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1994 Stormwater Basins 1-8
CONTRACT DOCUMENTS FOR STORMVVATER IMPROVEMENT PLAN BASINS 1-8 AND WATER DISTRIBUTION IMPROVEMENTS VILLAGE OF KEY BISCAYNE Village Council: John F. Festa, Mayor Joe I. Rasco, Vice Mayor Mortimer Fried Raul Llorente Betty Sime Raymond P. Sullivan John Waid C. Samuel Kissinger - Village Manager NOVEMBER 1994 Prepared By: Williams, Hatfield & Stoner, Inc. Consulting Engineers • Planners • Surveyors 3191 Coral Way, Suite 804 Miami, Florida 33145 4072-COV.WPG / 67P/ 111494 ENGINEER'S PROJECr NO. 4072.00 TABLE OF CONTENTS SECTION PAGE NUMBER NOTICE TO CONTRACTORS NTC-1 INSTRUCTIONS TO BIDDERS IB-1 to IB-6 1. Defined Terms IB-1 2. Copies of Bidding Documents IB-1 3. Qualifications of Bidders IB-1 4. Examination of Contract Documents and Site . . IB-1 5. Interpretations IB-2 6. Bid Security IB-2 7. Contract Time IB-3 8. Liquidated Damages IB-3 9. Substitute Material and Equipment IB-3 10. Subcontractors IB-3 11. Proposal IB-4 12. Submission of Bids IB-5 13. Modifications of Withdrawal of Bids IB-5 14. Opening of Bids IB-5 15. Bids to Remain Open I8-5 16. Award of Contract IB-5 17. Performance and Other Bonds IB-6 18. Signing of Agreement IB-6 19. Trench Safety Act IB-6 PROPOSAL P-1 to P-9 AGREEMENT A-1 to A-11 PERFORMANCE AND PAYMENT BOND PB-1 to PB-3 RELEASE OF LIEN RL-1 NOTICE OF AWARD NOA-1 to NOA-2 NOTICE TO PROCEED NTP-1 APPLICATION FOR PAYMENT AP -1 GENERAL CONDITIONS (EJCDC 1990 EDITION) GC -1 to GC -42 SUPPLEMENTARY CONDITIONS SC -1 to SC -14 1. Subcontractors and Principal Material Manufacturers SC -1 2. Insurance SC -1 3. Resident Project Representative SC -2 4. Estimated Quantities SC -3 4072-00A.SPC/67P/111494 i TABLE OF CONTENTS SECTION PAGE NUMBER 5. Deletions and Modifications to the General Conditions SC -3 6. Utilities SC -3 7. Construction Schedule SC -5 8. U.S. Department of Transportation Manual on Uniform Traffic Control Devices SC -7 9. Site Conditions SC -7 10. Definitions SC -7 11. Noise Abatement SC -7 12. Line and Grade SC -8 13. Protection and Restoration of Survey Monuments SC -8 14. Equipment SC -8 15. Storage Sites SC -9 16. Lump Sum Bid Items SC -9 17. Hurricane and Storm Warnings SC -9 18. Dust Prevention SC -9 19. Power SC -9 20. Agreements with Property Owners SC -9 21. Damage to Public or Private Property SC -10 22. Damages for Delay SC -10 23. Compliance with Occupational Safety and Health Act SC -10 24. Public Entity Crimes SC -11 25. Christmas Holiday SC -11 26. Licenses and Permits SC -12 27. Equal Employment Opportunity SC -12 28. Video Record SC -13 29. Contractor's Work Hours SC -13 30. Shop Drawings SC -13 31. Failed Tests SC -14 4072-00A.SPC/67P/111494 ii 3 TABLE OF CONTENTS EXHIBITS SECTION PAGE NUMBER Exhibit A - Village of Key Biscayne Ordinance 93-16 Establishing Prohibitions Against Excessive Noise Exhibit B - Duties, Responsibilities, and Limitations of the Authority of the Resident Project Representative Exhibit C - Sworn Statement on Public Entity Crimes Pursuant to Section 287.133(3)(a), Florida Statutes DETAILED SPECIFICATIONS General Construction Provisions 100 Allowance Account 101 Mobilization and Site Video 102 Maintenance of Traffic 104 Prevention, Control and Abatement of Erosion and Water Control 380 Pavement Restoration 425 Inlets, Manholes and Junction Boxes 430 Pipe Culverts and Storm Sewers 444 Deep Drainage Well System 455 Steel Sheet Piling (Temporary) Water Specifications GEOTECHNICAL ENGINEERING STUDY MIAMI-DADE WATER AND SEWER DEPARTMENT SELECTED STANDARD DETAILS METRO DADE COUNTY - WATER DISTRIBUTION MINORITY SUBCONTRACTORS MINIMUM REQUIREMENTS METRO DADE COUNTY - WATER DISTRIBUTION RESPONSIBLE WAGE AND BENEFITS 4072-00A.SPC/67P/111494 iii GCP-1 to GCP-2 DS -100-1 to DS -100-2 DS -101-1 DS -102-1 to DS -102-2 DS -104-1 DS -380-1 to DS -380-5 DS -425-1 DS -430-1 to DS -430-3 DS -444-1 to DS -444-3 DS -455-1 WS -1 to WS -41 GES-1 to GES-40 18 Pages MD -1 to MD -29 MDC-1 to MDC-37 4 VILLAGE OF KEY BISCAYNE STORMWATER IMPROVEMENT PLAN BASINS 1-8 AND WATER DISTRIBUTION IMPROVEMENTS ADDENDUM NO. 2 March 15, 1995 The following modifications, substitutions, deletions, changes and additions are hereby made to the Specifications, Contract Documents and Plans. 1. The water line construction has been made a separate contract with Miami Dade Water and Sewer Department and is no longer part of this Village of Key Biscayne contract. All references to the Water line construction are therefore eliminated from these documents. 2. The following pages are to be ignored for the purposes of this contract. A-3.17 and A-3.18 WS -1 to WS -41 1-18 MD -1 to MD -29 MDC-1 to MDC-37 Acknowledged By Village of Key Biscayne: Water line Bid Prices Water Specifications Miami -Dade Water and Sewer Department Selected Standard Details Metro Dade County - Water Distribution Minority Subcontractors Minimum Requirements Metro Dade County - Water Distribution Responsible Wage and Benefits By cw1u 1IS Print Name Date ligytpitaft�/ D:\4072\4072ADD2.doc Contractor: the de Mo. p, Inc. By Print Name J rge Juan de M{ /Treasurer VILLAGE OF KEY BISCAYNE STORMWATER IMPROVEMENT PLAN BASINS 1-8 AND WATER DISTRIBUTION IMPROVEMENTS ADDENDUM No 1 December 2, 1994 TO ALL BIDDERS: The following modifications, substitutions, deletions, changes and additions are hereby made to the Specifications, Contract Documents and Plans. The following is used for clarifications in this addendum - insert, delete 1. General Comments resulting from the pre -bid conference. la. The Construction budget for the project is: Stormwater Improvements - 5.9 million Water Improvements - 1 million lb. The wage rates and minority requirements relate to the Water Improvements only. There are no such requirements for the stormwater improvements. 2. Plans: Sheet C - 31 - Revise structure numbers as shown on the Exhibits 1 ,2 & 3. Sheet C - 33 - Revise sheet as shown on Exhibit 4. Sheet C - 34 - Delete profile as shown on Exhibit 5. Sheet C - 35 - Add length as shown on Exhibit 6. Sheet C - 36 - Revise References as shown on Exhibit 7. Sheet C - 41 - Add length as shown on Exhibit 8. Sheet C - 43 - Delete profile as shown on Exhibit 9. 3. Contracts Documents. Page IB-4, paragraph 11.2 shall be deleted and the following inserted: 11.2 Proposals (Bid Forms) must be completed in ink or by typewriter. In case of mathematical errors, the quantity times the unit price will govern and the summary of the bid items costs will govern over the total or subtotal amount. Key Biscayne Basins 1-8 Addendum No 1. December 2, 1994 Page 2 Page IB-4, add paragraph 11.10 as follows: 11.10 The proposal must contain Miami Dade Water and Sewer Departments "SCHEDULE OF PARTICIPATION." This schedule is page MD -22 of the Metro Dade County, Minority Subcontractors Minimum Requirements section located near the end of the contract document. Letters of Intent must be submitted by 4:00pm. December 19. 1994 by all contractors who wish to remain in contention. This form is page MD -23 of the Metro Dade County, Minority Subcontractors Minimum Requirements section. The Letter of Intent must be delivered to: Ms. Alma Santiago Phone: 669-7753 Miami Dade Water & Sewer Fax: 669-7657 3575 S. LeJeune Rd., Room 211 Miami, Fl. 33133 Page IB-6, paragraph 16.7 shall be deleted and the following substituted: 16.7 Reasonable efforts will be made to either award the Contract or reject all bids within ninety (90) calendar days from the date of bid opening. A bidder may not withdraw its bid before the expiration of ninety (90) calendar days from the date of bid opening. A bidder may withdraw its bid after the expiration of ninety (90) days from the date of bid opening by delivering written notice of withdrawal to the Owner. Page IB-6, paragraph 16.8 shall be deleted and the following substituted: 16.8 The Owner reserves the right, at its sole and absolute discretion, to delete the individual stormwater basins 1 - 8 and/or the water distribution improvements. If the Owner elects to delete individual basins or water improvements, the unit prices may be adjusted based on Article 10 of the General Conditions. Page A-4, Paragraph 5.2. Add the following to the first sentence: Upon final completion, Release of Lien and acceptance of the work . . . Page A-4, Paragraph 5.3. Add the following to the first sentence: Ten percent of all monies earned by the Contractor shall be retained by the Owner until 50% completion of the Project. Then five percent of all monies shall be retained until the project is totally completed . . . . Key Biscayne Basins 1-8 Addendum No 1. December 2, 1994 Page 3 Specifications. Page GCP-1, paragraph 2A. add the following to the end of the first paragraph. Specification Sections 100, 101, 102, 104, 380, 425, 430, 444 and 455 are amendments to the FDOT Standard Specifications sections as referenced above. The second part of paragraph 2A shall be deleted and the following inserted: The Florida Department of Transportation "Roadway and Traffic Design Standards" dated January 1994 and all addenda thereto. Page DS -102-1, paragraph 102-2.1 shall be modified as follows: The third paragraph shall read: In performing the work one block at a time, the Contractor shall limit the amount of open ditch at any one time with one crew to one block (maximum 600 feet). The work in each block, including excavation, pipe laying, and backfilling aid , shall be completed before proceeding with the work in the next block. The fourth paragraph shall read: In addition, 1" temporary paving as shown on the Roadway restoration detail shall be placed on a weekly basis to cover the completed pipe sections. See section 380 for additional details. End of Addendum No 1 Prepared by: Linda M. Bell, P.E. Williams, Hatfield & Stoner, Inc. 3191 Coral Way, Suite 804 Miami, FL 33145 Ph: 448-4429 Fax:448-8681 D.\4072\4072ADD1 SPC W. OOD DR. w ` pro ro EXIST. P/PE - - 11.4"7/1QLt //�; Y/- -- -- - . --4. 23 - - -- -- --- -- -- ---- 5X _ 12:2 -?4 2. 3OR DP. 1 T INLET --- -fir - TO REMA/v 41414 --------- �e'B rtA ' 1 R/M'3.50 - {�i rte- DRA/N4 GE WELL. 5EE DETAIL i ----- - ---- STRUCTURE 5frtEET C-45 (BASIN f 3 NOTES -- - - - ; r ' N. INV. -- -tuft---IN-K-{---J2:-40--- - -)2:E� C-2.40 - - -�30=3--� p �P/P Y :30' 3-135X LAPPED.) : -- --- 4I043 ---- * ------- - - f 8S . -i----__ 1. EXlS___ - N�-W .� 2. UNLE515 iTMA T - 1.0.47i-12 __ T{6R/ DRAINA-G£ OTNER I � D/FFER FROM A.G. _ ,PIPES-- E NOTED. Tl1/51 TYP/ ". UNLESS ��_ . RE IB a L Y PIPE 51 L 5/ZE AN A► TfCERW/Sf_-I'vOT,ED., �! ES DD.© AMD !NV'FRTS £LE1 'A TION - - -- --- -- ARE L/5 TEA 1 HARBOR r' `-�- ,' ., r , ' 20r-30" IME OONTRAGrOlr ALL. __ST-RLIC12.1R.E5-. 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P7-7 2 ; T 1 _�.. 5TA.o�- .:, 5' LT. , ,OR ---r--- '7=-T-- -- ' C78'J -� ac W o z 0 D I". 8 8-34 -o co 0 08-38 ' •.. 8.2.40x -$-24_ T. _ - D; _ 40 • Cl) N ots W o z Q .r..« .__ fi - 0 I 1I - T .1 I 1— Lo_ I 4. - 8"5dN /NV. Oa w _ - - , I 1 ----t-T ^ Gc'ANW00D I -------•-EX'& 1: _R- e-- 1 N. i INV. I DR. INLET T a. 3..q.� 1.0 (18 ' R- MA/N .1 : �.��. ' 11 t-- 1 1 , -- __ __ 01 _. _1___ 4-- i - ----�-- - - - 0 = w Q g E = z ttn C7 i I 0 /M z U) 1 r 1 20 I•= t t'�.. 12� 7D' .-d t10; ( If r WILLIAM '\/, CONSUL -PROS:, INV(-) T 1 -8n 1vt1 i 3.17± 1._ _ .. 1 ,..., -r - I - ---- -- - - , ) 4.0 - - - ---- - --- 8-209X 5 TA. 6+33. /t R OR'- C EXI5-T. 1/-iti-7 RIM EL. 4.02 - - 17 L T. - TO-R€MA/N----'Ex/5- 8-21QX 5 TA.10+95. -GREENWOOD- : At Rill EL. - r 1,9'2r DR. ET ---TO---Rt7WV 4.0 - •-- -.... S}IEEt - - c-43 , - - ----.-- (-)8.0 ------------------- -- ------ ------- - ---------- .1.a . NOTICE TO CONTRACTORS Sealed bids will be received until 3 p.m. on Thursday. December 15. 1994, in the Office of the Village Manager, Village of Key Biscayne, 85 West McIntyre Street, Florida, 2nd Floor of the Village Hall, and opened immediately thereafter in the Council Chambers, 2nd Floor of the Village Hall, for Stormwater Improvement Plan Basins 1-8 and Water Distribution Improvements. This project involves construction of stormwater improvements within Basins 1-8 of the Village of Key Biscayne. Work includes approximately 41,300 linear feet stormwater pipe and appurtenances, 19 drainage wells, replacement of the asphaltic concrete roadway pavement and sodding needed for the drainage construction. This project also consists of furnishing and installing approximately 10,000 linear feet of 12 -inch, 8 -inch, and 6 -inch ductile iron potable watermains. Eight (8) fire hydrants, tapping, sleeves, valves and service connections are also included for replacement of existing watermains in the Village of Key Biscayne. A minority subcontractors goal of 15% Hispanic Business Enterprises has been established for the water distribution portion of this work with applicable minimum wage rates. Bidding blanks may be obtained at the Office of the Village Manager. Plans and specifications are on file in the Office of the Village Manager. Drawings and specifications may be obtained by prospective bidders at the Office of the Village Manager after November 17, 1994, for a non-refundable charge of One Hundred Dollars ($120.00) for each complete set. Make checks payable to the Village of Key Biscayne. A certified check, cashier's check, bank officer's check, or bid bond for 5% of the amount bid, made payable to the Village of Key Biscayne, shall accompany each proposal. The Village of Key Biscayne reserves the right to waive any informality in any bid and to reject any or all bids. The Village may award one or several of the individual basins, or the entire project at its discretion. A pre -bid conference will be held on Thursday. December 1. 1994, at 1:30 p.m. at Council Chambers, 2nd floor of the Village Hall, 85 West McIntyre Street. Attendance at the pre -bid conference is highly recommended as a source of information, but is not mandatory. Guido H. Inganzo, Jr. City Clerk 4072-00A.SPC/67P/111494 NTC-1 INSTRUCTIONS TO BIDDERS 1. Defined Terms: Terms used in these Instructions to Bidders, which are defined in the Standard General Conditions of the Construction Contract, Engineers Joint Contract Document Committee (EJCDC) Document 1910-8 (1990 edition) have the meanings assigned to them in the General Conditions. The term "Successful Bidder" means the lowest, qualified, responsive, responsible Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents: 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any , stated in the Notice to Contractors may be obtained from the Owner. 2.2 Complete sets of Contract Documents shall be used in preparing Bids; neither Owner nor Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer in making copies of Bidding Documents available on the above terms do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use. 3. Qualifications of Bidders: No Proposal will be accepted from, nor will any Contract be awarded to, any person or firm who is in arrears to Owner, upon any debt or contract, or who is in default, as surety or otherwise, upon any obligation to said Owner, or who is deemed irresponsible or unreliable by Owner. Owner shall have the right to investigate the financial condition, experience record and equipment of each prospective bidder and determine to Owner's satisfaction the competency of each to undertake this project. All information requested by Owner to assist in this regard shall be furnished by Contractor within five days of such request. 4. Examination of Contract Documents and Site: 4.1 The purpose of this project is to have one Prime Contractor who is responsible for the construction of the stormwater and water distribution improvements in order to provide coordination between disciplines and the least amount of disruption to the residents. The water distribution improvement is a Dade County project and the stormwater is a Village of Key Biscayne project. Each of the separate projects have been designed a nd will be financed and inspected by the respective agencies. The overall contract administration is the responsibility of the Owner (the Village of Key Biscayne). All utilities on one street are intended to be installed at the same time with pavement restoration to follow on a 4072-00A.SPC/67P/091594 IB-1 b weekly basis. See paragraph 16.8 and detailed specifications for additional information. 4.2 Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to familiarize himself with local conditions that may in any manner affect performance of the Work, (c) familiarize himself with federal, state and local laws, ordinances, rules and regulations affecting performance of the Work; and (d) study and carefully correlate his observations with the requirements of Contract Documents. 4.3 Reference is made to the Supplementary Conditions for the identification of available surveys and investigative reports of the site which have been relied upon by Engineer in preparing the Drawings and Specifications. Owner will make copies of such surveys and reports, which are not bound into these documents, available to any Bidder requesting them. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Contract Documents. Before submitting its Bid, each Bidder will, at his own expense, make such additional surveys and investigations as he may deem necessary to determine the site conditions and its affect on the Bid price for performance of the Work within the terms of the Contract Documents. 4.4 The submission of a Bid will constitute an absolute representation by the Bidder that he has complied with every requirement of this Article 4 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 5. Interpretations: All questions about the meaning or intent of the Contract Documents shall be submitted to Engineer in writing. Replies will be issued by addenda and mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids will not be answered. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6. Bid Security: 6.1 The amount and type of Bid Security is stated in the Notice to Contractors. The required security must be in the form of a certified or bank cashier's check made payable to Owner or bid bond issued by a surety licensed to conduct business in the state where the Project is located and named in the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U. S. Treasury Department. 4072-00A.SPC/67P/111494 -7 IB-2 6.2 The Bid Security of the successful Bidder will be retained until he has executed the Agreement and furnished the required Bid Security, whereupon it will be returned; if he fails to execute and deliver the Agreement and furnish the required Contract Security within 15 days of the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of any Bidder whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the executed Agreement is delivered by Owner to Contractor and the required Contract Security is furnished, or the sixty-first day after the Bid opening. Bid Security of other Bidders will be returned within seven days of the Bid opening. 7. Contract Time: The number of days within which, or the date by which, the Work is to be completed is set forth in the Proposal (Bid Form) and will be included in the Agreement. 8. Liquidated Damages: Provisions for liquidated damages, if any, are set forth in the Agreement. 9. Substitute Material and Equipment: The Contract, if awarded, will be on the basis of material and equipment described in the drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the "effective date of the Agreement." The procedure for submittal of any such application by Contractor and consideration of Engineer is set forth in Article 6.7 of the General Conditions which may be supplemented in the Supplementary Conditions. 10. Subcontractors: 10.1 If the Supplementary Conditions or Specifications require the identity of certain subcontractors and other persons and organizations to be submitted to Owner in advance of the Notice of Award, the apparent Successful Bidder, and any other Bidder so requested, will within seven days after the day of the Bid opening submit to Owner a list of all subcontractors and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for those portions of the work as to which such identification is so required. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such subcontractor, person and organization if requested by Owner. 4072-00A.SPC/67P/091594 IB-3 If Owner or Engineer after due investigation has reasonable objection to any proposed subcontractor, or other person or organization, either may before giving the Notice of Award request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid price. If the apparent Successful Bidder declines to make any such substitution, the contract shall not be awarded to such Bidder, but his declining to make any such substitution will not constitute grounds for forfeiting his Bid Security. Any subcontractor, other person or organization so listed and to whom Owner or Engineer does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer. 10.2 No Contractor shall be required to employ any Subcontractor, other person or organization against whom he has reasonable objection. 11. Proposal (Bid Form): 11.1 The Proposal (Bid Form) is attached hereto; additional copies may be obtained from the Owner. 11.2 Proposals (Bid Forms) must be completed in ink or by typewriter. The Total Bid price on the form must be stated in words and numerals; in case of conflict, unit prices will have precedence. 11.3 Bids by corporations must be executed in the corporate name by the president or a vice president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature. 11.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 11.5 All names must be typed or printed below the signature. All signatures shall be dated by the signer. 11.6 The Bid shall contain an acknowledgment of receipt of all addenda (the numbers of which shall be filled in on the Proposal (Bid Form)). 11.7 The address to which communications regarding the Bid are to be directed must be shown. 11.8 The proposal must contain a signed Exhibit "C" - Sworn Statement on Public Entity Crimes. 11.9 The proposal must contain the Proposal Questionnaire (pages P-6 through P-9). 4072-00A.SPC/67P/111494 IB-4 12. Submission of Bids: Bids shall be submitted at the time and place indicated in the Notice to Contractors shall be included in an oaaaue. sealed envelope, marked with the Project title and name and address of the Bidder and accompanied by the Bid Security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. No bid will be received after the specified time. 13. Modification or Withdrawal of Bids: Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 14. Opening of Bids: Bids will be opened publicly and read aloud, and an abstract of the amounts of the base Bids and major alternates (if any) will be made available after the opening of Bids. 15. Bids to Remain Open: All Bids shall remain open for ninety (90) days after the day of the Bid opening, but Owner may, in his sole discretion release any Bid and return the Bid Security prior to that date. The bids may remain open for a longer period with mutual agreement of all bidders. 16. Award of Contract: 16.1 Owner reserves the right to reject any and all Bids and waive any and all informalities and to negotiate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive or conditional Bids. The Owner also reserves the right to add or delete a work item or any portion thereof within this contract at the contracted unit price without penalty to the Owner or Engineer. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 16.2 In evaluating Bids, Owner shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid forms. 16.3 Owner may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the identity of subcontractors and other persons and organizations must be submitted as provided in the Supplementary Conditions or Specifications. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by Owner. 4072-00A.SPC/67P/091594 IB-5 IC 16.4 Owner may conduct such investigations as he deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time. 16.5 Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction. 16.6 If a contract is to be awarded, it will be awarded to the lowest, responsive, responsible Bidder whose evaluation by Owner indicates to Owner that the award will be in the best interests of the Owner. 16.7 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within ninety (90) days after the day of the Bid opening. 16.8 The Owner reserves the right, at its sole and absolute discretion, to award all or part of the individual stormwater basins 1-8 and/or the water distribution improvements. If the Owner elects to award invididual stormwater basins, the unit prices shall remain as stated in the bid. 17. Performance and Other Bonds: Article 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to Owner it shall be accompanied by the required Bid Security. 18. Signing of Agreement: When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least three unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen days thereafter Contractor shall sign and deliver at least three counterparts of the Agreement to Owner with all other Contract Documents attached. Within ten days thereafter Owner will deliver all fully signed counterparts to Contractor. Engineer will identify those portions of the Contract Documents not fully signed by Owner and Contractor and such identification shall be binding on all parties. 19. Trench Safety Act: The purpose and intention of the State of Florida "Trench Safety Act" is to provide for increased worker safety by requiring compliance with sufficient standards for trench safety when the excavation is in excess of five (5) feet deep. The Florida Trench Safety Act is hereby incorporated herein by reference and made a part hereof as though fully set forth herein. By signing and submitting the Proposal, the Bidder certifies that he is fully aware of the Trench Safety Act, and that he is thoroughly knowledgeable of its provisions and referenced data and standards, and further, that he understands what will be required of him should he become the successful Bidder/Contractor when performing trench excavations in excess of five (5) feet deep. 4072-00A.SPC/67P/111494 IB-6 PROPOSAL (BID FORM) the de Moya Group, Inc. 12209 South Dixie Hwy. Proposal of Miami, FL 33156 (Contractor) Address to furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project entitled: Stormwater Improvement Plan Basins 1-8 and Water Distribution Improvements Village of Key Biscayne Engineer's Project No. 4072.00 TO: Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Contract Documents to complete all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Document. 2. BIDDER accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain open for sixty days after the day of Bid opening. BIDDER will sign the Agreement and submit the Contract Security and other documents required by the Contract Documents within fifteen days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: A. BIDDER has examined copies of all the Contract Documents and of the following addenda: (If any addenda have been issued) Date Addenda Number DewZ11I 1 (receipt of all of which is hereby acknowledged) and also copies of the Advertisement for Bids and the Instructions to Bidders; 4072-00A.SPC/67P/082994 L P-1 B. BIDDER has examined the sites and locality where the Work is to be performed, the legal requirements (federal, state and local laws, ordinances, rules and regulations) and the conditions affecting cost, progress or performance of the Work and has made such independent investigations as BIDDER deems necessary. The sites specified are the sites described in the Description of Work and Agreement. C. This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other Bidder or over OWNER. D. The true value of the unit cost times the stated quantity will take precedence over any multiplication or addition errors on the bid tabulation forms. The Owner reserves the right to correct mathematical errors based on the stated unit cost. No changes will be made to the unit cost as stated on the proposal once submitted. 4. BIDDER will complete the Work for the following price(s): 4072-00A.SPC/67P/082994 P-2 CONTRACTOR'S INITIALS DATE: l 7-, I5 - 9 Li ITEM NO. STORMWATER IMPROVEMENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 1 100-1 ALLOWANCE ACCOUNT LS 1 $2,500.00 $2,500.00 101-1 MOBILIZATION LS 1 $17,000.00 $17,000.00 101-2 INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 $2,500.00 $2,500.00 102-7 MAINTENANCE OF TRAFFIC LS 1 $12,000.00 $12,000.00 104-11 FLOATING TURBIDITY BARRIER LF 75 $15.00 $1,125.00 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 40 $15.00 $600.00 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 40 $20.00 $800.00 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 40 $30.00 $1,200.00 380-4 TREE REPLACEMENT EA 8 $400.00 $3,200.00 380-5 PAVEMENT MARKING SF 100 $1.50 $150.00 380-6 PAVEMENT OVERLAY (1") SY 7300 $2.20 $16,060.00 425-1 INLETS (P -BOX) EA 8 $3,100.00 $24,800.00 425-1A INLETS (J -BOX) EA 0 $3,300.00 $0.00 425-2 MANHOLES (P -BOX) EA 11 $2,100.00 $23,100.00 425-2A MANHOLES (J -BOX) EA 0 $3,200.00 $0.00 Note: No unit price is required if there is 0 quantity. BASIN 1 SUBTOTAL: $105,060.00 3.1 CONTRACTOR'S INITIALS DATE: 2--15-g1+ ITEM NO. STORMWATER IMP tbVEMENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 1 425-2B CONFLICT MANHOLES(P-BOX)(Contingency) EA 1 $3,500.00 $3,500.00 425-2C CONFLICT MANHOLES(J-BOX)(Contingency) EA 0 $4,000.00 $0.00 425-4 ADJUSTING INLETS EA 4 $400.00 $1,600.00 425-5 ADJUSTING MANHOLES EA 5 $200.00 $1,000.00 425-11 MODIFYING INLETS EA 1 $1,000.00 $1,000.00 430-1 STORM SEWER PIPE (18") LF 952 $64.00 $60,928.00 430-1A STORM SEWER PIPE (24") LF 1002 $69.00 $69,138.00 430-1 B STORM SEWER PIPE (30") LF 0 $77.00 $0.00 430-1C STORM SEWER PIPE (36") LF 0 $86.00 $0.00 444-70A DEEP DRAIN. WELL (IN -LINE) EA 0 $24,000.00 $0.00 444-70B DEEP DRAIN. WELL SYSTEM W/EXTE. WELL EA 1 $32,000.00 $32,000.00 455-133 STEEL SHEET PILING (TEMP.) SF 860 $6.00 $5,160.00 BASIN 1 TOTAL: $279,386.00 file 4072402 wk3 LAMS Pro; No 4072 00 8!2494 3.2 CONTRACTOR'S INITIALS 94 ITEM NO. STORMWATER I OVEMENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 2 100-1 ALLOWANCE ACCOUNT LS 1 $2,500.00 $2,500.00 101-1 MOBILIZATION LS 1 $13,000.00 $13,000.00 101-2 INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 $2,000.00 $2,000.00 102-7 MAINTENANCE OF TRAFFIC LS 1 $8,000.00 $8,000.00 104-11 FLOATING TURBIDITY BARRIER LF 75 $15.00 $1,125.00 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 100 $15.00 $1,500.00 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 100 $20.00 $2,000.00 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 100 $30.00 $3,000.00 380-4 TREE REPLACEMENT EA 5 $400.00 $2,000.00 380-5 PAVEMENT MARKING SF 100 $1.50 $150.00 380-6 PAVEMENT OVERLAY (1") SY 7500 $2.20 $16,500.00 425-1 INLETS (P -BOX) EA 9 $3,100.00 $27,900.00 425-1A INLETS (J -BOX) EA 0 $3,300.00 $0.00 425-2 MANHOLES (P -BOX) EA 9 $2,100.00 $18,900.00 425-2A MANHOLES (J -BOX) EA 0 $3,200.00 $0.00 Note. No unit price is required if there is 0 quantity. BASIN 2 SUBTOTAL: $98,600.00 3.3 CONTRACTOR'S INITIALS 1z- 1S- 94 - ITEM NO. STORMWATER IMPROVELMENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 2 425-2B CONFLICT MANHOLES(P-BOX)(Contingency) EA 0 $3,500.00 $0.00 425-2C CONFLICT MANHOLES(J-BOX)(Contingency) EA 0 $4,000.00 $0.00 425-4 ADJUSTING INLETS EA 2 $400.00 $800.00 425-5 ADJUSTING MANHOLES EA 4 $200.00 $800.00 425-11 MODIFYING INLETS EA 1 $1,000.00 $1,000.00 430-1 STORM SEWER PIPE (18") LF 1170 $64.00 $74,880.00 430-1A STORM SEWER PIPE (24") LF 314 $69.00 $21,666.00 430-1 B STORM SEWER PIPE (30") LF 0 $77.00 $0.00 430-1C STORM SEWER PIPE (36") LF 0 $86.00 $0.00 444-70A DEEP DRAIN. WELL (IN -LINE) EA 0 $24,000.00 $0.00 444-70B DEEP DRAIN. WELL SYSTEM W/EXTE. WELL EA 1 $32,000.00 $32,000.00 455-133 STEEL SHEET PILING (TEMP.) SF 860 $6.00 $5,160.00 BASIN 2 TOTAL: $234,906.00 81e 4072142 o46 WHS Prof No 4072 00 8/2499 3.4 CONTRACTOR'S INITIALS l'z- l -°t4 ITEM NO. STORMWATER IMP MENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 3 100-1 ALLOWANCE ACCOUNT LS 1 $10,000.00 $10,000.00 101-1 MOBILIZATION LS 1 $72,000.00 $72,000.00 101-2 INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 $11,000.00 $11,000.00 102-7 MAINTENANCE OF TRAFFIC LS 1 $46,000.00 $46,000.00 104-11 FLOATING TURBIDITY BARRIER LF 75 $15.00 $1,125.00 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 250 $15.00 $3,750.00 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 250 $20.00 $5,000.00 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 250 $30.00 $7,500.00 380-4 TREE REPLACEMENT EA 25 $400.00 $10,000.00 380-5 PAVEMENT MARKING SF 600 $1.50 $900.00 380-6 PAVEMENT OVERLAY (1") SY 41000 $2.20 $90,200.00 425-1 INLETS (P -BOX) EA 43 $3,100.00 $133,300.00 425-1A INLETS (J -BOX) EA 9 $3,300.00 $29,700.00 425-2 MANHOLES (P -BOX) EA 31 $2,100.00 $65,100.00 425-2A MANHOLES (J -BOX) EA 2 $3,200.00 $6,400.00 Note: No unit price is required if there is 0 quantity. BASIN 3 SUBTOTAL: $492,000.00 3.5 CONTRACTOR'S INITIALS rte- 15-9h ITEM NO. STORMWATER IM EMENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT COST BASIN COST DESCRIPTION BASIN 3 425-2B CONFLICT MANHOLES(P-BOX)(Contingency) EA 1 $3,500.00 $3,500.00 425-2C CONFLICT MANHOLES(J-BOX)(Contingency) EA 1 $4,000.00 $4,000.00 425-4 ADJUSTING INLETS EA 8 $400.00 $3,200.00 425-5 ADJUSTING MANHOLES EA 7 $200.00 $1,400.00 425-11 MODIFYING INLETS EA 14 $1,000.00 $14,000.00 430-1 STORM SEWER PIPE (18") LF 6168 $64.00 $394,752.00 430-1A STORM SEWER PIPE (24") LF 1101 $69.00 $75,969.00 430-1B STORM SEWER PIPE (30") LF 1608 $77.00 $123,816.00 430-1C STORM SEWER PIPE (36") LF 485 $86.00 $41,710.00 444-70A DEEP DRAIN. WELL (IN -LINE) EA 3 $24,000.00 $72,000.00 444-70B DEEP DRAIN. WELL SYSTEM W/EXTE. WELL EA 1 $32,000.00 $32,000.00 455-133 STEEL SHEET PILING (TEMP.) SF 860 $6.00 $5,160.00 BASIN 3 TOTAL: $1,263,507.00 file 4072bjd2 wk3 WHS Proj No 4072 00 8x14184 3.6 CONTRACTOR'S INITIALS PR_ -►5-q4 ITEM NO. STORMWATER IMPRC MENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 4 100-1 ALLOWANCE ACCOUNT LS 1 $2,000.00 $2,000.00 101-1 MOBILIZATION LS 1 $10,000.00 $10,000.00 101-2 INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 $1,500.00 $1,500.00 102-7 MAINTENANCE OF TRAFFIC LS 1 $6,000.00 $6,000.00 104-11 FLOATING TURBIDITY BARRIER LF 100 $15.00 $1,500.00 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 40 $15.00 $600.00 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 40 $20.00 $800.00 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 40 $30.00 $1,200.00 380-4 TREE REPLACEMENT EA 10 $400.00 $4,000.00 380-5 PAVEMENT MARKING SF 100 $1.50 $150.00 380-6 PAVEMENT OVERLAY (1") SY 6800 $2.20 $14,960.00 425-1 INLETS (P -BOX) EA 4 $3,100.00 $12,400.00 425-1A INLETS (J -BOX) EA 1 $3,300.00 $3,300.00 425-2 MANHOLES (P -BOX) EA 6 $2,100.00 $12,600.00 425-2A MANHOLES (J -BOX) EA 0 $3,200.00 $0.00 Note: No unit price is required if there is 0 quantity. BASIN 4 SUBTOTAL: $71,035.00 3.7 CONTRACTOR'S INITIALS 12 - IS -9G. ITEM NO. STORMWATER IMPA ENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 4 425-2B CONFLICT MANHOLES(P-BOX)(Contingency) EA 1 $3,500.00 $3,500.00 425-2C CONFLICT MANHOLES(J-BOX)(Contingency) EA 0 $4,000.00 $0.00 425-4 ADJUSTING INLETS EA 1 $400.00 $400.00 425-5 ADJUSTING MANHOLES EA 5 $200.00 $1,000.00 425-11 MODIFYING INLETS EA 1 $1,000.00 $1,000.00 430-1 STORM SEWER PIPE (18") LF 736 $64.00 $47,104.00 430-1A STORM SEWER PIPE (24") LF 395 $69.00 $27,255.00 430-1B STORM SEWER PIPE (30") LF 0 $77.00 $0.00 430-1C STORM SEWER PIPE (36") LF 0 $86.00 $0.00 444-70A DEEP DRAIN. WELL (IN -LINE) EA 0 $24,000.00 $0.00 444-70B DEEP DRAIN. WELL SYSTEM W/EXTE. WELL EA 1 $32,000.00 $32,000.00 455-133 STEEL SHEET PILING (TEMP.) SF 860 $6.00 $5,160.00 BASIN 4 TOTAL: $188,454.00 hie 4072142 w13 WHS Proj No 4072 00 8!24194 3.8 CONTRACTOR'S INITIALS 12. -IS -C14 ITEM NO. STORMWATER IMPRb (E1IIENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 5 100-1 ALLOWANCE ACCOUNT LS 1 $2,500.00 $2,500.00 101-1 MOBILIZATION LS 1 $13,000.00 $13,000.00 101-2 INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 $2,000.00 $2,000.00 102-7 MAINTENANCE OF TRAFFIC LS 1 $8,000.00 $8,000.00 104-11 FLOATING TURBIDITY BARRIER LF 100 $15.00 $1,500.00 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 40 $15.00 $600.00 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 40 $20.00 $800.00 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 40 $30.00 _ $1,200.00 380-4 TREE REPLACEMENT EA 5 $400.00 $2,000.00 380-5 PAVEMENT MARKING SF 200 $1.50 $300.00 380-6 PAVEMENT OVERLAY (1") SY 10000 $2.20 $22,000.00 425-1 INLETS (P -BOX) EA 6 $3,100.00 $18,600.00 425-1A INLETS (J -BOX) EA 0 $3,300.00 $0.00 425-2 MANHOLES (P -BOX) EA 7 $2,100.00 $14,700.00 425-2A MANHOLES (J -BOX) EA 0 $3,200.00 $0.00 Note: No unit price is required if there is 0 quantity. BASIN 5 SUBTOTAL: $87,225.00 3.9 CONTRACTOR'S INITIALS 12-15- 9Lf ITEM ! STORMWATER IIVIRCSVEMENT PLAN NO. BASINS 1 - 8 UNIT QUANTITY UNIT COST BASIN COST DESCRIPTION BASIN 5 425-2B CONFLICT MANHOLES(P-BOX)(Contingency) EA 1 $3,500.00 $3,500.00 425-2C CONFLICT MANHOLES(J-BOX)(Contingency) EA 1 $4,000.00 $4,000.00 425-4 ADJUSTING INLETS EA 1 $400 00 $400.00 425-5 ADJUSTING MANHOLES EA 4 $200.00 $800.00 425-11 MODIFYING INLETS EA 2 $1,000.00 $2,000.00 430-1 STORM SEWER PIPE (18") LF 1315 $64.00 $84,160.00 430-1A STORM SEWER PIPE (24") LF 12 $69.00 $828.00 430-1B STORM SEWER PIPE (30") LF 0 $77.00 $0.00 430-1C STORM SEWER PIPE (36") LF 0 $86.00 $0.00 444-70A DEEP DRAIN. WELL (IN -LINE) EA 0 $24,000 00 $0.00 444-70B DEEP DRAIN. WELL SYSTEM W/EXTE. WELL EA 1 $32,000.00 $32,000.00 455-133 STEEL SHEET PILING (TEMP.) SF 860 $6 001 $5,160.00 BASIN 5 TOTAL: $220,073.00 flls 4072bjo2 wK3 WH6 Proj No 4072 00 6124!94 3.10 CONTRACTOR'S INITIALS l2--15-9'4 ITEM NO. STORMWATER IM'I? /EMENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT COST BASIN COST DESCRIPTION BASIN 6 T-0-6-1 ALLOWANCE ACCOUNT LS 1 $12,500.00 $12,500.00 101-1 I -MOBILIZATION LS 1 $75,000.00 $75,000.00 101-2 INDEMNIFICATION LS 1 $25 00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 $11,500.00 $11,500.00 102-7 MAINTENANCE OF TRAFFIC LS 1 $48,000.00 $48,000.00 104-11 FLOATING TURBIDITY BARRIER LF 150 [ $15.00 $2,250.00 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 250 $15.00 $3,750.00 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 250 $20 00 $5,000.00 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 2501 $30.00 $7,500.00 380-4 TREE REPLACEMENT EA 45 $400.00 $18,000.00 380-5 PAVEMENT MARKING SF 500 $1 50 $750.00 380-6 PAVEMENT OVERLAY (1") SY 44300 $2.20 $97,460.00 425-1 INLETS (P -BOX) EA 42 $3.100 00 $130,200.00 425-1A INLETS (J -BOX) EA 01 $3,300.00 $0.00 425-2 MANHOLES (P -BOX) EA 59 $2,100 00 $123,900.00 425-2A MANHOLES (J -BOX) EA 0 $3,200.00 $0.00 Note: No unit price is required if there is 0 quantity. BASIN 6 SUBTOTAL: $535,835.00 3.11 CONTRACTOR'S INITIALS ('2_ -Is -94 ITEM NO. 1 STORMWATER Ik /EMENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT COST BASIN COST DESCRIPTION BASIN 6 425-2B CONFLICT MANHOLES(P-BOX)(Contingency) EA 1 $3,500 00 $3,500 00 425-2C CONFLICT MANHOLES(J-BOX)(Contingency) EA 1 $4,000.00 $4,000.00 425-4 ADJUSTING INLETS EA 6 $400 00 $2,400 00 425-5 ADJUSTING MANHOLES EA 2 $200.00 $400.00 425-11 MODIFYING INLETS EA 17 $1,000.00 $17,000 00 430-1 1STORM SEWER PIPE (18") LF 6925 $64.00 $443,200.00 430-1A STORM SEWER PIPE (24") LF 1331 $69.00 $91,839.00 430-1B STORM SEWER PIPE (30") LF 1537 $77.00 $118,349.00 430-1 C STORM SEWER PIPE (36") LF 0 $86 00 $0.00 444-70A 1DEEP DRAIN. WELL (IN -LINE) EA 3 $24 000 00 $72,000.00 444-70B 1DEEP DRAIN. WELL SYSTEM W/EXTE. WELL EA 1 $32,000.00 $32,000.00 455-133 STEEL SHEET PILING (TEMP) SF 860 $6 00 $5,160 00 I BASIN 6 TOTAL: $1,325,683.00 fllo 4072bJo2 wK3 WMS Proj No 4072 00 8/24/94 3.12 CONTRACTOR'S INITIALS l'z -15-414 ITEM NO. STORMWATER IMIkR VVI*MENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 7 100-1 (ALLOWANCE ACCOUNT LS 1 $14,000.00 $14,000.00 101-1 MOBILIZATION LS 1 $81,000 00 $81,000.00 101-2 INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 $12,500 00 $12,500.00 102-7 MAINTENANCE OF TRAFFIC LS 1 $52,000.00 $52,000.00 104-11 FLOATING TURBIDITY BARRIER LF 75 $15 00 $1,125.00 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 250 $15 00 $3,750.00 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 250 $20.00 $5,000.00 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 250 $30 00 $7,500.00 380-4 TREE REPLACEMENT EA 70 $400.00 $28,000.00 380-5 PAVEMENT MARKING SF 500 $1.50 $750.00 380-6 PAVEMENT OVERLAY (1") SY 31300 $2.20 I $68,860.00 425-1 INLETS (P -BOX) EA 60 $3,100.00 $186,000.00 425-1A INLETS (J -BOX) EA 0 $3,300.00 $0.00 425-2 MANHOLES (P -BOX) EA 46 $2,100.00 $96,600.00 425-2A MANHOLES (J -BOX) EA 1 $3,200.001 $3,200.00 Note: No unit price is required if there is 0 quantity. BASIN 7 SUBTOTAL: $560,310.00 3.13 CONTRACTOR'S INITIALS ITEM NO. ! STORMWATER I VEMENT PLAN I BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 7 425-2B CONFLICT MANHOLES(P-BOX)(Contingency) EA 1 $3,500.00 $3,500.00 425-2C CONFLICT MANHOLES(J-BOX)(Contingency) EA 1 $4,000.00 $4,000.00 425-4 ADJUSTING INLETS EA 2 $400 00 $800.00 425-5 ADJUSTING MANHOLES EA 27 $200.00 $5,400.00 425-11 !MODIFYING INLETS EA 9 $1,000.00 $9,000.00 430-1 1STORM SEWER PIPE (18") LF 8828 $64.00 $564,992.00 430-1A 1STORM SEWER PIPE (24") LF 2660 $69 00 $183,540.00 430-1B STORM SEWER PIPE (30") LF 575 $77.00 $44,275.00 430-1C STORM SEWER PIPE (36") LF 548 $86 00 $47,128.00 444-70A DEEP DRAIN. WELL (IN -LINE) EA 3 $24 000.00 $72,000.00 444-70B DEEP DRAIN. WELL SYSTEM W/EXTE. WELL EA 1 $32,000.00 $32.000.00 455-133 STEEL SHEET PILING (TEMP) SF 860 $6 00 $5,160.00 1 BASIN 7 TOTAL: $1,532,105.00 flls 4072bJC2.wK3 WHS Proj No 4072 00 6124/94 3.14 CONTRACTOR'S INITIALS M-16-9.4 l6-94 ITEM STORMWATER I P O EMENT PLAN NO. BASINS - 8 ! UNIT QUANTITY UNIT COST BASIN COST DESCRIPTION BASIN 8 100-1 ALLOWANCE ACCOUNT LS 1 $8.000 00 $8,000.00 101-1 MOBILIZATION LS 1 $46,000.00 $46,000.00 101-2 INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 $7,000.00 $7,000.00 102-7 MAINTENANCE OF TRAFFIC LS 1 $30,000 00 $30,000.00 104-11 FLOATING TURBIDITY BARRIER LF 75 $15.00 $1,125.00 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 250 $15.00 $3,750.00 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 250 $20 00 $5,000.00 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 250 $30.00 $7,500.00 380-4 TREE REPLACEMENT EA 15 $400.00 $6,000.00 380-5 1PAVEMENT MARKING SF 500 $1 50 $750.00 380-6 PAVEMENT OVERLAY (1") SY 36000 $2.20_ $79,200.00 425-1 INLETS (P -BOX) EA 17 $3,100.00 $52,700.00 425-1A INLETS (J -BOX) EA 0 $3,300.00 $0.00 425-2 MANHOLES (P -BOX) EA 30 $2,100 00 $63,000 00 425-2A MANHOLES (J -BOX) EA 0 $3,200.00 $0.00 Note: No unit price is required if there is 0 quantity. BASIN 8 SUBTOTAL: $310,050.00 3.15 CONTRACTOR'S INITIALS ITEM STORMWATER IMPRt MENT PLAN NO. BASINS 1 - 8 UNIT QUANTITY UNIT COST BASIN COST DESCRIPTION BASIN 8 425-2B CONFLICT MANHOLES(P-BOX)(Contingency) EA 1 $3,500 00 $3,500.00 425-2C CONFLICT MANHOLES(J-BOX)(Contingency) EA 1 $4,000.00 $4,000.00 425-4 ADJUSTING INLETS EA 12 $400 00 $4,800 00 425-5 ADJUSTING MANHOLES EA 26 $200.00 $5,200.00 425-11 MODIFYING INLETS EA 11 $1,000.00 $11,000.00 430-1 STORM SEWER PIPE (18") LF 4014 $64.00 $256,896.00 430-1A ,STORM SEWER PIPE (24") LF 890 $69.00 , $61,410 00 430-1B STORM SEWER PIPE (30") LF 1060 $77.00 $81,620.00 430-1C STORM SEWER PIPE (36") LF 0 $86.00 $0 00 444-70A DEEP DRAIN. WELL (IN -LINE) EA 2 $24,000 00 $48,000.00 444-70B DEEP DRAIN. WELL SYSTEM W/EXTE. WELL EA 1 $32,000.00 $32,000.00 455-133 STEEL SHEET PILING (TEMP.) SF 860 $6.00 $5,160 00 BASIN 8 TOTAL: $823,636.00 Me 4072bjd2 wK3 WNS Proj No 4072 00 8/24/94 3.16 CONTRACTOR'S INITIALS DATE: 1/2-- tom-- q z ITEM VILLAGE OF ikE.OSCAYNE NO. WATER LINE IMPROVEMENTS ' UNIT QUANTITY UNIT COST TOTAL ! COST DESCRIPTION 1 12 inch Ductile iron pipe and fittings (furnish & install) LF 420 $50 00 ; $21,000.00 2 8 inch Ductile iron pipe and fittings (furnish & install) LF 9380 $48.001 $450,240.00 3 6 inch Ductile iron pipe and fittings (furnish & install) LF 200 $42.00 $8,400 00 4 8 inch DI MJ valves & matls (furnish & install) EA 12 $900.00 $10,800.00 5 6 inch DI MJ valves & matis (furnish & install) EA 8 $750.00 , $6,000.00 6 Fire hydrant, complete (furnish & install) EA 8 $2,200.001 $17,600.00 7 Construct water main flushing valve assmby EA 4 $2,200.00 I $8,800.00 8 1 inch single services, short (furnish & install) EA 106 $500.00 $53,000.00 9 1 inch single services, long (furnish & install) ; EA 106 $850.00 ; $90,100.00 10 Reconnecting services ; EA 212 $170.001 $36,040.00 11 24 - inch by 12 - inch tapping sleeve ; EA & 12 - inch tapping valve (furnish & install) 1 $6,600.00 $6,600 00 12 8 - inch by 8 - inch tapping sleeve ; & 8 - inch tapping valve (furnish & install) EA 6 $2,800.00 $16,800.00 13 6 - inch by 6 - inch tapping sleeve & 6 - inch tapping valve (furnish & install) EA 6 $2,400 00 $14,400.00 14 Trench overcut in one foot increments (CONTINGENT ITEM) LF 100 $15 00 $1,500 00 15 Furnish traffic control (Maintanence of traffic) LS 1 $36,000.00 $36,000.00 16 Pavement Markings j SF 400 $1.50 ; $600.00 Note: No unit price is required if there is 0 quantity. WATER LINE SUBTOTAL: $777,880.00 3.17 CONTRACTOR'S INITIALS DATE: if).. -1 -94 ITEM NO. VILLAGE OF cE.9f431SCAYNE WATER LINE IMPROVEMENTS UNIT QUANTITY UNIT COST TOTAL COST DESCRIPTION 17 Polyethlene encasement of any size pipe if required (CONTINGENCY ITEM) LF 10000 $6.00 $60,000.00 18 Driveway Restoration (CONTINGENCY) SY 400 $30 00 $12,000.00 19 Pavement Overlay 1" thick (CONTINGENCY) SY 500 $2.20 $1,100.00 20 Complying with Trench Safety Act LF 10000 $2 20 $22,000.00 21 Special Shoring (items 1-6 & 17) LS 1 $10,000.00 $10,000.00 22 Sheeting & shoring left in place (CONTINGENCY) SF 100 $100.00 $10,000.00 23 Sodding SY 2300 $3.00 $6,900.00 24 Mobilization LS 1 $110,000.00 $110,000 00 25 Allowance fund for unforseen conditions, minor construction changes & quantity adjust. LS 1 $90,000.00 $90,000.00 WATERLINE BID PRICE IN WORDS: WATER LINE TOTAL: $1,099,880.00 O N E u' I I o 0 I N Z:T Y It V t rl E 1 t--pLi )D 'L—► 9 KT v u � Ei q lily It- x?o C / t i 3 file.4072bid2 wk3 WHS Pro,. No 4072 00 8/24/94 3.18 1 2 - 15- 94 __k) SUMMARY OF BASINS BASIN TOTAL BASED ON NO. ESTIMATED QUANTITIES 1 TOTAL OF BASIN 1 ITEMS $279,386.00 2 TOTAL OF BASIN 2 ITEMS $234,906.00 3 TOTAL OF BASIN 3 ITEMS $1,263,507 00 4 TOTAL OF BASIN 4 ITEMS $188,454.00 5 TOTAL OF BASIN 5 ITEMS $220,073.00 6 TOTAL OF BASIN 6 ITEMS $1,325,683.00 7 TOTAL OF BASIN 7 ITEMS $1,532,105.00 8 TOTAL OF BASIN 8 ITEMS $823,636.00 ► kL $0 kmoukT rri0o2v5 fde.4072bjd2 wic3 WHS Prof No 4072 00 8/24/94 TOTAL BASIN 1 - 8 BID TOTAL WATER LINE BID TOTAL BID AMOUNT $5,867,750.00 $1,099,880.00 $6,967,630.00 / Caly 6/1 ILL' C U k liJe 44u rJo c $(XT r Zav Er) p U 'c\ 0 2 Ix +AU i.1 L .0 5 1 t R 1'/ 4 O a`ny l g 3.19 5. BIDDER agrees that the Work will be completed within 450 calendar days after the date when the contract time commences to run as provided in Article 2.3 of the General Conditions (Notice to Proceed) and further agrees to abide by the schedule established for the Work: BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 6. Communications concerning this Bid shall be addressed to the address of BIDDER indicated below. 7. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. 8. The undersigned also agrees as follows: First: To do any extra work not covered by the foregoing Schedule of Prices, which may be ordered by the Owner, and to accept as full compensation therefore, such prices as may be agreed upon in writing by the Owner and the Contractor pursuant to the applicable provisions of the General Conditions. Second: Within fifteen days from the "Notice of Award" of this Proposal, to execute the Contract, and to furnish to the Owner a satisfactory Performance Bond in the amount of 125% of the Contract Price, guaranteeing the faithful performance of the work and payment of bills, the Contractor to pay for said bond. Third: To begin work on the date specified in the "Notice to Proceed". Accompanying this Proposal is a certified check, cashier's check, or bid bond for 10% of Bid payable to the Village of Key Biscayne, which is to be forfeited if, in the event that this Proposal is accepted, the undersigned shall fail to execute the contract and furnish satisfactory Contract Security under the conditions and within the time specified in he Instructions to Bidders; otherwise, said certified check, cashier's check or bid bond is to be returned as provided herein. Submitted On «rnc: IR-. ( 45 , 19O4 4072-00A.SPC/67P/061794 3i P-4 A. (If an individual, partn-rship, or non -incorporated organizatio Signature of Bi.�•r By Address of Bidder B. (If a corporation) Signature of Bidder By 12 -45 -94 - Name . de ldoya Title President 22.09 20. zfl M /-iwY (Y)I,(rn TA 3315Cc the de Moya Group, Inc. 12209 South Dixie Hwy. Miami, FL 33156 Business Address Incorporate e laws of the State of Attest: 12-15-34 de Moya /Treasurer 4072-00A.SPC/67P/041194 P-5 PROPOSAL QUESTIONNAIRE The following shall be completely filled in by each Bidder: The undersigned guarantees the truth and accuracy of all statements and answers herein contained: 1. How many years has your organization been in business as a general contractor? 1o, 19Sco 2. List any public works contracts you have performed with any governmental agency having a value in excess of $500,000 within the last ten years: Z ' efia -,13Vr-NaarD 3. Were all contracts listed in No. 2 above completed within the time period without extensions? O 4. Were liquidated damages incurred by the contractor for non -timely completion and, the extent to which additional time extensions were granted on all contracts that were not so timely completed. 4072-00A.SPC/67P/111494 5 P-6 5. Was the Surety on any Public Works bond ever notified that the Bidder was in default in the performance of such contracts; and if such default notice was so given, please indicate in detail how much claim default was resolved: O. 6. Indicate the number of times in which arbitration or litigation ensued from any Public Works contract within the last ten years, as well as the result of such arbitration of litigation (i.e., whether the same was settled or resolved by trial and who prevailed between the Bidder and the governmental agency involved): 7. Please provide a history of similar projects you have completed, other than those listed in No. 2 above, including project name, owner, value of work performed, percentage completed: 8. What is the last project of this nature that you have completed? dmA450 CCC . c oPkw 9. Have you ever failed to complete work awarded to you? If so, where and why? 0 10. The following are named as three corporations or individuals for which you have performed work and to which you ref_n .A 0 . ©. �" CNP t C�r�l Nt Aw (-1`16-43Qo i<Ei' 1 AR Oosiset< I- 53 I -o6 / (cg9Jrovo (y1.D .k)6. Cf 1 czQ Y GQ.I i' 6 9.1645 4072-00A.SPC/67P/111494 P-7 il. Will you sublet any part of this work? If so, give subcontractor's name and which portion of work to be sublet. Ai 12. What equipment do you own that is available for the work? r Ce RV I C. T120 06S, - 1�I�'C Rupth, 13. What equipment will you purcha e for the proposed work? © 1 1 a. 14. What equipment will you rent forthe proposed work? 15. The following is given as a summary of the financial statement of the undersigned (list assets and liabilities and use insert sheet if necessary): 4072-00A.SPC/67P/111494 P-8 16. State the true, exact, correct and complete name of the partnership, corporation or trade name under which you do business, and the address of the place of business. (If a corporation, state the name of the president and secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name). It is absolutely necessary that this information be furnished. «o)'I\ CRovc), =nlc (Correct Name of Bidder) M Jorge Juan de Moy a ( a) The business is a �i I Qn) �_:, president 8ecx>stery/Treaeurer (b) The address of the principal place of business is: 12-.'z.o 9 I1tAf?/ mmi 1 —Lo Ri 531 0 (c) The names of corporate officers, or partners, or individuals doing business under a trade name are as follows: the de Moya Group, Inc. 12209 South Dixie Hwy. Miami, FL 33156 12.-1S- 94 - (Bidder) Jorge Juan de Moy 3 Secretary/Treasurer 4072-OOA.SPC/67P/111494 P-9 NG PROJECT I OWNER 401 862203626 402 86220-3535 FDOT FDOT 403 Aooni Const Post Otfice 404 86095-3458 FDOT 406 97871-3383 FDOT 406 862203536 FDOT 407 New Testament Church 408 W-594 MDWASA 409 87030-3572 FDOT 410 8702!0.3537 FDOT 411 C-0399 DCP School 412 87100-3630 FDOT 413 9 -1147 -21 -OF Broward Cy 414 07-1280-16 Hallandale 415 87030-3574 FDOT 416 VSCI Volker Stavin 417 870063508 FDOT 418 650635 DCPW 419 86010-3519 FOOT 420 W-584 DI MDWASA 421 682210 DCPW 422 W-684 E MDWASA 423 GRT Gulls Race 424 9-5556 C8y of Miami 425 87020-3638 FDOT 426 871403518 FOOT 427 86220-3530 FDOT PROJECT LOCATION Universdy Dr/Broward Blvd Grin RddUniversiy Dr NW 22 Street/72 Avenue US441/I-696 Homestead Toll Plaza University Dr/Orange Dr 6801 NW 167 St/Church Miami Springs W.IMeId Biscayne Blvd/NE 8 Avenue US -1/152 Ave & 157 Ave 80077 Str.. Mami Beach Tumpike ExVSR-836 Sheridan St/Flamingo Drive NW 8 Avenue/Hallandale Bricked Ave/SE 15 Rd 13915 NW 107 Av.NSQ Opa Locka Blvd/SR-9 NW47Ave&215 Street US-1/Hallandale Bch Blvd NW Welgield Canal NW 58 St/74 Ave NW Wellfield 14' Culvert Gurstream Park Entrance NW 12 Avenue & 14 Street US -1/ SW 104 St to SR 828 Miami Gardens Dr/SR-7 University Dr/Sheridan St CONTRACT I COUNTY STATUS Broward Final M Broward Final M Dade Final M Broward Final M Midwest Dade Anal M Broward Final M Dade Final M MDWASA Dade Final M 16584 Dade Find M Dade And M Dade Final M 16879 Dade Find M Broward And M Broward Final M Dade Final M Dade Final M 17021 Dade And M Dade Final M 17205 Broward Final M Dade Final M Dade Find M Dade Final M Broward And M Dade Anal M 17372 Dade Final 17374 Dade Final 17399 Broward Final CONTRACT AMT COMPLETED E 77.766 1997 140.000 1987 2.300 1987 898.553 1989 243.788 1988 110.000 1987 57.750 1987 489.556 1988 393.735 1988 136.592 1988 92,643 1988 363.438 1998 316,743 1989 215,099 1988 542,732 1989 14,107 1988 1.584.452 1989 262.468 1989 2.157.273 1989 1.341,800 1990 988,151 1990 1,169,300 1991 244.172 1989 533.313 1990 438.912 1991 633.085 1991 2.173.876 1991 G PROJECTS OWNER 28 680010 DCPW 29 86095-3485 FDOT 30 8P Oil Ent BP A Golden Bch GB B Golden Bch C Golden Bch 32 86220-3538 33 86220-3538 34 662329 35 662329 38 662377 37 662327 38 662296 39 662296 60 CCG1-92 61 House Reconstruction 52 House Raconstrud on 53 House Reconstruction 31 87060-3548 CSC I FDOT 32 87270-3532 53 87270-3532 54 BC/ 4102 GB GB FDOT FDOT/Bridge DCPW DCPW/BRIDGE DCPW DCPW/BRIDGE DCPW DCPW/BRIDGE DCAD/AVIAT FDOT FDOT/BRIDGE BROW CTY ENG 36 CT&A 79-0090A BC/BRIDGE M 662273 DCPWIREDLAND 37 96018-3601 58 93016-3507 59 93016-3507 FDOT/BROWARD FDOTIW PALM FDOTIBRIDGE PROJECT LOCATION SR-A1AITenaoina to Massini US441/SR84 to Riveriand Rd US441/SW 20 SI Soup Park Al & Grading Conduit Inst. A1A, East RIW Sidewalk Replacement, AlA Univers* Dr/ Grin Rd Univers* Dr4Grieln SW 127 AVE 1 Tamiami Canal SW 127 AVE / Taniami Canal SW 42 ST / 117 TO 122 AVE SW 42 ST / 117 TO 122 AVE ATLANTIC ISLES BRIDGE ATLANTIC ISLES BRIDGE ZEE ROADS/AIRPORT 20620 Island Road 21425 SW 97 Court 7355 SW 148 Street MACARTHUR CAUSEWAY/SR AIA IVES DAIRY RD 11-96 IVES DAIRY RD /1-95 NCNAB RDIPOWERLNE TO DDOE NCNAB RDIPONERUVE TO DDGE SW 117 AVE/SNAPPER O( BRIDGE PEMBROKE ROAD (SR -824) FOREST HILLSIWPB CANAL TO 195 FOREST HILLS/WPB CANAL TO 196 CONTRACT it COUNTY STATUS Dade Complete 17566 Broward Complete Broward Final M Dade Final M Dade Final M Dade Final M 17766 Broward FINAL 17765 Broward FINAL Dade FINAL Dade FINAL Dade FINAL Dade FINAL DADE FINAL DADE FINAL DADE FINAL 91527M51 DADE In Progress Dade FINAL Dade FINAL 18378 DADE START 8/93 18401 DADE START 8/93 18401 DADE BC -4102 BROWARD STRT 11/93 BROWARD DADE START 5/94 18749 BROWARD START 11/94 18887 W PALM START 11/94 W PALM CONTRACT AMT COMPLETED 1,937.822 1991 2.172,264 1991 48,343 1991 27,700 1991 39240 1991 32.000 1991 5.343.128 1993 Above 1993 929.099 1992 ABOVE 1992 2,332.687 1994 ABOVE 1994 1.024.477 1994 ABOVE 1994 2.873.000 1993 120.000 199;3 100.000 1993 104.458 1993 2,571.889 8.473.613 ABOVE 4.823.000 ABOVE 493.223 5.684,171 3.259.085 ABOVE THE DE MOYA GROUP, INC. FINANCIAL STATEMENTS WITH ACCOUNTANT'S COMPILATION REPORT JUNE 30, 1994 r THE DE MOYA GROUP, INC. BALANCE SHEET JUNE 30, 1994 ASSETS Current Assets: Cash, including interest bearing demand deposits of $378,396 - Notes M and 0 Investment in marketable securities at lower of aggregate cost or market, market value $823,643 - Note C Contracts receivable, including retainages of $288,398 - Notes E and M Other current assets, principally interest receivable TOTAL CURRENT ASSETS INVESTMENT IN MUNICIPAL BONDS - HELD FOR SALE, at lower of cost or market (market value $208,245) - Note D INVESTMENT IN PROMISSORY CONVERTIBLE NOTE, at cost LAND AND HOUSE FOR SALE OR RENTAL - Note L ACCOUNT RECEIVABLE FROM SHAREHOLDER - Note L PROPERTY, at cost, less allowances for depreciation and amortization of $1,522,273 - Notes F and H MUNICIPAL BONDS PLEDGED - Note G OTHER ASSETS, principally cash surrender value of life insurance TOTAL ASSETS See notes to financial statements. $ 442,152 851,375 1,833,024 150,689 3,277,240 200,000 25,000 219,673 73,642 662,325 226,277 52,347 $4,736,504 LIABILITIES AND STOCKHOLDERS' EQUITY l' E Current liabilities: Short-term debt -Note H Billing in excess of costs and estimated earnings on uncompleted contracts Accounts payable, accrued expenses and other current liabilities - Note I $ 5,021 451,591 1,558,672 TOTAL CURRENT LIABILITIES 2,015,284 STOCKHOLDERS' EQUITY - Notes J and P Common stock -no par value: Series A - voting shares, 120 shares authorized, 66 shares issued and outstanding Series B - non -voting shares, 80 shares authorized, 76 shares issued and outstanding 352,194 Capital in excess of par value 1,750 Retained earnings 2,612,111 Less: Treasury stock, 31 shares (244,835) TOTAL STOCKHOLDERS' EQUITY 2,721,220 TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY $4,736,504 See notes to financial statement. - 3 - SCHEDULE OFPARTICIPATI ON Name of Pnme Contractor 7f , �oyA S Q o o p =NC Project No. 40-72 . 00 This form should be completed for all BBE, and/or HBE and/or WBE subcontractors listed In the Bid Submittal at the time of bid s ubmittal . The portion of the work to bo performed by the BBE and/or HBE and/or WBE member of a Joint venture Is to be set forth In detail separately from the work to be performed by the non-BBE, and/or Non-HBE and/or non-WBE member of the joint venture . N Name of Subcontractor Certificate No . cn. uxiw woa+.t• BBE a o. HBE WBE Type of work to be performed by ' Subcontractor Dollar Amount % of Bld "11-1E D. Mow ; (Roup 31t 5100001ST >C PRIME CQNTIR-A 4.961, 630 1OC I5 --!'=-- C'fc,t2Tz F1C_' D - _ -- _. lauSi We ENTER 1.5- f E/) -- 1 To be completed by the Pnmel Contractor/Bidder I certi e representations contained in this Schedule of Participation are • I e • . •f my knowledge true and accurate. Check appropriate box(es) if Unavailability BBE Certificates are or will be provided in lieu of WBE or in addition to this Schedule of Participation to HBE demonstrate the lack of availability. 12-15-94 --cRqE duck .E PlaYA Jorge Juan de Moy2 Secretary/Treasurer nue Dale pt N ame of CEO or President F2P1At. IPcz. a PlcyA DBED 101 DEPARTMENT OF BUSINESS AND ECONOMIC DEVELOPMENT STEPHEN P. CLARK CENTER 111 N.W. 1st Street Suite 1710 Miami, Florida 33128-1975 (305) 375-4132 November 3, 1994 ARMANDO DE MOYA THE DE MOYA GROUP, INC. 15025 S W 74 Avenue Miami, FL 33158 Dear Mr. ARMANDO DE MOYA: CERT NO: 95-0000087 EXPIRATION DATE: 11/30/1995 The Department of Business and Economic Development has completed its review of your application and attachments submitted for certification as a minority and/or disadvantaged business enterprise. This office hereby approves your firm as a Hispanic & Disadvantaged Business Enterprise (HBE/DBE) in Dade County. Such certification qualifies your firm to compete on projects with corresponding participation requirements. Your firm will be included in our registry of certified businesses and this certification is for twelve (12) months expiring as noted above. This certification may require additional review at the time of bid or when your company is being considered by a prime contractor to meet a goal. It affords your company the opportunity to participate as a minority -owned business in the competitive process for contracts. Please note that the category stated on the enclosed list is the only area that this company is eligible to bid under the above certification categories. If any changes occur during the certification period such as ownership makeup, change of address, telephone number, category/trade, or if the business ceases to exist, you must notify this office in writing immediately. It is imperative that we maintain current information on your company at all times. All inquiries or changes related to this certification should be directed to the Certification Unit between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. See the enclosure for trades or professions your certification with this Department covers. Sincerely, Gregory C. Owens, Director Department of Business and Economic Development GCO/pc Enclosure 'I. THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) The de Moya Group, Inc. as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Suretyl The Continental Insurance Company a corporation duly organized under the laws of the State of New Hampshire as Surety, hereinafter called the Surety, are held and firmly bound unto Village of Key Biscayne, Florida as Obligee, hereinafter called the Obligee, in the sum of (Here insert full name and address or legal title of Ownerl Ten Percent of Amount Bid Dollars (S 10% for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Village of Key Biscayne Project No. 4072.00 (Here insert lull name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signe•)a d s aled this 14th Jorge Juan de Mo, a tness) i day of December The de Moya Grou (Title) (Seal) Armando de Moya The Continental Insurance Company (Seat) (Surety) 717A1� Mary . Aceves, Attorney AIA DOCUMENT A3111 • BID BOND • AIA ® • FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D C. 20006 1 The ,L.antinental Insurance Cor„gpany 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Mary C. Aceves of Miami Lakes, Florida its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of $Unlimited Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 1st day of November, 1977: vED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Corr nd that each or any of them is, authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Con undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, auth. ;t the execution of any such Power of Attorney, and to attach thereto the seal of the Company. _SOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsurn :uch Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with res ` to any bond, undertaking or contract of suretyship to which it is attached " In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May, 1985. THE CONTINENTAL INSURANCE COMPANY Attest By Robed W Adler, Sr., Assistant Voce President STATF 'Thr "":W YORK COU = NEW YORK ss.: Michael J. Beemaert, Vice President On this 1st day of May, 1985, before me personally came Michael J. Beernaert, to me known, who being by me duly sworn, did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Motaap%01. poi •�a, �tw..ri CERTIFICATE ETHEL TARANTO NOTARY PUBLIC, State of New York No. 24-4663117 Qual. in Kings County Commission Expires March 30, 1986 I, the undersigned, an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York, in the State of New York. Dated the 14th day of December ,19 94 7 2‘cv._e„ James M. Keane, Assistant Vice President 11 RrlNtl4%lSi Printed in U SA AGREEMENT This Agreement is dated as of the day of in the year 19_, by and between Village of Key Biscayne , hereinafter called OWNER, and The deMoya Group, Inc. , hereinafter called CONTRACTOR. OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1 - WORK The Contractor shall complete all Work as specified or indicated in the Contract Documents for the project entitled: Stormwater Improvement Plan Basins 1-8 and Water Distribution Improvements Village of Key Biscayne Engineer's Project No. 4072.00 and generally described as follows: The work generally consists of stormwater pipe and appurtenances, drainage wells, replacement of the asphaltic concrete roadway pavement, and sodding needed for the drainage construction as shown on Sheets 1 of 48 through 48 of 48 on plans bearing the same title. The work also consists of furnishing and installing 12 -inch, 8 -inch, and 6 -inch ductile iron potable watermains for WASD. Fire hydrants, tapping sleeves, and service connections are also included for replacement of existing watermains in the Village of Key Biscayne as shown on Sheets 1 of 6 through 6 of 6, WASD No. E.R. 14012. The water distribution work is administered by the Owner and reimbursed by WASD. 1 ARTICLE 2 - ENGINEER The stormwater project has been designed by Williams, Hatfield & Stoner, Inc., Consulting Engineers who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. The water distribution project has been designed by WASD. WASD will supply inspectors who will coordinate with the ENGINEER and will approve the project work for WASD and the Owner. 4072-00B.SPC/67P/091594 A-1 3`f ARTICLE 3 - CONTRACT TIME 3.1 The work shall be completed within 450 calendar days after the date of the Notice -to -Proceed in accordance with Article 2.3 of the General Conditions. 3.2. Liquidated Damages OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Paragraph A above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each day that expires after the time specified in Paragraph A for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted to OWNER, CONTRACTOR shall pay OWNER Two Hundred Dollars ($200.00) for each day that expires after the time specified in Paragraph A for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE The OWNER shall pay to the CONTRACTOR for the performance of the Work the amounts determined for the total number of each of the following units of work completed at the unit price stated thereafter. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by this contract. 4072-008.SPC/67P/082994 4o A-2 SUPPLEMENTARY CONDITIONS EXHIBIT "C" SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to Village of Key Biscayne by 'DO PAM- Cu ta,^1 E P2 bYA cRC.TAfi' /r u 120 r2 . [Ant individua andl's name title] for HE t P'')Oyq Nip R0U (print name of entity submitting sworn star nt] whose business address is 122.0 9 QiotYTH O f X f t it Cl H w Ay and (if applicable) its Federal Employer Identification Number (FEIN) is 59- 2 402 9342 - (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. Exhibit "C" Page 1 of 2 4072-00C.SPC/67P/041194 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity ubmitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, s�iar�holders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INF• ' ' THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESH 'i D A' OUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF �' GE IN THE INFORMATION CONTAINED IN THIS FORM. Jorge Juan de Moya ,�.► Secretary/Treasurer [signature) Sworn to and subscribed before me this '*--) day of` -e • , 19 94 . Personally known ""rc ma Or Produced Identification (Type of Ide ification) < OFFICIAL NOTARY SEAL' CONCHITA MASCARO-PIREZ Notary Public. State of Florida c Commission No. CC260524 My Commission Expires 3/20,097 S Banded Through Fla Notary Service & Banding Ca l -8110.3 -NOTARY .,rv»»»»»»>.t.w»»»»»»»>ro»»»»» ' d ec. PloyA Notary Public - State of R I My Commission Expires 3 i (Printed, typed, or stampe commissioned name of notary public) Exhibit "C" Page 2 of 2 4072-00C.SPC/67P/041194 9 ARTICLE 5 - PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by the ENGINEER as provided in the General Conditions. 5.1 Progress Payments OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER upon completion and acceptance at intervals of not more than once a month. All progress payments will be on the basis of the progress of the Work measured by the schedule of values provided for in paragraph 14.1 of the General Conditions, less such amounts as ENGINEER shall determine in accordance with Article 14.7 of the General Conditions. It is the intent of this Agreement that the storm sewer portion of the work be inspected and approved by the Owner's (Village of Key Biscayne) representatives and the water line portion be inspected and approved by Miami -Dade Water and Sewer Department (WASD) inspectors. Two copies of the applications for payment shall be submitted to the Owner separately for each portion. Approval and payment may be independently processed at the option of the Owner. The Contractor will receive payment for the water portion when the Owner is reimbursed by WASD for each submitted application. All costs shall be separated between the two portions as stated in the detailed specifications. 5.2 Final Payment Upon final completion and acceptance of the Work in accordance with Article 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Article 14.13. 5.3 Retainage Ten percent of all monies earned by the CONTRACTOR shall be retained by the OWNER until the project is totally completed as specified, and accepted by the OWNER. The retainage shall be held until the contractor supplied record drawing mylars for the water line construction are completed and accepted by WASD. Any interest earned on retainage shall accrue to the benefit of the OWNER. ARTICLE 6 - INTEREST All moneys not paid when due hereunder shall bear interest at the maximum rate allowed by law at the place of the Project. 4072-00B.SPC/67P/111494 I ,C) A-4 ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality and with all local conditions and federal, state and local laws, ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. 7.2 CONTRACTOR has studied carefully all reports (if any) of investigations and tests of subsurface and latent physical conditions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions. 7.3 CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports (if any) and related data in addition to those referred to in Article 7.2 as he deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, tests, reports or similar data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reports and data with the terms and conditions of the Contract Documents. 7.5 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to the CONTRACTOR. Article 8 - CONTRACT DOCUMENTS The Contract Documents which comprise the agreement between OWNER and CONTRACTOR are attached to this Agreement, made a part hereof and consist of the following: 8.1 This Agreement (pages A-1 to A-11, inclusive). 8.2 Exhibits to this Agreement. 8.3 Performance and Payment Bond (pages PB-1 to PB-3, inclusive). 8.4 Release of Lien (page RL-1). 8.5 Notice of Award (pages NOA-1 to NOA-2, inclusive). 4072-00B.SPC/67P/111494 'o i A-5 8.6 General Conditions (pages GC -1 to GC -42, inclusive) EJCDC (1990 Edition) 1910-8. 8.7 Supplementary Conditions (pages SC -1 to SC -14, inclusive, and Exhibits A, B and C). 8.8 Detailed Specifications (pages DS -101-1 to DS -455-1, and WS -1 to WS -41). 8.9 Drawings, consisting of a cover sheet and sheets numbered C-1 through C-48 inclusive with each sheet bearing the following general title: Stormwater Improvement Plan, Basins 1-8, Village of Key Biscayne (Engineer's Project No. 4072.00); and Miami -Dade Water and Sewer Department Plans E.R. 14012 Sheets 1 of 6 through 6 of 6, Drawing No. W -12194-A through W -12199-A. 8.10 Geotechnical Engineering Study (pages GES-1 to GES-40). 8.11 Miami Dade Water and Sewer Department Details (18 pages). 8.12 Addenda numbers. 8.13 Documentation submitted by CONTRACTOR prior to Notice of Award. 8.14 Any Modification, including Change Orders, duly delivered after execution of Agreement. 8.15 Metro Dade County, Minority Subcontractor, Minimum Requirements (MD -1 to MD -29). 8.16 Metro Dade County, Responsible Wage and Benefits (MDC-1 to MDC-37). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be altered, amended or repealed by a Modification (as defined in Article 3 of the General Conditions). ARTICLE 9 - MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 4072-00B.SPC/67P/111594 A-6 bZ CONTRACTOR'S INITIALS DATE: (7--- 15-19 Lit ITEM NO. STORMWATER IMPRbVEMENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 1 100-1 ALLOWANCE ACCOUNT LS 1 $2,500.00 $2,500.00 101-1 MOBILIZATION LS 1 $17,000.00 $17,000.00 101-2 INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 $2,500.00 $2,500.00 102-7 MAINTENANCE OF TRAFFIC LS 1 $12,000.00 $12,000.00 104-11 FLOATING TURBIDITY BARRIER LF 75 $15.00 $1,125.00 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 40 $15.00 $600.00 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 40 $20.00 $800.00 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 40 $30.00 $1,200.00 380-4 TREE REPLACEMENT EA 8 $400.00 $3,200.00 380-5 PAVEMENT MARKING SF 100 $1.50 $150.00 380-6 PAVEMENT OVERLAY (1") SY 7300 $2.20 $16,060.00 425-1 INLETS (P -BOX) EA 8 $3,100.00 $24,800.00 425-1A INLETS (J -BOX) EA 0 $3,300.00 $0.00 425-2 MANHOLES (P -BOX) EA 11 $2,100.00 - $23,100.00 425-2A MANHOLES (J -BOX) EA 0 $3,200.00 $0.00 Note: No unit price is required if there is 0 quantity. BASIN 1 SUBTOTAL: $105,060.00 3.1 CONTRACTOR'S INITIALS DATE: (2. - 15 " (J 4 ITEM NO. STORMWATER IaP tVEMENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 1 425-2B CONFLICT MANHOLES(P-BOX)(Contingency) EA 1 $3,500.00 $3,500.00 425-2C CONFLICT MANHOLES(J-BOX)(Contingency) EA 0 $4,000.00 $0.00 425-4 ADJUSTING INLETS EA 4 $400.00 $1,600.00 425-5 ADJUSTING MANHOLES EA 5 $200.00 $1,000.00 425-11 MODIFYING INLETS _ EA 1 $1,000.00 $1,000.00 430-1 STORM SEWER PIPE (18") LF 952 $64.00 $60,928.00 430-1A STORM SEWER PIPE (24") LF 1002 $69.00 $69,138.00 430-1 B STORM SEWER PIPE (30") LF 0 $77.00 $0.00 430-1C STORM SEWER PIPE (36") LF 0 $86.00 $0.00 444-70A DEEP DRAIN. WELL (IN -LINE) EA 0 $24,000.00 $0.00 44470B DEEP DRAIN. WELL SYSTEM W/EXTE. WELL EA 1 $32,000.00 $32,000.00 455-133 STEEL SHEET PILING (TEMP.) SF 860 $6.00 $5,160.00 BASIN 1 TOTAL: $279,386.00 file 40 7 2bjd2 wk 3 WHS Proj No 4072 00 8/24194 3.2 CONTRACTOR'S INITIALS t--16- 9h - ITEM NO. STORMWATER II OVEMENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 2 100-1 ALLOWANCE ACCOUNT LS 1 $2,500.00 $2,500.00 101-1 MOBILIZATION LS 1 $13,000.00 $13,000.00 101-2 INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 $2,000.00 $2,000.00 102-7 MAINTENANCE OF TRAFFIC LS 1 $8,000.00 $8,000.00 104-11 FLOATING TURBIDITY BARRIER LF 75 $15.00 $1,125.00 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 100 $15.00 $1,500.00 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 100 $20.00 $2,000.00 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 100 $30.00 $3,000.00 380-4 TREE REPLACEMENT EA 5 $400.00 $2,000.00 380-5 PAVEMENT MARKING SF 100 $1.50 $150.00 380-6 PAVEMENT OVERLAY (1") SY 7500 $2.20 $16,500.00 425-1 INLETS (P -BOX) EA 9 $3,100.00 $27,900.00 425-1A INLETS (J -BOX) EA 0 $3,300.00 $0.00 425-2 MANHOLES (P -BOX) EA 9 $2,100.00 $18,900.00 425-2A MANHOLES (J -BOX) EA 0 $3,200.00 $0.00 Note No unit price is required if there is 0 quantity. BASIN 2 SUBTOTAL: $98,600.00 3.3 CONTRACTOR'S INITIALS (2- 15- 9 ITEM NO. STORMWATER IMPR6V ENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT BASIN, COST COST DESCRIPTION BASIN 2 425-28 CONFLICT MANHOLES(P-BOX)(Contingency) EA 0 $3,500.00 $0.00 425-2C CONFLICT MANHOLES(J-BOX)(Contingency) EA 0 $4,000.00 $0.00 425-4 ADJUSTING INLETS EA 2 $400.00 $800.00 425-5 ADJUSTING MANHOLES EA 4 $200.00 $800.00 425-11 MODIFYING INLETS EA 1 $1,000.00 $1,000.00 430-1 STORM SEWER PIPE (18") LF 1170 $64.00 $74,880.00 430-1A STORM SEWER PIPE (24") LF 314 $69.00 $21,666.00 430-1 B STORM SEWER PIPE (30") LF 0 $77.00 $0.00 430-1C STORM SEWER PIPE (36") LF 0 $86.00 $0.00 444-70A DEEP DRAIN. WELL (IN -LINE) EA 0 $24,000.00 $0.00 444-70B DEEP DRAIN. WELL SYSTEM W/EXTE. WELL EA 1 $32,000.00 $32,000.00 455-133 STEEL SHEET PILING (TEMP.) SF 860 $6.00 $5,160.00 BASIN 2 TOTAL: $234,906.00 Ile 4072bJd2 .4c3 WHS Prof No 4072 00 8124194 3.4 CONTRACTOR'S INITIALS 112. -k -°t4 ITEM NO. STORMWATER IMP MENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 3 100-1 ALLOWANCE ACCOUNT LS 1 $10,000.00 $10,000.00 101-1 MOBILIZATION LS 1 $72,000.00 $72,000.00 101-2 INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 $11,000.00 $11,000.00 102-7 MAINTENANCE OF TRAFFIC LS 1 $46,000.00 $46,000.00 104-11 FLOATING TURBIDITY BARRIER LF 75 $15.00 $1,125.00 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 250 $15.00 $3,750.00 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 250 $20.00 $5,000.00 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 250 $30.00 $7,500.00 380-4 TREE REPLACEMENT EA 25 $400.00 $10,000.00 380-5 PAVEMENT MARKING SF 600 $1.50 $900.00 380-6 PAVEMENT OVERLAY (1") SY 41000 $2.20 $90,200.00 425-1 INLETS (P -BOX) EA 43 $3,100.00 $133,300.00 425-1A INLETS (J -BOX) EA 9 $3,300.00 $29,700.00 425-2 MANHOLES (P -BOX) EA 31 $2,100.00 $65,100.00 425-2A MANHOLES (J -BOX) EA 2 $3,200.00 $6,400.00 Note: No unit price is required if there is 0 quantity. BASIN 3 SUBTOTAL: $492,000.00 3.5 CONTRACTOR'S INITIALS /_.- IS -9h - ITEM NO. STORMWATER IM EMENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 3 425-2B CONFLICT MANHOLES(P-BOX)(Contingency) EA 1 $3,500.00 $3,500.00 425-2C CONFLICT MANHOLES(J-BOX)(Contingency) EA 1 $4,000.00 $4,000.00 425-4 ADJUSTING INLETS EA 8 $400.00 $3,200.00 425-5 ADJUSTING MANHOLES EA 7 $200.00 $1,400.00 425-11 MODIFYING INLETS EA 14 $1,000.00 $14,000.00 430-1 STORM SEWER PIPE (18") LF 6168 $64.00 $394,752.00 430-1A STORM SEWER PIPE (24") LF 1101 $69.00 $75,969.00 430-1B STORM SEWER PIPE (30") LF 1608 $77.00 $123,816.00 430-1C STORM SEWER PIPE (36") LF 485 $86.00 $41,710.00 444-70A DEEP DRAIN. WELL (IN -LINE) EA 3 $24,000.00 $72,000.00 444-70B DEEP DRAIN. WELL SYSTEM W/EXTE. WELL EA 1 $32,000.00 $32,000.00 455-133 STEEL SHEET PILING (TEMP.) SF 860 $6.00 $5,160.00 BASIN 3 TOTAL: $1,263,507.00 file 40720E12 v40 WHS Pro, No 4072 00 8/24194 3.6 CONTRACTOR'S INITIALS ITEM NO. STORMWATER IMPR V MENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 4 100-1 ALLOWANCE ACCOUNT LS 1 $2,000.00 $2,000.00 101-1 MOBILIZATION LS 1 $10,000.00 $10,000.00 101-2 INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 $1,500.00 $1,500.00 102-7 MAINTENANCE OF TRAFFIC LS 1 $6,000.00 $6,000.00 104-11 FLOATING TURBIDITY BARRIER LF 100 $15.00 $1,500.00 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 40 $15.00 $600.00 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 40 $20.00 $800.00 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 40 $30.00 $1,200.00 380-4 TREE REPLACEMENT EA 10 $400.00 $4,000.00 380-5 PAVEMENT MARKING SF 100 $1.50 $150.00 380-6 PAVEMENT OVERLAY (1") SY 6800 $2.20 $14,960.00 425-1 INLETS (P -BOX) EA 4 $3,100.00 $12,400.00 425-1A INLETS (J -BOX) EA 1 $3,300.00 $3,300.00 425-2 MANHOLES (P -BOX) EA 6 $2,100.00 $12,600.00 425-2A MANHOLES (J -BOX) EA 0 $3,200.00 $0.00 Note: No unit price is required if there is 0 quantity. BASIN 4 SUBTOTAL: $71,035.00 3.7 CONTRACTOR'S INITIALS 1' .- IS- 9/4. ITEM NO. STORMWATER IMPf tQ,IENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT COST BASIN COST DESCRIPTION BASIN 4 425-2B CONFLICT MANHOLES(P-BOX)(Contingency) EA 1 $3,500.00 $3,500.00 425-2C CONFLICT MANHOLES(J-BOX)(Contingency) EA 0 $4,000.00 $0.00 425-4 ADJUSTING INLETS EA 1 $400.00 $400.00 425-5 ADJUSTING MANHOLES EA 5 $200.00 $1,000.00 425-11 MODIFYING INLETS EA 1 $1,000.00 $1,000.00 430-1 STORM SEWER PIPE (18") LF 736 $64.00 $47,104.00 430-1A STORM SEWER PIPE (24") LF 395 $69.00 $27,255.00 430-1 B STORM SEWER PIPE (30") LF 0 $77.00 $0.00 430-1C STORM SEWER PIPE (36") LF 0 $86.00 $0.00 444-70A DEEP DRAIN. WELL (IN -LINE) EA 0 $24,000.00 $0.00 444-70B DEEP DRAIN. WELL SYSTEM W/EXTE. WELL EA 1 $32,000.00 $32,000.00 455-133 STEEL SHEET PILING (TEMP.) SF 860 $6.00 $5,160.00 BASIN 4 TOTAL: $188,454.00 file 4072142 w1c3 W1 -LS Proj No 4072 00 8!24194 3.8 CONTRACTOR'S INITIALS 12 -►S -°t4 ITEM NO. STORMWATER IMPR MENT PLAN BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 5 100-1 ALLOWANCE ACCOUNT LS 1 $2,500.00 $2,500.00 101-1 MOBILIZATION LS 1 $13,000.00 $13,000.00 101-2 INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 $2,000.00 $2,000.00 102-7 MAINTENANCE OF TRAFFIC LS 1 $8,000.00 $8,000.00 104-11 FLOATING TURBIDITY BARRIER LF 100 $15.00 $1,500.00 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 40 $15.00 $600.00 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 40 $20.00 $800.00 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 40 $30.00 $1,200.00 380-4 TREE REPLACEMENT EA 5 $400.00 $2,000.00 380-5 PAVEMENT MARKING SF 200 $1.50 $300.00 380-6 PAVEMENT OVERLAY (1") SY 10000 $2.20 $22,000.00 425-1 INLETS (P -BOX) EA 6 $3,100.00 $18,600.00 425-1A INLETS (J -BOX) EA 0 $3,300.00 $0.00 425-2 MANHOLES (P -BOX) EA 7 $2,100.00 $14,700.00 425-2A MANHOLES (J -BOX) EA 0 $3,200.00 $0.00 Note No unit pnce is required if there is 0 quantity. BASIN 5 SUBTOTAL: $87,225.00 3.9 CONTRACTOR'S INITIALS 12.-15-9‘i ITEM STORMWATER IMPROVEMENT PLAN NO. BASINS 1 - 8 UNIT QUANTITY UNIT BASIN COST COST DESCRIPTION BASIN 5 425-2B ICONFLICT MANHOLES(P-BOX)(Contingency) EA 1 $3,500.001 $3,500.00 425-2C CONFLICT MANHOLES(J-BOX)(Contingency) EA 1 $4,000.00 $4,000.00 425-4 ADJUSTING INLETS EA 1 $400.00 $400.00 425-5 ADJUSTING MANHOLES EA 4 $200.00 $800.00 425-11 MODIFYING INLETS EA 2 $1,000.00 $2,000.00 430-1 STORM SEWER PIPE (18") LF 1315 $64.00 $84,160.00 430-1A STORM SEWER PIPE (24") LF 12 $69.00 $828.00 430-1B STORM SEWER PIPE (30") LF I 0 $77.00 $0.00 430-1C STORM SEWER PIPE (36") LF 0 $86.00 $0.00 ;444-70A DEEP DRAIN. WELL (IN -LINE) EA 0 $24,000 00 $0.00 !444-70B DEEP DRAIN. WELL SYSTEM W/EXTE. WELL EA 1 $32,000.00 $32,000.00 455-133 STEEL SHEET PILING (TEMP.) SF 860 $6.00 $5,160.00 BASIN 5 TOTAL: $220,073.00 the 4072b;C2 wK3 WM6 Proj No 4072 00 812494 3.10 CONTRACTOR'S INITIALS ( 2-- f5- 91.z ITEM ' STORMWATER IM'P t EMENT PLAN NO, I BASINS 1- 8 UNIT I QUANTITY ; UNIT ! COST BASIN j COST DESCRIPTION BASIN 6 100-1 (ALLOWANCE ACCOUNT LS 1 $12,500.00 $12,500.00 101-1 !MOBILIZATION LS 1 $75,000.00 $75,000.00 !101-2 1INDEMNIFICATION LS 1 $25 00 $25.00 !101-3 !PERFORMANCE AND PAYMENT BOND LS 11 $11,500.00 $11,500.00 102-7 1MAINTENANCE OF TRAFFIC LS 1 $48,000.00 $48,000.00 104-11 ;FLOATING TURBIDITY BARRIER LF 1501 $15.00 $2,250.00 1 I 1380-2 1DRIVEWAY RESTORATION (ASPHALT) SY 2501 $15.00 $3,750.00 '380-2A (DRIVEWAY RESTORATION (CONCRETE) SY 2501 $20 00 $5,000.00 '380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 250 $30.00 $7,500.00 ;380-4 TREE REPLACEMENT EA 451 $400.00 $18,000.00 !380-5 1PAVEMENT MARKING SF 5001 $1.50 $750.00 ;380-6 ;PAVEMENT OVERLAY (1") SY 443001 $2.20 $97,460.00 425-1 INLETS (P -BOX) EA 42 , $3 100.00 $130,200.00 425-1A 'INLETS (J -BOX) ! EA 0 $3,300.00 $0.00 1425-2 MANHOLES (P -BOX) j EA 59 $2.100 00 $123,900 00 425-2A 1MANHOLES (J -BOX) EA 0 $3,200.00 $0.00 Note: No unit price is required if there is 0 quantity. BASIN 6 SUBTOTAL: $535,835.00 3.11 CONTRACTOR'S INITIALS 1 94 ITEM ; STORMWATER IN\IR /EMENT PLAN NO. BASINS 1 - 8 UNIT I QUANTITY , UNIT COST BASIN COST DESCRIPTION ! BASIN 6 425-2B CONFLICT MANHOLES(P-BOX)(Contingency) EA 1 $3.500.00 $3,500.00 425-2C CONFLICT MANHOLES(J-BOX)(Contingency) EA 1 $4,000.00 $4,000.00 !425-4 ADJUSTING INLETS EA 6 $400.00 $2,400.00 425-5 (ADJUSTING MANHOLES EA 2 $200.00 $400.00 425-11 MODIFYING INLETS EA 17 $1,000 00 $17,000.00 430-1 ISTORM SEWER PIPE (18") LF 6925 $64.00 $443,200.00 ;430-1A (STORM SEWER PIPE (24") LF 1331 $69.00 $91,839.00 430-1B !STORM SEWER PIPE (30") LF 1537 $77.00 $118,349.00 430-1C !STORM SEWER PIPE (36") LF 0 $86.00 $0.00 !444-70A DEEP DRAIN. WELL (IN -LINE) EA 3 $24,000.00 $72,000.00 444-70B DEEP DRAIN. WELL SYSTEM W/EXTE. WELL EA 1 $32,000.00 $32,000.00 455-133 (STEEL SHEET PILING (TEMP.) SF 860 $6.00 $5,160.00 I BASIN 6 TOTAL: $1,325,683.00 •he 40726)42 wK3 W416 Pro) No 407200 6124194 3.12 CONTRACTOR'S INITIALS l 'z -15- 41t ITEM STORMWATER IM VMENT PLAN NO. BASINS 1 - 8 ; UNIT QUANTITY UNIT ! BASIN COST COST DESCRIPTION BASIN 7 100-1 'ALLOWANCE ACCOUNT LS 1 $14,000.00 $14,000.00 101-1 MOBILIZATION LS 1 $81,000.00 $81,000.00 101-2 ;INDEMNIFICATION LS 1 $25.00 $25.00 101-3 1PERFORMANCE AND PAYMENT BOND LS 1 $12.500.00 $12,500.00 102-7 (MAINTENANCE OF TRAFFIC LS 1 $52,000.00 $52,000.00 104-11 1FLOATING TURBIDITY BARRIER LF 75 $15.00 $1,125.00 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 250 $15.00 $3,750.00 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 250 $20.00 $5,000.00 1380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 250 $30.00 $7,500.00 380-4 [TREE REPLACEMENT EA 70 $400.00 $28,000.00 380-5 (PAVEMENT MARKING SF 500 $1.50 $750.00 380-6 (PAVEMENT OVERLAY (1") SY 31300 $2.201 $68,860.00 425-1 (INLETS (P -BOX) EA 60 I $3,100.00 $186,000.00 425-1A INLETS (J -BOX) EA 0 $3.300.00 $0.00 '425-2 (MANHOLES (P -BOX) EA 46 $2,100.00 $96,600.00 "425-2A 'MANHOLES (J -BOX) EA 1 $3,200.00 I $3,200.00 Note: No unit price is required if there is 0 quantity. BASIN 7 SUBTOTAL: $560,310.00 3.13 CONTRACTOR'S INITIALS I L-15- 9.4 ITEM I STORMWATER I VEMENT PLAN NO. BASINS 1 - 8 UNIT QUANTITY UNIT COST BASIN COST DESCRIPTION 1 BASIN 7 1425-2B CONFLICT MANHOLES(P-BOX)(Contingency) EA 1 $3,500.00 $3,500.00 425-2C CONFLICT MANHOLES(J-BOX)(Contingency) EA 1 $4,000.00 $4,000.00 425-4 ADJUSTING INLETS EA 2 $400.00 $800.00 1425-5 !ADJUSTING MANHOLES EA 27 $200.00 $5,400.00 425-11 !MODIFYING INLETS EA 9 $1,000.00 $9,000.00 430-1 (STORM SEWER PIPE (18") LF 8828 $64.00 $564,992.00 1430-1A STORM SEWER PIPE (24") LF 2660 $69.00 $183,540.00 1430-1B STORM SEWER PIPE (30") LF 575 $77.00 $44,275.00 ,430-1 C (STORM SEWER PIPE (36") LF 548 $86 00 $47,128.00 1444-70A !DEEP DRAIN. WELL (IN -LINE) EA 3 $24.000.00 $72,000.00 1444-70B !DEEP DRAIN. WELL SYSTEM W/EXTE. WELL EA 1 $32,000.00 $32,000.00 1455-133 !STEEL SHEET PILING (TEMP.) 1 SF 860 $6.00 $5,160.00 BASIN 7 TOTAL: $1,532,105.00 file 4072b102 wk3 WHS Proj No 4072 00 B/24/94 3.14 CONTRACTOR'S INITIALS ITEM ; STORMWATER I P O EMENT PLAN UNIT NO. BASINS - 8 QUANTITY UNIT COST BASIN COST DESCRIPTION BASIN 8 100-1 ALLOWANCE ACCOUNT LS 1 $8.000.00 $8,000.00 101-1 MOBILIZATION LS 1 $46,000.00 $46,000.00 101-2 INDEMNIFICATION LS 1 $25.00 $25.00 101-3 PERFORMANCE AND PAYMENT BOND LS 1 $7,000.00 $7,000.00 102-7 MAINTENANCE OF TRAFFIC LS 1 $30,000.00 $30,000.00 104-11 FLOATING TURBIDITY BARRIER j LF 75 $15.00 $1,125.00 380-2 DRIVEWAY RESTORATION (ASPHALT) SY 250 $15.00 $3,750.00 380-2A DRIVEWAY RESTORATION (CONCRETE) SY 250 $20.00 $5,000.00 380-2B DRIVEWAY RESTORATION (SPECIALTY) SY 250 $30.00 $7,500.00 380-4 TREE REPLACEMENT EA 15 $400.00 $6,000.00 380-5 PAVEMENT MARKING SF 500 $1.50 $750.00 380-6 PAVEMENT OVERLAY (1") , SY 36000 $2.20 $79,200.00 425-1 INLETS (P -BOX) EA 17 $3,100.00 $52,700.00 425-1A INLETS (J -BOX) EA 0 $3.300.00 $0.00 425-2 MANHOLES (P -BOX) EA 30 $2,100 00 $63,000.00 425-2A 1MANHOLES (J -BOX) EA 0 $3,200.00 $0.00 Note: No unit price is required if there is 0 quantity. BASIN 8 SUBTOTAL: $310,050.00 3.15 CONTRACTOR'S INITIALS ITEM STORMWATER IM MENT PLAN , NO. BASINS 1 - 8 UNIT QUANTITY UNIT COST BASIN i COST DESCRIPTION BASIN 8 425-2B ;CONFLICT MANHOLES(P-BOX)(Contingency) EA 1_ $3,500.00 $3,500 00 425-2C CONFLICT MANHOLES(J-BOX)(Contingency) EA 1 $4,000.00 $4,000.00 425-4 ADJUSTING INLETS EA 12 $400.00 $4,800 001 425-5 ADJUSTING MANHOLES ' EA 26 $200.00 $5,200.00 425-11 MODIFYING INLETS EA 11 $1,000.00 $11,000.00 430-1 STORM SEWER PIPE (18") LF 4014 $64.00 $256,896.00 430-1A STORM SEWER PIPE (24") LF 890 $69.00 $61,410.00 , 430-1B STORM SEWER PIPE (30") LF 1060 $77.00 $81,620.00 430-1C 1STORM SEWER PIPE (36") LF 0 $86.00 $0 00 , 444-70A 'DEEP DRAIN. WELL (IN -LINE) EA 2 $24 000 00 $48,000.00 444-70B DEEP DRAIN. WELL SYSTEM W/EXTE. WELL EA 1 $32,000.00 $32,000.00 455-133 STEEL SHEET PILING (TEMP.) SF 860 $6.00 $5,160.00 BASIN 8 TOTAL: $823,636.00 fNIs:4072b4o2.wK3 WH8 Prod. No: 4072.00 8!24/94 3.16 RACTOR'S INITIALS ITEM NO. VILLAGE OF SCAYNE WATER LINE IMPROVEMENTS DATE: 112.-- L UNIT QUANTITY UNIT COST TOTAL COST DESCRIPTION 1 '12 inch Ductile iro ipe and fittings (furnis /8, install)1 LF 420 i $50.00 ' $21,000.00 2 ,8 inch Ductile iron pipe d fittings (furni & install) I�..F 9380 i $48.001 $450,240.00 3 16 inch Ductile iron pipe and • •ngs (th ish & install L' 2001 $42.001 $8,400.00 4 "8 inch DI MJ valves & matls (furn & install) E 121 $900.00 ' $10,800.00 5 i6 inch DI MJ valves & matls (furnish & • tall) ! A 81 $750.00 ; $6,000.00 6 Fire hydrant, complete (furnish & install) A 8 $2,200.00 ; $17,600.00 7 jConstruct water main flushing valve assmby j EA 41 $2,200.00 . $8,800.00 8 11 inch single services, short (furnish & install) EA 1061 $500.00 ' $53,000.00 9 !1 inch single services, long (furnish & install) E 10 1 $850.00 $90,100.00 10 Reconnecting services EA 2 $170.001 $36,040.00 11 24 - inch by 12 - inch tapping sleeve & 12 - inch tapping valve (furnish & install) EA 6,600.001 $6,600.00 12 8 - inch by 8 - inch tapping sleeve & 8 - inch tapping valve (furnish & install) EA 6 $2,800.00 $16,800.00 13 6 - inch by 6 - inch tapping sleeve & 6 - inch tapping valve (furnish & install) EA 6 $ , 00.00 $14,400 00 14 Trench overcut in one foot increments (CONTINGENT ITEM) LF 100 $15.00 1 J $1,500.00 15 Furnish traffic control (Maintanence of traffic) LS 1 $36.000.00 ' 36,000.00 16 (Pavement Markings SF 400 $1.50' 00.00 Note: No unit price is required if there is 0 quantity. WATER LINE SUBTOTAL: $777,880.00 3.17 CONTRACTOR'S INITIALS DATE: t'2. - CE -qb IT NO. VILLAGE OF ISCAYNE WATER LINE IMPROVEMENTS UNIT QUANTITY UNIT COST TOTAL COST DESCRIPTION 17 1Polyethlene a Bement of any size pipe if required (CONTI CY ITEM) LF ! 10000 $6.00 $60,000 00 j 18 Driveway Restoration (CO GENCY) S 400 $30 00 $12,000 00' 19 Pavement Overlay 1" thick (CO GENCY` SY I 500 $2.20 i $1,100.001 20 Complying with Trench Safety Act ! LF X10000 $2.20 $22,000.00 21 1Special Shoring (items 1-6 & 17) \LS\ 1 $10,000.00 $10,000.00 22 Sheeting & shoring left in place (CONTINGENCY) SF 100 $100.00 $10,000.00 23 Sodding S 2300 $3.00 $6,900.00 24 Mobilization LS $ 10,000.00 $110,000.00 $90,000.00 25 Allowance fund for unforseen conditions, LS minor construction changes & quantity adjust. $90,000.00 j 1 WATERLINE BID PRICE IN WORDS: WATER LINE TOTAL: $1,099,880.00 CDIQE t LL I o NAT Y n Nia 1 t--c)Q J0 N'T N E1q i N( x?o i\173 flle:4072b1d2.wK3 WHS Pro!. No. 4072 00 8/24194 3.18 12- I5. q4 �J SUMMARY OF BASINS BASIN NO. TOTAL BASED ON ESTIMATED QUANTITIES 1 TOTAL OF BASIN 1 ITEMS $279.386.00 2 !TOTAL OF BASIN 2 ITEMS $234,906.00 3 ',TOTAL OF BASIN 3 ITEMS $1,263,507 00 4 'TOTAL OF BASIN 4 ITEMS $188,454.00 5 ',TOTAL OF BASIN 5 ITEMS $220,073.00 6 TOTAL OF BASIN 6 ITEMS $1,325,683.00 7 TOTAL OF BASIN 7 ITEMS $1,532,105 00 8 TOTAL OF BASIN 8 ITEMS j $823,636.00 kmoumT I N tOoeoS fiie.4072b1d2.wu3 WHS Pro!. No: 4072.00 8/24/04 TOTAL BASIN 1 - 8 BID $5,867,750.00 3.19 - t-iNov ri 0 2 Inc an -Q0 al\ -'t 9.3 OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to the other party hereto, his partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. ARTICLE 10 - INDEMNITY In consideration of Twenty Five Dollars ($25.00) and other valuable consideration, CONTRACTOR agrees to indemnify and hold harmless the OWNER and ENGINEER, their agents and employees in accordance with Articles 6.30, 6.31 and 6.32 of the General Conditions. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the "Specific Consideration" therefor. ARTICLE 11 - REIMBURSEMENT OF ENGINEERING EXPENSES Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse OWNER for all expenses of engineering and inspection incurred by OWNER during the period between said specified or adjusted time and the actual date of substantial completion. All such expenses for engineering and inspection incurred by OWNER will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as ENGINEER's charges associated with the construction contract project management, including resident project representative costs. These expenses are not included in the daily rate for liquidated damages as defined in Article 3.2 of this Agreement. These are additional expenses to be added to the liquidated damages if they are assesed against the CONTRACTOR. 4072-00B.SPC/67P/111594 A-7 IN WITNESS WHEREOF, the parties hereto have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. VILLAGE OF KEY BISCAYNE: 3. c:D57_,74_ Date Mayor Izks' [VILLAGE SEAL] the de Moya Group, is etr CONTRACTOR: 12209 South Dixie Hwy. Miami, FL 33156 Date Armando de Moya President 3-23 — 95 [CORP I TE SEAL] Attest ) /' ""'"' Attest City Clerk Date Approved as to Form Village's Attorney Date b [21 I is' 4072-00B.SPC/67P/041194 Jorge Juan de My Secretary/Treasurer Address for giving notices the de Maya Group, Inc, 12209 South Dixie Hwy, Miami, FL 33156 License No. E ^ .140/L Agent for service of process: Armando de Moya President A-8 b4 ACKNOWLEDGMENT OF CONTRACTOR, IF AN INDIVIDUAL STATE OF COUNTY OF On this day came and appeared to me known and known to me to b foregoing Contract and acknowledged ) ) ) SS: , 199 , before me personally son described in and who executed the he executed the same. Witness my hand and official ne arial seal a the day and year above writ My Commissi. Expires Notary Public 4072-00B.SPC/67P/041194 aS A-9 ACKNOWLEDGMENT OF CONTRACTOR, IF A PARTNERSHIP STATE OF COUNTY OF ) ) ) SS: On this day , 1•'_, before me personally came and appeared to me known and known to me to be s•e of the embers of the partnership of cribed in and who executed the foregoing instrument and he acknowled• d tha e executed the same on behalf of said partnership and that same is e act and dee. of said partnership. Witness my hand and officia notarial seal at the day and year above w tten. My Commi.sion Expires 4072-00B.SPC/67P/041194 A-10 Notary Public Cob ACKNOWLEDGMENT OF CONTRACTOR, IF A CORPORATION STATE OF MR‘c" COUNTY OF , Cdr, SS: On this '25e day of V- 1 A K"- 199 , before me personally came and appeared -RkreelArwao ?)‘v_ to me known, who, being by me duly sworn, did depose and say that he resides at in1 A 111 --;7I..OQII:0IN , that he is the PSt T o tloyA Roop. . C , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that one of the impressions affixed to said instrument is an impression of such seal; that he is the proper official of said corporation designated to execute such Contract, that he has authority so to do, that he executed same for and in behalf of said corporation, and that his act is the act and deed of said corporation. Witness my hand and official notarial seal at the day and year above written. .ti 7,,,, ALISA DE MOYA MY COMMISSION N CC 421853 y. "r EXPIRES: February 12, 1999 ........... Bundod Thai Notary Public Underwriters My Commission Expires 4072-00B.SPC/67P/041194 A-11 rr1 --V7L.4042400( Notary Public PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: Bond No. 148 84 07 That The de Moya Group, Inc. , as Principal, hereinafter called Contractor, and The Continental Insurance Company, 180 Maiden Lane, New Yor, NY 10038 , a corporation of the State of New Hampshire , as surety, hereinafter called Surety, are held and firmly bound unto the Village of Key Biscayne as Obligee, hereinafter called Owner in Five Million Eight Hundred Sixty -Seven the amount of Thousand Seven Hundred Fifty ---dollars ($5,867,750.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for the construction of a project entitled as: Stormwater Improvement Plan Basins 1-8 and Water Distribution Improvements Village of Key Biscayne Engineer's Project No. 4072.00 in accordance with Plans and Specifications prepared by Williams, Hatfield and Stoner, Inc. and Miami -Dade Water and Sewer Authority, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract and shall promptly make payments to all persons supplying Contractor labor, materials and supplies, used directly or indirectly by the said Contractor, or subcontractors, in the prosecution of the work provided for in said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. This bond shall cover the "One Year Correction Period" as required under Article 13.12 of the General Conditions of this Contract. 4072-00B.SPC/67P/082994 PB-1 to g Whenever Contractor shall be, and declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: Complete the Contract in accordance with its terms and conditions, or 2 Obtain a Bid or Bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner, and Surety of the lowest responsible Bidder, arrange for a Contract between such Bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of the two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein and those persons or corporations provided for by Section 255.05, Florida Statutes, of their heirs, executors, administrators, successors or assigns. Signed and sealed this 23 day off \ A , A.D., 1995. IN THE PRESENCE OF: 4072-008.SPC/67P/091594 CONTMCIO tre—zte-i4a35a - Group, Inc. Armando de Moya, President INSURANCE COMPANY: The Continental Insurance Company (! C.&A-fix% Attorney -in -Fact Mary C Aceves By: Charles J. Nielson, Florida Resident Agent PB-2 too CERTIFICATE AS TO CORPORATE PRINCIPAL I, Jorge Juan de Moya , certify that I am the Secretary of the Corporation named as Principal in the foregoing Performance and Payment Bond; that Armando de Moya , who signed the Bond on behalf of the Principal, was then President of said Corporation; that I know his signature; and his signature thereto is genuine; and that sa ' was duly signed, sealed and attested for and in behalf of said Corpora authority authority of its governing body. (Name of Corporation) (SEAL) STATE OF FLORIDA ) ) SS: COUNTY OF BROWARD ) Before me, a Notary Public duly commissioned, qualified and acting personally, appeared: Mary C. Aceves to me well known, who being by me first duly sworn upon oath says that he is the Attorney -in -Fact for the The Continental Insurance Company and that he has been authorized by them to execute the foregoing Performance and Payment Bond on behalf of the Contractor named therein in favor of the District. Subscribed and Sworn to before me this 20th day of March A.D. 1995 . JOAN F MORRISON My Commission CC371030 Expires May. 13, 1998 Bonded by ANB 800-852-5878 My Commission Expires 4072-00B.SPC/67P/041194 P B - 3 No ary Public, tate of Florida 70 The Continental Insurance Company 180 Maiden Lane, New York, New York 10038 GENERAL POWER OF ATTORNEY Know all men by these Presents, That THE CONTINENTAL INSURANCE COMPANY has made, constituted and appointed, and by these presents does make, constitute and appoint Mary C. Aceves of Miami Lakes, Florida its true and lawful attorney, for it and in its name, place, and stead to execute on behalf of the said Company, as surety, bonds, undertakings and contracts of suretyship to be given to All Obligees provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of $Unlimited Dollars This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company on the 1st day of November, 1977: "RESOLVED, that the Chairman of the Board, the Vice Chairman of the Board, the President, an Executive Vice President or a Senior Vice President or a Vice President of the Company, be, and that each or any of them is, authonzed to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute in behalf of the Company, bonds, undertakings and all contracts of suretyship; and that an Assistant Vice President, a Secretary or an Assistant Secretary be, and that each or any of them hereby is, authorized to attest the execution of any such Power of Attorney, and to attach thereto the seal of the Company. FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached " In Witness Whereof, THE CONTINENTAL INSURANCE COMPANY has caused its official seal to be hereunto affixed, and these presents to be signed by one of its Vice Presidents and attested by one of its Assistant Vice Presidents this 1st day of May, 1985. THE CONTINENTAL INSURANCE COMPANY Attest: By Robert W. Adler, Sr., Assistant Vice President STATE OF NEW YORK COUNTY OF NEW YORK SS.: Michael I• Beemaert, Vice President On this 1st day of May, 1985, before me personally came Michael J. Beernaert, to me known, who being by me duly sworn, did depose and say that he is a Vice President of THE CONTINENTAL INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. CERTIFICATE aid ETHEL TARANTO NOTARY PUBLIC, State of New York No. 24-4663117 Qual in Kings County Commission Expires March 30, 1986 I, the undersigned, an Assistant Vice President of THE CONTINENTAL INSURANCE COMPANY, a New Hampshire corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force. Signed and sealed at the City of New York, in the State of New York. Dated the �-�r day of 6\041i ,19 g5 277 James M. Keane, Assistant Vice President RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the undersigned, for and in consideration of the payment of the sum of Dollars ($ ) paid by the receipt of which is hereby acknowledges, hereby releases and quit claims to the said , its successors and assigns, and , the Owner, all liens, lien rights, claims, or demands of any kind whatsoever, which the undersigned now has, or might have, against the project legally described as on account of labor performed and/or material furnished for the construction of any improvements thereon. That all labor and materials used by the undersigned in the erection of said improvements have been fully paid for. IN WITNESS WHEREOF, I have hereunto set my hand seal this day of , 19_ . (seal) WITNESSES: By: State of Florida ) County of ) SS: I hereby acknowledge that the statements contained in the foregoing Release of Lien are true and correct. Sworn to and subscribed before me this day of , 19 . Notary Public, State of Florida My Commission Expires RL-1 4072-00B.SPC/67P/111494 71 NOTICE OF AWARD Dated ) 5 , 199c TO: The deMoya Group, Inc. (BIDDER) ADDRESS: 12209 South Dixie Hwy. Miami, Florida 33156 OWNER'S PROJECT NO. sw-04 PROJECT Stormwater Improvement Plan, Basins 1-8 and Water Distribution Improvements, Village of Key Biscayne OWNER'S CONTRACT NO. CONTRACT FOR Stormwater Improvement Plan, Basins 1-8 and Water Distribution Improvements, Village of Key Biscayne (Insert name of Contract as it appears in the Bidding Documents) You are notified that your Bid dated , 199 for the above Contract has been considered. You are the apparent successful bidder and have been awarded a contract for: Stormwater Improvement Plan, Basins 1-8 and Water Distribution Improvements, Village of Key Biscayne (Indicate total work, alternates or sections of work awarded) The Contract Price of your contract is Five Million Eight Hundred Sixty Seven Seven Hundred Fifty Dollars ($5,867,750.00 )- Three copies of each of the proposed Contract Documents (except drawings) accompany this Notice of Award. Three sets of the drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within fifteen days of the date of this Notice of Award, that is by 3/ 30 , 19 9 . 4OV r 1. You must deliver to the ENGINEER three e fully executed counterparts of the Agreement including all the Contract Documents. This includes the triplicate sets of Drawings. Each of the Contract Documents must bear your signature on the cover page. 2. You must deliver with the executed Agreement the Bid Security (bonds) as specified in the Instructions to Bidders (Article 17) and the General Conditions (Article 5.1). 4072-OOB.SPC/67P/091594 1I. NOA-1 3. You must deliver proof of having licenses and permits necessary for the successful completion of the above mentioned project. 4. You must deliver copies of insurance with Owner named as "Additional Insured", as required in the Supplemental Conditions. 5. Sign and deliver to the Engineer the enclosed three copies of the contract documents, specifically: a. The cover sheet of the contract plans b. The cover of the contract specifications c. Pages A-1 through A-11 of the contract documents as required d. Pages PB-1 through PB-3 of the contract documents as required Failure to comply with these conditions within the time specified will entitle OWNER to consider your bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within ten days after you comply with those conditions, OWNER will return to you one fully signed counterpart of the Agreement with the Contract Documents attached. Copy to ENGINEER (Use Certified Mail, Return Receipt Requested) By C-D‘C142 f 1 — a ( • i s),'it 4�2 (0 (AUTHORIZED SI NATURE V.► - e (TITLE) NOA-2 4072-008.SPC/67P/091594 7 3 NOTICE TO PROCEED Dated Nay 15' , 1995 TO: The deMoya Group, Inc. (CONTRACTOR) , ADDRESS: 12209 South Dixie Hwy. Miami, Florida 33156 OWNER'S PROJECT NO. sw-04 PROJECT Stormwater Improvement Plan, Basins 1-8 and Water Disbribution Improvements, Village of Key Biscayne ENGINEER'S PROJECT NO. 4072.00 You are notified that the Contract Time under the above contract will commence to run on June 1 , 1995. By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 3 of the Agreement, the dates of Substantial Completion and Final Completion are Tuesday, July 23, 19 97, and Friday, August 23 , 1997 , respectively. Village of Key Biscayne, Florida Copy to ENGINEER (Use Certified Mail, Return Receipt Requested) By (OWN R) (AUTHORIZED SIGNATURE) Village Manager (TITLE) 4072-00B.SPC/67P/111494 NTP-1 General Conditions 75 APPLICATION FOR PAYMENT NO. To: (OWNER) Contract For OWNER's Contract No. ENGINEER's Project No. For Work accomplished through the date of ITEM CONTRACTOR's Schedule of Values Work Completed Unit Price Quantity Amount Quantity Amount $ $ $ Total (Orig. Contract) C.O. No. 1 C.O. No. 2 $ $ Accompanying Documentation: CONTRACTOR's Certification: GROSS AMOUNT DUE LESS % RETAINAGE AMOUNT DUE TO DATE LESS PREVIOUS PAYMENTS AMOUNT DUE THIS APPLICATION . . . $ $ The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered 1 through inclusive; (2) title to all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of liens, claims, security interest and encumbrances (except such as are covered by Bond acceptable to OWNER indemnifying OWNER against any such lien, claim, security interest or encumbrance); and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective as that term is defined in the Contract Documents. Dated , 19 CONTRACTOR By: (Authorized Signature) Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated , 19 ENGINEER By: (Authorized Signature) 7tc EJCDC No. 1910-8-E (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America. AP -1 1910 -8 -E.90/1 -MASTER TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Number & Title I. DEFINITIONS 1.1 Addenda 1.2 Agreement 13 1.3 Application for Payment I3 1.4 Asbestos 13 1.5 Bid 13 1.6 Bidding Documents 13 1.7 Bidding Requirements 13 1.8 Bonds 13 1.9 Change Order IS 1 10 Contract Documents 13 1 11 Contract Price 13 1.12 Contract Times 13 1.13 CONTRACTOR 13 1.14 defective 13 1 15 Drawings 13 1.16 Effective Date of the Agreement 13 1.17 ENGINEER 13 1.18 ENGINL'ER's Consultant 13 1.19 Field Order 13 1.20 General Requirements 14 1.21 Hazardous Waste 14 1.22 Laws and Regulation: Laws or Regulati'ns 1.23 Liens 1.24 Milestone 1.25 Notice of Award 1.26 Notice to Proceed 1.27 OWNER 1.28 Partial Utilization 1.29 PCBs 1.30 Petroleum 1.31 Project 1.32 Radioactive Material 1.33 Resident Project Representative 1.34 Samples 1.35 Shop Drawings 1.36 Specifications 1.37 Subcon,ractor 1.38 Substantial Completion 1.39 Supplementary Conditions 1.40 Supplier 1.41 Underground Facilities 1.42 Unit Price Work 1.43 work 1.44 Work Change Directive 1.45 Written Amendment 2. PRELIMINARY MATTERS 2.1 Delivery of Bonds 2.2 Copies of Documents 2.3 Commencement of Contract Times; Notice to Proceed 2.4 Starting the Work 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 15 15 15 Page Article or Paragraph Page Number ,V.rmber & Title Number 13 2_ 5-_2.7 Before Starting Construction: 13 CONTRA(.IOR's Responsibility to Report: Preliminary Schedules: Delivery of Certificates of Insurance IS 2.8 Preconstruction Conference . . . . . IS 2 9 Initially Acceptable Schedules .. . .. 16 3. CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE 16 3.1-3.2 Intent 16 3 3 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies . . . . 16 3 4 Intent of Certain Terms or Adjectives 17 3.5 Amending Contract Documents . . . . 17 3.6 Supplementing Contract Documents .. 17 3.7 Reuse of Documerts 17 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS . 4.1 Availabili'y of Lands 4.2 Subsurface and Physical Conditions .. . 4.2.1 Reports and Drawings 4.22 Limited Reliance by CONTRACTOR Autht sized: Technical Data . . . . . . . . 4.2.3 Notice o,- Differing Sub,2i;face or Phys'..al Conditions . . . 4.2.4 ENGINEER's Review 4.2.5 Possible Contract Documents Chaise 4 2.6 Possible Price and Times Adjustments 4.3 Physical Conditions -Underground Facilities 4.3.1 Shown or Indicated 4.3.2 Not Shown or Indicated 4.4 Reference Points 4 5 Asbestos, PCBs, Petroleum. Hazardous Waste or Radioactive Material 17 17 17 17 18 18 18 Ib 18 18 18 19 19 19 5. BONDS AND INSURANCE 20 5.1-5.2 Performance, Payment and Other Bonds 20 5.3 Licensed Sureties and Insurers; Certificates o► Insurance 20 5.4 CONTRACTOR'S Liability Insurance 20 5.5 OWNER's Liability Insurance 2_1 5.6 Property Insurance 21 5.7 Boiler and M..chinery or Additional IS Property Insurance 21 15 5 8 Notice of Cancellation Provisions 21 15 5.9 CONTRAC'POR's Responsibility for Deductible Amounts 22 15 5.10 Other Special Insurance 15 5.11 Waiver of Rights '77 GC- 1 1 Article nr Paragraph Page Number & Tide Number 5 12-5 13 Receipt and Application of Insurance Proceeds . .. . . . . . . .. 5 14 Acceptance of Bonds and Insurance; Option to Replace 5.15 Partial Utilization -Property Insurance 23 11 6. CONTRACTOR'S RESPONSIBIC (TIES 23 6.1-6 _2 Supervision and Sippenntendence 23 6 3-6 5 Labor. Materials and Equipment 23 6 6 Progress Schedule 23 6.7 Substitutes and "Or -Equal" Items; CONTRACTOR's Expense: Substitute Construction Methods or Procedures, ENG`.NEER's Evaluation . 6.8-6 11 Concerning Subcontractors. Suppliers and Others: Waiver of Rights . . . . . 24 6 12 Patent Fees and Royalties 25 613 Permits 25 6 14 Laws and Regulations . . . 25 6I5 Taxes 25 6 16 Use of Premises 26 6 17 Site Cleanliness 26 6 18 Safe Structural Loading 26 6.19 Record Documents 26 6 20 Safety and Proti-ction 26 6.21 Safety Representative 26 6 22 Hazard Communication Programs 27 6.23 Emergencies . . . 27 6 24 Shop Drawings anti Samples 27 6 25 Submittal Procedures; CONTRACTOR's Review Prior to Shop Drawing or Sample Submittal 27 6.26 Shop Drawing 8. Sample Submittals Review by ENGINEER 27 6 27 Responsibility for Variation From Contract Documents 27 6 2E Related Work Performed Prior to ENGINEER's Review and Approval of Required Submittals 27 6.29 Continuing the We k 28 6 30 CONTRACTOR's General Warrants and Guarantee 28 6 31-6 33 Indemnification 28 6 34 Survival of Obligations 28 7. OTHER WORK 7.1-1.3 Related Work at Site 7 4 Coordination 8 OWNER'S RESPONSIBILITIES 8.1 Communications to Contractor 8 2 Replacement of ENGINEER 8 3 Furnish Data and Pay Promptly When Due 8 4 Lands and Easements; Reports and Tests . . . . . . . . 29 Insurance 29 23 29 29 29 29 29 29 GC- 2 Article or Paragraph Number & Title 8 6 Change Orders . . . . . . .. 8.7 Inspections. Tests and Approvals .. 8 8 Stop or Suspend Work: Terminate CONTRACTOR's Sers ices 29 8 9 Limitations on OWNER's R,sponsibilities . . . . . . . .. . . . .. . . . 30 8.10 Asbestos. PCBs, Petroleum. Hazardous Waste or Radioactive Matena' . . . 30 8 11 Evidence of Financial Arrangements .. 30 Page Number 29 29 9. ENGINEER'S STATUS DURING CONSTRUCTION 9.1 OWNER's Representative . . . . . . . 9.2 Visits to Site 9.3 Project Representative . . . . . 9 4 Clarifications and Interpretations . . . 9.5 Authonzed Variations in Work 9 6 Rejecting Defective Work 9.7-9.9 Shop Drawings. Change Orders and Payments 9 10 Determinations for Unit Prices . 9.11-9.12 Decisions on Disputes; ENGINEER as Initial Interpreter . . . . . . . . . . . . . .. 9 13 Limitations on EN' ;INEER's Authority and Responsibilities 30 30 30 30 30 30 30 31 31 31 31 10. CHANGES IN THE WORK 32 10.1 OWNER Ordered Change 32 10.2 Claim for Adjustment .. 32 10.3 Work Not Required by Contract Documents 32 10 4 Change Orders 10.5 Notttication of Surety 32 II. CHANGE OF CONTRACT PRICE 32 11.1-11.3 Contract Price: Claim for Adjustment; Value of the Work . 32 11.4 Cost of the Work 33 11.5 Exclusions to Cost of the Work .. 34 11.6 CONTR: :TO R's Fee 34 11.7 Cost Records 34 11.8 Cash Allowances 35 11.9 Unit Price Work 35 12. CHANGE OF CONTRACT TIMES 35 12.1 Claim for Adjustment 35 12.2 Time of the Essence 35 12.3 Delays Beyond CONTRACTOR's Control 35 12.4 Delays Beyond OWNER's and CONTRACTOR's Control 35 13. TESTS ANJ INSPECTIONS; CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 36 13.1 Notice of Defects 36 13.2 Access to the Work 36 13.3 Tests and Inspections: Contractor' Cooperation 36 %s Article or Paragraph Number & Title 13 4 OWNER's Responsibilities: Independent Testing Laboratory 13 5 CONTRACTOR's Responsibilities 13 c- 13.7 CovenngWork Prior to liospoction. Testing or Approval .. 36 13 8-13.9 UnLovenng Work at ENGINEER's Request 13.10 OWNER May Stop the Work . 13 II Correction or Removal of Defective Work 37 13.12 Correction Period 13.13 Acceptance of Defective Work 37 13 14 OWNER May Correct Defective Work 37 14. PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values 14.2 Application for Progress Payment 14.3 CONTRACTOR's Warranty of Title 14.4-14.7 Review of Applications for Progress Payments 14.8-14.9 Substantial Completion 14.10 Partial Utilization 14.11 Final Inspection 36 36 Page Article or Paragraph Vrvnther Number & Title 14.12 Final Application for Payment 36 14.13-14.14 Final Payment and Acceptance 16 14.15 Waiver of Claims Page Number 40 40 40 15. SUSPENSION OF WORK AND TERMINATION . . . . . . . . . . . . . . .. . . . . . . . . . 15.1 OWNER May Suspend Work 15.2-15.4 OWNER May Terminate 15.5 CONTRACTOR May Stop Work or Terminate 16. DISPUTE RESOLUTION 40 40 40 41 41 17. MISCELLANEOUS 42 17.1 Giving Notice 42 17.2 Computation of Times 4'_ 17 3 Notice of Claim 42 37 17 4 Cumulative Remedies 42 37 17.5 Professional Fees anti Court Costs 38 Included 42 38 38 39 39 39 GC— 3 EXHIBIT GC -A (Optional): Dispute Resolution Agreement (Optional) . . . . GC -A I 16.1-16.6 Arbitration GC -Al 16.7 Mediation . GC -A2 - 'q INDEX TO GENERAL CONDITIONS Article or Paragraph Number Acceptance of - Bonds and Insurance 5.14 defective Work 10.4.1. 13.13. 13 15 final payment 9.12. 14 15 insurance . . . 5.14 other Work, h.. CONTRACTOR 7.3 Substitutes a" .1 "Or -Equal" Items . . . . . . . . . . . . . . . 6.7.1 Work by OWNER 2.5. 6.30, 6.34 Access to the - Lands. OWNER and CONTRAC tOR responsibilities 4. I site. related work 7.2 Work. 13.2. 13 14. 14.9 Acts or Omissions-, Acts and Omissions - CONTRACTOR 6.9.1. 9.13.3 ENGINEER 6.20, 9.13.3 OWNER 6.20, 8.9 Addenda-definiuor of (also see definition of Specifications) (1.6. 1.10, 6.19) 1.1 Additional Property Insurances 5.7 Adjustments Contract Price or Contract Times 1.5, 3.5, 4.1, 4.3.2. 4.5.2, 4.5.3, 9.4, 9.5, 10.2-10.4, I I, 12, 14.8, 15.1 progress schedule 6 6 Agreement - definition of 1.2 All nsk Insuranc'. policy form 5 6 2 Allowances. Cash 11.8 Amending Contract Documents 3.5 Amencment, Wntten- in general . . .. 1.10, 1.45, 3.5. 5.10, 5.12, 6.6.2, 6.8.2. 6.19, 10.1, 10.4, 11.2, 12.1, 13.12.2, 14.7.2 Appeal. OWNER or CONTRACTOR intent to 9.10, 9.11, 10.4. 16.2, 16.5 Application for Payment - definition of 1.3 ENGINEER'S Responsibility 9.9 final payment 9.13.4. 9.13.5. 14.12-14.15 in general 2.8. 2.9, .,.6.4, 9.10. 15.5 progress payment 14.1. 14.7 review of 14.4-14.7 Arbitration (Optional) 16.1-16.6 Asbestos - claims pursuant thereto 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work 4.5.2 definition of 1.4 OWNER responsibility for 4.5.1, 8.10 possible price and times change 4.5.2 Authorized Variations in Work 3.6. 6.25, 6.27, 9.5 Availability of Lands 4.1, 8.4 Award, Notice of -defined 1 25 Before Starting Construction 2.5-2.8 Bid -definition of 1.5 (1.1, 1.10, 2.3, 3.3. 4.2.6.4, 6.13, 11.4.3, 11.9.1) Bidding Documents --definition of Ridding Requirements -definitions of Bonds - acceptance of additional 5onds Cost of the Work definition of delivery of final application for payment general 1 10. 5.1-5 3. 5.1?, 9 13.10 5. 14 7 6 performance.. Payment and Other 5 1-5 2 Bonds and Insurance -in general , . 5 Builder's nsk "all ask" policy form ., t 6 Cancellation P'. visions. Insurance Cash Allowances Certificate of Substantial Completion Arta le or Paragraph V,rrnbe► • . 1.616 g 21 1 7(1.1.4262) • 5 14 10.5, II 4 5 9 •• 1154 18 • . . . . . 2.1. 5 1 14 12.14 I 54.11.58,5;5 • •• 118 1 38 6}021 14 8, 14 10 Certificates of Inspection 9.13 4, 13 5, 14 12 Certificates of Insurance .. 2.7. 5.3, 5.4 II. 5 4 13, 5 6.5, 5 8. 5.14, 9.13 4, 14.12 Change in Contract Price - Cash Allowances -II 8 claim for price adjustment 4.1, 4.2.6, 4.5, 5.15, 6.8 2, 94.9.5,9.11, 10.2. 105. 11 2, 139, 13.13. 13.14, 15.1 15 5 CONTRAL LOR's fee 116 Cost of the Work gencrai 11 4-11 7 Exclusions to 11 5 Cost Records .. 11.7 in general 1.19. 1.44. 9.11, 10.4.2, 10 4 3, 11 Lump Sum Pricing 11.3 2 Notification of Surety 10.5 Scope of 10.3-J4 Testing and Inspection, Uncovering the Work 13.9 Unit Price Work 11.9 Value of Work 11.3 Change in Contract Times - Claim for times adjustment . . . . 4.1, 4.2.6, 4.5, 5.15, 6 8.2. 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 12.9. 13.13. 13.14, 14.7, 15.1, 15.5 Contractual time limits 12.2 Delays beyond CONTRAC IOR's control 12.3 Delays beyond OWNER's and CONTRACTOR's con- trol Notification of surety 12.4 . 10.5 Scope of change 10.3-10.4 Change Orders - Acceptance of Defective Work Amending Contract Documents Cash Allowances Change of Contract Price Change of Contract Times Changes in the Work CONTRACTOR's fee Cost of the Work 13.13 35 11.8 II 12 10 11.6 11.4-11.7 GC- 4 so Article or Paragraph Number Cost Records 11.7 definition of 1.9 emergencies 6 23 ENGINEER'S responsibility 9.8, 10.4, 11.2, 12.1 execution of 10.4 Inder.,nrfication 6.12, 6.16, 6.31, 6.33 Insurance. Bonds and 5.10, 5.13, 10.5 OWNER may terminate 15.2-15.4 OWNER's Responsibility 8 b 10.4 Physical Conditions - Subsurface and, 4.2 Underground Facilities 4 3 2 Record Documents 6.19 Scope of Change 10.3-10.4 Substitutes 6.7.3, 6.8.2 Unit Price Work 11.9 value of Work, covered by 11.3 Changes in the Work 10 Notification of surety 10.5 OWNER's and CONTRACPOR's re.,ponsibilities 10.4 Right to an adjustment 10.2 Scope of change 10.3-10.4 Claims - against CONTRACTOR 6 16 against ENGINEER 6.32 against OWNER 6.32 Change of Contract Price 9.4, 11.2 94 12.1 Change of Contract Times CONTRACPC it's 4, 7.1, 9.4, 9.5. 9.11, 10.2, 11.2. 11.9, 12.1, 14.8. 15.1, 15.5, 17.3 CONTRACIDR's Fee 11.6 CONTRACFDR's liability 5.4, 6.12, 6.16, 6.31 Cost of the Work 11.4, 11.5 Decisions on Disputes 9.11, 9 12 Dispute Resolution 16.1 Dispute Resolution Agreement 16.1-16.6 ENGINEER as initial interpretor 9.11 Lump Sum Pricing 11.3.2 Notice of 17.3 OWNER's 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 13.13, 13.14, 17.3 OWNER's liability 5.5 OWNER may refuse to make payment 14.7 Professional Fees and Court Costs Included 17.5 request for formal decision on 9 II Substitute items 6.7.1.2 Time Extension 12.1 Time requirements 9 I I 12.1 Urut Price Work 11.9 3 Value of 11.3 Waiver of -on Final Payment 14.14, 14.15 Work Change Directive 10.2 written notice required 9.11. 11.2, 12.1 Clarifications and Interpretations 3.6.3, 9.4, 9.11 Clean Site 6.17 Codes of Technical Society, Organization or Association 3.3.3 Commencement of Contract Times 2.3 Communications - Article or Paragraph Number general 6.2. 6.9 2. 8.1 Hazard Communication Programs 6 22 Completion - Final Application for Payment 14.12 Final Inspection 14.11 Final Payment and Acceptance 14.13-14 14 Partial Utilization 14.10 Substantial Completion Waiver of Claims Computation of Times Concerning Subcontractors, Suppliers and Others Conferences - initially acceptable schedules preconstruction Conflict. Error, Ambiguity, Discrepancy - CONTRACTOR to Report 2.5, 3.3 2 Construction, before start,rig by CONTRACTOR . . .. 2.5-2.7 Construction Machinery. Equipment. etc. 6 4 Continuing the Work 6 29. 10.4 Contract Documents - Amending 3.5 Bonds 5.1 Cash Allowances 11.8 Change of Contract Price I 1 Change of Contract Times 12 Changes in the Work 10 4-10.5 check and verify 2.5 Clarifications and Interpretations 3.2. 3.6. 9.4, 9.11 definition of 1.10 ENGINEER as initial interpreter of 9.11 ENGINEER as OWNER's representative 9.1 general 3 Insurance 5.3 Intent 3.1-3.4 minor variations in the Work 3.6 OWNER's responsibility to furnish data 8.3 OWNER's responsibility to make prompt payment 8.3, 14.4, 14.13 precedence 3.1, 3.3.3 Record Documents 6.19 Reference to Standards and Specifications of Technical Societies 3.3 Related Work 7./ Reporting and Resolving Discrepancies 2.5, 3.3 Reuse of 3.7 Supplementing 3.6 Termination of ENGINER's Employment 8.2 Unit Price Work 11.9 variations 3.6, 6.23, 6.27 Visits to Site, ENGINEER's 9.2 Contract Price - adjustment of 3 5, 4.1, 9.4. 10.3. 11.2-11.3 Change of I I Decision on Disputes 9.1 1 definition of 1.1 1 Contract Times - adjustment of 3.5, 4.1, 9.4, 10.3, 12 Change of 12.1-12.4 1 38, 14.8-14.9 14.15 17.2.1-17.2.2 6.8-6.11 2.9 2.8 GC- 5 �1 Commencement of definition of CONTRACTOR - Acceptance of Insurance . 5.14 Limited Reliance on Technical Data Authorized 4 2.2 Communications 6'. 6 9 2 Continue Work 6.29. 10 4 coordination and scheduling 6 9 2 definition of 1.13 May Stop Work or Terminate 15.5 provide site access to others 7 2. 13.2 Safety and Protection 4.3.1.2, 6.16, 6.18.6 21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal . 6.25 Stop \ ..rk requirements 4 5 ' CONTRACTOR's- Commnsation 11.1-11.2 Continuing Obligation 14.15 Defective Work . 9 6. 13.10-13.14 Duty to correct defective Work 13.1 1 Duty to Report - Changes in the Work caused by Emergency 6.23 Defects in Won, of Others 7.3 Differing conditions 4.2.3 Discrepancy in Documents 2.5. 3.3.2. 6.14.2 Underground Facilities not indicated 4 3.2 Emergencies 6.23 Equipment and Machinery Rental. Cost of the Work 11.4.5.3 Fee -Cost -Plus 11.4.5.6. 1 1.5.1, 11.6 General Y arranty and Guarantee 6.30 Hazard Communication Programs 6 22 Indemnification 6.12, 6.16. 6.31-6.33 Inspection of the Work 7 3 13.4, Labor, Materials and Equipment 6.3-6.5 Laws and Regulations, Compliance by 6.14.1 Liability Insurance 5.4 Notice of Intent to Appeal 9.10. 10.4 obligation to perform and complete the Work G 30 Patent Fees and Royalties, paid for by 6 12 Performance and Other Bonds 5.1 Permits, obtained and paid for by 6.13 Progress Schedale 2.6, 2.8, 2.9, 6.6, 6.29, 10.4. 15 2.1 Request for formal decision on disputes 9 11 Responsibilities - Changes in the Work 10.1 Concerning Subcontractors. Suppliers and Others . 6.8- 6.11 Continuing the Work 6.29. 10.4 CONTRACTOR's expense 6.7.1 CONTRACTOR's General Warranty and Guiran- tee 6 30 CONTRACIUR's review pnorto Shop Drawing, or Sam- ple submittal 6.25 Coordination of Work 6 9 2 Emergencies 6.23 or "Or -Equal" Items 6.7.3 Article or Paragraph Number 2.3 1.12 ENGINEER's evaluation. Substitutes Article or Paragraph Number For Acts and Omissions of Others .. 6 9 1-6.9 2. 9.13 for deductible amounts, insurance . .. .. 5 9 general. . 6.72.73.89 Hazardous Communication Programs . .. . . 6.22 Indemnification . .. . .. . . . . .. . . .. 6 31-6 33 Labor. Ma,enals and Equipment . Laws and Regulations Liability Insurance Notice of variation from Contract Documents . . . 6.27 Patent Fees and Royalties .. 6 12 Permits . .. . . . . . . . . . . . . . . .. .. . .. . . . 6.13 Progress Schedule . . . . . . . . . . . . . . . . . . . . . 6 6 Record Documents . . . . . . . .. .. . . . . . . .. 6 19 related Work performed prior to ENGINEER's approval of required submittals .. . . . . 6.28 safe structural loading . .. . . . . . 6.18 Safety and Protection . 6 20. 7 2. 13 Safety Representative . . . . . . . . . . . . . . . . . .. . . 6.21 Scheduling the Work . 6 9 2 Shop Drawings and Samples . . . . 6 24 Shop Drawings and Samples Review by ENGINEER .. 6.26 Site Cleanliness . . . . . 6 17 Submittal Procedures 6.'_5 Substitute Construction Methods and Procedures 6.7 .2 Substitutes and "Or -Equal" Items 6 7.1 Supenntendence 6 2 Supervision . 6 Survival of Obligations . . . . . . . . .. 6 34 Taxes 6.15 Tests and Inspections 13.5 To Report Use of Premises . . . . . . 6.3-6 5 . 6 14 . . . . . .. .. . . . . 5 4 25 6 16-6 I. 6.30.2_ 4 Review Prior to Shop Drawing or Sample S ibmittal .. 6.25 Right to adjustment for changes in the Work . 10 2 right to claim .. 4, 7.1, 9 4, 9.5, 9.11, 10.2. 1 1 22, 119. 12.1. 13.9, 14 8, 1 5 I. 15.5, 17 3 Safety and Protection 6./0-6.11 7 2, 13.2 Safety Representative 6221 Shop Drawings and Samples Submittals . . . . . . .. 6 24-6 28 Special Consultants I 1 1 4 Substitute Construction Methods and Procedures . . . . is 7 Substitutes and "Or -Equal" Items. Expense . 6.7.1. 6 '' 2 Subcontractors. Suppliers and Others 6 8-6 11 Supervision and Supenntendence 6 I 6.2, 6 21 Taxes, Payment by 6.15 Use of Premises 6.16-6.18 Warranties and guarantees 6.30. 6.5 Warranty of Title 14 3 Written Notice Required- CONTRAC IUR stop Work or terminate 15.5 Reports of Differing Subsurface and Physical Condi- tions 42_ 3 Substantial Completion :4 8 CONTRACTORS -other 7 Contractual Liability Insurance 5 4 10 Contractual rime Limits 12.2 Coordination GC- 6 Article o• Paragraph Number CONTRACTOR's responsibility . . . . . . . . . . . .. Copies of Documents Correction Period Correction. Removal or Acceptance of Defective Work in general 10 4.1. 13.10.13 14 Acceptance of Defective Work . 13.13 Correction or Removal of Defective Work .. 6 30 13.11 Correction Period . 13.12 OWNER May Correct Defective Work 13.14 OWNER May Stop Work 13 10 Cost - of Tests and Inspections 13 4 Records . . . II 7 Cost of the Work - Bonds and insurance. “dditional 11.4.5.9 Cash Discounts 11.4.2 CONTRACTOR's Fee 11.6 Employes Expenses 11.4.5.1 Exclusions to 11.5 General .. . 1 1.4-1 1.5 Home office and overhead expenses 11.5 Los .es and damages 1 1.4 5 6 M .ienals and equipment 11.4 2 Manor expenses 11.4.5 8 Payroll costs on changes 11.4.1 performed by Subcontractors 11.4.3 Records 11.7 Rentals of construction equipment and machinery . 114.5.3 Royalty payments, permits and license fees 11.4.5.5 Site office and temporary facilities I ! .4.5.2 Special Consultants, CONTRACTOR's 11.4.4 Supplemental 11.4.5 Taxes related to the Work 11.4.5.4 Tests and Inspection 13.4 Trade Discounts 114.2 Utilities, fuel and sanitary facilities 11.4.5.7 Work after regular hours 11.4.1 Coveting Work 13.6-13.7 Cumi..lative Remedies 17.4-17.5 Cutting, fitting and patching 7.2 Data. to be furnished by OWNER 8.3 Day -definition of 17.2.2 Decisions on Disputes 9.11. 9.12 defective -definition of 1 14 defective Work - Acceptance of 10.4.1. 13.13 Correction or Removal of 10.4.1, 13.11 Correction Period 13.12 in general 13. 14.7, 14.11 Observation by ENGINEER 9.2 OWNER May Stop Work 13.10 Prompt Notice of Defects 13.1 Re2e sting 9.6 Un ovenng the Work 13.8 Definitions Delays 4.1. 6.29. 12.3-12.4 Delivery of Bonds 2.1 Delivery of certificates of insurance 1.7 Article or Paragraph Number . 6 9 2 Determinations for Unit Prices y 10 Differing Subsurface or 13.12 Physical Conditions Notice of . . . . . . . . . . . . 4 2.3 ENGINEER's Review 4 2.4 Possible Contract Documents Change . . . . . . . . . . 4 2.5 Possible Price and Times Adjustments . . . . . . . . . 4 2.6 Discrepancies -Reporting and Resolving . . . . 2.5, 3.3.2. 6.14 2 Dispute Resolution - Agreement 16.1-16 6 Arbitration . . . . . . . . . . . . . . . . . 16.1-16.5 general . . 16 Mediation 16.6 Dispute Resolution Agreement 16 1-16.6 Disputes. Decisions by ENGINEER 9.11-9 12 Documents - Copies of . 2.2 Record 6 19 Reuse of . 3.7 Drawings -definition of 1.15 Easements 4. I Effective dlte of Agreement -definition of 1.16 Emergencies 6.23 ENGINEER - as initial interpreter on disputes 9 1-9.12 definition of 1.17 Limitations on authority and responsibilities 9 13 Replacement of 8.2 Resident Project Representative 9.3 ENGINEER's Consultant -definition of 1.18 ENGINEER's- authority and re ,rons:5ility, limitations on 9.13 Autl,orized Va.-ations in the Work 9.5 Change Orders, responsibility for 9 7. 10, 11. 12 Clarifications and Interpretations 3.6.3. 9.4 Decisions on Disputes 9.11-9.12 defective Work, notice of 13.1 Evaluation of Substitute Items 6.7.3 Liability 6.32. 9.12 Notice Work is Acceptable 14.13 Obser- ations 6.30.2. 9.2 OWNt:R's Representative 9.1 Paymtnts to the CONTRACTOR, Responsibility for 9.9. 14 1 1 Recommendation of Payment 14.4, 14.13 Responsibilities - Limitations on 9.11-9 13 Review of Reports on Differing Subsurface and Physical Conditions 4.2.4 Shop Drawings and Samples, review responsibility 6.26 Status During Construction - authorized variations in the Work 9.5 C!a; iecatwns and Interpretations 9.4 Decisions on Disputes 9.11-9.12 Determinations on Unit Price 9.10 ENGINEER as Initial Interpreter 9.11-9.12 ENGINEER's Responsibilities 9.1-9.12 GC- 7 LSD Article or Paragraph Number Lir .rations on ENGINEER's Authont', and Responsibilities 9 13 OWNER's Representative 9.1 Project Representative 9 3 Rejecting Defective Work 9.6 Shop Drawings, Change Ordeis and Payments . 9.7-9 9 Visits to Site 9.2 Unit Price Det^rminations 9.10 Visits to Site 9.2 Wntten consent required 7 2, 9.1 Equipment. Labor, Materials and 6.3-6.5 Equipment rental. Cost of the Work 11.4.5.3 Equivalent Materials and Equipment 6.7 Errors or omissions 6.33 Evidence of Financial Arrangements 8.11 Explorations of physical conditions 4.2.1 Fee, CONTRACTOR's-Costs-Plus 11.6 Field Order - definition of 1.19 issued by ENGINEER 3.6.1. 9.5 Final Application for Payment 14.12 Final Inspection 14.11 Final Payment - and Acceptance 14.13-14.14 Prior to, for cash allowances 11.8 General Provisions 17.3-17.4 General Requirements- defintion of 1 20 principal references to 2.6, 6.4, 6.6-6.7, 6.24 Giving Notice 17.1 Guarantee of Work -by CONTRA( IOR 6.30. 14.12 Hazard Communication Programs 6.22 Hazardous Waste - definition of 1.21 general 4.5 OWNER's responsibility for 8.10 Indemnification 6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules 2.9 Inspection - Certificates of 9.13.4, 13.5, 14.12 Final 14.11 Special, required by ENGINEER 9.6 Tests and Approval 8.7, 13.3-13.4 Insurance - Acceptance of, by OWNER 5.14 Additional, squired by changes in the Work 11.4.5.9 Before starting the Work 2.7 Bonds and -in general 5 Cancellation Provisions 5.8 Certificates of .. 2.7. 5, 5.3, 5.4.11, 5.4.13, 5.6.5. 5.8. 5.14, 9.13.4. 14.12 completed operations 5.4.13 CONTRACTOR's Liability 5.4 CONTRACTOR's objection to coverage 5.14 Contractual Liability 5.4.10 Article or ParuLzraph Number deductible amounts. CONTRACTOR's responsibility . . . . . . . . . . . . . . . . . 5 9 Final Application for Payment .. 14 12 Licensed Insurers . 5 3 Notice requirements. material changes . . 5 8. 10 50 Option to Replace . . . . . . . . . . . . . . . . . . . . . . 5.14 other ,pecial insurances . 5 10 OW'•ER as fiduciary for insureds 5 1'_-5.13 OWNER's Liability . . . . . . . 5.5 OWNER's Responsibility .. 8.5 Partial Utilization. Property Insurance . . . . 5.15 Property . . . . . . . 5 6-5.10 Receipt and Application of Insurance Proceeds . 5.12-5.13 Special Insurance . . . . . 5 10 Waiver of Rights 5 1 1 Intent of Contract Documents .. 3.1-3.4 Interpretations and Clanfica:ions 3 6.3. 9 4 Investigations of physical conditions . . . . . . . . .. . . . . 4 2 Labor. Materials and Equipment . 6.3-6.5 Lands - and Easements 8.4 Availability of 4.1, 8 4 Reports & Tests .8.4 Laws and Regulations -Laws or Regulation -- Bonds 5.1-5.2 Changes in the Work 10.4 Contract Documents 3.1 CONTRACTOR's Responsibilities . . . 6.14 Correction Period, defective Work 13.12 Cost of the 'Mork. taxes I' .4.5.4 definition of 1.22 general 6.14 Indemnification 6.31-6.33 Insurance 5.3 Precedence 3.1. 3.3.3 Reference to 3.3.1 Safety and Protection 6.20, 13.2 Subcontractors. Suppliers and Others 6.8-6.11 Tests and Inspections 13.5 Use of Premises 6.16 Visits to Site 9.2 Liability Insurance- CONTRAC: IUR's 5.4 OWNER's 5.S Licensed Sureties and Insurers 5 3 Liens - Application for Progress Payment 14.2 Contractor's Warranty of Title 14.3 Final Application for Payment 14.12 definition of 1.23 Waiver of Claims 14.15 Limitations on ENGINEER's authority and responsibilities 9.13 Limited Reliance by CONTRACTOR Authorized 4 2.2 Maintenance and Operating Manuals - Final Application for Payment 14.12 Manuals (of othersl- Precedence 3.3.3.1 34 GC- 8 Arta le or Parai:raph Vumher Reference to in Contract Documents . 3 3 1 Materials and equipment - furnished by CONTRACTOR . 6 3 not incorporated in Work . . . . . . . . . 14 2 Mdtenals or equipment -equivalent 6 7 Mediation (Optional) 16.7 Mi ..stones --definition of 1.24 Miscellaneous - Computation of Tim. s 17 Cumulative Remedies . . . . . 17.4 Giving Notice . .. .. . . . 17.1 Notice of Claim 17 3 Professional Fees and Court Costs Included .. 17.5 Multi -prime contracts 7 4 3.2 Not Shown or Indicated .. . . . . . . . . . . . Nonce of - Acceptability of Project 14 13 \ward. definition of 1 25 Claim .. . .. 17.3 Defects. .. 13 I Differing Subsurface or Physical Conditions 4 2 3 Giving . . . . 17.1 Tests and Inspections 13.3 Variation. Shop Drawing and Sample 6.27 Notice to Proceed - definition of . 1.26 giving of Notification to Surety Observations. by ENGINEER 6.30. 9.2 Occup incy of the Vsork 5.15. 6.30.2.4. 14.10 Omis.,ions or acts by CONTRACTOR 6.9. 9.13 ' Open peril" policy form. Insurance 5 6 2 Option to Replace 5 14 "Or Equal" Items 6.7 Other work 7. Overtime Work -prohibition of 6 3 OWNER - Acceptance of defective Work 13.13 appoint an ENGINEER 8.2 as fiduciary 5.12-5.13 Availability of Lands, responsibility 4.1 definition of . 1.27 data. furnish 8.3 May Correct Defective Work 13.14 May refuse to make payment 14.7 May Stop the Work 13.10 may suspend work. terminate 8 8 13.10. 15.1-15.4 Payment, make prompt 8.3. 14.4. 14.13 performance of other Work 7.1 permits and licenses. requirements 6.13 purchased insurance requirements 5.6-5.'0 OWNER's- Acceptance of the Work 6.30.2.5 Change Orders, obligation to execute 8 6. 10.4 Communications 8.1 Coordination of the Work 7.4 Disputes. reque,t for decision 9.11 2.3 105 Article or Paragraph ,Vumher Inspections, tests and approvals . . . . . . 8 7. 13 4 Liability Insurance . . . . 5 5 Notice of Defects . . . . .. . . . . . . 13 Representative-Dunng Construction. ENGIN EER's Status .. . . . . . . . . . . . . . . . . 9.1 Responsibilities - Asbestos. PCB's. Petroleum. Hazardous Waste on Radioactive Material . . . . . 8 10 Change Orders . 8.6 Changes in the Work . 10 I communications 8.1 CONTRACTOR's responsibilities . .. 8 9 evidence of financial arrangements 8 I I inspections, tests and approvals . . . . 8 7 Insurance 8 5 lands and easements 8.4 prompt payment by • 8 3 replacement of ENGINEER . . . • 8.2 reports and tests 8 4 stop or suspend Work 8.8. 13 10. 15 I terminate CO"TRACIUR's services 8 8. 15 2_ separate representative at site 9 3 independent testing 13.4 use or occupancy of the Work 5.15: 14.10 wntten consent or approval required 9.1. 6.3. 1 1.4 written notice required . 7.1, 9.4. 9.11. 11.2. 1 1 9. 14.7. 15.4 PCBs - definition of 1 2_9 general 4 5 OWNER's responsibility for . . . 8.10 Partial Utilization- defirntion of 1 28 general 6.30.2.4. 14.10 Property Insurance 5.15 Patent Fees and Royalties 6.12 Payment Bonds 5 1-5.2 Payments. Recommendation of 14.4-14.7. 14 13 Payments to CONTRACTOR and Completion - Application for Progress Payments 14 2 CONTRACTOR's Warranty of Title 14.3 Final Application for Payment 14.12 Final Inspection Final Payment and Acceptance general Partial Utilization Retainage Review of Applications for Progress Payments 14.4-14.7 prompt payment 8.3 Schedule of Values . . 14.1 Substantial Completion 14.8-14.9 Waiver of Claims 14.'5 when payments due 14.4, 14.13 withholding payment 14.7 ' Performance Bonds 5 1-5 2 Permits 6 13 . 14.11 14.13-14.14 8.3. 14 14.10 14 GC- 9 Article or Paragraph .Number Petroleum - definition of 1 30 general . . . . 4.5 OWNER's responsibility for 8.10 Physical Conditions - Drawings of. in or relating to 4.2.1 2 ENGINEER'S review 4.2.4 existing structures 4.2.2 general 4.2.1 _' Subsurface and. 4.2 Underground Facilities 4.3 Possible Contract Documents Change 4.2.5 Possible Price and Times Adjustments 4.2.6 Reports and Drawings 4 2.1 Notice of Differing Subsurface or, 4.2.3 Subsurface and 4 2 Subsurface Conditions 4.2.1.1 Technical Data. Limited Reliance by CONTR ACTOR Authorized 4 2 ' Underground Facilities - general 4 3 Not Shown or Indicated 4 3.2 Protection of 4.3, 6.20 Shown or Indicated . 4.3.1 Technical Data 4.2.2 Preconstruction Conference 2.8 Preliminary Matters Preliminary Schedules 2.6 Premises. Use of 6.16-6.18 Price. Change of Contract 11 Price, Contract-•7efinitton of 1 11 Progress Payment, Applications for 14.2 Progress payment-retainage 14.2 Progress schedule. CONTRACTOR's '.6. 2.8, 2.9, 6.6, 6.29. 10.4, 15.2.1 Project -definition of 1.31 Project Representative- ENGINEER's Status During Construction Project Representative, Resident -definition of 1.33 prompt payment by OWNER 8 3 Property Insurance Additional 5.7 general 5.6-5.10 Partial Utilization 5.15. 14.10.2 receipt and application of proceeds 5.12-5.13 Protection. Safety and 6.20-6.21, 13.2 Punch list 14.11 Radioactive Material - definition 1.32 general 4.5 OWNER's responsibility for 8.10 Recommendation of PaymL.nt 14.4, 14.5, 14.13 Record Documents 6.19. 14.12 Records, procedures for maintaining 2.8 Reference Points 4.4 Reference to Standards and Specifications of Technical Societies 3.3 Regulations. Laws and lorl Rejecting Defective Work Related Work - at Site .. . . . . . . . . . . . . . . . Performed prior to Shop Drawings and Samples submittals review Remedies, cumulative 17 4, 17 5 Removal or Correction of Defective Work rental agreements. OWNER approval required 11 4 5.3 replacement of ENGINEER. by OWNER . . . . . . . . . . . . 8 2 Reporting and Resolving Discrepancies . . . . 2.5. 3 3.2, 6.14 2 Report., - and Drawings and Tests, OWNER's responsibility Resident Project Representative - definition of . 1 33 provision for 9 3 Residh nt Superintendent. CONTRACTOR's . . . . . . . . . 6 2 Responsibilities- CONTRACTOR's-in general . . . . . . . . . . . . . 6 ENGINEER's-in general 9 Limitations on 9 13 OWNER's-in general Retainage 14 2 Reuse of Documents 3 7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal 6 25 Review of Applications for Progress Payments . 14.4-14 7 Right to an adjustm .nt 10.2 Rights of Way 4 1 Royalties. Patent Fees and 6 12 Safe Structural Loading 6 18 Safety - and Protection 4.3.2, 6.16. 6.18. 6.20-6.21. 7.2. 13.2 9 3 general 6 20-6.23 Representative. CONTRACTOR's 6 21 Samples - definition of 1 34 general 6.24-6 28 Review by CONTRAC. !UR 625 Review by ENGINEER 6 26, 6 27 related Work 6 28 submittal of 6 24.2 submittal procedures 6 25 Schedule of progress 2.6. 2.8-2.9. 6.6, 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submi,tals 2.6, 2.8-2.9, 6.24-6.28 Schedule of Values 2.6, 2.8-2.9, 14 I Schedules -- Adherence to 15 2.1 Article or Paragraph Number 6 14 96 .71-73 6 28 . . . . 4 2.1 •• 84 8 Adjusting Change of Contract Times Initially Acceptable Preliminary Scope of Changes Subsurface Conditions 66 10.4 2 8-2.9 2.6 ►0 3-10 4 4 2.1.1 GC- 10 cti‘:) Article or Paragraph Arta le Ur Par L -aph - Shop Drawings - and Samples. general . 6.24-6 28 Change Orders & Applications for Payments. and 9 7-9.9 definition of 1.35 ENGINEER's approval of 3 6.2 ENGINEER'S responsibility for review .. .. 9.7 6 24-6.28 related Work . . . 6.28 review procedures '-.8. 6.24-6.28 submittal required 6.24.1 Submittal Procedures 6.25 use to approve substitutions 6.7.3 Shown or Indicated 4 3.1 Site Access 7.2, 13.2 Site Cleanliness 6.17 Site. Visits to - by ENGINEER 9 2, 13 2 by others 13 '- "Special causes of loss" policy form. insurance 5.6.2 Specifications - definition of 1.36 of Technical Societies, reference to 3.3.1 precedence 3.3.3 Standards and Specifications cf Technical Societies 3.3 Starting Construction, Before 2.5-2 8 Starting the Work '.4 Stop or Suspend Work - by CONTRACTOR 15.5 by OWNER 8.8. 13.10, 15 1 Storage of materials and equipment 4 17 2 Structural Loading. Safety 6.18 Subcontractor - Concerning, 6.8-6.11 definition of 1.37 delays 12.3 waiver of rights 6 11 Subcontractors -in general 6.8-6.11 Subcontracts -required provisions 5.11, 6.11. 11.4.3 Submittals - Applications for Payment 14.2 Maintenance and Operation Manuals 14.12 Procedures 6.25 Progress Schedules 2.6. 2.9 Samples 6.24-6.28 Sched. le of Values 2.6. 14.1 Scheckle of Shop Drawings and Samples Submissions 2.6. 2.8-2.9 Shop Drawings 6.24-6.28 Substantial Completion - certification of 6.30.'_ 3. 14.8-14.9 definition of 1.38 Substitute Construction Methods or Procedures 6.7.2 Substrtut:s and "Or Equal" Items 6.7 CONTRACTOR's Expense 6.7.1.3 ENGINEER's Evaluation 6 7.3 "Or -Equal" 6.7.1 Substitute Construction Methods of Procedures 6.7.2 Number Number Substitute Items . . . 6 7 1 22 Subsurface and Physical Conditions - Drawings of. in or relating to . . . 4 2 I ENGINEER's Review 4 2 4 general 4 '- Limited Reliance by CON TRACTOR Authorized . . . . . . . . .. 4 2 2 Notice of Differing Subsurface or Physical Conditions Physical Conditions Possible Contract Documents Change .. . . Possible Price and Times Adjustments . . . Reports and Drawings . . . . . . . . . . . . . . . . . . . . . Subsurface and Subsurface Conditions at the Site Technical Data Supervision- CONTRACTOR's responsibility OWNER shall not supervise . . . . . . ENGINEER shall not supervise Superintendence . Superintendent. CONTR \CTOR's resident Supplemental costs Supplementary Conditions - definition of - 1 39 principal reference to . . . . 1.10. 1 18. 2.2. 22.7. 4.2. 4.3.5 1. 5.3,5.4,5.6-5.9,5.11.68.6.13.74.811,93.9 10 Supplementing Contract Documents . . . . . . 3 6 Supplier - definition of . . . . 1 40 principal references to 3 7. 6.5. 6 8-6 I I . 6.20, 6.24. 9 13. 14.12 Waiver of Rights 6 11 Surety - consent to final payment . 14 12. 14 14 ENGINEER has no duty to . 9.13 Notification of 10 I. 10.5. 15 2 qualification of 5 1-5.3 Survival of Obligations 6 34 Suspend Work. OWNER May . 13 10. 15 I Suspension of Work and Termination- IS CONTRACTOR May Stop Work or Terminate 15 5 OWNER May Suspend Work 15 1 OWNER May Terminate 15 2-15 4 Taxes -Payment by CONTRACTOR 6 15 Technical Data - Limited Reliance by CONTRACTOR 4 2 2 Possible Price and Times Adjustments 422.6 Reports of Differing Subsurface and Physical Conditions 4 2.3 Temporary construction facilities 4.1 Termination - by CONTRAC IUR 15 5 by OWNEet 8.8. 15 1-I5 4 of ENGIN I✓ER's employment • • 8 2 Suspension of Work-in general . 15 Terms and Adjectives 3.4 Tests and Inspections- . 4 2 3 . 4 22 1 22 425 4226 42 1 422 42_ 1 1 42.2 .. 6.1 89 9_'.9132 622 . . 622 11.45 GC- II Article or Paragraph Number Acci * to the Work. by others 13.2 CONTRACTOR'S responsibilities 13 5 cost of . . . . . . .. . . .. 13 4 covering Work prior to . . . . . . . . . . . . 13.6-13 7 Laws and Regulations (or) . .. . . .. .. . 13 5 Notice of Defects . . . . .. . . . .. . . . . . . . . 13.1 OWNER May Stop Work . . . . . . . . . . . . . 13 10 OWN ER's independent testing 13 4 special. required by ENGINEER .. . . 9 6 timely notice required 13.4 Uncovering the Work. at ENGINEER's request 13.8-13.9 Times - Adjusting 6.6 Change of Contract 12 Adjusting .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.6 C mputation of 17 2 Contract Times -definition of . . . 1 12 day 17.72 Milestones . . . . . 12 Requirements - appeals . 16 clarifications. Llarms and disputes 9.11, 11.2. 12 2.3 commencement of contract times preconstruction conference 2.8 schedules 2.6, 2.9, 6.6 starting the Work 2.4 Title. Warranty of 14 3 Uncovering Work 13.8-13.9 Underground Facilities. Physical Conditions - definition of 1 41 Not Shown or Indicated 4.3.2 protection of 4.3. 6.20 Shown or Indicated 4.3.1 Unit Price Work - claims 11 9.3 definition of 1.42 general 11.9, 14.1, 14.5 Unit Prices - general 11.3.1 Determination for 9.10 Use of Premises 6.16. 6.18. 6.30.2.4 Utility owners 6 13, 6.20, 7.1-7.3. 13.2 Article or Paragraph !slumber Utilization. Partial . . 1 2_8. 5 15. 6 30. 2 4. 14 10 Value of the Work .. 1 1 3 Values. SLhedule of . 26. 2 8-2 9. 14 1 Variations in Work -Minor Authorized . . . . . . . . .. .. . 6 '_5. 6 27. 9 5 Visits of Site -by ENGINEER .. 9 2 Waiver of Claims -on Final Payment . . . . . 14 15 Waiver of Rights by insured parties 5 I I. 6 I I Warranty and Guarantee. General -by CONTRACTOR .. 6 30 Warranty of Title. CON fRACTOR's . .. 14 3 Work - Access to 13 2_ by others. . 7 Changes in the .. 10 Continuing the. . .. .. . . . . . . . . 6 29 CONTRAC fUR May Stop Work or Terminate 15 5 Coordination of . . . . . . . . . . . . . . . . 7 4 Cost of the . .. 11 4-1 1 5 definition of 143 neglected by CONTRA_ IOR .. . . . . . . . . 13 14 other Work . . . . .. . . . . . . . _ . . . . . . . 7 OWNS • R May Stop Work . 13 10 OWNER May Suspend Work . 13 10. 15 1 Related. Work at Site 7. i-7 3 Starting the Stopping by COIsTRAC:IT)R Stopping by OWNER 15.1-15 4 Variation and deviation authorized. minor 3 6 Work Change Directive - claims pursuant to 10.'_ definition of ,4 . . . 15 5 1 4' principal references to 3.5.3. 10.1-10 2 Written Amendment - definition of 1 45 principal references to . . . 1 10, 3.5. 5.10, 5.12. 6.6.2.6 82_. 6 19. 10.1, 10.4. 1 1.2_, 12.1. 13.1 2.2, 14.7 2 Written Clarifications and Interpretations . 3.6.3, 9 4. 9.11 Written Notice Requi•ed- by CONTRAC;IUR 7.1. 9 10-9.11. 10.4, 11.2. 12.1 by OWNER 9 10-9.11. 10.4. 11.2, 13.14 GC- 12 Si; GENERAL CONDITIONS ARTICLE 1 —DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify. correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRA, IUR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein 1 3. Application for Payment —The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. 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 est: blished by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed fortn setting forth the prices for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidders, the Bid torts. and the proposed Contract Documents (including all Addenda issued rnor to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invita- tion to Bid. instructions to bidders, and the Bid form. t 8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGI- NEER. 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 an or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRAC IOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Noti,:e of Nward) when attached as an exhibit to the Agreement, the Notice to Proceed. the Bonds, these General Conditions. the Supplementary Conditions, the Specifications and the Draw- in8s as the same are more specifically identified in the Agree- ment. together with all Written Amendments. Change Orders. Work Change Directives. Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3 5. 3.6.1. and 3 6.3 on or after the Effecti‘ a Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6 27 and the reports and drawings referred to in paragraphs 4 2.1.1 and 4 2.2.2 are not Contract Documents. 1 II 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 11.9 1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of d2ys or the dates stated in the Agreement: (0 to achieve Substantial Completion. and (ii) to complete the Work so that it is ready for final payment as evidenced b•, ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR —The person. firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient, in that it does not conform to the Contract Docu- ments, 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 ENGI- NEER's recommendation of final payment (unless responsi- bility for the protection thereof h..s been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope. extent and character of the Work to be furnished and per- formed by CONTRAC"1UR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. 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 tc sign and deliver. 1.17. ENGINEER—Tne person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER'S independent professional associate or con- sultant with respect to the Project and who .3 identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which dots not involve a change in the Contract Price or the Contract Times. GC— 13 120. General Requirements —Sections of Division 1 of the Specifications. 1.21. 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. 1 22. 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 3unsdiction. 1.23. Liens —Liens, charges. security interests or encum- brances upon real property or personal property. 1.24 ,'.fiestone—A principal event specified in the Con- tract Documents relating to an intermediate completion, date or time prior to Substantial Completion of all the Work. 1 25. Notice of Award —The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified. OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixirg the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR's obltgatiors undo' the Contract Documents. 1.27. OWNER —The public body or autho ity, corpora- tion, asst -lawn, firm or person with whom CONTRA- IOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for whict, it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petroleum —Petroleum, including crude oil or any fract:on 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 Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material —Source, special nuclear, or byproduct material as defined by the ".tomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.33. Resident Project Representative— The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. ,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. 1.35. Shop Drawings —All drawings. diagrams, illustra- tions, schedules and c:her data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illu-trate some portion of the Work. 1.36. Specifications —Those portions of the Contract Doc- uments consisting of written technical descnpticns of materi- als. equipment. construction systems. stan.t.irds and workman- ship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the pertormance of a part of the Work at the site. 1.38. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Su'••stantial Completion, it is sufficiently com- plete, in accord.:.,,:e with the Contract Documents, so that the Work (or specified hart) can be utilized for the pur poses for which it is intended: or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Cond.tions—The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A manufacturer, fabricator, supplier, dis- tributor, materialman or vendor having a direct contract with CONTRACIUR or with any Subcontractor to furnish materi- als or equipmen. to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments. and any encasements cortaining such facilities which have been installed underground to furnish any of the following services or materials: electricity. gases. steam. liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. GC— 14 c t 0 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result ,tf p rfurming or furnishin►. labor and furnishing and incorporating matenals and equipment into the construction. and performing or furnishing services ar.d furnishing docu- ments. all as required by the Contract Documents. 1.44 Work Change Directive —A wntten directive to CON- TRACT IU;•., issued on of after the Effective Date of the Agreement and signed by OWNER and re ommended by ENGINEER. orde', ig an addition. deletion or revision in the Work, or responding to Jitl-:ring or unforeseen physical condi- tions under which the Work is to be performed as pro% tded in p tagraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Vsork Change Directive ' :cot change the Contract Price or the Contract Times. tn. i. t • tdence that toe parties expect that the ch, nge directed or docu rented ht. a Woi k Change Direc- tive win be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the C. otract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment —A written amendment of rie Contract Documents, signed tv OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with U.: nonengineonng er nontechni: al rather than strictly construction -related aspects of the . intract Docu- ments. t.RT1CLE 2 —PRELIMINARY MATTERS Delivery of Bonds: 2. i . When CONTRAC tUR delivers the executed Agree- ments to O , .\ ER, CONTRAC. IUR shall also deliver to OWNER such Bona_ as CONTRAC:IUR may be -equired to fum .h in accordance with paragraph 5.1. Copt i of Documents: 2.2. OWNEi. shall furnish to CONTRACTOR up to ten copies (unless o' nerwise specified in the Supplementary Con- ditions) of the . ontract Documents , are reasonably neces- sary for the . • . cution of the Work. A..±tional copies will be fu n:shed, upur. request, at the cost of reproduction. Commencement of Co.ar rt Times; Notice to Proceed: 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement. or. if a Notice to 1 raceea is given, on the day indicatr, in the Nonce to Proceed. A Notice t) Proceed may be given at any time within thirty days after the Effective Date of th•: Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the d iy of Bid opening or the thirtieth day after the Effective Date of the Agree ment. whichever date is earlier. Starting the Work: 2 4. CONTRACT iR shall start to pertorm the Work on the date when the Contract Times commence to run. but no Work shall be done at the site prior to the date on which the Contract Times commence to run. Before Starting Construction: 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefully study and compare the Crni act Documents and check and verify pertinent figures shown thereon and all applicable field nieasurements. CONTRAC- TOR shall promptly report in wnting to ENGINEER any conflict, error, ambiguity or discrepancy which C )NTRAC- T r: may discover and shall obtain a wr.'t••n interpretation or clarification from ENGINEER before proceeding with any Work affected thereby, however. CONTRACTOR shall not I e liable to OWNER or ENGINEER for failure to report any con,' ,.t. error, ambiguity or discrepancy in the Contract Doc- uments. uni. 3s CONTRAC IUR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date or the Agree- ment (unless otherwise specified in the General Requirements). CONTRACTOR shall submit to ENGINEER foi review: 2.6.1. a preliminary progress s hedule indicating the times (nun. bers of days or dates) for starting and c•mnp'eting the various stages of the Work, including ..ny 'Milestones specified in the Contract Documents: 2.6.2. a preliminary schedule of Shop Draw itig and Sam- ple submittals which will list cacn required submittal and the times for submitting. reviewing and processing such submit- tal; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will si'bdiv i ;e 'he Work into component parts in sufficient detail to serve as the basis for progress payments dunnr construction. Such prices will include an appropriate amount of overnead and profit appli- cable to each item of -Work. 7. '. Before any Work at the site is started. CONTRACTOR and OWNER shall each deliver to the ot'ier, nth copies to each additional insured identified in the Supplementary Condi- tions, certifier- tes o' insurance (and other evidence of insurance which either of Cher- or ans additional insured ma% reasonably request) which CO: WRAC JUR and OWNER respectively are required to purchase and maintair in accordance with para- graphs 5.4, 5.6 and 5.7. Preconstruction Conference: 2.8. Within twenty days after the Contract Times star. to run, but before any Work at the site is started. a conference GC- IS atten d by CONTRACIUR, ENGINEER and others as ap- propnate will be held is establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6. procedures for handling Shop Drawings and other submittals. processing Applications for Payment ..rid maintaining required records. Initially Acceptable Schedules: 2.9. Unless otherwise provided in the Contract Docu- ments..:: least ten days b. tore submiss•on of the first Applica- tion tor t'cyment a cot'erence attended by CONTRACTOR. ENGINEER and others as appropriate will be held to review for acceptabili,y to ENGINEER as provided below the sched- ule. abmittec el accordance .sr,'i paragraph 2.6. CONTRAC- T`n, shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schea,iles. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and accepta'le to ENGINEER as proviaec 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 C'o^tract Times, bt.. uch acce^tance will neither impose on ENGI- N iER respons'bthty fo• the sequencing, scheduling or progress of the 'ss >ri n.>r intert'e: r with or relieve CONTRACTOR from CONTRACTOR's full ..--•ponsibilitytherefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the rcttuired submittals. CONTRACTOR'S schedule of values will b: acceptable to ENGINEER as to form and substance. ARTICLE 3 —CO' TRACT DOCUMENTS: INTENT, AMENDING. REUSE Intenft: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRALIUR concerning the Work. The Contract Documents are compicmertarv: what is called for by one is as binding as if calle.: f. r by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally co-nplete Project (or part thereof) to he con- strucred in a; -o, .. ,nce with the Contract Document.. Any Work, materials r - equipment that may reasonably be inferred from the Cone -act Documents or from prevailing custom or trade usage as being required to produce the intended result will be furs ea and performed whether or nut specifically called f ' N hen words or phrases which have a well- know n technical or construction indastry or trade meaning are used to aescnbe Work, matenals or equipment. such words or phrases shall be. interpreted in accordance with that meaning. Clanfi- c,•tions and interpretations of the Contract Documents shall oe is ied by ENGINEER as provided in paragraph 9 4 3.3. Reference to Standards and Specifications of Technical 5ocieaes; Reporting and Resolving Discrepancies: 3 3 I Reference to standards. specifications. manuals or codes of any technical society. organization or association. or to the Laws or Regulations of any governmental authority, whether such reference be specific or by impliLation. shall mean the latest standard. specification, manual, code or Laws or Regulations in effect at the time of opening of Bids tor. tin the Effectise Date of the Agreement if there weie no Bids). except as may be otherwise specifically stated in the Contract Documents. 3.3 2. It. dunng the performance of the Week. CON- TRACTOR discovers any conflict, error. ambig'.,'v or dis- .repa,,cs within the Contract Documents or het seen the Contract Documents and any provision of any such Law or Regulate to applicable :o the p etor mance 01 the Work or of any such standard. specification. manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once. and. CONTRAL. IOR shall not proceed with theu'ork affected thereby (except in ar emergerc', as authorized by paragraph 6.23) until an amendment o, s•ipplement to the Contract Documents has been issued bs one of the methods indicated in r "agraph 3.5 or 3.6: pn • ided. however r'iat CONTFACTG.- shall not be liable t' ' `WNER or EN c :- NEER for far • to report any such conflict. error ambicu- rty or • epar,cy unless CONTRACTOR knew or reason- ably should have known t' ereof. 3.3 3. Except as otherwise specifically stated in the Contract Documents or as may he provided by amendment or supplement thereto ',sued by one of the methods indi- cated in paragraph 3.5 or 3.6. 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: 3 3 3.1. the provisions of any such standard. speci- fication, manual. code or instruction t whether or not specifically incorporated by reference in the Contract Documentst. or 3.3.3 2. the provisions of any such Laws or Regu- lations applicable to the performance of the Work (unless such an interpretation of the provisions of tie Contract Documents would result it siolation of sue h Law or Regulation). No pros ision o• .any such standard, specification.. manual. code or instructior. hall he effective to change the duties and responsibilities of OWN ER. CONTRACIUR or ENGINEER. or any of their suhontractors, consultants. agents. or em- ployees from those s •, forth in me Contract Documents, nor shall IL be effective to assign to OWNER. ENGINEER or ary of ENGINEER's Consultants. agents or employees any duty or authority to supervise or direct the fureshiig qz GC— 16 performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms "as ordered." "as dir.cted." "as required." "as allowed." "as approved" or terms of like effect or import are used. or the adjectives "reasonalae," "suitable." "acceptable." "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judg- ment of ENGINEER as to the Work. it is intended that such requirement, direction, review or judgment 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). fhe use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or duect the furni hing or performance of the Work r any duty or authority to undertake responsibility contrary to the provi- sions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents: 3.5. 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: 3.5.1. a formal Written Amendment. 3.5.2. a Change Order (pursuant to paragraph 10.4), or 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition. the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3 6.1. a Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing Sample (pursuant to paragraphs 6.26 and 6.27), or of the Drawings. Specifications or other documents for copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, and nil shall not reuse anv of such Drawings. Specifications. other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adoption by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish. as indicated in the Con:ract Documents, the lands upon which the Work is to be performed. rights -of -way and easements for access thereto. and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request. OWN ER shall furnish CON- TRACTOR with a correct 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 lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumnrances or restrictions not of general application but specifically related to use of lands so furnished with which CON'TRAC: IOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. If CONTRACTOR and OWNER are unable to agree on en'.itlement to or the amount or extert of any adjustments in the Contract Price or the Contract Tries as a result of any delay in OWNFR's furnishing these lands. rights -of -way or easements. CON" RACTOR may make a claim therefor as provided in Articles 11 and 12. CONTRAC IOR shall provide for all additional lands and access there'o that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: or 4.2.1. Reports and D. awings: Reference is made to the Suppl. mentary Conditions for identification of: 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR. and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) hall not have or acquire any title to or ownership rights in any 4 2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents: and 4.2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in piepar- ing the Contract Documents. GC -17 '13 4 2.2. 1 mitred Reliance by CONTRACTOR .4uthortzed. Technical Data. CONTRAC 1UR may rely upon the general accuracy of the "technical data" contained in su,:h retorts and drawings. but such report- and drawings are not Contract Documents. Such '•technica' data" is identified in the Suppl• - mentary Conditions. Except for such reliance on such "tech- nical data. ' CONTR ACTOR may not reiv upon or make any chum against OWNER. ENGINEER or any of ENGINEER's Consultants with respect to 4 2.2.1. the c ompleteness of such reports and drawings for CONTRACTOR 'c purposes, including, but not limited to any aspects of toe means, methods. techniques. se- quences and procedures of construction to be employed by CONTRACTOR and s•,fety precautions and programs inci- dent thereto, or 4 2 2.2. other data. interpretations, opinions and infor- mation container, in such reports ur shown or indicated in sucn drawings. or 42.2 3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or ,'ny such data, interpretations, opinions or information. 4 2.3. Notice of Differing Sul -surface or Physical Condi- tions. If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provides in paragraphs 4.2.1 and 4.2.2 is materially ina-curate, or 4 2.3.2. is of such a nature as to require a change in the Contract Documents, or 4 2.3 3. differs materially from that shown or indicated in the Con Act Documents, or 4 2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of th-' character provided for in the Contract Documents: then CONTRACTOR shall, promptly after becoming aware thereof and before furt:ter disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in wnting about such condition. CONTKAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (witty a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 42_.5 Possible Contract Documents Change• If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a conduit)" that meets one or more of me categones in paragraph 4 2 3.. i Work Change Directive or a Change Order will he issued as provide. in Article It) to reflect and document the consequences of such change. 4 2.6. Pos c,,le Pri , and 1Imes Adjustments• An equitable adjustment in the Con.•act Price or in the Contract Times, or both, will be ;,Hawed to the extent that t',e existence of such uncovered or -evealed condition causes an increase or de- crease in CONTRACT! tic s cost of. or time required for performance of. the Wo;tr subject. however, to the following. 4 2 6.1. such condition mist meet any one or more of the categories described in paragraphs 4.2.3 I through 4.2.3 4, inclusive: 4 2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authon _,non of nor a condition precedent to entitlement to any stir.? ,ciustment, 4 2_.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will he subject to the provisions of paragraphs 9 10 and 11.9: and 4.2.6.4. CONTRACTOR shall not be entitled to In s adtustment in the Contract Prce or Times if, 4.2.6.4 I CONTRAC IOR knew of the existence of such conditions at the time CONTRAC IUR made a final commitmen' to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract: or 4.2.6.4 2. the existence of such condition could rea- sonably have been discovered or revealed as a esult 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 COi. TRAc IUR prior to CON TRACOR's making such Cnal con. nttment: or 4.2.6.4 3. CON1RACT'DR failed to give the written notice within the time and .i- required by paragraph 4 2.3. If OWNER and CONTRACT 1'R are unable to agree on entitlement to or as to the at • unt or length of 'in such equitable adjustment in the Con:rict Pnce or Contract limes. a claim may be mace therefor as provided in Articles 11 and 12. However. OWNER, ENGIN[-ERand ENGINEER'S Consult- ants shall not be liable to CONTRACTOR for any claims. costs, losses or damages sustained by CONTRAC IOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3.1. Shown or Indicated The information ..n i da•a shown or indicated in the Contract Documents with respect 10 exut fi Underground Facilities at or contiguous to the site is based on GC- 18 9v information and data furnished to OWNER or ENGINEER by the owner, of such Underground Facilities or by oth_rs Unless it is otherwise expressly provided in the Supplementary Conditions. 4 3.1.1. OWNER and ENGINEER shal' not be respon- sible for the accuracy or ..ompleteness of any such informa- tion or data. and 4.3.1 The cost of all of the following will be included in the Contract Price and CONTR ACIUR shall hale full re,pon- sibility tor. (i) renewing and checking all such information and data, lilt locating al' Underground Facilities .nown or indicated in the Contract Documents, toil coordination of the Work with the owners of such I nderground Facilities dunng construction. and (iv) the safet a.,d protection of all such Underground Facilities as provided in paragraph 6.20 and repairing any damage thereto resulting fron the Work. 4 3.2. Nor .shown or Indicated: If an Underground Fac:'ity is uncovered ur revealed at or contiguous to the site which was not snows indicated in the Contract Documents, CON- TRACIUR sh a'. promptly after becoming aware thereof and 'sefore furthe: istu-bing conditions affected thereby or per- forming any Work in correction therewith (except in an emergency as requ _ by paragraph 6.23) identify the owner of such Underground Facility and give written notice to that owner and to C`s NiER and ENGINEER. ENGINEER will prompt; . -eview trie Underground Fr: ility and determine the extent, n any, to which a change is required in the Contract Documi• _. to reflect and document the consequences of the existen. ' of the Underground Facility. It ENGINEER con- cludes that a •• ange is the Contract Documents is required, a Work Chang _i rective or a +.change Order will be issued as provided in icicle 10 to reflect and document such consr-- quenc:•s. Du-ing such tine. CONTRACTOR shall be respon- sible t 'r the sa'e•y and pr .rection of such Underground Facility as ri sided in paraorapi. 6.20. CONTRACTOR shall be al- lowec an increase 'n the Contract Price or an extension of the Con.r^ct Times. or both, to the extent that they arc attributable to t; , existence of any Unuerground Facility that was not show' sr indicated in the Contract Documents and that CON- TRA ';OR did not know of and could not reasonably have been expe_ted to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to ac-ee on entitle• ment to or the amount or length of any such adjustment in Contract Pnce or Contract Times, CONTRACTOR may make claim therefor as provided in Articles I I and 12. However. t iW'NER, ENGINEER and ENGINEER's Consultants shall be liable to CONTRACTOR for any claims, costs. losses or darns ges incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated protect. Reference Points: OWNER shall provide engineering surveys to estab- lish •.ference points for construction which in ENGINEER's Judgment are necessary to enable CONTRACTOR to proceed with the Work C JNTRACTOR shall be responsible ft- laying ix'r the Work, shall protect and preserve the est..olished i' tcrence points ano shall make no changes cr relocations without the prior written approval of OWNER. CONTR TOR shall report to ENGINEER whenever an\ refert..,ce point is lost or destroyed or requires relocatiot. because of necessary changes in grades or locations, and sh.., be respon- sible for the accurate rep.acemeot or relocation of such refer- e,ice points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous Haste or Radio- active Material: 4 5.1. OWN►'R shall be responsible for any Asbestos. PCBs. Petroleum. Hazardous Waste or R. .,a_mc Material uncovered or resealed at the site which was hot shown or indicated in Ura..ings or Specifications or identified in the Contract Documents to be within the slope of the Work and .. t h may present a substartial danger to pe, sons or property exposed thereto in connection with the Work at the OWNER shall not be responsible any such matenats brought to the site by CONTRACTOR. Subcontractor, S, ppli- ers or anyone else fo- whom CONTRACTOR is responsible 4 5 2. CONTRACTOR shall immediately t t stop all Work in. .onnection wan such hazardous condi and in any ar_a affected thereby (except in an emergen:y as re- quired by paragraph 6.231. and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in wr.:tpg) OWNF.R shall promptly consa't with ENGINEER concern- ing tht necessitt for OWNER to retain a qualified expert to evaluate such h.J..ardous condition or take corrective action. if any. CONTR. (`TOR shall not be required .0 resume Work in connection with s`jch hazardous condition or ii, am' such affected area until after OWNER has obtained am r,gaired permits related thereto and delivered to CONTRACTOR special written notice: (i) specifying that such condition and any affected area is or has been rendered s ife for the resumptior of Work. or (ii) specifying any special conditions under which such Work may be resumed safely tf OWNER and CONTRACIUFs cannot agree as to entitlement to or the amount or extent of alt adjustment. if any. in Contract Price or Contract Times a: a result of such Work stoppage or such special conditions i nder which Work is agreed by CON- TRACIUR to be r:,umed. either party m :y make a claim therefor as pros ideu in A.icles 11 and 12 4.5 3. If after receipt of such sp••c al 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 condition-. then OWNER may orc.er such portion of the Work th.. is in connection with such hazardous condition or in such af- fected area to be .Meted from the Work. If OWNER and CONTR ACIUR . annot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Pn.e or Contract Times as a result of deleting such poi, ., of the Work, then either party may make a ,;arm t` :etor as provided in Articles 1 and 12. OWNER may hale ,'.ch deleted portion of the Work performed by OWNER- ,,wn forces or others in accordance with Article 7. 4 5 4. To the fullest extent permitted by Laws and Reg- ulations. OWNER shall indemnify and hold harmless CON- TRACTOR, Subcontractors. ENGINEER. ENGINEER s GC— 19 95 Consultants and the officers, directors. employees, agents. other consultants and subcontractors of each and any of them from and against all claims, costs. losses and damages arising out of or resulting from such hazardous condition. provided that: (it any such claim. cost, loss or damage is attnbutable 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 (ii) nothing in this subparagraph 4 5 4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos, PCBs. Petroleum. Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5 —BONDS AND INSURANCE Pe: formance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Pay- ment Bonds. each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Con -act Documcnts. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Docu- ments 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 Authonty as Acceptable Suretie on Federal Bonds and as Acc. ptable Reinsunng Companies" as published in Circular 570 (arr rided) by the Audit Staff. Bureau of Government Financial Opera- tions. U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authonty to act. 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within ten days thereafter substitute another Bond and surety. loth of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety o" insurance companies that are duly licensed or authorized in the juris- diction in which the Project is located to issue ponds 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 pro- vided in the Supplementary Conditions 5.3.2. CONTRACTOR shall deliver to OWNER. with copies to each additional insured identified in the Supple- mentary Conditions certific•ues of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain in accordance with paragraph 5 4 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 addi- tional insured) which OWNER is required to purchase and maintain in accordance .vith paragraphs 5.6 and 5.7 hereof CONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may anse out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRAC lUR's other obligations under the Con- tract Documents. w hether it is to be performed or furnished by CONTRACTOR. any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation. disability benefits and other similar cmpioyee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR's employees: 5.4.3. claims for damages because of bodily injury, sick- ness or disease. or death of any person other than CON- TRAC tOR's employees: 5.4.4. claims for dar. ages insured by customary 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 (ill by any other person for any other reason: 5.i.5. claims for damages, other than to 'he Work itself. because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom. and 5 4.6. 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. GC— 20 The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5 4.7. with respect to insurance required by paragraphs 5.4 3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER. ENGINEER. ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions. all of whom shall be listed as additional insureds. and include coverage for the respective officers and employees of all such additional insureds; 5.4 8. include the specific coverages and be written for not less than the limits of liability providrd in the Supple- mentary Conditions or required by Laws or Regulations. whichever is greater: 5.4.9. include completed operations insurance; 5.4 10. include contractual liabilit- insurance covering CONTRACTOR's indr mnity obligations under paragraphs 6.12. 6.16 and 6.31 through 6.33. 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed or renev.al refused until at least thirty days prior wntten notice has been given to OWNER and CONTRA(: 1UR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so pro- vide); 5.4 1 . remain in effect at least until final payment and at all times thereafter when CONTRA( -:10R may be correct- ing, removing o- replacing defective Work in accordance with paragraph 13.12; and 5.4 13. 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 CONTRACT tUR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certr' Cate 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). OWNER's Liability Insurance: Property insurance: purchase an m nce upon the Work at the site in the amount of the fu placement cost thereof (subject to such deductible amou s may be provided in the Supplementary Conditions or re • ired by Laws and Regulations). This insurance shall. 6.1. include the interests of OWNER. CON r AC - TO Subcontractors. ENGINEER. ENGINEER'. Con- sulta is and any other persons or entities identifi in the Suppl • entary Conditions, each of whom is deem i to have an ins .ble interest and shall be listed as an sured or addition insured: 5.6.2. peril or spe include insu temporary bu insure against extended cove earthquake. colla by enforcement and such other pe Supplementary Con writte • on a Builder's Risk "all- tal ca;. -.•s of loss policy form th nce I it physical loss or dam ngs. talsework and Work i t least the following pe e. theft. vandalism and se, debris removal, d Laws and Regula as may be spec tions; 5.6.3. include expe ment of any insured p fees and charges of engi ses incurr pertY (i ers 5.6.4. cover materials a at another location that was prior to being incorporated materials and equipment h tion for Payment recom sk" or open shall at least e to the Work. transit and shall s fire, lightning, alicious mischief. olition occasioned ns, water damage, cally required by the in the repair or replace- luding but not limited- to architects); quipment stored at the site or eed to in writing by OWNER the Work, provided that such en included in an Applica- hy ENGINEER: and 5,6.5. be maintains n effect • til final payment is made unless otherwise agre • to in wn ng by OWNER, CON- TRACTOR and ENG EER with t 'rty days written notice to each other addif .nal insured to horn a certificate of insurance has been ssucd. 5.7. OWNER s all purchase and main n such boiler and machinery insu • e or additional propert nsurance as may be required by t e Supplementary Conditi. s or Laws and Regulations whA.i will include the interes . of OWNER, CONTRACT° Subcontractors. ENGINEER NGIN EER's Consultants a d any other persons or entities i• ntified in the Supplemen Conditions, each of whom is de- ed to have an insurabl interest and shall be listed as an insured or additional ' sured. 5.8. Il the policies of insurance (and the cent ates or other e idence thereof) required to be purchased an main- tained .y OWNER in accordance with paragraphs 5.6 . d 5.7 will .. ntain a provision or endorsement that the co - rage affo • ed will not be cancelled or materially changed or ren wal ref ed until at least thirty days' prior wntten notice has . en gi -n. to OWNER and CONTRACTOR and to each of r a ditional insured to whom a certificate of insurance has be sued and will contain waiver provisions in accordance wit aragraph 5.11. H7 GC -'1 .9. OWNER shall not be responsible for purchasing mat .ining any property insurance to protect the inter s of CON CTOR, Subcontractors or others in the W to the extent o y deductible amounts that are ide ed in the Supplementa Conditions. The risk of loss w in such iden- tified deductible mount. will be borne b ONTRACTOR, Subcontractor or o rs suffering any s loss and if any of them wishes property urance cov .ge within the limits of such amounts, each ma .urch..e and maintain it at the purchaser's own expense. 5.10. If CONTRA 'dR requ- s in writing that other special insurance be i, uded in the pro. -rty insurance policies provided under p. •. .phs 5.6 or 5.7. 0 ER shall, if possi- ble, include s insurance, and the cos hereof will be charged to • • NTRACTOR by appropriate Ch. • e Order or Written : endment. Prior to commencement of t - Work at the s. , OWNER shall in writing advise CONTR • R w er or not such other insurance has been procure. by NER. 5.11. Waiver of Rights: 5.11.1. OWNER and CONTRACIOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER. CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils 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. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTUR, Subcontractors. ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 5.11.2.2. loss or damage to the completed Project or part thereof caused by. ansing out of or resulting from fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10. after substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13. Any insurance policy maintained by OWNER covering any loss. damage or consequential loss referred to in this paragraph 5.11.2 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 any of CON- TRACTOR. Subcontractors, ENGINEER. ENGINEER's Con- sultants and the officers, directors, employees and agents of any of them. Receipt and Application of Insurance Proceeds 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received, and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repairs d or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any lo.,s with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached. OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. Acceptance of Bonds and Insurance; Option to Replace: 5.14. If either party (OWNER or CONTRAC. IUR) 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 ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.7. 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 Contract Documents, such party shall notify the other party in writing 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 GC— 22 cis required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. Partial Utilization —Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with paragraph 14.10: provided that no such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies. but the property insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 —CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. 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 Con- tract 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 others 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 accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of -CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qual- ified 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. 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 indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday. Sunday or any legal holiday without OWNER's written consent given after prior wntten notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments, CONTRACT IUR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation. con- struction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing, performance. testing, start-up and comple- tion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. 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 kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected. used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRAC.IUR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. 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 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 permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: GC— 23 CI q 6.7.1.1. "Or -Equal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRA(: IUR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in 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 acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1, it will be considered a pro- posed substitute item. CONTRA(, IUR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute 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 evaluation and acceptance of the proposed substitute will prejudice CON- TRACtOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRAC IUR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. 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, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGI- NEER, 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 ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or - equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents for in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR. CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER's or ENGINEER'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 Subcon- tractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such GC— 24 00 substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor, Supplier or other person or organization shall constitute a waiver of any right of OWN ER or ENGINEER to reject defective Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors. Suppliers and other persons and organiza- tions performing or furnishing any of the Work under a direct or indirect contract with CONTRAC IUR just as CON- TRACTOR 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 person or organization any contractual relationship between OWNER or ENGINEER and any such Subcon- tractor, Supplier or other person or organization. nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor. Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors. Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACIUR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor 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 Docu- ments 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 5.6 or 5.7, the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER. ENGINEER's Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the penis 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 anti Subcontractor or Supplier. CONTRACTOR will obtain the same. Patent Fees and Royalties: 6 12 CONTRACTOR shall pay all license fees and royal- ties 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. CONTRAL IUR shall indemnify and hold harm- less OWNER. ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims, costs. losses and damages arising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion in the Work of any invention, design, process, product or device not specified in the Contract Documents. Permits: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRA(; IUR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. 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 caused by, arising out of or resulting therefrom; however, it shall not be CONTRAC:IUR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 3.3.2. Taxes: 6.15. 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 GC— 75 lot the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRAL IUR shall confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age 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. 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 arbitra- tion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGI- NEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and damages arising out of or resulting from 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. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste 'materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACT IUR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRA(: tUR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments. Change Orders, Work Change Direc- tives, Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents. Samples and Shop Draw- ings will be delivered to ENGINEER for OWNER. Safety and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage. injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site: and 6.20.3. other property at the site or adjacent thereto. including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or 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 indi- rectly, in whole or in part, to the fault or negligence of CONTRACIOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). Safety Representative: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and GC— 26 10 responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR. without special instruction or au- thorization from OWNER or ENGINEER. is obligated to act to prevent threatened damage. injury or loss. CON- TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If 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 he issued to document the consequences of such action, 6.24. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will he 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 quanti- ties, dimensions, specified performance and design criteria, matenals and similar data to show ENGINEER the materi- als and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals. 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 6.26. The num- bers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submittal Procedures: 6.25 I Before submitting each Shop Drawing or Sam- ple. CONTRACTOR shall have determined and venfied: GC— 27 6.25.1.1. all field measurements, quantities, dimen- sions, specified performance criteria. installation require- ments. materials, catalog numbers and similar information with respect thereto. 6 25.1 2. all materials with respect to intended use. fabrication, shipping, handling. storage. assembly and installation pertaining to the performance of the Work. and 6.25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods. tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. 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, 6 25.2. Each submittal will hear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission. CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, 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 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. 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, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents ENGiNEER's review and approval will not extend to means. methods, techniques. sequences or procedures of construction (except where a particular means, method, technique, se- quence or procedure of construction is specifically and ex- pressly 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 CONTRACTOR shall make corrections required by ENGINEER. and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract 03 Documents unless CONTRACTOR has to wnting called EN- GINEER s attention to each such vanation at the time ,'f submiss, n as r• uurred by paragraph 6 25 3 and ENGINEF4 has go, (n writ; . • Ito, al ot each such vanation by speun; +ntten nitation ; _.eof inzorporated in or accompanying the Shop Dr. ring or •ample approval. nor will anv appro.,,' by 's GIN R relic e CONTRACTOR torn respur hrlrty for uor ;,,mg k .: :he requirements of paragraph 6 _'5.1 t, _S W here a Shop Drawing or Sample is required by the .Contact Documents or the schedule of i)nop Drawings and Sampla submr•sions accepted by'-NGINEER as required by paragraph 2.' any related Work performed pnor to E`,1GI- NL!:R's re, iew and approval of the per*,nent u,r-• 'ual will be at the sole expense and responsibility of CONTF.,,. roR. Contir.urnq the ,cork: 6 29 CONTRACTOR shall carry on the Work. and adhere to t),, ,•roeress schedul_ dunng .ill disputes or disagreements with (, ' NER Work ,hall he d_L,yed or postponed pend- ing re-, anon ," any u pules or disagreements, except as permr ..d h, paragraph 1. 5 or as OW NER and L JNTRAC- TOR may otherwise ag,ee in wnting. 6.30. CONTRACTOR's General Warranty and Guarantee: f 30 I. CONTRACTOR warrants and guarantees to OWNER. ENGINEER and ENGINEER's `onsultani, tnat a': Work will he in accordance witty ' Contract Do:uments a -d will not he defective C' `N i R,- CTOR's warran:y told guarantee hereunder exclude:, defects or damage cause by 6 3) ! I abuse modification orimeropermamtelance or < ! c au„o by persons other than CONTRACTOk, Sub- . con:ra_tors or Supplier,, or 6 30.1 2. nor --;al wean and tear under normal usage. 6 30 2. CONTRACTOR's obhhgat.cn to perform and com- plete the Work in accordance with the Contract Documeots shah re absolute None of the follow ing will constitute an accept -rice o, Work that is not in accord:..•ice with the Con: -.,_t (, tiurnents or a release of CON r i ,sCTOR's obli- gation to perform the Work in accordance with th- Contract Documents: 6 30 2.1. observations by ENGINEER: r ',t• 2 3 recommendation of any progress or final pa,:,,e • y ENGINEER: F' 3t) 2 3. the r suance of a certificate of Substan'ial Completion or any payment by OWNER to CONTRAC- TO + under th Contract Documents: • +J 2 •'-. use or occupancy of the Work or any part th _of by OWNER: 6.30 2 5 an. acceptance by (;WNER or any tatlure to do so. 6 30 2 6. anv re' i - and approval of a Shop Drawing or Sam,de submitta „ :he is\,:auce of a nonce, ut accept- abilrt'. by ENGINLFR pursuant to paragrapt 14 13, 6 -.1 2.7 any inspection. test or approval by otners: or 6 30 2 8 any core.tion of delec to e Work by Off: N ER I ndemny5: atwn: 6 31 To the fullest extent permitted by Laws and R cuia- tions, CONTRACTOR shall indemnify and hold h,. mless )WNER, ENGINEER, ENGINEER's Consultants and the officers. directors, employees, agents and other consultant of eaci. and any ot :hem from and against all claims costs, losses and damages (including but not limited to all tees and charges of enginec s, architects. attorneys and o'her professionals and a' corn of arbitration or other dispute resolute, costs) caused ' a:;sing out of or resulting rrom the pert. rmance of the �• ter. provided that any such claim cost. lo, . •,rdamage• lit is attributable to bodily injury. sickness, disease or death, or to injury to or destruction of tangible properly to ,er than the Work its,:lfl, rrad'.ding 'he loss of use resulting therefrom. and (iii is caused it whole or in part av airy negligent act or omissior, of CONTRACT. ",'R, am Subcon"J.aor any Supplier, any person or organ zatiot, directly or indirectly employed by any of them to per;.nn or f.i-rush any of the Work or anyone for w ruse acts any of them may be ',able. regardless of w hether yr not caused in part oy any aeLLgcace oromiss,oi, of a n -son or entity indemnified hereunder or whet't-r Iranrhry is imposed upon such indemnified part, nv Law , and Regulat.ons regard- less of the negligence of an such person or entity. 6.32. In any and ail claims against Ci,•'NER o IN 1- NEER or any of their respective consuita, agents, ct'ice • . directors or c-iployees by any ernp'ayee t „ the survi or or persoral representative of such employee) u• .. ONTRACI")R, any S,.'>contractor, c-tv Supplier, any pers: i or organizar m directly or indirectly employed by any of th.m to perform or furnish any of the Work, or anyone for whose acts any of them may be liable. the m,.emnification obligation under p, ragraph 6.31 shall no- be rated in any way by any ;imitation on the amount or type o .amages. compensation or benefit, pay able by ,rr for CONTR NCTOR or any .'ich Subco •tractor. Supplier or o:her person or organization u• •er workers' compensation acts. disability benefit acts or other employee benefit r• ts. 6. , The indemnification oblrgat,ons of CONTR ACTOR under paragrapr ',.31 shall not extend to the liabv.ty of ENGI- NEER and ENGINEER's Consultants, offiiec s. directors, employees or agents caused by the professional negligence, errors or omissions of an: of them. Survival of Obligations: 6 34. All representations, inacmnriications warranties and guarantees made in, required by or,•o,en it accordance with GC— 28 104 the Contract Documents, as well as all continuing obligations indicated in the Contract Documents. will survive final pay- ment. completion and a.ceptance of the Work and termination or completion of the Agreement. ARTICLE 7 —OTHER WORK Related Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNER'S own forces. or let other direct contracts therefor which shall contain General Condi- tions similar to these. or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents. then: (0 written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles 11 and 12 if CONTP ACTOR believes that such performance will involve add •oval expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility out er (and OWNER. if OWNER is performing the addi- tional work with OWN ER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents. CONTRACTOR shall do all cutting, htung and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and 'he others whose work will be affected. The a,ities and responsibilities of CONTRACTOR uncle- tn,s paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefi: of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under t: ,s Article 7. CONTRACTOR shall inspect such other work ano promptly report to ENGINEER in writing any delays, defects of deficiencies in such other work that rends- it unavailable or unsuitable for the proper execution aid results of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTi:ACIOR's Work except for latent or nonapparent defects and deficiencies in such other work Coordination: 7 4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, fi-m or corporation who will have authority ano responsib'lity for coordination of the activities among the various prime contractors will be identified: 7 4 2. the specific matters to be covered by such author- ity and responsibility will be itemized: and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions. OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8 —OWNER'S RESPONSIBILITIES 8. I . Except as otherwise provided in these General Condi- tions. OWNER shall issue all commuucations to CONTRAC- TOR through ENGINEER. 8.2. in case of termination of the employment of ENGI- NEER, OWNER sha!' appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shat; furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. O'NNER's duties in respect of providing lands and easements and providing engii,eenng surveys to establish ref- erence points a -e set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to (WNER's identifying and making available to CON TRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests an approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate serv,cts of CON- TRACTOR under certain circumstances. GC— 29 b5 8 9. The OWNER shall not supervise, direct or have control or authority over. nor be responsible for. CONTRAC- TOR's means. methods. techniques. sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRAL l'OR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos. PCBs. Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8 1 1. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obligations unde" the Contract Documents, OWNER', responsibility in respec thereof will be as set forth in the Supplementary Conditions ARTICLE 9 —ENGINEER'S STATUS DURING CONSTRUCTION OWNER's Representative: 9. I. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Site: 9.2. ENGINEER will make visits to the site at irtervals appropriate to the anous stages of construction as ENGI- NEER deems nece•.,:ary in order to observe as an expenenced and qualified dean professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Ba ed on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determin-, in general, if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be requ.-ed to make exhaustive or continu- ous on -site inspections to cr eck 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 on -site observations. ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13. and particularly, but without limitation. during or as a result of ENGINEER's on -site visits or observations of CONTRACIUR's Work ENGINEER will not supervise, direct, control or have authority over or be respon- sible for CONTRACTOR's means. methods, techniques. se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. Project Representative: 9 3. If OWNER and ENGINEER agree ENGINEER will furnish a Resident Project Representative to assist ENGI- NEER in providing more continuous 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 9.13 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGI- NEER's Consultant, agent or emoloyee. the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents Iin the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of an reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRAC- TOR. If OWNER or CONTRACTOR believes that a wntten clarification or interpretation justifies an adjustment in the Contract Price or the (..ntract Times and the parties are unable to agree to the amount o: extent thereof, if any, OWNER or CONTf.AL1UR may mai,e a written claim therefor as pro- vided in Article 11 or Article 12. Authorized Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the comple ed Project as a functioning whole as indicated by the Conti .pct Documents. These may be accomplished by a Field 0 .er and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. if OWNER or CONTRAC:IUR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties arc unable to agree as to the amount or extent thereof. OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or 12. Rejecting Defective Work: 9 6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or fob GC- 30 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 inspec- tion or testing of the Work as provided in paragraph 13.9. whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6 24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authority as to Change Orders, see Articles 10. I I, and 12. 9.9. In connection with ENGINEER's authonty as to Applications for Payment, sec Article 14. Deterrninatrc u for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACIUR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR. unless. within ten days after the date of any such de --:lion, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedur s set forth in Exhibit GC -A, "Dispute Resolution Agreement," entered into between OWNER and CONTRACTOR pursuant to Article 16, or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decisioii, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptabili' of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 in respect of changes in the Contract Price o- Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other .patter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto. and w rtten supporting data will be submitted to ENGINEER and the other party within sixty days after the .tart of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or mor^ accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will re.ider a formal decision in writing with:n thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph ENGINEER's written decision on such claim. dispute or other matter will be final and binding upon OWNER and CONTRACIUR unless: (i) an appeal from ENGINEER's decr.ion is taken within the time limits and in accordance with the procedures set forth ir. EXHIBIT GC -A, "Dispute Reso- lution Agreement," entered into between OWNER and CON- TRA(- IOR pursuant to Article 16, or (u) if no such Dispute Resolut:t n Agreement has been entered into, a written notice of intention to appeal from ENGINEER'-: written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragr...phs 9.10 and 9.11. ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exe:vise by OWNER or CO1°TRAC IUR 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 pursuant to Article 16. 9.13. Limitaricns on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other pro\ ision 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 owed by ENGINEER to CONTRACTOR. any Subcontractor. any Supplier, any other person or organization, or to any surety for or em- ployee or agent of a:.y of them. GC— 31 X07 9.13.2. ENGINEER will not supervise. direct. con- trol or have authority over or be responsible for CONTRACTOR's means. methods, techniques. se- quences 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 furnishing or perfor- mance of the Work. ENGINEER will not be respon- sible for CONTRACTOR's failure to perform or fur- nish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Sub- contractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. 9.13.4. ENGINEER's review of the final Applica- tion for Payment and accompanying documentation and all maintenance and operating instructions, sched- ules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 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 certi- fied indicate compliance with, the Contract Docu- ments. 9.13.5. The limitations upon authority and respon- sibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Rep- resentative and assistants. ARTICLE 10 —CHANGES IN THE WORK Modified in Supplementary Conditions 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document. CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any. of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive. a claim may be made therefor as provided in Article II or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended. modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. GC— 32 10.4. OWNER and CONTRACTOR shall execute appro- pnate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are (1) ordered by OWNER pursuant to paragraph 10.1. Iii► required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14. or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Pnce or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations. but dunng any such appeal. CON- TRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, 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 respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11 —CHANGE OF CONTRACT PRICE Modified in Supplementary Conditions 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRAC 1UR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will VC be valid if not submitted in accordance with this paragraph 11.2. 11 3. The value of any Work cove -ed by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: 11.3.1. where the Work involved is covered b% unit pnces contained in the Contract Documents, by application of such unit pnces to the quantities of the items involved (subject to the provisions of paragraphs 11.9 I through 11.9 3, inclusive), 11.3.2. 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 aad profit not necessarily in accordance with paragraph 11.6.2): 1 1 3.3. 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 1 1.3.2. on the basis of the Cost of the Work (determined as provided in paragraphs 11 4 and 11.5) plus a CONTRACIOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily inct. rred and paid by CONTRACIi1R in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts ne higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: I 1 4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation supenntendents. foremen and other personnel em- ployed 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. work- ers' compensation, health and retirement benefits. bonuses. sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday. Sunday or legal holidays, shall be ircluded in the abov' to the extent authorized by OWNER. 11.4.2. 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 CONTRAC IUR unless OWNER deposits funds .. ith CON- TRACIUR with which to make payments in which case the cash discounts shall accrue to OWNER All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER. and CON- TRAC.IOR shall make provisions so that they may he obtained. 11.4.3 Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWN ER and CONTRACTOR and shall deliver such bids to Ow NER who will then determine. with the advice of ENGINEER. which bids, if any. will be accepted. If any subcontract provides that the Subcontractor is to he paid on the basis of Cost of the Work Plus a fee, the Subcontractor's Cost ui the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of ire Work and fee as provnted in paragraphs 11 4, 11 5, II 6 aad 11.7. All subcontrac"" shill be s}ibject to the other provisions of the Contract Documents insofar as applicaole. 11.4 4. Costs of special consultants (including but not limited to engineers, architects, testing lab )(atones. survey- ors. attorneys and accourtants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation. travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies. equipment.. machinery. appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACIOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading. unload- ing, installation, dismantling and removal thereof —all 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. 11.4.5.4. Sales, consumer. use or similar taxes related to the Work, and for which CONTRACTOR is liable. imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACIUR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and ro alty payments and fees for permits and licenses. GC— 33 1 14 5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connectior with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9). provided they have re- sulted from causes other than the negligence of CON- TRACTOR. any Subcontractor, or anyone directly or indirectly employed by an) of them or for whose acts any of them may be liable. Such losses shall include settle- ments 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 CONTR ACTOR's fee. If. however. any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof. CONTRACTOR shall be paid for sers ices a fee proportionate to that stated in paragraph 11.6.2. 11.4 5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11 4.5 8. Minor expenses such as telegrams. long dis- tance telephone calls. telephone service at the site, ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9 Cost of premiums for additional Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll cos' . and other compensation of CON- TRA(, IUR's officers. executives. pnncipals (of partnership and sole propnetorships), general managers, engineers, ar- chitects. estimators. attorneys, auditors, accountants, pur- chasing and contracting agents. expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's pniicipal or a branch & `r for general administration of the Work and not specificai,_. included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifi-ally covered by paragraph 11.4.4 —all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's pnncipal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses. including interest on CONTRA( tUR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for all Conds and for all insurance whether or not CONTRACTOR is requi-'ed by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACIUR. any Subcontractor, or anyone directly or indirectly em- ployed by any of them or for wnose acts any of them may be liable, including but not limited to. the correction of defective Work. disposal of matenals or equipment wrongly supplied and making g sod any damage to property Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 1 1.4. 11.6. The CONTRACTOR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee: or 11 6.2. 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. 11.6 2.1. for costs incurred under paragraphs 11 4.1 and 11.4.2. the CONTRACIOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3. the CONTRACTOR's fee shall be five percent: 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost of the Work plus :t fee and 'to fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4 2, 11 4.3 and 11.6.2 is that the Subcontractor who actually performs or furnishes the Work, at whatex er tier, will he paid a fee of fifteen percent of the costs incurred by such Subcon:ractor under paragraphs 11.4.1 and 11 4.2 and that any higher tier Subcontractor and CONTRAC IOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRAL IUR's fee by an a.nount equal to five percent of such net decrease; and 11.6.2.5. when both additions and credits Ore involved in any one change, the adjustment in CONTRA(_ IUR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6 2.5. inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown to- gether with supporting data. GC— 34 110 Cash Allowances: 11 8. It is understood that CONTRAL IUR has included in the Contract Price ail allowances so named in the Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRAC.ILA agrees that: 11.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes: and 11.8.2. CONTRACTOR's costs for unloading and han- dling 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 allowarces and no demand for additional payment on account of any of the foregoing will be valid. Prior to final payment. an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRAC IUR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price work: 11.9.1. N here 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 are amount equal to the sum of the established unit price fur edcn 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 classifica- tions of Unit Price Nork performed by CONTRACTOR ill be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price w•II be deemed to inc6:de an amount considered by CONTRAC 1OR to be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. 11.9.3. OWNER or CONTRA(; tOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement: and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work: and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Pnce and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE I2 —CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within six'y days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a , :suit of the occurrence of said event. All claims for adju:,trnent in Inc Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR, 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 therefor as provided in paragraph 12.1. 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 condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing 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 M '+:stones) in an amount equal to the time lost due to such decay shall be CONTRACTOR's sole and exc.usive remedy for such delay In no event shall OWNER be liable to CONTRAC- TOR any Subcontractor, any Supplier, any other person or organization, or to am surety for or employee or agent of any of them. for damages an3ing out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (ii) GC— 35 tit delays beyond the control of both parties inc:uding but not limited to fires. floods. epidemics. ab,rormal weather condi- tions. acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7 ARTICLE 13 —TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. Nonce of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defective Work may be rejected, corrected or accepted as provided in this Article 13 Access to Work: 13.2. OWNER, ENGINEER. ENGINEER's Consultants. other representatives and personnel of OWNER, independent testing laboratones an.: governmental agencies with jurisdic- tional interests will have access to 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. Tests and Inspections: (Modified in Supplementary Conditions) 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work for all required it pections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections. tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by paragraph 13 5 below; 13 4 2. that cost, incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and 13 4 3. as otherwise specifically provided in the Con- tract Documents. 13.5 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 repre- sentative of such public body. CONTRACTOR shall assume full responsibility for arranging and obtaitang such inspections. tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible for arrang- ing and obtaining and shall pat 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 of materials, mix designs. or equipment submitted for approval prior to CONTRACTOR', purchase thereof for incorporation in the Work. 13 6 If any Work (or the work of others) that is to he inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER. it must, if re- quested by ENGINEER, be uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13 F shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice o; CONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13 8. If any Work is covered contrary to the wntten request of ENGINEER, it must. if requested by ENGINEER be uncovered for ENGINEER's observation and repla.ed at CONTRACTOR's expense. 13.9. If ENGINEER con..iders it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others. CONTRACTOR. at ENGINEER's re- quest, shah 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 d4 -rages caused by, arising out of or resulting from such uncos :ring, 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 appropnate decrease in the Contract Price. and, if the parties are unable to agree as to the amount thereof. may make a claim therefor as provided in Article I I. If, however, such Work is not found 'o be defective. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones). or both, directly attributable to such uncovering, exposure, ob- servation, inspection, testing. replacement and reconstruction: and, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a ciarm therefor as pro- vided in Articles 11 and 12. OWNER May Stop the Work: 13.10. If the Work is defective. or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents. OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated: however, this right of OWNER to stop the Work GC— 36 shall not give rise to any duty on the par, of OA 'ER to exercise this right for the benefit of CONTRAC MR or any surety or other party. Correction or Removal of Defective Wo *: 13.1 1. If required :iy ENGINEER. CONTRACIUR shall promptly, as directed. either correct aii der., ctrve Work. whether or not fabricated. installed or complete... or. if the Work has been rejected by ENGINEER. remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims. costs. losses and damages caused by or resulting irom such correction or remos .: (including but n.,t limited to all costs of repair or replacement of work of others). 13.fl. Correction Period: 13 12.1 If wi,'-,in one year after the dare of Substantial Con-pie_ion or such ranger period of time as may be pre- scribed by Laws cr Regul.'tons or by the terms of any applicable special gurrantee required by the Contract Doc- uments or by any specific provision ot the Contract Docu- ments, any Work is found to be defective. CONTRACTOR shall prJmpti•., without cost to t)WNEti and in ac.ordance w th OWNER's wntten instructions: (i) correct such defec- tive Work. or if it has been rejected by OWNER. e it from the site and replace it with Work tha' is not defective. and (ii) s.usfactonly correct or remove and replace any damage to other Work or the work ot others resulting therefrom If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency w here delay would cat._.e serious risk of loss or damage, OWNER may have the defective Work correc.ed or the rej:cted \• )rk removed and replaced, and all claims, cots. losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In specia' circumstances where a partict-tai item of equipment is placed in continuous service before Substan- tial Completion of all me Work, the correction period for that item may start to run from an earlier date if so provided in the ...-ecifications or by Written Amendment. 13.12 3. Where defective Work (and damage to other Won. resulting therefrom) has been corrected. removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such Work will be extended for an additional period of one yea, after such correction or re- moval and replacement has been satisfaztonly completed. Acceptance of Defective Work: 13.13. If, instead of regi inng correction or removal and replacement of defective Wo-k. OWNER ,and. prior to ENGr- NEER's recommendation Nf final payment, also ENGINEER) prefers to accept it. OWNER may do so. CONTRACTOR shall pay all claims, costs. losses and damages attributable to OWNER's evaluation of and determination to accept such dcfe'rive Work (such costs 'o be approved by ENGINEER as to reasonablenes i It any such acceptance occurs prior to ENGINEER'S recommendation of final payment. a Change Order will be issued incorporating the ne.es.ary revisions in the Contract Documeats with respect to the Work: and OWNER shall be entitled to an appropnate decrease in the Contract Price. and, if the parses are unable t,agree as to the amount thereof. OWNER may rake a clam . therefor as provided in Article 11 If the acceptance occurs after such recommenda- tion. an appropriate amount will be paid by CONTRACTOR to OWN ER. OWNER May Co•• ect Defective %lurk: 13.14. If CONTRACIUR fails within a reasonable time after written notice from ENGINEER to correct Jeti c net Work or to remove and replace reiected Work as required by ENGINEER in accordan.:e with paragraph 13 II. if CON- TRACTOR fails to perfo a the Work in accoruance with the Contract Documents. or 'f CONTRACTOR fails to camr:y with any other provision ot the Contract Document' ('WNER mass, after seven days' written noti,.. i. CONTRACTOR. correct and remedy any such deficte.,:y it! exercising the rights and remedies under this a tragrapn OWNER .hall pro- ceed expeditiously In connee',.m w ith such correct : and remedial action. OWNER may exclude CONTRACT. -,E. from all or part of the site. take possession of all or p. rt of the Work. and suspend CONTR.Ar'TOR's services related theta take possession of CONTR.ACIOR's tools. applian..es. construc- tion equipment and machinery at th^ site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTR.-,CTOR hu: which are stored elsewhere. CONTR A(_TOR shall allow OWNER. OWNER's representatives. agents and employees. OWNER's other con- tractors and ENGINEER and ENGINEER's Consult. nits ac- cess to the site to enanle NER to exercise the ri_r,ts and remedies under this Paragraph. All claims. ..osts. losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTP ACTOR and a Change Order wi i he issued incorporating the nev scary revisions in the Contr_ Documents with respect to the Work: and OWNER shall be entitled to an appropnate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article I I. Such claims. c •sts, losses ano damages will include but not be limited to all :osts of repa r or reF•ace- ment of work of others destroyed or damaged by correct on. removal or rt placement of CONTR,CTOR's defective work CONTRA'2TJR shall not be allowed an extension of the Contract limes (or Milesto ,es) occause of am' aelay in the performance of the Work att.' butabte to the exercise by OW' . ER of OWNER's rights and re itedics hereunder. ARTICLE 14 —PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as pros ',Jed in paragraph 2.9 will serve as the basis for progress payments and GC— 37 113 will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on me number of units com- pleted. Application for Progress Payment 14 2. At'•ast twenty days before the date established for each proem payment (but not more often than once a month). CO '. " ACTOR shall submit to ENGINEER for review an Apr ation for Payment filled cut and signed by CON7 RACTOP covenng the Work completed as of the date of the Application a- d accompanied by such supporting documentation a:, is required by (h. Contract Documents. If payment is requested on the `.).tsis of materials and equip- ment not incorporated in the Work but delivered and suitably sto: ed me site or at another locatie n agreed to in writing. the Application for Payment shall e' -o be accompanied by a bill of sale, invoice or other documentation warranting that OWNER has rece:sed the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWN ER's in'erest thereir, all of which will be s:'.isfactory to OWNER. Tim amoun. of ret,,inage with respect to progress payments will be as stipulated in the Agreement. CO.\TRACTOR's War anty of Tide: 14.3. CONTRACIOR warrants and guar'ntees that title to all wort,. 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. Review of Applications for Progress Payment: 14.4. ENGI' F. ER will. within t' -n days after receipt of each Applicatt.'o for Pa i:tent, either indi-ate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writire r NG1NEEr 's reasons for refusing to recom- mend payment the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Prtyment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will b. paid by OWNER to CONTRACTOR. 14 5 ENGINEER's recommendation o; any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to O\' r ER,basedonEM.'NcER's on -site observatio' ' of he 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, infor- mation and belief: 14 5.1 the Work has progressed to the point indicated. 14 5 2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning w hole prior to or upon Substantial Completion. to the results of any subsequent tests ca!kd for in the Contract Documents. to a final determination of quantities and classifications for Unit Pnce Work under paragraph 9 10. and to any other quali- fications ,rated in the recommendation). and 14 5.3. the conditions precedent to CONTRAC IUR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive o; :ontinuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigred to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties th•tt might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14 6. ENGINES' 's recommendation or any payment. in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods. techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Wirt. or for any failure of CONTRAC tUR to pert arm or furnish Work in accordance with the Contract Documents. 14 7. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion, it would be incorrect to make the representar,ons to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspections or tests, nullify arty sucn payment previously recommended. to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss becausr: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order. 14 7.3. UWNER has been required to correct defec- trre Work or complete Work it accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account cf CONTRACTORS r.- formance or furnishing of the Work. GC— 38 try 14 7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens. 14.7 7. them are other items entitling OWNER to a set-off against the amount recommended, or 14 7 8. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.7 I through 14.7.3 or paragraphs 15 2.1 through 15.2.4 inclusive: but OWNER must give CONTRACTOR immediate wntten notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN - ER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Corot action. Within a reasonable time thereafter. OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEEE, does not consider the Work sub- stantially complete, ENGINEER will notify CONTRACTOR in wntirz giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certi icate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or c ,rrected before final payment. OWNER shall have seven id... after receipt of the tentative certificate during which to wntten objection to ENGINEER as to any provisions the certificate or attached list. If, after considering suer. objections. ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing. stating the reasons therefor. If, after consideration of OWNER's objections. EN- GINEER considers the Work substantially complete, ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial 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 the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR wntten recommendation as to division of responsibilities pend- ing final payment be, veen OWNER and CONTRACTOR with respect to secunty, operation. safety, maintenance, heat, utili- ties. insurance and warranties and guarantees. Unless OWNER and CON T k ACTOR agree otherwise in writing and so inform ENGINEER in wnting pnor to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14 9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Partial Utilization: 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents. or in) OWNER, ENGINEER a.id CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ference with CONTRAC IOR's performance of the remainder of the Work. may be accomplished poor to Suostantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRAC tOR in wnting to permit OWNER to use any such part of the Work which OWNER believes to be feady for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of :he Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACIUR 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 completior If ENGINEER does not consider that part of the Work to be substantially complete. ENGI- NEER will notify OWNER and CONTRA(; TOR in wnt- ing giving the reasons therefor. If ENGINEER considers that part of the Work to 1,e, substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14 1 1. Upon written notice from CONTRACTOR that the entirr Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all GC— 39 1tS particulars in whit' this inspection reveals that th,- Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to compete such Work or remedy such deficiencies. Find Applicatior. for Payment: 14 12. After CONTR _tR has completed all such tor- tcctions to the satisfactict ,. ENGINEER and delivered in accordance with the Conti ocu.nen.s all mai•"'enance and or 'acing instructions. schedui_s, guarantees, Bonds. certifi- es: •. or other evidence of insurance required by paragraph 5.4, certificates of inspection. marked -up record do..,iments (as pros idea in paragraph 6.19) and othei dos uments. t )NTR �C- TOR may make aptlication for final payment foi; •- Inc the procaiure for prog•ess payments. The FnA Application for Payment shall be anco; ipanied (except as previously delivered) by. (i) all do-umentation _alleJ for in the Contract Documents, including'out no: limited to the evidence of insurance required by .ubparagra, ^ 5 4.13, (ii) consent of the surety, if any, to final payment. and . i complete and leE.ally effective releases or waivers (satistn ,,ry to OWNE? , of all Liens arising out of or filed in conned to woh the Wank. In lieu of such releases or waivers of Li:'•: and as approved by OWNER. CONTPAC- TOR may ' it ni. , re_eipts c, releases in full and an affidavit of CONTRA -TOR that: (t) the releases and receipts include all lator, set, i.es, matenal an. equipmcn; fo, which a Lien could be filet, a„d (ii) all payrolls, material ant' equipment bills and otherinde:nednesscannectcds ith the Wrk for which OWN ER 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 cr '.•;her collateral sars- facto y to OWNER to indemnify OWN.: against any Lien. Fina, Pcyment and Acceptance: 14 13. If, on the basis of ENGINEER's observation of the Work luring construction and final ;nspection, and ENGi- NEEl. s review of .he final Application for Paymen. and accompanying documentation as squired by the Cc'ttract Documents, ENGINEER. is satisfied that the r not. has beer. completed and CONTRACTOR's other obltgati:ns under the Contract Document; have been fulfilled, ENGINEER will, wuhrc ten days after receipt of the final Arplication for Payrn.-rit, indicate in wnting ENGiN'_':'R's recommendation of pavrnrn: and presen: the Appi, -Lao. to OWNER for pay- ment At trie same time ENGIN. ER will also give written., notice to OWNER and CONTRACTOR t:.at the Work is 'eptab;e subject to the provision • of raragraph 14.15. Oth- e-. ise, ENGINEER will return the -vpplicanon to CON- TRACIJR. indicating in writing the reasons fir refusing tc recommend f nal payment, in which case CONTRACTOR stall make the ne_essa-, corrections and resubmit the Applicatr. n. Thirty days afte,- the presentation to OWNER of the Applica- tion and accompanying dc•_umentaton, in appropriate form and substance and with ENGINEER'S ,ecommends.,:on and notice of accentabiiiiy. the amount recommended by ENGI- NEER will become due and will be paid by OWNER to CONTRACTOR. 1 i 14. If, through no fault of CONTRACTOR. final com- pletion of the Work is signriicantly delayed and if ENGINEER so confirms, OWNER shall, upon receipt a( 'NTRACTOR's final Application for Payment and recommera anon of ENGI NEER, and withou' terminating the Agreement, make pay- ment of the balance due for that portion o; the Work furly completer an'! r : -pied. If the remaining balance to be held by OWNER f .r Aiwa not fully completed or corrected is less than the refs nage sti..ulated r., the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written con- sent of the surety to the payment of the balance due for tt.'it portion of the Work fully complete.' and accepted shall tie submitted by CONTRACTOR to ENGINEER with the .Appli- cation for such payment. Such payment shall be trade under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15 I. a waiver of all claims by OWNER against CONTRAC: IOR, except claims arising from unsett 'd Liens, from defective Work appearing after fins. lost. eti•in pursu- ant to paragraph 14.11, fror- failure to comply with the Contract Documents or the teems of any special guarantees specified therein, or from CONTRACI`)R's continuiri ob- liaations ...rider the Contract Documents; and ;4.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previousl- made in wr"tng acid still unsettled. ARTICLE 15 —SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Wort 15.1. At any time and without cause, OWNER may sus- pend the Work or any portion thereof fora period of not more than ninety drys by notice in writing to CONTRACTOR and ENGINEER which will fix ire date on which Work will be resumed. r: ONTRAC ,P, shall resume the Work on the date so fixed. CONTRACTOr 'hall be allowed an adjustment in the Contract rice or an extension of the . ontract Times, or both, directly attributable to any such suspension if CONTRJ,C. IUR makes an approved claim the -:`or as provided in Articles 11 and 12. OWN£': May Tenwrnate: 15.2. Upon the occurrence of any one or more of the following (-vents: I Ito GC 4,2 - 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.61; 15.2.2. if CONTRACTOR disregards Laws or Regula- tions of any public body having junsdretion; 15.2.2. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any,) seven days written notice and to the extent permit- ted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possessio,i of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CON TRACTOR for trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOF but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER ansing out of or resulting from corn; leting the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and dam- ages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so ter- minated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15 4. Upon :,even days' written notice to CONTRACTOR and ENGINEER, OWNER may. without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case. CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained pnor to the effect.ve date of termination in performing services and furnishing labor, matenals or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors. Suppliers and others: and 15.4.4. for reasonable expenses directly attnbutable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss ansing out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a penod of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally 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 tine, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15 4. In lieu of terminating the Agreement and without prejudice to any other ngh, or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due. CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACWR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR f,om making claim under Articles 11 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. If and to the ex that OWNER and TRACTOR have agreed on the meth .• •.d proved for resolving disputes between them that may • nder this Agreement. such disput" "esolution met • • • pr• . • ure, if any, shall be as set forth in Exhibit GC- 'spute Reso • ' n Agreement." to be attached hereto made a part hereof. 1 , such agreement on the me - : and procedure for resolving suc •'sputes has been - hed, and subject to the provisions of paragra• • 9.10, and 9.12. OWNER and CONTRACTOR may exe GC— 41 1t7 Contract Documents o ARTICLE 17 —MISCELLANEOUS Gong ,s'ohce: 17 I 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. Computation of Times -- 17 2 I When any period of time is rtferred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a dai made a legal holiday by the law •f the applicable jurisdiction, su,,h day will be omitted from the computation. 17.2.2. A calendar day of twenty-four hours measured from midnigrit to the next midnight will constitut^ a day. N&.we of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or prope r.y because of any error, ornhsion or act of the other party or of any of the other party's employees or agents or others for whose a.' the other party is legally liable. claim will be ;lade in wntins to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Cumulative Remedies: 17 4 The duties and obligations imposed by these General Cora eons and the nghts and remedies available hereunder to the parties hereto. and, in particular but without limitation, the warranties. guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12. 6.16. 6.30. 6 31, 6 3=. 13 1. 13.12. 13.14. 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder. are in addition to. and are not to be constried in any way as a limitation of, any rights and remedies avaiia` le to any or all of them which are otherwise imposed or asa,;Jble by Laws or Regulations. by special warranty or guarar tee or by o ier provisions of the Ccntra.:t Documents, and Inc provision' of this paragraph will be as effective as if repeated specifics',!' in the Contract Documents ii. connection with each particular duty, obligation, right and remedy to which they aoply Professional Fees an, Court Cost Included. 17.5. Whenever reference is made to "claims, costs. :asses and damages," it shah inclu le in each case. but not be limited to, all tees and char' s of engineers. archit:cts. attorneys and other professionals and all couror arbitration or other dispute resolutr .t costs. [The remainder of this page was left blank intention.Jly.) GC— 42 \I'3 Supplementary Conditions ,sc SUPPLEMENTARY CONDITIONS 1. SUBCONTRACTORS AND PRINCIPAL MATERIAL MANUFACTURERS The apparent low bidder, and such other bidders as Owner may request in writing, shall submit to Owner a list of all subcontractors and other persons and organizations (including those who are to furnish the principal items of materials and equipment) proposed for any portion of this Project in conformance with the "Instructions to Bidders." When this list is approved, no deviations shall be allowed from that list without the written consent of the Engineer. 2. INSURANCE All insurance to be provided shall be issued by an insurance company with a Bests's A+ rating or better, licensed to do business in Florida and be issued as a primary policy. 2.1 Public Liability and Property Damage Insurance The Contractor shall take out and maintain during the life of this Contract such Public Liability and Property Damage Insurance as shall protect him and any subcontractor performing work covered by this Contract from claims for damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from operations under this Contract, whether such operations be by himself or by any subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall be as follows: Comprehensive General Liability with minimum limits of Three Million Dollars ($3,000,000) per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Automobile Liability with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit for Bodily Injury Liability and Property Damage. 2.2 Workman's Compensation Insurance The Contractor shall obtain and maintain during the life of this Contract, Workmen's Compensation Insurance as provided by the laws of the State of Florida and shall require all subcontractors to provide the same. 4072-00C.SPC/67P/111494 SC -1 ZO The Contractor shall comply in all respects with all Federal, State, and Local safety and health regulations. Copies of the Federal regulations may be obtained from the U.S. Department of Labor, Occupation Safety and Health Administration (OSHA), Washington, D.C. 20210 or their regional offices. 2.3 Contingent Liability The above policies for Public Liability and Property Damage Insurance and Workmen's Compensation Insurance must be so written as to include Contingent Liability and Contingent Property Damage Insurance to protect the Contractor against claims arising from the operations of subcontractors. All insurance policies required herein shall contain a provision whereby the company executing the same shall obligate itself to notify the Engineer in writing, at least fifteen (15) days before any alteration, modification or cancellation of such policies becomes effective. Special hazards such as, but not limited to, explosion, collapse and underground shall be covered by rider or riders to the Comprehensive General Liability Insurance Policy or Policies herein required to be furnished by the Contractor to provide coverage for all the types and conditions of construction necessary to be performed under this Contract. 2.4 Additional Insured Village of Key Biscayne is to be expressly included as an "Additional Insured" with respect to liability arising out of operations performed for the Village of Key Biscayne or on behalf of Contractor or acts or omissions of Village of Key Biscayne in connections with general supervision of such operation. A Certificate of Insurance, evidence and proof of payment, shall be delivered to Owner. 2.5 Expiration of Insurance If the initial insurance expires prior to the completion of the work, renewal copies of policies shall be furnished 30 days prior to the date of their expiration. Notice of Cancellation and/or Restriction - the policy(ies) must be endorsed to provide the Village of Key Biscayne with 30 days notice of cancellation and/or restriction. 3. RESIDENT PROJECT REPRESENTATIVE A Resident Project Representative will be assigned to assist Engineer in carrying out his responsibilities. The duties, responsibilities and limitations of authority of the Resident Project Representative are set forth in Exhibit "B" included in these Supplementary Conditions. 4072-00C.SPC/67P/111494 SC -2 4. ESTIMATED QUANTITIES The quantities stipulated in the proposal for various items are approximate only and subject to increase, decrease or deletion in order to make them conform to the program of work selected and actual construction performed. The Contractor shall perform a complete and finished job of the scope designated in the award whether the final quantities are more or less than those estimated. 5. DELETIONS AND MODIFICATIONS TO THE GENERAL CONDITIONS 5.1 Article 10 - Changes in the Work - The Engineer may authorize an increase or decrease to the quantity of work without involving an adjustment to the unit price of an item provided the change is no more than 20% of the original quantity and is consistent with the overall intent of the contract plans and documents. This will be considered a minor change. 5.2 Article 11 - Change of Contract Price - Minor changes to the contract quantities will not require Owner's approval when authorized in writing by the Engineer. The final Change Order shall include an itemized list, with documentation by the Engineer, of such minor changes to the contract quantities. 5.3 Article 13.3 - Tests and Inspections - Add the following to the end of this Article: "Twenty four (24) hour (minimum) notification from the Contractor to the Engineer shall be given for all inspections, tests, and approvals. 5.4 Article 16 - Dispute Resolution Delete this Article in its entirety and substitute the following: "All claims, disputes and other matters in question between Owner and Contractor arising out of, or relating to, this Contract or the breach thereof, except for claims which have been waived by Article 14.15, shall be subject to litigation by the parties. 6. UTILITIES 6.1 Notification/Responsibilities The Contractor shall notify each utility company two weeks prior to the start of construction to arrange for positive underground location, relocation, or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Moving any watermains or utilities solely for the convenience of the Contractor shall be paid for by the Contractor. All charges by utility companies for temporary support of its utilities shall be paid for by the Contractor. All costs of permanent utility relocations to avoid conflict shall be the responsibility of the Contractor and the utility company involved. No additional payment will be made for any form of utility relocation, whether or not said 1 1 2- 4072-00C.SPC/67P/111494 SC -3 relocation is necessitated by this project to avoid conflict therewith. Any temporary support of utility poles or underground ducts will be reimbursed from the allowance account. 6.2 Verification All underground information is shown on the Plans to the extent and is as complete and accurate as can be determined from existing records. It shall be the Contractor's responsibility to verify the known locations. He shall fully understand that certain structures may not be located precisely as shown, or may be omitted entirely. The positions of certain structures and utilities directly affects the proposed construction. Therefore, in order to ensure that the proposed work can actually be positioned as planned, the Contractor shall make any excavation necessary for location of structures and utilities prior to construction of that particular portion of the project. All overhead, surface, or underground structures and utilities encountered in trenching, whether shown on the Plans or not shown on the Plans, are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired with a reasonable time; needless delay will not be tolerated. The Owner reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the Contractor. All such repairs made by the Contractor are to be made to the satisfaction of the Utility Owner; all damaged utilities must be replaced or prevented from leaking. All repairs are to be inspected by the Utility Owner prior to backfilling. See Water Specifications Paragraph 6.00.3 regarding watermain verification, relocation and payment. 6.3 Maintenance of Existing Utility Services 6.3.1 General: The Contractor shall fully cooperate at all times with the Owner in order to maintain utility service with the least amount of interference and interruption possible. Public health and safety considerations shall exceed all others and the Contractor's schedule, plan, and work shall at all times be subject to alteration and revision if necessary for public health and safety considerations. The creation of a public nuisance will not be permitted. 4072-00C.SPC/67P/111494 I SC -4 6.3.2 It may become necessary for the Contractor to interrupt water and sewer service to the existing buildings. In all cases the Contractor shall prepare and submit to the Engineer, 48 hours prior to commencing the work, a complete description of his proposed procedure and a time schedule which he will guarantee. Twenty-four (24) hours prior to the time proposed for starting the work the Contractor will be notified whether or not the work will be permitted as proposed. 6.3.3 In no case will the Contractor be permitted to interfere with any existing service until all materials, supplies, equipment, tools and incidentals necessary to complete the work are on the job site. 6.3.4 The Engineer and the Owner reserve the right to require the Contractor to work twenty-four (24) hours per day in all cases where the interference with existing water and sewer service may result in health hazards, offensive conditions, or serious inconveniences to persons served by the system. 6.3.5 Miami -Dade Water and Sewer Department (WASD) will be responsible for maintaining the existing watermains including service connections. Any adjustment to any watermains or repair of broken watermains will be handled by WASD. The cost will be assessed to the Contractor. Any approved relocation replacement of watermains will be reimbursed to the Contractor through the allowance account. Any cost of adjustment or repair to the water service connections shall be paid for by the Contractor and not reimbursed by the Owner. The Contractor shall replace sanitary sewer laterals in -kind or with approved WASD materials and construction methods at his own expense. No reimbursement for sanitary sewer laterals will be paid for by the Owner. 7. CONSTRUCTION SCHEDULE The Contractor shall submit a construction schedule to the Engineer at the pre -construction meeting. Following receipt of Notice to Proceed with the work, the Contractor shall notify the Engineer at least five days before he is ready to start actual construction, to allow the WASD time to make arrangement for inspection of the work. Valves between the existing Water and Sewer Department's water and sewer systems and new work being installed hereunder, shall only be operated by WASD personnel. The Contractor's personnel shall not, under any circumstance, operate any such valve. 4072-00C.SPC/67P/111494 1 ZLk SC -5 The general sequence of construction shall be decided by the Contractor with the approval of the Engineer. The only requirement being that the points of beginning will be existing mains of sufficient size so that water will be available for flushing, testing and disinfecting as the installation progresses. Connection to the existing main shall be in accordance with Section 6.13, "Connections to Existing Systems" of the Water Specifications. The installation, testing and disinfection of valves, fire hydrants and services shall be performed in conjunction with the installation, testing and disinfection of the mains as the work progresses. When any last section of main is being connected, the flushing shall be through a riser and after the flow clears, the water in the trench shall be lowered below the water main before the riser is removed and the connection is made. Testing and disinfecting shall follow the flushing as soon as possible. Each section of main shall be thoroughly flushed to the Engineer's satisfaction prior to testing and chlorination. Cleanup, property restoration and paving repairs shall follow as close behind the installation of the mains as possible, followed by a final inspection and cleanup when all other work is completed. When there is no place within the Project where large volumes of water may be disposed of for any extended period of time, the main shall be flushed through a riser into the open trench ahead as soon after each valve is installed as possible. When the water runs clear, the valve shall be closed to keep dirty water in the trench from getting into the flushed main. The Contractor shall be responsible for positively anchoring the pipe, valves and fittings against movement from internal test pressure by installing thrust blocks, restrained joints, bulkheads, ties, external blocking and bracing or other devices where required, or by installing sufficient pipe beyond the end valve to serve as the thrust anchor for the section under test. Valves located in adjacent mains, connecting to new work being installed hereunder, shall be operated only by WASD personnel. The Contractor's personnel, under no circumstances, shall operate any such valve. In performing the work in the above described sequence, all requirements of the Specifications shall be strictly followed, particularly those pertaining to leakage tests, chlorination, bacteriological tests, prompt paving repairs and cleanup as the work progresses. 4072-00C.SPC/67P/111494 \Z5 SC -6 8. U.S. DEPARTMENT OF TRANSPORTATION MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES Any work that requires traffic control shall conform with the following documents: 8.1. U.S. Department of Transportation - Federal Highway Administration - Manual on Uniform Traffic Control Devices (M.U.T.C.D.), December 1988. 8.2. Florida Department of Transportation Manual on Traffic Control and State Practices (current edition). 9. SITE CONDITIONS The Bidder shall make his own independent investigation, at no cost to the Owner, and secure his own tests for the purpose of forming his own conclusions as to the subsurface and ground conditions of the site including the quantity and quality of the materials to be encountered and the difficulties to be encountered and shall determine to his own satisfaction the character and extent of equipment and facilities needed. Failure to do so shall not relieve the Contractor from his responsibility to complete all construction in accordance with the Plans and Specifications at the Contract Price(s). The Contractor's attention is directed to the subsurface soil conditions which may be encountered. Soil borings made within the limits of the proposed construction and included at the end of the Specifications are for the convenience of the Contractor. 10. DEFINITIONS 10.1 Calendar Dav - Every day shown on the calendar. 10.2 Work Dav - A Calendar day, exclusive of Sundays, State and City recognized legal holidays, on which weather and other conditions not under the control of the Contractor, will permit construction operations to proceed for the major part of the day on the principal item or items of work which would normally be in progress at that time. 11. NOISE ABATEMENT Noise abatement shall follow the guidelines as set forth in Village of Key Biscayne Ordinance No. 93-16 - Establishing Prohibitions Against Excessive Noise, attached as Exhibit "A". 4072-00C.SPC/67P/111494 1ur SC -7 12. LINE AND GRADE The Owner has provided vertical control for layout of the work in the form of bench marks located adjacent to the work. From these bench marks, and from horizontal controls provided by the Owner, the Contractor shall develop and make all detail surveys needed for establishing easement and rights -of -way limits for the work. A representative of the Contractor shall constantly monitor all working points to see that true line and grade is maintained and shall, upon notification by the Engineer, immediately check any working point suspected of being erroneous. Should the Contractor fail or refuse to make a requested check, the Engineer may do so and deduct the cost thereof from monies due the Contractor. The Contractor shall construct the project to the lines and dimensions shown on the Plans. Where deviation from the Plans is necessary for any reason whatsoever, the Engineer shall be notified of said deviation and shall approve same in writing prior to the work being done. The Contractor will be charged for any survey work required due to his failure to properly maintain the line and bench marks previously furnished. The Contractor will also be charged for any additional or extra survey work stated above to be furnished (without charge) by the Owner. Charges for survey work will be based on the actual per hour cost of a 4 -man Owner survey crew times the number of hours the crew works on the Project, plus one additional hour travel time. These charges will be deducted from the compensation otherwise to be paid to the Contractor including partial payments as defined in the General Conditions. 13. PROTECTION AND RESTORATION OF SURVEY MONUMENTS The Contractor shall be responsible for protecting and restoring all land and property corners, such as section corners, 1/4 section corners, property corners or block control points, and for maintaining all horizontal and vertical control points. All surveying work shall be the responsibility of the Contractor and shall be performed under the supervision of a Florida Registered Land Surveyor. Survey points that may be destroyed during construction shall be properly referenced and replaced at the Contractor's expense with permanent monuments approved by the Engineer. If Florida Department of Environmental Protection (FDEP) monuments are encountered and are within the limits of construction, the FDEP shall be notified at (904) 487-4478. Restoration of disturbed FDEP monuments shall be done under the direction and control of FDEP personnel. 14. EQUIPMENT All equipment necessary and required for the proper maintenance work of this project shall be in first-class working condition, and shall have been approved by the Engineer before maintenance is permitted to begin. 4072-00C.SPC/67P/111494 SC -8 1ZZ 15. STORAGE SITES The Contractor shall be responsible for furnishing suitable areas for field offices, material storage and equipment service and storage. The location(s) shall be approved by the Owner. The Contractor shall maintain these areas in a clean, orderly condition so as not to cause a nuisance in the area. The Contractor shall restore the storage area to its original or better condition, with all its appurtenances, in kind, to the satisfaction of the Engineer. 16. LUMP SUM BID ITEMS Some bid items will be bid on a lump sum price. It will be the responsibility of the Contractor to supply the Owner and Engineer a detailed price list of each component of these lump sum items at the pre - construction meeting held by the Owner and Engineer after the Contract has been awarded. These detailed price lists will be the basis of any increase or decrease in the original scope of work. 17. HURRICANE AND STORM WARNINGS The Contractor will be required to removal all materials from the job site or provide safe storage for the same, that may be blown about or become a hazard during a hurricane or windstorm. Contractor shall also take necessary precautions to remove bulkheads, dams, or other structures blocking drains in the event of flooding conditions. No extra pay will be allowed for this work. 18. DUST PREVENTION The Contractor shall, by means of a water spray, or temporary asphalt pavement, take all necessary precautions to prevent or abate a dust nuisance arising from dry weather or work in an incomplete stage. All costs of this work shall be included in the cost of other parts of the work. 19. POWER The Contractor shall furnish all electrical or other power required for construction, testing, and trial operation prior to final acceptance by Owner. 20. AGREEMENTS WITH PROPERTY OWNERS The Contractor will not use or store any materials on public or private property without written permission of the property owner. Also, the Owner shall require from the Contractor a copy of any and all agreements made by the Contractor with private property owners regarding storage of materials on their property. 4072-00C.SPC/67P/111494 SC -9 1Zj 21. DAMAGE TO PUBLIC OR PRIVATE PROPERTY If, during construction, the Contractor causes any damage or aggravates an existing condition on public or private property, he shall be held responsible for complete replacement and/or restoration of those items in question. If any of the items below are disturbed or any damage done to existing structures, pavement, meter posts, driveways, markers, street and traffic signs, paved areas, curbs and gutters, sidewalks, shrubbery, grass, trees, utility poles, utility pipe lines, conduits, drains, traffic and street light standards and foundations, roof drains, benches, meter boxes, striping, catch basins, flagstones, rocked, graveled or stabilized areas or driveways and including all obstructions not specifically named herein, shall be repaired in a manner satisfactory to the Engineer. The Contractor shall be fully responsible for maintaining in good condition all cultivated grass plots, trees and shrubs. Where maintained shrubbery, grass strips or area must be removed or destroyed incident to the construction operation, the Contractor shall, after completion of such work, or as directed by the Engineer, replace or restore to the original condition all destroyed or damaged shrubbery or grass areas. Tree limbs which interfere with equipment operation and are approved for pruning shall be neatly trimmed and the tree cut coated with a tree paint. 22. DAMAGES FOR DELAY No claim for damages or any claim other than for an extension of time shall be made or asserted against the Village of Key Biscayne by reason of any delays. The Contractor shall not be entitled to an increase in the Contract Sum or payment or compensation of any kind from the Village of Key Biscayne for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference or hinderance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, forseeable or unforseeable, or avoidable or unavoidable. Otherwise, the Contractor shall be entitled only to extensions of the Contract Time as the sole exclusive remedy for such resulting delay. 23. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH ACT By the submission of its Bid, Bidder certifies that all material, equipment, etc. contained in his bid meets all Occupational Safety and Health Act (OSHA) requirements. Bidder further certifies that if he is the successful Bidder, and any of the material, equipment, etc. delivered is subsequently found to be deficient of any OSHA requirement in effect on date of delivery, all costs necessary to bring the material, equipment, etc. into compliance with the aforementioned requirements shall be borne by the Bidder. Furthermore, in compliance with Chapter 422, Florida Statutes, any item delivered from a contract resulting from this Bid must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must include the following information: 4072-00C.SPC/67P/111494 SC -10 IZq 23.1 The chemical name and common name of the toxic substance. 23.2 The hazards or other risks in the use of the toxic substances including: (a) The potential for fire, explosion, corrosively and reactivity. (b) The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance. (c) The primary routes of entry and symptoms of overexposure. 23.3 The proper precautions, handling practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of overexposure. 23.4 The emergency procedure for spills, fire, disposal and first aid. 23.5 A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 23.6 The year and month, if available, that the information was compiled and the name, address and emergency telephone number of the manufacturer responsible for preparing the information. 24. PUBLIC ENTITY CRIMES STATUTE Each Bidder must carefully review the Public Entity Crimes Statute (Florida Statutes, Section 287.133(3)(a)). This statute mandates that all Bidders who transact business in excess of Ten Thousand Dollars ($10,000.00) with any public entity in Florida must submit a sworn statement that its officers have not been convicted of a public entity crime after July 1, 1989. Each Bid shall include a sworn statement as required hereinabove and same shall be furnished on the form as enclosed as Exhibit "C". 25. CHRISTMAS HOLIDAY No work will be permitted on the project during the Christmas holiday period. The Christmas holiday period will be defined as the time from and including Sunday, December 18, 1994, to and including Monday, January 2, 1995. 4072-00C.SPC/67P/111494 SC -11 130 26. LICENSES AND PERMITS 26.1 Certificate of Competency It is the Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency, valid for the work to be performed and valid for the jurisdiction in which the work is to be performed for all persons working on the project for whom a Certificate of Competency is required. 26.2 Required Permits - The permits required to be obtained are: • Florida Department of Environmental Protection Class 5 Well Permit • Right -of -Way Permit - Village of Key Biscayne - fee for permit is waived 26.3 Required License - Dade County Engineering Contractor License in accordance with Chapter 10-3, Dade County Code, or State equivalent license. The Contractor will be responsible to verify that additional permits and licenses are not required. The Contractor will be responsible for any and all costs of the remaining permits. Before the Contract is executed the Contractor must show evidence that he holds a valid license issued within the State of Florida and that the Contractor meets Dade County qualifications for the type of work to e performed under the Contract. No payment will be made to the Contractor unless all subcontractors have furnished proof to the Village of Key Biscayne that said subcontractors hold a valid license issued within the State of Florida, and that they meet Dade County qualifications for the type of work to be performed under the Contract. 27. EQUAL EMPLOYMENT OPPORTUNITY 27.1 Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin, or physical or mental handicap; if qualified. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, color, sex or national origin, or physical or mental handicap. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. 4072-00C.SPC/67P/111494 SC -12 27.2 The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 27.3 Contractor further agrees that he/she will ensure that subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. 28. VIDEO RECORD The Contractor shall be required to make a video record of the construction to ensure that all pre -construction conditions are recorded and that all construction activities are recorded. In addition, all post construction shall be recorded to ensure that all residential restoration meets pre -construction conditions. One copy shall be delivered to Owner within 30 days of completion of project. 29. CONTRACTOR WORK HOURS The allowable time the Contractor can work is outlined in the Village of Key Biscayne Noise Ordinance (Exhibit "A"). However, for this Contract the Village will limit weekend work hours as follows: Saturday - 8 a.m. to 12 noon Sunday - No Work These work hours shall be observed for weekends unless written permission is granted by the Village of Key Biscayne. 30. SHOP DRAWINGS The Contractor shall submit five copies of all shop drawings for review and approval. Two copies of the approved shop drawings will be returned to the Contractor, unless otherwise requested. Shop drawings shall be submitted for all materials and equipment to be furnished and, in general, shall cover such items as catch basins, manholes, pipe laying schedules, valves, pipe and fittings, including details of restrained joints, pipe joints, gaskets and test certificates, and reinforcing steel. Prior to submission, the Contractor shall thoroughly check such drawings, satisfying himself that they meet the requirements of the Plans and Specifications and that they are coordinated with the arrangements set forth on other shop drawings, and shall place on them the date of his approval and his signature. Where items for which shop drawings are submitted are to meet special conditions listed in the detailed specifications, the conditions shall be so noted on the drawing. Where there is a deviation from the Specifications, the Contractor shall note it and state the reason why a deviation is required. 4072-00C.SPC/67P/111494 SC -13 13Z The approval of drawings and data will be general, and shall mean that upon examination of the drawings, no variations from the Contract requirements have been discovered, and approval will not relieve the Contractor of his responsibilities as defined under the Contract. 31. FAILED TESTS The cost of any required tests which the Contractor fails shall be paid for by the Contractor. The cost of the failed test will be deducted from each monthly request for payment by the Contractor. 4072-00C.SPC/67P/111494 SC -14 133 Exhibit "A" Village of Key Biscayne Ordinance 93-16 Establishing Prohibitions Against Excessive Noise 134 SUPPLEMENTARY CONDITIONS EXHIBIT "A" ORDINANCE NO. 93-16 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE NOISE; PROVIDING FOR DEFINITIONS; ESTABLISHING PROHIBITED ACTS; REQUIRING PERMITS FOR SPECIAL EVENTS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATION; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, Section 8.03 of the Village Charter incorporates all code provisions, ordinances and resolutions contained in the Code of Metropolitan Dade County (the "County Code") on the date of the adoption of the Village Charter; and WHEREAS, this Council wants to repeal any conflicting provisions of the County Code pertaining to excessive noise, and establish its own definitions and prohibitions against excessive noise, as well as enforcement and penalties for violations; and WHEREAS, it is in the public interest of the residents of the Village to regulate excessive noise; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Code of the Village of.Key Biscayne is hereby amended by adding a new chapter which shall read as follows: CHAPTER . NOISE Sec. 1. Prohibition. It shall be unlawful for any person to make, continue or cause to be made or continued any loud, excessive, unnecessary or unusual noise. For purposes of this chapter, the word "noise" shall mean any sound in quantities which are or may be potentially 1 S Exhibit "A" Page 1 of 8 harmful or injurious to human health or welfare, or which unnecessarily interferes with the enjoyment of life or property, including outdoor recreation, of a reasonable person with normal sensitivities. Sec. 2. Definitions. The following words, terms and phrases when used in this chapter shall have the mer.ning ascribed to them in this section, except where the context clearly indicates a different meaning: a. Alarm. Any fire, burglary, motor vehicle, motorboat or civil defense alarm, whistle or similar stationary emergency signaling device. b. Construction, Any site preparation, assembly, erection, substantial repair, alteration, demolition or similar action, of public or private rights -of -way, structures, utilities or similar property. c. Emercencv. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention. d. Holidays. In addition to Sundays, those days declared by the laws of the State to be legal holidays, including New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day and Christmas Day. e. Motor Vehicle. A two or more wheel vehicle, or machine, propelled or drawn by mechanical power, gas or diesel, and used on the public roads and highways in the transportation of people or property. f. Motorboat. Any vessel which is propelled or powered by machinery and which is used or capable of being used as a means of transportation on water. Sec. 3. Prohibited Acts. The following acts are declared to be loud, excessive, unnecessary, or unusual noises in violation of this Chapter: a. Excessive Noise. Any noise which is hazardous to public health, welfare, safety or the quality of life within the limits of the Village or of such character, intensity or duration which disturbs the public peace and welfare. 2 Exhibit "A" Page 2 of 8 136 b. Horns, Signaling Devices, etc. The sounding of any horn or signaling device on any Motor Vehicle or Motorboat on any street or place in the Village, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time. c. Radios, Televisions, Phonographs, Musical Instruments, etc. The using, operating, playing, or permitting to be played, used or operated any radio, television, phonograph, musical instrument, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, Motor Vehicle, Motorboat or area in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such radio, television, phonograph, musical instrument or other machine or device between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and 12:00 a.m. and 8:00 a.m. on weekends and Holidays in such a manner as to be plainly audible at a distance of 100 feet from the building, structure, Motor Vehicle, or Motorboat in which it is located shall be prima facie evidence of a violation of this Chapter. d. Animals, Birds, etc. The owning, possessing or harboring of any animal or bird which causes, between the hours of 11:00 p.m. and 7:00 a.m., frequent or continued noise which is plainly audible at a distance of 100 feet from the building or structure in which the animal or bird is located. e. Exhausts. The discharge into the open air of the exhaust of 'any engine, stationary internal combustion engine, Motor Vehicle or Motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. f. Construction. The creation of a loud or excessive noise in connection with the conducting of Construction between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 8:00 a.m. on weekends and Holidays, except for Emergency work. 3 Exhibit "A" Page 3 of 8 137 g. Firearms or Explosives. The use or firing of any explosives, firearms or similar devices, except in an Emergency, or using or firing firecrackers, skyrockets or the like without the prior approval of the Village Manager. h. Loudspeaker or Sound Amplifier. The using or operating of any loudspeaker, loudspeaker system, sound amplifier or other similar device between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and 12:00 a.m. and 8:00 a.m. on weekends and Holidays, such that the sound therefrom is plainly audible at a distance of 100 feet from the building, structure, Motor Vehicle or Motorboat in which it is located; provided, however, that this shall not apply to any public performance, gathering or parade for which a permit has been obtained from the Village Manager pursuant to Section 4 of this Chapter. i. Loading or Unloading. The creation of a loud or excessive noise in connection with the loading, unloading, opening, closing or other handling of boxes, crates, containers, refuse cans or other objects between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 8:00 a.m. on weekends and Holidays. j. Commercial Maintenance Equipment. The use of commercial maintenance equipment which creates a loud er excessive noise in connection with the operation of said equipment within 100 feet of any residential area between 7:00 p.m. and 7:00 a.m. weekdays and 7:00 p.m. and 8:00 a.m. weekends and Holidays. k. Defect in Moto; Vehicle or Motorboat. The use of any Motor Vehicle or Motorboat so out of repair, so loaded or in such a manner as to create loud or unnecessary grating, grinding, rattling or other noise. 1. Hawkers/Peddlers. The shouting and crying of peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood. m. Schools, Courts, Hospitals, Places of Religious Worship. The creation of any excessive noise on any street or place adjacent to any school, court, hospital or place of religious worship, while the same are in use, which unreasonably interferes with the operation of such 4 1 345 Exhibit "A" Page 4 of 8 institution or which disturbs or unduly annoys the persons within such institutions. n. Aircraft. The use of any mechanical loudspeakers or amplifiers in any moving airplane or any other kind of aircraft, over any part of the Village, for advertising or other purposes. o. open Air Concerts, Musical Broadcasts. etc. The playing, broadcasting or transmitting of music in such a manner as would reasonably be calculated to attract a crowd or cause persons to congregate in or on any open space, lot, yard, park, sidewalk or street, or to permit the same to occur on or from any property owned, leased or occupied by said person(s) without first having obtained a permit to do so as provided in section 4 of this Chapter; except no permit shall be required of any person(s) in order to engage in such activity within the residential property wherein such person(s) resides. Sec. 4. Permits for Special Events. Upon written application to the Village Manager or his or her designee submitted a minimum of ten days prior to an event at which noise levels are expected to violate this Chapter, the prohibitions or hour restrictions contained herein may be modified subject to such conditions as the village Manager may impose. The decision of the Village Manager shall be final and not subject to appeal. a. Permit Application Information. The application for a permit under this section shall contain the following information: (1) The name, date of birth, address and telephone number of the person who will be in charge of the activity or event for which a permit is requested; (2) The name of the person or entity seeking the permit; (3) The exact date and time for which the permit is sought; and (4) The exact location of the activity or event for which a permit is requested. (5) A description of the activity or event for which a permit is requested. 5 Exhibit "A" Page 5 of 8 131 b. Permit Contents, Time Restrictions. Permits issued under this section shall specify the date and time during which the activity or event authorized by permit may be conducted. No permit shall be issued which encompasses more than one calendar day, or a span of hours in excess of eight hours; nor shall the requested activity or event commence or continue beyond the hour of 11:00 p.m. in any case. c. Procedures for Administrative Permits. The Village Manager is hereby authorized to promulgate reasonable rules and procedures for the application, issuance and revocation of such permits. d. Criteria for Permit Issuancet_ Posting of Bond. Issuance of a permit under this section shall be based on a determination by the Village Manager or his or her designee that the activity or event for which a permit is requested does not constitute a threat to public safety; constitute a danger or impediment to the normal flow of traffic; or constitute a potential disturbance of the peace and quiet of persons outside the premises where the activity or event is located. The Village Manager or his or her designee may require that a bond be posted in an amount sufficient to secure the costs of cleanup, repair or replacement of damage or destruction of property and shall be subject to forfeiture for purposes of paying any such costs. e. Person Designated As Being In Charge To Be Present. The person designated in the permit application required in this section as being the person in charge of the activity or event for which the permit is sought must remain at the location of said activity or event during the entire time stated in the permit. It shall be unlawful and a violation of this section for said designated person in charge to fail to remain in attendance at the location of -the activity or event authorized by the permit for the entire time specified in the permit. Sec. 5. Exemptions. The terms and prohibitions of this Chapter shall not be applied to or enforced against: a. Any Motor Vehicle, Motorboat or other vehicle of the Village, the County, the State or licensed public utility vehicle within the village while 6 Exhibit "A" Page 6 of 8 1+4o engaged in necessary public business. b. Excavation or repairs of bridges, streets, highways, street lights or utilities, by or on behalf of the Village, the County, or the State, or performance of such work during the night if the public welfare and convenience renders it impossible to perform such work during the day. c. A reasonable use of amplifiers or loud- speakers in the course of public addresses or gatherings which are non-commercial in character; noise generated in the course of a special activity or event which has obtained a permit pursuant to section 4 of this Chapter; noise generated for the purpose of alerting persons to the existence of an Emergency or noise generated in the performance of Emergency work. Sec. 6. Enforcement. This Chapter shall be enforced by the Village Police Department or any other official of the Village authorized to enforce this Chapter. Sec. 7. Penalties. A Village police officer who finds a violation of this Chapter shall issue a citation to the violator requiring immediate correction of the violation, and shall impose a fine in the amount of $150.00 for which the violator shall be liable. If the violation is not corrected immediately by the violator upon issuance of the citation, the police officer shall issue a second citation and shall impose an additional fine in the amount of $350.00. In the event that the violation continues after issuance of the second citation to the violator, the violation shall constitute a public nuisance and may subject the violator to arrest pursuant to State law. Section 2. Repeal of Conflicting Provisions. That any conflicting provisions, ordinances or resolutions of the County Code, as made applicable to the Village by Section 8.03 of the village Charter, are hereby repealed in their entirety. Section 3, Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the 7 Exhibit "A" Page 7 of 8 validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4, Inclusion in the Code. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Key Biscayne, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this 14th day of September , 1993. PASSED AND ADOPTED on second reading this 28th day of September , 1993. ATTEST: 1 RAFAEL H. CONTE, MAYOR GUIDO H.INGUANZO, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD JAY WEISS, VILLAGE ATTORNEY lad\keyolsca\ord\noise 8 Exhibit "A" Page 8 of 8 142 Exhibit "B" Duties, Responsibilities, and Limitations of the Authority of the Resident Project Representative 143 SUPPLEMENTARY CONDITIONS EXHIBIT "B" DUTIES. RESPONSIBILITIES AND LIMITATIONS OF THE AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE A. GENERAL Resident Project Representative (RPR) is ENGINEER's agent at the site, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding Resident Project Representative's actions. Resident Project Representative's dealings in matters pertaining to the on -site work shall in general be with ENGINEER and CONTRACTOR keeping OWNER advised as necessary. Resident Project Representative's dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. B. DUTIES AND RESPONSIBILITIES 1. Schedules: Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning acceptability. 2. Conferences and Meetings: Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project -related meetings, and prepare and circulate copies of minutes thereof. 3. Liaison: 3.1 Serve as ENGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract Documents; and assist ENGINEER in serving as OWNER's liaison with CONTRACTOR when CONTRACTOR's operations affect OWNER's on -site operations. 3.2 Assist in obtaining from OWNER additional details or information, when required for proper execution of the Work. 4. Shop Drawings and Samples: 4.1 Record date of receipt of Shop Drawings and samples. 4.2 Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of samples for examination. EJCDC - 1984 Edition 4072-00C.SPC/67P/041194 Exhibit "B" Page 1 of 4 d'{4 4.3 Advise ENGINEER and CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. 5. Review of Work. Rejection of Defective Work. Inspections and Tests: 5.1 Conduct on -site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. 5.2 Report to ENGINEER whenever Resident Project Representative believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that Resident Project Representative believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. 5.3 Verify that tests, equipment and systems startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. 5.4 Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents: Report to ENGINEER when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by ENGINEER. 7. Modifications: Consider and evaluate CONTRACTOR's suggestions for modifications in Drawings or Specifications and report with Resident Project Representative's recommendations to ENGINEER. Transmit to CONTRACTOR decisions as issued by ENGINEER. 8. Records: 8.1 Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGINEER's clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. EJCDC - 1984 Edition 4072-00C.SPC/67P/041194 Exhibit "B" Page 2 of 4 4 5 8.2 Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. 8.3 Record names, addresses and telephone numbers of all CONTRACTORS, subcontractors and major suppliers of materials and equipment. 9. Reports: 9.1 Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR's compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 9.2 Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. 9.3 Obtaining backup material from CONTRACTOR and recommend to ENGINEER Change Orders, Work Directive Changes, and Field Orders. 9.4 Report immediately to ENGINEER and OWNER upon the occurrence of any accident. 10. Payment Requests: Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to ENGINEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. 11. Certificates. Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGINEER for review and forwarding to OWNER prior to final payment for the Work. EJCDC - 1984 Edition 4072-00C.SPC/67P/041194 Exhibit "B" Page 3 of 4 12. Completion: 12.1 Before ENGINEER issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. 12.2 Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. 12.3 Observe that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. Limitations of Authority Resident Project Representative: 1 Shall not authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by ENGINEER. 2. Shall not exceed limitations of ENGINEER's authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, subconstractors or CONTRACTOR's superintendent. 4. Shall not advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5. Shall not advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6. Shall not accept Shop Drawing or sample submittals from anyone other than Contractor. 7. Shall not authorize OWNER to occupy the Project in whole or in part. 8. Shall not participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by ENGINEER. EJCDC - 1984 Edition 4072-00C.SPC/67P/041194 Exhibit "B" Page 4 of 4 HI SUPPLEMENTARY CONDITIONS EXHIBIT "C" SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to Village of Key Biscayne,, by Vo►2CiC UuQ.r l D l 2nYA CRC.TAIW/I-REDt3U1?.612 y� ligt4nt individual's name and title] for -HE t. t )eiYA R0(9, Zinc whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is 59' 2 42 93c2- (If the entity aa�s no FEIN, include the Social Security Number of the individual signing this sworn statement [print name of entity submitting sworn stat�eryent] 12209 �,'ooTH DIXIE �11G}-I WAY 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. Exhibit "C" Page 1 of 2 4072-OOC.SPC/67P/041194 5. I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity ubmitting this sworn statement. [Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shar>cholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order) I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFP ' THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESH ' D A OUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF �'.' GE IN THE INFORMATION CONTAINED IN THIS FORM. Sworn to and subscribed before me this Personally known 'r© PiE, Or Produced Identifica ion Jorge Juan de Moya ,�_�, Secretary/Treasurer �..�; �� t 2.. ^N4 -- [signature) day e • , 19 4- . C, oyA (Type of Ide tification) < "OFFICIAL NOTARY SEAL' CONCIIITA MASCARO-PIRF7 < Notary Public. State of Florida < Commission No. CC260524 < My Commission Expires 320/97 < Bonded Through Noury Service & Bonging Co. , an ' 1.8003 -NOTARY i1i»»nl.)MM1 »MIMil»»>»»»»>r»>' Notary Public - State of --TLC) R 113A My Commission Expires 3 02.0 (Printed, typed, or stamped commissioned name of notary public) Exhibit "C" Page 2 of 2 4072-00C.SPC/67P/041194 Detailed Specifications 150 GENERAL CONSTRUCTION PROVISIONS 1. GENERAL A. The work consists of furnishing all labor, material, equipment, and incidentals necessary for the construction of the contract items indicated by the Proposal. B. The quantities of work in the Proposal are approximations only. Payment shall be made on the unit prices and measurement shall be actual field measured units. C. The water improvement project consists of furnishing and installing approximately 420 feet of 12 -inch, 9380 feet of 8 -inch and 200 feet of 6 -inch ductile iron pipe for potable water mains in the Village of Key Biscayne, Dade County, Florida. The Project also includes the furnishing and installations of one 12 -inch tapping valve with a 24 -inch by 12 -inch tapping sleeve, six (6) 8 -inch tapping sleeves and tapping valves, six (6) 6 -inch tapping sleeves and tapping valves, of twelve (12) 8 -inch MJ gate valves with valve box and risers, reconnecting existing services to new mains, making paving repairs, furnishing and installing fire hydrant assemblies; making connections to existing mains; cleaning and testing the mains; disinfecting the water mains and all other appurtenant and miscellaneous items and work for a complete and satisfactory installation. It is the intent of the Owner to obtain a complete and working installation under this Contract and any items of labor, equipment and materials which may reasonably be assumed as necessary to accomplish this end shall be supplied whether or not they are specifically shown on the Plans or stated herein. D. It is the intent of this project that one contractor construct the water and storm sewer improvements in the areas of Key Biscayne with the least amount of disruption to the residents. All utilities on one street are intended to be installed at the same time with pavement restoration to follow on a weekly basis. See detailed specifications for additional information. 2. STANDARD SPECIFICATIONS A. The Specifications to be used on this project will be: • the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction", dated 1991 and its supplements. Those specifications are part of the Contract. In case of conflict, the FDOT "Standard Specifications" shall be subordinate to the remaining Contract Documents. 4072-00D.SPC/67P/083094 151 GCP-1 " T h e "