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HomeMy WebLinkAboutKeystone parkway #07-08C1 CIB_116th streetPROJECT MANUAL FOR CITY OF CARMEL, INDIANA PROJECT: Keystone Parkway and 116th Street / Carmel Drive Advanced Maintenance of Traffic (Project No. 07-08C-1) Prepared by: 7260 Shadeland Station, Indianapolis, IN 46256-3957 TEL 317.547.5580 FAX 317.543.0270 SEPTEMBER 2008 IF THERE ARE ANY QUESTIONS CONCERNING THE CONTRACT DOCUMENTS, PLEASE CONTACT CRAIG PARKS, PE IN20030661 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 Article 15 - Dispute Resolution G-50 Article 16 - Miscellaneous G-52 Attachment A to Article 15 G-58 SUBJECT PAGES TECHNICAL SPECIFICATIONS SP-1 Qualification of Contractors TS-1 SP-2 Applicable Specifications TS-2 SP-3 Manual on Uniform Traffic Control Devices TS-3 SP-4 Geotechnical Evaluation Report TS-4 SP-5 Statements about Existing Conditions TS-5 SP-6 Use of Cones in Lieu of Drums TS-6 SP-7 Traffic Control Changes and On-Call Maintenance TS-7 SP-8 Work Hour Restrictions TS-8 SP-9 Keystone Lane Closure Times TS-9 SP-10 Maintenance of Traffic for Crossover, Culvert and Shoulder Construction TS-10 SP-11 Failure to Complete on Time for Calendar Completion TS-11 SP-12 Coordination with City Services TS-12 SP-13 Temporary Erosion Control Measures TS-13 SP-14 Temporary Curb Inlet Protection TS-14 SP-15 Catch Basin Hoods TS-15 SP-16 Reporting Subcontract Payments TS-16 SP-17 Determination and Extension of Contract Time TS-17 SP-18 Cost Reduction Incentive TS-18 SP-19 Stockpiled Materials TS-19 SP-20 Clearing Right of Way TS-20 SP-21 Sawcutting TS-21 SP-22 B Borrow and Structure Backfill TS-22 SP-23 Chemical Modification of Soils TS-23 SP-24 Material Testing TS-24 SP-25 Concrete Pavement TS-25 SP-26 Removal of Guardrail TS-26 SP-27 Guardrail Blockouts TS-27 SP-28 Capping Cut and Fill Slopes Steeper Than 3:1 TS-28 SP-29 Drainage Structures TS-29 SP-30 Storm Sewer Pipe TS-30 SP-31 Certification for Temporary Traffic Control Devices TS-31 SP-32 Worksite Additional Penalty Signs TS-32 SP-33 Traffic Control Device Report Form TS-33 SP-34 Temporary Concrete Traffic Barriers TS-34 SP-35 Temporary Pavement Markings TS-35 SP-36 Stormwater Treatment Systems TS-36 SP-37 Dewatering TS-37 SP-38 Wingwalls and Headwalls for Precast Concrete Box Culverts TS-38 SP-39 Permits TS-39 NOTICE TO BIDDERS City of Carmel, Indiana Department Board of Public Works and Safety One Civic Square City of Carmel, Indiana 46032 Project: Keystone Parkway and 116th Street / Carmel Drive Advance Maintenance of Traffic City of Carmel Project #07-08C-1 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 October 15th, 2008, 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 – Keystone Parkway and 116th Street / Carmel Drive Advance Maintenance of Traffic, City of Carmel Project #07-08C-1”. 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 conference for discussions of the Project, the bidding requirements and other important matters will be held on October 7th at 10:30 AM in the Caucus Room on the 2nd Floor of City Hall (One Civic Square). All prospective bidders are encouraged to attend the pre-bid conference. The Project consists of, but is not necessarily limited to, the following: Construction of local road system to be that is to be part of a future split diamond roundabout interchange at the intersections of Keystone Parkway with 116th Street and Carmel Drive 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-1 IN20030661 American Structurepoint, Inc 7260 Shadeland Station Indianapolis, IN 46256 (317) 547-5580 A compact disk with electronic (.PDF) files of all project drawings and project manuals may be obtained from American Structurepoint, Inc. These files include full-size and half-size drawings, geotechnical report and project specifications for Carmel Project 07-08C-1. There will be no charge for the compact disc. Paper copies of drawings and project manuals must be obtained from American Structurepoint, Inc., at the address stated above, upon the payment of $150.00 for each set. Each set includes one half-size set of road plans, geotechnical report, and project specifications for Project Numbers 07-08C-1. Payment must be by check. NO CASH ACCEPTED. Make checks payable to American Structurepoint, Inc. 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 Manuals. 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 thirty (30) 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 thirty (30) 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: September 26th & October 3rd, 2008 NTB-2 IN20030661 INSTRUCTIONS TO BIDDERS City of Carmel OWNER: City of Carmel by and through its Board of Public Works and Safety Project/Work: Keystone Parkway and 116th Street / Carmel Drive Advance Maintenance of Traffic City of Carmel Project #07-08C-1 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: Craig Parks, PE (317) 547-5580 Fax: (317) 543-0270 Copyright © 1966-2008 by American Structurepoint, Inc. 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-1 IN20030661 1.5. The Unit Cost Schedule included as “Part 3” hereof is to be completed for the Project Bid. The construction completion time is described in the Technical Specifications and is as follows: Contract Approval and Notice to Proceed November 5, 2008 Project Start Date: November 5, 2008 Final Project Completion Date: April 1, 2009 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-2 IN20030661 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 assurance that such structures or utilities will be found or encountered as plotted, or that ITB-3 IN20030661 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 – Keystone Parkway and 116th Street / Carmel Drive Advance Maintenance of Traffic, City of Carmel Project #07-08C-1” 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-4 IN20030661 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 Base Bid or Alternative Bid price (if submitted), whichever is higher. 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-5 IN20030661 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 to the City Engineer’s office within 24 hours of bid opening. 7. BID EVALUATION AND AWARD 7.1. Award of the Contract will be made to the lowest, most responsive and most responsible Bidder on either the Base Bid, or Alternative Bid, 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 ITB-6 IN20030661 complete the Work. Any or all Bids will be rejected if there is reason to believe that collusion exists among Bidders. 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; ITB-7 IN20030661 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 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 ITB-8 IN20030661 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: Keystone Parkway and 116th Street / Carmel Drive Advance Maintenance of Traffic City of Carmel Project #07-08C-1 Proposal For Construction of : Construction of local road system that is to be part of a future split diamond roundabout interchange at the intersections of Keystone Parkway with 116th Street and Carmel Drive Date: _______________________________ To: City of Carmel, Indiana, Board of Public Works and Safety BID-1 IN20030661 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-2 IN20030661 PART 2 BID PROPOSAL 2.1 Base Bid (Required) 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-3 IN20030661 1 CONSTRUCTION ENGINEERING LS 1 2 MOBILIZATION AND DEMOBILIZATION LS 1 3 CLEARING RIGHT OF WAY LS 1 4 PAVEMENT REMOVAL SYS 1,327 5 GUARDRAIL, REMOVE LFT 572 6 EXCAVATION, COMMON CYS 8,234 7 TEMPORARY EROSION AND SEDIMENT CONTROL, CURB INLET PROTECTION EACH 17 8 TEMPORARY CHECK DAM, STRAW BALES LFT 78 9 TEMPORARY DITCH INLET PROTECTION EACH 5 10 TEMPORARY SEDIMENT TRAP TON 91 11 TEMPORARY SILT FENCE LFT 500 12 SUBGRADE TREATMENT, TYPE I SYS 8,745 13 STRUCTURE BACKFILL, TYPE 1 CYS 5,732 14 STRUCTURE BACKFILL, TYPE 2 CYS 1,227 15 COMPACTED AGGREGATE, NO. 53, BASE TON 838 16 SUBBASE FOR PCCP CYS 2,231 17 HMA FOR TEMPORARY PAVEMENT TON 856 18 PCCP, 12 IN. SYS 8,745 19 D-1 CONTRACTION JOINT LFT 4,490 20 PCCP PATCHING SYS 306 21 GUARDRAIL, STEEL CURVED TERMINAL END SECTION EACH 2 22 GUARDRAIL END TREATMENT, OS EACH 2 23 GUARDRAIL, W BEAM, 6 FT. 3 IN. SPACING LFT 600 24 CURB, INTEGRAL, B, CONCRETE LFT 3,157 25 GEOTEXTILES SYS 280 26 RIPRAP, CLASS 2 TON 15 27 RIPRAP, REVETMENT TON 145 28 MOBILIZATION AND DEMOBILIZATION FOR SEEDING EACH 2 29 MULCHED SEEDING, T, CONVENTIONAL MIX SYS 2,652 30 FERTILIZER TON 0 31 SEED MIXTURE, U LBS 165 32 MULCHING MATERIAL TON 2 33 WATER kGAL 1 34 TOP SOIL CYS 932 35 SODDING, NURSERY SYS 138 36 CORED HOLE IN CONCRETE EACH 2 37 CULVERT, PRECAST BOX, REINFORCED CONCRETE, 6 FT. X 6 FT. LFT 188 38 PIPE, REINFORCED CONCRETE, CIRCULAR, 36 IN. LFT 1,604 39 PIPE, TYPE 4, CIRCULAR, 6 IN. LFT 2,957 40 PIPE, REINFORCED CONCRETE, CIRCULAR, 12 IN. LFT 858 41 PIPE, REINFORCED CONCRETE, CIRCULAR, 15 IN. LFT 707 UNIT PRICE TOTALITEM NO.DESCRIPTION UNIT QUANTITY PART 3 CONTRACT ITEMS AND UNIT PRICES Project No. 07-08C-1 Base Bid Keystone Parkway and 116th Street / Carmel Drive Advance Maintenance of Traffic City of Carmel 42 PIPE, REINFORCED CONCRETE, CIRCULAR, 18 IN. LFT 95 43 PIPE, REINFORCED CONCRETE, CIRCULAR, 30 IN. LFT 184 44 PIPE, REINFORCED CONCRETE, CIRCULAR, 42 IN. LFT 393 45 VIDEO INSPECTION FOR PIPE LFT 3,841 46 VIDEO INSPECTION FOR UNDERDRAINS LFT 3,000 47 AGGREGATE FOR UNDERDRAINS CYS 266 48 GEOTEXTILES FOR UNDERDRAIN SYS 2,466 49 INLET, E7 EACH 1 50 MANHOLE, C4 EACH 5 51 MANHOLE, K4 EACH 6 52 MANHOLE, J4 EACH 5 53 INLET, C15 EACH 8 54 CATCH BASIN, C15 EACH 9 55 MANHOLE, J7 EACH 3 56 STORMWATER BMP STRUCTURE, TYPE II EACH 1 57 STORMWATER BMP STRUCTURE, TYPE III EACH 1 58 WINGWALL SYS 317 59 CONSTRUCTION SIGN, C EACH 2 60 TEMPORARY PAVEMENT MESSAGE MARKING, REMOVABLE, LANE INDICATION ARROW EACH 5 61 TEMPORARY PAVEMENT MESSAGE MARKING, REMOVABLE, WORD (ONLY) EACH 5 62 CONSTRUCTION SIGN, A EACH 16 63 MAINTAINING TRAFFIC LS 1 64 ENERGY ABSORBING TERMINAL, CZ, TL-2 EACH 2 65 BARRICADE, III-A LFT 48 66 TEMPORARY TRAFFIC BARRIER, TYPE 2 LFT 3,589 67 PAVEMENT MESSAGE MARKINGS, REMOVE EACH 4 68 TRANSVERSE MARKING, REMOVE LFT 58 69 LINE, PAINT, BROKEN, WHITE, 4 IN. LFT 541 70 LINE, PAINT, SOLID, WHITE, 4 IN. LFT 7,119 71 LINE, PAINT, SOLID, YELLOW, 4 IN. LFT 3,657 72 LINE, REMOVE LFT 4,115 72 LINE, PAINT, DOTTED, WHITE, 4 IN., 2 FT. LINE, 4 FT. GAP LFT 370 TOTAL: SUBMITTED BY: SIGNATURE TITLE: ADDRESS: 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-5 IN20030661 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-6 IN20030661 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-7 IN20030661 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-8 IN20030661 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. BID-9 IN20030661 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______________________ BID-10 IN20030661 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-1 IN20030661 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) POSTBID-2 IN20030661 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 Keystone Parkway and 116th Street / Carmel Drive Advance Maintenance of Traffic City of Carmel Project #07-08C-1 Construction of local road system that is to be part of a future split diamond roundabout interchange at the intersections of Keystone Parkway with 116th Street and Carmel Drive pursuant to plans, specifications and other “Contract Documents” included as parts of and designated by such solicitation; and WHEREAS, the Bidder has submitted to the Obligee a Bid Proposal to perform such Work. BB-1 IN20030661 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: BB-2 IN20030661 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 Keystone Parkway and 116th Street / Carmel Drive Advance Maintenance of Traffic City of Carmel Project #07-08C-1 Construction of local road system that is to be part of a future split diamond roundabout interchange at the intersections of Keystone Parkway with 116th Street and Carmel Drive which Agreement, and the “Contract Documents” as referred to therein, are hereby incorporated herein by reference; MB-1 IN20030661 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] MB-2 IN20030661 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 Keystone Parkway and 116th Street / Carmel Drive Advance Maintenance of Traffic City of Carmel Project #07-08C-1 Construction of local road system that is to be part of a future split diamond roundabout interchange at the intersections of Keystone Parkway with 116th Street and Carmel Drive which Agreement, and the “Contract Documents” as referred to therein, are hereby incorporated herein by reference; 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 PMB-1 IN20030661 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] PMB-2 IN20030661 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 Keystone Parkway and 116th Street / Carmel Drive Advance Maintenance of Traffic City of Carmel Project #07-08C-1 Construction of local road system that is to be part of a future split diamond roundabout interchange at the intersections of Keystone Parkway with 116th Street and Carmel Drive which Agreement, and the “Contract Documents” as referred to therein, are hereby incorporated herein by reference; 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 PFB-1 IN20030661 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] PFB-2 IN20030661 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 (“Keystone Parkway and 116th Street / Carmel Drive Advance Maintenance of Traffic, City of Carmel Project #07-08C-1”) 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-1 IN20030661 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. 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. A-2 IN20030661 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 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. A-3 IN20030661 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. 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: A-4 IN20030661 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. 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. A-5 IN20030661 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-6 IN20030661 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-7 IN20030661 APPENDIX A PROJECT: Keystone Parkway and 116th Street / Carmel Drive Advance Maintenance of Traffic WORK: As described by the Project plans and Contract Documents including, but not limited to: Construction of local road system that is to be part of a future split diamond roundabout interchange at the intersections of Keystone Parkway with 116th Street and Carmel Drive DESIGN BY: American Structurepoint, Inc. 7260 Shadeland Station Indianapolis, IN 46256-3957 (317) 547-5580 Fax: (317) 543-0270 Copyright © 1966-2008 by American Structurepoint, Inc. OWNER’S REPRESENTATIVE: Michael McBride, PE City Engineer City of Carmel One Civic Square Carmel, IN 46032 A-8 IN20030661 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-1 IN20030661 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-2 IN20030661 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-3 IN20030661 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-4 IN20030661 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-5 IN20030661 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: _________________ AR-6 IN20030661 AR-7 IN20030661 AR-8 IN20030661 AR-9 IN20030661 AR-10 IN20030661 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-1 IN20030661 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-2 IN20030661 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-3 IN20030661 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. G-4 IN20030661 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 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 G-5 IN20030661 report in writing to ENGINEER any conflict, error, discrepancy or other adverse condition or circumstance which CONTRACTOR may discover, and shall obtain a 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 G-6 IN20030661 appropriate will be held to discuss the schedules referred to in Section 2.7, to discuss 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 G-7 IN20030661 performance of the Work or any duty or authority to undertake responsibility, contrary to the provisions of Section 8.10 or 8.11. 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 G-8 IN20030661 “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 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 G-9 IN20030661 assumed the risk of such conditions, and (iii) CONTRACTOR has explicitly fulfilled the written notice requirements provided by this Section 4.3. The CONTRACTOR 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 G-10 IN20030661 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 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 G-11 IN20030661 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. 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. G-12 IN20030661 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 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 G-13 IN20030661 percent (10%) of the contract amount as adjusted for Change Orders or such different percentage as may be specified by other Contract Documents. 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 G-14 IN20030661 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 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-15 IN20030661 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 enforcement of any applicable legal requirements and shall cover reasonable OWNER G-16 IN20030661 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. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible G-17 IN20030661 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 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. G-18 IN20030661 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 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. G-19 IN20030661 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 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 G-20 IN20030661 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 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. G-21 IN20030661 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 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 G-22 IN20030661 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 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 G-23 IN20030661 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. 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 G-24 IN20030661 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 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. G-25 IN20030661 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. 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 G-26 IN20030661 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. 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 G-27 IN20030661 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 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 G-28 IN20030661 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 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 G-29 IN20030661 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 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 G-30 IN20030661 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. 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. G-31 IN20030661 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 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; G-32 IN20030661 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 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. G-33 IN20030661 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 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, G-34 IN20030661 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. 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 G-35 IN20030661 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 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 G-36 IN20030661 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, 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, G-37 IN20030661 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 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. G-38 IN20030661 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 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. G-39 IN20030661 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 or enforce CONTRACTOR’s liability with respect to obligations other than specifically to correct defects in the Work as prescribed by this Section. G-40 IN20030661 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-41 IN20030661 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-42 IN20030661 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-43 IN20030661 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 CONTRACTOR shall become unconditionally bound to the terms thereof, upon (i) G-44 IN20030661 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 Work, OWNER shall afford CONTRACTOR reasonable access and G-45 IN20030661 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-46 IN20030661 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-47 IN20030661 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: 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 G-48 IN20030661 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. 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. G-49 IN20030661 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 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 G-50 IN20030661 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 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. G-51 IN20030661 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 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 G-52 IN20030661 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 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 G-53 IN20030661 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. 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 G-54 IN20030661 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 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. G-55 IN20030661 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. 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. G-56 IN20030661 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-57 IN20030661 “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-58 IN20030661 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-59 IN20030661 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. G-60 IN20030661 SP-01 – QUALIFICATION OF CONTRACTORS The Contractor and all subcontractors shall provide written documentation of INDOT prequalification for each of the work types they are responsible for on the project. QUALIFICATION OF CONTRACTORS TS-01 IN20030661 SP-02 - APPLICABLE SPECIFICATIONS Wherever Indiana Department of Transportation Standard Specifications are referenced in project documents, CONTRACTOR shall refer to the INDOT Specifications with supplemental specifications effective for lettings AFTER September 1, 2008. These specifications are available on INDOT’s website at: http://www.in.gov/dot/div/contracts/standards/book/index.html Wherever in the contract documents the 1999 Standard Specifications are referenced, it shall be interpreted to mean the 2008 Standard Specifications. Wherever contract documents refer to the Department, it shall be interpreted to mean the City. APPLICABLE SPECIFICATIONS TS-02 IN20030661 SP-03 - MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (MUTCD) Wherever in the contract documents reference is made to the Manual on Uniform Traffic Control Devices, MUTCD, it shall be interpreted to mean the 2003 Edition of the Federal Manual on Uniform Traffic Control Devices. MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES TS-03 IN20030661 SP-04 – GEOTECHNICAL EVALUATION REPORT A geotechnical evaluation report for the contract will be made available as an addendum to these contract documents for information purposes only. GEOTECHNICAL EVALUATION REPORT TS-04 IN20030661 EXISTING CONDITIONS TS-05 IN20030661 107-R-169 STATEMENTS ABOUT EXISTING CONDITIONS OF UTILITIES, ADDITIONAL RIGHT-OF-WAY, AND ENCROACHMENTS (Revised 02-18-08) The Standard Specifications are revised as follows: SECTION 107, AFTER LINE 733, INSERT AS FOLLOWS: 107.26 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 as know at the time this contract was prepared. The facilities of City of Carmel Water Utilities exist within the project limits, but are not expected to be affected by the proposed construction. If questions arise, Steve Cook of the utility may be contacted at 317-733-2855. The facilities of City of Carmel Sanitary Utilities exist within the project limits, but are not expected to be affected by the proposed construction. If questions arise, John Duffy of the utility may be contacted at 317-571-2451. The facilities of Duke Energy exist within the project limits, but are not expected to be affected by the proposed construction. If questions arise, Cindy Rowland of the utility may be contacted at 317-776-5341. The facilities of AT&T Indiana exist within the project limits, but are not expected to be affected by the proposed construction. If questions arise, Greg Cammack of the utility may be contacted at 317-252-5134. The facilities of Vectren exist within the project limits, but are not expected to be affected by the proposed construction. If questions arise, Don Perdue of the utility may be contacted at 317-776-5534. (b) Right-of-Way There is no involvement of additional right-of-way for the contract. (c) Encroachments All known encroachments within the project limits have been removed or have been cleared to remain, except as follows: Estimated Encroachment Owner Location Clear Date Commercial Sign G&T Company....1495 Keystone Way................... January 15, 2009 EXISTING CONDITIONS TS-05 IN20030661 (d) Other Noteworthy Conditions There are no other noteworthy conditions 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 107.26(a) through 107.26(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-06 – USE OF CONES IN LIEU OF DRUMS SECTION 107, BEGIN LINE 416, DELETE AND INSERT AS FOLLOWS: Pavements and shoulders having an edge drop of more than 3 in. (75 mm) shall be delineated with drums in accordance with 801.09. Delineation shall be at a maximum spacing of 200 ft (60 m). The use of cones in accordance with 801.08 will be permitted during daylight hours in lieu of drums as shown on the plans except cones shall not be used for interstate lane restrictions. SECTION 801, BEGIN LINE 259, DELETE AND INSERT AS FOLLOWS: Cones shall be made of a material to withstand impact without damage to striking vehicles. They shall have a substantial base to restrict overturning. Cones and tubular markers shall be as shown on the plans. Cones shall be used only during temporary activities where portability is advantageous and they remain in place and do not create a hazard to traffic. The use of cones in lieu of drums will be permitted during daylight hours unless otherwise directed as shown on the plans except cones shall not be used for interstate lane restrictions. Tubular markers shall be used for separating two-lane two-way traffic as shown on the plans or as directed. Cones and tubular markers shall be secured in place either by weighting or adhesives. The use of metal bases will not be permitted. USE OF CONES IN LIEU OF DRUMS TS-06 IN20030661 SP-7 – TRAFFIC CONTROL CHANGES AND ON-CALL MAINTENANCE OF TRAFFIC CONTROL DEVICES The Standard Specifications are revised as follows: SECTION 104, AFTER LINE 171, INSERT AS FOLLOWS Traffic shall not be restricted between 6 a.m. and 9a.m., between 5 p.m. and 7p.m., or as otherwise directed. Drums or barricades shall not be left in the roadway overnight. Traffic control changes will not be permitted on a traffic lane between 6 a.m. and 9a.m., or between 5 p.m. and 7p.m TRAFFIC CONTROL DEVICES AND ON-CALL TS-7 MAINTENANCE OF TRAFFIC CONTROL DEVICES IN20030661 SP-08 – WORK HOUR RESTRICTIONS The Contractor will be permitted to work 24 hours per day/seven days per week to complete the construction work for this project with the following exceptions. The Contractor will be required to shut down construction operations for the following days November 27-30, 2008 December 23-25, 2008 December 30, 2008 – January 1, 2009 May 23-25, 2009 July 4, 2009 September 5–7, 2009 November 26-29, 2009 The Contractor will not operate the following construction equipment between the hours of 10:00 PM and 5:00 AM each day including weekends. 1. Pile Driver 2. Steam Shovel 3. Pneumatic Hammer 4. Derrick 5. Steam or Electric Hoist The Contractor will be allowed to operate all other construction equipment at all times during construction. If the Contractor is informed that the operation of construction equipment that is attended by loud or unusual noise which is a detriment to the public health, comfort, convenience, safety and welfare of residents of this city during the hours of 10:00 PM to 5:00 AM on any day, the Contractor shall immediately desist from operating the specific offending piece of construction equipment and notify the Engineer. The Contractor shall desist from operating the specific piece of construction equipment at the direction of the Engineer. No increase in project time will be allowed for noise delays. WORK HOUR RESTRICTIONS TS-08 IN20030661 SP-9 – KEYSTONE LANE CLOSURE TIMES When there is no alternative, lane closures in each direction may be made during the hours listed below: Begin Hour Sun Mon Tue Wed Thu Fri Sat 12:00 am XXX XXX XXX XXX XXX XXX XXX 1:00 am XXX XXX XXX XXX XXX XXX XXX 2:00 am XXX XXX XXX XXX XXX XXX XXX 3:00 am XXX XXX XXX XXX XXX XXX XXX 4:00 am XXX XXX XXX XXX XXX XXX XXX 5:00 am XXX XXX XXX XXX XXX XXX XXX 6:00 am XXX XXX 7:00 am XXX XXX 8:00 am XXX XXX 9:00 am XXX XXX XXX XXX XXX XXX XXX 10:00 am XXX XXX XXX XXX XXX XXX XXX 11:00 am XXX XXX XXX XXX XXX XXX XXX 12:00 pm XXX XXX XXX XXX XXX XXX XXX 1:00 pm XXX XXX XXX XXX XXX XXX XXX 2:00 pm XXX XXX XXX XXX XXX XXX XXX 3:00 pm XXX XXX 4:00 pm XXX XXX 5:00 pm XXX XXX 6:00 pm XXX XXX 7:00 pm XXX XXX XXX XXX XXX XXX XXX 8:00 pm XXX XXX XXX XXX XXX XXX XXX 9:00 pm XXX XXX XXX XXX XXX XXX XXX 10:00 pm XXX XXX XXX XXX XXX XXX XXX 11:00 pm XXX XXX XXX XXX XXX XXX XXX “XXX” = Hours when one lane may be restricted in each direction. No lane restrictions will be allowed on holiday weekends from 5 a.m. on the last business day prior to a holiday until 8 p.m. on the first business day following a holiday weekend. Normal business KEYSTONE LANE CLOSURE TIMES TS-9 IN20030661 days are Mon. through Fri. The Engineer may impose additional lane closure hour restrictions for special events and/or weather conditions. The Contractor shall cooperate with all other Contractors in the area and also schedule his operations in order to adhere to the following lane requirements. All lane closures within 1 mile of each other should be connected. Lane closure signs shall not be erected any earlier than an hour before the starting hours listed above. Also, these signs shall be taken down within one-half hour after the closure is removed. In addition, all lane closures shall be removed during adverse weather conditions as determined by the Engineer. No barricade or other traffic control device may be positioned in a lane outside the hours shown in the table. If any lane closures occur on Keystone other than what is shown on the lane closures time charts, $1,000.00 will be assessed as liquidated damages, not as a penalty, but as damages sustained for each hour or fraction of an hour that lane closures occur other than the time indicated on the lane closures times charts shown elsewhere herein. To cover incidental lane closure periods that may be beyond the Contractor’s control, a maximum of 30 minutes will be allowed for an incidental lane closure period. This period can only occur at the end of a normal closure period that is indicated in the lane closures time charts shown above. This 30-minute closure period could include the removal of traffic setups that may have been delayed because of circumstances beyond the control of the Contractor. There will be a maximum of one incidental lane closure period allowed per calendar day. KEYSTONE LANE CLOSURE TIMES TS-9 IN20030661 SP-10 – MAINTENANCE OF TRAFFIC FOR CROSSOVER, CULVERT AND SHOULDER CONSTRUCTION The construction of temporary crossovers, installation of new culvert crossings, and the resurfacing/reconstruction of the Keystone NB inside and outside shoulders shall be constructed according to the following requirements: Two 10 foot lanes of traffic in each direction from the Begin Project location to the End Project location shall be maintained at all times on Keystone except as allowed by the special provision “One Lane Closure Times”. The maximum drop off adjacent to the travel lane will be 3 inches, and drums shall be placed on the shoulder adjacent to the travel lane at a minimum of one every 200 feet. MAINTENANCE OF TRAFFIC FOR CROSSOVER TS-10 CULVERT AND SHOULDERCONSTRUCTION IN20030661 SP-11 - FAILURE TO COMPLETE ON TIME FOR CALENDAR COMPLETION DATE The Standard Specifications are revised as follows: SECTION 108, DELETE LINES 453 THROUGH 465. SECTION 108, AFTER LINE 466, INSERT AS FOLLOWS: If the contract is not completed on or before the contract completion date shown on the Proposal sheet, $5,000 will be assessed as liquidated damages, not as a penalty, but as damages sustained, for each calendar day that the contract is not complete. Extension of contract time, if required, shall be in accordance with 108.08. FAILURE TO COMPLETE ON TIME TS-11 FOR CALENDAR COMPLETION DATE IN20030661 SP-12 – 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. COORDINATION WITH CITY SERVICES TS-12 IN20030661 SP-13 – TEMPORARY 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). 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 1108 S. Ninth St. 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 TEMPORARY EROSION CONTROL MEASURES TS-13 IN20030661 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. TEMPORARY EROSION CONTROL MEASURES TS-13 IN20030661 (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 insure 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 Phase I Erosion Control measures shall be substantially stabilized prior to the beginning of operations associated with Phase II Erosion Control. 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 EROSION CONTROL MEASURES TS-13 IN20030661 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 CONTROL MEASURES TS-13 IN20030661 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 TEMPORARY EROSION CONTROL MEASURES TS-13 IN20030661 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. TEMPORARY EROSION CONTROL MEASURES TS-13 IN20030661 SP-14 TEMPORARY CURB INLET PROTECTION All proposed inlets shall be protected from sediment during construction with the use of a stormwater curb inlet filtration bag such as the Siltsack® or approved equal. In addition, wherever the plans indicate “Curb Inlet Protection” those existing inlets shall be protected from sediment during construction with the use of a stormwater curb inlet filtration bag such as the Siltsack® or approved equal. The specifications of the Siltsack® are attached for reference. UNIT COST The cost of Curb Inlet Protection shall be paid for as “Temporary Erosion and Sediment Control, Curb Inlet Protection” per unit price for each and shall include labor, equipment, and materials required for installation and maintenance. TEMPORARY CURB INLET PROTECTION TS-14 IN20030661 TEMPORARY CURB INLET PROTECTION TS-14 IN20030661 TEMPORARY CURB INLET PROTECTION TS-14 IN20030661 TEMPORARY CURB INLET PROTECTION TS-14 IN20030661 TEMPORARY CURB INLET PROTECTION TS-14 IN20030661 TEMPORARY CURB INLET PROTECTION TS-14 IN20030661 TEMPORARY CURB INLET PROTECTION TS-14 IN20030661 TEMPORARY CURB INLET PROTECTION TS-14 IN20030661 TEMPORARY CURB INLET PROTECTION TS-14 IN20030661 SP-15 – CATCH BASIN HOODS Whenever 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. CATCH BASIN HOODS TS-15 IN20030661 SP-16 – REPORTING SUBCONTRACT PAYMENTS SECTION 108, AFTER LINE 28, INSERT AS FOLLOWS: The Contractor shall submit monthly reports, in a format approved by the Department, of all payments made to subcontractors. Reports shall be submitted no later than 10 days after the end of each month in which a subcontractor is paid for work on the contract. Reports shall include any release of retainage payments made to subcontractors. REPORTING SUBCONTRACT PAYMENTS TS-16 IN20030661 SP-17 – DETERMINATION AND EXTENSION OF CONTRACT TIME The Standard Specifications are revised as follows: SECTION 108, BEGIN LINE 335, DELETE AND INSERT AS FOLLOWS: The Department may order suspension of work either wholly or in part, for a period of time for certain holidays. For such orders, if the contract suspension is not stated in the contract documents, the contract completion time will be adjusted as follows: a) If the contract completion time is on a work day basis, no work days will be charged on those days that work on the controlling operation is suspended. b) If the contract completion time is on a calendar day basis, all calendar days on which work on the controlling operation is suspended will be excluded. c) If the contract completion time is a fixed calendar date, the contract will not be extended by the number of days that work on the controlling operation is suspended. d) If the contract contains an intermediate completion time, said time will be adjusted in accordance with the requirements of (a) or (b), above as appropriate, provided that the suspension occurs within the time period while the intermediate completion time is in effect. DETERMINATION AND EXTENSION OF CONTRACT TIME TS-17 IN20030661 SP-18 – COST REDUCTION INCENTIVE The Standard Specifications are revised as follows: SECTION 109, DELETE LINES 330 THROUGH 499. SECTION 109, AFTER LINE 500, INSERT AS FOLLOWS: 109.04 Cost Reduction Incentive, CRI The Contractor may submit a written proposal for modifying the Contract Documents for the purpose of reducing construction costs or contract time. The proposal shall produce a savings without impairing essential functions, characteristics, and timing of the project including, but not limited to, safety, service life, economy of operations, the traveling public, ease of maintenance, desired appearance, design standards and construction schedules. (a) CRI Initial Requirements The Contractor shall initially submit five copies of a brief proposal to the Department to illustrate the concept or idea. At a minimum, the Contractor shall submit the following. 1. A statement that the proposal is submitted as a conceptual CRI. 2. A brief proposal with graphics, if appropriate, to illustrate and describe the concept. 3. A brief description of the existing work and the proposed changes for performing the work including a discussion of the comparative advantages and disadvantages for each and how the proposal meets the original intent of the design. 4. An approximate cost estimate for performing the work under the existing contract and under the proposed change. 5. An approximate cost estimate of design and engineering fees associated with the proposed change. 6. A description of any effects the proposed change would have on Department costs other than those in the contract such as future construction, design, right-of-way, utilities, maintenance, and operations costs. 7. The amount of time that will be needed to develop a formal CRI proposal. 8. A statement of the date by which the Department must execute an agreement adopting the proposal to obtain the maximum cost reduction during the remainder of the contract time, the date the work must begin in order to not delay the contract, and the reasoning for this time schedule. 9. An approximate estimate of the effect the proposal will have on the time for completion of the contract, including development of the formal proposal, review by the Department and implementation. COST REDUCTION INCENTIVE TS-18 IN20030661 10. The name of the redesign professional engineer, if any. 11. Reference to the applicable INDOT Design Manual provisions. 12. A statement regarding impacted permit requirements. 13. Identify any material not in current contract that the contractor proposes to use and corresponding applicable specifications. The Department will notify the Contractor in writing within five business days after receipt of the proposal that the proposal has been rejected, accepted, or that a meeting needs to be arranged to discuss the proposed conceptual CRI. If the Department fails to respond within five business days, the proposal will be deemed rejected. If a meeting is requested, the Contractor shall arrange a meeting involving any professional engineer that will be used in development of the proposal; the engineer who designed the original plans or review engineer designated by the Department; contractor personnel; and INDOT personnel as determined by the Engineer. This meeting shall be held within 10 business days of receipt of the written notification, unless the Engineer approves additional time. At least two business days prior to the meeting, the Contractor shall provide a copy of its conceptual CRI to all persons invited to the meeting. Within 10 business days or a mutually agreed upon time after this meeting, INDOT will notify the Contractor in writing as to whether a complete CRI may be developed. (b) CRI Formal Proposal Requirements If a concept is accepted by the Department, a formal proposal shall be submitted with a statement identifying the proposal as a CRI and shall contain, at a minimum, information as follows: 1. A description of the difference between the planned work and the proposed change with a comparison of effects on safety, service life, economy of operations, the traveling public, ease of maintenance, desired appearance, design standards, and construction schedules. 2. Proposed changes in the contract documents. Documents showing design changes shall be signed and bear the seal of a licensed professional engineer. Design changes shall be supported by design computations as necessary for a thorough and expeditious evaluation. 3. The pay items, unit prices, and quantities affected by the change. 4. Complete, detailed cost estimates for performance of the work both as planned and as proposed. 5. The calendar date required for approval of the proposal in order to produce the savings indicated. 6. Locations and situations, including test results, in which similar measures have been successfully used. COST REDUCTION INCENTIVE TS-18 IN20030661 7. A statement regarding the effect the proposal will have on the contract completion time. 8. A signed contract between the Contractor and the Contractor’s redesign engineer, who prepared and sealed the plans for the CRI proposal, shall be submitted to the Department. The contract shall provide for the following: a. The Contractor’s redesign engineer shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications and other services furnished by the redesign engineer under this contract. The redesign engineer shall correct or revise any errors or omissions in its designs, drawings, specifications, and other services. The Contractor’s redesign engineer shall indemnify, defend, and hold harmless the State and its agents, officials, and employees, from all claims and suits including court costs, attorney’s fees, and other expenses caused by any acts, errors, or omissions of the Contractor’s redesign engineer, its agents, or employees, in connection with the CRI proposal. b. Neither the Department’s review, approval, nor acceptance of the plans for the CRI shall be construed to operate as a waiver of rights under the contract or cause of action arising out of the contract. The Contractor’s redesign engineer shall be and shall remain liable to the Department for all damages caused by the Contractor’s redesign engineer. c. The rights and remedies of the Department provided in the contract are in addition to all other rights and remedies provided by law. d. No terms between the Contractor and the redesign engineer shall adversely affect the Department’s liability protection. 9. Contractor’s engineering costs to develop the proposal shall be submitted with full documentation. Additional information shall be provided as required to properly evaluate the proposed change. Failure to do so may result in rejection of the cost reduction incentive proposal. (c) Approval of Formal CRI Proposal The Engineer will be the sole judge as to whether a formal CRI proposal qualifies for consideration, evaluation, and approval. A proposal which requires excessive time or cost for review, evaluation, or investigation, or which is not consistent with Department design policies, may be rejected. A proposal may also be rejected if not submitted within the time frame specified in the Contractor’s conceptual proposal, unless the Engineer approves additional time. Proposed changes in pavement design including materials or pavement type, changes in materials required to be installed by a certified installer, or changes in right-of-way will not be approved. A proposal which uses empirical design (AASHTO LRFD Bridge Design Specifications, Section 9.7.2) of the concrete bridge deck will not be considered or approved. Only proposals which result in the Department’s portion of the estimated net savings being $10,000 or more will be considered. Except as provided in 109.04(d), the Department will COST REDUCTION INCENTIVE TS-18 IN20030661 not be liable for failure to accept or act upon a proposal submitted in accordance with the requirements herein or for delays to the work attributable to such proposal, unless an extension of time is provided as part of the agreed CRI proposal. Original contract bid prices shall not be based on the anticipated approval of a CRI proposal. If the proposal is rejected, the contract shall be completed at the original contract prices. If a CRI proposal is not approved on or before the calendar date submitted by the Contractor in the CRI shown on the proposal, such proposal will be deemed rejected. In determining the estimated net savings, the contract prices bid may be disregarded if it is determined that such prices do not represent a fair measure of the value of the work to be performed or deleted. The CRI proposal will not be approved if equivalent options are already available within the contract, or if the Department is already considering a change order to the contract which includes the proposal revisions. If the CRI proposal is approved, it will be executed by means of a change order. The change order will show the changes in the plans and specifications necessary to permit the proposal to be put into effect and the net estimated savings will be set forth on the change order. Upon approval, the Department will have the right to use, duplicate, and disclose in whole or in part, all data necessary for the subsequent adoption of the proposal for future projects. The provisions of this specification will apply only to a contracts awarded to the lowest bidder in accordance with the Department’s competitive bidding requirements. (d) Payment for Design of Formal Proposal, if Rejected Except as provided elsewhere herein, if the Department rejects the formal CRI proposal, the Contractor will be reimbursed for 50% of the Contractor’s reasonable design costs incurred after the Department’s acceptance of the CRI conceptual proposal. The Contractor will also be reimbursed for 50% of the Contractor’s reasonable design costs of an approved CRI proposal if the Department determines that the proposal is no longer feasible because of changes in field conditions or other conditions beyond the control of the Contractor. If written approval was given to proceed with the work, procure materials, begin fabrication, and rejection occurs, the work and fabrication costs will be reimbursed in accordance with 109.05. The Contractor will be compensated for materials ordered which are unique to the project based on the Contractor’s cost minus salvage value if the Contractor is unable to return these items to the vendor. All such material may, at the option of the Department, be purchased at its actual cost. There will be no reimbursement for costs incurred prior to the acceptance of the conceptual CRI proposal. The Contractor will not be reimbursed for design costs if a formal CRI proposal is rejected because it was not submitted within the time frame specified in the Contractor’s conceptual proposal or additional time approved by the Engineer, if the Contractor fails to submit additional information requested by the Department, or if the design criteria used in the proposal does not comply with the Department’s design standards. COST REDUCTION INCENTIVE TS-18 IN20030661 (e) Other Conditions The Contractor shall continue to perform the work in accordance with the contract requirements until a change order incorporating the CRI proposal has been approved. However, no contract work that will be affected by a CRI proposal shall be performed until the CRI proposal has been approved or rejected. Prior to approval, the Engineer may modify a proposal with the concurrence of the Contractor, to enhance it or make it acceptable. If any modification increases or decreases the net savings resulting from the proposal, the Contractor’s 50% share will be determined upon the basis of the proposal as modified. The Department reserves the right to include in the change order the conditions it deems appropriate for consideration, approval and implementation of the CRI proposal. Acceptance of the change order by the Contractor shall constitute acceptance of such conditions. As a condition for considering a Contractor’s CRI proposal, the Department also reserves the right to require the Contractor to share in the Department’s costs of investigating the proposal. If this condition is imposed, the Contractor shall indicate acceptance in writing. Such acceptance shall constitute full authority for the Department to deduct amounts for the investigation from moneys due the Contractor under the contract. The Engineer may reject, in accordance with 105.03 and 105.11, all or any portion of work performed under an approved CRI proposal. (f) Time Savings Proposals The Department will consider as a CRI proposal, any proposals that reduce contract time by changing phasing of the work, the traffic control plan, or design elements. The Department will consider proposals that result in time savings and at the same time may increase the cost of the project. The Department will be the sole judge as to whether the benefits of completing the project or a project phase before the scheduled completion date or milestone, offsets an increase to the cost of the project. The submittals for time savings will be reviewed using the CRI proposal process. The Contractor shall provide the Department sufficient information to enable the Department to evaluate the cost benefit of the savings. (g) Adjustments to Contract Time For approved formal CRI proposals the Department will adjust the applicable contract time as set out in the proposal. Any adjustment will be set forth in the change order for the CRI proposal. Depending on the Contractor’s proposal, the adjustment will be an increase or decrease in the appropriate completion date. (h) Method of Measurement The work, as revised by the formal CRI proposal, will be measured as complete and in place and in accordance with the change order. (i) Basis of Payment The work, as revised by the formal CRI proposal, will be paid for as complete and in place and in accordance with the change order. In addition, 50% of the total net savings of the CRI proposal will be paid for separately as follows: COST REDUCTION INCENTIVE TS-18 IN20030661 1. An initial amount of 25% of the total estimated savings will be paid to the Contractor upon approval of the change order. 2. Upon completion of all items of work included in the change order, the total net savings will be calculated and the Contractor will be paid the difference between 50% of the total net savings and the initial payment of 25% of the total estimated savings. 3. A cost savings of not less than $5,000.00 shall be guaranteed to the Department. The actual formal CRI proposal net savings will be checked upon completion of the contract and determination of final quantities to determine if any payment adjustment is required. Except for the time savings component of a formal CRI proposal, the total net savings will be determined by the difference between the cost of the revised work and the cost of the related work required by the original plans and specifications. The cost of the revised work includes the administrative costs incurred by the Department to review the proposal. These costs will be agreed to in the change order. Only those work items directly affected by the plan change will be considered in making the determination of net cost savings. Subsequent plan changes affecting the modified work items but not related to the CRI proposal will be excluded from such determination. Upon completion of all work included in the CRI proposal, the final total net savings will be determined by comparing the cost of the work based on the original contract quantities with the cost of the actual CRI proposal work performed. In determining the savings, the Department reserves the right to consider other factors in addition to the contract bid prices and proposed unit prices if, in the judgment of the Department, such prices do not represent a fair measure of the value of the work to be deleted from or added to the contract. The net savings of a CRI proposal to reduce contract time will be determined by multiplying the number of days saved by the daily liquidated damages as set forth in Section 108.08 or as otherwise provided in the contract. Redesign engineering, in accordance with this section, is defined as 50% of the contractor’s reasonable design costs incurred after the Department’s acceptance of the CRI proposal. Redesign engineering will be paid when a conceptual CRI has been accepted by INDOT but the final proposal is rejected. Payment will be made under: Pay Item Pay Unit Symbol Cost Reduction Incentive Proposal No. ____ ................................................. LS Redesign Engineering, CRI Proposal No. ____.............................................. LS COST REDUCTION INCENTIVE TS-18 IN20030661 SP-19 – STOCKPILED MATERIAL The Standard Specifications are revised as follows: SECTION 111, BEGIN LINE 9, DELETE AND INSERT AS FOLLOWS: be incorporated into the work and delivered in the vicinity of the project, or stored in approved storage facilities. Such materials shall be limited to structural steel, concrete structural members, pavement reinforcing steel, pavement contraction joints, granular base and subbase materials, aggregates for HMA and concrete pavements, and structural supports for signals, signs, and luminaires. In addition to the aforementioned, the Department will consider the stockpiling of other steel products, such as guardrail, culvert pipe, etc if it has been determined that a critical shortage of material would cause delay to the project. SECTION 111, BEGIN LINE 115, DELETE AS FOLLOWS: Approval of partial payment for stockpiled materials will not constitute final acceptance of such materials for use in completing the work. Structural steel members and pavement reinforcing steel may be subjected to additional inspection and testing prior to final acceptance and incorporation into the work. All other stockpiled pay items will be subjected to additional inspection and testing prior to final acceptance and incorporation into the work. STOCKPILED MATERIAL TS-19 IN20030661 SP-20 – 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 any other encumbrance or obstruction within the right-of-way which interferes in any way with the new construction shall be included in the cost of clearing right-of-way. CLEARING RIGHT-OF-WAY TS-20 IN20030661 SP-21– 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. SAWCUTTING TS-21 IN20030661 SP-22 – B BORROW AND STRUCTURE BACKFILL The Standard Specifications are revised as follows: SECTION 211, BEGIN LINE 1, DELETE AND INSERT AS FOLLOWS: SECTION 211 – B BORROW AND STRUCTURE BACKFILL 211.01 Description This work shall consist of backfilling excavated or displaced peat deposits; filling up to designated elevations of spaces excavated for structures and not occupied by permanent work; constructing bridge approach embankment; and filling over structures and over arches between spandrel walls, all with special material. MATERIALS 211.02 Materials Materials shall be in accordance with the following. B Borrow.........................................................................As Defined* Flowable Backfill .........................................................................213 Geotextile .....................................................................................918.02 Structure Backfill .........................................................................904 * The material used for special filling shall be of acceptable quality, free from large or frozen lumps, wood, or other extraneous matter and shall be known as B borrow. It shall consist of suitable sand, gravel, crushed stone, ACBF, GBF, or other approved material. The material shall contain no more than 10% passing the No. 200 (75 μm) sieve and shall be otherwise suitably graded. The use of an essentially one-size material will not be permitted unless approved. Aggregate for end bent backfill shall be No. 8 or No. 9 crushed stone or ACBF, class D or higher. The Contractor has the option of either providing B borrow or structure backfill from an established CAPP source, or supplying the material from another source. The Contractor has the following options for supplying B borrow or structure backfill from a local site: a) the establishment of a CAPP Producer Yard at the local site in accordance with 917; or b) use a CAPP Certified Aggregate Technician or a consultant on the Department’s list of approved Geotechnical Consultants For Gradation Control Testing. For material excavated within the project limits, gradation control testing will be performed by the Department if the Contractor is directed to use the material as B borrow or as structure backfill. The frequency of gradation control testing shall be one test per 2000 t (2000 Mg) based on production samples into a stockpile or by over the scales measurement, with a minimum of two tests per contract (one in the beginning and one near the mid-point). The sampling and testing of these materials B BORROW AND STRUCTURE BACKFILL TS-22 IN20030661 shall be in accordance with applicable requirements of 904 for fine and coarse aggregates. The Contractor shall advise, in writing, the Engineer and the District Materials and Testing Engineer of the plan to measure the material. Where structure backfill is specified, the Contractor may substitute flowable backfill in accordance with 213. However, flowable backfill shall not be placed into or through standing water, unless approved in writing. CONSTRUCTION REQUIREMENTS 211.03 General Requirements If B borrow or structure backfill is obtained from borrow areas, the items of obtaining the areas, their locations, depths, drainage, and final finish shall be in accordance with 203. Unless otherwise specified, if excavated material complies with 211.02 and if B borrow or structure backfill is required for special filling, the excavated material shall be used as such. If there is a surplus of this material, such surplus shall be used in embankment. The provisions of 203.19 shall apply to placing this material at structures. All surplus in excess of the directed or specified use on the right- of-way shall be disposed of in accordance with 201.03. If fill or backfill as described in this specification is within embankment limits, and if it is not required that the entire fill or backfill be of B borrow and placed as such, then that portion above the free-water level shall be placed in accordance with applicable provisions of 203 and compacted to the required density. If borrow is required outside the specified limits of B borrow, material in accordance with the specifications for B borrow may be furnished at the contract unit price for borrow; however, the quantity of borrow measured for payment outside the limits of structure backfill will not exceed the theoretical quantity of B borrow furnished. Unless otherwise specified, all spaces excavated for and not occupied by bridge abutments and piers, if within embankment limits, shall be backfilled to the original ground line with B borrow, and placed in accordance with 211.04. Where B borrow or structure backfill is required as backfill at culverts, retaining walls, sewers, manholes, catch basins, and other miscellaneous structures, it shall be compacted in accordance with 211.04. Where specified, aggregate for end bent backfill shall be placed behind end bents and compacted in accordance with 211.04. Prior to placing the aggregate, a geotextile shall be installed in accordance with 616.11. B BORROW AND STRUCTURE BACKFILL TS-22 IN20030661 211.03.1 Structure Backfill Types The structure backfill type shall be as specified. Within each of the following structure backfill types, the Contractor shall choose from the listed options for each type: (a) Type 1 1. structure backfill in accordance with 904.05 2. non-removable or removable flowable backfill in accordance with 213. (b) Type 2 1. crushed stone aggregate or ACBF structure backfill in accordancewith 904.05, except No. 30, No. 4 and 2 in. (50 mm) nominal sizeaggregate shall not be used. 2. non-removable or removable flowable backfill in accordance with 213. (c) Type 3 1. structure backfill in accordance with 904.05, except only No. 30 or No. 4 nominal size aggregates shall be used. (d) Type 4 1. removable flowable backfill in accordance with 213. (e) Type 5 1. non-removable flowable backfill in accordance with 213. 211.04 Compaction B borrow and structure backfill types 1, 2, and 3 shall be compacted with mechanical tamps or vibrators in accordance with the applicable provisions of 203.23 except as otherwise set out herein. Aggregate for end bent backfill and coarse aggregate No. 8, No. 9, or No. 11 used for structure backfill shall be deposited in layers not to exceed 12 in. (300 mm) loose measurement. Each layer shall be mechanically compacted with a compactor having a plate width of 17 in. (425 mm) or larger that delivers 3000 to 9000 lb (13.3 to 40 kN) per blow. Each lift shall be compacted with two passes of the compactor. 211.05 Embankment for Bridges When special filling is required, the embankment for bridges shall be constructed using B borrow within the specified limits shown on the plans. All embankment construction details specifically B BORROW AND STRUCTURE BACKFILL TS-22 IN20030661 set out in this specification for embankment for bridges shall be considered in accordance with the applicable requirements of 203. At the time B borrow is being placed for approach embankment, a well compacted watertight dam shall be constructed in level lifts, the details of which are shown on the plans. Except as hereinafter specified for material to be used in constructing the enclosing dam, and for growing vegetation, and unless otherwise provided, the material for constructing bridge approach embankment shall be B borrow compacted by mechanical methods. If approach embankment or shoulders are constructed of material not suitable for growing seed or sod, and if one or both of these is required, then such areas shall, unless otherwise specified, be covered with a layer of clay, loam, or other approved material. This layer shall be approximately 1 ft (0.3 m) thick after being compacted into place. 211.06 B Borrow Around Bents When specified, B borrow shall be placed around all bents falling within the limits of the approach grade as shown on the plans. Before placing, the surface of the ground on which it is to be placed shall be scarified or plowed as directed. The embankment slope shall be 2:1 on the sides and beneath the structure, and shall be 6:1 from the end of the bridge down to the average ground line, or it may be required to complete the approaches back to the existing grade. An enclosing dam and provisions for growing vegetation shall be constructed in accordance with 211.05. 211.07 Blank 211.08 Spandrel Filling Unless otherwise specified, spandrel fills for arch structures shall be composed of B borrow. The fill shall be carried up symmetrically in lifts from haunch to crown and simultaneously over all piers, abutments, and arch rings. Compaction shall be in accordance with 211.04. 211.09 Method of Measurement B borrow, structure backfill types 1, 2, or 3, and aggregate for end bent backfill will be measured by the cubic yard (cubic meter) as computed from the neat line limits shown on the plans, or as adjusted. If cubic yards (cubic meters) are set out as the pay item for B borrow or structure backfill in the Schedule of Pay Items and if neat line limits are not specified for measurement of volume for the material, measurement will be made by the cubic yard (cubic meter) at the loading point in truck beds which have been measured, stenciled, and approved. The B borrow may be weighed and converted to cubic yards (cubic meters) by assuming the weight per cubic foot (mass per cubic meter) to be 90% of the maximum wet density in accordance with AASHTO T 99. The material may be cross sectioned in its original position and again after excavation is complete, and the volume computed by the average end area method. If B borrow is used for backfill in areas where unsuitable material is present or peat excavation has been performed, unless otherwise directed, the B borrow will be cross sectioned, and the volume will be computed by the average end area method. Structure backfill types 4 or 5 will be measured by the cubic yard (cubic meter) as computed from the neat line limits shown on the plans, or as adjusted. If neat line limits are not shown on the plans, the volume in cubic yards (cubic meters) of flowable backfill furnished and placed as structure backfill type 4 or 5 will be computed from the nominal volume of each batch and a count of the batches. Unused and wasted flowable backfill will be estimated and deducted. B BORROW AND STRUCTURE BACKFILL TS-22 IN20030661 If the material is to be paid for by the ton (megagram), it will be weighed in accordance with 109.01(b). If the material comes from a wet source such as below water or a washing plant, and weighing is involved in the method of measurement, there shall be a 12 h drainage period prior to the weighing. Geotextile will be measured in accordance with 616.12. 211.10 Basis of Payment The accepted quantities of B borrow will be paid for at the contract unit price per cubic yard (cubic meter) or per ton (megagram) as specified, complete in place. Structure backfill will be paid for at the contract unit price per cubic yard (cubic meter) of the type specified, based on the neat line limits shown on the plans or as adjusted for authorized changes, provided the material comes from outside the permanent right-of-way. If the Schedule of Pay Items does not contain a pay item for structure backfill and it is required to backfill pipes or culverts within the project limits, a change order will be generated to establish a unit price. B borrow material placed outside the neat lines will be paid for as borrow when such B borrow eliminates required borrow material. Otherwise, no payment will be made for backfill material placed outside the neat lines. Aggregate for end bent backfill will be paid for at the contract unit price per cubic yard (cubic meter), based on the neat line limits shown on the plans or as adjusted by authorized changes. Geotextile will be paid for in accordance with 616.13. Flowable backfill which is substituted for structure backfill will be paid for as structure backfill. If topsoil, loam, or other suitable material in accordance with 211.05 is used for expediting the growth of seed or sod, it will be paid for at the contract unit price per cubic yard (cubic meter) for borrow, unless otherwise provided. Payment will be made under the following: Pay Item Pay Unit Symbol Aggregate For End Bent Backfill........................................................CYS (m3) B Borrow.............................................................................................CYS (m3) TON (Mg) Structure Backfill, Type ____ ............................................................CYS (m3) No payment will be made under this section for material obtained within the excavation limits of the project if the Contractor is directed to use the material as B borrow or structure backfill in a pipe trench, culvert, construction of an embankment or fill, or if the Contractor uses the material for its own B BORROW AND STRUCTURE BACKFILL TS-22 IN20030661 convenience. Material obtained from within the excavation limits of the project and which the Contractor is directed to use as B borrow or structure backfill for other purposes including replacement of undercut areas, support for a MSE wall, and end bent fill will be paid for at the contract unit price of $5.00 per cubic yard ($6.50 per cubic meter) for B borrow/structure backfill handling. The cost of disposal of excavated material shall be included in the cost of the pay items in this section. B BORROW AND STRUCTURE BACKFILL TS-22 IN20030661 SP-23 – CHEMICAL MODIFICATION OF SOILS section 215, delete lines 1 thru 140 and insert as follows: SECTION 215 – CHEMICAL MODIFICATION OF SOILS 215.01 Description This work shall consist of the modification of soils by uniformly mixing dry portland cement, fly ash, lime, or a combination of the materials with soil to aid in achieving the workability of soils having an excessive moisture content. MATERIALS 215.02 Materials Materials shall be in accordance with the following: Fly Ash...................................................................................901.02 Lime .......................................................................................913.04(b) Portland Cement, Type I........................................................901.01(b) Water......................................................................................913.01 CONSTRUCTION REQUIREMENTS 215.03 Testing and Mix Design The Contractor shall be responsible for all tests required to determine the chemical modifier type and optimum chemical modifier content for modification of the soils. The modifier selection, laboratory testing, and mix design shall be performed by an approved geotechnical consultant in accordance with the Department’s Design Procedures for Soil Modification or Stabilization. The quantities for hydrated lime, quicklime, or portland cement shall be based on 4.0 ± 0.5% by dry unit weight (mass) of the soils. The quantities for lime by-products shall be based on 5.0 ± 1.0% by dry unit weight (mass) of the soils. The quantities for fly ash class C shall be based on 12.0 ± 2.0% by dry unit weight (mass) of the soils. Class F fly ash shall not be used except in combination with lime or cement. If hydrated lime, quick lime, or cement are used, test results, recommendations, and a type A certification for the chemical modifiers, except for cement, shall be submitted to the Engineer prior to use. If fly ash, lime, lime by-products, or any combination of chemical modifiers are used, test results, recommendations, and type A certifications for the chemical modifiers shall be submitted to the Engineer and to the Materials and Tests Division for approval at least five business days prior to use. Cement, if used, shall be from the Department’s list of approved Cement Sources. CHEMICAL MODIFICATION OF SOILS TS-23 IN20030661 The quantity of chemical modifier may be adjusted for different soil types. However, the source or type of chemical modifier shall not be changed during the progress of the work without approval. A change in source or type shall require a new mix design. 215.04 Storage and Handling The chemical modifier shall be stored and handled in accordance with the manufacturer’s recommendations. 215.05 Weather Limitations The chemical soil modification shall be performed when the soil has a minimum temperature of 45°F (7°C), measured 4 in. (100 mm) below the surface, and with the air temperature rising. The chemical modifier shall not be mixed with frozen soils or with soil containing frost. Chemical modification of soils for the purpose of modifying the moisture characteristics of wet fill soils for the earth embankments (excluding subgrade treatment and the top 16 in. of chemically modified fill) can be performed when the soil has a minimum temperature of 35°F. The temperature of the soil during placement, spreading of chemical modifier and compaction should not be less than 35°F. Any soil that has a temperature less than 35°F should be removed. If work is suspended, an 8 in. thick lift of loose soil should be placed over the chemically modified soil to protect the soil from freezing. 215.06 Preparation of Soils The soils shall be prepared in accordance with 207.03. All aggregates which are larger than approximately 3 in. (75 mm) encountered before or after mixing the soils and chemical modifiers shall be removed. 215.07 Spreading of Chemical Modifiers Where type A-6 or A-7 soils are used or encountered, the surface shall be scarified or disked to the specified depth prior to distribution of the chemical modifier. If a combination of modifiers are used, it shall be mixed mechanically prior to being incorporated. The chemical modifier shall be distributed uniformly by a cyclone, screw-type, or pressure manifold type distributor. The chemical modifier shall not be applied when wind conditions create problems in adjacent areas or create a hazard to traffic on any adjacent roadway. The spreading of the chemical modifier shall be limited to an amount which can be incorporated into the soil within the same work day. If weather causes stoppage of work or exposes the chemical modifier to washing or blowing, additional chemical modifier may be spread when the work resumes. 215.08 Mixing The chemical modifier, soil, and water when necessary, shall be thoroughly mixed by rotary speed mixers or a disc harrow. The mixing shall continue until a homogenous layer of the required thickness has been obtained. One hundred percent of the material, exclusive of rock particles, shall pass CHEMICAL MODIFICATION OF SOILS TS-23 IN20030661 a 1 in. (25 mm) sieve and at least 60% shall pass a No. 4 (4.75 mm) sieve. The mixing depth shall be 16 in. (400 mm). When chemical modification of the soils is used for the purpose of modifying the moisture characteristics of wet fill soils for the earth embankments, the lift thickness shall be limited to 8 in. loose and 6 in. compacted. 215.09 Compaction Compaction of the mixture shall begin as soon as practicable after mixing. Compaction after mixing shall be as follows: (a) For cement modified soils, mixing shall be completed within 30 min of cement placement and compaction shall be completed within 3 h after mixing. (b) Fly ash modified soils shall be compacted within 4 h. (c) Lime modified soils shall be compacted within 24 h. Compactive efforts shall be in accordance with 203 or 207.03 as applicable. Compaction verification of chemically modified soils will be determined based on the dynamic cone penetrometer (DCP) in accordance with ASTM D-6951-03. A maximum penetration of 8 mm per blow will be used for verification of adequate lift compaction. The moisture content of the mixture shall be between the optimum moisture and the optimum moisture plus 2.0%. Aeration or drying by further mixing, or the addition of water and further mixing, may be required to obtain the optimum moisture content. Construction traffic or equipment shall not be on the chemically modified subgrade treatment soils (i.e., the 16 in. of chemically modified soils beneath the crushed aggregate subgrade treatment) within 72 hours after compaction. Construction traffic when chemical modification of the soils is for the purpose of modifying the moisture characteristics of wet fill soils for the earth embankments (excluding the top 16 in. of the fill or the subgrade treatment) can be allowed provided the construction traffic is routed in only one direction, that turning of construction traffic does not occur on the chemically modified fill soil and the construction traffic does not break down the chemically modified soil or cause pumping or rutting of the chemically modified soils. 215.10 Method of Measurement The accepted quantity of chemically modified soils for subgrade treatment will be measured by the square yard (square meter), complete in place. All excavation required to modify the soils below the specified depth will be measured in accordance with 203.27(b). The accepted quantity of lime used for modifying wet soils will be measured by the ton (MG) of lime complete in place and will only be paid for if soil modification is directed by Engineer. CHEMICAL MODIFICATION OF SOILS TS-23 IN20030661 215.11 Basis of Payment The accepted quantity of chemically modified soils for use as subgrade treatment will be paid for by the square yard (square meter), complete in place. All excavation required to modify the soils below the specified depth will be paid for in accordance with 203.28. The accepted quantity of lime used for modifying wet soils will be paid for by the ton (MG) of lime material used for modification. The payment quantity for modifying wet soils represents the cost of the lime modifier, not the total mass of the modified fill. Adjustment of materials for chemical modification that exceeds the limits of 215.03 will be included in a change order for materials only and paid for as chemical modifier adjustments. If mix design test results show that hydrated lime, quicklime, lime by-products, or fly ash are not appropriate and moisture density compaction can not be achieved, a price adjustment will be made for the use of cement. The price adjustment will be calculated at a cost equal to the difference in the invoice cost of the cement and the invoice cost of the hydrated lime. This adjustment will be included in a change order and will be paid for as chemical modifier adjustments. Payment for chemical modifier adjustments will be made for direct material costs incurred by the Contractor and shall not include any other markups. Payment will be made under: Pay Item Pay Unit Symbol Chemical Modification, Soils, Subgrade Treatment........................... SYS (m2) Chemical Modifier, Soils, Modifying Wet Fill Soil, Lime ..............TON (MG) The cost of performing the laboratory tests, providing an approved geotechnical consultant, scarification of the subgrade, spreading and mixing of the chemical modifier and soil, compaction of the resultant mixture, shaping the subgrade, work required due to adjustments of modifier proportioning, additional modification required due to weather conditions, correction of deficient areas, water required for the modification process, modified subgrade trimming, and all operations needed to meet the requirements of this specification shall be included in the cost of the pay items of this section. CHEMICAL MODIFICATION OF SOILS TS-23 IN20030661 SP-24 – 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 dated 2006 and the Materials and Tests Frequency Manual dated January 2005. 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, and dynamic pile load pile driving analysis (PDA). 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, slump, proctor analysis and density testing of embankments, subgrade, and pipe structure backfill. MATERIAL TESTING TS-24 IN20030661 SP-25 – CONCRETE PAVEMENT The Standard Specifications are revised as follows: SECTION 504, LINE 33, DELETE AND INSERT AS FOLLOWS: The textured surface of PCCP shall be tined, unless otherwise specified. Tining shall consist of transverse longitudinal grooves that are between 3/16 and 1/8 in. (2.3 and 3.3 mm) in width, between 1/8 and 3/16 in. (3 and 4.8 mm) in depth, and be spaced as follows: 5/8 in., 1 in., 7/8 in., 5/8 in., 1 1/4 in., 3/4 in., 1 in., 1 in., 1 in., 1 in., 3/4 in., 7/8 in., 1 3/4 in., 7/8 in., 3/8 in., 1 in., 1 in., 1 1/4 in., 1 1/2 in., 7/8 in., 3/4 in., 7/8 in., 1 in., 7/8 in., 1 in. (16 mm, 25 mm, 22 mm, 16 mm, 31 mm, 19 mm, 25 mm, 25 mm,25 mm, 25 mm, 19 mm, 22 mm, 44 mm, 22 mm, 9 mm, 25 mm, 25 mm, 31 mm, 38 mm, 22 mm, 19 mm, 22 mm, 25 mm, 22 mm, 25 mm). The grooving pattern shall be repeated across the pavement. Use a tining machine with an automated alignment control system to assure that all tining runs straight and parallel to the longitudinal axis of the pavement. Use a rake with individual 1/8 inch (3 mm) tines spaced uniformly with a clear spacing between tines of 3/4 inches (19 mm). The grooves shall be formed in the plastic concrete without tearing the surface and without bringing pieces of the coarse aggregate to the top of the surface. SECTION 508, LINE 215, DELETE AND INSERT AS FOLLOWS: 508.06 Texturing Equipment Mechanical texturing equipment shall be capable of forming transverse longitudinal grooves of uniform depth and alignment in the plastic PCCP, without tearing the surface. The texturing comb shall have steel tines spaced as specified. Hand tools consisting of fluted floats, rakes with spring steel tines, or finned floats with a single row of fins shall produce grooves which conform to the same requirements as those specified for the grooves formed by the mechanical equipment. CONCRETE PAVEMENT TS-25 IN20030661 SP-26 – REMOVAL OF GUARDRAIL The Standard Specifications are revised as follows: SECTION 601, BEGIN LINE 230, DELETE AND INSERT AS FOLLOWS: plans. When it is specified that the The removed guardrail is to become the property of the Department,. the The rail elements, posts, and blocks shall be removed without being damaged. The removed material shall be stored as directed. REMOVAL OF GUARDRAIL TS-26 IN20030661 SP-27 – GUARDRAIL BLOCKOUTS In lieu of the wood blockouts currently allowed by the specifications, blockouts may be selected from the following list. The blockouts shall be dimensioned as tested and shall be used with the type of guardrail as tested in accordance with NCHRP 350. If selected from the list, the blockouts shall be accompanied by a certification from the manufacturer stating the blockouts furnished have the same chemistry, mechanical properties, and geometry as those certified to have passed the NCHRP 350 crash test and have been certified by the Federal Highway Administration to be acceptable for use on NHS facilities. Blockouts from the following list may be used interchangeably with wood blockouts as long as the line and grade of the face of the guardrail is true to that shown on the plans and the conditions of the first paragraph above are met. Manufacturers wishing to have blockouts placed on the following list shall furnish the Department copies of the NCHRP 350 test results and a letter from the Federal Highway Administration approving them for use on NHS facilities. Such information shall be forwarded to the Standards Manager, Indiana Department of Transportation, Room N642, 100 N. Senate Avenue, Indianapolis, IN 46204-2216. Anro Block Anro Timber Products, Inc. 7887 Ashwood Dr. SE Ada, Michigan 49301 (616) 682-4518 Dura-Bull Creative Building Product Div. of Spirit of America Corp. 4307 Arden Drive Fort Wayne, IN 46804 (800) 860-2855 Eco-Block Eco-Composites LLC 17169 Hayes Road Grand Haven, MI 49417 (616) 844-2001 King Block Trinity Industries, Inc. 655 East Dixie Drive Elizabethtown, KY 42701 (800) 282-7668 GUARDRAIL BLOCKOUTS TS-27 IN20030661 MONDO Block MONDO Polymer Technologies State Route 7 P.O. Box 250 Reno, OH 45773 (740) 376-9396 Polylumber PL6814R RAMCO International P.O. Box 9625 Pittsburg, PA 15226 (412) 494-0743 Polylumber PL5814R RAMCO International P.O. Box 56 Imperial, PA 15126 PBLOCK R. G. Steel Corporation P.O. Box 356 Rt. 551 Pulaski, PA 16143 (724) 656-1722 GUARDRAIL BLOCKOUTS TS-27 IN20030661 SP-28 – CAPPING CUT AND FILL SLOPES STEEPER THAN 3:1 Description This work shall consist of: a) covering soil slopes with a cohesive soil to establish vegetation; b) use of soil reinforcement materials and blankets for mulching seed as shown on the plans and in accordance with these requirements; c) use of water absorption chemicals to hold water and keep moisture available for seed germination; and d) soil testing for pH, nutrient supply, and organic matter percentage. Materials The materials shall be in accordance with the following: (a) Mulch Blankets The mulch blankets shall be excelsior blankets or straw mats in accordance with 621.05(d) or 621.05(f). (b) Water Absorption Gels Water absorption gels developed for horticultural use shall be incorporated into the top 1 1/2 in. (30 mm) of the capping soil according to the manufacturer’s recommendations. The Contractor shall supply a copy of the manufacturer’s recommendation to the Engineer prior to the placement of the capping soil. (c) Capping Soil The capping soil shall be a type A4, A5, A6, or A7 AASHTO classification, that has a pH range of 6 to 7 and an organic content of 5 to 10% by volume or 2 to 3% by dry weight. The soil shall be tested by an approved laboratory and the results shall be furnished to the Engineer prior to the placement of the soil. Construction Requirements All slopes steeper than 3:1 designated for seeding shall be stripped to a depth of 2 in. (50 mm) and then covered with a 6 in. (150 mm) layer of capping soil. The capping soil shall be evenly spread over all areas and shall have the water absorption gels incorporated. The capping soil shall be tracked into place such that the cap adheres to the existing soil and forms the desired contours for the slope. All debris in the capping soil shall be in accordance with 203.09. All areas shall be fine graded to produce a smooth surface which conforms to the contours and cross sections desired. Method of Measurement Existing soils stripped and stockpiled for use as a capping soil will be measured as common excavation in accordance with 203.27. Capping soil obtained from off the right-of-way will be measured as borrow in accordance with 203.27. Erosion control blankets will be measured in accordance with 621.12. Water absorption gels will not be measured for payment. CAPPING CUT AND FILL SLOPES STEEPER THAN 3:1 TS-28 IN20030661 Basis of Payment Existing soils stripped, stockpiled, and then redistributed as a capping soil will be paid for as common excavation in accordance with 203.28. Capping soil obtained from off the right-of-way will be paid for as borrow in accordance with 203.28. Erosion control blankets will be paid for in accordance with 621.13. The cost of the water absorption gel shall be included in the cost of the erosion control blanket. CAPPING CUT AND FILL SLOPES STEEPER THAN 3:1 TS-28 IN20030661 DRAINAGE STRUCTURES TS-29 IN20030661 SP-29 DRAINAGE STRUCTURES Certain drainage structures are to be connected to existing drainage structures at specific locations on this project. Prior to beginning construction of the structures, the flow line elevations and alignment of the existing structures are to be checked and proven in the field to ensure that these structures can be constructed as shown on the plans. Installation of all new drainage structures involving the removal of portions of existing pipe and existing structures shall be accomplished such that unnecessary damage to the existing pipe to remain in place shall be avoided. During the structure installation, the existing pipe shall be replaced to an extent of 1.5 m (5 LF) maximum from the new structure or as directed by the Engineer. New structures shall be placed in accordance with 720.03 and pipe replacement shall be performed in accordance with 715.04 and 715.05. All drainage structures and pipes within the project limits that are not designated for removal or replacement shall be flushed clean with water. Measurement and payment of the new pipe will be made in accordance with 715.11 and 715.12, respectively. Structure backfill will be paid for in accordance with 211.10. Removal of existing structures and pipe will not be paid for directly, but shall be covered in the cost of the new pipe. The cost of checking the existing structure, cleaning and flushing existing structures and pipes, and the cost of connecting the new drainage structure to the existing drainage structure will not be paid for directly. The cost thereof shall be included in the cost of the contract unit price of the new drainage structure and pipe. All existing structures damaged during construction shall be replaced with no additional payment. SP-30 – STORM SEWER PIPE Description This work shall consist of the construction or reconstruction of pipe culverts, storm sewers, slotted drain pipe, or slotted vane drain pipe in accordance with 105.03. Materials Storm sewer pipes shall be Reinforced Concrete Pipe in accordance with section 907.02 of the standard specifications. A-2000 PVC corrugated drainage pipe with a smooth interior will be considered an acceptable alternate for pipes 36 inch in diameter or less. A-2000 PVC pipe shall in accordance with the attached detail. UNIT COST The cost of storm sewer pipe shall be paid for as “Pipe, Reinforced Concrete, size.” and shall be measured per the lineal foot. PVC STORM SEWER PIPE TS-30 IN20030661 PVC STORM SEWER PIPE TS-30 IN20030661 SP-31 – CERTIFICATION FOR TEMPORARY TRAFFIC CONTROL DEVICES Category 1 Devices The Contractor shall certify that the following temporary traffic control devices to be used do not exceed the maximum values shown in the table below, and are considered crashworthy at Test Level 3 in accordance with National Cooperative Highway Research Program Report No. 350. Device Composition Maximum Weight (Mass) Maximum Height Single Piece Traffic Cones Rubber 20 lb (9 kg) 36 in. (920 mm) Plastic 20 lb (9 kg) 48 in. (1220 mm) Tubular Markers Rubber 13 lb (6 kg) 36 in. (920 mm) Plastic 13 lb (6 kg) 36 in. (920 mm) Single Piece Drums High Density Plastic 77 lb (35 kg) 36 in. (920 mm) Low Density Plastic 77 lb (35 kg) 36 in. (920 mm) Delineators Plastic, Fiberglass N/A 48 in. (1220 mm) No lights, signs, flags, or other auxiliary attachments are included in the weight (mass) of the devices listed above. Reflective sheeting or reflective buttons are included on delineators. Maximum weights (masses), including ballast, do not exceed the values shown in the table. “Single piece” refers to the construction of the body of the drum exclusive of a separate base, if any. Type A or type C warning lights in accordance with the following specifications will be allowed on drums if they are firmly attached with vandal resistant 1/2 in. (13 mm) diameter by 4 in. (95 mm) cadmium plated steel bolt with nut and a 1 1/2 in. (38 mm) high cup washer. 1. The weight (mass) shall be no more than 5 lb (2.4 kg). 2. The lens diameter shall be 7 to 8 in. (180 to 200 mm). 3. The height of the light shall be 11 to 14 in. (270 to 340 mm). Category II Devices Category II temporary traffic control devices include type III barricades, vertical panels, portable sign standards, and other light-weight traffic control devices. Category II temporary traffic control devices shall be in accordance with the NCHRP Report 350, test level 3. A form will be provided at the pre-construction conference for the Contractor to complete and return to the Engineer prior to the placement of category I or II traffic control devices. CERTIFICATION FOR TEMPORARY TRAFFIC CONTROL DEVICES TS-31 IN20030661 SP-32 – WORKSITE ADDITIONAL PENALTY SIGNS Worksite Added Penalty signs shall be placed as shown in the plans or as directed by the Engineer. The signs shall typically be placed in advance of the first Road Construction Ahead signs at either end of the project. The actual location and quantity of the signs will be determined by the Engineer in coordination with the Worksite Traffic Control Supervisor. The XG20-7a “WORKSITE ADDED PENALTY SIGN, 60 x 36” shall only be installed on projects in urban areas that have a posted speed limit of 35 MPH or less and also meet one of the following conditions: 1. The existing surfaces outside the edge of pavement make installation of driven posts impractical, or 2. The width of the Right-of-Way outside of the edge of pavement is not sufficient to accommodate the larger XG20-7 “WORKSITE ADDED PENALTY SIGN, 78 x 42”sign. The XG20-7b and XG20-7c “WORKSITE ADDED PENALTY SIGNS, 48 x 48” shall be used in series with each other and shall only be used on projects that meet one of the following conditions: 1. Rural projects where the width of the Right-of-Way outside of the edge of pavement is not sufficient to accommodate the larger XG20-7 “WORKSITE ADDED PENALTY SIGN, 78 x 42” sign, or 2. Contracts using only moving operations where construction signs are set and removed each day to accommodate the changing location of the work. The XG20-7 “WORKSITE ADDED PENALTY SIGN, 78 x 42” shall be installed on all projects in all cases not otherwise described above. Worksite Added Penalty signs will be measured and paid for as Construction Sign, Type C in accordance with 801.17 and 801.18. WORKSITE ADDITIONAL PENALTY SIGNS TS-32 IN20030661 WORKSITE ADDITIONAL PENALTY SIGNS TS-32 IN20030661 WORKSITE ADDITIONAL PENALTY SIGNS TS-32 IN20030661 WORKSITE ADDITIONAL PENALTY SIGNS TS-32 IN20030661 WORKSITE ADDITIONAL PENALTY SIGNS TS-32 IN20030661 WORKSITE ADDITIONAL PENALTY SIGNS TS-32 IN20030661 SP-33 – TRAFFIC CONTROL DEVICE REPORT FORM TRAFFIC CONTROL DEVICE REPORT FORM TS-33 IN20030661 SP-34 – TEMPORARY CONCRETE TRAFFIC BARRIERS The Standard Specifications are revised as follows: SECTION 801, BEGIN LINE 320, DELETE AND INSERT AS FOLLOWS: 801.10 Temporary Traffic Barriers Temporary traffic barrier shall be one of the following four types as shown on the plans. Type 1 Type 1 temporary traffic barriers shall be used to separate two-way traffic and shall be precast concrete in accordance with applicable requirements of 707 and 602 and as shown on the plans. Type 1 barriers may also be used to separate traffic from the work zone. The surfaces of individual precast units shall vary no more than 0.25 in. (6 mm) in 10 ft (3 m) from the specified cross section, as measured from a longitudinal straightedge. The maximum variation in the vertical and horizontal alignment of adjacent units shall be 0.25 in. (6 mm) across the joint, as measured from a 10 ft (3 m) longitudinal straightedge. Sections that have obvious defects or visual cracks shall not be used. Sections that develop any of these conditions during the contract shall be repaired with concrete or replaced within a reasonable amount of time. Type 1 barrier units precast prior to 2003 shall not be used after January 1, 2012. Units precast after March 1, 2003 shall be clearly marked with the name or trademark of the manufacturer, the year of manufacture, and “INDOT”. The markings shall be indented on an end or on the top of each barrier section. Units precast prior to 2003 shall not be used after January 1, 2012. Units precast after January 1, 2007 shall be from the Department’s list of Certified Precast Concrete Producers. TEMPORARY CONCRETE TRAFFIC BARRIERS TS-34 IN20030661 SP-35 – TEMPORARY PAVEMENT MARKINGS The Standard Specifications are revised as follows: SECTION 801, AFTER LINE 25, INSERT AS FOLLOWS: Temporary Pavement Marking Tape .....................................923.01 Temporary Raised Pavement Markers...................................923.02 SECTION 801, BEGIN LINE 547, DELETE AND INSERT AS FOLLOWS: 801.12 Temporary Pavement Marking Temporary pavement markings shall be new materials placed in accordance with 808.04 and 808.05. However, when temporary markings are to be in place for 14 calendar days or less the dashed line pattern used on center line and lane lines may be 4 ft (1.2 m) line segments on 40 ft (12 m) centers. and gore Gore areas shall be marked by outline only and may be 5 in. (125 mm) wide lines. No-passing zones on all undivided two-way roadways shall be identified with signs and centerline markings. However, the dashed line pattern used on center line and lane lines may be 4 ft (1.2 m) line segments on 40 ft (12 m) centers. Gore areas shall be marked by outline only and may be 5 in. (125 mm) wide lines. All temporary markings shall be maintained and replaced until they are no longer applicable. Temporary markings placed on the final surface course shall be temporary marking tape type 1. Where possible, where non-removable temporary markings are used on a final surface, such markings shall be placed at the same location where permanent markings will later be affixed or parallel to and within 12 in. (300 mm) of the permanent marking pattern. Where temporary pavement markings are to be placed on a pavement which has existing markings, the existing markings which conflict with the temporary markings shall be removed in accordance with 808.10. When working under traffic, the temporary pavement markings shall be placed before opening the lane to traffic. This shall include, but not be limited to, the marking patterns of gore areas, outside edge line of deceleration and acceleration lanes, narrow bridge markings, lane reduction transitions, lane lines, centerlines, and transverse markings as appropriate. If a pavement course is to be in place for a period greater than 14 calendar days, all temporary pavement markings shall be placed in accordance with 808.04 and stop lines shall be placed in accordance with 808.05. No-passing zones on all undivided two-way roadways shall be identified with signs and centerline markings. If the temporary Temporary pavement markings which are to be in service from December 1 through the following March 31 shall be painted markings., such Such markings shall be placed in the standard pavement marking pattern and applied prior to the suspension of the work, or within seven work days after the Contractor is directed to place the markings. Adjustments to these dates to accommodate actual seasonal suspension and continuance of work are subject to approval by the Engineer upon written request. TEMPORARY PAVEMENT MARKINGS TS-35 IN20030661 SECTION 801, BEGIN LINE 589, DELETE AND INSERT AS FOLLOWS: 1. Paint Painted lines markings on new HMA courses shall require a second application of paint and beads as soon as practical after the first application is dry. 2. Temporary Pavement Marking Tape Temporary pavement marking tape shall be applied in accordance with the manufacturer’s recommendations. Temporary marking tape shall be new type I or type II material. All temporary pavement marking tape shall be removed prior to placement of an HMA overlay or final pavement markings to placing the next pavement course, prior to placing an overlay, prior to recycling the pavement, or prior to placing the final pavement markings, except as otherwise described herein. a. Type I Type I tape is a removable material. It may be used for longitudinal and transverse markings. It shall be used for longitudinal and transverse markings on the final surface. Type I tape shall be removed without the use of solvents, grinding, abrasive blasting, or other methods which may damage the pavement. All visible adhesive residue shall be removed without use of solvents or grinding. b. Type II Type II tape is a non-removable material. It may be used on PCCP to be removed or on PCCP to be overlaid with an HMA course greater than 110 165 lb/sq yd (60 90 kg/m2). If it is Type II tape placed on HMA pavement, the tape shall be removed prior to the recycling of the HMA material placing the next pavement course. If it is necessary to remove type II tape, it shall be removed without the use of solvents. All damage to the pavement shall be repaired. 3. Temporary Raised Pavement Marker The temporary raised pavement marker shall be grade 1 or grade 2. When used, it shall be a supplement to other temporary pavement markings. The color of the reflector shall be in accordance with the other temporary pavement marking. The color of the shell of the grade 1 marker shall be in accordance with the color of the other temporary pavement marking. Temporary raised pavement markers shall be removed before the next layer of pavement is placed and before the final pavement markings are applied. All damage to the pavement shall be repaired. 4. Temporary Buzz Strips Temporary buzz strips shall be a set of transverse markings constructed of removable or durable marking material. Durable marking material shall be used in accordance with 808.07(b). Temporary buzz strips shall be removed in accordance with 808.10 when no longer required or as directed. TEMPORARY PAVEMENT MARKINGS TS-35 IN20030661 SECTION 801, BEGIN LINE 860, INSERT AS FOLLOWS: with 621.13. Removal and subsequent replacement of permanent pavement markings and snowplowable raised pavement markers for temporary crossovers will be measured in accordance with 808.12. Removal and resetting of guardrail, if required for temporary crossovers, will be measured in accordance with 601.13. SECTION 801, BEGIN LINE 872, INSERT AS FOLLOWS: Temporary pavement message markings will be measured by the number of each type placed. Longitudinal and transverse temporary pavement markings will be measured by the linear foot (meter) of material actually placed. Temporary buzz strips will be measured by the linear foot (meter) for each 8 in. (200 mm) strip placed, without regard to the number of passes required to attain the specified height. Removal, when necessary, of any type of non-removable temporary pavement markings will be measured in accordance with 808.12. Removal of removable temporary pavement markings will not be measured for payment. Where temporary pavement markings are to be placed on a pavement which has existing markings, removal of existing markings which conflict with the temporary markings will be measured in accordance with 808.12. If, due to a Department initiated change or an approved expedited construction schedule, it is necessary to remove temporary non-removable pavement markings, such removal will be measured in accordance with 808.12. The removal of existing pavement markings which are in conflict with temporary markings, will be measured in accordance with 808.11. The removal and replacement of prismatic reflectors on existing snowplowable raised pavement markers will be measured in accordance with 808.12. SECTION 801, BEGIN LINE 896, INSERT AS FOLLOWS: 801.18 Basis of Payment The accepted quantities of construction signs, detour route marker assemblies, detour route marker assemblies-multiple routes, temporary worksite speed limit sign assemblies, road closure sign assemblies, permanent road closure sign assemblies and temporary raised pavement markers will be paid for at the contract unit price per each. Payment for temporary worksite speed limit assemblies and temporary changeable message signs will be made for the maximum number of such assemblies in place at any one time during the life of the contract. Type III-A, type III-B, and permanent type III barricades will be paid for at the contract unit price per linear foot (meter). SECTION 801, BEGIN LINE 933, INSERT AS FOLLOWS: Removal and subsequent replacement of permanent pavement markings and snowplowable raised pavement markers for temporary crossovers will be paid for in accordance with 808.13. Removal and resetting of guardrail, if required for temporary crossovers, will be paid for in accordance with 601.14. SECTION 801, BEGIN LINE 950, DELETE AND INSERT AS FOLLOWS: Temporary pavement message markings placed will be paid for at the contract unit price per each, for the message specified. Longitudinal and transverse temporary Temporary pavement markings TEMPORARY PAVEMENT MARKINGS TS-35 IN20030661 and temporary buzz strips, will be paid for at the contract unit price per linear foot (meter) of material, complete in place, except as set out below. Removal, when necessary, of non-removable temporary pavement lines and message markings will be paid for in accordance with 808.13. The cost of removal of removable temporary pavement markings shall be included in the cost of the pay item for placement of the markings. Where temporary pavement markings are to be placed on a pavement which has existing markings, removal of the existing markings which conflict with the temporary markings will be paid for in accordance with 808.13. Permanent tubular markers and permanent drums will be paid for at the contract unit price per each. The removal of temporary non-removable pavement markings caused by a Department initiated change or an approved expedited construction schedule, and the removal of existing pavement markings which are in conflict with temporary markings will be paid for in accordance with 808.13. SECTION 801, BEGIN LINE 1056, INSERT AS FOLLOWS: The cost of furnishing, installing, maintaining, and subsequent removal of temporary raised pavement marker shall be included in the cost of temporary raised pavement marker. The cost of placement, maintenance and replacement of temporary pavement markings shall be included in the cost of the markings. SECTION 801, BEGIN LINE 1071, DELETE AND INSERT AS FOLLOWS: The cost of the second application of paint and beads for painted temporary markings painted lines on new HMA courses shall be included in the cost of the first application of painted temporary pavement markings. SECTION 801, BEGIN LINE 1103, DELETE AS FOLLOWS: The cost of necessary flaggers; protection of traffic at structure foundations; and furnishing, erecting, placing, maintaining, relocating, and removing lights, cones, flexible channelizers, tubular markers, drums, delineators, temporary pavement markings, or other devices as directed shall be included in the cost of maintaining traffic. SECTION 808, BEGIN LINE 348, DELETE AS FOLLOWS: On Federal aid contracts, the 180 day warranty shall apply only to thermoplastic pavement marking material. SECTION 808, BEGIN LINE 351, DELETE AND INSERT AS FOLLOWS: 808.10 Removal of Pavement Markings Pavement markings which conflict with revised traffic patterns and may confuse motorists shall be removed immediately before, or immediately following, any change in traffic patterns as directed or approved. TEMPORARY PAVEMENT MARKINGS TS-35 IN20030661 Removal of pavement markings shall be to the fullest extent possible without materially damaging the pavement surface. Pavement marking removal methods shall be sandblasting, steel shot blasting, waterblasting, grinding or other approved mechanical means. Grooving will not be permitted. Grinding will only be permitted when removing thermoplastic or epoxy pavement markings. under the following conditions: (a) when removing durable pavement markings, or (b) when removing non-durable markings where another course of material is to be placed on the existing course. Painting over existing pavement markings to obliterate them will not be permitted. SECTION 808, BEGIN LINE 544, INSERT AS FOLLOWS: No additional payment will be made for the second application of traffic paint and glass beads as required in 808.07(a)1. No additional payment will be made for the replacement of markings that fail to meet the warranty conditions of 808.09. TEMPORARY PAVEMENT MARKINGS TS-35 IN20030661 SP-36 STORMWATER TREATMENT SYSTEMS The CONTRACTOR will be required to install a Stormwater Treatment Systems (SWTS) on this project. SWTS Type II shall be a VorSentry Model VS70, manufactured by CONTECH Stormwater Solutions, Inc., or approved equal. SWTS Type III shall be a VorSentry Model VS80, manufactured by CONTECH Stormwater Solutions, Inc., or approved equal. The stormwater treatment system (SWTS) types shown in the plans shall correspond to the structure numbers used in pay item names as shown below. SWTS Type Location Str. No. on Plans Type II Sta. 108+50 Line “E”, 417 Type III Sta. 109+50 Line “E”, 418 The SWTS units installed shall meet or exceed the manufacturer’s stormwater treatment rates, as shown. If an alternative SWTS is used, the stormwater treatment rates of the proposed system shall be submitted to the ENGINEER for approval. The CONTRACTOR will provide bedding in accordance with the manufacturer’s specifications and structure backfill in accordance with Section 720.03 of the Standard Specifications for all SWTS structures. The CONTRACTOR shall supply an operation and maintenance manual to the ENGINEER for each unit installed. The operation and maintenance manual will become the property of the OWNER following the completion of the project. Measurement of stormwater treatment systems will be made per each unit complete in place. Payment will be made under: Pay Item Pay Unit Symbol Stormwater Treatment System, Type _____ .....................................EACH The cost of excavation, bedding, backfill, bollards, reinforced concrete, manhole frames and castings, pipe couplings, and other work associated with the installation of the SWTS shall not be paid for directly as such costs shall be included in the contract unit price of the SWTS. STORMWATER TREATMENT SYSTEMS TS-36 IN20030661 STORMWATER TREATMENT SYSTEMS TS-36 IN20030661 STORMWATER TREATMENT SYSTEMS TS-36 IN20030661 SP-37 DEWATERING DESCRIPTION This work shall consist of dewatering at various locations as described in the geotechnical report. Contractor shall be responsible for obtaining all permits, registrations and reporting as may be required for well installation, groundwater pumping and discharge of water. MATERIALS Materials shall include but not be limited to mechanical wells and/or well points. Temporary drainage facilities will be required to discharge the ground water away from the construction area. Wells and/or well points shall be installed and abandoned in conformance with regulations established at 312 IAC 13. CONSTRUCTION Dewatering measures should be implemented early in the construction sequence to lower the groundwater level to an acceptable elevation below the base of excavation to prevent deterioration of the subgrade soils and allow for proper compaction. The dewatering system for each area shall be analyzed and designed based on the field conditions at the time of construction. METHOD OF MEASUREMENT This item will not be measured directly for payment. BASIS OF PAYMENT The cost of all labor, material, equipment, and permit fees necessary to install, operate, and maintain a dewatering system will not be paid for directly but shall be included in the cost of other items DEWATERING TS-37 IN20030661 SP-38 – WINGWALLS AND HEADWALLS FOR PRECAST CONCRETE BOX CULVERTS The Standard Specifications are revised as follows: SECTION 735, BEGIN LINE 1, INSERT AS FOLLOWS: SECTION 735 – WINGWALLS AND HEADWALLS FOR PRECAST CONCRETE BOX CULVERTS 735.01 Description This work shall consist of constructing wingwalls and headwalls in accordance with 105.03 and 714. Wingwalls and headwalls may be precast or cast-in-place. MATERIALS 735.02 Materials The materials shall be in accordance with the following: Flowable Backfill...............................213 Sealer.........................................909.09 or 909.10 Structure Backfill..............................904 Concrete for wingwalls and headwalls shall be Class A and concrete for footings shall be Class B both in accordance with 702 except the coarse aggregate for precast members shall be Size No. 91 in accordance with 904. A water-reducing admixture from the Department’s list of approved Water-Reducing Admixtures may be used. Reinforcing steel in the wingwalls, headwalls, and footings shall be deformed billet steel bars in accordance with 910.01. Reinforcing steel in the headwalls shall be epoxy coated. Wingwalls shall be connected to the outside box culvert sections. Precast wingwalls shall be connected with bolted steel plates. Steel used in bolted connections of wingwalls to box culvert sections shall be in accordance with ASTM A 709 grade 36 (ASTM A 709M grade 250) and galvanized after fabrication in accordance with ASTM A 153 (ASTM A 153M), Class A or B. Bolts shall be in accordance with ASTM A 307 and galvanized in accordance with ASTM A 153 (ASTM A 153M). Weep holes shall be provided in all wingwalls. Front face of wingwalls shall incorporate a Fitzgeraled Georgia Ashlar finish (# 16999) or approved equal as detailed in the project plans. CONSTRUCTION REQUIREMENTS 735.03 Shop Drawings The Contractor shall submit, for approval, three copies of design computations and five sets of shop drawings with each sheet signed by and bearing the seal of a professional engineer. A longhand WINGWALLS AND HEADWALLS FOR TS-38 PRECAST CONCRETE BOX CULVERTS IN20030661 example of the design methodology shall be furnished if the design calculations are in a computer printout format. The shop drawings shall include all details, dimensions, and quantities necessary to construct wingwalls and headwalls and shall include, but not be limited to, the following information. a) Footing details showing all concrete dimensions, elevations, and reinforcing steel with bar size, bar bending diagrams, length, and spacing indicated. Footing plan and section views shall be provided. The actual soil bearing pressure shall be noted on the footing detail sheets. b) Wingwall design computations and details showing all concrete dimensions, reinforcing steel, bar bending diagrams, and anchorage details. Wingwall plan, elevation, and section views shall be provided. c) Headwall details, showing all concrete dimensions, reinforcing steel, bar bending diagrams, and anchorage details. Headwall elevation and section views shall be provided. d) Wingwall backfill type and limits. Wingwall fabrication shall not begin until written approval of the shop drawings and design computations have been received from the Engineer. 735.04 Design The design concrete compressive strength for wingwalls and headwalls shall be 3,500 psi (24 MPa). Wingwalls and headwalls shall be designed based on a minimum equivalent fluid pressure of 40 lb/ft3 (6.3 kN/m3). If flowable backfill is to be used, the Contractor shall consider the effects of hydrostatic pressure on the wingwalls. Horizontal pressures shall be increased for sloping backfill surfaces and live load surcharge. Footings shall be designed for the allowable soil bearing shown on the plans. Wingwalls and wingwall footings shall be designed in accordance with the soil parameters shown on the plans. Wingwall footings and headwall connections shall be checked for sliding and for overturning. Headwalls with bridge rail mounted on top and the anchorage of the headwall to the box culvert section shall be designed for AASHTO traffic railing loadings. (a) Placement of Reinforcement Cover for wingwall and headwall reinforcement shall be a minimum of 2 in. (50 mm). Cover for footing reinforcement shall be 3 in. (75 mm) for the top and sides and 100 mm (4 in.) for the bottom. (b) Splicing and Spacing of Reinforcing Steel Reinforcing steel splicing and spacing requirements shall be in accordance with the AASHTO Standard Specifications for Highway Bridges, except as noted herein. The maximum spacing for wingwall reinforcing steel shall be 18 in. (450 mm) for horizontal bars and 12 in. (300 mm) for vertical bars. 735.05 Manufacture Handling devices or holes will be permitted in each wingwall section. However, not more than four holes shall be cast or drilled in each section. Cast holes shall be tapered. The wingwalls shall be free of fractures. Wingwalls shall be given a finish in accordance with 702.21. 735.06 Marking Each wingwall shall be clearly marked with waterproof paint. The following information shall be shown on the inside face of each wingwall. WINGWALLS AND HEADWALLS FOR TS-38 PRECAST CONCRETE BOX CULVERTS IN20030661 (a) date of manufacture (b) name or trademark of the manufacturer 735.07 Testing (a) Type of Test Specimen Concrete compressive strength shall be determined from compression tests made on cylinders or cores. For cylinder testing, a minimum of four cylinders shall be taken during each production run. For core testing, one core shall be cut from each group of four or fewer wingwalls. For each continuous production run, each group of four wingwalls shall be considered separately for the purpose of testing and acceptance. A production run shall be considered continuous if not interrupted for more than three consecutive days. (b) Compression Testing Cylinders shall be made and tested in accordance with ASTM C 39. Cores shall be obtained and tested for compressive strength in accordance with ASTM C 497 (ASTM C 497M). (c) Acceptability of Core Tests The compressive strength of the concrete in each group of sections as defined above will be acceptable when the core test strength is equal to or greater than the design concrete strength. The random selection and testing of the cores taken by the manufacturer will be performed by the Department. If the compressive strength of the core tested is less than the design concrete strength, the wingwall from which that core was taken may be recored. If the compressive strength of the recore is equal to or greater than the design concrete strength, the compressive strength of the concrete in that group of wingwalls will be acceptable. If the compressive strength of a recore is less than the design concrete strength, the wingwall from which that core was taken will be rejected. Two wingwalls from the remainder of the group shall be selected at random. One core shall be taken from each. If the compressive strength of both cores is equal to or greater than the design concrete strength, the remainder of the wingwalls in that group will be acceptable. If the compressive strength of either of the two cores tested is less than the design concrete strength, the remainder of the wingwalls in the group will be rejected. However, at the option of the manufacturer, each remaining wingwall in the remainder of the group may be cored and accepted individually. The wingwalls which have cores with less than the design concrete strength will be rejected. (d) Plugging Core Holes The core holes shall be plugged and cured by the manufacturer in such a manner that the structure will meet all the test requirements of these specifications. Wingwalls repaired accordingly will be considered satisfactory for use. (e) Test Equipment WINGWALLS AND HEADWALLS FOR TS-38 PRECAST CONCRETE BOX CULVERTS IN20030661 The manufacturer shall furnish all facilities, equipment, and personnel necessary to conduct the required testing. 735.08 Rejection Wingwalls will also be rejected due to the following conditions. (a) fractures or cracks pass through the wall, except for a single end crack which does not exceed one half the thickness of the wall; (b) defects which indicate proportioning, mixing, or molding which are not in accordance with this specification; or (c) honeycombed or open texture. 735.09 Repairs Wingwalls may be repaired, if necessary, due to imperfections in manufacture, handling damage, or construction. Repairs will be acceptable if it is determined that the repairs are sound, properly finished and cured, and if the repaired wingwall is in accordance with the requirements herein. 735.10 Compaction The soils in the bottom of the excavation shall be compacted to 95% of the maximum dry density. If 95% of the maximum dry density cannot be obtained in the bottom of the excavation or in other areas, the Materials and Tests Division’s Geotechnical Section shall be contacted for additional recommendations. If during construction, soft soils are encountered at depths that make removal impractical, the Materials and Tests Division’s Geotechnical Section shall be contacted for additional recommendations. 735.11 Footings Footings may be cast-in-place or precast. When a precast footing is utilized, a 4 in. (100 mm) layer of coarse aggregate No. 53 in accordance with 301 shall be placed under the full width of the footing. All footings shall be given a smooth float finish. The footing concrete shall reach a compressive strength of 2,000 psi (13 800 kPa) before placement of the wingwalls. The surface shall not vary more than 1/4 in. in 10 ft (6 mm in 3 m) when tested with 10 ft (3 m) straightedge. 735.12 Placement of Wingwalls The wingwalls shall be set on masonite or steel shims. A minimum gap of 0.5 in. (13 mm) shall be provided between the footing and the bottom of each wingwall. The gap shall be filled with a mortar in accordance with 707.09. 735.13 Sealing Sealer shall be applied in accordance with 709 on the top surface of wingwalls and headwalls and shall extend 5 ft (1.5 m) vertically down the face of each section or to the bottom of each section, whichever is less. Surface preparation and application procedures shall be as recommended by the sealer manufacturer. WINGWALLS AND HEADWALLS FOR TS-38 PRECAST CONCRETE BOX CULVERTS IN20030661 735.14 Backfilling Tapered or drilled holes for handling shall be filled in accordance with 907.05. Prior to backfilling the wingwall, all holes shall be covered with joint wrap material with a minimum width of 9 in. (225 mm). Structure backfill shall be placed and compacted in accordance with 211. 735.15 Method of Measurement Wingwalls will not be measured for payment. The accepted quantities for payment will be the quantities shown in the Schedule of Pay Items. Structure backfill will be measured in accordance with 211.09. Flowable backfill will be measured in accordance with 213.06. 735.16 Basis of Payment The accepted quantities of wingwalls will be paid for at the contract unit price per square foot (square meter) for wingwalls. Structure backfill will be paid for in accordance with 211.10. Flowable backfill will be paid for in accordance with 213.07. Payment will be made under: Pay Item Pay Unit Symbol Wingwall, Modified SFT (m2) The cost of designing, coring, testing, reinforcing steel, excavation, repairs, plugging core, formlining and handling holes, mortar, sealer and necessary incidentals shall be included in the costs of the wingwall. The cost of the footings for wingwalls and the aggregate base under the wingwall footings shall be included in the cost of the wingwall. The cost of the headwalls shall be included in the cost of the box culvert. WINGWALLS AND HEADWALLS FOR TS-38 PRECAST CONCRETE BOX CULVERTS IN20030661 SP-39 PERMITS PERMITS TS-39 IN20030661 PERMITS TS-39 IN20030661