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HomeMy Public PortalAboutSigns Galore CRA ContractContract Agreement CRA GATEWAY SIGNAGE SEPTEMBER 2019 Prepared by: Poly Inc. Use For City of Crestview Community Redevelopment Agency 198 Wilson North Crestview, FL 32536 TABLE OF CONTENTS DIVISION 0 - CONTRACT & BIDDING REQUIREMENTS 00100 Scope of Work 00200 Geotechnical Report 00300 Contractor Quotes 00500 Engineers Joint Contract Documents Committee (EJCDC) Standard Form Contract 00610 Performance Bond 00620 Payment Bond 00700 General Conditions 00800 Supplementary General Conditions 00810 Special Conditions APPENDIX Addendum No. 1 (CRA Board Agenda) Drawings (Cover & 15 pages) — including Technical Specifications CRA Gateway Signage TOC-1 Job No. 49-056 Section 00100 CRESTVIEW COMMUNITY REDEVELOPMENT AGENCY (CRA) GATEWAY SIGNAGE PROJECT Scope of Work: 1. Existing "Welcome to Crestview Sign" at locations to be removed by Owner prior to construction. 2. Provide the materials for and construct three Gateway signs as designed including new lighting, as outlined in attached design construction plans in the Appendix. 3. All materials used in construction of the sign shall be new and shall meet the material specifications as shown on the original design drawings in the Appendix. General Conditions: 1. All Work must be done in accordance with applicable City of Crestview, Okaloosa County and State of Florida and/or federal requirements. 2. All materials used shall be new and shall meet the material specifications as shown on the original design drawings in the Appendix. 3. Contractor shall employ any and all means necessary to prevent damage to adjoining property that may be caused by sign construction. Contractor shall be responsible for the cost of repair of any such damage caused by Contractor or its agents or subagents. Reference Drawings, Specifications, and Other: 1. Design drawings by Poly Inc. referred to as "Appendix" and consisting of: a. Cover Sheet - G1.0 b. Sheet 1 — Gl.l c. Sheet 2 — A1.0 d. Sheet 3 — Al .l e. Sheet 4 — A1.2 f. Sheet 5 — A2.0 g. Sheet 6 — A2.1 h. Sheet 7 — A2.2 i. Sheet 8 — A3.0 j. Sheet 9 — A3.1 k. Sheet 10 — S 1.1 1. Sheet 11 — S2.1 m. Sheet 12 — S3.1 n. Sheet 13 — E 1.0 o. Sheet 14 - E2.0 p. Sheet 15 — E3.0 2. Technical Specifications — included on Drawing sheets listed above 3. Contract Documents a. Section 00500 — Engineers Joint Contract Documents Committee (EJCDC) Standard Form Contract b. Section 00610 — Performance Bond c. Section 00620 — Payment Bond d. Section 00700 — EJCDC General Conditions e. Section 00800 — Supplementary General Conditions f. Section 00810 — Special Conditions g. Addendum No. 1 — CRA Board Agenda The Crestview Redevelopment Agency, a dependent special district for the City of Crestview, Florida, does not discriminate on the basis of race, color, national origin, sex, religion, age, and handicapped status in employment or provision of services. September 28, 2018 Report of Geotechnical Exploration City of Crestview Signs Crestview, Florida LMJ File # 18-347 E Ms. Beth Brant, PE Poly Inc. P.O. Box 841 Shalimar, FL 32575 ••• 1976. HT•Drilling Materialsiesting , • I •, •1 I ••••--- ^ • ,.•., • , r, .n. I • I .• • 1,,, .-1,, , , •,.., • „, , • I. , • '• TABLE OF CONTENTS 1.0 INTRODUCTION 1 2.0 SITE AND PROJECT CONDITIONS 1 3.0 SUBSURFACE EXPLORATION 1 4.0 SUBSURFACE CONDITIONS 1 5.0 LABORATORY TEST RESULTS 2 6.0 DISCUSSION AND RECOMMENDATIONS 2 6.1 Basis of Recommendations > 2 6.2 General Summary 2 6.3 Site Preparation Recommendations 3 6.4 Fill Recommendations 3 6.5 Foundation Recommendations 3 Table #1: Allowable Soil Bearing Pressures 3 Figure #1: Boring Logs and Boring Location Plan 5 Report of Geotechnical Exploration City of Crestview Signs September 28, 2018 ITU 1.0 INTRODUCTION This report forwards the results of our geotechnical exploration for the proposed City of Crestview Signs in Crestview, Florida. The purpose of this exploration was to determine the general subsurface conditions in the proposed sign areas and use this information to provide recommendations for earthwork and foundation design. Our exploration consisted of four Standard Penetration Test (SPT) borings, classification of the samples from the borings, laboratory testing of selected samples, and analysis by our engineering staff. 2.0 SITE AND PROJECT CONDITIONS There are three proposed signs for this project: an arched gateway sign, a tower sign, and a gateway planter sign. The arch gateway sign is planned at the west end of N main Street near the intersection with Highway 90. The tower sign is planned at the southwest corner of the intersection of Courthouse Terrace and E James Lee Blvd (Hwy 90). The planter sign is planned at the intersection of S Main Street and S Ferdon Blvd about 150 feet north of the intersection. We understand that the arched gateway sign posts are planned where the existing concrete poles are at the west end of N Main street, and this area was occupied by grassed landscaped islands with bushes and small trees at the time of drilling. The other two sign areas were grassed at the time of drilling. The arched gateway sign is planned to be constructed using CMU columns and a steel arch, and the other two signs are planned to be constructed using CMU. All of the signs are planned to be supported on a concrete footing. At the time of this report, specific structural loading information for the signs was not available. Should this information change or be incorrect, the geotechnical engineer should be notified and changes to our recommendations may be needed. 3.0 SUBSURFACE EXPLORATION Our exploration included four Standard Penetration Test (SPT) borings drilled to depths of 17-21 feet below existing grade at the time of drilling. The SPT consists of driving a 2-inch diameter split spoon sampler into the ground using a 140-pound hammer dropped 30-inches. The number of blows required to drive the sampler one foot after seating it 6-inches is referred to as the blow count or "N" value which is a measure of soil density. "N" values can be found in Figure #1 adjacent to the soil descriptions. Five SPT samples were collected in the top 10 feet, and the borings were sampled at five-foot intervals thereafter. The borings were drilled in general accordance with ASTM D1586 using truck mounted drill rigs. The boreholes were advanced between SPT sampling using solid stem flight auger. Each sample was removed from the sampler, classified in the field by the driller, and packaged for visual classification by our engineering staff and for laboratory testing. Note that boring B-4, drilled for the gateway planter sign, encountered an obstruction at 17 feet that could not be augered past, and this boring was therefore terminated at 17 feet. 4.0 SUBSURFACE CONDITIONS The boring locations, and the subsurface conditions encountered in the borings are shown on the attached Figure #1. The borings were located in the field using existing site features, and all boring locations should be considered approximate. Boundaries between soil layers and soil depths should also be considered approximate since the actual transition between layers may be gradual. A Page 1 Report of Geotechnical Exploration City of Crestview Signs September 28, 2018 generalized summary of the conditions encountered in the borings is included below. The detailed conditions encountered in the borings are shown in the boring logs attached as Figure #1. The borings generally encountered 3-6 inches of topsoil or asphalt over tan/orange silty sand and slightly silty sand to 6-8 feet underlain by red/orange silty sand with some trace clay to the bottom of the borings at 17-21 feet. An exception to this general soil summary is B-3, where a 3-inch layer of asphalt was encountered under 6 inches of topsoil underlain by tan/orange clayey silty sand to 1.5 feet. Soil density varied with boring locations. The arched gateway and gateway planter sign borings (B-1, B-2, and B-4) encountered loose and medium dense soils, except for the upper 2 feet of B-1, where denseconditions were encountered. The tower sign boring (B-3) encountered loose and medium dense soils in the upper 4 feet, very loose soils to roughly 13 feet and medium dense soils to the bottom of B-3 at 21 feet. Groundwater was not encountered in the 17 to 21-foot borings at the time of drilling. Groundwater levels will vary with ,changes in rainfall and site drainage characteristics and may be different at other times. Although not encountered at the time of drilling, the borings did encountered conditions that may trap or perch infiltrating stormwater at or above 6-8 feet. 5.0 LABORATORY TEST RESULTS Laboratory testing for this project consisted of basic properties tests including wash #200 sieve and natural moisture content tests to assist in soil classification and to evaluate and document basic properties. Results of the laboratory tests are shown on the boring logs (Figure #1) adjacent to the samples tested. 6.0 DISCUSSION AND RECOMMENDATIONS 6.1 Basis of Recommendations Recommendations rendered herein are based on assumed and/or design information available at the time of this report, the subsurface conditions encountered in the test borings, commonly accepted geotechnical engineering principles and practices, and our experience with similar soil and groundwater conditions. Should final project information or existing conditions differ from the information used in this report, or should any soil conditions not discussed in this report be encountered during construction, our office should be notified and retained so that this report can be modified as needed. In addition, LMJ should be provided with the final plans for review to determine if any changes to our report are needed based on the final design. Regardless of the care exercised in performing a geotechnical exploration, the possibility always exists that soil and/or groundwater conditions will differ from those encountered at the specific boring locations. In addition, construction operations may alter the soil conditions. Therefore, it is recommended that a representative from Larry M. Jacobs & Associates, Inc. (LMJ) be involved during the construction phases discussed in this report. Note that LMJ cannot be responsible for the misinterpretation of the recommendations in this report. 6.2 General Summary The conditions encountered in the borings are suitable for the support of the planned signs. The different sign locations encountered different soil densities; therefore, the allowable bearing pressure will be different for each sign. The following sections outline our recommendations for site preparation and foundation design. Page 2 Report of Geotechnical Exploration City of Crestview Signs September 28, 2018 6.3 Site Preparation Recommendations The existing ground surface in the sign areas should be cleared and stripped of all vegetation, major root systems, topsoil, and any other deleterious materials. After clearing and stripping, the sites can be excavated down to the bottom of footing elevation. Note that B-3 encountered a buried asphalt layer, and if additional debris is encountered at this location, is should be completely removed and replaced up to the bottom of footing elevation with soil compacted in accordance with the following section. 6.4 Fill Recommendations Specific grading information was not available at the time of this report. If any imported fill is needed for this project we would recommend using slightly silty sand or silty sand soils free of significant organic content or other deleterious materials. All fill materials should be placed near their optimum moisture content in lifts compacted to a minimum of 95% of the Modified Proctor test (ASTM D1557) density. Lift thicknesses will depend on the fill material and equipment used, but hand operated equipment is anticipated for this project, and lift thicknesses of 6 inches are recommended for hand -operated equipment. The slightly silty sand to borderline silty sand soils encountered in the borings would be best compacted using a jumping jack compactor. Backfill for excavations made in the sign areas oradjacent to the signs, such as for the placement of utilities or foundations, should be placed and compacted in the same manner as fill. 6.5 Foundation Recommendations The soils immediately beneath all footings should be compacted for a minimum depth of 12 inches to a minimum of 95% of the Modified Proctor test (ASTM D1557) density using a jumping jack compactor. We recommend verifying compaction using in place nuclear density testing with a minimum of one density test run for each footing. The bottom of all footings should be evaluated by LMJ staff prior to the placement of concrete or steel. As previously mentioned, the borings encountered erratic soil densities, and the allowable bearing pressure will be different for each sign. Assuming that the sign foundations are prepared in accordance with this report, the signs can be designed for the allowable net soil bearing pressures in the following Table #1. We have assumed a bottom of footing depth of roughly 3-4 feet below existing grade and footing widths of 6-9 feet for the signs. Our office should be contacted if these assumptions are not correct. Table #1: Allowable Soil Bearing Pressures Sign Boring Net Allowable Bearing Pressure (psf) Arched Gateway B-1 & B-2 2,000 Tower Sign B-3 1,000 Gateway Planter B-4 3,000 We estimate settlement f om the sand soils immediately beneath the footings to be 1 inch or less at the allowable bearing pressures in Table #1. This settlement should occur during construction and soon after initial loading. The allowable bearing pressures are controlled by settlement. The tower sign boring (B-3) encountered very loose conditions, and if a higher allowable bearing pressure is needed for this sign, it could be achieved by undercutting the very loose soils and Page 3 Report of Geoteohnical Exploration City of Crestview Signs September 28, 2018 replacing them in compacted lifts under the sign. Our office should be contacted if a higher allowable bearing pressure is needed so we can provide specific undercutting recommendations. We hope that this report provides sufficient information for your current requirements. If you have any questions or comments, please do not hesitate to call. Respectfully yours LARRY M. JACO Kitl'j V. Jadobs, PE Project Engineer Florida Reg. #66577 Attachments „ittautm,, S & ASSOC6S'!F 1./0 GEN,pC 66577 06 No 66577 ' Nr. ;. e O'. STATE OF : I,: t ,',• SS t0 N M- E\\s%% This document has been digitally signed by Keith V, Jacobs, PE. Printed copies of this document are not considered signed and sealed, and the signature must be verified on any electronic copies. 2018-09-28 Page 4 B-1 09-11-18 BORING LOGS ARCHED GATEWAY SIGN ASPHALT (3-) BROWN/ORANGE DENSE SILTY SAND (SM) TAN/ORANGE (MEDIUM DENSE TO LOOSE SLIGHTLY SILTY FINE SAND (SM/SP) ORANGE/TAN LOOSE TO MEDIUM DENSE SLIGHTLY SILTY FINE SAND (SM/SP) RED MEDIUM DENSE TO LOOSE SILTY SAND, TRACE CLAY (SM) B-2 09-11-18 BORING LOCATION PLAN OWN LOOSE SLIGHTLY SILTY SAND (Y)(TOPSOIE)(SM/SP) TAN/ORANGE LOOSE TO MEDIUM DENSE SLIGHNLT SILTY SAND (SM/SP) TAN/ORANGE/BROWN MEDIUM DENSE SLIGHTLY SILTY SAND (SM/SP) RED MEDIUM DENSE TO LOOSE TO MEDIUM DENSE SILTY SAND (SM) -200-11 w=6 9 -200=10.6 w=5.5 200=11.5 0 5 10 15 TOWER SIGN B-3 09-11-18 N 7 3 BORING LOGS ONE BROWN/DARK BROWN LOOSE SLIGHTLY SILTY SAND (6")(TOPSOIL)(SM/SP) - ASPHALT (3") TAN/ORANGE CLAYEY SILTY SAND (SM/SC) TAN/ORANGE MEDIUM DENSE TO VERY LOOSE SLIGHTLY SILTY SAND (SM/SP) 2 13 20214 *HAMMER 9 0W5: ' FT SAMP E: 4/6" ORANGE/TAN VERY LOOSE SLIGHTLY SILTY SAND (SM/SP) RED/ORANGE VERY LOOSE TO MEDIUM DENSE SILTY SAND. TRACE CLAY (SM) GATEWAY PLANTER SIGN B-4 09-11-18 N ON 10 155 r:rr LOROWN LOOSE SLIGHTLY SILTY SAND (3")(TOPSOIL)(SM/SP) TAN/BROWN LOOSE SLIGHTLY SILTY SAND WITH GRAVEL (SM/SP) RED/ORANGE LOOSE SILTY SAND (SM) TAN/ORANGE MEDIUM DENSE SIGHTLY SILTY SAND MTH ORANGE SILTY SAND SEAMS (SM/SP+SM) TAN/ORANGE MEDIUM DENSE SLIGHTLY SILTY SAND (ST1/SP) ORANGE/RED LOOSE SILTY SAND. TRACE CLAY (SM) RED/ORANGE LOOSE SILTY SAND. TRACE CLAY AND GRAVEL (SM) NOTE: ENCOUNTERED OCSTRUCTON AT 17 FT. TRACE BLACK ORGANICS IN 9-10 FT SAMPLE BORING LOCATION PLAN SECTION 00500 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between City of Crestview Community Redevelopment Agency, (hereinafter called OWNER or CRA) and Signs Galore, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: CRA Gateway Signage (Planter Sign, Archway Sign and Digital Tower Sign) ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows and more specifically described in the Scope of Work and Project Drawings: CRA Gateway Signage (Planter Sign, Archway Sign and Digital Tower Sign) ARTICLE 3 - ENGINEER 3.01 The Project has been designed by POLY, INC. who is hereinafter called ENGINEER and who is to act on OWNER's behalf, 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 4 - CONTRACT TIME 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within 270 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07.B of the General Conditions within 330 calendar days from the date when the Contract Time commences to run. 4.03 Liquidated Damages. A. Amount: In case of failure on the part of the Contractor to complete the Work within the time(s) specified in paragraph 4.02 above, or within such additional time(s) as may be granted in writing by the CRA in accordance with Article 12 of the General Conditions, CRA will suffer damage, the amount of which is difficult, if not impossible, to ascertain. Therefore, the Contractor shall pay to the CRA, as liquidated damages, the amount of $250 for each calendar day of delay that actual completion extends beyond the time limit specified until such reasonable time as may be required for final completion of the work. In no way shall costs ffor liquidated damages be construed as penalty on the Contractor. B. Determination of Number of Days of Default: For all contracts, regardless of whether the contract time is stipulated in calendar days or working days, the default days shall be counted in calendar days. C. Conditions under which Liquidated Damages are imposed: Should the Contractor or, in case of his default, the Surety,: fail to complete the work within the time stipulated in paragraph 4.02 above, or within such extra time as may have been granted by the CRA in accordance with Article 12 of the General Conditions, the Contractor or, in case of his default, the Surety, shall pay to the CRA, not as a penalty, but as liquidated damages by agreement, the amount so due as determined by the Code requirements, as provided above. D. Right of Collection: The CRA shall have the right to apply as payment on such liquidated damages any money which is due to the Contractor by the CRA. E. Permitting Contractor to Finish Work: Permitting the Contractor to continue and to finish the work, or any part of it, after the expiration of the Contract Time allowed, including extensions of time granted to the Contractor, shall in no way act as a waiver on the part of the CRA the liquidated damages due under the contract. F. Completion of Work by CRA: In case of default of the contract and the completion of the Work by the CRA, the Contractor and his Surety shall be liable for the liquidated damages under the contract, but no liquidated damages shall be chargeable for any delay in the final completion of the Work caused directly from any unreasonable action or delay on the part of the CRA. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5.01.A below: A. For all Work, at the prices stated in CONTRACTOR's Quotes, attached hereto in Section 00300. As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. 1. Monument Sign: Contract Amount of Forty One Thousand, Four Hundred Thirty Nine Dollars and Eighty Six Cent ($38,910.67) 2. Archway Sign Contract Amount of Ninety One Thousand, Seven Hundred Ninety Nine Dollars and Eleven Cent ($105,303.71) 3. Tower Sign Contract Amount of One Hundred Four Thousand, Five Hundred Ninety Four Dollars and Thirty Five Cent ($104,594.35) Total Contract Price Two Hundred Thirty Seven Thousand, Eight Hundred Thirty Three Dollars and Thirty Two Cent ($248,808.73) ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 6.02 Progress Payments; Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the 10th day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be made in accordance with this Section 6.02 and the process outlined in the General and Supplementary Conditions. 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 14.02 of the General Conditions. a. Ninety percent (90%) of Work completed (with the balance being retainage). If Work has been fifty percent (50%) completed as determined by ENGINEER, 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 retainage on account of Work subsequently completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed less the aggregate of payments previously made; and b. Ninety percent (90%) of cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to ninety-five percent (95%) of the Work completed, less such amounts as ENGINEER shall determine ;in accordance with paragraph 14.02.B.5 of the General Conditions and less 1.00% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment. A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 5% per annum. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid. B. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. F. CONTRACTOR does not. consider that any further examinations, investigations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR J. CONTRACTOR agrees that the Contract Documents are generally sufficient to indicate and convey sufficient understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00500-1 to 00500-8, inclusive); 2. Performance Bond (pages 00610-1 to 00610-2, inclusive); 3. Payment Bond (pages 00620-1 to 00620-2, inclusive); 4. General Conditions (pages 00700-1 to 00700-43, inclusive); 5. Supplementary Conditions (pages 00800-1 to 00800-7, inclusive); 6. Special Conditions (pages 00810-1 to 00810-9, inclusive); 7. Specifications as included in the Design Drawings: 8. Design Drawings 9. Addenda (numbers 1 , inclusive); 10. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed (page inclusive); b. CONTRACTOR's Quotes (pages to , inclusive);_ 11. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 9.01.A are attached to this Agreement and by this reference are incorporated into this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Defined terms (capitalized terms) used in this Agreement will have the meanings stated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the terms of this Agreement with respect to all covenants, agreements and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. This Area intentionally left blank 11.01— Public Records. CONTRACTOR shall comply with the requirements of Florida's Public Records law. In accordance with Section 119.0701, Florida Statutes, CONTRACTOR shall: a. Keep and maintain public records required by the OWNER necessary to build and operate the Project. b. Upon request from the OWNER or City of Crestview's custodian of public records, provide the OWNER with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided under Florida's Public Records Law or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of this contract if CONTRACTOR does not transfer the records to the OWNER: and d. Upon completion of the contract, transfer, at no cost, to the OWNER all public records in possession of CONTRACTOR or keep and maintain public records required by the OWNER to perform the service. If CONTRACTOR transfers all public records to the OWNER upon completion of the contract, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains public records upon completion of this contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the OWNER, upon request from public OWNER's custodian of public records, in a format that is compatible with the information technology systems of the OWNER. e. If CONTRACTOR has questions regarding the application of Chapter 119, Florida Statutes to CONTRACTOR's duty to provide public records relating to this Agreement, Developer shall contact the Custodian of Public Records at: City Clerk, City of Crestview 198 North Wilson Street P.O. Box 1209 Crestview, Florida 32536 (850) 682-1560 Extension 250 cityclerk@sityofcrestview.org f In the event the OWNER must initiate litigation against CONTRACTOR in order to enforce compliance with Chapter 119, Florida Statutes, or in the event of litigation filed against the OWNER or City of Crestview because CONTRACTOR failed to provide access to public records responsive to a public record request, the OWNER shall be entitled to recover all costs, including but not limited to reasonable attorneys' fees for trial court and appellate court proceedings, costs of suit, witness, fees, and expert witness fees extended as part of said litigation and any subsequent appeals. 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 on their behalf. This Agreement will be effective on II- 12 - / C1 , 2019 (which is the Effective Date of the Agreement). OWNER CRESTVIEW COMMUNITY REDEVELOPMENT AGENCY Tim Bolduc; City Manager Address for giving notices: 198 Wilson Street North Crestview, FL 32536 Designated Representative: Name: Elizabeth Roy, City Clerk Title: CRA Director Address:198 Wilson Street North Phone: 850-682-1560 x 250 Facsimile: 850-682-8077 END OF SECTION 00500 CONTRACTOR SIGNS GALORE, INC. Address for giving notices: 111 Hammock Road Crestview, FL 32536 License No. 4rS\ZCOl3`4 (Where Applicable) Agent for Service of Process: Designated Representative: Name: Title: Address: Phone: Facsimile: Y ck02(c c9 C{&Si 4�t l(I �'� )- (U -5 gpiO t/Iuto-Owners INSURANCE (For use on State and Municipal projects) BOND NUMBER: 66337029 LIFE • HOME • CAR • BUSINESS LABOR & MATERIAL PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we, SIGNS GALORE, INC of 111 HAMMOCK ST CRESTVIEW, FL 32536-1750, as Principal, and the Auto -Owners Insurance Company, a corporation organized under the laws of the State of Michigan, and having its principal office in the city of Lansing, Michigan, as Surety, are held and, firmly bound unto CITY OF CRESTVIEW COMMUNITY REDEVELOPMENT AGENCY, 198 N WILSON ST, CRESTVIEW FL 32536-3436, as Obligee, in the penal sum of two hundred forty eight thousand eight hundred eight and 73 /100 Dollars ($248,808.73), lawful money of the United States of America, for which payment, well and truly to be made, we jointly and severally bind ourselves, our successors, administrators and assigns, firmly by these presents. WHEREAS, the aforesaid Principal has entered into a certain written contract with the aforesaid Obligee dated 30th day of September, 2019 for furnishing all labor and materials for PLANTER SIGN which contract is hereby referred to and made a part hereof. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the aforesaid Principal shall pay or cause to be paid all indebtedness which may arise from him to any subcontractor or to any person, firm or corporation performing labor or furnishing materials or supplies furnished in the performance of said contract then this obligation shall be void, otherwise to remain in full force and effect. THIS BOND is further conditioned that the liability of the Surety shall not be affected by any extensions of time and notice of any such extensions of time is hereby waived by the Surety. NON -ASSESSABLE. This bond is non -assessable and the premiums designed herein and in the endorsements attached hereto are theonlypremiums for which the Principal or Obligee shall be liable. PARTICIPATING. The Principal or Obligee shall be entitled to an equitable participation in the funds of the Company in excess of the amounts required to pay expenses and all the losses or claims or other policy obligations incurred, together with the reserve and surplus funds required or permitted by law; such distribution shall be made by the Company only in accordance with the decision of the Directorate acting under the insurance laws and under the charger of the Company. SIGNED, SEALED and DATED this 1ST day of NOVEMBER, 2019. SIGNS GALORE, INC By Teresa E. Gibson Attorney -in -Fact Surety 2928 (01-18) buto-Owners INSURANCE LIFE • HOME • CAR • BUSINESS (For use on PUBLIC projects) BOND NUMBER: 66337029 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, SIGNS GALORE, INC of 111 HAMMOCK ST CRESTVIEW, FL 32536-1750 as Principal(s), hereinafter called Principal, and Auto -Owners Insurance Company, a Michigan corporation, of Lansing, Michigan, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF CRESTVIEW COMMUNITY REDEVELOPMENT AGENCY, 198 N WILSON ST, CRESTVIEW FL 32536-3436 as Obligee, hereinafter called Obligee, in the penal sum of two hundred forty eight thousand eight hundred eight and 73 /100 Dollars ($248,808.73), lawful money of the United States of America, for the payment whereof, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a contract with the Obligee, dated the 30th day of September, 2019 for PLANTER SIGN which contract and the plans and specifications are by reference made a part hereof. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do, then this obligation shall be null and void; otherwise shall remain in full force and effect. AND PROVIDED, that any alterations which may be made in the terms of the contract, or in the work to be done under it, or the giving by the Obligee of any extension of time for the performance of the contract, or an other forbearance on the part of either executors, administrators, successors, or assigns from their liability hereunder, notice to the Surety of any such alterations, extension of time or of forbearance being hereby waived. SIGNED AND SEALED this 1ST day of NOVEMBER, 2019. SIGNS GALORE, INC Attorney -in -Fact 2983 (01-18) DATE AND ATTACH TO ORIGINAL BOND AUTO -OWNERS INSURANCE COMPANY LANSING, MICHIGAN POWER OF ATTORNEY NO 66337029 KNOW ALL MEN BY THESE PRESENTS: That the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, a Michigan Corporation, having its principal office at Lansing, County of Eaton, State of Michigan, adopted the following Resolution by the directors of the Company on January 27, 1971, to wit: "RESOLVED, That the President or any Vice President or Secretary or Assistant Secretary of the Company shall have the power and authority to appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity, and other writings obligatory in the nature thereof. Signatures of officers and seal of Company imprinted on such powers of attorney by facsimile shall have same force and effect as if manually affixed. Said officers may at any time remove and revoke the authority of any such appointee." Does hereby constitute and appoint Teresa E. Gibson its true and lawful attorney(s)-in-fact, to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and the execution of such instrument(s) shall be as binding upon the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. IN WITNESS WHEREOF, the AUTO -OWNERS INSURANCE COMPANY AT LANSING, MICHIGAN, has caused this to be signed by its authorized officer this 1st day of August, 2016, Denise Williams Senior Vice President STATE OF MICHIGAN ss. COUNTY OF EATON On this 1st day of August, 2016, before me personally came Denise Williams, to me known, who being duly sworn, did depose and say that they are Denise Williams, Senior Vice President of AUTO -OWNERS INSURANCE COMPANY, the corporation described in and which executed the above instrument, that they know the seal of said corporation; that the seal affixed to said instrument is such Corporate Seal, and that they received said instrument on behalf of the corporation by authority of their office pursuant to a Resolution of the Board of Directors of said corporation. My commission expires March 10, 2022 Susan E. Theisen +n, Li,," NOTARY PUBLIC CWNrY fKNe4r tr 0 : M/tummy t 'e {$$ INA •, Gvmk,nl .,O „M��txvi Notary Public STATE OF MICHIGAN t ss. COUNTY OF EATON f I, the undersigned First Vice President, Secretary and General Counsel of AUTO -OWNERS INSURANCE COMPANY, do hereby certify that the authority to issue a power of attorney as outlined in the above board of directors resolution remains in full force and effect as written and has not been revoked and the resolution as set forth is now in force, Signed and sealed at Lansing, Michigan. Dated this 1st day of November 2019 �dQcC7x� William F. Woodbury, First Vice Prudent , Secretary and General Counsel 2940 (10-17) Print Date (01/2019 Print Time: 01:01:53 PM This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification, This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law, �I STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By AMERICAN CONSULTING ENGINEERS COUNCIL Rational Society of ' Professional Engineers® PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-8-A-1 or 1910-8- A-2) (1996 Editions). Their provisions are interrelated and a change in one may necessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). EJCDC No. 1910-8 (1996 Edition) General Conditions Page 00700-1 TABLE OF CONTENTS Page ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 6 1.01 Defined Terms 6 1.02 Terminology 8 ARTICLE 2 - PRELIMINARY MATTERS 9 2.01 Delivery of Bonds 9 2.02 Copies of Documents 9 2.03 Commencement of Contract Times; Notice to Proceed 9 2.04 Starting the Work 9 2.05 Before Starting Construction 9 2.06 Preconstruction Conference 10 2.07Initial Acceptance of Schedules 10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 10 3.01 Intent 10 3.02 Reference Standards . 10 3.03 Reporting and Resolving Discrepancies 11 3.04 Amending and Supplementing Contract Documents 11 3.05 Reuse of Documents 11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions 12 4.03 Deering Subsurface or Physical Conditions 12 4.04 Underground Facilities 13 4.05 Reference Points 14 4.06 Hazardous Environmental Condition at Site 14 ARTICLE 5 - BONDS AND INSURANCE 15 5.01 Performance, Payment, and Other Bonds 15 5.02 Licensed Sureties and Insurers 15 5.03 Certificates of Insurance 15 5.04 CONTRACTOR'S Liability Insurance 15 5.05 OWNER's Liability Insurance 16 5.06 Property Insurance 16 5.07 Waiver of Rights 17 5.08 Receipt and Application of Insurance Proceeds 18 5.09 Acceptance of Bonds and Insurance; Option to Replace 18 5.10 Partial Utilization, Acknowledgment of Property Insurer 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 18 6.01 Supervision and Superintendence 19 6.02 Labor; Working Hours' .. 19 6.03 Services, Materials, and Equipment 19 6.04 Progress Schedule 19 6.05 Substitutes and "Or -Equals" . 19 6.07 Patent Fees and Royalties 21 6.08 Permits 22 6.09 Laws and Regulations 22 6.10 Taxes 22 General Conditions Page 00700-3 6.1 l Use of Site and Other Areas 22 6.13 Safety and Protection 23 6.14 Safety Representative 23 6.15 Hazard Communication Programs 23 6.16 Emergencies 24 6.17 Shop Drawings and Samples 24 6.18 Continuing the Work 25 6.19 CONTRACTOR's General Warranty and Guarantee 25 6.20 Indemnification 25 ARTICLE 7 - OTHER WORK 96 7.01 Related Work at Site . 26 7.02 Coordination 26 ARTICLE 8 - OWNER'S RESPONSIBILITIES 27 8.01 Communications to Contractor 27 8.02 Replacement of ENGINEER 27 8.03 Furnish Data 27 8.04 Pay Promptly When Due 27 8.05 Lands and Easements; Reports and Tests 27 8.06 Insurance . 27 8.07 Change Orders 27 8.08 Inspections, Tests, and Approvals 27 8.09 Limitations on OWNER's Responsibilities 27 8.10 Undisclosed Hazardous Environmental Condition 27 8.11 Evidence of Financial Arrangements 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 27 9.01 OWNER'S Representative 27 9.02 Visits to Site 27 9.03 Project Representative 28 9.04 Clarifications and Interpretations 28 9.05 Authorized Variations in Work . 28 9.06 Rejecting Defective Work 28 9.07 Shop Drawings, Change Orders and Payments 28 9.08 Determinations for Unit Price Work .. 28 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work 29 9.10 Limitations on ENGINEER's Authority and Responsibilities 29 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 29 10.01 Authorized Changes in the Work 29 10.02 Unauthorized Changes in the Work 29 10.03 Execution of Change Orders . 29 10.04 Notification to Surety 30 10.05 Claims and Disputes 30 ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 31 11.01 Cost of the Work 31 11.02 Cash Allowances 32 11.03 Unit Price Work 33 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 33 12.01 Change of Contract Price 33 12.02 Change of Contract Times 34 12.03 Delays Beyond CONTRACTOR's Control 34 12.04 Delays Within CONTRACTOR 's Control 34 12.06 Delay Damages 34 General Conditions Page 00700-4 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 34 13.01 Notice of Defects 34 13.02 Access to Work 35 13.03 Tests and Inspections 35 13.04 Uncovering Work 35 13.05 OWNER May Stop the Work 35 13.06 Correction or Removal of Defective Work 36 13.07 Correction Period 36 13.08 Acceptance of Defective Work 36 13.09 OWNER May Correct Defective Work 36 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 37 14.01 Schedule of Values 37 14.02 Progress Payments 37 14.03 CONTRACTOR's Warranty of Title 39 14.04 Substantial Completion 39 14.05 Partial Utilization 39 14,06 Final Inspection 40 14.07 Final Payment 40 14.08 Final Completion Delayed 40 14.09 Waiver of Claims 41 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 41 15.01 OWNER May Suspend Work 41 15,02 OWNER May Terminate for Cause 41 15.03 OWNER May Terminate For Convenience 41 15.04 CONTRACTOR May Stop Work or Terminate 42 ARTICLE 16 - DISPUTE RESOLUTION 42 16.01 Methods and Procedures 42 ARTICLE 17 - MISCELLANEOUS 42 17.01 Giving Notice 42 17.02 Computation ofTimes 42 17.03 Cumulative Remedies 42 17.04 Survival of Obligations 42 17.05 Controlling Law 43 General Conditions Page 00700-5 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract. Documents. 2. Agreement —The written instrument which is. evidence of the agreement between OWNER and. CONTRACTOR covering the Work. 3. Application for Payment --The form acceptable to ENGINEER which is to be used by CON- TRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid --The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (in- cluding all Addenda issued prior to receipt of Bids). 7. Bidding Requirements --The Advertisement or Invitation to Bid, Instuctions to Bidders, Bid security fora, if any, and the Bid form with any supplements. 8. Bonds --Performance and payment bonds and other instruments of security. 9. Change Order --A document reconunended by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim --A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract --The entire and integrated written agreement between the concerning the Work. negotiations, representa written or oral. OWNER and CONTRACTOR The Contract supersedes prior ons, or agreements, whether 12. Contract Documents --The Contract Docu- ments establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain 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 Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment. 15. CONTRACTOR --The individual or entity with whom OWNER has entered into the Agreement. 16. Cost of the Work --See paragraph 11.01.A for definition, 17. Drawings --That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. General Conditions Page 00700-6 18. 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. 19. ENGINEER --The individual or entity named as such in the Agreement. 20. ENGINEER's Consultant --An individual or entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 21, Field Order --A written order issued by ENGINEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. General Requirements --Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 23: Hazardous Environmental Condition --The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste --The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulations -- Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone --A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed --A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER --The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization --Use by' OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs --Polychlorinated biphenyls. 33. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual —The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material —Source, special nuclear, or byproduct material as defined by die Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative --The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 38. Samples --Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site --Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished General Conditions Page 00700-7 by OWNER which are designated for the use of CONTRACTOR. 41, Specifications —That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor --An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion --The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, hue Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier --A manufacturer, fabricator, suppli- er, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities --All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work --Work to be paid for on the basis of unit prices. 48. Work --The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive --A written statement to CONTRACTOR 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 subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive 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 Times. 50. Written Amendment —A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Documents. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it 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 General Conditions Page 00700-8 ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation. of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents SEE SUPPLEMENTARY CONDITIONS (SECTION 00800) A.a..NE—aauell—fm-miel t N GT Pup- E to pi -th r • um r . Idit; Se -epics viNk.,gat, d-np n-e-quest=akth $ ftaprocItiekioni 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times 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 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work SEE SUPPLEMENTARY CONDITIONS (SECTION 00800) Ar GQNT-PACT-OR-chull&tart—te pet;fenn the—Werk 2.05 Before Starting Construction A. CONTRACTOR'S Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR laiew or reasonably should have lmown thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and General Conditions Page 00700-9 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. SEE SUPPLEMENTARY CONDITIONS (SECTION 00800) ^ vtdne8=&fri#MWrw.v..er BM re -airy -We+ -a gitanahall-eaeb d t enekineurod rni oo (an.. cthc:.;..dcnee „_ in.,»:unet h i them er-uny--eddi enal nc' l r qucoa ...1.:..6 !`/1TiTn n nTnn ..„.1 n\xlTiT•n .cly c ed tee' o asrefaintain--in-aueofflunee--with Aatiele-3, 2.06 Preconstruction Conference SEE SUPPLEMENTARY CONDITIONS (SECTION 00800) e WitEin 20 da ,...a,._ tt_o Contr__t TA ,.p ter.., b..t b��.k ath a : to a eonferenee appropria.,otab'.:ch a. .. ' ing andetetanding arieng=th.r erge @=the-', ei afid to a ni.cect .tca r..tagr' p fr h 2-93.B,, ..._.. d nes far handling Sho.. Dra'yi .-.. and other rfi96voc�.v. ..a».».v.d v..vx. .� ....b.. ....a. .......- eubmittelsrpmeaseing Ap„1;oenor -ffo 4-=nnd Pttoay' niahita a' g=req. reckreeerdth 2,07 Initial Acceptance of Schedules SEE SUPPLEMENTARY CONDITIONS (SECTION 00800) n rx..t,..... ...u,.._.e..,. .d,.i_ •6u— he avct Dooument"hays-he btni k're trst GQN-TRACT-T-9I ENGINEER, ate other€as=apprepr--iete sill=cho d' . rags ptevtdet belev.kb apt a a rho n ryTOR ohan additienake t .net., ,t ..a:...... to-€enrplet i l es ibmit -thb- DUt 4uL 4 'trgross payment-sha#kko=mado ialrkaooel t*tble sehedtdes a sabnihhted_{ems NGl -k xtable t r:rn r.tz lidos-on-e oath V ' - 'iplo within-an�peei£ed Mi esto. e n€== he -€eti act Tiaaco SRoh seoeptanee adll not-itmpese-ot? 'NE lt• not illty-f ' r gr sh , inter abititt4heregor • required-subnrittai& 3 -TI4^ PP—sehod,.:r-os &ribfiiail Gbittait,W rbGikr-betupmi ARTICLE 3 - CONTRACT DOCUivMENTS: INTENT, AMENDING, REUSE 3.01 Intent SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION 00800) A, The Contract Documents are complementary; what is called for by one is as binding as if called for by all. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents, Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the 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 in the Contract Documents. General Conditions Page 00700-10 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error,. ambiguity, or discrepancy within die Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable. to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or discrepancy unless CONTRACTOR knew or reasonably should have known thereof B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarification. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adoption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. General Conditions Page 00700-11 B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equip- ment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION 00800) A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments I. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition rust meet any one or more of the categories described in paragraph 4.03.A; and General Conditions Page 00700-12 b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of para- graphs 9.08 and 11.03. 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed' as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding. Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final com- mitment; or c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefore as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION 00800) A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for; a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price of Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR General Conditions Page 00700-13 are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A, OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER's judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER:. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the' Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental. Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1, the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGINEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accor- dance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, General Conditions Page 00700-14 partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consul- tants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to die Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared 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 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain. 5.04 CONTRACTOR's Liability Insurance SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION 00800) A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for die Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be performed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to General Conditions Page 00700-15 perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destmction of tangible property wherever located, including loss of use resulting there from; and 6. 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. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final CON :. payment and at all times thereafter wheni.v- TRACTOR may be correcting, removing, or replac- ing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER's Liability Insurance A. In addition to the insurance required to be provid- ed by CONTRACTOR under paragraph 5.04, OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. 5.06 Property Insurance SEE SUPPLEMENTARY CONDITIONS (SECTION 00800) cry Gan d' 'aha11—t,:r per$y insuranee-upon-the€r. - ''e--t e=ame he fulleplivaeme t-ease:hereof-(subject-to-sueh=le€uetible t & ide ar anyos,. ..�,.o pr�:;a app ementtny r-required-key=�nd-Regulati ns)r--Th' ins.urane&slkalk atm t urn€liv €itials—ei—entitief idea€ifiecl—in -the General Conditions Page 00700-16 piein of ' 1 , datestersrparteehe-emplof, .0 . entu-a..d-othe€ llj theearrassera io-deemneekeskev*en-insurable 2be-vv€itteiasis =l aildel%P 1&1 —Al I HGit" r Ityai 1-1 V ri, a shh.,.t1 :. st i. 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Tlie _i-1. _f loss ...: side d tuetb4 .JII be 1_v L.., CONT1J A CTOR, Subeentraeter^, er ethetsse ig-en} sh-leoa, an4 i€pny of-thstm-veishes-paspersurstene-severagehe nt en&e dal ...u_a a-1 i a a 9 pereastirease keen-preeneed-b) OWP' P. 5.07 Waiver of Rights SEE SUPPLEMENTARY CONDITIONS (SECTION 00800) A OW NE and CONTu nCTnn _nd h_. _n r>< ass:i`ts�� recta-ex-edditieaal inaureds faai `fie ihatt:, el=peliei 3d a.d-danaage=pe€ilsAs=6/ less-Gox€red- therehn t. • t...t, .-taro } t at L..v :. 4he ..nni O �«b i — € Rddiii�' U,o •.boa.. ,._ n0irnW1 the€Ptn.,.-arta agauner-saen--rasps Isnetnerempleysearagentarinal-otherono aubeentsaet .c 1. d a: ten =fe l'� lesses-and d nagems nse o-€esu#htg-from m�v's-ova.ac the-peri .� '`' - dvl4?- rnsti nd ether --prep aptee nppheable-te-the to;`iij= u 4Fin ad:'"'- ive tll £ttel igh ubsoritl etene EN TE =4 nsultante -aiaf all -ether nndlvidaal�� ed--in--the--Cupplenaenta€y General Conditions Page 00700-17 Genf to m a . a e-ddi€ienral- insuraclo (snddlla oche_ a sultatlt. and subee4*_.e'-R*' or-P-4--"i el. them)-nadesiel peHeieo-for-lexee aad-dnnngecteaused: oneAdi aay p uctee-er athemvine-payable S. - OWNE waives -all rights ll t NTR C-T- P=, Sobeent PAC INruPr-C-ensultanta; and the-offieers, d4reeaers, --d o&ei =eenstili£ -nd 4. lees-etue-to bucin ss-of preperE}'=et the k-eau rash; K —fire-or-efhe peril --whether or hot insured by-9W14EI'raad 2 r damage -to plet•l et r r-pmw maintained=en4he -kereef 1.. nla[nxrs paragtap,i�nr. n,. inimiugutP1444W3=s1 that- tIc e eh-lossr damageor and-sulevontreetood-of-etiohdind-au”khenu eter Ei-outisultam:s 5.08 Receipt and Application of Insurance Proceeds sy :e, d undo tbe-o oequired=bnarag# pi.-s,nb will-be-adjurtod with OWNS as=theirwnt .'_:e, .h c �mp�Tx� art} applieahle--mertge::cer:rh-5.0843v OIALl Rhw?- de sit 'i•"_�_sepIwate=aeeeant=anyuueney=so feeend-shallelistributteedeodimetoli agre-eme �p*Ertiie interest=nnay reael3=I ne=€her speoi€4 agreement-i reaohod the -#raw shalLae €epair€fie-raplaosd-th -moneys ei ' applied on aeoeunt-thereof-anek-th Worletnid=thef-ees ltec= red byuan=apprepriateQhange Qvder=erAV+iaen-Amem#met* '^ :c ftaueiery--ehall-h-we-power to -adjust a d " ''. 'a:' inssr ee-of-thf-pis I l 6: ithin I S a...... after th atP.:::o: Pam. ....�» . ... ..... ..b .. .y .. .. . e ..C' VQ-ALI 'e e of his-p.. er If to kj tj o-i,e-ina•lr^ r. �" ' -P ` h el<Ft Alin l b eh agreementethpafties411-Mtefestmuy-Feisueh agreementengtlie-p eh�e•1,bRFi ^AIR ,,ran hall duet a..a s ttle-the-lean-wi tl the -insurers mrvv�ooc-a... v» and, o felueh. e-ben sueh-dutte& 5.09 Acceptance of Bonds and Insurance; Option to Replace A. If either OWNER or CONTRACTOR has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Con- tract Documents, such party shall notify the other party in wilting of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER fmds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES General Conditions Page 00700-18 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, 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 Documents. 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 OWNER or ENGINEER in the design or specification of a. specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superin- tendent shall be binding on CONTRACTOR. 6.02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and CON- TRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume fill responsibility for all services, 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 performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Docu- ments. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to ENGI- NEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the prog- ress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is pennitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under die circumstances described below. 1. "Or -Equal" Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in General Conditions Page 00700-19 which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or - equal" item under paragraph 6.05.A.1, it will be considered a proposed substitute item. b. CONTRACTOR shall submit sufficient information as provided below to allow ENGI- NEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CON- TRACTOR. c. The procedure for review by ENGI- NEER will be as set forth in paragraph 6.05.A.2.d, as supplemented hi the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d. CONTRACTOR shall first make written application to ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not use of the proposed substitute item 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 item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the applica- tion, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CONTRACTOR to furnish additional data about the proposed substitute item. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CON- TRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGINEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in sub paragraph 6.05.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursement: ENGINEER will record time required by ENGINEER and General Conditions Page 00700-20 ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute. F. CONTRACTOR's Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or -equal" at CONTRACTOR's expense. 6.06 Concerning Subcontractors, Suppliers, and Others_ A. CONTRACTOR shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6,06,B), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR, shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom CONTRACTOR has _ reasonable. objection. SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION 00800) B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if. CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed, No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION 00800) C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, 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 individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to conununicath with ENGINEER through CONTRACTOR. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcon- tractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6.07 Patent Fees and Royalties General Conditions Page 00700-21 A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to 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. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all govermnental 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. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefore as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas 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 adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indenmify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, employees, agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to General Conditions Page 00700-22 any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRACTOR shall keep die Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent, property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection SEE ALSO SUPPLEMENTARY CONDITIONS (SECTION 00800) A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs 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: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equip- ment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property 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 other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform 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 ENGINEER's Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of die Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made General Conditions Page 00700-23 available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR 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 or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the Limited purposes required by paragraph 6. 17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures I. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents, 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, con- form to the information given in the Contract Docu- ments and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except General Conditions Page 00700-24 where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for 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. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CON- TRACTOR 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 each submittal as required by paragraph 6.17.D.3 and ENGINEER has given written approval of each such variation by 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 complying with the require ments of paragraph 6.17.D.1. F. Resubmittal Procedures I. CONTRACTOR 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. 6.18 Continuing the Work A. 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 pending resolution of any disputes or disagreements, except as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper main- tenance or operation by persons other than CON- TRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. usage. normal wear and tear under normal B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: observations by ENGINEER; 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Draw- ing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consul- tants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: I. 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 General Conditions Page 00700-25 2. is caused in whole or in part by any negli- gent act or omission of CONTRACTOR, any Sub- contractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such ihdenmified party by Laws and Regulations regardless of the negligence of ally such individual or entity. B. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal, representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A 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, Supplier,'. or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification obligations of CONTRAC- TOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefore as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage or materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting„ and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly 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 be 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. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: I. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; General Conditions Page 00700-26 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsi- bilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- sibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer' to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER's responsibilities, if any, in respect to purchasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Change Order* A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CON- TRACTOR to comply with Laws and Regulations applica- ble to the performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A, If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period. The duties and responsi- bilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at inter- vals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an General Conditions Page 00700-27 experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site 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 generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to. comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Docu- ments. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpre- tation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. 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 Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by 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 OWNER and CONTRAC- TOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations jor Unit Price Work A. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CON- TRACTOR the ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by reconunendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. General Conditions Page 00700-28 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work there under. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seelcing changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with'a request for a formal decision, B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liablein connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) 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. 9.10 Limitations on ENGINEER'S Authority and Responsibilities A. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the perfor- mance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accor- dance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Repre- sentative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. 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 by a Written Amendment, a Change Order, or a Work Change Directive. 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). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefore as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of die Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering: I. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective General Conditions Page 00700-29 Work under paragraph I 3.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to para- graph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety • A. 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 Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.B. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02 B. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing patty may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal General Conditions Page 00700-30 of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if- not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means die sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to die Claim. 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 11.01.B. 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. Such employees shall include without limitation superintendents, foremen, and other personnel'. employed full time at the Site. 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' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation 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 pay- ments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- TRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CON- TRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any 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 and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of die Work, and cost, less market value, of such items used but not consumed which remain the property of CONTRACTOR. c. 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, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CON - General Conditions Page 00700-31 TRACTOR is liable, imposed by Laws and Regu- lations. e . Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may he liable, and royalty paymentsand fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the perfor- mance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g. The cost of utilities, Mel, and sanitary) facilities at the Site. h. 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. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph I1.01.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the Site, 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent pa-yments. 4. Costs due to the negligence of CON- TRACTOR, 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 property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.B. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs I I.01.A and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. 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 performed for such sums as may be acceptable to OWNER and ENGINEER, CONTRACTOR agrees that: 1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by General Conditions Page 00700-32 the allowances to be delivered at the Site, and all applicable taxes; and 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, and no demand for additional payment on account of any of the foregoing will be valid. B. 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 correspondingly adjusted. 11.03 Unit Price Work A. 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 unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated 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 quantities and. classifications of Unit Price Work performed by. CONTRACTOR will be made by ENGINEER subject to= the provisions of paragraph 9.08. B. 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. separately identified item. SEE SUPLEMENTARY CONDITIONS (SECTION 00800) • ..djustmeot_:,�tr,dCo„trae n..:....: _edease ..ith paragraph-18.03 if: a. l •. W r k— p - ' • Ry n • imated aad with-esspeet rny=etheMtetne€Ar rk and GO -FIT -PACT in i#i ntra - nit- f hw. ing=ine -ml ti aal-xpen • Abel' ha Iri ititfed=t lee entr tet—Price nd the eare-u,;.. 0-.9-asear.o-aro-an,etmt�.,ny eh ine r . ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 12.01.C). C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under paragraphs 1 1.01.A. I and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five percent; General Conditions Page 00700-33 c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under paragraphs I1.01.A.4, 11.01.A.5, and 11.01.B; e, the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease hi cost plus a deduction in CONTRACTOR's fee by an amount equal to five,' percent of such net decrease; and f when both additions and credits are in- volved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change hi accordance with paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in die Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefore as provided hi paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CONTRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be General Conditions Page 00700-34 rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Con- sultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections SEE SUPLEMENTARY CONDITIONS (SECTION 00800) , r r • lc- nti h ll ' L.spee i8H&9Ftests... f n iidep t 4J t & r . exeepk 2 t _a 13.01d3 end 3p—ae,pe all ie the C=' enr,— cargtr., C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CONTRAC- TOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. B. 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 pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof; OWNER may make a Claim therefor as provided in paragraph 10.05. 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 Times (or Milestones), or both, directly attribut- able to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof; CONTRACTOR may make a Claim therefore as provided in paragraph 10.05. 13.05 OWNER May Stop the Work A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop General Conditions Page 00700-35 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, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs; losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period A. If within one year after the date of Substantial' Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract' Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting there from. 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 corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. 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. C. Where defective Work (and damage to other Work resulting there from) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 mane] ittiiie of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefore as provided in paragraph 10.05. If the acceptance occurs after such recommendation, anappropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In General Conditions Page 00700-36 connection with such 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 CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, con- struction 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 representatives, agents and, employees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising die rights and remedies under this paragraph 13.09 will be charged against CONTRACTOR, 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. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefore as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Vahies A. The schedule of values established as provided in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Applica- tion for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date estab- lished for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application 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 and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to pro-gress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 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 indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: General Conditions Page 00700-37 a. the Work has progressed to the point indicated; b. the quality of the Work is generally 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 9.08, and to any other qualifications stated in the recommendation); and c. the conditions precedent to CONTRACTOR's being entitled to such pay- ment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work, 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between • the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recommending payments nor ENGINEER's recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. SEE ALSO SUPLEMENTARY CONDITIONS (SECTION 00800) 5. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a, the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A. C. Payment Becomes Due 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recom- mended will (subject to the provisions of paragraph 14.02.D) become due, and when due will be paid by OWNER to CONTRACTOR. D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWN- ER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWNER to a set off against the amount recommended; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in General Conditions Page 00700-38 paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. 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 ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefore. 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 corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefore. If, after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At die time of delivery of the tentative certificate of Substantial Completion ENGINEER 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, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant 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 following conditions. 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 CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not General Conditions Page 00700-39 consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefore. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 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. SEE SUPLEMENTARY CONDITIONS (SECTION 00800) N i par-te eemplianeeisith the—require„_t..-mph MO —regarding 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with. OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 _ Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment following the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. • 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) 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 responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observa- tion of the Work during construction and final inspection, and ENGINEER's review of the final Application for Payment and accompanying docu- mentation 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, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CON- TRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying documentation, the amount recommended by ENGINEER will become due and, when due, will be paid by OWNER to CON- TRACTOR. 14.08 Final Completion Delayed A. lf, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that General Conditions Page 00700-40 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 die Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work frilly completed 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 governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER. against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work' appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from, CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by CONTRAC- TOR against OWNER other than those previously, made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive 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 adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim therefor as provided in paragraph 10.05. 15.02 OWNER May Terminate for Cause A, The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with die Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materi- als or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equip- ment, 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 fmish 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 all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. 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. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of General Conditions Page 00700-41 OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance with the Contract Docu- ments prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to die provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under die Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual 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. 17.02 Computation of Times A. When any period of time is referred to in die 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 computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and 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, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance General Conditions Page 00700-42 with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. General Conditions Page 00700-43 SECTION 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 ed.) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The terms used in these Supplementary Conditions have the meanings assigned to them in the General Conditions. Additional terms used in these Supplementary Conditions have the meanings indicated below, which are applicable to both the singular and plural thereof. SC-2.02 OWNER shall furnish :to CONTRACTOR up to four (4) copies of the Contract Documents as are reasonably necessary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. SC-2.04 CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run, but no Work shall be done by CONTRACTOR at the Site prior to the Effective Date of the Agreement. SC-2.05.0 The CONTRACTOR shall furnish the ENGINEER with five (5) copies of Certificates of Insurance on all required policies of instirance showing limits of liability as specified. All policies must provide thirty (30) days advance notice to the OWNER and ENGINEER in the event of cancellation, expiration or alteration. Each certificate shall be accompanied by a notarized statement itemizing each and every exclusion of the policy. All certificates shall be submitted with the Agreement for execution. SC-2.06 Within twenty (20) days after the Effective Date of the Agreement, a conference attended by CONTRACTOR, ENGINEER and others as appropriate may be held to establish a working understanding among the parties as to the work and to discuss the schedules referred to in paragraph 2.05.B of the General Conditions, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. SC-2.07 If requested by the OWNER or ENGINEER, at least ten (10) days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.B of the General Conditions. CONTRACTOR shall have an additional ten (10) days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrangement for reviewing and processing the required submittals. Contractors schedule of values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. SC-3.01 In the event of a conflict between the various items which make up the Contract Documents, the following Hierarchy of Documents shall prevail: 1. Contract Change Orders 2. Addenda 3. Special Conditions 4. Agreement 5. Supplementary Conditions 6. General Conditions 7. Teelurical Specifications 8. Drawings. SC-4.02 Reports of subsurface explorations and tests at the project Site are included in Section 00200 of the Bidding Documents. The CONTRACTOR may rely upon the accuracy of the Technical Data contained in such reports as per paragraphs 4.02.B of the General Conditions. Information included in such reports which may be considered Technical Data are: The Boring Method, Plan and Logs, Level of Subsurface Water, Laboratory Test Methods and Results and Similar Factual Data, all as of the dates made. These reports are not part of the Contract Documents, but the Technical Data contained therein upon which the CONTRACTOR is entitled to rely as provided in G.C. 4.02 as identified above are incorporated therein by reference. SC-4.03, 4.04 The plans show certain features of the topography and certain underground utilities, but they do not purport to show in detail all such lines or obstructions. Such topography and notes on the plans were inserted from records available and are for the CONTRACTOR's convenience only, and shall not be used as basis for any claims of extra compensation. All pipes or other underground utilities shall be maintained in continuous service where possible and shall be properly protected and supported. In no case shall interruptions to utilities be allowed to exist outside of working hours. Prior to starting the work, the proper authorities of all utilities shall be notified by the Contractor and the Contractor shall cooperate in every way possible with these authorities. Whenever necessary to determine the location of existing pipes, valves or other underground structures, the CONTRACTOR shall examine all available records and shall make all explorations and excavations necessary for such purpose. SC-5.01 Add the following new paragraph immediately after paragraph 5.01.0 of the General Conditions: D. Prior to commencing work, payment and performance bonds required by this contract shall be filed in the public records of the county where said is performed pursuant to the requirements of Section 255.05, Florida Statutes. SC-5.04 Conditions: Add the following new paragraph immediately after paragraph 5.04.B of the General C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Workers' Compensation and related coverages under paragraphs 5.04.A.1 and 5.04.A.2 of the General Conditions: a.) State: Statutory b.) Applicable Federal (e.g. Longshoreman's): Statutory c.) Employer's Liability $1,000,000 2. CONTRACTOR's Liability Insurance under paragraphs 5.04.A.3 through A.6 of the General Conditions which shall also include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care custody and control of the CONTRACTOR: a.) General Aggregate (Except Products - Completed Operations) $2,000 000 b.) Products - Completed Operations Aggregate $2 000 000 c.) Personal and Advertising Injury (Per Person/Organization) $1 000 000 d.) Each Occurrence (Bodily Injury and Property Damage) $1,000,000 e.) Property Damage Liability Insurance will provide Explosion, Collapse and Underground coverages where applicable. f) Excess Liability General Aggregate $2 000,000 Each Occurrence $2,000,000 3. Automobile Liability: a.) Bodily Injury: b.) Property Damage: OR c.) Combined Single Limit (Bodily Injury and Property Damage): $1,000,000 Each Person $1,000,000 Each Accident $500,000 Each Accident $2 000 000 Each Accident 4. In addition to the requirements of Paragraph 5.04.B.1 of the General Conditions concerning the naming of the Owner, Engineer, and Engineer's consultants as additional insureds under the CONTRACTOR's General Liability Policy. Also, the CONTRACTOR shall at his expense provide an OWNER's and CONTRACTOR's Protective Liability Policy issued in the name of the OWNER and ENGINEER covering the CONTRACTOR's obligations under Paragraph 5.04.B.4 of the General Conditions. Coverage shall be provided under this policy for not less than the following amounts: (1) Bodily Injury: (2) Property Damage: SC-5.07 $1,000,000 Each Occurrence $1,000,000 Each Occurrence $1,000,000 Annual Aggregate A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs SC 5.06 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplementary Conditions to be listed as insured or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. C. Any insurance policy maintained by CONTRACTOR covering any loss, damage or consequential loss referred to in this paragraph SC 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of recovery against OWNER, Subcontractors, 'ENGINEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents and other consultants and subcontractors of each and any of them. SC-6.06.B The CONTRACTOR, , shall identify Subcontractors, Suppliers, or other persons or organizations as follows: 1) Prior to the Effective Date of the Agreement, the CONTRACTOR shall within seven (7) days of the receipt of a Written Request from the OWNER or the ENGINEER identify Subcontractors, Suppliers, or others specifically requested. 2) Within thirty (30) days following the Effective Date of the Agreement, all Subcontractors shall be identified. SC-6.06.0 OWNER or ENGINEER may furnish to any such Subcontractor, Supplier or other individual or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of work performed for Contractor by a particular Subcontractor, supplier, or other individual or entity. SC-6.13 The following paragraphs shall apply in addition to the requirements in 6.13 of the General Conditions: CONTRACTOR agrees to waive any claim against OWNER and OWNER's agents, architects, engineers, consultants, and their employees acting within the scope of their duties, and to defend, indemnify, and hold them harmless from any claim or liability for injury or loss that allegedly arises from CONTRACTOR's performance of the work described herein. CONTRACTOR will require all SUBCONTRACTORS to conform with this provision before they start any work. CONTRACTOR shall insure this provision in conformity with the insurance provisions of this CONTRACT. Until final acceptance of the Work by the ENGINEER as evidenced by approval of the final estimate, the Work shall be in the custody and under1he charge and care of the CONTRACTOR and he shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from execution or from the non -execution of the Work, unless otherwise provided for elsewhere in the Specifications or Contract. The CONTRACTOR shall rebuild, repair; restore and make good, without extra compensation, all injuries or damages to any portion of the work occasioned by any of the above causes before its completion and acceptance, and shall bear the expenses thereof. In case of suspension of the Work from any cause whatever, the CONTRACTOR shall be responsible for all materials and equipment and shall properly store them if necessary and shall provide suitable shelter from damage and shall erect temporary structures where necessary. SC-11.03.0 Paragraph 11.03.0 of the General Conditions is hereby deleted in its entirety and the following is substituted in its place: "C. The unit price of an item of Unit Price Work shall be subject to reevaluation and adjustment under the following conditions: 1. If the total cost of a particular item of Unit Price Work amounts to five percent (5%) or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than twenty-five percent (25%) from the estimated quantity of such item indicated in the Agreement; and 2. If there is no corresponding adjustment with respect to any other item of Work; and 3. If CONTRACTOR believes that it has incurred additional expense as a result thereof; or if OWNER believes that the quantity variation entitles it to an adjustment in the Unit Price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 10 if the parties are unable to agree as to the effect of any such variations in the quantity of Unit Price Work performed." SC-13.03.B CONTRACTOR shall employ and pay for the services of an independent testing laboratory acceptable to the OWNER and the ENGINEER to perform all inspections, tests, or approvals required by the Contract Documents except: 1. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B of the General Conditions shall be paid as provided in said paragraph 13.04.B; and 2. as otherwise specifically provided in the Contract Documents. 14.02.13.5 In addition to reasons listed in G.C. 14.02.B.5.a through 14.02.B.5.d, the ENGINEER may refuse to recommend the whole or any part of any payment to the CONTRACTOR because liability for liquidated damages has been incurred by the CONTRACTOR. S.C: 14.05.A Add the following new paragraph immediately after paragraph 14.05.A.1 winch is to read as follows: 2. OWNER may at any time request CONTRACTOR 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 thereafter 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 writing 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 lists 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, insurance, warranties and guarantees for that part of the Work which will become binding upon OWNER and CONTRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writing 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. SC-17.01 In addition to the provisions of paragraph 17.01 of the General Conditions, written Notice to the CONTRACTOR shall be deemed to have been given if delivered in person to the • CONTRACTOR's authorized representative on the project site. END OF SECTION 00800. SECTION 00810 SPECIAL CONDITIONS 1. PERFORMANCE AND PAYMENT BONDS The Contractor shall, along 'with the executed Contract, furnish the Owner with a Performance Bond and a Payment Bond in penal sums equal to the amount of the CONTRACT PRICE, conditioned upon the performance by the Contractor of all undertakings, covenants, terms, conditions and agreements of the Contract Documents, and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the work provided by the Contractor and a corporated bonding company licensed to transact such business in the state in which the work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570. The expense of these bonds shall be borne by the Contractor. If at any time a surety on any such Bond is declared a bankrupt or loses its rights to do business in the state in which the work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the Owner to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the Owner. The premiums on such bond shall not be deemed due nor shall be made until the new surety or sureties shall have furnished an acceptable bond to the Owner. 2. INSPECTION FACILITIES The Contractor shall at all times'provide access to, and all means necessary to provide for inspection of all parts of the work by the Engineer. 3. UTILITIES The Contractor shall be responsible for any damage done by him or any of his subcontractors to all utilities within the limits of the work. It shall be his responsibility to locate and determine the depth of the existing utilities and manholes as far ahead of his operations as practicable and shall keep the Engineer informed of possible vertical and horizontal conflicts. The Engineer shall adjust the alignment and/or profile of the proposed facilities insofar as practically feasible to eliminate potential conflicts. Unavoidable conflicts will be eliminated as described below. Should any utilities or appurtenances be damaged by the Contractor's activities and operations under this contract, the Contractor shall cause the necessary repairs to be made and shall pay the entire cost thereof without compensation. Temporary repairs may be made by the Contractor to utilities damaged by his operations when such utilities are to be relocated, provided such temporary repairs are adequate to maintain the utility in service until the permanent relocation or adjustment is made. No separate compensation shall be allowed the Contractor for any work required by this paragraph due to conflicts with lines and appurtenances or as a result of grade revisions. a. High Pressure Gas Lines: Where they interfere with work, high-pressure gas lines and appurtenances will be moved by the Okaloosa Gas Distric. The Contractor shall pay any charges made by the Gas District. b. Low Pressure Gas Lines: Where they interfere with work, low pressure gas lines and appurtenances will be moved by the Contractor at no expense to the Owner. c. Sanitary Sewers: Where they interfere with the work, existing sanitary sewer lines and laterals will be moved by the Contractor. The Contractor shall notify the Director of the Water and Sewer System at least twenty-four (24) hours prior to the initiation of any such relocation work. d. Water Lines: Where water lines interfere with the work they will be relocated by the Contractor. The Contractor shall notify the Director of the Water and Sewer System at least twenty-four (24) hours prior to the initiation of any such relocation work. e. Storm Drainage Pipe: The Contractor shall excavate a sufficient distance ahead of his work to allow the Engineer time and space to resolve conflicts with any storm drainage pipes which are not shown on the plans. It is the Contractor's responsibility to protect all existing storm drainage pipes which interfere with his operations. When the plans do not indicate the conflict and the Engineer finds that the conflict creates an undue hardship on the Contractor or calls for work outside the scope of the contract, the Engineer will determine the most appropriate method for resolving the conflict which is satisfactory to both the Owner and the Contractor. This additional work shall be handled by contract change order or field instructions by the Engineer or his representative depending upon the extent and cost of said additional work. 4. CONTRACTOR'S RESPONSIBILITY FOR WORK Until final acceptance of the work by the Owner, the work shall be in the custody and under the charge and care of the Contractor and he shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from execution or from the non -execution of the work, unless otherwise provided for elsewhere in the Contract Documents. The Contractor shall rebuild, repair, restore, and make good, without extra compensation, all injuries or damages to any portion of the work occasioned by any of the above causes before its completion and acceptance, and shall bear the expenses thereof. In case of suspension of the work from any cause whatever, the Contractor shall be responsible for all materials and equipment and shall properly store them, if necessary, and shall provide suitable shelter from damage and shall erect temporary structures where necessary. 5. EXTRA CHARGES Upon receiving a change order or field order, the Contractor shall notify the Engineer of any additional charges the Contractor feels he is due prior to initiating the work under consideration. 6. EXAMINATION OF PLANS, SPECIFICATIONS, SUPPLEMENTARY CONDITIONS, AND SITE WORK Before submitting a proposal, bidders shall examine carefidly the site of the proposed work, the general and local conditions, the proposal form, standard specifications, supplemental specifications, provisions, and the contract and bond forms, and it is mutually agreed that the submission of a proposal shall be prima facie evidence that the bidder has made such examination and has judged for and satisfied himself as to the surface and subsurface conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished , and as to the requirements of plans, standard specifications, supplemental specifications, special proyision contract, and bonds.' No adjustments or compensation will be allowed for losses caused by failure to comply with this requirement. Bidders are advised that the Owner disclaims responsibility for any opinions, conclusions, interpretations, or deductions that may be expressed or implied in any of the information presented or made available to bidders; it being expressly understood that the making of deductions, interpretations, and conclusions from all of the accessible factual information is the bidder's sole responsibility. 7. SUBSURFACE CONDITIONS The Contractor shall check all subsurface conditions and satisfy himself on those conditions before submitting a bid. Subsurface conditions discovered during construction shall not be a basis for extra compensation. 8. ENVIRONMENTAL CONTROL The Contractor shall insure that good environmental protection practices and methods are instituted to protect surface waters from excessive silt, sediments and nutrients caused by his construction operations. Storm drainage facilities and temporary dikes, checks, chamnelization, grassing and any other prudent control shall be installed in the initial stages and as necessary in order to fulfill the requirements set forth in the above regulations. The Contractor shall be responsible for all environmental damages caused by his operations. Cost for complying with these regulations shall be considered incidental to the work on the bid schedule and no separate payment will be made. 9. PROSECUTION OF WORK a. All the work shall be prosecuted in a manner which according to local conditions shall be best calculated to promote rapidity in construction, to secure safety to life and property and also to reduce to a minimum any interference with abutting property or public travel. b. The Contractor shall conduct his operations diligently in all parts of the work, coordinating his part so that the completion of the work shall not be unnecessarily delayed. 10. USE OF ADJOINING PROPERTY Whenever it is necessaryfor the Contractor to occupy or otherwise use land adjacent to the work which is not the property of the Owner or for use of which no permit has been granted, the Contractor must make his own arrangements with the Owner of such property. 11. SAFETY AND HEALTH REGULATIONS The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under Occupational Safety and Health Act of 1970 (PL-91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL-91-54). 12. OBSERVANCE OF LAWS AND REGULATIONS The Contractor shall keep himself informed of all laws, ordinances, and regulations in any manner affecting those employed on the work, or the materials used in the work, or in any way affecting the conduct of the work, and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times himself observe and comply with, and shall require all his agents, employees and subcontractors to observe and comply with all such applicable laws, ordinances, regulations, orders and decrees in effect or which may become effective before completion of this contract; and shall protect and indemnify the Owner against any claim of liability arising from or based upon the violation of any such law, ordinance, regulation, order, or decree, whether by himself, his employees or his subcontractors. When local or state laws or ordinances conflict with federal laws or regulations, federal laws or regulations shall take precedence. 13. FINAL CONSTRUCTION INSPECTION Whenever the Contractor considers the work required by the contract is nearing completion and ready for use, he shall notify the Engineer and request an inspection of substantial completion. Within five (5) days after receiving the notification by the Contractor, the Engineer will inspect all work in the contract. If the Engineer finds that the work has been substantially completed, he will issue a letter of substantial completion. If the Engineer finds that the work has not been substantially completed at the time of such inspection, he will advise the Contractor in writing as to the work to be done or the particular defects in the construction discovered during the inspection. After such work has been completed satisfactorily, the Engineer will re -inspect the work for substantial completion. When the Contractor considers the work completed, he shall notify the Engineer and request a final inspection. Within five (5) days after receiving the notification by the Contractor, the Engineer shall conduct a final inspection. If the Engineer finds the work has been completed, he will issue a letter stating that the project is complete. If the Engineer finds that the work has not been completed at the time of the inspection, he will advise the Contractor in writing as to the work to be done to complete the project. After such work has been satisfactorily completed, the Engineer will re -inspect the work. When the Engineer considers the 'work complete, he will issue a letter of final completion. 14. EQUIPMENT AND MATERIALS REMOVED All equipment and materials removed and/or replaced in the contract which the Owner wants shall become the property of the Owner and shall be placed at a location on the site designated by the Owner. All other equipment and materials which the Owner does not want shall be disposed of off -site at the expense of the Contractor. The Owner shall be final judge of what is salvageable. 15. REMOVAL OF DEBRIS The Contractor shall frequently clean up all refuse, rubbish, scrap materials and debris caused by his operations, so thatat all times the site of the work shall present a neat, orderly and workmanlike appearance. 16. TEMPORARY ROADS, DETOURS AND MAINTENANCE OF ACCESS a. Detours and temporary structures necessary for travel during the prosecutions of the work will be at the expense of the Contractor. b. No section of the work shall be closed to traffic unless approved by the Engineer. Suitable signs indicating "Road Closed" or "Detour" shall be erected by the Contractor as ordered by the Engineer at no expense. c. If in the opinion of the Engineer the Contractor does not comply with the above requirements such work as the Engineer may deem necessary may be performed by others at the direction of the Engineer and the charges therefor held from any money due or to become due to the Contractor on this or any other Contract. 17. RESTORATION OF THE GROUNDS As the work progresses and whenever so directed by the Engineer, the Contractor is to remove all surplus material and completely restore to good condition, all surface, disturbed, destroyed or removed by the Contractor, or his agent, or on account of construction. When the Contractor fails to promptly restore the streets or other property, the Engineer, after having given three (3) days notice to the Contractor shall have the work shut down until the streets and other property have been restored. Loss of time due to such shut -down will not entitle the Contractor to any extension of time or extra compensation. Before final inspection is made, all surfaces disturbed on account of this construction shall be leveled up and all surplus material and rubbish incident to the construction must be removed and disposed of and streets, gutters, ditches, sidewalks, crossings, railroads, grass plots and other property affected by the Construction shall be left in good and acceptable condition. 18. UNDERGROUND UTILITIES AND SERVICES The plans show certain features of the topography and certain underground utilities, but they do not purport to show in detail all such lines or obstructions. Such topography and notes on the plans were inserted from records available and are for the Contractor's convenience only, and shall not be used as basis for any claims of extra compensation. All pipes or other underground utilities shall be maintained in continuous service where possible and shall be properly protected and supported. In no case shall interruptions to utilities be allowed to exist outside of working hours. Prior to starting the work, the proper authorities of all utilities shall be notified by the Contractor and the Contradtor - shall cooperate in every way possible with these authorities. Whenever necessary to determine the location of existing pipes, valves or other underground structures, the Contractor shall examine all available records and shall made all explorations and excavations necessary for such purpose. 19. CHEMICALS All chemicals used during project construction or furnished for project operation, whether herbicide, pesticide, disinfectant, polymer, reactant or other classification, must show approval of either EPA or USDA. Use of such chemicals and disposal of residues shall be in strict conformance with manufacturer's instructions. 20. COOPERATION BETWEEN CONTRACTORS Contractor shall cooperate to the fullest extent in order to expedite the completion of the entire project. Any contractor deemed by the Engineer to be in violation of this clause can be subject to disciplinary action including but not limited to fines to be paid to the Owner or direct payment to other contractors. 2I . DAMAGE BETWEEN CONTRACTORS If a Contractor damages any of the work performed by another contractor, that contractor causing the damage shall replace, repair, or make any other compensation deemed appropriate by the Engineer to the Contractor who did the original work. 22. PROJECT WARRANTY The five-year warranty period provided under this contract shall begin on the date of the final inspection when the Engineer certifies the project substantially complete. In accordance with Section 29 of the General Conditions, this warranty shall cover defects in all material, equipment, and labor furnished under this contract. All manufacturers of equipment famished under this contract shall, as a minimum, provide separate warranties to both the Owner and the Contractor covering all parts, labor, shipping and handling charges for repairing or replacing equipment which proves defective during normal use for 1. Five years from date of shipment, or 2. Five years from date of substantial completion, whichever occurs earlier regardless of the date the equipment is placed in interim service. Included in each equipment manufacturer's submittal data shall be a certified statement that the manufacturer will comply with the above warranty provisions. In the event that the manufacturer's warranty expires prior to the Contractor's warranty, the Contractor shall assume full responsibility, for all equipment warranties to the Owner for the remainder of the contract warranty period. END OF SECTION 00810. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 05/01/2020 Arthur J. Gallagher Risk Services for CoAdvantage Jeffrey Rendel 250 Tequesta Drive Tequesta, FL 33418 (866) 854-5423 coi@coadvantage.com American Zurich Insurance Company 40142 CoAdvantage Corporation Alt. Emp: Signs Galore, Inc 3350 Buschwood Park Drive #200 Tampa, FL 33618 Coverage is provided for only those co-employees of, but not subcontractors to: WC 56-11-942-06 04/01/2020 04/01/2020 04/01/2021 04/01/2021 2,000,000 2,000,000 2,000,000 20FL090958822 376620-FL Signs Galore, Inc 111 Hammock St Crestview, FL 32536 City of Crestview 198 Wilson Street North Crestview, FL 32536 Client# A Location Coverage Period: X ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/7/2020 (850) 389-2001 (888) 689-2074 42579 Signs Galore, Inc. Michael Rutledge 111 Hammock Street Crestview, FL 32536 A 2,000,000 X ACPGLPO5976081607 3/22/2020 3/22/2021 100,000 5,000 2,000,000 4,000,000 4,000,000 1,000,000A ACPGLPO5976081607 3/22/2020 3/22/2021 PIP 10,000 A Business Auto ACPGLPO5976081607 3/22/2020 3/22/2021 Deductible each 1,000 Electrical Sign Contractor License # ES12001341 Copier Agreement number 0031428354000 covered under Business Personal Property 2015 VIN 1FDUF5GT3FEB72706 2006 VIN 1HTMMAAP26H332719 2016 F 550 VIN 1FDUF5GT9GEC89255 Stated Amount $80,000 SEE ATTACHED ACORD 101 City of Crestview 198 Wilson Street North Crestview, FL 32536 SIGNGAL-01 SEICHORST Barbee Jackson Insurance 2213 S Ferdon Blvd Crestview, FL 32536 Craig Barbee services@barbeejackson.com Allied P & C Insurance Company X X X X FORM NUMBER: EFFECTIVE DATE: The ACORD name and logo are registered marks of ACORD ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE FORM TITLE: Page of THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01) AGENCY CUSTOMER ID: LOC #: AGENCY NAMED INSURED POLICY NUMBER CARRIER NAIC CODE © 2008 ACORD CORPORATION. All rights reserved. Barbee Jackson Insurance SIGNGAL-01 SEE PAGE 1 1 SEE PAGE 1 ACORD 25 Certificate of Liability Insurance 1 SEE P 1 Signs Galore, Inc. Michael Rutledge 111 Hammock Street Crestview, FL 32536 SEE PAGE 1 SEICHORST 1 Description of Operations/Locations/Vehicles: Electrical Sign Contractor License #ES12001341 The certificate holder is also listed as additional insured. APPENDIX ADDENDUM NO. 1 TO: Signs Galore PROJECT: CRA GATEWAY SIGNAGE BID TIME AND DATE: Negotiated Quote OWNER: Crestview Redevelopment Agency (CRA) August 7, 2019 ITEM NO. 1 — Agenda from Special CRA Meeting (7/22/19) CRA Board action on July 22; 2019 authorized the following recommended action: 5.1 Waive the purchasing policy regarding bids for the remaining two Gateway signs that were approved in January of 2018. 5.2 Approve a budget of not to exceed $250,000 for the Gateway sign project 5.3 Approve staff to negotiate with Signs Galore on a final statement of work and to allow the City Manager to have the authority to approve any change orders and send final documents to Mayor and City Clerk for signatures. Authorization for approval is reflected in the minutes of the 7/22/19 meeting minutes. The Agenda for the meeting including the Gateway Signage agenda item is included as an attachment to this Addendum (16 pages). Beth Brant, PE Beth Brant, P.E. - POLY, Inc. Addendum No, 1 - Page 1 of 17 CITY OF CRESTVIEW CRA OFFICE OF THE CITY CLERK P.O. DRAWER 1209, CRESTVIEW, FLORIDA 32536 Phone # (850) 682-1560 Fax # (850) 682-8077 July 22, 2019 5:30 PM Council Chambers CRA Special Meeting 1. Call to Order 2. Invocation, Pledge of Allegiance 3. Open Policy Making and Legislative Session 4. Approve Agenda 5. Reports and Presentations 6. Approval of Minutes 7. Public Opportunity on Council propositions none 8. Consent Agenda 9. Action Items 9.1. Approval of the Gateway Sign bids 10. Comments from the Audience 11. Comments from the Board 12. Comments from the Attorney 13. CRA Director Report 14. City Manager/CRA Administrator Report 15. Adjournment CITY OF CRESTVIEW CRA OFFICE OF THE CITY CLERK P.O. DRAWER 1209, CRESTVIEW, FLORIDA 32536 Phone # (850) 682-1560 Fax # (850) 682-8077 July 22, 2019 5:30 PM Council Chambers CRA Special Meeting 1. Call to Order 2. Pledge of Allegiance 3. Open Policy Making and Legislative Session 4. Approve Agenda 9. Action Items 9.1. Approval of the Gateway Sign bids CITY OF CRESTVIEW ITEM# 9.1 COMMUNITY REDEVELOPMENT AGENCY AGENDA ITEM CRA MEETING DATE: July 22, 2019 TYPE OF AGENDA ITEM: Action Items TO: CRA BOARD CC: City Manager Staff and Attorney FROM: CRA Director, Elizabeth Roy DATE: July 16, 2019 SUBJECT: Gateway sign Bids 1. BACKGROUND: 1.1. The process for the Gateway sign project began in January of 2018 with the presentation to the Board of the sign concepts.The estimated cost provided for budget purposes at that time was $203,500. 2. DISCUSSION: 2.1. After the approval by the Board, the process of designing the signs and bidding the project began. POLY Engineering, a design firm with the City of Crestview, developed the plans and bid package for the CRA. 2.2. After the completion of the package an ad was run in January of 2019 to solicit bids for construction of the first sign, the planter to be placed on the south entrance to the CRA District 2.2.1. The bids were due on February 19, 2019 and no bids were received. 2.2.2. The bid solicitation went out a second time in April of 2019, for bids to be returned May 18, 2019. Again, no bids were received 2.3. At the June 10, 2019 CRA Board meeting, the CRA staff asked that the purchasing policy be waived for the Gateway signs so the staff could solicit quotes directly. 2.4. CRA staff contacted a local sign company that has done work for the City of Crestview in the past. Staff also contacted POLY Engineering to determine if they had vendors who would be interested in providing a quote. 2.5. In July, CRA staff received quotes from Signs Galore, a Crestview based company. This company does the sign work for the City of Crestview. No other companies have contacted the staff or offered bids. 2.6. Staff requested bids for all three of the signs as it was noted no one bid on first sign and reasonable thought would prevail that we would have the same result with subsequent bids. Page 1 or2 3. GOALS & OBJECTIVES: 3.1. This Item is consistent with the CRA Strategic Plan 2020 Gateway to Opportunities as follows: 3.1.1. To revitalize the district capitalizing on current resources and recognized opportunities 3.1.1.1. Develop green space, open space parks, and public plaza programs and promote connectivity within the community. 3.1.2. Market the District 3.1.2.1. Cleary identify "Historic Downtown Crestview" and direct visitors and locals to the District 3.1.2.2. Develop "Gateways to Crestview" 3.1.2.3. Develop a cohesive "family" of wayfinding signs for the downtown/CRA district 4. FINANCIAL IMPACT: 4.1. The attached quotes from Signs Galore total $227,033.32, which is $23,533.32 over the original Budget. This quote covers all the sighs that were approved by the CRA Board in January of 2018. 4.1.1. The additional funds may betaken from the savings of the CRA director position being eliminated in the 2018-2019,budget. These savings were $27,088. There is also a savings of approximately $12i000 in the legal line item of the 2018-2019 budget based on current estimates. 4.1.2. Staff is requesting a budget of $250,000 for the sign project, which allows for the normal 10% possible cost overruns 'that may be encountered, along with any costs that may be born by the City of Crestview such as irrigation and landscaping. 5. RECOMMENDED ACTION: 5.1. Staff respectfully requests that the CRA Board waive the purchasing policy regarding bids for the remaining two Gateway signs that were approved in January of 2018. 5.2. Staff respectfully requests the CRA board approve a budget of not to exceed $250,000 for the Gateway sign project 5.3. Staff respectfully requests approval for staff to negotiate with Signs Galore on a final statement of work and to allow the City Manager have the authority to approve any change orders and send final documents to Mayor and City clerk for signatures. 6. Attachments: 6.1 Planter sign quote 6.2 Archway sign quote 6.3 Tower sign quote Page 2 of 2 Signs Galore, Inc. 111 Hammock Rd. Crestview, FL 32536 Ph: (850) 683-8010 FAX: (850) 689-0225 Email: billing@signsgaloreinc.com Web: http://www.signsgaloreinc.com Estimate #: 3094 Page 1 of 2 Created Date: Salesperson: Email: Office Phone: Office Fax: Entered by: 7/5/2019 12:48:00PM Prepared For: Michael Rutledge Contact: michael©signsgaloreinc.com Office Phone: (850) 683-8010 (850) 689-0225 Email: Michael Rutledge Address: CITY OF CRESTVIEW COMMUNITY REDEVELOPMENT Ai Elizabeth Roy, City Clerk (850) 682-1560 eliza bethroy@cityofcrestvlew.org 198 North Wilson St Crestview, FL 32536 Description: New Gateway Planter Sign Constructed and Installed To Engineers Specifications Quantity Product: Dimensional Letters (Flat Cut) 32 Description: Fabricated Dimensional Aluminum Letters Stud Mounted To Monument. • 1 Set(s) of 8 In Dimensional Letters, for a total of 32 letters, made from Aluminum-.040 White 48 x 96 stock material • Text: WELCOME TO HISTORIC ESTABLISHED 1916, in Times New Roman Font. • Painting Primer: Paint Primers-Standard:Face: Paint Types Pittsburg Black, Face Trim: Paint Types Pittsburg Black, Quantity 2` Product: Wide Format Prints 2 Description: Digital Print On ACM With UV Over Laminate, Mounted to Brick Base. • 2- 17 in (H) x 17In (W) Single Sided Print(s) made from 3MIJ3554150 stock material • Mounted on: 6mm polymetal black 4x8 • Laminated with Clearlam54100 on face Quantity 3 Product: Pylons 1 Description: Footer, Block, Brick, Mortar, Sand, Rebar, Concrete. Excavate footer, pour concrete footer with rebar mat and vertical rebar uprights. Lay CMU blockandBrick. Finish with EIFS Stucco Cap, Cast Stone Cap and Metal Column Caps. • 1) 0 ft Pylon I Poles • 0 • FOUNDATION • 7.4 ft wide x 20 ft long 28 in deep excavation • 12.7901234567901 cu yd • Sand soil to 16 in • 360 L.F., Foundation Material-Rebar 0.5 x 72 in • 2640 Ea., Standard Brick • 12 Cu, Yds., Concrete, 3000psi mix • 1 Ea., Excavator Expense • 480 Ea., CMU Block Quantity 4 Product: Misc 2 Description: Decorative Sconce Style Lighting Fixtures. Owner required to provide power to the site. • 2 Ea., Decorative LED Lighting Fixtures Print Date: 10/15/2019 1:42:49PM Custom Sign Specialist :opts SIQne•ServIce•ttoparel ,. Signs Galore, Inc. 111 Hammock Rd. Crestview, FL 32536 Ph: (850) 683-8010 FAX: (850) 689-0225 Email: billing@signsgaloreinc.com Web: http://www.signsgaloreinc.com Payment Terms: Balance due upon receipt. Client Reply Request El Estimate Accepted "As Is". Please proceed with Order. Other: Estimate #: 3349 Page 2 of 2 Estimate Total: $105,303.71 Subtotal: $105,303.71 Total: $105,303.71 Deposit Required: $52,651.86 pi Changes required, please contact me. SIGN: Date: / / Print Date: 10/15/2019 1:47:00PM Custom Sign Specialist Signs Galore, Inc. 111 Hammock Rd. Crestview, FL 32536 Ph: (850) 683-8010 FAX: (850) 689-0225 Email: billing@signsgaloreinc.com Web: http://www.signsgaloreinc.com Estimate #: 3094 Page 1 of 2 Created Date: Salesperson: Email: Office Phone: Office Fax: Entered by: 7/5/2019 12:48:00PM Prepared For: Michael Rutledge Contact: michael@signsgaloreinc.com Office Phone: (850) 683-8010 (850) 689-0225 Email: Michael Rutledge Address: CITY OF CRESTVIEW COMMUNITY REDEVELOPMENT Ai Elizabeth Roy, City Clerk (850) 682-1560 ellzabethroy@cityofcrestview.org 198 North Wilson St Crestview, FL 32536 Description: New Gateway Planter Sign Constructed and Installed To Engineers Specifications Quantity Product: Dimensional Letters (Flat Cut) 32 Description: Fabricated Dimensional Aluminum Letters Stud Mounted To Monument. • 1 Set(s) of 8 in Dimensional Letters, for a total of 32 tellers, made from Aluminum-.040 White 48 x 96 stock material • Text: WELCOME TO HISTORIC ESTABLISHED 1916, in Times New Roman Font. • Painting Primer: Paint Primers -Standard, -face: Paint Types Pittsburg Black, Face Trim: Paint Types Pittsburg Black, Quantity 2 Product: Wide Format Prints 2 Description: Digital Print On ACM Wth UV Over Laminate, Mounted to Brick Base. • 2-17 In (H) x 17 in (W) Single Sided Print(s) made from 3MIJ3554150 stock material • Mounted on: 6mm polymetal black 4x8 • Laminated with Clearlam54100 on face Quantity 3' IProduct: Pylons 1 Description: Footer, Block, Brick, Mortar, Sand, Rebar; Concrete. Excavate footer, pour concrete tooter with rebar mat and vertical rebar uprights. Lay CMU block and Brick, Finish with EIFS Stucco Cap, Cast Stone Cap and Metal Column Caps. • 1) 0 ft Pylon / Poles • 0 • FOUNDATION • 7.4 ft wide x 20 ft long 28 in deep excavation • 12.7901234567901 cu yd • Sand soil to 16 in • 360 L.F., Foundation Material-Rebar 0.5 x 72 in • 2640 Ea., Standard Brick • 12 Cu. Yds., Concrete, 3000psi mix • 1 Ea., Excavator Expense • 480 Ea., CMU Block Quantity 4 Product: Misc 2 Description: Decorative Sconce Style Lighting Fixtures. Owner required to provide power to the site. • 2 Ea., Decorative LED Lighting Fixtures Print Date: 10/15/2019 1:42:49PM Custom Sign Specialist Signs Galore, Inc. 111 Hammock Rd. Crestview, FL 32536 Ph: (850) 683-8010 FAX: (850) 689-0225 Email; billing@signsgaloreinc.com Web: http://www.signsgaloreinc.com Quantity Estimate #: 3094 Page 2 of 2 5 Product: Misc Description: Meter Can and Sub Panel with Breakers • 1 Ea., Meter Can and Sub Panel Payment Terms: Balance due upon receipt. Client Reply Request Ej Estimate Accepted "As Is". Please proceed with Order. ❑ Other: 1 Estimate Total: $38,910.67 Subtotal: $38,910.67 Total: $38,910.67 Deposit Required: $19,455.34 LJ Changes required, please contact me. SIGN: Date: I I Print Date: 10/15/2019 1:42:49PM Custom Sign Specialist 6.5%1KV'INthie BIgnc•BervICe•Bpparel Signs Galore, Inc. 111 Hammock Rd. Crestview, FL 32536 Ph: (850) 683-8010 FAX: (850) 689-0225 Email: billing@signsgaloreinccom Web: http://www.signsgaloreinc.com Estimate #: 3200 Page 1 of 1 Created Date: Salesperson: Email: Office Phone: Office Fax: Entered by: 8/14/2019 1:57:00PM Prepared For: Michael Rutledge Contact: michael@signsgalorelnc.com Office Phone: (850) 683-8010 (850) 689-0225 Email: Michael Rutledge Address: CITY OF CRESTVIEW COMMUNITY REDEVELOPMENT Ai Brenda Smith (850) 689-3722 cra@cityofcrestvlew.org 198 North Wilson St Crestview, FL 32536 Description: 3 Sided Tower Sign With 3 Electronic Message Centers and Directional Signage Quantity Product: Digital Signage 1 Description: Three View 80 x 120 19mm monochrome red.displays. Cabinet size 69" x 97". Cellular modem communication, cloud based software. Installed per approved plans. 1, Display Quantity 2 Product: Pylons 1 Description: Masonry Monument, Poured Concrete Footer Wth Rebar Reinforcement, Poured CMU block with brick and split face block veneer. ° 1) 0 ft Pylon / Poles • 0 • FOUNDATION • 16 ft wide x 8 ft long 32 in deep excavation • 12.641975308642 cu yd • Sand soil to 16 In • 120 Ea., Foundation Materlal-Rebar 0.5 x 72 in • 628 Ea., CMU Block • 1980 Ea., Standard Brick • 22 Cu. Yds., Concrete, 3000psi mix • 240 Ea., Split Face Block Quantity 3 Product: Misc Description: Standing Seam Metal Roof • 1 Ea., Standing Seam Metal Roof Payment Terms: Balance due upon receipt. 1 Estimate Total: $104,594.35 Subtotal: $104,594.35 Total: $104,594.35 Deposit Required: $52,297.18 Client Reply Request El Estimate Accepted "As Is". Please proceed with Order. Other: ❑ Changes required, please contact me. SIGN: Date: / / Print Date: 10/15/2019 1:44:25PM Custom Sign Specialist