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Home My WebLink AboutSEPA EPIC-46-91 - GACO WESTERN - UNDERGROUND STORAGE TANK REMOVALgaco western UNDERGROUND STORAGE TANK REMOVAL - FILL AREA & REPAVE 18700 SOUTHCENTER PARKWAY EPIC 46 -91 WAC 197 -11 -970 Description of Proposal DETERMINATION OF NONSIGNIFICANCE Remove underground storeage tanks • Proponent Gaco Western, Inc. Location of Proposal, including street address, if any 18700 Southcenter Parkway, Tukwila, WA 98188 Lead Agency: City of Tukwila File No. EPIC 46 -91 The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. [I There is no comment period for this DNS NI This DNS is issued under 197 -11- 340(2). Comments must be submitted by 1r F( . The lead agency will not act on this proposal for 15 days from the date below. Responsible Official Rick Beeler Position /Title Address Date Planning Director Phone 433 -1846 6200 Southcenter Boulevard, Tuk 1.. WA 98188 Z Signatur You may appeal this determination to the City Clerk at City Hall, 6200 Southcenter Boulevard, Tukwila, WA 98188 no later than 10 days from the..abo;V'e date by written appeal stating the basis of the appeal for specific factual'objec tions. You may be required.to bear some of the expenses for an appeal. Copies of the procedures for SEPA appeals are available with the City Clerk and Planning Department. FM.DNS GACO_ WESTERN, INC. POLYURETHANE FOAM AND ELASTOMERIC COATINGS City of Tukwila Dept. of Community Development 6300 Southcenter Boulevard Tukwila WA 98188 kvi I SEt ;01991 CITY OF TU.;. oLA PLANNING DEPT. September 19, 9 "9'1 ' " y -°°• Attn: Jack P. Pace, Senior Planner Re: Gaco Western, Inc. Removal of Underground Storage Tanks Dear Mr. Pace: I am responding to the comments of the September 11, 1991 environmental review EPIC 46 -91. Gaco Western has contracted with Envirocon Inc., 1299 156th Ave NE, Bellevue, Washington for the permanent removal of the 14 underground tanks at Gaco Western, 18700 Southcenter Parkway, Tukwila, Washington. Envirocon Inc. will provide the following: 1. Trained and approved employees for removal of the tanks. 2. On -site licensed geologist during excavation and tank removal and at such times geological services are required. 3. Protected berms around the excavation site as necessary to prevent run -off of materials from the site. 4. Cleaning and housekeeping procedures to prevent the spreading of soils and /or sediments into the street. 5. Barrier fencing with posted signs around the area of work. 6. Soils sampling, testing, and analysis to meet all local, state and federal requirements. 7. Capping and permanently sealing of the exit lines from the tanks. 8. Removal of vent lines from the tanks. 9. Underpinning and /or shoring of the excavation to protect the loading dock foundation and to the west side if utility lines P.O. Box 88698 / Seattle, WA 98138 -2698 / 206 - 575 -0450 P.O. Box 646 / Waukesha, WI 53187 -0646 / 414 - 542 -8072 • need protection. 10. Treatment of tanks to inert condition before removal from the site and approved disposal of all rinsate. 11. Temporary stockpiling of excavation materials on -site in an approved and protected manner. 12. Have on file an approved health and safety plan for personnel during tank removal. Gaco Western Inc. will provide and install filter fabric to prevent sediments from washing into or collecting in the drainage catch basin. Specifications for the safe removal of these tanks were prepared by TML Stern Engineers, 1520 Eastlake East, Seattle, Washington: 323 -0400 with Dan Healy, P.E., presently of Alpha Engineering Group the contact. (488 -3400) If you need any additional information please contact me. Sincerely, GACO WESTERN, INC. AIJ /ck Adrian L. Jenkins Manager - Services CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT ENVIRONMEATAL REVIEW ROUTING FORM EPIC: PROJECT ADDRESS DATE TRANSMITTED STAFF COORDINATOR DATE RESPONSE RECEIVED The attached environmental checklist was received regarding this project.: Please review,an • .:comment below to advise the responsible official ': regarding: the;threshotd''determination.,.;The <., environmental review file is available in the Planning Department through the above staff. coordinator. Comments nts regarding the project you wish carried, to the. Planning Commisslon Board of Adjustment and City Council should be submitted In the comment section below. • Date: Y - ) 7 -Yr Comments prepared by; , c/A," ENVIRONMLITAL REVIEW ROUTING FORM CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT PROJECT ADDRESS DATE TRANSMITTED STAFF COORDINATOR attached envir° advise ' the reskPiosntswi as r ' nrnental checklist The t below to cQninvniireOntimentai review tile is available in the Planning Department rtohlreocutg. eas,e,rern■iiieswsi;oap,..;. ble official regarding the threshold, determination The you h the a pv po°oiclinator. Comments regarding the project wish carried the Plannlh9 Pboh1.6 • • Board of Adjustment and City C..ou should be submitted In the comment .. ) section betow . . ITEM COMMENT /cessveszzi-Y e;fr- e,/ 4:2496'A/0 Lc; VZ /4' 5774e/9 eyir 7A/ 4/4'S if 5* 44- j/..Ays ReW-Mittr 7R/46°- Al4Srse9/217-1 & 6-40v74'M/# vI rs Y7b /24,/vaPA- GeW,Xi/V/44.0° " CA/4,414,6 "orelde547,K, 9T7-e// A:If/4<5 .5-A/61/Z/2 ,e6"-- et,,,,,Z7P67) ."-eirro947/,pz/v,49", /4744., m/6.--1// .7:42e? .s:4? "r4ovirated:Ti)„_ ami zvse.74,04v6.-ei, ige Aar.E2; _Te9AL's- AI-4?A y_y° rfor, S,iece,r21 r 6W. .A Air 77 /1 .f.V4 Asge97e7/e4". AlpeeLc— .60:4ESSk"-,0 7/,‘V _47/,ii: .,g4) 7"/ eA/ swor://1) /SW- ,e/.5:6.2) kJ/A/ Z-At 41:47,r7- c/e „re '4Y 770(/, 20,oe4 , fru/ A/17 /7/1VS-6- 7W4 -5/7-- /5" .4/07 Le2-4,7°70 ,„/Ac /,/ .z/ Avi, A/1/2) TYA/e A/0 ,Z;vAiaeS* 4Atr,'=, ,e,YEA.57, ive„Ae4e/x-v Date: 001 Comments prepared by; y9e CITY OF TUKWILA DEPARTMENT OF COMMUNITY DEVELOPMENT ENVIRONMLNITAL REVIEW ROUTING FORM EPIC: 4 1 BuIdIng . ......... ..• ......... ub Wks. Police PROJECT 1, • ADDRESS IVA() DATE TRANSMITTED STAFF COORDINATOR 143141 Petekaial .Pa/R� •. RESPONSE REQUESTED BY DATE RESPONSE RECEIVED . . . , , . The attached environmental checiiiiSt was received regarding this project. Please reView, E . comment below to advise the responsible official regarding the threshold determination environmental revlew file is available in the Planning Department through the above stafl coordinator. Comments regarding the project you wish•carried to the Planning Commissfo Board of Adjustment and City Council should be submitted in the comment section bet° • ITEM COMMENT 6711nevx eexce-4.t.4.-) Date: Comments prepared by: Northwest • EnviroService, Inc. '.0. Box 24443, Seattle, Washington 98124 (206) 622 -1090 It s. i I l0 19 12 14 11 10 12 17 WASTE iipD UCT QUESTIONNAIRE PLEASE DO NOT SEPARATE F R11AS Generator's copy will be mailed back after NWES review WPQ 31-717 Sample Number Ilmi l u Ga c o Western Inc. Billing Address .. .. .. ° tEK, MIBK, propanol, racility Address 18700 Southcenter Parkway a 1 ineral spirits . Seattle, WA 98188 ° technical Contact Adrian Jenkins Title Phone (206) 575 -0450 ° 3usiness Contact �( ( k S(`/. Y.'t i .? r C. w�. r�.. F .�.�3' "a..ewYsGW- '�..:f�l'.•BH Ce how, ' .5 �r !�..-.. . tip.. F � __,,..., .� •.a ;.., �cWASTEx:! ?FT. O!< lUCT' �D. Title �S, �A- Phone up, 5t M �3 F °n'� •r� n 5rs J• r lij t✓ n �- �i�•�i�,('s{� ,'` t'...'�;rr, ��tF.l�,,.� `'"} Y�:�+w w,rx.•`��.wd.w• '. ,.r,f TI.QM��li9I�A(�T��R1STlCS?'>�:4 Wash water contaminated with toluene, methyl ethyl ketone, ma ?rocs s Generating Waste Cleaning of assorted non chlorinated tanks Physical State At 70 °F. ❑ Solid ❑ Sludge E] Liquid ❑ Powder ❑ <2 0>2 -4 ❑4.1 -10 Arsenic (As) Barium (Ba) NT Cadmium (Cd) NT Chromium (Cr) NT Copper (Cu) NT Lead (Pb) NT pH ❑ 10.1 -12.4 ❑ >12.5 ❑ Exact Free Liquids at 70 °F. • Yes ❑ No Volume 100 ❑ < 70 °F. 70 ° -99 °F. ❑ 100 ° - 139 "F. Flash Point ❑ 140 ° - 200 °F.] Closed Cup ❑ ) 200 °F. ❑ Open Cup ❑ No Flash Exact Layers ❑ Multilayered Bi- Layered ❑ Homogenous Solids ❑ By Volume Total Dissolved Suspended Density or Specific Gravity ❑ Liquid Solid lbs. /gal. lbs. /ft.3 Odor ❑ None ❑ Strong ❑ Mild Describe Color V�Y '.W.uw A �.1r�. A4u[.' - ': Jt a �xY1 ••r til v �nY1 •�. :: > �s ; ; METALS ��.. /F.,..y, • r r 1..1', *rt. t, `� AS I OD,UGI eetaM (:p►'i illf ttlidiV ACcgulat;fror tAti io of 7otatj'r,•'= .'•'' ❑ Toxicity Characteristic Leaching Procedure (TCLP) NT Amines Cyanides Sulfides Mercury (Hg) NT Nickel (Ni) NT Selenium (Se) NT Silver (Ag) NT Zinc (Zn) NT Nondetectable REACTIVES AND OTHER WASTES (PPM) PCB's NT HexChrome NT Other NT NT NT H2O HCI H2SO4 HNO3 NaOH Phenols Chlorides 90 f �: 1. } � .� 1 -. '. Y'v 3..M3. ,'e:r�V�•rrY'4• R IY ;,: ',.._. �':s`...,SIi1PP.l . 6 HANDLIN��NFO MArIQ. •, :9 ' • no.r"77 Proper Shipping Name* Waste flammable liquid, n.o.s. (toluene, xylene). • oluene, xylene, ° tEK, MIBK, propanol, a 1 ineral spirits 10 A ° ° "tfr•rr .r hn T >, 764zraR.iuiPeciPilibei.i.rMif• DOTHazardClass• Flammable liquid I.D. #:UN1993 Poison 0Yes(3 No Inhalation Hazard ❑ Yes 6 No Dangerous When Wet ❑ Yes 6 No RQ DOT Shipping Co tai 1 : Drum ID Volume Bulk ❑ Volume Other it Type tiU Volume Projected: Gals /Ibs per ❑ mo ❑ yr. Additional Labels Required: U.S. EPA Hazardous Codes Washington State Codes State Designation DW ® EHW ❑ D001 F003 F005 U239 U220 U159 U161 WP02 ❑ Biological Characteristics Is Waste Product: n Ignitable ❑Corrosive ❑ Reactive ❑ None of Above ❑ Other n Subject to Land Disposal -estrict'; -11-717 F � ific`atiop sheet) Special Handling Requirements: GENERATOR CERTIF CATION STATEMENT I hereby certify that as an authorized representative of the generator named above, all information submitted in this and all the attache . conducted In accordance with the approved test methods in 40 R 261 on a representative samp e as defined in 40CRF261.20. To the best of my knowledge hazardous com e been included in• ntthi3 d. a ntation y N,.►:,1rM.T • Signature Title Reviewed By NWES INC. USE ONLY este was • known (40CFR261) and suspected Chemical Nature ❑o ❑I ❑o /i Date Reviewed Status ❑ Approved /Permitted ❑ Denied ❑ Pending Northwest C1r °"' ° WASTE iip DUCT QUESTIONNAIRE 8 Ol PLEASE DO NOT SEPARATE FMS Generator's copy will be WPQ 347' 1 mailed back after NWES review EnviroService, Inc. '.O. Box 24443, Seattle, Washington 98124 (206) 622 -1090 i 6A ID0 19 2 14 11 10 12 17 Sample Number TOM Ue G a c o Western Inc. Billing Address . 0 .. - =acility Address 18700 Southcenter Parkway . Seattle, WA 98188 (ethnical Contact Adrian Jenkins Title Phone (206) 575 -0450 3usiness Contact . . h 1 �� S�ld � #4$�S' i �KJ NR 1„ IsM V.. y. r,:p'.Ca 11e.\ StN�c;.� . ... . v.:-y. -.. .;. .. :�, .gi ir: . 5- ,10ASTB, aliti.CTJ Title . `�t�I .°Y1 .: � '., �. s. Pr.•raaM'n .. w�,,.«+•,ryki.s ilo tl'&iCtiAl3`ACJ? kiISi'tto,,` Phone Seine. r *3�: sn� Ciy `�:J'''`` "�`�'' ) wrr r<..-;,; 'V _, -� Wash water with petroleum hydrocarbons (tank Cl Process Generating Waste Cleaning of petroleum hydrocarbon tank Physical State At 70°F. ❑ Solid 0 Sludge J Liquid ❑ Powder pH 0 <2 0 10.1 -12.4 0>2 -4 ❑>12.5 ❑ 4.1-10 ❑ Exact Free Liquids at 70 °F. M Yes ❑ No Volume 10 0 ❑ < 70'F. ❑ 70-99°F. ❑ 100 ° - 139 °F. Flash Point ❑ 140 ° - 200 °F.] Closed Cup > 200 °F. ❑ Open Cup ❑ No Flash Exact Layers ❑ Multilayered ❑ Bi- Layered Homogenous Solids ❑ By Volume Total % Dissolved Suspended Density or Specific Gravity ❑ Liquid Solid H,T}:(:� rr gx.i,+n:e, rr' at'+5.�'°r 'Ci. �� `"��lir`s"`' '�i•3tl�t r;� "r ° } -. ;,iv ilie AL-S a , ��'`n2., .tr.!ir?t%..:.il,": �,<k`: "`. ;"$. ❑ Toxicity Characteristic Leaching Procedure (TCLP) Arsenic (As) NT Mercury (Hg) NT Barium (Ba) ... NT Nickel (Ni) NT Cadmium (Cd) NT Selenium (Se) NT Chromium (Cr) NT Silver (Ag) . , NT •Copper (Cu) NT Zinc (Zn) T Lead (Pb) NT Nondetectable REACT1VES AND OTHER WASTES (PPM)_ Amines NT PCB's NT Cyanides NT HexChrome .. NT Sulfides NT Other lbs. /gal. lbs. /ft.3 ❑ None ❑ Mild Describe Odor ❑ Strong Color a , s } r..:. ru t Zvi �� r ::;:t4,VIFAslEd i.oitut?i,GFIE[ IIQAI: CQ,MPQSb�ION (Accountri of 100 %o�oF,Totay;;y n,a,; H2O 90 °/a HCI % H2SO4 HNO3 NaOH Phenols Chlorides �� %;r SHIP, PING�Bt�iHANDL` IN. Ci° ,l(VFOfiMA710�1�€A,�,�k�h'r��': �,t^, Proper Shipping Name* Non -RCRA hazardous waste liquid. they (Specify): Petroleum h dro- ° arbon 10 ° 0 ° : .+A ) y M ,4G 1+t �-n'r e4r rr t Kw>t,.r.4 a e+w r P�*nrv9 r)a:1s ,a is .�: tfi��i� : �• �#" ��.'.h1i9�/41�Q.011.SsP,flOP, ERNES; i. �h�a� ,�:°.�r!.,::`s..�s.�a,.an.:,�, DOT Hazard Class: I.D. #: Poison 0Yes6 No Inhalation Hazard ❑ Yes 6 No Dangerous When Wet ❑ Yes [j No RQ DOT Shipping Container: Drum ❑ Volume Bulk ❑ Volume Other 6 Type Bulk Volume Projected: Gals /lbs per ❑ mo ❑ yr. Additional Labels Required: U.S. EPA Hazardous Codes Washington State Codes WT 0 2 State Designation DW EHW ❑ ❑ Biological Characteristics ❑ Reactive ❑ Noane of Abov�Otherl (H mark- fill ou r' of nt tGLP091991 ut- TUKWILA PLANNING DEPT. Is Waste Product: ❑ Ignitable ❑Corrosive t] Subject to Land Disposal Restrictions Special Handling Requirements: GENERATOR CERTIF CATION STATEMENT I hereby certify that as an authorized representative of the generator named above, all information submitted in this and all the attached documents is trtieaand.eeevrate. ys"Xh3T s� oT ire waste was conducted in accordance with the approved test ethod 40 CF i 61 on a representative samp e as defined in 40CRF261.20. To the best of m knowledge. all known (40CFR261) and suspected hazardous .. .. nl -j ave been included in thiyocu ion. Meet) Signatu Title Date V r / Reviewed By NWES INC. USE ONLY Chemical Nature ❑O El ❑O /1 Date Reviewed Status ❑ Approved /Pormitted ❑ Denied ❑ Pending CITY OF TUKWILA Central Permit System - Engineering Division 6300 Southcenter Blvd., Tukwila, WA 98188 Phone: (206) 433 -0179 PROJECT Site Address: 18700 Southcenter Parkway INFORMATION Name of Project: Underground Tank Removal Property Owner: Gaco Western, Inc _ Street 18700 Southcenter Parkway Engineer:TML /Stern Engineers, Inc_ , Daniel Street Address: 1520 Eastlake Avenue East Contractor: Street Address: UTILITY PER I•APPLICATION VREPP-1_ PLAN CHE NUMBER: King County Assessor Account Number: PERMITS ❑ REQUESTED 0 0 0 0 0 SEP091991 CITY OF TUKWILA PLANNING —Dh i Phone No.: 575 -0450 City /State /Zip:Tukwila WA 98188 F _ Healy , P _ E . Phone No.: - Feb' , 740 d City /State/Zip:Seattle WA 98102 Phone No.: City /State/Zip: Channelization/Striping/Signing Curb Cut/Access/Sidewalk Fire Loop/Hydr. (main to vault) - No.: Flood Zone Control Grade/FA 2150 cubicyamis Hauling Landscape Irrigation Moving an Oversized Load Sanitary Side Sewer – No.: Sewer Main Extension Private ❑ Public ❑ WATER METER :.: ;< Name: DEPOSIT/ .: REFUND/BILLING ;;.; Street Sizes: ❑ Storm Drain ❑ Street Use ❑ Water Main Extension Private ❑ Publc ❑ ❑ Water Meter / Exempt: – No.: _ Sizes Deduct ❑ Water only ❑ ❑ Water Meter / Permanent – No • Sizes ❑ Water Meter/ Temporary:– No.: Sizes:_ ❑ Other: N.A. Phone No.: MONTHLY Name: N. A • SERVICE BILLINGS TO: Street ❑ Water ❑ Sewer ❑ Metro ❑ Standby DESCRIPTION OF PROJECT ❑ Multiple-Family Dwelling No. of Units: ❑ Commercial/Industrial MISCELLANEOUS INFORMATION ❑. Hotel ❑ Motel ❑ Office ❑ Retail ❑ Hospital ❑ Other: ❑ New Building Square Footage: King County Assessor's valuation of existing structures: $ done: v City/State/Zip: Phone No.: City /State/Zip: ❑ Single- Family Residential ❑ Duplex ❑ *Triplex ❑ Warehouse U Apartments ❑ Condominiums ❑ Other: ❑ Manufacturing ❑ Remodel/ Square footage of original building space: Addition ❑ Church ❑ SchooVCollege /University Square footage of additional building space: Valuation of work to be $a o0 I HEREBY CERTIFY THAT I HAVE READ THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. ��_ Contact Person (print name): 4D/C/44/ s/c.�x/.=/s Address: if v So -'7it� +L„� ,t //gfK rv,q i LIVED Phone: S 7 5 -o c2 Applicant/Auth rized , _Agent Signature: Print Name: Drs.1,/a z Date: S�.z /�y/ Phone: qgg j/l00 Date Application Accepted: Date ApplicA{jii�l , xeirgg91 vv /16 trIN Seattle, WA 09/18/90 p. a,- W4 p 6 -7 ENVIROCON, INC. • 1299 156th AVE. NE kL155 BELLEVUE, WASHINGTON 98007 TELEPHONE: (206) 649.8505 FAX: (206) 849.8487 ENOIROCON, INC. Sept. 3, 1991 Gaco Western, Inc. P.O. Box 88698 Seattle, Wa. 98138 -2698 Attention: Adrian Jenkins RE: Addendum to Proposal dated August 28, 1991 Soil, water, and or product samples will be turned into Sound Analytical services, Inc. for analyis as the underground storage tanks are being removed. The turn around time for analyses is one week, as per proposal dated August 28, 1991. A turn around time of three days is available at an extra charge beyond the proposal price. Yours very truly, ENVIRQCON INC. Bill Shearer Regional Sales Manager A -1i./ o1�Company SEP091991 CITY OF "FuttvvILA PLANNING DEPT. GACO WESTERN, INC. POLYURETHANE FOAM AND ELASTOMERIC COATINGS City of Tukwila Dept. of Public Works Tukwila, WA 98138 g-4(-'fl �e 1P.k -- _ lel IR 1 S E P 0 4 . i - PLAiVkl1NN!C. DEPT. September 3, 1991 Ref: UNDERGROUND TANK REMOVAL - GACO WESTERN, INC. Dear Sirs: Enclosed is the completed Environmental Checklist and a check for the fee amount of $225:00. Should you need additional information, please contact me. ALT : yds Encl. Sincerely, GACO WESTERN, INC. Adrian L. Jerkins Manager - Services P.O. Box 88698 / Seattle, WA 98138 -2698 / 206 - 575 -0450 P.O. Box 646 / Waukesha, WI 53187 -0646 / 414 - 542 -8072 1SEP041991 ci ENVIRONMENTAL CHECKLIST A. BACKGROUND 1. Name of proposed project, if applicable: Remove Underground Storage Tanks 2. Name of applicant: Gaco Western, Inc. Cont. No. Epic File No. Fee - 599789 Receipt No. 225 .tea 3. Address and phone number of applicant and contact person: Adrian Jenkins 18700 Southcenter Parkway, Tukwila, WA 98188 575 -0450 4. Date checklist prepared: 8/30/91 5. Agency requesting Checklist: City of Tukwila 6. Proposed timing or schedule (including phasing, if applicable): Start September 9, 1991 Complete October 9, 1991 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. No 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. Washington Dept. of Ecology site assessment checklist will be prepared. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No other proposals affecting the property. 10. List any government approvals or permits that will be needed for your proposal. Tukwila Fire Dept. City of Tukwila Public. Works Dept. Washington Dept. of Ecology 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this • checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. Section E requires a complete description of the objectives and alternatives of your proposal and should not be summarized here. Remove 14 underground storage tanks, fill the resulting cavity and repave to existing grade. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if. reasonably available. While you should submit any plans required b.y:the "agency, you are not required to duplicate maps or detailed plans submitted with any permit applica- tions related to this checklist. _181 olLzoialicent er Parkway._, Tukwila, WA 98188 13. Does the proposal lie within an area designated on the City's Comprehensive Land. Use Policy Plan Map as environmentally sensitive? No • TO BF COMPLETED BY APPLICANT Evaluation for Agency Use Only B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other Flat b. What is the steepest slope on the site (approximate percent slope)? No slopes c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. Silt and Sand d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No e. Describe the purpose, type, and approximate quanti- ties of any filling or grading proposed. Indicate source of f i l l . Approximately 2100 cubic yds Source _al fill Segale Co. f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. No g. About what percent of the site will be covered with - impervious surfaces after project construction (for example, asphalt or buildings)? Approximately 70% no change from existing. • • h. Proposed measures to reduce or control erosion, or other impacts to the earth; if any: None required. 2. Air a. What types of emissions to the air would result from the proposal (i.e., dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. Construction equipment exhaust during construction, none when project is completed. b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. no c. Proposed measures to reduce or control emissions or other impacts to air, if any: None required. 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year- round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. Approximately 220' from Green River with manufacturing buildings between. Evaluation for Agency Use Only • • 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of f i l l material. None 4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quan- tities, if known. No 5) Does the proposal lie within a 100 -year floodplain? If so, note location on the site plan. No 6) Does the proposal involve any discharges of . waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No Evaluation for Agency Use Only • • b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quan- tities, if known. No 2) Describe waste materials that will be discharged into the ground from septic tanks or other sour- ces, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc.) Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None c. Water Runoff (including storm water): 1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. No change to existing. Evaluation for Agency Use Only • 2) Could waste materials enter ground or surface waters? If so, generally describe. No d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: None required. 4. Plants a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other evergreen tree: fir, cedar, pine, other X shrubs X grass pasture crop or grain wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water plants: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation will be removed or altered? None c. List threatened or endangered species known to be on or near the site. None Evaluation for Agency Use Only 1 • Evaluation for Agency Use Only d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: None 5. Animals a Circle any birds and animals which have been observed on or near the site or are known ,to be on or near the site: None birds: hawk, heron, eagle, songbirds, other: mammals': deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. None c. Is the site part of a migration route? If so, explain. No d. Proposed measures to preserve or enhance wildlife, if any: None required. • 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solor) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. None b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or... control energy impacts, if any: None requir(md. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. Yes. Risk of fire during tank decommissioning operations. 1) Describe special emergency services that might be required. None 2) Proposed measures to reduce or control environ- mental health hazards, if any: Workers will wear protective clothing. Evaluation for Agency Use Only • • Evaluation for Agency Use Only b. Noise I) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? None 2) What types and levels of noise would be created by or associated with the project on a short - term or a long -term basis (for example: traf- fic, construction, operation, other)? Indicate what hours noise would come from the site. Short term backhoe, crane and paving _ equipment between 8 a.m. & 5 p.m. 3) Proposed measures to reduce or control noise impacts, if any: None required. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Site - Manufacturing North of Site - Segale Asphalt Plant South of Site - Warehouse East of Site -.giver West of Site - Pasture b. Has the site been used for agriculture? If so,. .describe. Not in past 30 years. c. Describe any structures on the site. 30,000 sq ft High Bay Manufacturing Bldg with 13,000 sq ft 2 story office attached. • • Evaluation for Agency Use Only d. Will any structures be demolished? If so, what? No e. What is the current zoning classification of the site? M -2 Heavy Industrial f. What is the current comprehensive plan designation of the site? Heavy Industrial g. If applicable, what is the current shoreline master program designation of the site? Urban h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. No i. Approximately how many people would reside or work in the completed project? j. Approximately how many people would the completed project displace? None k. Proposed measures to avoid or reduce displacement impacts, if any: None required. 1. Proposed measures to ensure the proposal is com- patible with existing and projected land uses and plans, if any: There is no change in land uses. • • 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing? None b. Approximately how many units, if any, would be eli- minated? Indicate whether high, middle, or low - income housing. None c. Proposed measures to reduce or control housing impacts, if any: None required. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? No new structures. b. 'What views in the immediate vicinity would be altered or obstructed? None c. Proposed measures to reduce or control aesthetic impacts, if any: Area will be repaved. Evaluation for Agency Use Only • • Evaluation for Agency Use Only 11. Light and Glare a. What type of light or glare will the proposal produce? What• time of day would it mainly occur? b. Could light or glare from the finished project be a safety hazard or interfere with views? No c. What existing off -site sources of light or glare may affect your proposal? None d. Proposed measures to reduce or control light and glare impacts, if any: None required. 12. Recreation a. What designed and informal recreational oppor- tunities are in the immediate vicinity? None b. Would the proposed project displace any existing recreational uses? If so, describe. No c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any:______ None required. • • Evaluation for Agency Use Only 13. Historic and Cultural Preservation a. Are there any places or objects listed on, or pro- posed for, national, state, or local preservation registers known to be on or next to the site? If so, generally describe. No b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site. None c. Proposed measures to reduce or control impacts, if any: None required. 14. Transportation a. Identify public streets and highways serving the site, and describe proposed accss to the existing street system. Show on site plans, if any. Southcenter Parkway b. Is the site currently served by public transit? If not, what is the approximate distance to the nearest transit stop? No c. How many parking spaces would the completed project have? How many would the project eliminate? 51 existing, none eliminated -- • • d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). No e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe.___N f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. None • g. Proposed measures to reduce or control transpor- tation impacts, if any: None required. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health. care, schools, other)? If so, generally describe. No b. Proposed measures to reduce or control direct impacts on public services, if any.__ None required. Evaluation for Agency Use Only • • Evaluation for Agency Use Only 16. Utilities a. Circl utilities currently available at the site: natural gas, ater refuse service, anitary sewer, septic system, other. b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. No change. C. Signature The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: Date Submitted: PLEASE CONTINUE TO THE NEXT PAGE. TO BE COMPLETED BY APPLICANT • Evaluation for Agency Use Only D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not imple- mented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Proposal will not increase the possibility of release of any toxic or hazardous substance to air or water, and will not produce noise. Proposed measures to avoid or reduce such increases are: None required. 2. How would the proposal be likely to affect plants, ani- mals', fish, or marine life?' No affect. Proposed measures to protect or conserve plants, ani- mals, fish, or marine life are: None required. • • Evaluation for Agency Use Only 3. How would the proposal be likely to deplete energy or natural resources? No depletion of energy or natural resources. Proposed measures to protect or conserve energy and natural resourses are: None required. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or, eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, -- wetlands, floodplains, or prime farmlands? No affect. Proposed measures to protect such resources or to avoid or reduce impacts are: None required. . 5. How would the proposal be likely to affect land and shoreline use, inclduing whether it would allow or encourage land or shoreline uses incompatible with existing plans? No affect. • • Evaluation for Agency Use Only Proposed measures to avoid or reduce shoreline and land use impacts area: None required. How does the proposal conform to the Tukwila Shoreline Master Plan? Unknown 6. How would the proposal be likely to increase demands on transportation or public services and utilities? No affect. Proposed measures to reduce or respond to such demand(s) are: None required. 7. Identify, if possible, whether,the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. No conflict. • • Evaluation for Agency Use Only 8. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? If so, what poli- cies of the Plan? No Proposed measures to avoid or reduce the conflict(s) are: None required. 411 i TO BE COMPLETED BY APPLICANT Evaluation for Agency Use Only E. SUPPLEMENTAL SHEET FOR ALL PROJECT AND NON PROJECT PROPOSALS The objectives and the alternative means of reaching the objectives for a proposal will be helpful in reviewing the aforegoing items of the Environmental Checklist. This information provides a general overall perspective of the proposed action in the context of the environmental infor- mation provided and the submitted plans, documents, suppor- tive information, studies, etc. 1. What are the objective(s) of the proposal? To take out of service 14 underground storage tanks. Tanks will be cleaned and removed from the ground. 2. What are the alternative means of accomplishing these objectives? None. Tukwila Fire Dept. requires that unused tanks must be removed from the ground. 3. Please compare the alternative means and indicate the preferred course of action: No altenative means to compare. • Evaluation for Agency Use Only 4. Does the proposal conflict with policies of the Tukwila Comprehensive Land Use Policy Plan? If so, what poli- cies of the Plan? No Proposed measures to avoid or reduce the conflict(s) are: None required. -23- CITY OF TUKWILA 6200 Southcenter Boulevard, Tukwila, Washington 98188 (206) 433 -1800 To. ✓,�CK P,acF iozA.V ,Y /4I MEMORANDUM FROM: ,../a/ 4/ .9. G /ESP Pti/D DATE. A/a�9/ SUBJECT: cACD 1Y,-srAPl ZU/Y .poov.✓o t .✓.� .PE/�io�,oL P.[.v.►/ CilifG.r NO. 9/-D�3 lJ /q T w1s /'>OBi1/1/Y0- !S /1 ms' /A/0y LY%Py ' l/7- /L/T4_/o� APP,-/rAT1D/✓ � .,61 727 .44/v/ S. , .T//YGg 7W.E /°�PGtM 7 'A/' .IYEZS' 2 Z SZ C_44f1G Y44.l�S _egF _ii _ _ _ ,' Pa ✓FCT CetAr7.4C7' /%,as /Q YGrEQ. We- Ii/z/_1.- /014/4/7 Y01ii 1' Z 'TES' //i//QT /Qi✓ ON .QiYY xc . .4A/A/ S. OE1/£LOP)�1E 7 * .' CD GVES''74 2/V /P�q� f' /.CF 1 UTILITY PERMI! APPLICATION CITY OF TUKWILA Central Permit System - Engineering Division 6300 Southcenter Blvd., Tukwila, WA 98188 Phone: (206) 433 -0179 PLAN CHECK NUMBER: PROJECT Site Address: 18700 Southcenter Parkway INFORMATION.' Name of Project: Underground Tank Removal Property Owner: Gaco Western, Inc. Street 18700 Southcenter Parkway Engineer:TML /Stern Engineers, Inc. , Daniel F. Street Address: 1520 Eastlake Avenue East Contractor: Street Address: King County Assessor Account Number: q l -ou3 -U C acn Phone No.: 575 -0450 City /State /Zip:Tukwila WA 98188 Healy, P . E . Phone No.: City /State/Zip:Seattle WA 98102 Phone No.: City /State/Zip: PERMITS ❑ Channelization/Striping /Signing REQUESTED ❑ Curb Cut/Access/Sidewalk ❑ Fire Loop /Hydr. (main to vault) – No.: Sizes: ❑ Flood Zone Control Pal Grade/Fill 2150 ❑ Hauling ❑ Landscape Irrigation ❑ Moving an Oversized Load ❑ Sanitary Side Sewer – No.: ❑ Sewer Main Extension Private ❑ Public ❑ WATER METER DEPOSIT/ :_REFUND /BILLING::::: cubic yards ❑ Storm Drain ❑ Street Use ❑ Water Main Extension Private ❑ Public ❑ ❑ Water Meter / Exempt: – No.: — Sizes' Deduct ❑ Water Only ❑ ❑ Water Meter / Permanent – No • _ Sizes ❑ Water Meter/ Temporary: – No.: _ Sizes•- ❑ Other: Name: N.A. Phone No.: Street MONTHLY SERVICE BILLINGS TO: Name: N.A. Street ❑ Water ❑ Sewer ❑ Metro ❑ Standby City /State /Zip: Phone No.: City /State/Zip: DESCRIPTION OF PROJECT. Multiple - Family ❑ Hotel No. of Units: ❑ Motel ❑ CommerciaVlndustrial ❑ Office ❑ Single- Family Residential O Duplex ❑ Triplex ❑ Warehouse IJ Apartments ❑ Condominiums ❑ Other: MISCELLANEOUS : :: Square INFORMATION Addition Footage: Square footage of additional building space: King County Assessor's valuation of existing structures: $ Valuation of work to be done: $ %'� 'c7 I HEREBY CERTIFY THAT I HAVE READ THIS APPLICATION AND KNOW THE SAME TO BE TRUE AND CORRECT. Applicant/Auth rized i' Contact Person Agent Signature: `�'��'�` ' (print name): /i.D, ��.�."�/ ✓` ,�.�,��. Print Name: 17i/ v;c.- ` r. /fe_=4e y,, : /,.=" � -. � Address: /k7�,c) .�<�,�,- �)..�rz-�` ��c� w� ; Date: Y .Z. y/ Phone: 9erp -j -/ • Phone: .5 7 7 'AS c2 Date Application Accepted: %_ �l (1' Date Application Expires: ❑ Church ❑ Retail ❑ Manufacturing ❑ Hospital ❑ Other: ❑ New Building ❑ Remodel/ Square footage of original building space: ❑ School/College/University 09/18/90 Date: August 21, 1941/ •NO. 504 -91 thru TUKWILA FIRE DEPARTMENT SPECIAL PERMIT 517 -91 BY virtue of The Provisions of the Uniform Fire Code adopted by City of Tukwila Ordinance, Gaco Western Business Name located at 18700 Southcenter Parkway Business Address having made application in due form, and as the conditions, surroundings, and arrangements are, in my opinion, such that the intent of the Ordinance can be observed, authority is hereby given and this PERMIT is granted for *To install, alter, remove, place temporarily out of service or otherwise dispose of any flammable or combustible liquid tank per 79.104 of The Uniform Fire Code* This PERMIT is issued and accepted on condition that all Ordinance provisions now adopted, RE®B? terb adopted, shall be complied with. . THIS PERMIT VALID FOR - August 21, 1991 thru This permit does not take the place of any license required by law and is not transfer- able. Any change in the use or occupancy of premises shall require a new permit. Septem AEG 2 ,3 G-uUv' bSitki\J Seattle, WA Fire Marshal • THIS PERMIT MUST BE POSTED ON THE PREMISES MENTIONED ABOVE T.F.D. /F.P. #2 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Mail Stop PV -11 o Olympia, Washington 98504 -8711 • (206) 459 -6000 August 13, 1991 Mr. James Hazard GACO Western, Inc. 18700 Southcenter Parkway P.O. Box 88698 Seattle, WA 98138 -2698 Dear Mr. Hazard: This is to acknowledge receipt of your 30 -day notice of intent to close underground storage tank(s) located at 18700 Southcenter Parkway, Seattle, Washington. We received your letter on August 8, 1991. Your 30 -day notice has been forwarded to the appropriate regional office. A field person with the Underground Storage Tank Program may visit your site within the 30 -day period. However, with the many tank closures now taking place, it will not be possible to visit every site. You may proceed with closure thirty days from the date we received your letter (noted above). If you did not request a full closure packet, but would like to receive one, you may do so by calling 1- 800 - 826 -7716 (in Washington state only) or (206) 459 -6293. This closure packet contains forms entitled "Notice of Permanent Closure of Underground Storage Tank(s)" and "Site Check /Site Asssessment Checklist ". .Please complete the forms and return them to the Department of Ecology when tank closure is complete. SLS:sd •Sincerely, Sheri Dotson, Section Secretary Underground Storage Tank Section PiPA, AUG SEP 0 9 199V, /AcC 'E VED CITY OF TutcvvlLA PLANNING DEPT. 5 1991 \!VEST ENN tile, WA o'• • STERN ENGINEERS January 30, 1991 Gaco Western 18700 Southcenter Parkway Seattle, WA 98188 Attention: Adrian Jenkins Subject: Tank Removal TML /Stern #10-1/30 Gentlemen: iA,_ ,- r, - TML /Stern Engineers will be pleased to assist you with your tank removal project. As I am registered with the State Department of Ecology to perform the required engineering services, I will be the Engineer in Charge of the work. The sequence of events is generally as follows: 1. PERMITTING Permitting requires a written letter to the Department of Ecology (DOE) 30 days in advance of scheduled tank removal. The following information should be included in the notification letter: • • • • Owner Location Plot map showing tanks, buildings and dispensers. Contact person Legal description Number of tanks Size of tanks Product last contained Domestic wells within 500 ft. radius of site UST Removal Contractor Preliminary site assessment contractor Analytical Laboratory Number of samples to be analyzed Analytes Disposal method /place for rinsate Disposal method /place for tanks and piping Check with local Fire Departments regarding permit a'pfie- tiefRs --t: required. I I D13L, SEP 09 1991 CS I Y OF TUKWILA TML /STERN ENGINEERS/ 1520 EASTLAKE E. /SEATTLE, WA 98102/(206) 323. 0400 /FAX: (206) 323 -3184 PLANNING DEPT. 2. SCHEDULING • Many tasks must be organized so that individuals arrive at the site when needed. • Utility locator - (48 hours notice required) Sampling Team - preliminary assessment Tank removal contractor - removes tanks Vacuum truck operator - product and rinsate removal Chemist - inspection prior to cleaning and cutting certifications Hauler of tank - offsite disposal Fire Department Representative - may or may not observe removal 3. SITE PREPARATIONS Site control is also a key factor. Erect barricades and fencing as required for security and health and safety. Post No Smoking signs in visible areas. Lock- out and tag -out all equipment on site. Throughout tank closure /removal process, retain records of all contractors and activities. 4. EXCAVATION The following items are recommended prior to beginning excavation: Obtain equipment for proper monitoring and protection An Organic Vapor Monitor An LEL Monitor (for expiosivity) Respiratory Protection Expose tanks 3 sides <4' (OSHA) Inspect piping for signs of leakage Wash piping into tank Disconnect fill and .product lines Cold cut - leave vent line attached Inert Tank Chemist Observe capping holes in tank, putting ice (i.e., dry ice /CO2 /Nitrogen) in tanks, minimum 10 lbs. /100 gallon capacity. Checks 02 level (minimum 16% nrefe)red; rCi� Inspector may want to verify the 02 Ie vel .i -' 1) - SEP 0 9 1991 c► I'Y OF TUKWILA PLANNING DEPT. • • Remove tank from excavation Inspect for signs of leakage Cut windows in tanks Clean the tanks (a Chemist will need to monitor atmosphere in tank) Obtain a Gas Free Certificate from a Chemist, LEL <10%, toxicity criteria Provide personal protective equipment (i.e., an air monitor for organic vapors, Tyvek gloves, Air respirator). Make sure to follow all guidelines for confined space entry are followed (OSHA). 5. DISPOSAL • Vacuum Truck removes rinsate. Inspect interior of tank. Dispose of rinsate. • Check for product limits: • Write a manifest if waste is hazardous per RCRA. If not, a bill of lading should be obtained. Always retain copy for files. • Tank disposal; most scrap metal dealers will not tank the tank without a Gas Free Certificate (obtain from Chemist). • Obtain a Certificate of Destruction from scrap yard. 6. PRELIMINARY ASSESSMENT • Retain a qualified consulting firm to perform the sampling, create a chain of custody and ship the samples to a reputable laboratory for analysis. Collect samples for different contaminants. • Required samples: 1 from each sidewall (4 total) 1 from bottom if groundwater is not present Composite from stockpile • If samples are clean, the final step is to close the excavation by backfilling and compacting the site (use spoils if clean). Then resurface and clean- up the excavated area. Send the analytical results and Final Report to the DOE. Include copies of manifests and Certificate of Destruction. Always retain copies in tank closure file. There are several competent firms that are registered and licensed State Department of Ecology. irLf y th -V ashi'r�gtorrr— SEP 09 1991 CITY OF TU,(vVILA PLANNING DEPT. Applied Geotechno• y, Inc. 300 120`h Ave. N.E., Building 4 Bellevue, WA 98009 Gary Laakso 453 -8383 Bison Engineering, Inc. 33720 9` ` Ave. South, Suite 4 Federal Way, WA 98003 B. Zetlen 838 -7261 Contractors: Station Maintenance & Equipment 2302 "A" St. Tacoma, WA 98402 Jerry Wiese 682 -9412 Davis Industries 6425 212th S.W. Lynnwood, WA 98036 Dean Raymond 783 -5959 Geo Engineers, Inc. 2405 140`h Ave. N.E. Suite 205 Bellevue, WA 98005 James Miller 746 -5200 They did work for you in 1988 Joe Hill Construction 1317 54th Ave. E. Tacoma, WA 98424 Del Lovell 838 -1027 In addition, a list of licensed underground storage tank service providers can be obtained from Guy Barrett, Underground Storage Tank Section, Department of Ecology, Mail Stop PV -11, Olympia, WA 98504 -8711 Phone - (206) 438 -7881 Due to the inability to completely define the Scope of Work, we propose to work on an hourly basis. The hourly rate will be $85. We look forward to working with you on this project. Very truly yours, TML /STERN ENGINEERS, INC. Daniel F. Healy, P.E. DFH:rig INBign D SEP091991 CITY OE TuKvvILA PLANNING DEPT. i . TANK SCHEDULE TANK - TAN( N5TALLED PRODUCT RCHAPJC5 A ' .1000 .1973 xerrai serwaff frlf•TED 5/90 8 10.00CI .197.3 CHLORINATED ?ARMIN 111.1f77 12/90 C 10.000 1973 CTUOUX2' FILED 2/91 1 10.000 MB NAPTHA ENP17£17 12/90 2 3.000 1%8 PSC CTIPTCD 6/90 3 10.000 1%8 xrtart- A.LtD 2/91 4 3.000 J%8 . 5E1A6 25--... EIVITED 7/90 5 WOO 1%8 MN FILLED 3/91 6 6.000 1968 TOLUENf 111J.513 2/91 7 6.000 19613 NAPTHA flIPITED 6/90 8 .1000 '1%8 XYW MP= 6/90 9 1000 1968 Min' 11110 3/91 10 3000 1968. HO( £71PTIED 8/90 11 3.000 .1968 • FROPANOL fl•FTET7 7/90 _ - 025711■10:.• LANDSCAPING • 1 A LANDERCROLOYD srata TAW C SITE PLAN 56.41F* 1• 20' • 1. 'CONTRACTOR VERrY LOCA170N Of. 01,10ERGROL4Y0 ramrs. PROOL.CT MPG'S U17.11125. 2. • LADERCROLAY17 PRooucr Trsvc NOT snow 3. 'CAP'LlY0eRcRouvi; P1?061-VT fre5 lil.fLONC WALL. AND•PANT ;NTH 1 C.P.M - 1-1' - Yl o o GACO WESTERN UNDERGROUND STORAGE TANK REMOVAL Prepared By TML /STERN ENGINEERS, INC. Project #733 -01 c!1( OE -I vVILA PLANNING DEPT GACO WESTERN UNDERGROUND STORAGE TANK REMOVAL TABLE OF CONTENTS Division 00 - Contract Documents 00100 Instruction to Bidders 00650 Summary of Insurance Requirements Endorsement Bid Form Notice of Award Standard Form of Agreement General Conditions of the Construction Contract Supplementary Conditions Notice to Proceed Construction Performance Bond Construction Payment Bond Drawing List Division 1 - General Requirements 01010 Summary of Work 01060 Regulatory Requirements 01100 Special Project Requirements 01200 Project Meetings 01310 Construction Schedule 01340 Submittals 01370 Schedule of Values 01500 Temporary Facilities and Controls 01700 Contract Closeout 01720 Project Record Documents Division 2 - Site Work 02222 Excavation 02225 Backfilling and Compacting 02513 Asphaltic Concrete Paving : SECTION 01010 INSTRUCTIONS TO BIDDERS PART 1 - GENERAL 1.01 DATA TO BE FURNISHED BY EACH BIDDER A. A copy of Washington State UST Service Provider License. B. Name of Supervisor(s) to be assigned to the project and a copy of their Washington State License. C. Name of site assessment person(s) and copy of their Washington State Registration. D. Names of trained tank removal workers and a record of their training. 1.02 EXECUTION OF CONTRACT A. The successful Bidder will be required to execute said Contract, and furnish performance and other required bonds, and insurance certificates, and affidavit of wages to be paid, satisfactory to the Owner, within ten days after receiving from the Owner properly prepared contract documents. 1.03 PROPOSAL SUMS A. The sum of money shown on the Proposal covering all work included in base bid contract documents, together with any Addenda thereto and /or for unit prices called for, or for any alternates called for, shall include all items of labor, material, equipment, overhead and compensation, to complete all of the work under each particular heading. 1.04 . TAXES A. The contract sum and any agreed variations thereof shall include all taxes imposed by law, except only Washington State Sales Tax. Sales tax will be collected from the Owner and will be paid to the State by the Contractor in conformance with the law. Contractor shall furnish proof of payment of all taxes required by law. 1.05 EXAMINATION OF SITE AND CONDITIONS A. Before submitting his Proposal, the Bidder shall examine the site of the work and ascertain for himself all of the physical conditions in relation thereto. 733 -01 00100 -1 Failure to take this precaution will not release successful Bidder from entering into contracts nor excuse him from performing the work in strict accordance with the terms of the Contract. Contractor shall employ, so far as possible, such methods and means in the carrying out of his work as will not cause any interruption or interference with any other Contract. No statement made by any officer, agent, or employee of the Owner or Architect /Engineer in relation to the physical conditions pertaining to the site of the work will be binding on the Owner or Architect /Engineer. 1.06 INTERPRETATION OF PROPOSED CONTRACT DOCUMENTS A. If any person contemplating a bid for the proposed contract is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, he may submit to the Architect /Engineer a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by Addendum duly issued and a copy of such Addendum will be mailed or delivered to each person receiving a set of such documents. The Owner will not be responsible for any other explanations or interpretation of the proposed documents. 1.07 FILLING IN PROPOSAL FORMS A. The Bidder shall submit his Proposal on the forms bound in the Project Manual. All blank spaces in the Proposal form shall be properly filled in. If the Proposal is made by a partnership or co- partnership, it shall be stated and it shall contain the names of each partner and shall be signed in the firm name, followed by the written signature of the partner. If the Proposal is made by a corporation, it shall be signed by the name of the corporation, followed by the written signature of the officer signing, and the printed or typewritten designation of the office he holds in the corporation. The address of the Bidder shall be typed or printed on the Proposal in the space provided. 1.08 PROHIBITION OF ALTERATIONS A. Except as otherwise provided herein, proposals which are incomplete, or which are conditioned in any way, or which contain erasures, alterations, or items not called for in the Proposal, or which are not in conformity to the law, may be rejected as informal. B. The Proposal invites bids on definite plans and specifications. Only the amounts and information asked for on the proposal form furnished will be considered as the bid. Each Bidder shall bid upon the Work exactly as specified and as provided in the Proposal and as clarified herein by Paragraph 1.07 of the Instructions to Bidders. The Bidder shall bid upon all alternates 733 -01 00100 -2 indicated on the proposal form as provided herein. When bidding on alternates for which there is no charge, the Bidder shall write the words "No charge" in the space provided in the proposal form. 1.09 SUBMISSION OF PROPOSAL A. No oral or telephonic proposals will be considered. B. Each Proposal, together with bid information and certified check, cashier's check, or bid bond, shall be completely sealed in a separate envelope marked as follows: Name of Bidder Proposal For: (Description of Job) Job No. Time, Date and Location of Proposal Opening C. If bid envelopes are furnished with the bidding documents, they shall be used in submitting the bid. Bids will be received at the time and place stated in the Advertisement for Bids. 1.10 MODIFICATION OF PROPOSAL A. Modifications of Proposals already received will be considered only if the request for the privilege of making such modification is granted and the modification is made prior to the scheduled closing time for the receipt of proposals. All modifications must be made in writing over the signature of the bidder. B. Telegraphic modifications will be accepted only if such telegraphic modification is received prior to the bid opening time (telegrams must be delivered) and same is confirmed in writing on the stationery of the Contractor. Such confirming letter shall be postmarked by date and time prior to bid opening. 1.11 WITHDRAWAL OF PROPOSAL A. At any time prior to the scheduled closing time for receipt of proposals, any Bidder may withdraw his Proposal, either personally or by written request and /or telegraphic and confirmed written request, in the manner set forth herein for modifications of Proposal. If withdrawal is made personally, proper receipt shall be given therefore. B. After the scheduled closing time for the receipt of proposals, or before award. 733 -01 00100 -3 of Contract, no Bidder will be permitted to withdraw his Proposal unless said award is delayed for a period exceeding thirty days. Any bids received after the scheduled closing time for receipt of bids will be time /date stamped and returned to the Bidder unopened. 1.12- REJECTION. OF PROPOSAL A. The Owner reserves the right to reject any and all proposals. It also reserves the right to waive any informalities in connection with said proposals or bids. If any Bidder is interested in more than one Proposal, all proposals in which such Bidder is interested will be rejected. If the Proposal includes a supplementary schedule of predetermined unit prices for labor and material, or other items for the purpose of establishing a cost basis or unforseen contract changes, the Owner reserves the right to reject, without impairing the balance of the proposal, any or all such predetermined unit prices in such supplement which the Owner may consider excessive or unreasonable. 1.13 CONTRACT DOCUMENTS A. The Contract Documents are defined and enumerated in the Standard Form of Agreement. PART 2 = PRODUCTS PART 3 - EXECUTION END OF SECTION 733 -01 00100 -4 SECTION 00650 SUMMARY OF INSURANCE REQUIREMENTS PART 1 GENERAL 1.01 Insurance Company and the authorized agent shall be licensed with the Washington State Insurance Commissioner per Title 48 of the RCW. 1.02 The Owner may accept- a firm to be self- insured if it receives acceptable (1) current financial statement, (2) irrevocable letter of credit for contract amount, (3) project "work in process" schedule with contract values, (4) if "stop loss" involved, limit amount, (5) if Third Party Administrator, who and (6) a current Dunn and Bradstreet Report cost of which to be borne by the contractor. 1.03 Complete the enclosed Endorsement Form #RM -100 attach to the insurance certificate. • 1.04 Name and address of certificate holder shall be listed as: Gaco Western,' Inc. P.O. Box 88698 Seattle,.Washington 981.18 -2698 1.05 FOR CONTRACTS UNDER 5250,000, THE COVERAGE REQUIRED IS: A. Comprehensive General Bodily Injury Liability Insurance PER OCCURRENCE . AGGREGATE 5500,000 51,000,000 B. Comprehensive Property Damage Insurance • PER OCCURRENCE AGGREGATE 5500,000 51,000,000 C. or 51;000,000 each occurrence /aggregate Bodily Injury and Property Damage combined single limit. D. Comprehensive Automobile Bodily Injury Insurance PERSON PER OCCURRENCE 5500,000 51,000,000 E. Comprehensive Automobile Property Damage Insurance PER OCCURRENCE 5500,000 F. or 51,000,000 each occurrence /aggregate Bodily Injury and Property Damage combined single limit. G. EMPLOYER'S LIABILITY INSURANCE, on an occurrence basis, in an amount not less than Five Hundred Thousand (5500,000). PART' 2 PRODUCTS Not Used PART 3 EXECUTION Not Used END OF SECTION 733 -01 00650 -1 1 ENDORSEMENT Attached to and forming part of Policy No. of the • (Insurance Company) Issued to Agency at (Insured) Policy period from to 1. Subject to all terms, exclusions and conditions contained in the policy, this insurance insures against claims and. liabilities that may arise out of or in connection with the performance of Work or the providing of any goods or Services for _Gaco Western by the insured, 'and the insured's liability for claims arising out of the performapce of Work or providing Goods or Services by the insured's suppliers or subcontractors. 2. State -of. Washington, its commissions and boards .and employees acting within the scope of their employment are named as additional insureds under this policy with respect to claims and liabilities arising out of or in connection with the performance of Work or the providing of any Goods or Services by the insured and the insured's liability for claims arising out of or in connection with the performance by the insured's suppliers or subcontractors. 3. This insurance is primary insurance with respect to the interest of each of the additional insureds appearing in 2 above and any other insurance maintained by any of such additional insureds in excess and not contributory with this insurance. 4. Any failure of any :named insured under this. policy to report a claim under this.policy shall not in any way prejudice the rights to coverage by this policy of.any additional insureds appearing in 2 above. 5. Subject to all terms, exclusions and conditions contained in the policy, this insurance insures against liabilities (including, but not limited to, those arising out of or within the purview of the indemnification and hold harmless provisions) assumed by the insured in connection with the Work or providing Goods & Services. 733 -01 00650-2 6. This policy may not be terminated prior to the policy expiration date, canceled or materially altered (including, without limitation, any reduction of coverage) without giving forty five (45) days prior written notice of such termination, cancellation, or alteration to the Department of the State of Washington granting the contract to provide Work, Goods, or Services. (Central Washington University, Facilities Planning and Construction, Ellensburg, Washington 98926). • All other terms and conditions of the. policy remain unchanged. Date (Name of insurance Company) (Authorized Representative) 7%i.,n1 BID FORM PROJECT IDENTIFICATION. Underground Storage Tank Removal (if applicable, also indicate designated portion of Project for which Bid is submitted.) THIS BID IS SUBMITTED TO: " Gaco Western, Inc. 18700 Southcenter Blvd. Tukwila, WA 98188 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for forty -five days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Require- ments within fifteen days after the date of O \VNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number (b) BIDDER has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests. reports or similar information or data in respect of said Under- ground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price. within the Contract Time and in accordance with the other terms and conditions of the Contract Do ents, including specifically the provisions of paragraph 4.3 of the General Con- ditions. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explora- tions, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. BIDDER will complete the Work for the following price(s): LUMP SUM CONTRACT PRICE (S ) (use words) (figures) will be substantially complete within 60 calendar days after the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment within ' 90 calendar days after the date when the Contract Time commences to run. I BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of (b) A tabulation of Subcontractors, Suppliers and other persons and organizations required to be iden- tified in this Bid. 7. Communications concerning this Bid shall be addressed to: The address of BIDDER indicated below. The following address: (T) 8. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Condi- tions. (U) SUBMITTED on 19 2 If BIDDER is: An Individual By (SEAL) (Individual's Name) doing business as Business address. Phone No • A Partnership By (SEAL) (Firm Name) (general partner) Business address. Phone No.: A Corporation By (Corporation name) (state of incorporation) By (name of person authorized to sign) (Title) (Corporate Seal) Attest (Secretary) Business address. Phone No.: A Joint Venture By (Name) (Address) By (Name) (Address) (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). LIST OF SUBCONTRACTORS NAME BID FORM ADDRESS WORK TO BE PERFORMED 4 NOTICE OF AWARD. Dated , 19 TO' tRIDDER) ADDRESS. OWNER'S PROJECT NO PROJECT OWNER'S CONTRACT NO CONTRACT FOR Underground Storage Tank Removal tlnsert name of Contra tt as it appears in the 1(idd'+nt Doeuntems) You are notified that your Bid dated , 198__ for the above Contract has been considered. You are the apparent successful bidder and have been awarded a contract for • (indicate total Work. alternates or sections of Work awarded) The Contract Price of your contract is • Dollars (S ). • . Three copies of each of the proposed Contract Documents (except Drawings) accom- pany this Notice of Award. Three sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, that is by , 198— 1. You must deliver to the OWNER three fully executed counterparts of the Agreement including all the Contract Documents. This includes the triplicate sets of Drawings. Each of the Contract Documents must bear your signature on (the cover) (every) page. 2. You must deliver with the executed Agreement the Contract Security (Bonds) as specified in the Instructions to Bidders (paragraph 17), General Conditions (para- graph 5.1) and Supplementary Conditions (paragraph SC -5.1). EJCDC No. 1910 -22 (1983 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. 3. (List other conditions precedent). Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten days after you comply with those conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. By Copy to ENGINEER (Use Certified Mail, Return Receipt Requested) (O'N'N ER) (AUTHORIZED SIGNATURE) (TITLE) EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR THIS AGREEMENT is dated as of the day of in the year 19 by and between f;acn Western , Inc (hereinafter called O \VNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Remove underground storage tanks and associated piping. Artteld I. \ti'OKK. CONTRACTOR shall complete all Work as specified o_ r.indicated in the Contract Docu_ments_. The Work is generally described as follows: Remove underground storage tanks and associated piping. Article 2. ENGINEER. The Project has been designed by TML /Stern Engineers, Inc. who is hereinafter called ENGINEER and who is to act as O\VNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be substantially completed within days from the date when the Contract Time commences to run as provided in paragraph 2.., of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within •90 days from the date when the Contract Time commences to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that O \VNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof. OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER �e dollars (S 1.00 ) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by 1 OWNER CON CfOR shall pay OWNER one hued dollars E Y dollars (S inn no ) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the 1Vork in accordance with the Contract Documents in current funds as follows: [here insert a lump sum, unit prices or both, if necessary attach exhibits and list them in Article S.) [CONTRACTOR'S Bid may be attached as an exhibit to avoid lengthy retyping of unit price schedules, formulae for escalation of prices, information as to alternatives, etc.) Article S. PAYMENT PROCEDURES. CONTRACTOR shall submit .Applications for Payment in accordance with Article 14 of the General Condi- tions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the 15th day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. . 95% of Work completed. If Work has been 50% completed as determined by ENGI- NEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed in which case the remaining progress • payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. 82% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in para- graph 14.2 of the General Conditions). 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CON- TRACTOR to ..95% of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. 2 Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.2 of the General Conditions; and accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to reply. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has reviewed and checked all information and data shown .or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examina- tions, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1 to 5 ) , inclusive . 8.2. Exhibits to this Agreement (pages to , inclusive). 8.3. Performance and other Bonds, i denti f i ed as exh i hi is t and 2 pages. 8.4. Notice of Award. 8.5. General Conditions (pages 1 to 33 , inclusive). 3 and consisting of V. Specifications bearing tl•te _ Underground Storage Tank •oval and consisting of --- divisions and 35 _ pages, as listed in table of contents thereof. 8.8. Drawings, consisting of a cover sheet and sheets numbered per Qra ing l t st each sheet bearing the following general title: Underground Flammable Liquid Storage 3.9. Addenda numbers to , inclusive: 8.10: CONTRACTOR's Bid (pages to , inclusive) marked exhibit (Attach aid Form only in special circumstances.) S.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages to , inclusive). 8.12. The following w.4hich may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written .Amendments and other documents an:et:ding. modifying, or supple - menting the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. $.13. The documents listed in paragraphs 3.2 et seq. above are. attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article S. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article l of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor front any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal represen- tatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on , 19 OWNER CONTRACTOR 13y 13y (CORPORATE SEAL) [CORPORATE SEAL) Attest Attest Address for giving notices Address for giving notices (If OWNER is a public body, attach evidence of License No. authority to sign and resolution or other documents authorizing execution of Agreement.) Agent for service of process. (If CONTRACTOR is a corporation, attach evi- dence of authority to sign.) 5 This document has importaegal consequences: consultation with aSorney is encouraged with respect to its completion o dification. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers' Joint Contract Documents Committee ("NATIONAL) OF PROFESSIONAL ENGINEERS loom N3e and Issued and Published Jointly By AMERICAN SOCIETY OF CIVIL ENGINEERS FOUNDED 1852 PROFESSIONAL ENGINEERS IN PRIVATE_ PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General Contractors of America These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910 -8 -A -1 or 1910- 8 -A -2, 1983 editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents, No. 1910 -9, 1981 edition. For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supple- mentary Conditions (No. 1910 -17; 1983 edition). When bidding is involved, the Standard Form of Instructions to Bidders (No. 1910 -12, 1983 edition) may be used. EICDC No. 1910 -8 (1983 Edition) Reprinted 1146 • • 1983 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street, N.W., Washington, D.C. 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 Construction Specifications Institute 601 Madison St., Alexandria, VA 22314 TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title P(q.'e 1 DEFINITIONS 7 2 PRELIMINARY MATTERS 8 3 CONTRACT DOCUMENTS: INTENT. AMENDING AND REUSE 9 4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS 10 5 BONDS AND INSURANCE ►► 6 CONTRACT'OR'S RESPONSIBILITIES 14 7 OTHER WORK 18 8 OWNER'S RESPONSIBILITIES 19 9 ENGINEER'S STATUS DURING CONSTRUCTION 19 10 CHANGES IN THE WORK 21 11 CHANGE OF CONTRACT PRICE 2► 12 CHANGE OF CONTRACT TIME 24 13 WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 24 14 PAYMENTS TO CONTRACTOR AND COMPLETION 26 15 SUSPENSION OF WORK AND TERMINATION 29 16 ARBITRATION 31 17 MISCELLANEOUS 32 3 INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of Insurance 5.13 Access to the Work 13.2 Addenda - definition of (see definition of Specifications) 1 Agreement - definition of 1 All Risk Insurance 5.6 Amendment, Written 1, 3.1.1 Application for Payment - definition of 1 Application for Payment, Final 14.12 Application for Progress Payment 14.2 Application for Progress Payment- review of .... 14.4 -14.7 Arbitration 16 Authorized Variation in Work 9.5 Availability of Lands 4.1 Award, Notice of- defined 1 Before Starting Construction 2.5 -2.7 Bid - definition of 1 Bonds and Insurance -in general 5 Bonds - definition of 1 Bonds, Delivery of 2.1, 5.1 Bonds, Performance and Other 5.1 -5.2 Cash Allowances 11.8. Change Order - definition of 1 Change Orders -to be executed 10.4 Changes in the Work 10 Claims, Waiver of-on Final Payment 14.16 Clarifications and Interpretations 9.4 Cleaning 6.17 Completion 14 Completion, Substantial 14.8 -14.9 Conference, Preconstruction 2.8 Conflict, Error, Discrepancy - Contractor to Report 2.5. 3.3 Construction Machinery. Equipment, etc. 6.4 Continuing Work 6.29 Contract Documents - amending and supplementing 3.4 -3.5 Contract Documents - definition of 1 Contract Documents - Intent 3.1 -3.3 Contract Documents -Reuse of 3.6 Contract Price. Change of 11 Contract Price - definition 1 Contract Time, Change of 12 Contract Time, Commencement of 2.3 Contract Time - definition of 1 Contractor - definition of 1 Contractor May Stop Work or Terminate 15.5 Contractor's Continuing Obligation 14.15 Contractor's Duty to Report Discrepancy in Documents 2.5. 3.2 Contractor's Fee -Cost Plus ... 11.4.5.6. 11.5.1, 11.6 -11.7 Contractor's Liability Insurance 5.3 Contractor's Responsibilities -in general 6 4 Contractor's Warranty of Title 14.3 Contractors -other 7 Contractual Liability Insurance 5.4 Coordinating Contractor - definition of 7.4 Coordination 7.4 Copies of Documents 2.2 Correction or Removal of Defective Work 13.11 Correction Period, One Year 13.12 Correction, Removal or Acceptance of Defective Work -in general 13.11 -13.14 Cost -net decrease 11.6.2 Cost of Work 11.4 -11.5 Costs, Supplemental 11.4.5 Day - definition of Defective- definition of 1 Defective Work, Acceptance of 13.13 Defective Work, Correction or Removal of 13.11 Defective Work -in general 13, 14.7, 14.11 Defective Work, Rejecting 9.6 Definitions 1 Delivery of Bonds 2.1 Determination for Unit Prices 9.10_ Disputes, Decisions by Engineer 9.11 -9.12 Documents, Copies of 2.2 Documents. Record 6.19 Documents, Reuse 3.6 Drawings - definition of 1 Easements 4.1 Effective date of Agreement -- definition of 1 Emergencies 6.22 Engineer -- definition of 1 Engineer's Decisions 9.10 -9.12 Engineer's Notice Work is Acceptable 14.13 Engineer's Recommendation of Payment 14.4, 14.13 Engineer's Responsibilities, Limitations on 6.6,9.I1,9.13-9.16 Engineer's Status During Construction -in general 9 Equipment, Labor. Materials and 6.3 -6.6 Equivalent Materials and Equipment 6.7 Explorations of physical conditions 4.2 Fee, Contractor's -Costs Plus 11.6 Field Order - definition of 1 Field Order - issued by Engineer 3.5.1, 9.5 . Final Application for Payment 14.12 Final Inspection 14.11 Final Payment and Acceptance 14.13 Final Payment. Recommendation of 14.13 -14.14 General Provisions 17.3 -17.4 General Requirements -- definition of 1 General Requirements - principal references to 2.6, 4.4, 6.4, 6.6- 6.7.6.23 Giving Notice 17.1 Guarantee of Work -by Contractor 13.1 Indemnification 6.30 - 6.32.7.5 Inspection. Final 14.11 Inspection. Tests and 13.3 Insurance. Bonds and -in general 5 Insurance. Certificates of 2.7. 5 Insurance - completed operations 5.3 Insurance. Contractor's Liability 5.3 Insurance. Contractual Liability 5.4 Insurance. Owner's Liability 5.5 Insurance. Property 5.6.5.13 Insurance - Waiver of Rights 5.11 Intent of Contract Documents 1 3 9.14. Interpretations and Clarifications 9.4 Investigations of physical conditions 4.2 Labor. Materials and Equipment Laws and Regulations -- definition of Laws and Regulations - general Liability Insurance- Contractor's Liability Insurance - Owner's Liens-definitions of Limitations on Engineer's Responsibilities 6.6. 9.11.9.13- 6.3 -6.5 1 6.14 5.3 5.5 14.2 9.16 6.3 14.2 6.7 17 7 17.1 14.13 1 1 2.3 6.7 7 7 6.3 1 13.14 13.10 15.1 -15.4 11.8 5.5 9.1 8 9.3 Materials and equipment - furnished by Contractor Materials and equipment -not incorporated in Work Materials or equipment - equivalent Miscellaneous Provisions Multi -prime contracts Notice, Giving of Notice of Acceptability of Project Notice of Award - definition of Notice to Proceed - definition. of Notice to Proceed - giving of "Or-Equal", Items Other contractors Other work Overtime Work - prohibition of Owner - definition of Owner May Correct Defective Work Owner May Stop Work Owner May Suspend Work, Terminate Owner's Duty to Execute Change Orders Owner's Liability Insurance Owner's Representative - Engineer to serve as Owner's Responsibilities -in general Owner's Separate Representative at site Partial Utilization 14.10 Partial Utilization- definition of 1 Partial Utilization - Property Insurance 5.15 Patent Fees and Royalties 6.12 Payments, Recommendation of 14.4 -14.7, 14.13 Payments to Contractor -in general 14 5 Payments to Contractor -when due 14.4. 14.13 Payments to Contractor - withholding 14.7 Performance and other Bonds 5.1 -5.2 Permits 6.13 Physical Conditions 4.2 Physical Conditions - Engineer's review 4.2.4 Physical Conditions - existing structures 4.2.2 Physical Conditions - explorations and reports 4.2.1 Physical Conditions - possible document change 4.2.5 Physical Conditions -price and time adjustments 4.2.5 Physical Conditions -report of differing 4.2.3 Physical Conditions- Underground Facilities 4.3 Preconstruction Conference Preliminary Matters Premises, Use of 6.16 -6.18 Price. Change of Contract 11 Price- Contract - definition of Progress Payment, Applications for 14.2 Progress Payment- retainage 14.2 Progress schedule 2.6, 1.9. 6.6. 6.29. 15.2.6 Project - definition of 1 Project Representation - provision for 9.3 Project Representative. Resident - definition of Project. Starting the 2.4 Property Insurance 5.6 -5.13 Property Insurance - Partial Utilization 5.15 Property Insurance - Receipt and Application of Proceeds 5.12 -5.13 Protection. Safety and 6.20 -6.21 Punch list 14.11 2.8 Recommendation of Payment 14.4, 14.13 Record Documents 6.19 Reference Points 4.4 Regulations. Laws and 6.14 Rejecting Defective Work 9.6 Related Work at Site 7.1 -7.3 Remedies Not Exclusive 17.4 Removal or Correction of Defective Work 13.11 Resident Project Representative - definition of 1 Resident Project Representative - provision for 9.3 Responsibilities, Contractor's -in general 6 Responsibilities, Engineer's -in general 9 Responsibilities, Owner's -in general 8 Retainage 14.2 Reuse of Documents 3.5 Rights of Way 4.1 Royalties, Patent Fees and 6.12 Safety and Protection 6.20 -6.21 Samples 6.23 -6.28 Schedule of progress 2.6, 2.8 -2.9, 6.6, 6.29, 15.2.6 Schedule of Shop Drawing submissions 2.6, 2.8 -2.9, 6.23, 14.1 Schedule of values 2.6, 2.8 -2.9, 14.1 Schedules, Finalizing 2.9 Shop Drawings and Samples 6.23 -6.28 Shop Drawings - definition of 1 Shop Drawings, use to approve substitutions 6.7.3 Site, Visits to-by Engineer 9.2 Specifications - definition of 1 Starting Construction, Before 2.5 -2.8 Starting the Project 2.4 Stopping Work -by Contractor 15.5 Stopping Work -by Owner 13.10 Subcontractor - definition of 1 Subcontractors -in general 6.8 -6.11 Subcontracts - required provisions 5 11.1, 6.11 11.4.3 Substantial Completion -- certification of 14.8 Substantial Completion- definition of 1 Substitute or "Or- Equal" Items 6.7 Subsurface Conditions 4.2 -4.3 Supplemental costs 11.4.5 Supplementary Conditions -- definition of 1 Supplementary Conditions - principal references to .. 2.2, 4.2, 5.1, 5.3,5.6 -5.8, 6.3, 6.13, 6.23, 7.4, 9.3 Supplementing Contract Documents 3.4 -3.5 Supplier- definition of 1 Supplier - principal references to ... 3.6, 6.5, 6.7 -6.9, 6.20, 6.24, 9.13, 9.16, 11.8, 13.4, 14.12 Surety-consent to payment 14.12, 14.14 Surety- Engineer has no duty to 9.13 Surety - notice to 10.1, 10.5, 15.2 Surety - qualification of 5.1 -5.2 Suspending Work, by Owner 15.1 Suspension of Work and Termination -in general 15 Superintendent- Contractor's 6.2 Supervision and Superintendence 6.1 -6.2 Taxes - Payment by Contractor 6.15 Termination -by Contractor 15.5 Termination -by Owner 15.2 -15.4 Termination, Suspension of Work and -in general 15 Tests and Inspections 13.3 -13.7 Time, Change of Contract 12 6 Time, Computation of 17.2 Time, Contract - definition of 1 Uncovering Work 13.8 -13.9 Underground Facilities - definition of 1 Underground Facilities-not shown or indicated 4.3.2 Underground Facilities- protection of 4.3. 6.20 Underground Facilities -shown or indicated 4.3.1 Unit Price Work - definition of 1 Unit Price Work - general 11.9, 14.1. 14.5 Unit Prices 11.3.1 Unit Prices, Determinations for 9.10 Use of Premises 6.16 -6.18 Utility owners 6.13. 6.20, 7.2 -7.3 Values, Schedule of 2.6. 2.9, 14.1 Variations in Work - Authorized 6.25, 6.27, 9.5 Visits to Site -by Engineer 9.2 Waiver of Claims -on Final Payment 14.16 Waiver of Rights by insured parties 5.10. 6.11 Warranty and Guarantee -by Contractor 13.1 Warranty of Title, Contractor's 14.3 Work. Access to 13.2 Work -by others 7 Work Continuing During Disputes 6.29 Work, Cost of 11.4-11.5 Work - definition of 1 Work Directive Change-definition of 1 Work Directive Change- principal references to 3.4.3, 10.1 -10.2 Work, Neglected by Contractor 13.14 Work, Stopping by Contractor 15.5 Work, Stopping by Owner 15.1 -15.4 Written Amendment -- definition of 1 Written Amendment - principal references to 3.4.1, 10.1, 11.2, 12.1 GENERAL CONDITIONS ARTICLE I— DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: Addenda — Written or graphic instruments issued prior 10 the opening of Bids which clarify. correct or change the kidding documents or the Contract Documents. Agreement —The written agreement between OWNER and CONTRACTOR covering the Work to he performed: other - Contract Documents are attached to the Agreement and made a part thereof as provided therein. Application fur. Payment —The form accepted by ENGI- NEER which is to he used by CONTRACTOR in requesting progress or final payments and which k to include such sup- porting documentation as is required by the Contract Documents. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to he performed. Bonds —Bid. performance and payment bonds and other instruments of security. Change Order—A document recommended by ENGINEER. which is signed by CONTRACTOR and OWNER and autho- rizes an addition. deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time. issued on or after the Effective Date of the Agreement. Contract Documents —The Agreement. Addenda (which per - tain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post - Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement. the Bonds. these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more spe- cifically identified in the Agreement. together with all amend- ments, modifications and supplements issued pursuant to paragraphs 3.4 and 3.5 on or after the Effective Date of the Agreement. Contract Price —The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). Contract Time —The number of days (computed as provided in paragraph 17.2) or the date stated in the Agreement for the completion of the Work. CONTRACTOR —The person, firm or corporation with whom OWNER has entered into the Agreement. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient, or does not conform to the Contract Documents. or does not meet the requirements of any inspection. reference standard. test or approval referred to in the Contract Documents. or 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 paragraph 14.8 or 14.10). Drawings —The drawings which show the character and scope of the Work to he performed and which have been prepared or approved by ENGINEER and are referred to in the Con- tract Documents. 7 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 as such in the Agreement. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time. General Requirements—Sections of Division I of the Speci- fications. Laws and Regulations: Laws or Regulations —Laws, rules, regulations. ordinances. codes and/or orders. Notice of Award —The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein. within the time specified. OWNER will sign and deliver the Agreement. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR'S obligations under the Contract Documents. OWNER —The public body or authority, corporation, asso- ciation, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Partial Utilization— Placing a portion of the Work in service for the purpose for which it is intended (or a related purpose) before reaching Substantial Completion for all the Work. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. Resident Project Representative --The authorized represen- tative of ENGINEER who is assigned to the site or any part thereof. Shop Drawings —A11 drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, perfor- mance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work. Specifications —Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details applicable thereto. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Sub- contractor for the performance of a part of the Work at the site. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work ,(or specified part) can be utilized for the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially com- pleted" as applied to any Work refer to Substantial Comple- tion thereof. Supplementary Conditions —The part of the Contract Docu- ments which amends or supplements these General Condi- tions. Supplier —A manufacturer, fabricator, supplier, distributor, materialman or vendor. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facil- ities which have been installed underground to furnish any of the following services or materials: electricity, gases. steam, liquid petroleum products, telephone or other communica- tions, cable television. sewage and drainage removal. traffic or other control systems or water. Unit Price Work —Work to be paid for on the basis of unit prices. Work —The entire completed construction or the various sep- arately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of per- forming services. furnishing labor and furnishing and incor- porating materials and equipment into the construction. all as required by the Contract Documents. Work Directive Change —A written directive to CONTRAC- TOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER. ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not 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 following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in paragraph 10.2. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally deal- ing with the nonengineering or nontechnical rather than strictly Work- related aspects of the Contract Documents. 8 ARTICLE 2— PRELIMINARY MATTERS Delivery of Bonds: 2.,1. When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con - ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Time; Notice to Proceed: 2.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agree- ment. In no event will the Contract Time commence to run later than the seventy -fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Project: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run. but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Starting Construction: 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby: however. CONTRACTOR shall not be lia- ble to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents. unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Require- ments). CONTRACTOR shall submit to ENGINEER for review: 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: 2.6.2. a preliminary schedule of Shop Drawing sub- missions: and 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be con- firmed in writing by CONTRACTOR at the time of sub- mission. 2.7. Before any Work at the site is started, CONTRAC- TOR shall deliver to OWNER, with a copy to ENGINEER. certificates (and other evidence of insurance requested by OWNER) which CONTRACTOR is required to purchase and maintain in accordance with paragraphs 5.3 and 5.4. and OWNER shall deliver to CONTRACTOR certificates (and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7. Preconstruction Conference: 2.8. Within twenty days after the Effective Date of the Agreement, but before CONTRACTOR starts the Work at the site, a conference attended by CONTRACTOR, ENGI- NEER and others as appropriate will be held to discuss the schedules referred to in paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals and for processing Applications forPayment, and to establish a working understanding among the parties as to the Work. Finalizing Schedules: 2.9. At least ten days before submission of the first Appli- cation for Payment a conference attended by CONTRAC- TOR, ENGINEER and others as appropriate will be held to finalize the schedules submitted in accordance with para- 9 graph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time. but such acceptance will neither impose on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CON- TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for pro- cessing the submissions. The finalized schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3— CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE Intent: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concernine the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. 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. When words which have a well - known technical or trade meaning are used to describe Work. materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications. manuals or codes of any technical society. organization or association, or to the Laws or Regulations of any governmental authority. whether such reference be specific or by implication, shall mean the latest standard specification. manual, code or Laws or Regulations in effect at the time of opening of Bids (or. on the Effective Date of the Agreement if there were no Bids). except as may be otherwise specifically stated. 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 employ- ees from those set forth in the Contract Documents, nor shall it be effective to assign to ENGINEER, or any of ENGI- NEER's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsi- bility contrary to the provisions of paragraph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. If, during the performance of the Work, CONTRAC- TOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work affected thereby shall obtain a written interpretation or clarification from ENGINEER; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. Amending and Supplementing Contract Documents: 3.4. The Contract Documents may be amended to pro- vide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.4.1. a formal Written Amendment, 3.4.2. a Change Order (pursuant to paragraph 10.4), or 3.4.3. a Work Directive Change (pursuant to para- graph 10.1). As indicated in paragraphs 11.2 and 12.1. Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.5. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.5.1. a Field Order (pursuant to paragraph 9.5), 3.5.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27), or 3.5.3. ENGINEER's written interpretation or clarifi- cation (pursuant to paragraph 9.4). Reuse of Documents: 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or fur- nishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings, Specifications or other docu- ments (or copies of any thereof) prepared by or bearing the seal of ENGINEER; and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. ARTICLE 4— AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents. the lands upon which the Work is to be per - formed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CON- TRACTOR. Easements for permanent structures or perma- nent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands. rights -of -way or ease- ments entitles CONTRACTOR to an extension of the Con- tract Time, CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in prep- aration of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports. but not upon nontechnical data, interpreta- tions or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2.6, CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 10 4.2.2. Existing Structures: Reference is made to the Supplementary Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGI- NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings, but not for the complete- _ ness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.2.6, CONTRACTOR shall have full respon- sibility with respect to physical conditions in or relating to such structures. 4.2.3. Report of Differing Conditions: If CONTRAC- TOR believes that: 4.2.3.1. any technical data on which CONTRAC- TOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is inaccurate. or 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indi- cated, reflected or referred to in the Contract Docu- ments, CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by para- graph 6.22), notify OWNER and ENGINEER in writing about the inaccuracy or difference. 4.2.4. ENGINEER•s Review: ENGINEER will promptly review the pertinent conditions. determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENG1NEER's findings and con- clusions. 4.2.5. Possible Document Chen;Re: If ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered condi- tions a change in the Contract Documents is required. a Work Directive Change or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference. 4.2.6. Possible Price and Time Adjustments: In each such case. an increase or decrease in the Contract Price or an extension or shortening of the Contract Time. or any combination thereof. will he allowable to the extent that they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof. a claim may he made therefor as provided in Articles 11 and 12. Physical Conditions— Underground Facilities: 4.3.1. 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 Facil- ities or by others. Unless it is otherwise expressly pro- vided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data: and. 4.3.1.2. CONTRACTOR shall have full responsi- bility for reviewing and checking all such information and data. for locating all Underground Facilities shown or indicated in the Contract Documents. for coordina- tion of the Work with the owners of such Underground Facilities during construction. for the safety and pro- tection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. 4.3.2. Not Shown or Indicated. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reason- ably have been expected to be aware of. CONTRACTOR shall, promptly after becoming aware thereof and before performing any Work affected thereby (except in an emer- gency as permitted by paragraph 6.22). identify the owner of such Underground Facility and give written notice thereof to that owner and to OWNER and ENGINEER. ENGI- NEER will promptly review the Underground Facility to 11 determine the extent to which the Contract Documents should be modified to reflect and document the conse- quences of the existence of the Underground Facility. and the Contract Documents will be amended or supplemented to the extent necessary. During such time. CONTRAC- TOR shall he responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Con- tract Price or an extension of the Contract Time. or both. to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to he aware of. If the parties are unable to agree as to the amount or length thereof. CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements). shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. and shall be respon- sible for the accurate replacement or relocation of such ref- erence points by professionally qualified personnel. ARTICLE 5 —BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish performance and pay- ment Bonds. each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Con- tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condi- tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sure- ties on Fetleral Bonds and as Acceptable Reinsuring Com- panies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, CONTRACTOR shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to OWNER. Contractor's Liability Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's perfor- mance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed or furnished by CONTRACTOR, by any 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: 5.3.1. Claims under workers' or workmen's compen- sation. disability benefits and other similar employee ben- efit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRAC- TOR's employees; 5.3.3. Claims for damages because of bodily injury, sickness or disease. or death of any person other than CONTRACTOR's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by arty person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (b) by any other person for any other reason; 5.3.5. Claims for damages. other than to the Work itself, because of injury to or destruction of tangible prop- erty wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property: and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership. maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplemen- tary Conditions, or required by law. whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insur- ance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provi- sion or endorsement that the coverage afforded will not be cancelled, materially changed or renewal refused until at least 12 thirty days' prior written notice has been given to OWNER and ENGINEER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Contractual Liability Insurance: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31. Owner's Liability Insurance: S.S. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and, at OWNER's option. may purchase and maintain such insur- ance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER, CONTRACTOR, Subcontractors. ENGINEER and ENGINEER's consultants in the Work, all of whom shall be listed as insureds or additional insured parties. shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief. collapse and water damage. and such other perils as may be provided in the Supplementary Conditions. and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers. architects. attorneys and other professionals). If not covered under the "all risk" insurance or otherwise pro- vided in the Supplementary Conditions. CONTRACTOR shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER. CONTRACTOR. Subcontractors. ENGINEER AND ENGINEER's consultants in the Work, all of whom shall be listed as insured or additional insured parties. 5.8. AU the policies of insurance (or the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount. will be borne by CONTRACTOR. Sub - contractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts. each may purchase and maintain it at the purchas- er's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in`the property insurance pol- icy, OWNER shall. if possible. include such insurance. and the cost thereof will be charged to CONTRACTOR by appro- priate Change Order or Written Amendment. Prior to com- mencement of the Work at the site. OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work. and also waive all such rights against the Subcontractors. ENGI- NEER. ENGINEER'S consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11. each subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER, CONTRACTOR. ENGINEER. ENGI- NEER'S consultants and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise pay- able under any policy so issued. 5.11.2. OWNER and CONTRACTOR intend that any policies provided in response to paragraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils covered thereby. Accordingly. all such policies shall con- tain provisions to the effect that in the event of payment of any Toss or damage the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds, and if the insurers require separate waiver forms to be signed by ENGINEER or ENGI- NEER'S consultant OWNER will obtain the same. and if 13 such waiver forms are required of any Subcontractor. CONTRACTOR will obtain the same. Receipt and Application of Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds. as their interests may appear. subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received. and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced. the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as trustee shall have power to adjust and settle any Toss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made. OWNER as trustee shall make set - tlement with the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest. OWNER as trustee shall. upon the occurrence of an insured loss. give bond for the proper per- formance of such duties. Acceptance of Insurance: 5.14. if OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents. OWNER shall notify CON- TRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not complying with the Contract Documents. CON- TRACTOR shall notify OWNER in writing thereof within ten days of the date of delivery of such certificates to CON- TRACTOR in accordance with paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such addi- tional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insur- ance purchased by the other as complying with the Contract Documents. Partial Utilization— Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Comple- tion of all the Work, such use or occupancy may be accom- plished in accordance with paragraph 14.10; provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insur- ance shall consent by endorsement on the policy or policies. but the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. ARTICLE 6— CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Doc- uments. CONTRACTOR shall be solely responsible for the means, methods. techniques, sequences and procedures of construction. but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means, method, technique. sequence or procedure of construction which is indicated in and required by the Contract Documents. CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent. who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CON- TRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent. suitably qualified personnel to survey and lay out the Work and per- form construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto. and except as otherwise indicated in the Contract Documents. all Work at the site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Sat- urday. Sunday or any legal holiday without OWNER's writ- ten consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments, CONTRACTOR shall furnish and assume full respon- sibility for all materials. equipment. labor. transportation. construction equipment and machinery, tools. appliances. fuel. power. light. heat. telephone. water, sanitary facilities. temporary facilities and all other facilities and incidentals necessary for the furnishing, performance. testing. start-up and completion of the Work. 14 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Doc- uments. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed. con- nected, erected, used. cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no pro- vision of any such instructions will be effective to assign to 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 author- ity to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) adjust- ments in the progress schedule to reflect the impact thereon of new developments: these will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or "Or- Equal" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier the naming of the item is intended to establish the type. function and quality required. Unless the name is followed by words indicating that no substitution is permitted. materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEER will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRACTOR. If CON- TRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make writ- ten application to ENGINEER for acceptance thereof. certifying that the proposed substitute will perform ade- quately the functions and achieve the results called for by the general design. be similar and of equal substance to that specified and be suited to the same use as that spec- ified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Comple- tion on time. whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will he identified in the application and available maintenance. repair and replacement service will he indi- cated. The application will also contain an itemized esti- mate of all costs that will result directly or indirectly from acceptance of such substitute. including costs of redesign and claims of other contractors affected by the resulting change. all of which shall he considered by ENGINEER in evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. 6.7.2. If a specific means. method. technique. sequence or procedure of construction is indicated in or required by the Contract Documents. CONTRACTOR may furnish or utilize a substitute means. method. sequence. technique or procedure of construction acceptable to ENGINEER. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in paragraph 6.7.1 as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements. . 6.7.3. ENGINEER will he allowed a reasonable time within which to evaluate each proposed substitute. ENGI- • NEER will he the sole judge of acceptability. and no substitute will he ordered. installed or utilized without ENGINEER'S prior written acceptance which will he evi- denced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur- nish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. ENGINEER will record time required by ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by CONTRACTOR and in making changes in the Contract Documents occasioned thereby. Whether or not ENGINEER accepts a proposed substitute. CON- TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor. Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indi- cated in paragraph 6.8.2). whether initially or as a substi- tute, against whom OWNER or ENGINEER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the identity of certain Subcontractors. Suppliers or other per- sons or organizations (including those who are to furnish the principal items of materials and equipment) to be sub- mitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by 15 OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in accordance with the Supple- mentary Conditions. OWNER's or ENGINEER's accept- ance (either in writing or by failing to make written objec- tion thereto by the date indicated for acceptance or objec- tion in the bidding documents or the Contract Documents) of any such Subcontractor. Supplier or other person or organization so identified may he revoked on the basis of reasonable objection after due investigation. in which case CONTRACTOR shall submit an acceptable substitute. the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver of any right of OWNER or ENGI- NEER to reject defective Work. 6.9. CONTRACTOR shall he fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcon- tractors. Suppliers and other persons and organizations per- forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR just as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Su contractor. Supplier or other person or organization. nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organization except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe- cifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pol- icies issued pursuant to paragraphs 5.6 and 5.7. Parent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and roy- alties and assume all costs incident to the use in the perfor- mance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the perfor- mance of the Work and if to the actual knowledge 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 attorneys' 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 all such claims in connection with any alleged infringement of such rights. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con - struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or if there are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for con- nections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations, neither OWNER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR observes that the Specifi- cations or Drawings are at variance with any Laws or Regulations, CONTRACTOR shall give ENGINEER prompt written notice thereof, and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations. and without such notice to ENGINEER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. Taxes: 6.15. CONTRACTOR shall pay all sales. consumer. use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the 16 place of the Project which are applicable during the perfor- mance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the oper- ations of workers to the Project site and land and areas iden- tified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights - of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contig- uous thereto, resulting from the performance of 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 equi- table. brought by any such other party against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises as well as all tools, appliances, construction equip- ment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings. Specifications. Addenda. Written Amendments. Change Orders. Work Directive Changes. Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during con- struction. These record documents together with all approved samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon com- pletion of the Work. these record documents. samples and Shop Drawings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating. maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of. and shall provide the necessary protection to prevent damage. injury or loss to: 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby: 6.20.2. all the Work and materials and equipment to be incorporated therein. whether ,in storage on or off the site: and 6.20.3. other property at the site or adjacent thereto. including trees. shrubs. lawns. walks. pavements. road- ways. structures. utilities and Underground Facilities not designated for removal. relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage. injury or loss: and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them. and shall cooperate with them in the pro- tection, removal. relocation and replacement of their prop- erty. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused. directly or indirectly. in whole or in part. by CONTRACTOR. any Subcontractor. Supplier or any other person or organization directly or indi- rectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable. and not attributable. directly or indi- rectly. in whole or in part, to the fault or negligence of CON- TRACTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accord- ance with paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substan- tial Completion). 6.21. CONTRACTOR shall designate a responsible rep- resentative at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superin- tendent unless otherwise designated in writing by CON- TRACTOR to OWNER. Emergencies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. 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 prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGI- NEER 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. 17 Shop Drawings and Samples: 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements. CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions (see para- graph 2.9). or for other appropriate action if so indicated in the Supplementary Conditions, five copies (unless otherwise specified in the General Requirements) of all Shop Drawings. which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsi- bilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities, dimen- sions, specified performance and design criteria, materials and similar data to enable ENGINEER to review the infor- mation as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Work. all samples required by the Contract Doc- uments. All samples will have been checked by and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which. intended. 6.25.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veri- fied all quantities, dimensions, specified performance cri- teria, installation requirements, materials, catalog num- bers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2. At the time of each submission, CONTRAC- TOR shall give ENGINEER specific written notice of each variation that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve with reason- able promptness Shop Drawings and samples, but ENGI- NEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CON- TRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.2 and ENGINEER has given written approval of each such varia- tion by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval: nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.25.1. 6.28. Where a Shop Drawing or sample is required by the Specifications, any related Work performed prior to ENGI- NEER's review and approval of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. Indemnification: 6.30. To the fullest extent permitted by Laws and Regu- lations CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) aris- ing out of or resulting from the performance of the Work, 18 provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any 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 and Regulations regardless of the negligence of any such party. 6.31. In any and all claims against OWNER or ENGI- NEER 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 paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER, ENGINEER's consultants. agents or employees arising out of the preparation or approval of maps, drawings, opinions. reports. surveys, Change Orders, designs or specifications. ARTICLE 7 —OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Proj- ect at the site by OWNER's own forces. have other work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work: and, if CONTRACTOR believes that such perfor- mance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof. CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. 7.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER. if OWNER is performing the additional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CON- TRACTOR 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 he affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner for OWNER). CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays. defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR'S failure so to report will constitute an acceptance of the other work as fit and proper for integra- tion with CONTRACTOR's Work except for latent or non - apparent defects and deficiencies in the other work. Coordination: 7.4. If OWNER contracts with others for the perfor- mance of other work on the Project at the site. the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will he itemized. and the extent of such author- ity and responsibilities will he provided. in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions. neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. ARTICLE 8— OWNER'S RESPONSIBILITIES 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection. whose sta- tus under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Para- graph 4.2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing struc- 19 tures which have been utilized by ENGINEER in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections. tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work. see paragraphs 13.10 and b. 1. Paragraph 15.2 deals with O \'VNER's right to terminate services of CON- TRACTOR under certain circumstances. ARTICLE 9— ENGINEER'S STATUS DURING • CONSTRUCTION Owner's Representative: 9.1. ENGINEER will be OWNER's representative dur- ing 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 Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to deter- mine. in general. if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. ENGINEER'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on -site observations as an experienced and qualified design profes- sional. ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties. responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not ENGINEER's agent or employee, the duties. responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: to ENGINEER written notice of intention to appeal from such a decision. 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 11 or 12. "Rejecting Defective 1Vork: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, and will also have authority to require special inspection or testing of the Work as provided in paragraph 13.9. whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7 In connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.28 inclusive. 9.8. In connection with ENGINEER's responsibilities as to Change Orders, see Articles 10, 11 and 12. 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommen- dation of an Application for Payment or otherwise). ENGI- NEER's written decisions thereon will be final and binding upon OWNER and CONTRACTOR. unless. within ten days after the date of any such decision, either OWNER or CON- TRACTOR delivers to the other party to the Agreement and 20 Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the occurrence of the event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show par- tiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final pay- ment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter. Limitations on ENGINEER's Responsibilities: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR. any Sub- contractor, any Supplier. or any other person or organization performing any of the Work. or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms "as ordered ". "as directed ". "as required ". "as allowed ". "as approved" or terms of like effect or import are used, or the adjectives "reasonable ". "suitable ". "acceptable ". "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement. direction. review or judgment of ENGINEER as to the Work, it is intended that such requirement. direction. review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (unless there is a specific statement indicating other- wise). 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 paragraph 9.15 or 9.16. 9.15. ENGINEER will not be responsible for CON - TRACTOR's means. methods. techniques. sequences or pro- cedures of construction. or the safety precautions and pro- grams incident thereto. and ENGINEER will not be respon- sible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.16. ENGINEER will not he responsible for the acts or omissions of CONTRACTOR or of any Subcontractor. any Supplier. or of any other person or organization performing or furnishing any of the Work. ARTICLE 10— CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety. OWNER may. at any time or from time to time. order additions. deletions or revisions in the Work: these 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 conditions of the Contract Documents (except as otherwise specifically provided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent. if any. of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change. a claim may be made therefor as provided in Article 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended, modified and supple- mented as provided in paragraphs 3.4 and 3.5, except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in para- graph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders (or'Written Amendments) covering: 10.4.1. changes in the Work which are ordered by OWNER pursuant to paragraph 10.1. are required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14. or are agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Time which are agreed to by the parties; and 21 10.4.3. changes in the Contract Price or Contract Time which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that. in lieu of executing any such Change Order. art appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations. but during any such appeal, CON- TRACTOR shall carry on the Work and adhere to the prog- ress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including. but not limited to. Contract Price or Contract Time) is required by the provisions of any Bond to be given to a surety. the giving.of any such notice will be CONTRAC- TOR's responsibility. and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11— CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties. responsibil- ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any 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 to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct, indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1. through 11.9.3, inclusive). 11.3.2. By mutual acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2.1). 11.3.3. On the basis of the Cost of the Work (deter- mined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's . Fee for overhead and profit (deter- mined as provided in paragraphs 11.6 and 11.7). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER. such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the 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 the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes. workers' or workmen's compensation, health and retirement benefits. bonuses. sick leave. vacation and hol- iday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours. on Satur- day, Sunday or legal holidays. shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of trans- portation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine. with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC- TOR's Cost of the Work. All subcontracts shall be subject 23 to the other provisions of the Contract Documents insofar as applicable. 1 1.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories. sur- veyors, attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transporta- tion, travel and subsistence expenses of CONTRAC- TOR's employees incurred in discharge of duties con- nected with the Work. 11.4.5.2. Cost, including transportation and main- tenance, of all materials, supplies. equipment, machin- ery, appliances. office and temporary facilities at the site and hand tools not owned by the workers. which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction 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. machin- ery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer. use or similar taxes related to the Work. and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR. any Subcontractor or any- one directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses), not compensated by insurance or otherwise, to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), pro- vided they have resulted from causes other than the negligence of CONTRACTOR. any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRAC- TOR's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities. fuel and sanitary facilities at the site. 11.4.5.8. 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. 11.4.5.9. 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 paragraph 5.9. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON - TRACTOR's officers. executives. principals (of partner- ship and sole proprietorships). general managers. engi- neers. architects. estimators. attorneys. auditors. accoun- tants. purchasing and contracting agents. expeditors. timekeepers. clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a branch office for general administra- tion of the Work and not specifically included in the agreed upon schedule of job classifications referred to in para- graph 11.4.1 or specifically covered by paragraph 11.4.4- - all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by sub- paragraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRAC- TOR. any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. including but not limited to. the correction of defective Work. disposal of materials or equipment wrongly supplied and making good any damage to prop- erty. 11.5.6. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. CONTRACTOR's Fee: 11.6. The CONTRACTOR's Fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 23 11.6.1. a mutually acceptable fixed fee: or if none can be agreed upon. 11.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2. the CONTRACTOR's Fee shall be fifteen percent: 11.6.2.2. for costs incurred under paragraph 11.4.3. the CONTRACTOR's Fee shall be five percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee. the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4. 11.4.5 and 11.5: 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by an amount equal to ten percent of the net decrease: and 11.6.2.5. when both additions and credits are involved in any one change. the adjustment in CON - TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 thro,igh 11.6.2.4. inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or 11.5. CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGI- NEER. CONTRACTOR agrees that: 11.8.1. The allowances include the cost to CON- TRACTOR (less any applicable trade discounts) of mate- rials and equipment required by the allowances to be deliv- ered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and handling on the site. labor. installation costs. overhead. profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof will be valid. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspond- ingly adjusted. Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indi- cated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sep- arately identified item. 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof, CON- TRACTOR may make a claim for an increase in the Con- tract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. ARTICLE I2— CHANGE OF CONTRACT TIME 12.1. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be deliv- ered within sixty days after such occurrence (unless ENGI- NEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accom- panied by the claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time 24 shall be determined by ENGINEER in accordance with para- graph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CON- TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include, but not be limited to, acts or neglect by OWNER or others performing additional work as contemplated by Article 7, or to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers,•architects, attorneys and other professionals and court and arbitration costs) for delay by either party. ARTICLE 13— WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranty and Guarantee: 13.1. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in .accor- dance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRAC- TOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13. Access to Work: 13.2. ENGINEER and ENGINEER's representatives, other representatives of OWNER, testing agencies and gov- ernmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation. inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections. tests or approvals. 13.4. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) to specifically be inspected. tested or approved. CONTRACTOR shall assume full responsibility therefor. pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN - ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work. or of materials or equipment submitted for approval prior to CON - TRACTOR's purchase thereof for incorporation in the Work. The cost of all inspections. tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified). 13.5. 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). 13.6. If any Work (including the work of others) that is to be inspected. tested or approved is covered without written concurrence of ENGINEER. it must. if requested by ENGI- NEER. be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR•s inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.7. Neither observations by ENGINEER nor inspec- tions. tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. Uncovering Work: 13.8. If any Work is covered contrary to the written request of ENGINEER, it must. if requested by ENGINEER. be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others. CONTRACTOR. at ENGINEER'S request. shall uncover. expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question. furnishing all necessary labor, material and equipment. If it is found that such Work is defective. CONTRACTOR shall bear all direct. indirect and consequential costs of such uncovering, expo- sure. observation. inspection and testing and of satisfactory reconstruction, (including but not 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, and, if the parties are unable to agree as to the amount thereof. may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure. observation, inspection, testing and reconstruction; and, if the parties are unable to agree as to the amount or extent 25 thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles 11 and 12. Owner May Stop the Work: 13.10. If the Work is 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. Correction or Removal of Defective Work: 13.11. If required by ENGINEER. CONTRACTOR shall promptly. as directed. either correct all defective Work. whether or not fabricated. installed or completed. or. if the Work has been rejected by ENGINEER. remove it from the site and replace it with nondefectire Work. CONTRACTOR shall bear all direct. indirect and consequential costs of such correction or removal (including but not limited to fees and ' charges of engineers, architects. attorneys and other profes- sionals) made necessary thereby. One Year Correction Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents. any Work is found to be defective, CONTRACTOR shall promptly. without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or. if it has been rejected by OWNER. remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions. or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work cor- rected or the rejected Work removed and replaced, and all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. Acceptance of DefectiFefrork: 13.13. If, instead of requiring correction or removal and replacement of defective Work. OWNER (and, prior to ENGINEER's recommendation of final payment, also ENGINEER) prefers to accept it. OWNER may do so. CON- TRACTOR shall bear all direct. indirect and consequential costs attributable to OWNER's evaluation of and determi- nation to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers, architects, attor- neys 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 revi- sions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct Defective Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CON- TRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' writ- ten notice to CONTRACTOR. correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work. and suspend CON - TRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances. construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's represen- tatives, agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER. and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 1 I. Such direct. indirect and consequen- tial costs will 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 of others destroyed or damaged by correction. removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per - formance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE l4— PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Application for Progress Payment: 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month), CON- TRACTOR shall submit to ENGINEER for review an Appli- cation for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has received the materials and equipment free and clear of all liens. charges, security interests and encumbrances (which are hereinafter in these General Conditions referred to as "Liens ") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER's interest therein, all of which will be sat - isfactory to OWNER. The amount of retainage with respect will be as stipulated in the Agreement. 26 to progress payments CONTRACTOR's Warranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work. materials and equipment covered by any Appli- cation for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will. within ten days after receipt of each Application for Payment. either indicate in writing a recommendation of payment and present the Application to OWNER. or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to rec- ommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Applica- tion. Ten days after presentation of the Application for Pay- ment with ENGINEER's recommendation. the amount rec- ommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5.' ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER. based on ENGI- NEER'S on -site observations of the Work in progress as an experienced and qualified design professional and on ENGI- NEER'S review of the Application for Payment and the accompanying data and schedules that the Work has pro- gressed to the point indicated: that. to the best of ENGI- NEER'S knowledge. information and belief. the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion. to the results of any subsequent tests called for in the Contract Documents. to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10. and to any other qualifi- cations stated in the recommendation): and that CONTRAC- TOR is entitled to payment of the amount recommended. However. by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaus- tive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of final payment will constitute an additional representation by ENGINEER to OWNER that the conditions precedent to CONTRAC- TOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to recommend any such pay- ment. 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: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work or complete Work in accordance with paragraph 13.14, or 14.7.4. of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account of CONTRACTOR's per- formance or furnishing of the Work or Liens have been filed in connection with the Work or there are other items entitling 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. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGI- NEER issue a certificate of Substantial Completion. Within a reasonable time thereafter. OWNER. CONTRACTOR and ENGINEER shall make an inspection of the Work to deter- mine the status of completion. If ENGINEER does not con- sider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or cor- rected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. 1f. after considering such objec- tions. ENGINEER concludes that the Work is not substan- tially complete. ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If. after consideration of OWNER's objections. ENGINEER considers the Work substantially complete. ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be com- pleted or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consider- ation of any objections from OWNER. At the time of delivery of the tentative certificate of Substar.tial Completion ENGI- NEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance. heat, utilities, insurance and warranties. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's afore- said recommendation will be binding on OWNER and CON- TRACTOR until final payment. 27 14.9. OWNER shall have the right to exclude CON- TRACTOR from the Work after the date of Substantial Com- pletion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER of any finished part of the Work. which has specifically been identified in the Contract Docu- ments, or which OWNER, ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useable part of the Work that can be used by OWNER without sig- nificant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the follow- ing: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees, CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspec- tion of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of para- graphs 14.8 and 14.9 will apply with respect to certification .of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. OWNER may at any time request CON- TRACTOR in writing to permit OWNER to take over operation of any such part of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time there- after OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writ- ing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER. ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER. and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insur- ance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CON- TRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writ- ing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work. OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. 28 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR 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 remedy such defi- ciencies. Final Application for Payment: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered all maintenance and operating instructions, schedules. guaran- tees, Bonds, certificates of inspection, marked-up record documents (as provided in paragraph 6.19) and other docu- ments —all as required by the Contract Documents, and after ENGINEER has indicated that the Work is acceptable (sub- ject to the provisions of paragraph 14.16), CONTRACTOR may make application for final payment following the pro- cedure for progress payments. The final Application for Pay- ment shall be . accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CON- TRACTOR that the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be respon- sible, have been paid or otherwise satisfied; and consent of the surety, if any, to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full, CON- TRACTOR may furnish a Bond or other collateral satisfac- tory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection. and ENGINEER's review of the final Application for Payment and accompanying documentation —all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled. ENGI- NEER will. within ten days after receipt of the final Appli- cation for Payment, indicate in writing ENGINEER's rec- ommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, ENGINEER will return the Application to CON- TRACTOR. indicating in writing the reasons for refusing to recommend final payment. in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application and accompanying documentation. in appropri- ate form and substance. and with ENGINEER's recommen- dation and notice of acceptability. the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If. through no fault of CONTRACTOR. final com- pletion of the Work is significantly delayed and if ENGI- NEER so confirms. OWNER shall. upon receipt of CON - TRACTOR's final Application for Payment and recommen- dation of ENGINEER. and without terminating the Agree- ment, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment, and if Bonds have been furnished as required in para- graph 5.1. the written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- erning final payment. except that it shall not constitute a waiver of claims. Contractor's Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER, nor the issuance of a cer- tificate of Substantial Completion. nor any payment by OWNER to CONTRACTOR under the Contract Documents. nor any use or occupancy of the Work or any part thereof by OWNER. nor any act of acceptance by OWNER nor any failure to do so. nor any review and approval of a Shop Drawing or sample submission. nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13. nor any correction of defective Work by OWNER will con- stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). Waiver of Claims: 14.16. The making and acceptance of final payment will constitute: 14.16.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens. from defective Work appearing after final inspec- tion pursuant to paragraph 14.11 or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein; however. it will not consti- tute a waiver by OWNER of any rights in respect of 29 CONTRACTOR's continuing obligations under the Con- tract Documents: and 14.16.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writ- ing and still unsettled. ARTICLE 15— SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may. at any time and without cause. sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time. or both. directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. Owner May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title 1 1 . United States Code), as now or hereafter in effect. or if CON- TRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or . hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors; 15.2.4. if a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5. if CONTRACTOR admits in writing an inabil- ity to pay its debts generally as they become due; 15.2.6. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time): Q 15.2.7. if CONTRACTOR disregards Laws or Regu- lations of any public body having jurisdiction; 15.2.8. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- ments; OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects. attor- neys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRAC- TOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy, elect to aban- don the Work and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include, but not be limited to, direct, indirect and con- sequential costs (including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs). Contractor May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted, or OWNER fails for thirty days to pay CONTRACTOR any sum finally deter- mined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Appli- cation for Payment or OWNER has failed to make any pay- ment as aforesaid. CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shalt not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. [The remainder of this page was left blank intentionally.) 30 ARTICLE 16— ARBITRATION 16.1. All claims. disputes and other matters in question between OWNER and CONTRACTOR arising out of. or relating to the Contract Documents or the breach thereof (except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.16) will be decided by arbitration in accordance with the Con- struction Industry Arbitration Rules of the American Arbi- tration Association then obtaining subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arhitrate entered into in accor- dance herewith as provided in this Article 16 will be specifi- cally enforceable under the prevailing law of any court having jurisdiction. 16.2. No demand for arbitration of any claim. dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlierof(a) the date on which ENGINEER has rendered a decision or (b) the tenth day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim. dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11: and the failure to demand arbitration within said thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated. such decision may be entered as evidence but will not supersede the arbitration proceedings. except where the decision is acceptable to the parties concerned. No demand for arbitra- tion of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered writ- ten notice of intention to appeal as provided in paragraph 9.10. 16.3.• Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association. and a copy will be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten -day period specified in paragraph 16.2 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 limi- tations. 16.4. No arbitration arising out of or relating to the Con- tract Documents shall include by consolidation. joinder or in any other manner any other person or entity (including ENGINEER. ENGINEER's agents. employees or consul- tants) who is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration. 16.4.2. 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 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRAC- TOR has been obtained for such inclusion. which consent shall make specific reference to this paragraph: but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent. 16.5. The award rendered by the arbitrators will be final. judgment may be entered upon it in any court having juris- diction thereof. and will not be subject to modification or appeal except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C. § §10,11). [The remainder of this page was left blank intentionally.] 31 ARTICLE 17— MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Docu- ments requires the giving of written notice. it will be deemed to have been validly given if delivered in person to the indi- vidual or to a member of the firm or to an officer of the corporation for whom it is intended. or if delivered at or sent by registered or certified mail. postage prepaid. to the last business address known to the giver of the notice. Computation of Time: 17.2.1. When any period of time is referred to in the Contract Documents by days. it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction. such day will be omitted from the computa- tion. 17.2.2. A calendar day of twenty -four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error. omis- sion or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable. claim will 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 paragraph 17.3 shall not be construed as a substitute for or a waiver of the 'pro- visions of any applicable statute of limitations or repose. 33 17.4. The duties and obligations imposed by these Gen- eral Conditions and the rights and remedies available here- under to the parties hereto, and. in particular but without limitation. the warranties. guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30. 13.1. 13.12. 13.14. 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to. and are not to be construed in any way as a limitation of. any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations. by special warranty or guarantee or by other provisions of the Contract Documents. and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obliga- tion. right and remedy to which they apply. All representa- tions, warranties and guarantees made in the Contract Doc- uments will survive final payment and termination or com- pletion of the Agreement. • • SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the General Conditions of the Construction - contract and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or so supplemented remain in full force. SC -1 Article 8 of the Standard Form of Agreement between Owner and Contractor is supplemented to add: "5 copies of Contract Documents will be furnished to Contractor" SC -2 Physical Conditions SC -2.1 In preparing the drawings and specifications, the Engineer has relied upon data furnished by the Owner as to location and descriptions of underground utilities tanks and piping and upon site observations and measurements for above ground features (Reference GC- 4.3.1) SC -2.2 Delete GC -4.4. SC -3 GC- 6.14.1 is supplemented to remind Contractor of the requirements of WAC- 173- 360 -385, -390, -395, -398 and Washington Department of Ecology Publication "Guidance for Site Checks and Site Assessments for Underground Storage Tanks." SC -4 GC -13.5 is amended to require acceptance of testing laboratories by Engineer in addition to Contractor. SC -5 GC -13.5 is amended to replace the word "other" with "including" TO• • • NOTICE TO PROCEED Dated , 19 _ (CONTRACTOR) ADDRESS: OWNER'S PROJECT NO PROJECT OWNER'S CONTRACT NO CONTRACT FOR (Insert name of Contract as it appears in the Bidding Documents) You are notified that the Contract Time under the above contract will commence to run on , 19___ By that date, you are to start performing your obli- gations under the Contract Documents. In accordance with Article 3 of the Agreement the dates of Substantial Completion and Final Completion are 19___ and , 19 , respectively. Before you may start any Work at the site, paragraph 2.7 of the General Conditions provides that you and Owner must each deliver to the other (with copies to ENGINEER) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents. Also before you may start any Work at the site, you must (add other requirements) Copy to ENGINEER (Use Certified Mail, Return Receipt Requested) (OWNER) By (AUTHORIZED SIGNATURE) (TITLE) EICDC 1910 -23 (1983 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by The Associated General Contractors of America. • Construction Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): OWNER (Name and Address): CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): BOND Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: (Corp. Sea Signature: Signature. Name and Title: Name and Title: CONTRACTOR AS PRINCIPAL Company: SURETY (Corp. Seal) Company: (Corp. Se; Signature: Signature. • Name and Title: Name and Title: ! 733-01 Exhibit 1 EJCDC No. 1910 -28A (1934 Edition) Page 1 of 1 Prepared through the joint efforts of The Surety Association of America. Engineers' Joint Contract Documents Committee. The Associated General Contractors of America. and the American Institute of Architects. 1 • • Construction Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): OWNER (Name and Address): CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): BOND Date (Not earlier than Construction Contract Date): Amount: Modifications to this Bond Form: CONTRAGTQKI S PRINCIPAL Company: SURETY (Corp. Seal) Company: (Corp. Seal) Signature: Signature. Name and Title: Name and Title: CONTRACTOR AS PRINCIPAL Company: SURETY (Corp. Seal) Company: (Corp. Seal; Signature: Signature: Name and Title: Name and Title: 733 -01 Exhibit 2 EJCDC No. 1910 -28B (1984 Edition) Page 1 of 2 Prepared through the joint efforts of the Surety Association of America. Engineers' Joint Contract Documents Committee. The Associated Central Contractors of America. American institute of Architects. American Subcontractors Association. and the Associated Specialty Contractors. • • FaoT t-ric S r;fA DJy � '7 199 i Stern joins Ross & Baruzzini • Melchor E. Berona Craig A. Toder Ross & Baruzzini, Inc. of St. Louis has acquired TML /Stern Engi- '.'neers. The 12- person Seattle firm will now be called TML /Stem En- gineers, a subsidiary of Ross & Baruzzini, Inc. The St. Louis firm has more than 40 employees at its national headquarters and a 10- person office in Belleville, Illinois. Melchor E. Berona will continue as president and Edwin J. Lan- . gebartel as vice president at TML /Stern. Ross & Baruzzini's exist- ing personnel in its Seattle branch office, established in 1990 to serve the Port of Seattle on several Sea -Tac Airport engineering projects, will join the TML /Stern staff and relocate to larger • facilities in the fall. Craig A. Toder is executive vice president of Ross & Baruzzini. "•t 1. The Contractor and the Surety, jointly and severally. bind themselves. their heirs, executors, administrators. successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor. 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants. and 2.2. Defends, indemnifies and holds harmless the Owner from all claims. demands. liens or suits by any person or entity who furnished labor. materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Para- graph 12) of any claims, demands. liens or suits and tendered defense of such claims, demands. liens or suits to the Contractor and the Surety. and provided there is no Owner Default. 3. With respect to Claimants. this obligation shall be null and void if the Contractor promptly makes payment. directly or indirectly. for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy. the amount of the claim. 4.2. Claimants who do not have a direct contract with the Contractor: 1. Have furnished written notice to the Contractor and sent a copy, or notice thereof. to the Owner. within 90 days after having last performed labor or last furnished materials or equip- ment included in the claim stating, with substantial accuracy. the amount of the claim and the name of the party to w horn the materials were furnished or supplied or for whom the labor was done or performed: and 2. Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and 3. Not having been paid within the above 30 days. have sent a written notice to the Surety (at the address described in Para- graph 12) and sent a copy, or notice thereof, to the Owner. stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Con- tractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond. and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims. if any. under any Construction Performance Born By the Contractor furnishing and the Owner accepting this Bond, the agree that all funds earned by the Contractor in the performance of tl Construction Contract are dedicated to satisfy obligations of the Co; tractor and the Surety under this Bond, subject to the Owner's priori' to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner. Claimants or others f( obligations of the Contractor that are unrelated to the Construction Cot tract. The Owner shall not be liable for payment of any costs or expense of any Claimant under this Bond, and shall have under this Bond n obligations to make payments to. give notices on behalf of. or otherwis have obligations to Claimants under this B•Qnd. 10. The Surety hereby waives notice of any change, including changes time, to the Construction Contract or to related subcontracts. purchas orders and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bon other than in a court of competent jurisdiction in the location in which tf work or part of the work is located or after the expiration of one yet from the date (1) on which the Claimant gave the notice required t Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor service was performed by anyone or the last materials or equipment wei furnished by anyone under the Construction Contract. whichever of ( or (2) first occurs. if the provisions of this Paragraph are void or prohibit( by law. the minimum period of limitation available to sureties as a defer in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety. the Owner or the Contractor shall be mailed delivered to the address shown on the signature page. Actual receipt notice by Surety. the Owner or the Contractor, however accomplishe shall be sufficient compliance as of the date received at the address shoe on the signature page. 13. When this Bond has been furnished to comply with a statutory other legal requirement in the location where the construction was to performed. any provision in this Bond conflicting with said statutory legal requirement shall be deemed deleted herefrom and provisions cc forming to such statutory or other legal requirement shall be deem incorporated herein. The intent is. that this Bond shall be construed ai statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to he a potent beneficiary of this Bond, the Contractor shall promptly furnish a copy this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: .An individual or entity having a direct contract w the Contractor or with a subcontractor of the Contractor furnish labor, materials or equipment for use in the performer of the Contract. The intent of this Bond shall be to include with( limitation in the terms "labor. materials orequipmerit" that p of water. gas, power, light. heat. oil, gasoline. telephone sery or rental equipment used in the Construction Contract. archit tural and engineering services required for performance of 1 work of the Contractor and the Contractor's subcontractors, z all other items for which a mechanic's lien may be asserted the jurisdiction where the labor, materials or equipment w furnished. 15.2. Construction Contract: The agreement between the Owner : the Contractor identified on the signature page, including Contract Documents and changes thereto. 15.3. Owner Default: Failure of the Owner. which has neither bi remedied nor waived, to pay the Contractor as required by Construction Contract or to perform and complete or com with the other terms thereof. 733 -01 Exhibit 2 Page 2 of 2 (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): • • DRAWING LIST Sheet M -1 Site Plan, Legend & Details M -2 Partial Plan & Details • • SECTION 01010 SUMMARY OF WORK Following is a general description of the work and does not describe all the work in detail. 1.01 WORK COVERED BY CONTRACT DOCUMENTS A. The work consists of removing underground storage tanks, valves, piping, and related above ground piping. B. Repaving the work area. 1.02 OWNER'S USE OF PREMISES The adjacent buildings will be in operation by the Owner. Consequently, any disturbance of normal services to those buildings must be coordinated with the Owner's Contract Administrator. 1.03 SPECIAL PRECAUTION A. The existing fire main must be supported without disrupting existing fire sprinkler service. B. Due to the nature of the materials stored and used on the premises, no smoking will be allowed inside building or within 25 feet of the construction area. 1.04 SEQUENCE AND SCHEDULE OF WORK Contractor will be required to submit a construction schedule. 1.05 SITE ASSESSMENT Site assessment will be under the direction of Daniel F. Healy, P.E. END OF SECTION 733 -01 01010 -1 • • SECTION 01060 REGULATORY REQUIREMENTS PART 1 - GENERAL 1.01 WORK INCLUDED A. Obtain and pay for permits, licenses, etc., required for work. 1.02 CODES, REGULATIONS AND STANDARDS A. Chapter 173 -360 WAC. B. Guidance for Site Checks and Site Assessments for Underground Storage Tanks - Washington Department of Ecology. C. Recommended Practice for Abandonment or Removal of Used Underground Service Station Tanks - American Petroleum Institute. D. Uniform Fire Code (UFC), as amended by City of Tukwila. E. OSHA 29 CFR 1910.120 F. Chapter 296 -62 WAC G. City of Tukwila Fire Department Regulations END OF SECTION 733 -01 01060 -1 • • SECTION 01100 SPECIAL PROJECT PROCEDURES PART 1 - GENERAL 1.01 SUMMARY A. Work Included 1. Work Restrictions 2. Site Entry Procedures 3. ' Drain and Flush Piping 4. Emptying Tanks 5. Purging Tanks 6. Soil Sampling B. Related Work in Other Sections 1. Section 01060 Regulatory Requirements 2. Section 01310 Construction Schedule 3. Section 01340 Submittals 4. Section 01700 Contract Closeout 5. Section 01720 Project Record Documents PART 2 - REGISTRATIONS REQUIRED A. Contractor must be a Washington Licensed UST Service Provider. B. In addition to trained tank removal workers, a Washington State Licensed Supervisor and a Washington State Registered Site Assessment Person must be on site at all times any work is being performed. 733 -01 01100 -1 • • PART 3 - EXECUTION 3.01 WORK RESTRICTIONS A. No eating, drinking or smoking within 25 feet of excavation area. B. No contact lenses on site. C. No facial hair that would interfere with respirator fit. D. Buddy system at all times in excavation area, i.e., visual and voice contact with one other person. E. Do not enter excavations greater than 4 feet deep that are not adequately side sloped or shored. F. If tank entry is required: 1. Self- contained breathing apparatus must be worn. 2. A life line must be worn. 3. A monitor must be stationed at the tank entryway (buddy system). 3.02 SITE ENTRY PROCEDURE A. Site entry procedures are required daily. B. Each person entering work area must sign in. C. Job site supervisor will: 1. Assess present site conditions and determine extent of personnel protection that is required. 2. See that emergency phone numbers are posted by nearest telephone. 3. Assemble work group and discuss: a. Work area delineation b. Present conditions c. Levels of protection d. Responsibilities 733 -01 01100 -2 e. Access points f. Emergency exit points g. Nearest telephone h. Designated emergency vehicle 3.03 Drain all product piping back to tank and purge with carbon dioxide blown towards the tank. 3.04 EMPTY TANK A. Pump all liquid from tank. B. Remove paving from tank and excavate to top of tank. C. Allow Tank "B" to cool. Cold water may be flushed through the heating coil. 3.05 REMOVE PIPING A. Excavate to expose product pipe, vent pipe and all other pipes that are connected to the tank. B. Disconnect pipes from tank and remove back to building. C. Close pipes as directed on Drawing Sheet M -1. D. Remove fill tube from tank. E. Plug tank openings with temporary plugs. 3.06 PURGING TANK A. Complete excavation around tank. B. Remove tank and place it in a secure location, blocked to prevent movement. C. Remove temporary pipe plugs. D. Pour crushed dry ice into tank and distribute it as evenly as possible. Use not less than 2.00 lbs. dry ice per 100 gallons of tank capacity. E. Clean Tank with Steam 1. Salvage all material from Tank "B" and return to Owner for 733 -01 01100 -3 • • reclamation. 2. Sludge removed from other tanks must be put in metal containers. This sludge may be incinerated. 3.07 DISPOSAL OF TANK A. Cut opening in tank shell at least 24" x 24 ". B. Truck tank to scrapyard. 3.08 SOIL SAMPLING A. In accordance with Section 5 and 6 of "Guidance for Site Checks and Site Assessments for Underground Storage Tanks" collect and identify soil and groundwater samples. B. Submit samples to approved analytical laboratory to determine whether or not contamination exists; and if so to what extent. C. Submit laboratory report to Engineer within 4 hours of receipt. END OF SECTION 733 -01 01100 -4 SECTION 01200 PROJECT MEETINGS 1.01 DESCRIPTION A. WORK INCLUDED (PRIME CONTRACTOR) 1. Administration and scheduling 2. Preparation of agenda 3. Presiding at meeting 4. Recording minutes of meetings; include significant subjects and decisions 5. Distribution of meeting notices, agenda, and minutes 6. Facilities for meetings B. RELATED WORK IN OTHER SECTIONS 01010 Summary of Work 01030 Special Project Procedures 01045 Cutting & Patching 01310 Construction Schedules 01340 Shop Drawings, Product Data and Samples 01500 Temporary Facilities and Controls 01545 Protection of Work and Property C. NOTIFICATIONS 1. Contractor to distribute written notice and agendas of regular and called Meetings four days in advance of meeting date. 2. Contractor to distribute copies of minutes to participants, within four days after meetings. 3. Furnish three copies of minutes to Contract Administrator. D. Contract Administrator will attend meetings to ascertain that work is expedited consistent with construction schedule and with Contract Documents. 733 -01 01200 -1 • • 1.02 PRE - CONSTRUCTION MEETING A. Schedule within seven days after date of Notice to Proceed. B. Attendance 1. Owner 2. Professional. Engineer 3. Major Subcontractors 4. Prime Contractor 5. Contractor Administrator C. MINIMUM AGENDA 1. Distribute and discuss: a. List of major subcontractors b. Tentative Construction Schedule 2. Critical work sequencing 3. Designation of responsible personnel 4. Processing of field decisions Modification Proposals and Change Orders 5. Adequacy of distribution of Contract Documents 6. Submittal of shop drawings, project data and samples 7. Procedures for maintaining Record Documents 8. Use of premises: a. Office and storage areas b. Owner's requirements 9. Major equipment deliveries and priorities 10. Safety and first -aid procedures 733 -01 01200 -2 • • 11. Security procedures 12. Housekeeping procedures 1.03 PROGRESS MEETINGS A. Schedule regular meetings at 1:00 p.m. each Wednesday. B. Hold called meetings as progress of work dictates. C. Location of meetings at job site, or as indicated in notice. D. Attendance 1. Contract Administrator 2. Professional Engineer as required 3. Prime Contractor 4. Subcontractors as pertinent to agenda E. Minimum Agenda 1. Review, approve minutes of previous meeting. 2. Review work progress since last meeting. 3. Note field observations, problems, and decisions. 4. Identify problems which impede planned progress. 5. Review off -site fabrication problems. 6. Develop corrective measures and procedures to regain planned schedule. 7. Revise Construction Schedule as indicated. 8. Plan progress during next work period. 9. Review submittal schedules, expedite as required to maintain schedule. 10. Maintain quality and work standards. 733 -01 01200 -3 • • 11. Review changes proposed by Owner for: a. Effect on Construction Schedule b. Effect on completion date 12. Complete other current business. END OF SECTION 733 -01 01200 -4 • • SECTION 01310 CONSTRUCTION SCHEDULE 1.01 DESCRIPTION A. WORK INCLUDED 1. Using an experienced scheduler, provide projected construction schedules for entire work. 2. Experienced scheduler to compile, monitor, and update schedule every two weeks, or as required. B. RELATED WORK IN OTHER SECTIONS 01010 Summary of Work 01370 Schedule of Values 01500 Temporary Facilities and Controls 1.02 FORM AND CONTENT A. The complete schedule will be compiled using recognized critical path method techniques and methods, and shall be shown graphically as follows: 1. Activity schedule diagram, depicted by activity noted on an arrow time scale and showing starting dates for each activity and the time relation between activity. 2. A procurement schedule of material, equipment, shop drawing, and approval submitted with delivery schedule on an arrow time schedule 3. Project critical path clearly on network. 4. A monitoring system for identifying critical issue changes in times, caused by fluctuations, changes and /or implications of changes during the construction process. B. The Preliminary Schedule, Complete Schedule, and Schedule Updates will be reviewed and approved by the Owner. The Contractor shall utilize the approved detailed Construction Schedule in planning, scheduling, coordinating, performing, and controlling the work under this Contract, including all activities of subcontractors. The Owner will use the Schedule to monitor the project, allocate funds per the cash -flow information provided, 733 -01 01310 -1 • • determine the impact of any changes to the Contract, and establish basis for progress payment requests and disbursements. C. PRELIMINARY /COMPLETE SCHEDULE The Contractor and the Scheduler shall develop a preliminary and complete schedule for the project. The preliminary schedule shall be developed, including value data for activities, prior to the first payment request. The preliminary schedule activities shall be included in the complete schedule. All revisions to the preliminary plan, and a submitted final, and approved complete schedule, shall be submitted to the Owner prior to the second payment request. No payment will be processed without the complete schedule. The signed, approved complete schedule by owner and Contractor will constitute the official schedule and will not be changed unless by mutual consent of both Owner and Contractor. The complete schedule will become an integral part of the construction contract. 1.03 MONITORING Should the project fall more than two weeks behind the complete schedule the Contractor shall explain cause and will take the necessary steps to alter the construction schedule to comply with the contract completion date. 1.04 UPDATING A. Show all changes occurring since previous submittal of updated schedule. B. Indicate progress of each activity, show adjusted completion dates. C. Include: 1. Major changes in scope 2. Activities modified since previous updating 3. Revised projections due to changes a. Effect on schedule due to change of scope b. Revisions in duration of activities c. Other changes that may affect schedule 1.05 SUBMITTALS A. Submit initial schedules within 30 days after date of notice to ,proceed. 1. Contract Administrator will review schedules and return review copy within ten days after receipt. 733 -01 01310 -2 • • 2. If required, resubmit within 10 days after return of review copy. B. Submit periodically updated schedules accurately depicting progress to first day of each month. C. - Submit the number of copies required by Contractor, plus two copies to be retained by Owner and one copy to Engineer. 1.06 DISTRIBUTION A. Distribute copies of approved schedules to: 1. Job -site file 2. Subcontractors 3. Owner 4. Engineer B. Instruct recipients to report any inability to comply, and provide detailed explanation, with suggested remedies. END OF SECTION 733 -01 01310 -3 • • SECTION 01340 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 1.01 DESCRIPTION A. WORK INCLUDED 1. Submit schedules, product and other data required by specification sections. 2. Prepare and submit, in addition to integrated Construction Schedule, a separate schedule listing dates for submittals and dates reviewed shop drawings, product data and samples needed for each product. 3. Include Project Engineer's drawing numbers, schedule numbers or other identification for coordinating submittals with project drawings and specifications. B. RELATED WORK IN OTHER SECTIONS 01310 Construction Schedule 91629 Project Record Documents 1.02 PRODUCT DATA A. Manufacturer's catalog sheets. 1. - Clearly mark each copy to identify pertinent materials, products or models. 1.03 CONTRACTOR'S RESPONSIBILITIES A. Review shop drawings, product data, and samples prior to submittal. B. Verify catalog numbers and similar data. C. Coordinate each submittal with requirements of work and of contract documents. . Contractor's responsibility for errors and omissions in submittals is not relieved by Project Engineer's review of submittals. E. Contractor's responsibility for deviations in submittals from requirements of 733 -01 01340 -1 • • contract documents is not relieved by project engineer's review of submittals, unless Project Engineer gives written acceptance of specific deviations. F. Notify Project Engineer, in writing at time of submission, of deviations in submittals from requirements of contract documents. G. Begin no work which requires submittals until submittals have been returned with Project Engineer concurrence, stamp and initials or signature indicating review. H. After review, distribute copies. 1.04 SUBMITTAL REQUIREMENTS A. In addition to submittal data required in other specification sections, submit the following (Ref. Guidance for Site Checks and Site Assessments for USTs.) 1. Health and Safety Plan B. Schedule submittals at least five days before dates reviewed submittals will be needed. C. Submit number of copies of product data which Contractor requires for distribution plus three copies, two of which will be retained by Owner and one retained by Engineer. D. Accompany submittals with transmittal letter, in duplicate, containing: 1. Date 2. Project title and number 3. Contractor's name and address 4. The number of each shop drawing and product data item submitted 5. Notification of deviations from contract documents 6. Other pertinent data E. Submittals shall include: 1. Date and revision dates 733 -01 01340 -2 2. Project title and number 3. The names of: a. Project Engineer b. Contractor c. Subcontractor d. Supplier e. Manufacturer f. Identification, as scheduled 1.05 •DISTRIBUTION OF SUBMITTALS AFTER REVIEW A. Distribute copies of shop drawings and product data which carry Project Engineer's stamp to: 1. Contractor's file 2. Job -site file 3. Record documents file 4. Subcontractors 5. Supplier 6. Contractor Administrator END OF SECTION 733 -01 01340 -3 • • SECTION 01370 SCHEDULE OF VALUES 1.01 DESCRIPTION A. WORK INCLUDED 1. Prepare and submit to Contract Administrator, schedule of values within ten days after receipt of notice to proceed. 2. Upon request by Contract Administrator, support values given with data that will substantiate their correctness. 3. Submit quantities of designated materials scheduled to be store don site. 4. List quantities of materials specified under unit price allowances. 5. Use schedule of values only as basis for Contractor's request for payment. B. RELATED WORK IN OTHER SECTIONS 01200 Project Meetings 01310 Construction Schedules 1.02 FORM OF SUBMITTAL On contract price breakdown form furnished by Project Engineer. 1.03 PREPARING SCHEDULE OF VALUES A. Itemize separate line item cost for each of the following general cost items: 1. Performance and payment bonds 2. Field supervision and layout 3. Temporary facilities and controls 4. Cutting and patching 5. Backfilling 733 -01 01370 -1 • • B. Itemize separate line item cost for work required by each section of this specification. C. Break down installed costs into: 1. Delivered cost of product, with taxes paid 2. Total installed cost, with overhead and profit D. Round off figures to nearest $1.00. E. Make sum of total costs of all items listed in Schedule of Values equal to total contract sum. 1.04 REVIEW AND RESUBMITTAL A. After review by Contract Administrator, revise and resubmit Schedule of Values, if required to comply with review. B. Resubmit revised schedule in same manner. END OF SECTION 733 -01 01370 -2 SECTION 01500 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Specified Elsewhere - Refer to General Conditions, Supplementary Conditions, and Section 01060 Regulatory Requirements. B. Subcontracts - All subcontracts shall comply with the provisions of this section. C. Maintenance and Removal - Except as otherwise indicated or directed, temporary construction and facilities shall be maintained in specified conditions and shall be wholly removed at the completion of the work, leaving permanent improvements and the site in its original or specified improved condition. 1.02 TEMPORARY UTILITIES A. Water 1. Water for construction purposes will be furnished by the Owner from existing system as directed. All costs of temporary piping, including pressure reducing station, removal of piping, and restoration of Owner's utilities at the completion of work shall be paid by the Contractor. 2. Drinking Water: Provide from a proven safe source for all those connected with the work. Pipe or transport water in such manner as to keep it clean and fresh. Serve in single service containers or sanitary drinking fountains. B. Electrical Power and Lighting - Energy used paid for by Owner. Where approved by Owner, Contractor may use existing load centers and branch circuits in areas scheduled for work in this contract with the understanding that any damage to existing electrical system or connected Owner equipment caused by Contractor's or Subcontractor's neglect in overloading circuits, causing power outages, etc., will be repaired at Contractor's expense. Extraordinary hook -ups will be Contractor's responsibility. Safety regulations requiring grounding of portable appliances shall be observed at all equipment connections. 733 -01 01500 -1 • • • C. Telephone - Provide non -coin box telephone connected to nearest city exchange. Install when work is started; maintain until full completion; pay all charges. Allow all those connected with the work to use it, provided they pay for toll calls. D. Toilets - Contractor may use existing toilet rooms or provide temporary sanitary facilities. 1.03 SHE LIMITS, ACCESS, SECURITY AND SAFETY A. Project Limits - As defined by the project boundary line on the drawings. Confine operations and storage to the area within the project boundary line, except as indicated. B. Parking - Park only in areas approved with permits issued by Owner. C. Signs - No signs or advertising matter shall be displayed on or near the site for the work, except as approved by the Owner. D. Circulation Interruptions - Obtain approval before any pedestrian walkways are to be blocked or disrupted. Provide all safety measures, such as lights and barricades. E. Roads and Working Surfaces - Maintain all existing surfacing of streets, staging and work area, promptly correct any damage caused by the operations. F. Work During Other than Normal Working Hours - When work is to be accomplished, the Owner must be notified so that the Owner's Security Division may be properly coordinated. G. Construction Fence - At Contractor's option, provide an approved plywood or chain link fence on the project boundary line. This fence and barricade shall be installed as noted. Construct additional fences and barricades to enclose the work areas as required to prevent passage of unauthorized personnel and to protect pedestrian traffic. Provide gates with locks and supply Owner with necessary keys. H. Temporary Barricades and Protections - Provide and continuously maintain temporary guard railings, barricades, fences, security enclosures, canopies, ramps and walkways, in and around construction operations, as required to protect the public, personnel, and to prevent damage to in -place work. Railings, barricades and protections shall be in compliance with all applicable codes and regulations and shall be constructed in a net, safe, firm, and substantial manner. 733 -01 01500 -2 • I. Noise 'Control 1. Intent: Purpose of this specification is to keep level of construction noise inside rooms of surrounding buildings from exceeding an NC 55 curve. Criterion may be met by: a. Erecting barriers between construction equipment and occupied spaces. b. Supplying necessary attenuation within the rooms themselves. c. Meeting equipment noise specifications as follows: (1) Equipment operating outside the enclosed building shall be limited to 92 db (A) at full power when measured with a standard hand -held sound level meter 50 feet in any direction from the equipment in operating position. (2) Air compressors: Equip with silencing packages; or provide electric- driven equipment. If noise levels on any gear or equipment cannot be brought down to criteria, either that gear or equipment will not be allowed on the work or "use times" will be scheduled. (3) 2. Employees: All operations shall be conducted in such a way that employees of the Contractor, inspectors, and the public are not subjected to noise levels in excess of those prescribed in the Wash - Healy Act on occupational noise exposure. 1.04 CONTINUITY OF BUILDING AND UTILITY SERVICES AND SHUTDOWNS A. General - Continuity of utilities services in the building shall be maintained at all times as required to provide heat, water, lighting, and power to all portions of the building. Utility systems shutdowns required for extensions, alterations or connections of new services shall be accomplished in accordance with the following requirements. B. Shutdowns - Utilities shutdowns shall be scheduled for weekends, holidays, or at night. The actual time and date will be coordinated with an approved by the Owner. Materials and equipment required for the work to be accomplished during the shutdown shall be completed and available on the job for review by the 733 -01 01500 -3 • • Owner three (3) days prior to shutdown. If the Contractor is not adequately prepared, the shutdown will be canceled and rescheduled. C. Costs - The Contractor shall include in his bid proposal all costs associated with utilities shutdowns. No extra payment will be made for overtime work, schedule changes, or ^ failure to complete utilities connections within authorized shutdown periods. 1.05 OTHER TEMPORARY FACILITIES A. Field Office - Contractor shall provide a substantial, weather -tight building or trailer on the site. Office shall have shelving, plan table, plan racks, stools, and chairs. Adequate heat and lighting shall be provided. Locate field office only where directed by Owner. Remove all temporary enclosures and office buildings from site upon completion of contract. B. Material Storage - Provide storage facilities for all materials and equipment subject to moisture or weather damage. Storage facilities shall consist of weather -tight sheds with sound floors raised at least six inches above the ground on joists or sleepers and maintained in a neat, dry condition in an approved location. END OF SECTION 733 -01 01500 -4 • • SECTION 01700 CONTRACT CLOSEOUT 1.01 DESCRIPTION A. WORK INCLUDED - Comply with requirements stated in Conditions of the Contract and in specifications of administrative procedures in closing out the work. B. RELATED WORK IN OTHER SECTIONS 1. Conditions of the Contract. Fiscal provisions, legal submittals and additional administrative requirements. a. 01720 Project Record Documents 1.02 SUBSTANTIAL COMPLETION A. When Contractor considers the work is substantially complete, he shall submit to Architect /Engineer: 1. A written notice that the work, or designated portion thereof, is substantially complete. 2. A list of items to be completed or corrected. B, Within a reasonable time after receipt of such notice, Architect /Engineer will make an inspection to determine the status of completion. 1.03 FINAL INSPECTION A. When Contractor considers the work is complete, he shall submit written certification that: 1. Contract Documents have been reviewed. 2. Work has been inspected for compliance with Contract Documents. 3. Work has been completed in accordance with Contract Documents. 4. Work is complete and ready for final inspection. B. Architect /Engineer will make an inspection to verify the status of completion with reasonable promptness after receipt of such certification. 733 -01 01700 -1 • • C. Should Architect /Engineer consider that the work is incomplete or defective: 1. Architect /Engineer will promptly notify the Contractor in writing, listing the incomplete or defective work. 2. Contractor shall take immediate steps to remedy the stated deficiencies, and send a second written certification to Architect /Engineer that the work is complete. D. When the Architect /Engineer finds that the work is acceptable under the Contract Documents, he shall request the Contractor to make closeout submittals. 1.04 CONTRACTOR'S CLOSEOUT SUBMITTALS TO ARCHITECT /ENGINEER A. Evidence of compliance with requirements governing authorities. B. Project Record Documents: to requirements of Section 01720. C. Evidence of Payment and Release of Liens: to requirements of General and Supplementary Conditions. 1.05 FINAL ADJUSTMENT OF ACCOUNTS A. Submit a final statement of accounting to Architect /Engineer. B. Statement shall reflect all adjustments to the Contract Sum: 1. The original Contract Sum. 2. Additions and deductions resulting from: a. Previous Change Orders. b. Deductions for uncorrected work. c. Penalties. d. Deductions for liquidated damages. e. Other adjustments. 3. Total Contract Sum, as adjusted. 4. Previous payments. 733 -01 01700 -2 • • 5. Sum remaining due. C. Architect /Engineer will prepare a final Change Order, reflecting approved adjustments to the Contract Sum which were not previously made by Change Orders. 1.06 FINAL APPLICATION FOR PAYMENT A. Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. END OF SECTION 733 -01 01700 -3 SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Maintain at the site for the Owner in addition to requirements of general conditions, one record copy of: 1. Contract Drawings 2. Project Specifications 3. Addenda 4. Change Orders and other Modifications to the Contract 5. Architect /Engineer Field Orders or written instructions. 6. Approved Shop Drawings, Project Data and Samples. 7. Field test records. 1.02 RELATED REQUIREMENTS A. 01340, Submittals 1.03 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Store documents and samples in Contractor's field office apart from documents used for construction. 1. Provide files and racks for storage of documents. 2. Provide locked cabinet or secure storage space for storage of samples. B. File documents and samples in accordance with CSI format, (this specification). C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record documents for construction purposes. D. Make documents and samples available at all times for inspection by Architect /Engineer. 733 -01 01720 -1 • • 1.04 RECORDING A. Label each document "PROJECT RECORD" in neat large printed letters. B. Record information concurrently with construction progress. 1. Do not conceal any work until required information is recorded. C. Drawings; legibly mark to record actual construction: 1. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Field changes of dimension and detail. 3. Changes made by Field Order or by Change Order. 4. Details not on original contract drawings. D. Project Manual, (Specifications) and Addenda; Legibly mark each section to record: 1. Manufacturer, trade name, catalog number, and supplier of each product and item of equipment actually installed. 2. Changes made by Field Order or by Change Order. E. Underground Storage Tank Site Check /Site Assessment Check List (Washington Department of Ecology Form ECY 010 -158) and Report. F. Underground Storage Tank Permanent Closure /Change In Service Checklist (Form ECY 010 -162) G. Certification from scrap dealer that tanks have been destroyed. H. Copies of Permits. I. Copies of Laboratory Analyses and Reports. J. Copies of Inspection Reports. 1.05 SUBMITTAL A. At contract close -out, deliver Record Documents to Architect /Engineer for the Owner. 733 -01 01720 -2 • • B. Accompany submittal with transmittal letter in duplicate, containing: 1. Date 2. Project title and number 3. Contractor's name and address. 4. Title and number of each Record Document. 5. Signature of Contractor or his authorized representative. END OF SECTION 733 -01 01720 -3 SECTION 02222 EXCAVATION PART 1 - GENERAL 1.01 WORK INCLUDED A. Pavement Removal. 1.02 RELATED WORK A. Section 02223 - Backfilling and Compacting. 1.03 PROTECTION A. Protect excavations by shoring, bracing, sheet piling, underpinning, or other methods required to prevent cave -in or loose soil from falling into excavation. B. Underpin adjacent structures which may be damaged by excavation work, including service utilities and pipe chases. C. Notify Engineer of unexpected subsurface conditions and discontinue affected work in area until notified to resume work. PART 2 - PRODUCTS 2.01 MATERIALS A. Subsoil - Excavated material, graded free of lumps larger than (6) inches, rocks larger than (3) inches. B. Pea Gravel - Mineral aggregate graded IA inch to 5/8 inch; free of soil, subsoil, clay, shale, or foreign matter. PART 3 - EXECUTION 3.01 EXCAVATION A. Excavate subsoil required for building foundations, construction operations, and other work. B. Slope banks to angle of repose or less until shored. 733 -01 02222 -1 1 • C. Excavation shall not interfere with normal 45 degree bearing splay of any foundation. D. Stockpile excavated material in area designated on site and remove excess subsoil not being re -used from site. END OF SECTION 733 -01 02222 -2 • • SECTION 02225 BACKFILLING AND COMPACTING PART 1 - GENERAL 1.01 APPLICABLE PUBLICATIONS A. Site backfilling. B. Compaction requirements. 1.02 RELATED WORK A. Section 02222 - Excavation. 1.03 REFERENCES A. ANSI /ASTM C136 - Sieve Analysis of Fine and Coarse Aggregates. B. ANSI /ASTM D698 - Moisture - Density Relations of Soil and Soil - Aggregate Mixture Using 5.5 lb. (2.49 kg) Rammer and 12 inch (305 mm) Drop. C. ANSI /ASTM D1556 - Density of Soil in Place by the Sand -Cone Method. D. ANSI /ASTM D1557 - Moisture - Density Relations of Soils and Soil- Aggregate Mixture Using 10 lb. (4.54 kg) Rammer and 18 inch (457 mm) Drop. 1.04 TESTS A. Tests and analysis of fill materials will be performed in accordance with ANSI /ASTM D1557. 1.05 SAMPLES A. Submit 10 lb. sample of each type of fill to testing laboratory in air -tight containers. PART 2 - PRODUCTS 2.01 FILL MATERIALS A. Subsoil - Re -used free of gravel larger then 3 -inch size, and debris. 733 -01 02225 -1 • • B. Imported; clean, free of gravel larger than 3 -inch size, debris, clay, clay mixtures, organic material and trash. C. Rubble; broken concrete or cement, clean and free of oil, grease and organic material. PART 3 - EXECUTION 3.01 INSPECTION A. Verify stockpiled fill to be re -used is approved. B. Verify foundation walls are braced to support surcharge forces imposed by backfilling operations. C. Verify areas to be backfilled are free of debris, snow, ice, or water, and ground surfaces are not frozen. 3.02 PREPARATION A. When necessary, compact subgrade surfaces to density requirements for backfill material. B. Cut out soft areas of subgrade not readily capable of in -situ compaction. Backfill with subsoil and compact to density equal to requirements for subsequent backfill material. 3.03 BACKFILLING A. Thoroughly mix subsoil, imported backfill and rubble. B. Backfill areas to contours and elevations. Use unfrozen materials. C. Backfill systematically, as early as possible, to allow maximum time for natural settlement. Do not backfill over porous, wet, or spongy subgrade surfaces. D. Place and compact mixed fill materials in continuous layers to within 18" of surface. E. Place and compact imported fill material in continuous layers not exceeding (6) inches on top of mixed fill material. F. Maintain optimum moisture content of backfill materials to attain required compaction density. 733 -01 02225 -2 • • G. Backfill against supported foundation walls. H. Remove surplus backfill materials from site. I. Leave stockpile areas completely free of excess fill materials. 3.04 TOLERANCES A. Top Surface of Backfilling - Plus or minus (1) one inch. 3.05 FIELD QUALITY CONTROL A. Compaction testing will be performed in accordance with ANSI /ASTM D1556 and under provisions of Section 01400 and 01410. B. If tests indicate work does not meet specified requirements, remove work, replace and retest at not cost to Owner. END OF SECTION 733 -01 02225 -3 SECTION 02513 ASPHALTIC CONCRETE PAVING PART 1 - GENERAL 1.01 WORK INCLUDED A. Asphaltic concrete paving. B. Surface sealer. 1.02 RELATED WORK A. Section 02222, Excavation B. Section 02225, Backfilling and Compacting. 1.03 REFERENCES A. The Asphalt Institute - Manual MS-4 - The Asphalt Handbook. B. The Asphalt Institute - Manual MS -13 - Asphalt Surface Treatments and Asphalt Penetration Macadam. C. ASTM D946 - Asphalt Cement for Use in Pavement Construction. 1.04 SYSTEM PERFORMANCE A. Paving - Design for parking and light duty commercial for movement of trucks up to 30,000 lbs. 1.05 QUALITY ASSURANCE A. Perform work in accordance with The Asphalt Institute, Document and State of Washington Highway Standards. B. Mixing Plant - Conform to State of Washington Standards. C. Obtain materials from same source throughout. 1.06 REGULATORY REQUIREMENTS A. Conform to applicable standards for paving work on private property. 733 -01 02513 -1 1.07 TESTS A. Submit proposed mix design of each class of mix for review prior to commencement of work. B. Testing organization will take samples and perform tests in accordance with AASHTO T -164 and AASHTO M79 -64. 1.08 SUBMITTALS A. Submit product data. B. Submit manufacturers' instructions. 1.09 ENVIRONMENTAL REQUIREMENTS A. Do not place asphalt when base surface temperature is less than 40 °F (4 °C.) PART 2 - PRODUCTS 2.01 MATERIALS A. Primer - Homogeneous medium curing liquid asphalt. MC30. B. Tack Coat - AASHTO M -140. C. Asphalt Cement - ASTM D946. D. Fine Aggregate for Binder Mix - AASHTO M -79. E. Fine Aggregate - Sand. AASHTO M -29. F. Mineral Filler - Finely ground particles of limestone, hydrated lime, or other approved mineral dust, free of foreign matter. G. Seal Coat - Asphalt Institute Manual MS -4, fog type. 2.02 ASPHALT PAVING MIX A. Use dry materials to avoid foaming. Mix uniformly. B. Binder Course - 4.5 percent to 6 percent of asphalt. C. Topping Course - 5 to 7 percent of asphalt cement by weight in mixture. 733 -01 02513 -2 • • PART 3 - EXECUTION 3.01 INSPECTION A. Verify compacted subgrade; granular base is dry and ready to support paving and imposed loads. B. Verify gradients and elevations of base are correct. C. Beginning of installation means acceptance of substrate. 3.02 PREPARATION A. Apply primer over substrate at uniform rate of V2 gal /sq.yd. B. Apply primer in accordance with manufacturer's instructions. C. Use clean sand to blot excess primer. D. Apply primer to contact surfaces of curbs, gutters, and base rock. E. Coat surfaces of catch basin and sewer. Clean out frames with oil to prevent bond with asphalt paving. 3.03 PLACING ASPHALT PAVEMENT A. Place binder course within 24 hours of priming base surfaces. B. - Place course to compacted thickness identified in schedule at end of Section. C. Compact pavement by rolling. Do not displace or extrude pavement from position. Hand compact in areas inaccessible to rolling equipment. D. Develop rolling with consecutive passes to achieve even and smooth finish, without roller marks. 3.04 TOLERANCES A. Flatness - Maximum variation of 1 inch measured with 10 foot straight -edge. B. Compacted Scheduled Thickness - Within 1/4 inch of design thickness. C. Variation from True Elevation - Within 1 inch. 733 -01 02513 -3 • • 3.05 SEAL COAT A. Apply seal coat in accordance with Asphalt Institute Manual MS -13. END OF SECTION 733 -01 02513 -4