for as “Handhole, install” per each installed, and shall include the material and labor necessary to install the handhole, and providing stations and offsets to field engineer upon completion of installation. SP-21 – SANITARY SEWER MANHOLES An existing sanitary sewer trunk line runs along 116th Street. Manholes have been located in the plans and called out to be adjusted to grade. If adjustments are in excess of 12 inches additional manhole sections shall be added in accordance with manhole details. All work in association with sanitary manholes shall be per Clay Township Regional Waste District Specifications UNIT COST The cost of adjusting the castings to grade, including the addition of any manhole sections shall be paid for as “Casting, Adjust to Grade” per unit price for each. SP-22 - TOPSOIL Description This work shall consist of the testing, placement, and installation of topsoil in accordance with these requirements, the INDOT Standard Specifications, and as indicated on the plans. Materials Materials shall be in accordance with Section 914.01 of the INDOT Standard Specifications as follows: A. 914.01 Special Topsoil for Roadside Development – This topsoil shall consist of loose friable soil, free of refuse, stumps, large roots, rocks over 2 in (50mm) in diameter, brush, weeds, or other material which would be detrimental to the proper development of vegetative growth. It shall be capable of supporting normal vegetation as demonstrated by the growth of healthy vegetation on it. It shall not be taken from a source known to contain any noxious weeds defined as such in the Indiana State Seed Law, IC 15-4-1. 1. Topsoil shall have a pH value of 6.2 to 7.4. Testing for pH value shall be performed in the field in accordance with the procedure set out in the Purdue University Agriculture Experiment Station Bulletin No. 635 or in a qualified laboratory in accordance with the procedure set out in the Cornell Experiment Station Bulletin 960, using a one to one Soil-Water Suspension. Agriculture limestone may be added to topsoil, as directed by ENGINEER, in order to raise the pH to meet specification requirements. Topsoil shall not be incorporated into the work until it is approved. B. Topsoil Source: Import topsoil or manufactured topsoil from off-site sources as necessary. Obtain topsoil displaced from naturally well-drained construction or mining sites where topsoil occurs at least 4 inches deep; do not obtain from bogs or marshes. On site soil may be used, provided it complies with the requirements for topsoil listed herein. C. Topsoil Analysis: Furnish soil analysis by a qualified soil-testing laboratory stating percentages of organic matter; gradation of sand, silt, and clay content; cation exchange capacity; sodium absorption ratio; deleterious material; pH; and mineral and plant-nutrient content of topsoil. 1. Report suitability of topsoil for lawn and specified planting growth. State recommended quantities of nitrogen, phosphorus, and potash nutrients and soil amendments to be added to produce satisfactory topsoil. 2. Soil-Testing Laboratory Qualifications: An independent laboratory, recognized by the State Department of Agriculture, with the experience and capability to conduct the testing indicated and that specializes in types of tests to be performed (such as A&L Great Lakes Laboratories, Inc., 3505 Conestoga Drive, Ft. Wayne, IN 46808, 260.483.4759). 3. Topsoil test results shall be supplied to the ENGINEER including applicable copies of supplemental documentation as follows: i. Indiana State Seed Law, IC 15-4-1. ii. Purdue University Agriculture Experiment Station Bulletin No. 635 iii. Cornell Experiment Station Bulletin 960 D. Materials that do not meet these requirements shall not be incorporated into the work as topsoil. Construction Requirements A. If existing soil suitable for amendment, as determined by the ENGINEER, is not available in sufficient quantities onsite, Topsoil shall be furnished at the contract unit price for Topsoil. B. Topsoil is to be placed on all plant beds, disturbed areas, and seeded or sod areas to a minimum depth of six (6) inches or as directed by the ENGINEER. The ENGINEER may authorize an additional excavation in areas designated to be seeded, sodded, or landscaped. Payment for additional cut, beyond the finished grade, required to place topsoil at the ENGINEERS direction will be made at the contract unit price for Common Excavation C. In addition to B. above, topsoil is to be placed in medians and roundabout islands at a minimum depth of one (1) foot or as directed by the ENGINEER. Method of Measurement Topsoil will be measured by the cubic yard in accordance with Article 211.09. Basis of Payment The accepted quantities of topsoil will be paid for at the contract unit price per cubic yard. Payment will be made under: Pay Item Pay Unit Symbol Topsoil CYS SP-23 – IRRIGATION CONDUIT This work shall consist of placing irrigation conduits in trenches at stations listed in the table below and into the roundabout as illustrated in the plans. Irrigation trenches shall contain two 4-inch conduits laid in the same trench. Conduit material shall be schedule 40 PVC. The ends shall be marked with buried, metal bars for location in the future and will be marked on the curb by the inspection unit and noted on the as-builts. Conduits shall be placed from one side of the road to the other. The ends of the conduit shall be in between the path and the back of the curb on each side of the roadway. If an irrigation conduit crosses an underdrain, the conduit shall be placed above the underdrain and backfilled with No. 8 aggregate. UNIT COST The cost of irrigation conduit shall be paid for as “Irrigation Conduit” per lineal foot of irrigation trench, and shall include all labor, equipment, and materials required for installation, including, but not limited to, backfill, aggregate, conduit, and location bars. SP-24 – CATCH BASIN HOODS Wherever the plans indicated a Catch Basin a Catch Basin Hood shall be included in accordance with INDOT Standard Drawing E 720-CBST-09. The cost of Catch Basin Hoods shall not be measured for payment, but shall be included in the cost of related pay items. SP-25 – RAISED PAVEMENT MARKERS This work shall consist of the installation of blue snowplowable raised pavement markers at the locations of all hydrants. This work shall be in accordance with all applicable INDOT specifications. UNIT COST The cost of installing the raised pavement markers shall be paid for as “Snowplowable Raised Pavement Marker” per unit installed. SP-26 – WATER MAIN All improvements associated with the water main installation shall be constructed to conform with the most current requirements, standard drawings and specifications of City of Carmel Utilities including all required testing, inspection and record drawing requirements. Water utility standards for installation & relocations can be found at: http://www.carmel.in.gov/services/wateroperations/waterops.html SP-27 – SANITARY SEWER All improvements associated with the sanitary sewer installation shall be constructed to conform with the most current requirements, standard drawings and specifications of Clay Township Regional Waste District including all required testing, inspection and record drawing requirements. CAPPED INLET TS-32 IN20040222 SP-28 TEMPORARY CAPPED INLET Structures 700, 701, 702 and 703 are to ultimately tie to a drainage system constructed by an adjacent development. These structures shall be temporarily capped in such a manner that water does not infiltrate the structure, but is able to flow across the top to an existing swale on the south side of 116th Street. Actual construction methods used shall be determined by the contractor. The edges of concrete curb adjacent to temporary capped structures shall be straight and clean. Castings shall be provided for these structures and will become the property of the City. Such castings shall be placed in a location as directed by the City. The cost of excavation, backfill, reinforcing steel, structure backfill, concrete collar required for pipe connection to structures, removal, disposal and replacement of pavement, or surface material, casting removal, installation of concrete cap, HMA wedge, damage repair to pavement and shoulders, and necessary incidentals shall be included in the cost of the pay items. SP-29 – HIGH PRESSURE GAS LINE An existing 18” steel gas transmission line crosses the proposed construction as approximate station 19+50 “PR-A”. The Contractor shall verify the depth of the existing gas line and verify clearance between the proposed storm sewer prior to commencing any construction activity. No construction or excavation activities of any description, including building construction and demolition, blasting, grading, strip mining, trenching for tile, gas, oil, electric, phone, water and sewer lines and logging operations shall be conducted within the easement area of gas pipeline(s) or electric line(s) before the actual location of its gas or electric facilities have been established. Suitable arrangements can then be made for the protection of Vectren Energy Delivery of Indiana facilities and the needed working areas for access thereto. A Vectren Energy Delivery of Indiana on-site inspector requirement shall be coordinated prior to any work during construction activity within a gas or electric easement. Vectren Energy Delivery of Indiana does not waive any rights it may have in support of or in connection with the use and operation of its facilities in the area. All work within the Vectren Energy Delivery of Indiana gas and/or electric line easements must have and approved and fully executed encroachment or field construction agreement prior to construction activity. Should failure to acquire the above agreements occur or the actual encroachment fail to conform to the approved proposed encroachment, Vectren Energy Delivery, Inc. has the right to require the modification or removal of all or a portion of the encroachment at the sole expense of the owner, developer and/or contractor. SP-30 EXISTING CONDITIONS The CONTRACTOR shall verify the elevations and measurements of all points where new construction is to match existing conditions prior to the commencement of any construction activities. No direct payment shall be made for this work but the cost thereof shall be included in the costs of the other items of the contract. SP-31 PENDING PERMITS The Rule 5 Permit application for this project has been submitted to the Indiana Department of Environmental Management (IDEM) for review. The anticipated date for approval is 06/01/2012. The Contractor shall not commence any construction activity for this project until this permit is received. SP-32 - DECORATIVE STREET LIGHTING Street Lighting shall be installed at the locations indicated on the project plans and in accordance with all INDOT Specifications. Poles, Arms, Decorative Base. All decorative light poles and arms shall be manufactured by Spring City Electrical Manufacturing Company and include a two-piece base or wrap. Air spray the pole interior with Ensign 197B rust inhibitive base coating. Sandblast the outside of the poles and all lighting accessories to SSPC-SP5 commercial blast and Prime 1 coat recoatable epoxy primer 3-6 mils dry film thickness (D.F.T.). Finish 1 coat polyurethane enamel corothane, polane 2.9 plus or hi-solids polyurethane 2-3 mills (D.F.T.). Finish color shall be black. Luminaires. All decorative luminaires shall be Port Huron Style Luminiare, 250 Watt Metal Halide, Mogul Base Socket, 120 Volt, Teardrop Type II Glass Door, Decorative Deep Skirt, Black Finish with GE (MVR250/C/U) 250 MH Coated Mogul Base “E” Lamps, as manufactured by Holophane, catalog number PHU250MH12B2 DS, with IES Distribution II-S-C and photometric curve 102043. Foundation. Foundations shall be constructed in accordance INDOT standard drawings, and as approved by the OWNER. Lighting Service Point. All lighting service points shall be in accordance with detail LPD-1. As a minimum, the CONTRACTOR shall provide the NEMA-4X, weather tight, aluminum or stainless steel P-1 cabinet. The cabinet shall be furnished with a standard Corbin #2 Lock and two keys. A service entrance rated panelboard with a minimum of twelve circuit breakers shall be provided with any unused circuits labeled spare. The photo cell for lighting only shall be provide and placed on top of the control cabinet and shall have an internal, manual-off-auto selector switch. The distribution panel cabinet shall have a powder coated black finish that is to match the light poles and mast arms. The Type P-1 foundation will be required and shall be installed such that the exposed portion of the concrete foundation is within 6” of finish grade with foot pad flush to finish grade unless directed otherwise by the Owner or Owner Representative. In addition to the conduit required for lighting circuits, 2 additional 4” conduits shall be installed from the foundation directly to the roundabout, if applicable, and 1 – ¾” conduit will be required from the foundation to the nearest light pole foundation. These shall have pull strings installed for future use. UNIT COST The cost of the decorative street lights shall be paid for as “Decorative Street Light, Wiring and Installation” per unit price for each installed and shall include pole, arms, base, luminaire, foundation, anchor bolts, electrical fittings, internal wiring and accessories, and all other related items. Labor, equipment, and materials required for installation of the lighting power distribution panel, and all incidental coordination and construction shall be included within the unit price of “Lighting Power Distribution Panel”. The CONTRACTOR shall be responsible for coordinating with power company for nearest power pedestal. The cost of cable duct shall be paid for as “Wire, No. 4, Copper, in plastic duct, in trench, 4 1/C” per lineal foot installed, and shall include all excavation, material, and labor necessary to install the cable duct. SP-33 – ALTERNATE BID Utility Services Alternate Bid The Utility Service Alternate includes the installation of 2,958 lineal feet of 12” ductile iron water main and all necessary fittings, fixtures and appurtenances along the west side of Illinois Street between 111th Street and 116th Street and a 12” stub across Illinois Street for future development. In addition, the alternate includes the installation of 135 lineal feet of 10” sanitary sewer and two sanitary sewer manholes crossing Illinois Street approximately at Line A - Station 47+00. The contractor shall include all required costs associated with this installation, including but not limited the furnishing of tools, materials, labor and equipment as necessary to complete the work in accordance with the contract documents. Project Award Award will be made to the lowest, responsive, responsible Bidder as determined by the Owner. The award of the Contract may be made on the Base Bid only, or Base Bid plus Alternate Bid. SP-34 – HMA FOR APPROACHES Whenever plans indicate HMA for approaches, the existing pavement adjacent to the approach or widening shall be sawcut to provide a smooth transition from existing pavement to the approach pavement. UNIT COST The cost of HMA for Approaches shall be paid for as “HMA for Approaches, Type __” per ton of HMA installed, and shall include the cost of sawcutting existing pavement adjacent to the widening or approach area. The cost of excavating in widening areas has been included in the earthwork balance and shall be paid for as “Common Excavation” per cubic yard of material excavated.