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HomeMy Public PortalAbout1998 East Enid Drive Improvements Contract Documents.tifVillage Council John F. Festa, Mayor Mortimer Fried, Vice Mayor Martha Fdez-Leon Broucek Gregory C. Han Hugh T. O'Reilly Michele Padovan Betty Sime Village Manager C. Samuel Kissinger TO: VILLAGE OF KEY BISCAYNE Office of the Village Manager November 12, 1998 MEMORANDUM Conchita Alvarez, CMC Village Clerk Armando Nunez Public Works Supervisor FROM: C. Samuel Kissinger Village Manager E. RE: East Enid Drive Improvements Contract Documents Enclosed please find fully executed contract documents dated July 1998 between Williams Hatfield & Stoner, Inc. And the Village of Key Biscayne. This is for your records. Thank you. 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5514 • Fax: (305) 365-8936 MISSION SI A IFMFN 1 10 PROA11)F A SAFF 01 Al 11'\ ( OMMI'NI i'Y I NV'IRUNMI N I IOR Al I I .lAND»RS IFIROI (.11 RI SPONSIIII I (.OVI RNMI N I ' CONTRACT DOCUMENTS for EAST ENID DRIVE IMPROVEMENTS VILLAGE OF KEY BISCAYNE Village Council: John F. Festa, Mayor Mortimer Fried, Vice Mayor Martha Fdez-Leon Broucek Gregory C. Han Hugh T. O'Reilly Michele Padovan Betty Sime Village Manager: C. Samuel Kissinger Documents Prepared by: Williams, Hatfield & Stoner, Inc. 4601 Ponce de Leon Boulevard, Suite 220 Coral Gables, Florida 33146 July 1998 Engineer's Project No. 4663.00 TABLE OF CONTENTS Advertisement for Bids AFB -1 Instruction 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-2 8. Liquidated Damages IB-2 9. Substitute Material and Equipment IB-2 10. Subcontractors IB-3 11. Proposal IB-3 12. Submission of Bids IB-4 13. Modification or Withdrawal of Bids IB-4 14. Opening of Bids IB-4 15. Bids to Remain Open IB-4 16. Award of Contract IB-4 17. Performance and Other Bonds IB-5 18. Signing of Agreement IB-5 19. Trench Safety Act IB-6 Bid Guaranty Form BGF-1 — BGF-2 Proposal P-1 — P-8 Surety Performance Bond SBF-1 — SBF-2 Waivers of Lien WOL-1 — WOL-2 Contract C-1 —C-3 Application for Payment AFP-1 Notice to Proceed NTP-1 General Conditions GC -1 — GC -42 Supplementary Conditions SC -1 — SC -14 TOC.SPC/1 19P/071798 TOC-1 Exhibit "A" 8 Pages Exhibit "B" 5 Pages Exhibit "C" 2 Pages Detailed Specifications General Construction Provisions GCP-1 — GCP-2 Section 100 Allowance Account DS -100-1 Section 101 Mobilization and Site Video DS -101-1 Section 102 Maintenance of Traffic DS -102-1 — DS -102-2 Section 104 Prevention, Control and Abatement of Erosion and Water Control DS -104-1 Section 110 Clearing and Grubbing DS -110-1 Section 120 Excavation and Embankment DS -120-1 Section 160 Stabilizing DS -160-1 Section 200 Limerock Base DS -200-1 Section 210 Reworking Limerock Base DS -210-1 Section 331 Type S — Asphaltic Concrete DS -331-1 Section 390 Brick Pavers DS -390-1 Section 425 Inlets, Manholes and Junction Boxes DS -425-1 Section 430 Pipe Culverts and Storm Sewers DS -430-1 — DS -430-2 Section 444 Deep Drainage Well System DS -444-1-- DS -444-3 Section 520 Concrete Gutter, Curb Elements and Traffic Separator DS -520-1 Section 522 Concrete Sidewalk DS -522-1 Section 575 Sodding DS -575-1 Section 700 Highway Signing DS -700-1 Section 711 Thermoplastic Traffic Stripes and Marking DS -711-1 Section 948 Miscellaneous Types of Pipe DS -948-1 Appendix 'A' Geotechnical Data A-1 — A-5 B-1 — B-2 TOC.SPC/119P/071798 TOC-2 ADVERTISEMENT FOR BIDS Sealed bids for the Village of Key Biscayne East Enid Drive Improvements will be received by the Village Clerk until 3:00 p.m. on August 14, 1998, at the Village Hall (2nd Floor, Council Chambers) located at 85 West McIntyre Street, Village of Key Biscayne, Florida, 33149, at which time the bids will be publicly opened and read. The project consists of East Enid Drive Improvements as described in the package prepared by Williams, Hatfield & Stoner, Inc. The package will be available at the Village Hall on July 20, 1998. For technical questions and clarification of issues as presented in the documents, plans and specifications, please contact Mr. Andrew Kacer of Williams, Hatfield & Stoner, Inc. at 305-663- 5777. A copy of the Bid Documents may be obtained at Village Hall of the Village of Key Biscayne, 85 West McIntyre Street, Key Biscayne for a charge of Fifty Dollars ($50.00) per set, payable by cash or check. Make checks payable to Williams, Hatfield & Stoner, Inc. Copies of the Bid Documents are non -returnable and non-refundable. Prospective bidders will be required to submit, with their bid, a copy of the appropriate Certificate of Competency, as issued by Dade County, which authorizes the bidder to perform the proposed work. Each bid shall be accompanied by a bid guaranty in an amount equal to five percent (5%) of bid amount. A Surety Performance Bond, in an amount equal to one hundred percent (100%) of the contract amount, or an alternative form of security permitted by the Village, must be submitted by the successful bidder within ten (10) calendar days after notification of award. A pre -bid conference for interested parties will be held at the Village Hall, Council Chamber at 10 a.m. on July 31, 1998. This conference will include a site visit. Attendance at this conference is mandatory in order to submit a bid for the project. All bids shall be submitted in accordance with the Instructors to Bidders and the Specifications. The Proposal includes the time of performance and the Contract contains provisions for liquidated damages for failure to complete the work on time. The Village of Key Biscayne reserves the right to waive any informality on any bid, and the Village Manager may reject any or all bids, and re - advertise the Project. C. Samuel Kissinger Village Manager AFB.SPC/ 119P/071698 AFB -1 INSTRUCTIONS TO BIDDERS 1. Defined Terms: Terms used in these Instructions to Bidders, which are defined in the Standard 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 Advertisement 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 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 the Contract Documents. 4.2 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. ITB.SPC/07/17/98 IB-1 4.3 The submission of a Bid will constitute an incontrovertible 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 Advertisement For Bids. 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. 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 are set forth in this Contract. 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 ITB.SPC/07/17/98 IB-2 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. 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. ITB.SPC/07/17/98 IB-3 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-5 through P-8). 12. Submission of Bids: Bids shall be submitted at the time and place indicated in the Notice to Contractors shall be included in an opaque, 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. ITB.SPC/07/17/98 IB-4 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. 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 individual 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. ITB.SPC/07/17/98 IB-5 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. ITB.SPC/07/17/98 IB-6 PROPOSAL FOR THE VILLAGE OF KEY BISCAYNE EAST ENID DRIVE IMPROVEMENTS PRESENTED BY -i-IF712i 6N CCNIVAaa*t$reinafter called "BIDDER")� ani or 7ed andg existing under the Laws of the State of Florida doing business as GO f71'Sn 91.i (corporation, Partnership, or Individual as applicable) submitted on this I+ day of 6\Xig"r , 10o the VILLAGE OF KEY BISCAYNE (hereinafter called the "OWNER"). The undersigned, as Bidder (herein used in the masculine singular, irrespective of actual gender and number) hereby declares that the only persons interested in this Proposal are named herein, that no other person has any interest in this Proposal or in the Contract to which this Proposal pertains, that this Proposal is made without connection or arrangement without any connection or arrangement with any other person, and that this Proposal is in every respect fair, and it submitted in good faith and without collusion or fraud. The Bidder further declares that he has satisfied himself fully relative to all matters and conditions with respect to the work to which this Proposal pertains. Sealed bids for a Project known and identified as "East Enid Drive Improvements" will be received by the Village of Key Biscayne, Village Clerk, at the Village Hall, 85 West McIntyre Street, Village of Key Biscayne, Florida, 33149, until 3:00 p.m. on August 14, 1998. At 3:00 p.m. the bids will be publicly opened and read aloud. Anv bids received after 3:00 p.m. will not be considered. The mailing address of the Village Hall is the same as shown above. Bid Security Forfeited Liquidated Damages: Failure to execute a Contract and file an acceptable Performance Bond, when required, as provided herein, within ten (10) days after written notice of award has been given, shall be just cause for the annulment of the award. Award may then be made to the next lowest responsible Bidder or all bids may be rejected. Sets of the Contract Documents including Plans and Specifications may be obtained at the Village of Key Biscayne, 85 West McIntyre Street, Florida, 33149, for a charge of Fifty Dollars ($50.00) per set, payable by cash or check. Make checks payable to Williams. Hatfield & Stoner. Inc. Copies of the Bid Documents are non -returnable and non-refundable. Any questions regarding these Contract Documents, Plans and Specifications can be addressed to Mr. Andrew Kacer of Williams, Hatfield & Stoner, Inc. at 305-663-5777. EastEnidproposalspc.doc070898 P-1 4/ The Village of Key Biscayne will award the contract within 90 days. The Contractor shall begin work within 10 calendar days after receipt of the Notice to Proceed. All work shall be completed within 180 calendar days from the receipt of the Notice to Proceed. The Village of Key Biscayne, Florida, reserves the right to reject any or all bids, to waive any informality in any bid or to re -advertise for bids. Bids from any person, firm or corporation in default on other contracts or agreements with the Village and/or the County may be rejected. Failure by the Bidder to satisfy claims on previous contracts with the Village and/or the County may be a cause for rejection of his bid. The Bidder proposes and agrees, if this Proposal should be accepted, to execute all appropriate Contract Documents for the purpose of establishing a formal contractual relationship between him and the Village of Key Biscayne, Dade County, Florida. EastEnidproposalspc.doc071498 P-2 S 1e 1(J Loner (.SUS) 003 - 0/01 V.04 . SCHEDULE OF BID ITEMS (Revised per Pre -Bid Minutes) Item No. Description Unit Estimated Quantity Unit Cost Total East Enid Drive Improvements 100-1 Allowance Account LS 1 $10,000.00 /0 ri00 101-1 Mobilization LS 1 560o" - y, Oaf y 101-2 Indemnification LS 1 S25.00 2S°' 101-3 Performance and Payment Guaranty & Insurance LS 1 WOOL' rooe 102-1 Maintenance of Traffic LS 1 12,000 S l2. eve' 110-1 Clearing and Grubbing LS 1 1,,x 000 " ID. 061,- 110-3 Abandon Existing Inlets EA 7 /00'- -700' • 110-3A Remove Inlet and Pipes to Inlet LS 1 5OQ-- 560` • 110-4 Remove Existing Asphalt Pavement SY 5457 F c#1 7_: 110-4A Remove Existing Concrete Sidewalk Pavement & Ccncrete Walks SY 1035 1.6"-=. /0, 3SO 110-4B Remove Existing Concrete Pavement SY 1186 JO" I l,$60'• (Other than Sidewalk & Concrete Walks) 120-1 Grading LS 1 4000'. 10,x'" 160-4 12" Stabilized Subgrade SY 1748 V.-° 4370' 200-1 Limerock Base, Pnmed (6" Thick) SY 1768 /0, 1'7,,6BOr` 210-1 Reworking Limerock Base SY 5000 f'° if, afe 331-1 Type S-3 Asphaltic Ccncrete (1 '/2 Thick) SY 5000 3 S° j-1500=/ 331-2 Type S-3 Asphaltic Ccncrete (Variable Thickness) Overlay TON 70 40e 2,8& 390-1 Brick Pavers SY 2000 2 7 05, 2cX7 425-1 Inlets EA 30 /2C0.. 36000!' 425-5 Adjust Manholes EA 8 20C /66V- 425-6 Adjust Valve Boxes, Meter Boxes and Cleanouts EA 24 t }` ' 3 too: - 425 -7 Convert Inlet to Manhole LS 1 C700'. 6 tro'�. 430-1A Storm Sewer Pipe (15" HOPE) LF 2100 301' LT 000- 430-1B Storm Sewer Pipe (18' HDPE) LF 100 .q0'-` 4 mar' 430-2 Additional Bedding LF 300 3:` 90d• 444-1 Deep Drainage Well System with Internal Well, Control Structure, Weir &Baffle EA , " 3C,OO to go. coo 520-1A Type "F" Concrete Curb and Gutter (Colored) LF 1100 jQ ' /1, 1000.2 520-1B Drop Curb (Colored) LF 2000 q?5 /8, 5 °"C' 520-1C Type "D" Curb (Colored) LF 2600 I °" 23, 9& 520-1D Concrete Band (Roadway) (Colored) LF 184 1 Z 00 2206°0 520-1E Concrete Band (12" for Sidewalk) (Colored) LF 65 II Q° 7l$°- 522-1 Concrete Sidewalk, 4" Thick SY 800 vU 1 /4;460'✓ 522-1A Concrete Walks, 4" Thick (No calor added) SY 200 jclet 3,00049 522-2 Concrete Sidewalk, 6" Thick SY 113 2.21` 2iteC' 575-1 Sodding SY 3300 ;3 rJO 9 yd0' 700-1 Traffic Signs (Permanent) EA 30 17046 5 /00°J c SCHEDULE OF BID ITEMS Item No. Description • Unit Estimated Quantity Unit Cost Total 711-1 Thermoplastic Marking SF 100 q 0-J gape" 948-1A 4" Schedule 40 PVC Pipe LF 200 50 14004" Alternate No. 1 (10' Promenade Sidewalk) 200-1 Limerock Base, Primed (6" Thick) SY 1526 Of 6,26p=° 390-1A Brick Pavers SY 1526 27. 6 © +Z. i17 6/'' 520-1 E Concrete Band (12" for Sidewalk) (Colored) LF 2742 /7 ' 5Z 9o4°d Alternate No. 2 (5' Promenade Sidewalk) 200-1 Limerock Base, Primed (6" Thick) SY 742 Or 7+12affr 390-1 Brick Pavers SY 742 /.74?`) 24 520-1F Concrete Band (6" for Sidewalk) (Colored) LF 2659 /2to -.4/, grOg 575-1 Sodding SY 901 5 r 2403 `-y° Alternate No. 3 (No Sidewalk) 575-1 Sodding SY 1807 r -f? 5f21 °' Base Bid +/9:76t6 Alternate No. 1 gD.24% 6C Alternate No. 2 6Z510yA Alternate No. 3 9-4.2i .° TOTAL BASE BID + ALTERNATE No.1 586,052") TOTAL BASE BID + ALTERNATE No.2 ,S,5-8,2d/Z` TOTAL BASE BID + ALTERNATE No.3 501172 - NOTE 1: ADDITIVE ALTERNATE BIDS THE VILLAGE OF KEY BISCAYNE HAS INCLUDED THREE ALTERNATES TO THE BASE BID. THESE ALTERNATES ARE DEFINED AS SHOWN ON SHEET C-4 AND C-5. THE VILLAGE OF KEY BISCAYNE MAY DECIDE TO DO THIS ADDITIONAL WORK IF FUNDING IS AVAILABLE. THE CONTRACTOR MUST BID ON THESE ALTERNATES IN THE EVENT THE VILLAGE MAKES FUNDS AVAILABLE TO COMPLETE THIS ADDITIONAL WORK. AWARD MAY BE BASED ON THE BASE BID OR THE BASE BID PLUS THE ALTERNATE THE VILLAGE DESIRES TO SELECT. THE VILLAGE RESERVES THE RIGHT TO AWARD ANY OF THE ADDITIVE ALTERNATES OR NO ALTERNATE AS IT DESIRES. THE ADDITIVE ALTERNATES WILL BE PERFORMED BY THE SAME CONTRACTOR AS THE BASE BID. NOTE 2: THE CONTRACTOR SHALL EXAMINE THE SITE AND THE SITE'S EXISTING CONDITIONS PRIOR TO SUBMITTING A BID PRICE. THE CONTRACTOR'S REPRESENTATIVE SHALL SIGN BELOW TO CONFIRM COMPLIANCE WITH THIS REQUIREMENT. NO BID WILL BE CONSIDERED UNLESS SITE VISITAS CONFIRMEI .BELO CONT CT6AR REPRESENTATIVE CA if, �� , 1.1 (305) 663 - 5781 P.03 Aug -10-98 03:08P Williams Hatfield Stoner Williams, Hatfield & Stoner, inc. Engineers • Planners • Surveyors • Enw nme1tal Suentists 4501 ponce de Leon Boulevard, Sude 220 Coral &' l s, Ronda 33146 Telephone (305) 663-5777 Fax (305) 663-5781 ws- �c com PRE -BID CO.� F RENCE EAST ENID IMPROVEMENTS ,..t7 • , Ltirlt la,f etc! tj August 7, 1998 We have attached the list of Attendees at our Pre -Bid conference held at the Village of Key Biscayne Council Chambers at 10:00 AM on July 31, 1998. We have itemized the issues discussed during the Pre -Bid Conference: 1.) Engineer's Estimate: Base Bid = $629,000.00 Base Bid Plus Alternative 1 = $714,000.00 Base Bid Plus Alternative 2 = $678,000.00 Base Bid Plus Alternative 3 = $634,000.00 2.) Existing Storm Drainage system shall be utilized to the extent possible until the new system is in operation. 3.) At least one access must be maintained for each building parking area. 4.) Water Table shown in boring logs in specifications vary with season. If dewatering is necessary, Contractor shall be required to adhere to all regulatory requirements (DERM, Village of Key Biscayne, etc.) and this effort will be coordinated with Armando Nunez (Village of Key Biscayne). All costs of dewatering to be included in cost of structures and pipe. 5.) Thickness of existing concrete in Item 110-4B will vary from 3" to 6". 6.) Method of existing connection between concrete pavement and wall is not known. There may be areas where wall and adjacent pavement are connected with continuous pour and with reinforcing. 7.) Proposed grates in gutter will be a USF 6148 with a USF 5105 Frame (or approved equal) instead of USF 4105 —6220. 8.) On page IB-5, delete paragraph 16.8 in its entirety. 9.) The Plans for the Electrical (Lighting, etc.) Contract that will be constructed during this Contract are available to review by contacting Lora Stoddard (Village of Key Biscayne) @ 305-365-8915. 10.) By copy of these Pre -Bid Minutes, we have attached a revised page P-3 with dollar values inserted for two items as indicated. 11.) By copy of these Pre -Bid Minutes. all (35) concrete wheel stops shall be removed and disposed of. Cost included in Lump Sum Price of Clearing and Grubbing. Other than noted herein no other changes are made to the EAST ENID IMPROVEMENTS. These Pre -Bid ni'inutes with Contractors Authorized Representative's Signature or an acknowledgment must be retur,ped with you bid. AUTHORIZED SIGNATURE CONTRACTOR NAME _ tel: v elf z /L 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 organisation been in business as a general contractor? G 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: NS t52. 5t (WI - WI -1W �� ikitc2o1-- \/vali kx-Oliwfi 4-l4 4t 60 ,t7 loa, t)(2/An.)1Nu ML0 4f w/li 1 &lbw b¢eirWaCi .07 4 wo2 its 4 (F7 t, bq�* 4 1,oco, OCo - 4 (), 000 "2-- 3. Were all contracts listed in No. 2 above completed within the time period without extensions? -10-7 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. MO P-5 9 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: 0 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: 14. Cirri im VIAL, 5A 11,-'1 NN* NrA kW 10 % iti ,D`alif ttO°1° C tufAY, Vet N 1'1,2 ak tpoM 9,105 To 41,141,citiO� IGVIP lg,i s Nno1 .L \1 'W io ' 4474 ► tot 4 ii,51,V aC'tfl° Clr-t at t)61,G4 TWA&1N Vi h4 it WA 10 hNk 4 \,0IPI,Q,\' On ico 8. What is the last project of this nature that you have completed? `r J b 5 . 1 Neff1v1 cU"y K�li To q kVV,- 9. Have you ever failed to complete work awarded to you? If so, where and why? V P-6 10. The following are named as three corporations or individuals for which you have performed work and to which you refer. 'WA/ C4uvr-( qat c, w*24,1, 1201, C -Ti of- �n1.��IA Vuttl(, wcciV2 i7R- i�'�+vn It�►�r�-naan� U►�,�Et�R-� �au1�t�� 11. Will you sublet any part of this work? I so, give subcontractor's name and which portion of work to be su let. //) j�,, (611C4 q[), _ id,§ 4 Fn R ail /1d (2 fi J x. LT reb41/7.5.) 12. What equipment do you own that is available for the work? Ts(9i wW ,Mz' To C01•419‘14& -r 13. What equipment will you purchase for the proposed work? 14. What equipment will you rent for the proposed work? P-7 /D 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): ALii 4 1,144, 1209 1,,thodArr= 4 v& -n: I11-1*1q-7 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. 1A0+0,20t.) Cot.rTv/N,-rain 4\(1. (Correct Name of Bidder) (a) The business is a (b) The address of the principal place of business is: ebric, ‘\ Wat\ TA/ 122-kwv. (c) The names of corporate officers, or partners, or individuals doing business under a trade name are as follows: 1 tifeNr . &NcJ 1 , '12,ieht 1- IsN Ge�trMcxrori,i l� , (Bidder) ff%% ✓OSL 4 a'744 '1?/15 P-8 /! Aug -10-98 03:08P Williams Hatfield Stoner (305) 663 - 5781 P•03 Williams, Hatfield & Stoner, Inc. Engineers • Planners • Surveyors • Ernnronmeital Sperfists d'7 • 4601 Ponce de Leon Boulevard, Suite 220 Coral Gables, Honda 33146 TeleptIone (305) 663-5777 Fax (305) 663-5781 whs-mc.com PRE -BID CONFERENCE EAST ENID IMPROVEMENTS August 7, 1998 We have attached the list of Attendees at our Pre -Bid conference held at the Village of Key Biscayne Council Chambers at 10:00 AM on July 31, 1998. We have itemized the issues discussed during the Pre -Bid Conference: 1.) Engineer's Estimate: Base Bid = $629,000.00 Base Bid Plus Alternative 1 = $714,000.00 Base Bid Plus Alternative 2 = $678,000.00 Base Bid Plus Alternative 3 = $634.000.00 2.) Existing Scorch Drainage system shall be utilized to the extent possible until the new system is in operation. 3.) At least one access rnust be maintained for each building parking area. 4.i Water Table shown in boring logs in specifications vary with season. If dewatering is necessary, Contractor shall be required to adhere to all regulatory requirements (DERM, Village of Key Biscayne, etc.) and this effort will be coordinated with Armando Nunez (Village of Key Biscayne). All costs of dewatering to be included in cost of structures and pipe. 5.) Thickness of existing concrete in Item 110-43 will vary from 3" to 6". 6.) Method of existing connection between concrete pavement and wall is not known. There may be areas where wall and adjacent pavement are connected with continuous pour and with reinforcing. 7.) Proposed grates in gutter will be a USF 6148 with a USF 5105 Frame (or approved equal) instead of USF 4105 —6220. 8.) On page IB-5, delete paragraph 16.8 in its entirety. 9.) The Plans for the Electrical (Lighting, etc.) Contract that will be constructed during this Contract are available to review by contacting Lora Stoddard (Village of Key Biscayne) (a? 305-365-8915. 10.1 By copy of these Pre -Bid Minutes, we have attached a revised page P-3 with dollar values inserted for two items as indicated. 11.) By copy of these Pre -Bid Minutes. all (35) concrete wheel stops shall be removed and disposed of. Cost included in Lurnp Sum Price of Clearing and Grubbing. Other than noted herein no other changes are made to the EAST ENID IMPROVEMENTS. These Pre -Bid minutes with Contractors Authorized Representative's Signature or an acknowledgment must be returned with you bid. AUTHORIZED SIGNATURE CONTRACTOR NAME 41;54,. /1-14.• -5a44dif z jz SURETY PERFORMANCE BOND (REOWRED BY FLO DA STATUTES, SECTION 255.01) By This Bond, We Horizon Contractors. Inc , as Principal, whose principal business addrc West 32 Ave, Suite 1. Hialeah Fjgrida 33018 ,as Contractor under the Contract dated 1 19 i between the Principal and the Village of Key Biscayne for the construction of East Enid Drive Improvementz (hereinafter referred to as "Conlin th t ac Deposit which o n c incorporated by reference in its entirety t o a� r o 1.` .k° e . , co ration, whose principal business address is Ft, am,_ ?a. 5 ' , as u cty, are bound to the Village of Key Biscayne (hereinafter referred to as "Village") in the sum of $ 58bA32..fi0 , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: I. Performs all the work under the Contract, including but not limited to guarantees, warranties, and the curing of latent defects, said Contract being made part of this bond by reference, and in the times and in the manner prescribed in the Contract, including any and all damages for delay; and 2. Pays the Village all losses; damages, including any damages for delay expenses; costs and attorney's fees, including appellate proceedings, that the Village sustains because of a default by Principal under the Contract, including but not limited to a failure to honor all guarantees and warranties or 10 cute latent defects in its work or materials within the time period provided in Section 95_ I 1(3Xc), Florida Statutes; and 3. Performs the guarantee of all work and materials furnished under the contract for the time specified in the Contract, including all warranties and curing all latent defects within the time period provided in Section 95.11(3Xc), Florida Statutes: then this bond is void; otherwise it remains in full force. Surety specifically assumes liability for any and all delay damages arising from Principal's default for the contract, as well as all latent defects uncovered in the work of the Principal after the final acceptance of the work by the Village. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety's obligation under this Bond. This Bond shall remain in full force and effect for such period or periods of time after the date of acceptance by the Village of the Contract work as are provided for in the Contract by which Principal guarantees to repair or replace any or all work performed or materials and equipment SU RET Y. SPCl 1 19P/103098 SEW -1 furnished, which were not performed or furnished according to the terms of the Contract. If no specific periods of warranty are stated in the Contract for any particular item or work, material or equipment, the warranty shalt be deemed to be a period of one (1) year from the date of final acceptance by the Village, provided however, that this limitation does not apply to suits seeking damages for latent defects in materials or workmanship, such actions being subject to the limitations found in Section 95.11(3 Xc), Florida Statutes. IN WITNESS WHEREOF, the above bounden parties have caused this Bond to he executed by their appropriate officials. COUNTERSIGNED BY RESIDENT FLORIDA AGENT.CIF SURE (Copy of Agent's Current ldeml f cation Card as bawdily State of Florida 1ptstdranoe lnsurcmee Commissioner Must Be Attached) SURETY .SPCI I I9PJ102898 SBF-2 ar CONTRACTOR: By: Title: this day of 1% , 19 Vb SURETY: Fidelity & Deposit Company of Maryland Name of Surety By: Attorney -in- act Arthuu� K. Broder this 7 , day of dt,), , 19 9"� (Power of Attorney must be attached) (Corporate Seal) PAYMENT BOND NOW ALL Ittf&NBY T=M PRESENTS: That we Rerizoo Cgn actors. 11, as Principal, hereinafter called Contractor and Fidelity & Deposit Company of Maryland as Surety. are bomb to the no of Eirf Biscayne. Florida, hereinafter called Village in the amoaat of Five Hundred t ix_lliausard Th. -Tae and 60/100 Doers ($586,032.60) for the payment whereof Contras of and Surety bind themselves, their heirs, executors. administrators, successors sod assigns, jointly and severalty. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: y6-63 awardee. the9 day 4U-4. 19 , with Village for E. Enid_Dr1vs Proiect in =come= with the Cowstx Domitzeits Ipreille.4. trio, Hatfield & stgoi c,act Documents are by reference a made a part hereof, and for she purposes of this Bond are hereafter referred to a3 the "C.onttact ; ME COMMON [SF THIS BOND is that if Caoanctor: 1. Pays Viitage all losses, dames, expenses, casts and anon: tea fees, iskeluding appellate proceedings, that V llag~ suss because of default by Contractor tinder the Contracr; and 2. Promptly makes payments to all claimants u defined by Section 255.05(1), Florida Stamm, for all labor. materials and supplies used directly or indirectly by Contractor in the performance of the Coain t; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, tT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, eft a laborer, who is not in privity with Contractor sad who has is received ►mcnt for its labor, materials, or supplies shalt, wichIn forty-five (45) days agar beginning to famish' lauor, materials, ex supplits fot' the prosccuimn of the work, furnish to Contracmr a notice that be ime ds to look to to bond for protection. 2.2 A claimant who is not in privity vvekb Cognac= and who bas nor received payment for its bloc. materials, or suppiscs shalt, within ninety (90) days ,after performance of the labor or after complete delivery of the materials or supgie,s, deliver to Contractor and to the Surety, written notice of the performance at the labor or delivery of the materials nr supplies and of rte nonpayment. 2.3. No action for the labor, materials, or supplies tam/ be inst uted against Contractor or the Surety ut is the notices stated zmder the preceding conditions (2.1) tend (22) have been give& 2,4. Any action under this Bond must be instituted w accordance with the Notice and tun£ Lint prnvisttis prescribed w Section 255.05(2), Florida Statutes. the Surety hereby waives tn+tce of and agrees that any chats in or under the Contract Dcumrents and competence or natioarnplianee with aw Eosmatwes connected with cafe Contract or the chimps casts not affect the Surety's oblkgatiou under this Bond. Signed and sealed this ,�, day 4v, of , 19 CONTRACTOR: WITNESSES: (C ]*AT E'i SEAL) Horizon Contractors, Inc. (Name of Corporation) gy: 7/S atea 7it1.) ( dtS41h������ . (Type Name and Title) 2 IN THE PRESENCE OF: SURETY COMP4NY: Fidelity & Deposit Company of Maryland By:, 4Pov► r •of--Attorrcy m be attached) Arthur K. Broder ham 9100 S. Dadeland Blvd. ##908 CRIWO Miami, Fla. 33156 {City/StateT9 Code) Teiepbone Na: (305) 670-9898 Regisrered IGlorida 1�geaat Arthur K. Broder It Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, MD 21203-1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice -President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Arthur K. Broder, of Davie, Florida, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of Athur K. Broder, dated April 18, 1997. The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Company, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 7th day of May, A.D. 1997 ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND T. E. Smith Assistant Secretary State of Maryland ss• County of Baltimore By W. B. Walbrecher Vice -President On this 7th day of May, A.D. 1997, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice -President and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly swom, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Car61 J Fader Notary Public My C. missi. Expires: August 1, 2000 CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED' "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this day of ��(O• Assistant Secretary L1428-031-2375 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice - Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, . . . and to affix the seal of the Company thereto." CONTRACT THIS CONTRACT, made and entered into on the Zg day of �4" 7, 19.0 by and between the Village of Key Biscayne, Dade County, Florida, party of the first part (hereinafter called "Owner"), and Horizon Contractors, Inc. party of the second part (hereinafter called "Contractor"). WITNESSETH That parties hereto, for and in consideration of the covenants and agreements hereinafter set forth, mutually agrees as follows, to wit: 1. That Contractor shall furnish all labor, materials, and equipment and perform all work in the manner and form provided by the Contract Documents covering the Project of the Owner known and identified as: Owner: Village of Key Biscayne Job Number: 4663.01 Job Name: East Enid Drive Improvements for the amount reflected by the Proposal, said amount being Five Hundred Eighty -Six Thousand Thirty Two Dollars and Sixty Cents ($ 586.032.60 ). 2. That the Contractor shall begin the work to be performed under this Contract on a day to be specified in a written order issued by the Owner, and shall fully complete all work hereunder within the time or times stated in the Proposal. 3. That the Owner shall pay to the Contractor for the faithful performance of this Contract, in lawful money of the United States, and subject to additions and deductions as provided in the Contract Documents, the total amount of his bid as set forth above at the times and in a manner stated in the General Covenants and Conditions of the Contract Documents. 4. Performance Bond: It is further mutually agreed that if at any time after the execution of this Contract, the Owner shall deem the surety upon such bonds to be unsatisfactory, or if for any reason such bond shall become inadequate to cover the performance of the work, the Contractor shall, at his do so, furnish an additional bond or bonds in such form and amount and with such surety or sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this Contract until such new or additional security shall have been furnished in a manner and form satisfactory to the Owner. CONTRACT. SPC' 119P/t 02998 C-1 1 5. The "Contract Documents" are hereby defined as the Proposal, the Schedule of Bid Items, the Contract, the Notice to Proceed, the Waiver of Lien, the General Conditions, the project Plans and Specifications prepared by Williams, Hatfield & Stoner, Inc., and any Addenda which may be issued. The terms and conditions of said Contract Documents are incorporated here in by reference and made a part hereof as though fully set forth herein. The Contract Documents are complementary, so that a recital in one is tantamount to a recital in all, and the Contractor specifically acknowledges that he has read and understands all of said Contract Documents. 6. The various indemnities of the Contractor contained in the Contract Documents indemnifying the Owner and Design Professional from liability for damages to persons or property caused by acts, omissions, or defaults in the performance of the Contract Documents shall have a monetary limitation of the larger of the following: $1,000,000 or the entire amount of the Contract. 7. The Village of Key Biscayne and Contractor recognize that time is of the essence of this Contract and that Village of Key Biscayne will suffer financial loss if the Work is not completed within the times specified in the Proposal. The Village of Key Biscayne and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Village of Key Biscayne Two Hundred Dollars ($200) for each day that expires after the time specified for Substantial Completion until the Work is substantially complete and pay the Village for additional engineering and administrative costs incurred by the Village subsequent to the scheduled and/or adjusted completion date. CONTRACT.SPC/ 1 19P/103098 C-2 Witnesses: n�ce (0.(,e,„ CONTRACT. SPCI 119P/ 102998 -4-, Owner's Part (Party of the First Part) Villa q Keyii cayne Signature of Owner's A this Zig __ day of orized Representative Contractor's Part (Party of the Second Part) Horizon Contractors, Inc. Name of Corporation 8175 West 32 Ave. Suite #1 Hialeah, Florida 33018 Address Sign t e of Con .ctor's Authorized R esentative en Sia Print Name pfii.51;c11.,41,- Official Title ; 4c/this �1 day of , 19'7 C-3 CERTIFICATE OF .INSURANCE • DATE (MM/DD/YY) 11/02/98 PRODUCER 305 822-7800 Collinsworth, Alter, Nielson, Fowler & Dowling, Inc. Post Office Box 9315 Miami Lakes, FL 33014-9315 TS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND THIS CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A Maryland Casualty Co. INSURED Horizon Contractors, Inc. 8175 W. 32nd Avenue, S#1 Hialeah FL 33018 COMPANY B Northern Ins Co of NY COMPANY C AmCOMP Preferred -FL EMP ONLY COMPANY D cOVERA1ES .. . THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISPED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF. DATE (MMIDD/t'Y) POLICY EXP. DATE QVIM/DD/YY) LIMITS A GENERAL x LIABILITY COMM. GENERAL LIABILITY EPA21642476 1/20/98 1/20/99 GENERAL AGGREGATE 2000000 PROD-COMP/OP AGG. 2000000 PERS. & ADV. INJURY 1 000000 CLAIMS MADE X OCCUR OWNER'S & CONTRACT'S PROT EACH OCCURRENCE 1 000000 FIRE DAMAGE(One Fire) 50000 MED EXP(Any one person) 5000 A AUTOMOBILE x X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS AIRED AUTOS NON -OWNED AUTOS ECA21641247 1/20/98 1/20/99 COMBINED SINGLE LIMIT 1000000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE GARAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT OTIH R THAN AUTO ONLY: EACH ACCIDENT AGGREGATE B EXCESS X LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM CON91808395 1/20/98 1/20/99 EACH OCCURRENCE 1000000 AGGREGATE 1000000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE OFFICERS ARE: INCL EXCL WCV7002468 5/25/98 5/25/99 I STATUTORY LIMITS EACHACCIDENT 500000 DISEASE -POLICY LIMIT 500000 DISEASE -EACH EMPL. 500000 OTHER DESCRH'TION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: East Enid Drive Improvements, Village of Key Biscayne, Engineer Project No. 4663.00 Certificate Holder is named Additional Insured on General Liability for operations performed by named insured on captioned project. CERTIFICATE HOLDER CANCELLATION • Village of Key Biscayne 85 W .McIntyre Street Key Biscayne, FL 33149 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED TI • Arrion ar—c tzroaa ,t .3" 4 WAIVERS OF LIEN 1. The Contractor shall provide the Village of Key Biscayne (City) with a list of all Subcontractors and Suppliers used by the contractor in performing the work covered by this Contract. 2. Where the extent of the work is such that a consecutive series of monthly payments will be made to the Contractor, the City will retain ten percent (10%) of all monies due the Contractor under each monthly request for payment. The Contractor shall be required to submit to the City appropriate partial Waivers of Lien from the appropriate Supplier and Subcontractors involved in the work with each request for payment before payment is made by the City. 3. Upon satisfactory completion of the work under this contract, the accumulated ten percent retainage will be paid to the Contractor when the Contractor and all Subcontractors and Suppliers involved in the work under this Contract have provided the City with their final Waivers of Lien. 4. Single payment contracts will require completed Waivers of Lien to be submitted to the City by the Contractor before payment is made. 5. All Waivers of Lien must be duly notarized. WOL. SPC/ 1 19P/071798 WOL-1 WAIVER OF LIEN KNOW BY ALL MEN BY THESE PRESENTS, that , for and in consideration of Dollars and other good and valuable considerations, lawful money of the United States of America, to me in hand paid, the receipt whereof is hereby acknowledged, does hereby waive, release, remise and relinquish any and all right to claim any lien for work done or material furnished, or any kind of class of lien whatsoever on the following described property: Dated this day of , 1998. at DADE COUNTY, FLORIDA by STATE OF FLORIDA COUNTY OF Subscribed and Sworn to before me this day of , 19 . Notary Public, State of Florida at Large My Commission Expires: WOL.SPC/119P/062598 WOL-2 APPLICATION FOR PAYMENT NO. To: (OWNER) Contract For East Enid Drive Improvements OWNER's Contract No. ENGINEER's Project No. 4663 For Work accomplished through the date of ITEM CONTRACTOR's Schedule of Values Work Completed Unit Price Quantity Amount Quantity Amount $ $ $ Total (Ong 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) EJCDC No. 1910-8-E (1990 Edition) Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Associated General Contractors of America AFP.SPC/119P/071798 NOTICE TO PROCEED Dated , 1998 TO: (CONTRACTOR) ADDRESS: OWNER'S PROJ. NO. PROJECT: East Enid Drive Improvements You are notified that the Contract Time under the above contract will commence to run on , 19 . By that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 3 of the Agreement, the dates of Substantial Completion and Final Completion are , 19 , and , 19_, respectively. (OWNER) By (AUTHORIZED SIGNATURE) (TITLE) Copy to ENGINEER (Use Certified Mail, Return Receipt Requested) NOTICE.SPC/119P/071798 XTTP 1 General Conditions TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paruc,c1Ph Page Article or Paragraph Puce Number & Title .Number ,Number do Title �'umher 1. DEFINITIONS 13 :.5-_.7 Before Starting Construction: 1. 1 AJdenda 13 CONTRACPOR's Responsibility to 1.2 Acr?ement . . . . . . . . . . . . . . . . . . . . . 13 Report: Preliminary Schedules: 1.3 Application for Payment 13 Delivery of Certificates of 1.4 Asbestos 13 Insurance 15 1.5 Bid 13 2.8 Preconstruction Conference . . . 15 1.6 Bidding Documents 13 2.9 Initially Acceptable Schedules 16 1.7 Bidding Requirements 13 1.8 Bonds 13 3. CONTRACT DOCUMENTS. INTENT. 1.9 Change Order 1li 3 AMENDING. REUSE 16 Inten1.10 Contract Documents . . . . 13 3.1-3.2 16 1.1 1 Contract Price 13 3.3 Reference to Standards and 1.12 Contract Times 13 Specification, of Technical Societies. 1.13 CONTRA(. lUR 13 Reporting and Resolving 1.14 iiefecuve 13 Discrepancies . . . . . . . . . . . . . 16 I.14 Drawings 13 3 4 Intent of Certain Terms or Adjectives 17 151.16 Effective Date of the Agreement 13 3.5 Amending Contract Documents . 17 1.17 ENGINEER 13 3.6 Supplementing Contract Documents .. 17 1.18 ENGIN _ER's Consultant 13 3.7 Reuse of Documerts 17 1.19 Field Order 13 4, AVAILABILITY OF LANDS: SUBSURFACE AND 1.20 General Requiremen;, 14 PHYSICAL CONDITIONS: REFERENCE POINTS 17 1.21 Hazardous Waste 14 4.1 Availabili'y of Lands 17 1.22 Laws and Regulation.: Laws or 4.2 Subsurface and Physical Conditions . . . 17 Regulate ins 14 4.2.1 Reports and Drawings . . . . . . . . . . . . .. 17 1.23 Liens 14 4.2.2 Limited Reliance by CONTRACTOR 1.24 Milestone 14 Authrrized: Techric.;; Data . . . . . . .. 18 1.25 Notice of Award 14 4.2.3 Notice o: Differing Sub,.•'.fa.e or 1.26 Notice to Proceed 14 Phvs• _al Conditions . . . .. 18 1.27 OWNER 14 4.2.4 ENGINE:R's Review :8 1.28 Partial Utilization 14 4.2.5 Possible Contract Documents C1iar. e _ 1 1.29 PCBs 14 4 2.6 Possible Pnce and Times Adjustments 18 1.30 Petroleum 14 4.3 Physical Conditions -Underground 1.31 Project 14 Facilities 18 1.32 Radioactive Matenal 14 4.3.1 Shown or Indicated 18 1.33 Resident Project Representative 14 4.3.2 Not Shown or Indicated 19 1.34 Samples 14 4.4 Reference Points 19 1.35 Shop Drawings 14 4 5 Asbestos. PCBs. Petroleum. Hazardous 1.36 Specifications 14 Waste or Radioactive Matenal 19 1.37 Subcon.ractor 14 1.38 Substantial Completion 14 5. BONDS AND INSURANCE 20 1.39 Supplementary Conditions 14 1.40 Supplier 14 14 5.1-5.2 Performance. Payment and Other Bonds . 20 1.41 Underground Fac ties 5.3 Licensed Sureties and Insurers: Certificates o► Insurance . . . . . . . . . . . 20 1.42 Unit Price Work 14 1.43 work 15 5.4 CONTRACTOR s Liability Insurance . , _0 1.44 Work Change Directive 15 5.5 OWNER's Liability Insurance '_1 1.45 Written Am..ndment 15 5.6 Property Insurance 21 5.7 Boiler and M..chinery or Additional 2. PRELIMINARY MATTEPS 15 Property Insurance . . . . 21 2.1 Delivery o; Binds 15 5.8 Notice of Cancellauon Provisions 'I 2.2 Copies of Documents 15 5.9 CONTRACfOR's responsibility for 2.3 Commencement of Contract Times: Deductible Amounts _2 Notice to Proceed 15 5.10 Other Special Insurance '2 2.4 Starting the Vvork 15 5 11 Waiver of Rights . . . .. .. . . Article or Parat,'raph 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 1, „ 6. CONTRAL IUR'S RESPONStfiIt ITIES 23 6 1.6.2 Supervision and S,Tpenntendence . 23 b.?fi.5 Labor. Matenals and Equipment . . . . 23 6.6 Progress Schedule 23 6.7 Substitutes and "Or -Equal" items: CONTRA(- IUR's Expense: Substitute Construction Methods or Procedures; ENC`NEER's Evaluation 23 6 8-ri 11 Concerning Subcontractors. Suppliers and Others: Waiver of Rights 6 12 Patent Fees and Royalties 6.13 Permits 25 6. 14 Laws and Regulations . . . . . . . . . . 25 6.15 Taxes . 25 6.16 Use of Premises 26 6 17 Site Cleanliness 26 6 18 Safe Structural Loading 26 6.19 Record Ducuments 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 Drawincs and Samples 27 6 '_5 Submittal Procedures: CONTRACTOR's Review Prior to Shop Drawing or Sample Submittal 27 6.26 Shop Drawing 8. Sample Submittals Revieµ by ENGINEER 27 6.27 Responsibility for Variation From Contract Documents 27 6.2f, Related Work Performed Prior to ENGINEE.R's Review and Approval of Required Submittals 27 6.29 Continuing the We k 28 6.30 CONTR,:CTOR's General Warrant and Guarantee 28 6.31-6.33 Indemnification 28 6.3; Survival of Obligations 28 7 OTHER WORK 7.1-i 3 Related Work at Site 7 4 Coordination 24 29 29 8. OWNER'S RESPONSIBILITIES 29 8.1 Communications to Contractor 29 8.2 Replacement of ENGINEER 29 8.3 Furnish Data and Pay Promptly When Due . . . . 8 4 Lands and Easements: Reports and Tests .. 8.: Insurance . .. 29 ,a 29 Article or Paragraph .Vumber & Tale R 6 Change Orders 8.7 inspections. Tests and Approvals 8.8 Stop or Suspend Work: Terminate CONTRACTOR's Services 29 8.9 Limitations on OWNER's R: sponstbilitres 30 8.10 Asbestos. PCBs. Petroleum. Hazardous Waste or Radioactive Matena' . . . . 30 8.11 Evidence of Financial Arrangements 30 9. ENGINEER'S STATUS DURING CONSTRUCTION 30 9.1 OWNER's Representative 30 9.2 Visits to Site .. , 30 9.3 Project Representative . . . . 30 9 4 Clanfications and interpretations .. 30 9 5 Authonzed Variations in Work . .. 30 9 6 Rejecting Defective Work .. . . . 30 9.7-9 9 Shop Dray.ings. Change Orders and Payments 31 9 10 Determinations :or Unit Prices 31 9.11-9.12 Decisions on Disputes: ENGINEER as initial Interpreter 31 9 13 Limitations en EN 1INEER's Authority and Re,ponsibilities 31 Page Number 29 29 10. CHANGES IN THE WORK 10.1 OWNER Ordered Change 10.2 Claim for Adjustment 10.3 Work Not Required by Contract Documents 10.4 Change Orders 10.5 Notification of Surety 11. CHANGE OF CONTRACT PRICE . . . . . .. . . . . 11.1-11.3 Contract Pnce: 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.: CTOR's Fee . . . . . . . . . �4 11.7 Cost Records 34 11.8 Cash Allowances 35 11.9 Unit Price Work 35 32 32 32 .. 32 32 32 12. CHANGE OF CONTRACT TIMES 35 12.1 Claim for Adjustment 35 12.2 Time of the Essence 35 12.3 Delays Beyond CONTRACTUR's Control 35 12.4 Delays Beyond OWNER's and CONTRACTOR's Control . . . . 35 13. TESTS AN J INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 Notice of Defects 13.2 Access to the Work 13 3 Tests and Inspections: Contractor' Cooperation 36 36 36 36 GC- 2 Article o- Paragraph Number & Title 134 Independent Testing Laborator. 13 s CONTRACTOR's Responsibilities . . . 13. . 13.7 CovenngWork Prior to ti.-r-.ction. Testing or Approval . . 13 8-13.9 Uo,ovenng Work at ENGINEER's Request . . . . .. . 13.10 Ow N ER May Stop the Work . 13 11 Correction or Removal of Defective Work 13.12 Correction Penod 13.13 Acceptance of Defecti a Work 13.14 OWNER May Correct Defective Work OWNER's Responsibilities: Page V; srnher 36 36 36 36 37 37 37 14. PAYMENTS TO CONTRA(- 11)R AND COMPLETION 37 1.1 I Schedule of Values 37 14 2 Application for Progress Payment 38 14.3 CONTR.AC iUR's Warranty of Title . . . 38 14.-1-14.7 Review of Applications for Progress Paymcnts 38 14 8-14.9 Substantial Completion 39 14.10 Partial Utilization 39 14.11 Final Inspection 39 Article or Paragraph .Number & Title 14.12 Final Application for Payment 14.13-14 14 Final Payment and Acceptance 14.15 Waiver of Claims 15. SUSPENSION OF WORK AND TERMINATION 15.1 CWNER May Suspend Work 15.2-15.4 OWNER May Terminate 15.5 CONTRACTOR May Stop Work or Terminate 16. DISPUTE RESOLUTION 17. MISCELLANEOUS 17 1 Giving Notice 17 2 Computation of Times 17 3 Notice of Claim 1' 4 Cumulative Remed,.s 17 5 Professional Fres anu Court Costs Included Pure timhrr 40 40 40 EXHIBIT GC -A (Opuonall: Dispute Resolution Agreement (Optional) . . GC -AI 16.1-16.6 Arbitration GC -A1 16.7 Mediation . . . GC -A2- 40 40 41 41 4' 4' 42 4' GC— 3 INDEX TO GENERAL CONDITIONS Article or Para 'rapti 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. hs CONTRACTOR 7.3 Substitutes a:• i "Or -Equal" items 6.7.1 Work by OVNER 2.5. 6 30. 6.34 Access to the - Lands. OWNER and CONTRACTOR responsibilities 4 1 site. related work 7.'_ Work. 13.2. 1 3 14. 14.9 Acts or Omissions-. Acts and Omissions - CONTRACTOR 6.9.1. 9.13.3 ENGINEER 6'-0. 9.13.3 OWNER 6.20. 8.9 Addenda-defimtior 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. 1 1. 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. Wnt:en- 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) - 15.1-16.6 Asbestos - claims pursuant thereto 4.5.2. 4.5.3 CONTRACTOR authorized to stop Work 4 5' definition of 1.4 OWNER responsibility for 4.5.1. 8.10 possible puce and times change 4.5.'_ Authorized Vanations in Work 3.6. 6.25 6.27. 9 5 Availability of Lands 4.1, 8.4 Award. Notice of -defined . 125 Before Starting Construction Bid -definition of (1 .1, 1.10. 2.3. 3.3. 4.2.6.4. 6.13. 11.4.3. 11.9 1) . 1.5 pertonnancc. Payment and Other . . . . . . . . . Bonds and Insurance -in general . . . . . . . . . . . . Builder's nsk "all risk" policy form Cancellation 1,4 -visions, Insurance Cash Allowances Certificate of Substantial Completion Bidding Documents-dennu►on of Bidding Requirements --definitions of Bonds - acceptance of additional 5onds Cost of the Work definition of • 1 8 delivery of . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . 2 I. 5 final application for payment 14 12.14 14 general 1.10. 5.1-5 3. 5.11.9 13.10 5 14 7 6 Article ur Paragraph 1.616 8 2) 1 7(1.1.42b2) 5 14 . 105, 11 45.9 11 54 5 1.5 2 5 562 5.4.11.. 58.5 ;y I l 3g 1.3R 630. 148. 14 le Certificates of Inspection 9.13.4, 13 5.14 1: Certificates of Insurance .. 2.7, 5.3, 5.4 11.55.144, 13.15.64.. 5. 5 g. 9 3 14 12 Change in Contract Price - Cash Allowances -11 8 claim for puce adjustment 4.1. 4.2.6. 4.5. 5.15. 6.8.2. 9 4. 9.5. 9.11. 10.2, 10.5. 11.2. 13.9, 13.13, 13.14, 15.1. 15.5 CONTRACTOR's fee 11.6 Cost of the Work gencr l 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 Notificauon of Surety 10 5 Scope of 10.3-.14 Testing and Inspection. Uncovenng the Work 13.9 Unit Pnce 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. 122.1, 1:.9. 13.13. 13.14, 14.7. 15.1. 15.5 Contractual time limits 12.2 Delays beyond CONTRACTOR's control 12.3 Delays beyond OWNER's and CONTRACTOR s coo- trol 12.4 Notification of surety . 10 5 Scope of change 10.3-10.4 Change Orders - Acceptance of Defect►.e Work Amending Contract Documents Cash Allowances Change of Contract Pnce Change of Contract Times Changes in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 CONTRACTOR's fee . .. 11 6 Cost of the Work 11.4-11 7 GC- 4 Article or Paragraph Number Cost Reccrds 11.7 definition of 1.9 emergencies 6.23 ENGINEER'S responsibility 9.8, 10.4, 11.2. 12.1 execution of 10.4 !rider .nifi:.ation 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 o 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 Worx. covered by 11.3 Changes in the Worst 10 Notification of surety 10.5 OWNER's and CONTRAC'DR'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 Change of Contract Times 9 4 12.1 CONTRACTC R'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 CONTRACTOR'S Fee 11.6 CONTRAC'T'OR 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 interpreter 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 9.11 Subsutute items . , 6.7.1.2 Time Extension 12.1 Time requirements 9.11. 12.1 U n, ; 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 lnterpretitions 3.6.3. 9.4. 9.11 Clean Site 6.17 Codes of Technical Society, Organization or Association 3.3.3 2.3 Commencement of Contract Times 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 1.38, 14.8-14.9 Waiver of Claims 14.15 Computation of Times 17.2.1-17.2.2 Concerning Subcontractors. Suppliers and Others 6.8-6.11 Conferences - initially acceptable schedules 2.9 preconstruction 2.8 Conflict, Error. Ambiguity. Discrepancy - CONTRACTOR to Report 2.5. 3.3 2 Construction. before stan.ug 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 11 Change of Contract Times 12 Changes in the Work 10.4-10.5 check and verify 2.5 Clarifications and In•erpretations 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 7.2 Reporting and Resolving Discrepancies '_.5, 3.3 Reuse of 3.7 Supplementing 3.6 Termination of ENGINEi.R'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. 1 1.2-1 1.3 Change of 11 Decision on Disputes 9.11 definition of 1.1 1 Contract Times - adjustment of 3.5. 4.1.9.4. 10.3. 12 Change of 12.1-12.4 GC- 5 Commencement of definition of Article or Paragraph Number .3 1.12 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. t,.16. 6.18. 6.21-6._23. 7.2. 13.2 Shop Drawing and Sample Review Prior to Submtttal . 6.25 Stop V.:•rk requirements 4.5.' CONTR. CTOR's- Comoensation . 11.1-11.'_ Continuing Obligation 14.15 Defective Work 9.6. 13.10-13.14 Duty to correct defective Work 13.11 Duty to Repon- 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 4.3.3 Emergencies 6.23 Equipment and Machinery Rental. Cost of the Work 11.4.5.3 Fre-Cost-Plus 11.4.5.6. 1 i .5.1. 11.6 General Warranty and Guarantee 6.30 Hazard Communication Programs 6.2_1 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 C.30 Patent Fees and Royalties. paid for by 6.12 Performance and Other Bonds 5.1 Permits, obtained and paid for by 6.13 Process Schedule 2.6, 2.8. 2.9, 6.6. 6.29, Request for formal decision on disputes Responsibiiities-- Changes in the Work Concerning Subcontractors. Suppliers and Others . 6.8- 6.11 Continuing the Work 6 29. 10.4 CONTRACTOR's expense 6.7.1 CONTR AL iUR's General Warranty and Guuan- tee 10.4. 15 2.1 9.11 10.1 6.30 CO NTRACTO R's review pnur to Shop Drawing or Sam- ple submittal 6.25 Coordination of Work 6.922 Emergencies .. 6.23 ENGINEER'S evaluation. Substitutes or "Or -Equal" Items 6.7 3 ,Article or Parus;raph .Vumher For Acts and Omissions of Others . 6 9 1-6.9 2. 9 13 for deductible amounts. insurance 5.9 general . . . . 6. 7.2_. 7 3. 8 9 Hazardous Communication Programs . . . 6.22 1ndemnificjtwn 6.31-6 33 Labor. Ma.enals and Equipment . . . . . . . . . 6.3-6.5 Laws and Regulations 6 14 Liability Insurance . . 5.3 Notice of vanation 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 pnur to ENGINEER'S approval of required submittals . 628 safe structural loading . . 6 18 Safety and Protection . 6 20. 7 2. 13 Safety Representatise 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 Substitute Construction Methods and Procedures 6 7 2 Substitutes and "Or -Equal" Items 6.' 1 Supenntendence .. 6.2 Supervision 6 ' Survival of Obligations 6 34 Taxes o.15 Tests and Inspections 13 5 To Report 2 5 Use of Premtses 6.16-6 I' . 6.30.'_ 4 Review Pnor to Shop Drawing or Sample Sjbmittal . 6 25 Right to adjustment for chznges in the Woo. . .. 1n nght to claim .. 4. 9 4. 9.5. 9.11. 10.2. 1 17.1. 2. 11.9. 12_.1. 13.9. 14.8. 15.1, 15.5. 17 3 Safety and Protection 6.20-6.22. 7 2. 13 Safety Representative 6'-1 Shop Drawings and Samples Submittals 6.24-6.2_3 Special Consultants 1 1 4 4 Substitute Construction Methods and Procedures Substitutes and "Or -Equal" Items. Expense . 6.7.1. 6.- 2 Subcontractors. Suppliers and Others 6 8-6.11 Supervision and Superintendence 6 1 6.2. 6 21 Taxes. Payment by 6.15 Use of Prer.""ses 6.16-6.18 Warranties and guarantees 6.30. 6.5 Warranty of Title 14 3 Wntten Notice Required - CONTRACTOR stop Work or terminate 15 5 Reports of Diffenng Subsurface and Physical tions . . . . . . .. Substantial Completion CONTRACTORS -other Contractual Liability Insurance Contractual rune Limits Coordination Condi- '48 7 5410 12-2 GC- 6 Article o- Paragraph .Vurnher CONTRACTOR's responsibility . 6.9 Copies of Documents 2.2 Correction Penod 13.1'_ Correction. Removal or Acceptance of Defective Work in general 10.4.1. 13.10-13 14 Acceptance of Defective Work Correction or Removal of Defective Work .. .. 6.30 13.11 Correction Penod 13.12 OWNER May Correct Defective Work OWNER May Stop Work Cost - of Tests and Inspections 13 4 Records 11 7 Cost of the Work - Bonds and insurance..dditional 11.4.5.9 Cash Dis,:ot,nts 11.4.2 CONTRACTOR's Fee 11.6 Employe.: Expenses 11.4.5.1 Exclusions to 11.5 General 11 4-11.5 Home office and overhead expenses 11.5 Lob .es and damages 11.4.5.6 M-.tenals and equipment 11.4.2 Minor 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. permit, and license fees 11.4.5.5 Site office and 'emporary facilities 1 :.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 1 1.4.2 Utilities. fuel and sanitary facilities 11.4.5.7 Work after regular hours 11.4.1 Covenng Work 13.6-13.7 CumLlative Remedies 17.4-17.5 Cutting. fitting and patching 7.'_ Data. to be furnished by OWNER 8.3 Day -definition of 17.22.2 Decisions on Disputes 9.11. 9.12 defective -definition of I.14 defective Work - Acceptance of 10.4. I. 13.13 Correction or Removal of 10.4.1. 13.11 Correction Penod 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 Re_ecting 9.6 Un ovenng the Work 13.8 Definitions Delays 4.1. 6.'_9. 12.3-12.4 Delivery of Bonds Delivery of certificates of insurance '_.1 _.7 Article or Paragraph Number Determinations for Unit Pnccs 1 10 Diffenng Subsurface or Physical Conditions Notice of 4 2.3 ENGINEER'S Review 4 2.4 Possible Contract Documents Change 4 2.5 13.13 Possible Pnce and Times Adju•.tments 4.2.6 Discrepancies -Reporting and Resolving . . . . 2.5. 3.3.2. 6.14.2 Dispute Resolution - 13.14 Agreement 16.1-16.6 13.10 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 22.22 Record 6.19 Reuse of 3.7 Drawings --definition of 1.15 Easements 4.1 Effective dlte of Agreement -definition of 1 16 Emergencies 6.23 ENGINEER - as initial interpreter on disputes 97:1-9.12 definition of 1.17 Limitations on authonty 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 ,pons: tlity, limitations on 9.13 Authorized Va-atrons in the Work 9.5 Change Orders. responsibility for 9.-- 10. 1 1. 12 Clanfications and interpretations 3.6.3. 9.4 Decisions on Disputes 9.11-9.12 defective Wurk. nouce of 13.1 Evaluation of Substitute Items 6.7.3 Liability 6.32. 9.12 Notice Wor. is Acceptable 14.13 Obser ations 6.30.2. 9.2 OWNt".R's Representative 9.1 Paym .nts to tnc CONTRACTOR, Responsibility for 9.9. 14 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 6.36 Status During Construction - authorized variations in the Work 9.5 Cla;-iicatrons and Interpretations 9 4 Decisions on Disputes 9.11-9.12 Doerminations on Unit Pnce 9.10 ENGINEER as Initial Interpreter 9.11-9.12 ENGIN EER's Responsibilities 9.1-9.12 GC- 7 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 Ordei s and Payments 9.7-9.9 Visits to Site 9.2 Unit Pnce Det^rminations 9.10 Visits to Site 9 2 Wntten consen, required 7 2. 9.1 Equipment. Labor. Materials and 6.3-6.5 Equipment rental. Cost of the Work 11.4.5.3 Equivalent Matenals and Equipment 6.7 Errors or omissions 6.33 Evidence of Financial Arrangements 8.11 Explora:rons of physical conditions 4.2.1 Fee. CONTRACTOR s--Costs-Pius 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 NJtice 17.1 Guarantee of Work -by CONTRAL-JUR Hazard Communication Programs Hazardous Waste- definrtion of 1.21 general 4 5 OWNER'S responsibility for 6.30. 14.12 6.22 8 10 Indemnification 6.12. 6.16. 6.31.6.33 Initially Acceptable Schedules Inspection - Certificates of 9.13.4, 13.5. 14.12 Final 14.11 Special. required by ENGINEER 9.6 Tests and Approval 3.7, 13.3-13.4 Insurance - Acceptance of. by OWNER 5.14 Additional, required by changes in the Work 11.4.5.9 Before starting the Work Bonds and -in general 5 Cancellation Provisions 5.8 Certificates of .. 2.7. 5. 5.3. 5.4.11. 5.4.13. 2.7 completed operations CONTRALIUR's Liability 5 4 CONTRACTOR s objection to coverage . . . 5 14 Contractual Liability 5.4.10 2.9 5.6.5. 5.8. 5.14. 9.13.4. 14.12 5.4.13 Artie le rir. Parutruph ,Number deductible amounts. CO'JTRACTOR's responsrbilrt ........... . . Final Application fur Payment Licensed Insurers .59 is 12 .53 Notice requirements. material changes . . . . . .. . . . . . . . . . .. . 5 8. 10 50 Option to Replace 5.14 other ,pectal insurances 5 10 0µ ER as fiduciary for insureds . . . . . . . 5 1'_-5.13 OV'•ER', 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 . . . . . . . . . . . . . . . . .. . Waiver of Rights 5 II Intent of Contract Documents 3.1-3.4 Interpretations and Clanfica:ions 3 6.3. 9.4 Invesa€awns 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 Work. 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 Referen. a to 3.3.1 Satety 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.' Liability Insurance - CONTRACTOR s 5.4 OWNER's 5.5 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 authonty and responsibilities 9 13 Limited Reliance by CONTRAL R)R Authorized 4.2.2 Maintenance and Operating Manuals - Final Application for Payment . . . .. . . . . 14 12 Manuals lof others Precedence .. 3.3 3.1 .. 5.10 Article or Partrtraph vunrner Reference to in Contract Documents . 3 3 1 Material, and equipment- furni,hed by CONTRACTOR . 6 3 not incorporated in Work • • 14 2 M.ttenals or equipment -equivalent 6 7 Mediation (Optional) . . . . . . . . . . . . . . . . . . . 16.7 till _,tones -definition of . 1 24 Miscellaneous - Computation of Tim_s Cumulative Remedies .. Giving Notice . .. . Nonce of Claim Professional Fee, and Court Costs Included .. Multi-pnme contracts Not Shown or Indicated 4.3.2 Nonce of - acceptability of Project 14 13 ward. definition of .. 1.25 Claim . . . . . 17.3 Defects. 13 1 Difennc 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 10 5 Observations. by ENGINEER 6.30. 9.2 Occup tncy of the York 5.15. 6.30.2.4. 14.10 Omissions or acts by CONTRACTOR 6.9. 9.13 ' Open peril" policy form. Insurance 5.6.2 Option to Replace 5 14 "Or Equ..l" Items Other work 6.7 7. Overtime Work -prohibition of 6.3 OWNER - Acceptance of defective Work 13.13 appoint an ENGINEER 8.2 .t, fiduciary Availability of Lands. responsibility definition of data. furnish performance of other Work perms and licenses, requirements purchased insurance requirements OWNER._. Acceptance of the Work 6.30.'_.5 Chance Orders. obligation to execute .. . . . . . . . . Communications . Coordination of the Work Disputes. reque,t for decision '_.3 5.12_-5.13 4.1 1.37 8.3 May Correct Defective Work 13.14 May refuse to make payment 14.7 May Stop the Work ..w.... 13.10 may suspend work. terminate . 8.8. 13.10. 15.1-15.4 Payment. make prompt 8.3. 14.4. 14.13 7.1 6.13 .. 5 6-5 i0 Inspections. tests and approvals Liability Insurance . Notice of Defects 13 1 Representative -During Construction. ENGINEER'S Status .. . . . . .. .. . . 9 1 Responsibilities - asbestos. PCB's. Petroleum. Hazardous Waste on Radioactive Matenal . . . . . . . . . . 8 10 17.2 Change Orders .. 8.6 . . 17 4 Changes in the Work . . . 10 1 17 1 communications 8 1 17.3 CONTRACTOR'S responsibilities 8 9 .. 17.5 evidence of financial arrangements . . 8 11 7 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 ,uspet:d Work 8.8. 13 10. 15 1 termina.e CONTRA(.IUF,'s servi:es 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 wntten notice required . 7.1. 9.4. 9.11. 11 2. 1 1 9. 14.7. 15 4 PCBs - definition of . 1.29 general .. s 5 OWNER's responsibility for . . 8 10 Partial Utilization - definition of -- - • 1 28 general 6.30.2_.4. 14 10 Property Insurance 5 15 Patent Fees and Royalties 6.122 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 14.11 Final Payment and Acceptance . . . . . . . . . . . . . . 1;.13-14.14 general 8.3. 14 Partial Utilization 14.10 Retainage 1't.2 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 8.6. 10.4 v.hen payments due . . . 14 4. 14 13 . . . 8.1 withholding payment 14 7 . 7.4 Performance Bonds .. .. • • 5 :-5 9 11 Permits . .. 6 13 Article or Porat:rupit ,\unrher 8.7. 13 4 55 GC- 9 Petroleum - definition of . eneral Article or Parut'raph Vumher 1 30 4.5 O W N ER's responsibility for 8.10 Physical Conditions - Drawings of. in or relating to ENGINEER', review 4.2.4 existing structures 4.2.2 general 4.2.1.2 Subsurface aid. 4.'_ Underground Facilities 4.3 Possible Contract Documents Change 4.2.5 Possible Pnce and Times Adjustments 4.2.6 Reports and Drawings 4.2.1 Notice of Diffenng Subsurface or. 4._.3 Subsurface and 4.2 Subsurface Conditions 4.2.1.1 Technical Data. Limit:d Reliance by CONTRACTOR Authonzed 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 2 Preliminary Schedules 2.6 Premises. Use of 6.16-6.18 Pnce. Change of Contract 11 Pnce. Contract- lefinition of 1 11 Progress Payment. Applications for 14.2 Progress payment-retainage 14.2 Progress schedule. CONTRACPOR's 2.6. 2.8.'_.9. 6.6. 6.29. 10.4. 15.2.1 Project -definition of 1.31 Project Representative- ENGINEER's Status Dunng Construction 9.3 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' receipt and application] proceeds 5.12-5.13 Protection. Safety and Punch list Radioactive Matenal- definition general OWNER's responsibility for Recommendation of PavmLnt 14 4. 14.5. 14.13 Record Documents 6.19. 14.12 Records. procedures for maintaining Reference Points . . . 6.20-6.21. 13.2 14.11 1.32 4.5 8.10 '_.8 44 Reference to St::ndards and Specifications of Technical Societies 3.3 Article or Paragraph Number Regulations. Laws and tort . . . . . . . . . . . . . . . . . .. 6.14 Rejecting Defective Work 9 6 Related Work - at Site Perforrred pnor to Shop Drawings and Samples submittals review Remedies. cumulative 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.'_. 614.2 Report., - and Drawings and Tests. OWNER's responsibility . . . . . . . .. Resident Project Representative - definition of provision for Resident Superintendent. CONTRACTOR's Respcnsibilities- CONTRACTOR. s -in general 6 ENGINEER's-in general 9 Limitations on 9 13 OWNER's-in general 8 Retainage 14 2 Reuse of Documents . . . . 3.7 Review by CONTRACTOR: Shop Drawings and Samples Pnor 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 general 6 20-6.23 Representative. CONTRACTOR's 621 Samples - definition of 1 3.4 general 6.24-6.28 Review by CONTRACTOR 6 ZS Review by ENGINEER 6.26. 6:7 related Work 6 28 submittal of 6 24.2 submittal procedures 6_5 Schedule of progress 2.6. 2.8-2.9. 6.6. 6.29. 10.4. 15.2.1 Schedule of Shop Drawing and Sample Submittals '_.6._.8-'_.9. 6.2_4.6.28 Schedule of Values 3.6. 3.6-2.9. 14 I Schedules - Adherence to Adjusting Change of Contract Times Initially Acceptable Preliminary Scope of Changes Subsurface Conditions 7 1.7.3 6 28 174. 17 13.11 4 2.1 ..84 • .. 1 33 . 93 6; 15.2.1 6.6 104 2.8-2.9 26 10.3-IO 4 4.2.1 1 GC- 10 - 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 ENGINF.ER's responsibility for review 9.7. 6.24-6.28 related Work 6.28 review procedures 2.8. 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- bv ENGINEER . 9 _'. 13.2 by others 13.1 "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 any equipment 4.1. 7.2 Structural Loading. Safety 6.18 Subcontractor - Concerning. 6.8-6.1 I definition of 1.37 delays 1'_.3 waiver of rights 6.11 Su5ontractots--in general 6.8-6.11 Subcontracts -required provisions 5.11. 6.1 . 11.4.3 Submittals - Applications for Payment 1»•22 Maintenance and Operation Manuals 14.12 Procedures 6.25 Progress Schedules 2.6. 2.9 Samples 6.'4-6 Sched.le of Values '-.6. 14.1 SchecJe of Shop Drawings and Samples Submissions '_.6. 2.8-2.9 Shop Drawings 6.24-6.28 Subsr4ntial Completion- ceriffcation of 6.30.'_ 3. 14.8-14.9 definition of 1.38 Substitute Construction Methods or Procedui es 6.7.2 Substitut:s and "Or Equal" Items 6.7 CONTRACTOR's Expcnse 6.7.1.3 ENGINEER's Evaluation 6 7.3 "Or -Equal" 6.7.1 Substitute Construction Methods of Procedures 6.7.2 Article or Paragraph Arta le or Parr:e-uph !slumber Number Stiostaute Items . . . . t. 7 1 2 Subsurface and Physical Conditions - Drawings of. in or relating to 4 22.1 ENGINEER's Review 4'.4 general 4 ' Limned Reliance by CONTRA(- IUR Authorized Notice of Diffenng Subsurface or Physical Conditions 4 2.3 Physical Conditions 4 2.1 2 Possible Contract Documents Change . . . . . . . . 4.2.5 Possible Pnce and Times Adjustments 4 2 6 Reports and Drawings 4 2 1 Subsurface and . 4.2 Subsurface Conditions at the Site 4'.1 I Technical Data Superrision- CONTRACTOR s responsibility 6 I OWNER shall not supervise . . . . . . . . . . . $ 9 ENGINEER shall not supervise . . . . . . . . . . 9.'. 9 13 '- Superintendence . 6 Supenntendent. CONTR.-\CTOR's resident . 6' Supplemental costs I 1 4 5 Supplementary Conditions - definition of - 1 39 principal reference to . . . . 1.10. 1.18. 2.2_. 22.7. 4.2_. 4.3.5 I. 5.3. 5.4.5.6-5.9. 5.11. 6.8. 6.13. 7.4. 8.11. 9 3. 9 10 Supplementing Contract Documents . 3 6 Supplier - definition of . 140 pnncipal references to 3 7. 6.5. 6 S-6 1 1 . 6.20. 6._24.9 13. 14 12 Waiver of Rights 6 II Surety - consent to final payment J4.12. 14 14 ENGINEER has no duty to . .. 9.13 Notification of 10.1. 10.5. 15 22 qualification of 5.1-5 3 Survival of Obligations 6.34 Suspend Work. OWNER May 13 10. 15 1 Suspension of Work and Termination- I5 CONTRACTOR May Stop Work or Terminate 15.5 OWNER May Suspend Work . 15 1 OWNER May Terminate 15'-15 4 Taxes -Payment by CONTRACTOR 6.15 Technical Data - Limited Reliance by CONTRACTOR 4 2 - Possible Price and Times Adjustments 4 2.6 Reports of Diffenng Subsurface and Physical Conditions .. . . . . . . . . . . . 4 3 Temporary construction facilities 4 1 Termination - by CONTRACTOR by OW,•;Eit 8.8. 15 1-15 4 of ENGI. EER's employment $ 2 Suspension of Work-in general . ._ . . . . . . . . . . .. . 15 Terms and Adjectives 3 4 Tests and Inspections - 4 22 4 2.2 15 5 GC- 11 commencement of contract times precunstruction conference _.8 schedules 2.6. 2.9. 6.6 starting the Work 2.4 Title. Warranty of I4.� Uncovenng Work I3.8-13.9 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 Pnce Work — claims 11.9.3 definition of 1.42 general 11.9. 14.1. 14.5 Unit Prices — general . I I.3.1 Determination for 9 10 Use of Premises 6.16. 6.18. 6.30.2.4 Utilriv owners 6.13. 6.20. 7.1-7.3. 13.2 Article ur Parat raoli Number Acci , to the Work. h} other 13 2 CONTRACTOR'S responsibilities 13.5 cast of . 13 4 covenniz Work pnor to . 13.6-13 7 Laws and Regulations (orl . . . . . . . . . . .. . . . . 13 5 Notice of Cefects .. 13.1 OWNER \la% Stop Work . . . . . . . . . . . . . . . 13 10 OWNER'. independent testing 13 4 special. required by ENGINEER 9.6 timely notice required 13 4 Uncuvenni_ the Work. at ENGINEER's request 13.8-13 9 Times -- Adjusting 6.6 Change of Contract 12 'ulusting 6.6 C,.mputation of 17.'_ Contract Times —definition of 1.12_ day 17.72 Milestones 12 Requirements — .appeals 16 cianfications. Llaims and disputes 9.11. 11.2. 12 _.3 Article or Parat'raph Utilization. Partial . . . 1 28. 5.15. 6 30. 2.4. 14 10 `;'.clue of the Work . . . . . . .. 1 1 Values. Schedule of .. '_.6._.8-2.U. 14 1 Vanations in Work —Minor Authorized . 6 25. 6 '_7 9 5 Visits of Site —by ENGINEER 9 2 Waiver of Claims -on Final Payment .. .. .. . . 14 15 Waiver of Rights by insured panic, 5 1 1 . 6 11 Warranty and Guarantee. General —by CONTF'.ACTOR . . . 6 30 'Warrants of Title. CON rRACTOR's 14 3 Work — Access to 13 2 by others. .. 7 Changes in the . . . . . . . . . . . . . . )0 Continuing the, . . . . .. .. . . . . . . . . . . . . 6 29 CONTRACTOR May Stop Work or Terminate . 15 5 Coordination of . .. . . . . . . . . . . . . ' 4 Cost of the 11 4- f I definition of . 1 43 neglected by CONTRACTOR other Work OWN .R May Stop Work OWNER May Suspend Work 13 1.07.11:31.5:0; Related. Work at Site Starting the 2 4 Stopping by CONTRACTOR .. 15 5 Stopping by OWNER . 15 1-15 4 Vanation and deviation authonzed. minor 3 6 Work Change Directive — claims pursuant to 10.2 definition of 1 =' principal references to . . . 3.5.3. 10.1-10 Wntten Amendment — definition of 145 pnncipal references to . . . 1.10. 3.5. 5.10. 5.12. 6.6.'_. 6.8.2. 6.19 10.1. 10.4. 11.2. 12.1. 13.12.2. 14 7_ Written Clanficaticns and Interpretations . 3.6.3. 9 4. 9.11 Written Notice Requr:d— by CONTRALJUR 7.1.9 10-9.11. 10.4, 11 2. 12_.! by OWNER 9.10-9.11. 10.4. 11 2. 13 14 GC— 12 GENERAL CONDITIONS ARTICLE t—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 singtIar and plural thereof: 1.1. Addenda—Wntten or graphic Instruments Issued pnor to the opentng of Bids which clarify. correct or change the Bidding Requirements or the Contract Documents. 1.:. Agreement —The written contract between OWNER and CONTRACTOR covenng the Work to be performed: other Contract Documents are attached to the Agreement and made a na:t 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 suomitted on the prescribed forty setting forth the pnces for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid. instructions to bidders. the Bid torm. and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invita- tion to Bid. instructions to bidders. and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of secunty. 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 Pnce or the Contract Times. issued in or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents). CONTRAC IOR's Bbd (including documentation a_companving the Bid and any post Bid documentation submitted pnor to the Notix of Award) when arached as an exhibit to the Agreement. the Not:se to Proceed. the Bonds. these General Ccndit:ons. the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specifically identified in the Agree- ment. togethe- with all Wntten Amendments. Change Orders. Work Change Directives. Field Orders and ENGINEER'S Wntten interpretations and clanficat►ons issued pursuant to paragraphs 3 5. 3.6.1. and 3.6.3 on or after the Effectry 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. 1 I. 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 Pnce Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (il to achieve Substantial Completion. and lii) 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 wuh 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- ment4, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents. or has been damaged pnor to ENGI- NEER's rerommendation of final payment (unless responsi- bility for the protection thereof h..s been assumed by OWN ER 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 CONTRACTOR and which have been p:epared 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 t. sign and deliver. 1.17. ENGINEER —Tile 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 ENGiNEEi to turn►sh services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who .s identified as such in the Supplementary Conditions. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Pnce or the Contract Times. GC— ) 3 1.20. General Requirements —Sections of Division 1 of the Specifications. 1.21. Hazardous Waste —The tern 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 Reeiilations: Laws or Rd:uiatrons—Any and all applicable laws. rules. regulations. ordinances. codes and orders of any and all governmental bodies. agencies. authonties and courts having junsdiction. 1.23. Liens —Liens. charges. secunty interests or encum- brances upon real property or personal property. 1 24 ,.;,lestone—A principal event specified in the Con- tract Documents relating to an intermediate completion date or time pnor to Substantial Completion of all the Work. 125. Nonce of Award —The wntten notice by OWNER to the apparent successful bidder stating tha: 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 wntten noucegiven 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 oblicatior.s uncle- the Contract Documents. 1.27. OWNER —The public body or autho-ity, corpora- tion, ass,- -iation. firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNE.R of a substan- tially completed pars 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 fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pound; per square inch absolute). such as oil. petroleum. fuel oil. oil sludge, citl 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 unc;er the Contract Documents may be the whole. or a part as indicated elsewhere in the Contract Documents. (.32. Radioactive ,%atenal—Source. special nuclear. or byproduct material as defined by the ',comic Ene-gy 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. . mp1et—Physical examples of matenals. 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 Draw•ines—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 wntten technical descriptions of maten- als. equipment. construction systems. stanu.trds and workman- ship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual. fire or corporation having a direct contract witn 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 St.'-stantial Completion. it is sufficiently com- plete. in accord. -...,:e with the Contract Documents. so that the Work (or specified nart) can be utilized for the pu: poses for which it is intended: or if no such certificate is issued, when the Work is complete and ready for fir.al payment as evidenzed 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 Complenon thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A manufacturer, fabricator, supplier, dis- tributor, matenalman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish maten- als or equipmen. to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. Under,•round Facilurrs—All pipelines. condi nts, 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 matenals: electncity. 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. Una Price Work -Work to be paid for on the basis of unit prices. GC- 14 1.43. 1•iorf.—The entire completed construction or the var- ious separately identitwble parts thereof required to be fur- nished under the Contract Documents. work includes and is the result ,of p rfonniri• or furntshin: labor and furnishing and incorporating matenats and equipment into the construction. and perfonnirg or furnishing services ar.d furnishing docu- ments all as required by the Contract Documents. 44 Work Change Direr tri a —A wntten directive to CON- TRAC:IOF.. issued on o: after the Effective Date of the Agreement and signed by OH NER and re ommended by ENGINEER. order; ig an addition. deletion or revision in the work. or responding to Jif :ring or unforeseen physical condi- tirms under which the Wore, is to be performed as pro. ,sled in p--mgraph 4.2 or 4.3 or to emergencies under paragraph t,.23. A 'ork Change Duceye • .got change !he Contrct Pnce or the Contract Times. bL :: • aience that the parties expect that the ch. nge directed of docu rented h.. a Wot 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 tn_ C.:tract Price or Contract Times as provided in paragraph 10.2. 1.45 rater! Amendment —A wntten amendment of i•e Contr.::: Documents, signed OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with tt.: nonenginernng or nontechni.:al rather than stnctiy construction -related aspects of the . .tntract Docu- ments. ,.RT1CLE 2 —PRELIMINARY MATTERS De:ivery of Bonds: 2j. . Vv her. CONTRACTOR delivers the executed Agree- ments to GA '' ER, CONTIACTOR shall alsc deliver to Ow NER such Bono_ as CONTRACTOR may be -equired to furs .h in accordance with paragraph S.I. Cops, , rf Documents: 2.2. OWNEi, shall furnish to CONTRACTOR up to ten conies (unless o nerwise sxcified in the Supplementary Con- ditions) of tht ontract Documents . are reasonably neces- sary for the • . cution of the Work. A.._':tional copies will be furr.:shed, upur. request, at the cost of reproduction. Commencement of Co.urrrt Tines; Nonce in Proceed: 2.3. Ttie Contract Times will commence to run on the thiri- eth day after the Effective Date of the Agr-e^ment. or. if a Notice to F roceto is given. on the day indicatz-. in rye Nc:ice to Proceed. A \ouce t , Proceed may he given at any urn:: within thirty days after the Effective Date of tn.: A-eement. In no event trill the Contract Times commence to run later than the srstieth day after the d iy of Bd opening or the thirtieth day after the Effective Date of thc Agret ment. whichever date is earlier. Startling the Work: 2.4. CONTRACT ►R shall start to pertrrm the Work on the date when the Contract Times commence to run. hut no Work shall be done at the site pnor to the date on which the Contract Times commence to run. Before Starting Consor rr•on: 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefully study and compare thc Corn act Documents and check and venfy pertinent ti¢ures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflic:. error. ambiguity or discrepancy which C )NTRAC- TU,_ may discover and shall obtain a wr. t"n :-tc-pretation or cianfication from ENGINEER before proceeding with any 'Fork affected thereby. however. CONTRACTOR shall not t e liabic to OWNER or ENGINEER for failure to report any con: .t. error. ambiguity or discrepancy in the Contract Doc- uments. uni...s CONTRACTOR 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 for res.iew: 2.6.1. a preliminary progress s hedule indicating the times (nurr bers of days or dates) for starting and c,,rnr'eting the various stages of the Work. including i.r.y -wlilestones specified in the Contract Documents: 2.6.2. a preliminary schedule of Shop Draw ig and Sam- ple sutmittals wtach wi;1 list .:acn required submittal and the times for submitting. reviewing and proLesstng such submit- tal: 2.6.3. a preliminary schedule of . alues for all of the Work which will include quantities and pnces of items aggregating the Contract Price and will subdi% i de 'he Work into component parts in sufficient detail to serve as the basis for progress payments dunnc a,nstructron. Such pnces wall include an appropriate amount of overnead and profit appi,- cable to each Item o: Work. 2 7. Before any Work at the site is started. CONTRACTOR and OWNER shall cach deliver to the other. 'dith copses to each additional insured identified in the Supplementary Cond.- tions. certtfic::es o insurance (and other evidence of insurance which either or then rr am additional insured nia% reasonably request) which CO:' 7RACTOR and OWNER respectively are required to purcha,: and rnaintarr in accordan..c with para- graphs 5.4. 5.6 and 5.7. Prrconsouctwn Conference: 2.8. Within two^ty days after the Contract Times star. to run. but before any Work at the site is started. a conference GC -15 attenc:d by CONTRACTOR. ENGINEER and others as ap- propnate will be held tr estaniish a working understanding • among the parties as to the Worx and to discuss the schedules referred to in paragraph 2.6. procedures for handling Shop Drawings .and other submittals. processing Applications for Payment ..nd maintaining required records Initially .4 cceptable Schedules: 2.9. Unless otherwise provided in the Contract Docu- ments..: least ten day, h. ;ore submiss.on of the first Applica- tion Mr t-tvment .i c;.r 'erence attended by CONTRACTOR. ENGINEER and o: hers as a:ivropnate will be held to review tor acc_ptabt!r.y it, ENGINEER as provided below the sched- ule abmtttec t-, accordance •.t:'i paragraph 2.6. CONTRAC- TO, , shalt have an additional ten days to make corrections and adjustments and to complete and resubmit the sche::.ileL. No progress payment shall h. made to CONTR.4.: TOR until the schedtitrs ,are submitted to and axeptai,le to ENGINEER as provio:c ,eiow. The progress schedule will be acceptable to ENGINEER as pr.ividtng an orderly progression t.f the Work to completion w ithtn any specified Milestones and the ta;ntract Times. bt.. 'tacit acce^lance will neither impose on ENGI- N t'ER responsibility f s• the sequencing. scheduling or progress of the H r nil tnterfc: r• with or relieve CONTRACTOG\ from CONTi`..ACTOR's full :-'ponsibility therefor. CONTRACTOR's schedule of Shoo Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable atrange- mene for reviewing ano processing the rtyuired submittals. CONTRACTCR's schedule of values will b: acceptable to ENGINEER as to form and substance. ARTICL'? 3 —CO" TRACT DOCU"rCNTS: INTENT, AMENDING. REUSE /ntenrz: 3.1. The Contract Documents compnse the entire agree- ment between OWNEP and CONTRACTOR concerning the Work. The Contract Documents are compiemertan: what is called for by one is as binding as if cane,; f. - by all The Contract Documents will be construed in accoraance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functional'v cr-plete Project (or part :hereof) to he con- structed in a. --o• ',nee with the Contract Document.. Any Work, matena:s r• equipment that may reasonably be inferred from the Conr-alt Documents or from prevailing custom or trade usage a, be'ng required to produce the icrended result will be fern '.eo and performed whether or not specifically ::fled ( \A nen words or phrases which have a well- known technica: or constriction tnc.istry or trade meanin£ are used to aescnbe 1A;o-k. matenais or equipment. such words or phrases shall be. interpreted in accordance with that melning. Cla;in- c..rions and interpretations of the Contract Documents shall oe is, red by ENGINEER as provided in paragraph 9 4. 3.3. Reference to Standards and Specrfu-aaans of Technical Socretu‘. Reporanp and Rr oiwng Discrepancies: 3 3.1. Reference to standards. specifications. manuals or codes of any technical society. organization ur association. or to the Laws ur Regulations of any governmental authunty, whether such reference be specific or by implication. shall mean the Iateat standard. specification. manual. code or Laws or Regulations to effect at the time of opening of Rids or. un the Effectise Date of the Agreement if there we,c no Bids). except as may be otherwise specifically stated in the Contract Documents. 3.3.2. 1t. during the performance of the Wi rk. CON- TRACTOR discover any conflict. error. amble'. ,y or dts- ,repa..c'. within the Contract Documents or between the Contract Cxum-its and any provision of am such Law ur Regulat..'n applicable :o the p a.xmance of 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 orce. and. CONTRACTOR shall not proceed with the W rk affected thereby (except in ar emerge^c:. as authonzed by parag-.rh 6.23) until an amen,itnent of s•:npiemcnt to the Contract Documents has been issued h•. one of the me:hnd indicated in r ragraph 3.5 or 3.6; pre rded. however r'iar CONTi::AC1L`- shall not be liable tr ''WNER or EN; :- NEER for fai.: to report any such conflict. error. ambrc,- r.y or ;r• •:epar.cy unless CONTRAC IUR knew or reason- ably <nr:uld have known r creof. 3.3 3. Except as otherwise specifically stated in the Contract Documents or as may he provided by amcnlment or supplement thereto i•.sued by one of the methods indi- cated ir. 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 Jf any such standard. speci- fication. manual. code or instruction t whether or not specifically incorporated by reference in the Contract Documents). or 3.3.3._. the provisions of any such Laws or Regu- lations applicable to the performance of the Work (unless such an interpretation of the provisions of t:te Contract Documents would result tr '. tolation of su.-h Law or Regulation:. No provision o' .any such standard. spe.ificatioc. manual, code or tnstructr.r. hal; be effective to change the duties and responsibilities ofOWv ER. CONTRA[_ FOI or ENGINEER. or any of their sub..ontractors. consultants. agents. or em - plovers trom those s •, forth in the Contract Documents. nor shall tr be eftecuve to assign to OWNER. ENGINEER or ary of ENGINEER's Consultants. agents or employees any duty or authonty to supervise or direct the furr•shi'ig ,,r performance of the Work or any duty or authority to under- take responsibility inconsistent with the provtsi-,ns of para- graph 9.13 ur any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms "as ordered." "as dir:cted." "as required." "a, allowed." "as approved" or terms of like effect or import are used. or the adjectives "reasonable." "suitable." "acceptable." "proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement. direction. review or 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 w hole as shown or indicated in the Contract Documents runless there is a specific statement indicating otherwise). the use of any such term or adjective shall not be effective to assign to ENGI- NEER a,ly duty or authority to supervise ur dnect thc 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 thc terms and conditions thereof in one or inure of the following ways: 3.5.1. a formal Wntten 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 vanations 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'3"approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGiNEER's wntten interpretation or clarifica- tion (pursuant to paragraph 9 4). Reuse of Documents: 3.7. CONTRACTOR. and any Subcontractor ur Supplier or other person or organtzation performing or furnishing any of the Work under a direct or indirect contract with OWNER (t) hall not have or acquire any title to or ownership nghts in any of the Drawings. Specifications or other document, for copies of any thereof) prepared by or beanng the seal of ENGINEER or ENGINEER's Consultant. and tin shall not reuse .inv of such Drawings. Specifications. other document, or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific wntten venfication 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 C' n: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. OWNER 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 encumrrances or restrictions not of general application but specifically related to use of lands so furnished with whi:h CONTRACTOR 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 Ow NER are unable t� agree on entitlement toot th; amount or exter' of any adjustments in the Contract Price or the Contract Tines 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. CONTRACTOR 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: 4.2.1. Reports and D. airings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditiaas at or contiguous to the site that have been utilized by ENGINEER in prepanng the Contract Documents: and 4.2.1.2. Physical Conditions: Those drawing, of physical conditions is or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. GC -17 4.2.2. I tried Reliance he C ONTRAC7DR Authorized: Technical Doti:. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such retorts and drawings. but such report' and drawings are not Contract Documents. Such "technica' data is identified in the Suppb - mentary Conditions. Except for such reliance on such "tech- nical data." CONTR ACTOR may not reiv upon or make any claim against r )WNER. ENGINEER or any of ENGiNEER's Consultants with respect to: 4 2.2.1 the c ompieteness of such reports and drawings for CONTRACTOP'' purposes. including. but not limited to. any aspects of toe means. methods. techniques. se- quences and procedures or construction to be employed by CONTRACTOR an s..fety precautions and programs inci- dent thereto. or 4 2.2.2_. other data. interpretations. opinions and infor- mation container, in such reports or shown or indicated in suc.i drawir..s. or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or eny such data. interpretations. opinions or information. 4.2.3. Notice of Differing Su/surface or Phy.itcai Condi- tions: if CONTRACTOR believ"s 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 provider in paragraphs 4.2.1 and 4.2.2 is mctenally in.,curate. or 4.2.3.2. is of such a natu.e as to require a change in the Coraract Documents. or 4 2.3 3. differs materially from that shown or indicated in the Con ,ct Documents. or 4.2.3.4. is of an unusual nature. and differs materially from conditions ordinanly 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 fun:ter disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergen.y as permitted by paragraph 6.23). notify OY. N ER and ENGINEER in wnting about such condition. CONTKAC- TOR shall not further disturb such conditions of perform any Wori. ir. ,:onnection therewith (except as aforesaid) until re- ceipt 0;' wntten 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 ad,.ise OWNER in writing (with a copy to CONTRAC. iUR) ot ENGINEER'S finings and conclusions. 4 2.5 Possible Cwntruct Documents Change. If ENGI- NEER concludes that .i change in the Contract Documents is required as a result of a .unditw- that meets one or more of the categones in paragraph 4 2.3.. i Work Change Directive or a Change Order will he issued as provide. in Article It1:o reflect and document the consequences of such change. 4 -.6. Pos .Jie Pri and runes Adjustments. .An eq'riahle adjustment in the Con...ict Pnce or in the Contra. t Times. or both. will be „Vowed to the extent that t..e existence ot such uncovered or -.wiled cot. !awn causes an increase or de- crease in CONTRACT? I, s cost uf. or time required for performance tit. the %i.. subject. however. to the following: 4 2.6.1. such condition m•ist meet any one or more of the categones descnbed in paragraphs 4.2.3 1 through 4 2.3 4. int.fusrve: ' 22.62. a change in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authon . ,lion of nor a condition precedent to entitlement to any sus • c:wtment 4 2.b.3. with respect to Work that is paid on a Unit Pnce Basis. any adjustment in Contract Pn.e will be suoject to the provisions of paragraphs 9.10 and :1.9: and 42.6.4. CONTRACTOR shall not be entitled to at s adjustment in the Contract Prce or Tir•ies if: 4.2.6.4 1 CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final contrnitmer• to OWNER in respect of Contrs:r Pnce and Contract Times by the submission of a bid w becoming pound under a negotiated .ontract: or 4.2.6.4.2. the existence of such condition coul, rea- sonably have been discovered or revealed as a :salt of any examination. investigation. exploration. test or study of the site and contiguous areas required by the Bidding Requirements or Contract Document: to be conducted by or for CON rRAC FUR pnor to CON TRAC^OR's making such ;=nal cop,. mtment: or 4.2 6.4 3. CON 1 RACTOR failed to gise the wntten nonce within the time and :i- required by paragraph 4 2.3. If OWNER and CONTRAC, 'R are unable to agree on entitlement to or as to the a. • unt or Iengtr. of tr such equitable adjustment in the Corn:- ict Price or Contrast limes. a claim may be mac: thereft.- as provided in Articles 11 and 12. How ever. nWNER. ENGiNFER and ENGINEER'S Consult- ants shall not be liable to CONTRACTOR for any claims. costs. losses or damages sustained by CONTRACTOR on or in connection with .iny other project or anticipate) project. 4.3. Physical Conditions —Underground Facilioes: 4 3.1. Shown or Indicated The information ,,n I c.• . shown or indicated in the Contract Documents with resp=•'t to exnc'g Underground Facilities at or contiguous to the site is basal on GC- 18 tnforritation and data furnished to OWNER ur ENGINEER by the owner., of such Underground Nalioes or by oth. rs Unless it :s otherwise expressly provided in the Supplementary Conditions. 4.3.1.1. OWNER and ENGINEER snal' not be respon- sible for the accuracy or ,completeness of ans 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 ACTOR shall have toll re spon- sibility tor (i) res.twing and checking all u.:h information and data. jut la aung al' Underground Facilities .nown ur indicated in the Contract Doxuments. )iii) coordination of the Work with the owners of such t ndergrt and Facdiues dunng construction. and tiv) the safe: i.d protection of all such Underground Facilities as provided in paragraph 6._0 and repairing any carriage thereto resulting fror, the Work. 4 3.2. Won .shown or Indicated: If an Underground Fac ity is uncovered ur revealed at or contiguous to the site which was not snowr. ••r indicated in the Contract Documents, CON- TRACTOR ,` .i'. promptly after becoming aware thereof and ',efort further :istu-bing conditions affected thereby or per- forming any Work cornection therewith (except in an emergency as r_que.e. by paragraph 6.223) identify the owner of such Undergrc.tnd Facility and give wit:en notice to that owner and to C`S elER and ENGINEER. ENGINEER will promp', • review tee Underground Fe : ility and determine the extent. any. to which a change is required in the Contract Docum•• to reflect and document the consequences of the ex stereo. of •rte Underground Facility. It ENGINEER con- cludes that a anp= in the Contract Documents is required. a Work Chang eIrective or a ..:hang: Order wiii be issued as provided in ' itiele 10 to reflect :rod document such cons,-- quen.::•s. During such ti:.ae, CONTRACTOR shall be respon- sible ')- the s:ec' y and pr •raction of such Underground Facility as r: , ided i parar app, e.2_0. CONTRAC :OR shall be al- low--: in increase 'n the Contract Pnce or an extension of the Con.e.ct Times. Jr both. to the extent that they art attributable to existence of any Unuerground Facility that was not shoe • -r indicated in the Contract Documents and that CON- TR e ';'OR did not know of and could vii. t reasonabl• have been expe-ted to be aware of or to lt-.se anticipated. If OWNER and CONTRACTOR are unable to ac-ee on entitle• meet to or the arneun: or length of any suet. adjustment in Contract Pnce or Contract Times. CONTRACTOR may make clam therefor as provided in Articles 11 and 12. However. CIWNER. ENGINEER and ENGINEER'S Consultants shall t>•o. D.:. liable to CONTRACTOR for any claims. costs. losses or la. ges incurred or sustained by CONTRACTOR on or in connection with any other project or anticieated protect. Rejerrnce Pour: OWNER shall provide enranecnng surveys to estab- ier. '.Terence points for construction which in ENGINEER Judgment are necessary to enable CONTACTOR to proceed eel. the Wore. C oNTRACTOR shall be responsible fi - laying "vi the wore. snail protect and n rese've the est..olished reierersee points aria .hall male no chances car relocations without the prior wnttrn approval of r'tWNER. CONTR TOR shall report to ENGI',F.ER wrenever an referc..ce point is lost or destroveti w requires relocauo:. because of necessarti changes in grades or locations. and sh.., ke re• pun- sible for the accurate rrp.aceme.it or relocation ui such reter- eeee points by proless►onalis qualified personnel. 4.5. Asbestos, PCBs. Petroleum, Hazardous %%rite or Radio- active Mater'tal: 4.5.1. OWNER shall tee responsible for any Asee.tus. PCBs. Petroleum. Hazardous Wa.'te of R,,. ,,.,_tic \t.uered uncovered or resealed at the site which ea. r, ,t shown or indicated in Dra_.ings or Specifications or e ernfied in the Contract Documents to be within the stupe nit the Wont and e -h may present a substarual danger t11 pr sons ur property exposed thereto in connection with the Work at the ,ri: OWNER shall not be responsible - any such matt:rens brough' to the site by CONTRACTOR_ .,ubcemtractor. S. ppli- ers or a;gone else for whom CONTRACTOR is responsible 4.5 2. CONTRACTOR shall rmmediatele • i i i step all Work ir. .onneciton an such hazardous cone, ; end in any are;, affected thereby texce . in an emereen.•. .l, re- quired by paragraph 6.231. and tit, notity OWNER and ENGINEER (and thereafter confirm such notice in wr.:tng). OWNER snail promptly consu't with ENGINEER concern- ing th, neeessir• for OWNER to retain a qualified expert to evaluate such h...:ardous condition or take correi.tive action. if any. CONTle...(1OR shall not be requ.red .0 resume Work in connection aith s'ach hazardous condition or n, aes such affected '-ea until after OWNER has obtained ans-...tuireu perr es related thereto and delivered to CONNTR ACTOR seezeo wra'en notice: (t) specifying that such condi:fur. and any affected area is or has been rendered s tfe tor the resumptior of Work, or oil specifyine env special corm::ions under which such Work ma. be resumed s,:fely If OWNER and CONTRAC Mi. cannot agree as to entitlement to or the amount or extc it of ae adjustment. if any. in Contract Pnce or Contract Times a: a result of such Work stoppage or such special conditions t nder which Work is agreed bs CON- TRACTOR to be r"sumed. either party rn ty make a claim therefor as pro.idec. in A titles 11 ani 12 ..5.3. If atter receipt of such sp•-t at written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe. or does not aer -e to resume such Work under such special condition• , then OWNER may ureer such portion of the Work is in connection with su.-r hazardous condition or in such af- fected area to be ; •leted from the Work. If OWNER and CONTRACTOR .. annot agree as to entitlement tc• or the amount or extent of an adjustment. if any. in _-ontr.,•_t Pr.e or Contract Times as a result of deleting such p•y— t of :he Work. then either party may make a claim t' -etur as provioed in Articles : and 12. OWNER may •last r.ch deleted portion of tt.. Work performed by OWNER' • •iwn forces or others in accordance with Article 7 4 5 4. To the fullest extent permitted by Laws .ind Reg- ulations. OWNER shall indemnify and hold r..trmle.s CC+\ - TRACTOR. Subcontractors. ENGINEER. ENGINEER s rr_ Consultants and the utTicers. directors. employees, agents. other consultants and subcontractors of each and any of them from and against all claims. costs. losses and damages ansing out of or resulting from such hazardous condition. p, ovided that: to 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 tilt 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 Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Pay- ment bonds. each in an amount at least equal to the Contract free as secunty for the faithful performance and payment of all CONTR.ACIOR's obligations under the Contract Docu- ments. These Bonds shalt 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 Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condition. 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 Hoiding Certificates of Authonty as Acceptable Suretie on Federal Bonds and as Acc: ptabte Retnsunng Companies" as published in Circular 570 (air nded) 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 authority to act. 5.2. If the surety_Qa.any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its nsht 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 anothe: Bond and surety. Loth of which must be acceptable to OWNER. 5.3. Licensed Sureaes and Insurers: Certificwes of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purcnased and maintained by OWNER or CONTR. AL IUR shall be obtained from surety o- insurance companies that arc duly licensed ur authonzed in the funs. diction in which the Project is located to issue Bonds ur 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. CONTRA(. iUR shall deliver to OWNER. v.tth copies to each additional insured identified in the Supple- mentary Conditions. certitikites 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 Sunplementary Conditions. certificates of insurance (and Lithe; evidence ot insurance requested by CONTRACTOR or anv other addi- tional insured) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7 hereof COATRAC7OR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropnate 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 CONTRACTOR's other obligations under the Con- tract Documents. whether it is to be performed or furnished hs 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. disabihts benefits and other similar employee benefit acts: 5.4.'_. 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- TRACTOR s employees: 5.4.4. claims fordan.ages insured by customary personal injury liability coverage which are sustained: Ill by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. or t ii► by any other person for any other reason: 5...5. claims for damages. other that to •he Work itself. because of injury to or destruction of tangible property wherever located. including loss of use resulting therefrom. and 5 J 6. claims for damages because of oodily injury or death of any person or property damage arising out oI the oµnership. maintenance or use of any motor vehicle. GC— ?0 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 entices 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 5ucl: additional insureds: 5.4.8. include the specific coverages and be wntten 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 li:,hilit • insurance covenng CONTRACTOR s indemnity oblications ui.der paragraphs 6.12. 6.16 and 6.31 thr:iugh 6.33. 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled. matenally changed or renewal refused until at least thirty days pnor wntten notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of insurance has been issue (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so pro- vide); remain in effect at (east until final payment and at all times thereafter when CONTRACTOR 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 wntten on a claims -made basis. remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuauon of such insurance at final payment and one year thereafter). OWNER's Liability 1 nrwunreY Properry Insurance: purchase ano m ementary Con- insur- 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 ► AC - TO . Subcontractors. ENGINEER. ENGINEER' Con- sulta is and any other persons or entities identtfi-: in the Suppl entary Conditions. each of whom is deem - to have an ins - ble interest and shall be listed as an surcd or addition insured: 5.6.2. peril or spe include insu temporary bu insure against extended cope earthquake. colla by enforcement and such other pe Supplementary Con writte ; on a Builder's Risk "ail - 'al cc _ - •s of loss policy form th. nce t .+r physical loss or darn ings. 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; sk" or open . shall at least e to the Work. transit and shall s fire. lightning. alicious mischief. olition occasioned ns. water damage, tally required by the 5.6.3. include ex • ses incu -• in the repair or replace- ment of any insured p • perty (i luding but not limited- to fees and charges of engi rs • architects): 5.6.4. cover materials a J uipment stored at the site or at another location that was • to in writing by OWNER prior to being incorporated ' the Work. provided that such materials and equipment h e : n included in an Applica- tion for Payment recom nd by ENGINEER: and 5.6.5. be maintain • n effect • til final payment is made unless otherwise afire • to in wn 'ng by OWNER CON- TRACTOR and ENG EER with t ay days written nouce to each other addii•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 byte Supplementary Conditi • s or Laws and Regulations wh;...i will include the interes of OWNER. CONTRACT, . Subcontractors. ENGINEER NGIN EER's Consultants a d any other persons or entities i• nufied in the Supplemen Conditions. each of whom is de- ed to have an insurable interest and shall be listed as an insured or additional surcd. 5.8. :1 the policies of insurance (and the ecru ates or other e idence thereof) required to be purchased an main- tained •v OWNER in accordance with paragraphs 5.6 • d 5.7 will ••ntain a provision or endorsement that the co affo •ed will not be cancelled or matenally changed or ren ref ed until at least thirty days' pnor wntten notice has !3i r. to OWNER and CONTRACTOR and to each of a ditional insured to whom a certificate of insurance has be sued and will contain waiver provisions in accordance wit aragraph 5.11. G .9. OWNER shall not be responsible for purchasing mat .'ning any property insurance to protect the inter-. s of CO • R, 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 ount, will be borne b ONTRACTOR. Subcontractor or o rs suffering any s loss and if any of them wishes property urance cov age within the limits of such amounts. each ma .urch•.e and maintain it at the purchaser's own expense. 5.10. If CONTRA '• R requ s in wnting that other special insurance be i . uded in the pro • rty insurance policies provided under • . • . hs 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 CONTRACTOR 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 astiistee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR. Subcontractors. ENGINEER. ENG1- 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. arising out of or resulting from fire or other insured pent 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 5.1 1.2 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. ENGIN EER'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 repaired or replaced. the moneys so received applied un 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 Io.,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 wnting 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. 1f either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 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 pnor 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 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 wntten consent given after prior wntten notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials. equipment. labor. transportation. 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. CONTRACTOR 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 descripuon 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 matenal or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: GC— 23 6.7. 1.1 . "Or -Equal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR 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 matenal 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. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of matenal 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 matenal 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 CONTRACTOR 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 ENG1NEER'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 Subeormnemrs, 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 pnnci- 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 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 nght of OWNER 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 CONTRACTOR 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 shalt 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- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- cuntractor 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 a1{ nghts 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 ,an% Subcontractor or Supplier. CONTRAC IUR will obtain the game. Patent Fees and Royalties: h 1 CONTRACTOR shall pay all license fees and royal - tie` 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 copynghts 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 nghts or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations. CONTRACTOR shall indemnify and hold 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. CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR. when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or if there are no Bids, on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for 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 CONTRACTOR's pn- 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. Tares: 6.15. CONTRACTOR shall pay all sales. consumer. use and other similar taxes required to be paid by CONTRA(. IUR in accordance with the Laws and Regulations of the place of GC— 25 the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR 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 welt 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 onginai condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure. nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings. Specifications. Addenda. Written Amendments. Change Orders, Work 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 CONTRACIDR. 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 CONTRACTOR 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 - 2_6 responstbtlities 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 ur ENGINEER. is obligated to act to prevent threatened damage. injury or loss. CON- TRACTOR shall give ENGINEER prompt wntten notice if CONTRACTOR believes that any significant changes in the Work or vanations 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 I. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample suhmittals (see paragraph 2.91. All suhmittals 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. materials and similar data to show ENGINEER the maten- 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 matenal. 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. 6.2S. Submittal Procedures: 6.25 I Before submitting each Shop Drawing or Sam- ple. CONTRACTOR shall have determined and venfied: 6.25.1.1. all field measurements, quantities. dimen- sions, specified performance cntena. installation require- ments. materials. catalog numbers and similar information with respect thereto. 6.25.1.2. all matenals with respect to intended use. fabncation. shipping. handling. storage. assembly and installation pertaining to the performance of the Work. and 6.25.1.2. all information relative to CONTRACTOR', 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 wntten indication that CONTRACTOR ha, satisfied CON- TRACTOR'S obligations under the Contact Document, with respect to CONTRACTOR'S review and apprusal of that submittal. 6.25.3. At the time of each submission. CONTRACTOR shall give ENGINEER specific wntten notice of such van- ations. if any. that the Shop Drawing ur Sample submitted may have from the requirements of the Contract Documents such notice to be in a wntten communication separate from the submittal: and. in addition. shall cause a specific notation to be made on each Shop Drawing and Sampic submitted to ENGINEER for review and approval of each such vanation. 6.26. ENGINEER will review and approve Shop Drawing, 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 Protect 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 wntmg 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 vanation from the requirements of the Contract GC— 27 Documents epics CONTRACTOR has in wnting called EN- GINEER., .:t.enu•in to e.cr such vanatior at me time ••f submiss.,n n uta-ed by paragraph 6 ,i 3 and ENGI`+EE-F has giy ,•nit.. • ,rural ut each sue:. vanat on b% spe,an; „ntten n.stator : ...of inc.upor-:cd in or acc.npan'.ing the Shop Dr. ....mg or ample approval. not will any appro..,' by ( I-% R relt.•c CONTRACTOR t.om respor • i,ilny for •:,c requutments of paragraph 6 _'•.: V here .t Shop Drawing or Sample is required by the Cont-ac: Docunnerts or the schedule of -nap Drawings and Sample .ubr••sions accepted by r=NGIN'EER as required by paragraph 2.. any related Viurk performed pnot to E'ZG1- N'LE:R.s re%te,y and approval of the per lent sir► - 'tun -ill be at the sole expense an iesponsib•lity of CONTI?.:,: OR. Conn..lrnq the .,ork: 6 29 CONTRA_ 11)R shall carry on the Hirt. and adhere to it,, ,•roeress schedul_ :iunng ail disputes or disag-eements with (. NER Work .Hall he d_Li'.ed or postponed pend• in_ rc •. anon any u rules or d,sagreeraenrs. except as perm.' aJ hs paragraph 5 or as OV, NER and L )N T RAC - TOR may otherwise ag.ec in wnting. 6.30. CO,VTRACTOR': General Warranty and Guarantee: f 30.1. CONTRACTOR warrants and guarantees to OWNER. ENC1NEE.Rand ENGiNEER's 'onsultant,tnat a:: Work will be in accordance v iii, • Co:tract Do:utnents id ;i' net ''+e defecr:ve R.--• OR's warranty :9d guarantee hereunder exclude: defects or damage cause-, ny: 6 3) ! 1. abuse modification or i- -roper mainte lance or ope:.,tioa by persons other than AO's T RACTOk. Sub- . ce,t,:r1_t.irs or Supplier .. or 6 30.1 :. nrr•-:al sues• and tear tinder normal usage. 6.30 _2. CONTRACTOF.'s ob»»cat.cn to perform and com- plete the Vork in accordance with the Contract Docum.iits shat; ,-.e abso'ute None of the folio,. ing will consume an accer^:::nce u. \ark tlaa 's not in ac:orc:z.•icc .it,. the Cori: -.._t P •_t„nents a::, release of CON : ,..sCTOR's obli- gation to perform the Work innccordance suite th Contract Documents: 6 30 :.1 observations by ENGINEER: r 't 2.3 recommendation of any progress or final pa,:.,c^ • y ENGINEER. h 3(1 2.3. the suance of a certificate of Substantial Cu••;pletion or any pey:nent by OWNER to CONTRAC- TC a under tr. Contract Documents. • va '_ -' use or occupan.y of the Work or anv part :n -of by OWNER: 6..ti) 2.5 an, acceptance by (;K NER or any failure to do so. 6 30 2.6. any re%) - and approval of j Ship Drawing or Sarr:r to submitt:, „ he is,.:aucc of 1 noUkt. of accept- ability by ENGiNLL•R put suant to paragrtpt Is 13. 6 any. inspection. test or approval by ofners: or 6.30.2.8. any,:orre.!un )tdefectne or by Oµ N ER. I ndemny5:anon: 6.31 To the fullest extent permitted b% L1' . and F.guL- tions. CONTRACTOR shall indemnify .end hod r,. mless ►WNER. ENGINEER. ENGINEER'S Consultants .ind the oti cers. directors. employees. agents ana other consultant o' e ici. ant; ony ot ;hem from an abainst all ‘la,'ns cost, lu•.:cs and da.^..aees (including `nit not limited to a!! tees and charges of engine,: s. architects. attorneys and otter prott•ssionals and a L: in us arbitration or other dispute tesolutt. costal causel arising out of or resulting trim the pert• 'mlance ot the \'• Zrovided that any such dater. ✓j,t. los • r damage: I I) is attriP•lt_ble to t•odily injury. s.ckne..s. disease 0' death. or to injury to or destruction of tangible property to ,er than the Work its; lf). leer! .ding •` e loss of use result•ng therefrom. and MI is caused ir who,r in part 'ov any negligent act or omis_ior. of CONTRAC . "JR. am Subcon•-t:_tor. any Supplier. any person or organ zatioi. directly or indarectls employed by any of them to per:or t or f.t•nish any of the vkork or anyone for y'. • use acts any of them m.:y be !,able. reg.ardless of Y. hether - not caused in part oy any iegi.g:nce or om,s,oi, of:, r•_ -son or entity indemnified hereunder or v•het`.:-r liability is imposed upon such indemnified part. cv Lay.. srd Ret;ulat.ons regard- less or the negligence of are such person or entity. o.32. In any and all clasps against Cs'•'NER o f ti ;!- NEER or an of their respective consuita. agen:s. ;' _r . directors or c-iployees by any emp'oyee • . the survt,t.r or persoral representative of such employee, a •. ONTRAC'." tR. any :.,.'x:ontrlctor. env Supplier. any pers. 1 or organiza:, m directly or t.idirectly empioyed by any of t:r_m to perform, or furnisr, any of the Work. or anyone for whose acts anv of them may be IiaSie. the ina.:mnification obligation under p. ragrapr. 6.31 snall no- be nited in any way by an ;imitation or. the amount or type 0. amagcs. compensation o- beneht, pay able by ir for CONTR \C IUR or any .'_h Subco tractor. Supplier or o:her person or organization u• •er workers compensation ac:s. disability benefit acts or othe: employee benefit :•-ts. 6. • The indemnification ,'bl:c.:,ors of CONTR ACTOR unde- paragra, r 5.31 shall not ex: -rd to [h hab,' tx of ENG1- NEEr, and E".�:,1NEER's Consultants. directors. employees or agents caused by •he proies.ional negncLnce. errors or omissions of an: of them. St.rvrval of Ubligaaorrs: 6 34. all representations. in,i-mninca:ions. warranties and guarantees made in. required by or . '.en :r accordance with GC- 28 the Contract Documents. as well as all continuing obligations indicated in the Contract Documents. will survive final pay- ment. completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7 —OTHER WORK Related Work at Sire: 7.1. OWNER may perform other work related to the Project at the site by OWNER% 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: Ii) wntten notice thereof will be given to CONTRACTOR prior to starting any such other work. and (til CONTRAC- TOR may make a claim therefor as provided in Articles 11 and 12 if CO`'TF ACTOR believes that such performance will involve adtl .unal 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 owt'r (and OWNER. if OWNER is perforating the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of matenais and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise pro sided in the Contract Documents. CONTRACTOR shall do all cutting. titling 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 atTected. The auties and responsibilities of CONTRACTOR uncle- this paragraph arc 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 CONTRAC 1OR's Work depends upon work performed by others under t: is Article 7. CONTRACIUR shall inspect such other work and promptly report to ENGINEER in wnting any delays. defects of deficiencies in such other work that rendL- 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 ot':er work as tit and proper for integration with CONTt..AC RA's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 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. fimn or corporation who will have authonty and responsib'(ity for coordination of the activities among the vanous 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 authonty and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions. OWNER shall have sole authonty and responsibility in respect of such coordination. .ARTICLE 8 —OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions. OWNER shall issue all commutications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER. OWNER she appoint an engineer against v.t.orm CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER she 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. OWNER's duties in respect of providing lands and easements and providing engn.cering surveys to establish ref- erence points a -s set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CON PRACTOR 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 prepanng the Coitract Uocutnents. 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.'. OWNER's responsibility in respect of certain inspec- tions. tests ant! approvals is set forth in paragraph 13.4. 8.8. In cornection with OWNER's nght to stop Work or suspend Work. see paragraphs 13.10 and 15.1. Paragraph 15 deals with OWNER's nght to terminate ser. cis of CON- TRACTOR under certain circumstances. GC— 29 8 9 The OWNER shall not supervise. direct or have control or authonty 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 CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible nor 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 Matenals uncovered or revealed at the site is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOOK reasonable evidence that financial arrange- ments have been made to satisfy OWNER's oblications under 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: 9.1. 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 dunng 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 intervals appropnate to the ' anous stages of construction as ENGI- NEER deems nece•, =ary in order to observe as an expenenced and qualified de .. - professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Bused on informauon obtained dunng such visits and observauons.-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.-e:.; to make exhaustive or continu- ous on -site inspections to c: eck the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater decree 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 defecrrve Work. EN - GIN EER's visits ar,.I on -sue observations are subject to all the limitations on ENG1NEER's authonty and responsibility set forth in paragraph 9.13. and particularly. but without limitation. dunng or as a result of ENGiNEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise. direct. control or have authonty 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 Reprrsetuaave: 9 3. If OWNER and ENGINEER agree ENGINEER will ff.rnish a Resident Project Representative to assist ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authonty 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 des.gnates another representative or agent to represent OWNER at the site who is not ENGi- NEER's Consultant. agent or employee. the responsibilities and authonty 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 (in the form of Drawings or otherwise) as ENGINEER may determine necessary. which shall be consistent with the intent of ani reasonably inferable from Contract Documents. Such written clanfications and interpretations will be binding on OWNER and CONTRAC- TOR. If OWNER or CONTRACTOR believes that a written clarification or int_rpretauon justifies an adjustment in the Contract Pnce or the t. •ntract Times and the parties areamable to agree to the amount c: extent thereof. if any. OWNER or CONTRACTOR may ma>,.e a written claim therefor as pro- vided in Article 11 or Article 12. Autisorr<ed Variaro.es in Work 9.5. ENGINEER may authorize minor vanations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Pnce or the Contract Times and are compatible with the design concept of the compie ed Project as a functioning whole as indicated by the Conti:et Documents. These may be accomplished by a Field C1. 'er and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Pnce or the Contract Times and the parties ar^ unable to agree as to the amount of extent thereof. OWNER or CONTRACTOR may make a wntten claim therefor as provided in Article 11 or 12. Rejecting Defective Work 9 6. ENGINEER will have authonty to disapprove or reject Work which ENGINEER believes to be defective. or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9. whether or not the Work is fabncated. installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER'S authonty 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. II. and 12. 9.9. In connection with ENGINEER'S authonty as to Applications for Payment. sec Article 14. Determinauc,s 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 CONTRACTOR 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 CONTRA' TOR. unless. within ten days after the date of any such decision. 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 . 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 decision. unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal Mill 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 in►ually to ENGINEER in writing with a request for a formai decision in accordance with this paragraph. Wntten nonce of each such claim. dispute or other .utter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no es.ent later than thirty days) after the start of the occurrence or event giving rise thereto. and v. ntten supporting data will be submitted to ENGINEER and the other party within sixty days after the .tan of such occurrence or event unless ENGINEER allows an additional period of time for the submission of additional or mor•• accurate data in supr.. rt 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 wntten decision on such claim. dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision 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- TRACTOR pursuant to Article 16. or (ii) if no such Dispute Resolure n Agreement has been entered into, a wntten notice of intea'on to appeal from ENGINEER written decision is delivere.1 by OWNER or CONTRACTOR to the other aril• u ENGINEER within thirty days after the date of such devision 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 'u such claim. dispute or other 'latter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in wnting by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11. ENGINEER will nut 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 exercise by OWNER or CONTRACTOR of such nghts 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 Aracle 16. 9.13. Limiraacns on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or resnonsibit- ity under this Article 9 or under any other gri\ i,ion 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 authonty or responsibility by ENGINEER shall create. impose or give rise to any duty owed by ENGINEER to CONTRACTOR. any Subcontracts-. any Supplier. any other person or orzantzat►on. or to any surety for or em- ployee or agent of a:.y of them. GC— 31 9.13.2. ENGIN EER 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 ;allure 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 Wntten 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 Pnce 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 11 or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Pnce or an extension of the Contract Times with respect to any Work performed that is not required by the Conuact 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. 10.4. OWNER and CONTRA_ tOR shall execute appro- pnate Change Orders recommended by ENGINEER (or Wnt- ten Amendments) covering: 10.4.1. changes in the Work which are (I) ordered by OWNER pursuant to paragraph 10.1. Ili) required because of acceptance of defective Work under paragraph 13.13 or correcting defecrii•e 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 during 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 1 I —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 wntten 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 Pnce shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Pnce will be va'.id if not submitted in accordance with this paragraph 11.2. 1 1.3. The value of any Work cove -ed by a Change Order or of any claim for an adjustment in the Contract Pnce will be determined as follows: 1 1.3.1. where the Work involved is covered h, 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 9.1 through 11.9.3, inclusive). 11.3.2. where the Work involved is not covered by unit pr. :es contained in the Contract Documents. by a mutually agreed lump sum (which may include an allowance for overhead aid profit not necessanly in accordance with paragraph 11.6.2): 11 3.3. where the Work involved is not covered by unit pnces contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 1 i.3.2_. on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR'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 necessanly 'marred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in wr.ting by OWNER. such costs shall be in amounts ne higher than those prevailing in the locality of the ;'roject. shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11 4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents. 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. out not be limited to, salaries and wages plus the cost of fringe benefitsTvhic - shall include social secunty contributions. unemployment. excise and payroll taxes. work- ers' compensation. heath 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 matenals and equipment furnished and incorporated in the Work. including costs of transportation and storage thereof. and Suppliers' field services required it connection therewith. All cash iiscounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRA(.. IUR 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- TRALIUR shall make provisions so that they m.t, 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. CONTRAC IUR shall obtain competitive kids from suocontractors acceptable to OWNER and CONTRACTOR anJ shall deliver such bids to Oµ N ER 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 be paid on the ha'is of Cost of the Work Plus a fee, the Subcontractor's Cost 0: the Work and fee shall be dea.-rmined in the same manner as CONTRACTOR s Cost of ire Work and fee as provided in paragraphs 11.4. 1 1.5. 11.6 avid 11.7 All subcontrac• shall be ribject to the other provisions of the Contract Documents insofar as appiicaole. 11.4.4. Costs of special consultants tmi'uding but not limited to engineers. architects. testing lab ~stones. surses- ors. attorneys and accour.ants) employed for ser. ces 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. equpment.. machiner . appliances. office and temporary facile:ies 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 CONTRA(_ FUR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by O" 'NER 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 sim:•ar taxes rela:ed to the Work. and for which CONTRACTOR is liable. imposed by Laws and Regulations. 11.4.5.5. Deposits IJSt for causes other than negli- gence of CONTRACTOR. any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. and ro alty payments and fees for permits and licenses. GC— 33 11.4 5.6. Losses and damages land 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. ur anyone directly ur indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the wntten 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 statLd 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- TRACTOR's officers. executives. principals (of partnership and sole proprietorships). 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 principal or a branch & 1; -- for general administration of the Work and not specificai,. included in th.. agreed upon schedule of job classifications referred to in paragraph 11.4.1 or spec:f-ally covered by paragraph 11.4.4 --all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fce. 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 CONTRACTOR'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 texcept for the cost of premiums covered by subparagraph 11 4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR. any Subcontractor. ur anyorr directly or indirectly em- ployed by anv of them or for %nose acts any of them may he liable. including but not limited to. the correction of defective Wu -k. disposal of materials or equipment wrongly supplied and making gad 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 fired fee: or 11.6.2. if a fixed fee is not agreed upon. then a fee based on the following percentages of the 'anous portions of the Cost of the Work. 1111.2.1. for costs incurred under paragraphs 1 1.4.1 and 11.4.2. the CONTRAC1OR'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. wherc one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and -to fixed fee is agreed upon. the intent of paragraphs 1 1.4.1. 11.4 2. 11 4.3 and 11.6.2 is that the Subcontractor w ho actually performs or furnishes the Work. at whates 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 hither tier Subcontractor and CONTRA(_ R)R will each be paid a fee cf 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 OWNEF. 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 CONTRACTOR's fee by an a.nount equal to five percent of such net decrease: and 11.6.2.5. when hoth additions and credits ..re involved in any one change. the adjustment in CONTRACIUR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2_.1 through 1 I .b_.5. inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5. CONTRA:IUR 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 Cash Allowances: 11.8. it is understood that CONTRACTOR has included in the Contract Pnce 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. CONTRACTOR agrees that: 11.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of matenals 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 Pnce and not in the allowarces and no demand for additional payment on account of any of the foregoing will be valid. Pnor to final payment. an apptopnate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRAC POR on account of Work covered by allowances. and the Contract Pnce shall be correspondingly adjusted. 11.9. Unit Price Work: 11.9. I . W here the Contract Documents provide that all or part of the work is to be Uni+ Price Work. initially the Contract Price will be deemed to include for a11 Unit Pricc Work an amount equal to the sum of the established unit pm:: (-Jr eu. n 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 Pnce. Determinations of the actual quantities and classifica- tions of Lr:ii Pnce Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit pnce wit be deemed to incli.de an amount considered by CONTRACTOR to be adeqLate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. 11.9 3. OWNER orONTRACIOR may make a claim for an adjustment in the Contract Pnce in accordance with Article 1I if: 11.9.3.1. the quantity of any item of Unit Price Wotk performed by CONTRACTOR differs matenally and sig- nificantly fror- 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 nem of Work: and 11.9 3.3. if CONTRAC- LOR 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 Price and the parties are unable to agree as to the amount of any such increase ur decrease. ARTICLE I2 —CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Wntten Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on wntten notice delivered by the party making the claim to the other part,. and to ENGINEER promptly ibut in no event later than thirty days) after the occurrence of the event giving nse to the clam and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within six.. days after such occurrence (unless ENGINEER allows an additional penod of time to ascertain inore accurate data in support of the claim) and shall be accompanied by the claimant's wntten 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:ament 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 Titres (or M;1; stones) 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 attnbutable 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 CONTRAC. FOR. an extension of the Contract Timcs for M•'cstones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and ex:.usive remedy for su:h delay. In no event shall OWNER be liable to CONTRAC- TOR. any Subcontractor. any Supplier. any other person or organization. or to an, surety for or employee or agent of any of them. for damages arising out of or resulting from ', 1 'ielays caused by or within the control of CONTRACTOR. or (II) GC— 35 delays beyond the control of both parties inc;uding but not limited to fires. floods. epidemics. ah.iormal weather condi- tions. acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7 AR1 ICLE I3 —TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1. ,Vutrce 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. ENGINCER. ENGINEER'S Consultants. other representatives and personnel of OWNER. independent testing laboratories 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 junsdiction require any Work (or part thereof) specifically to be inspected. tester or approved by an employee or other repre- sentative of such public body. CONTRACTOR shall assume full responsibility for arranging and obtan.ing such inspections. tests or approvals. pay all costs in connection therewith. and furnish ENGINEER the required ce.tificates of inspection. or approval. CONTRACTOR shall also be responsible tor arrang- ing and obtaining and shall pay all costs in connection with any inspections. tests or approvals required for OWNER'. and ENGINEER'S .acceptance of matenals or equipment to he incorporated in the Work, or of matenals. mix designs. or equipment submitted for .approval pnor to CONTRACTOR'. purchase thereof for incorporation in the Work. 13.6. If any Work (or thc work of others) that is to he inspected. tested or approved is covered by CONTRACTOR without wntten concurrence of ENGINEER. it must. if re- quested by ENGINEER. be uncovered for observation. 13.7. Uncovenng Work as provided in paragraph 13 r .hall be at CONTRACTOR's expense unless CONT:ACTOR has given ENGINEER timely nonce 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. he uncovered for ENGINEER -s observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER con.aders 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, matenal and equipment. If it is found that such Work is defectwe. CONTRACTOR shall pay all claims. costs. losses and damages :..used by. arising out of or resulting from such unto' .gyring. exposure. observation. inspection and testing and of satisfactory replacement or reconstruction tincluding but not limited to all costs of repair or replacement of work of others): and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the parties are unable to agree as to the amount thereof. may make a claim therefor as provided in Article 1 1. If. however. such Work is not found 'o be dh/ertzt e. CONTRACTOR shall be .allowed an increase in the Contract Pnce or an extension of the Contract Times (or Milestones). or both. directly attnbutabie to such uncovenng, 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 claim therefor as pro- vided in Articles 11 and 12. OWNER May Stop the Work: 13.10. !f the Work is defective. or CONTRACTOR fails to supply sufficient skilled workers or suitable matenals or equip- ment. or fails to furnish of 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 nght of OWNER to stop thc Work GC— 36 shall not give nse to any duty on the par. of 0%1 'ER to exercise this nght for the benefit of t-ONTRAC lOR or any surety or other party. Correction or Removal of Defective Worst: 13.11. If required :ty ENGINEER. CONTRAOUR shall promptly. as directed. either correc- ail der: cave Work. v. hethar or not fabncaced. 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 from such correction or remos:.• (including but n..t limited to all cos:s of repair or replacement of work of others). 13.1'.. Correction Period: 13 1'_.I if wit' -an one year after the dare of Substantial Completion or such !anger period of time as may be pre- scnbed by Laws cr Regu! awns or by the terms of any applicable special gurrantee repair^d by the Contract Lwc- uments ur by any specific provision of inc Contract Docu- ments. any Work is found to be defective. CONTRACTOR shall promptly. without cost w OWNE,Z and in az.ordance ;h OW'NER's wnt:en instructions: (i) correct such defec- tive Work. or if it has been rejected by OWNER. i :mose it from; the :site and replace it with Work tha- is not defective. and iii) satisfactorily correct or remove and replace any damage to other Work or the work ot others resulting therefrom. if CONTR',: TOP, does not promptly comply wan the terms of such instructions, or in an t.mergency w here delay would cai._.e serious risk of loss or damage. OWNER may have the defective Work corrected or the rejected '+..irk removed and replaced. and all claims. co;:s. 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 C'? NTRACTOR. 13.12.2. In specs:! circumstances where a partict_tai item of equipment is placed in continuous ser. ice before Substan- tial Completion of all the Work. the correction period for that item 'nay start to run from an earlier date if so provided in the . aectfications or by Wntten 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 penod hereunder with respect to such Work will be extended for an additional penod of one year after such correction or re- moval and replacement has been sausfaztonly completed. Acceptance of Defective Work: 13.13. If, instead of mat Inng core=.ton or removal and replacement of detective Wo-k.OWNER and. pnor to ENGI- NEER's recommendation : final payment. also ENGINEER) prefers to accept it. OWN ER may do so. CONTRACTOR shall pay all claims. costs. losses and damages sttnhutable to OWNER's evaluation of and determination to accept such deri•a•ute Work (such costs 'o be approved by ENGINEER as to reasonahlenrs ) 11 any such acceptance occurs pnor to ENGINEER's recommendation tit final payment. a Change Order will be Issued incorporating the necessary it visions in the Contract Documents oh respect to the Work: and OWNER shall be erwled to an apprupnate decrease in the Contract Pnce. and if the parlor are unable i. agree .1s to the .:mount thereof. OWNER may r -rake a clan . therefor as pro'. Jed In Article 1 1. If the acceptance occurs .icier such reconanends- tion. an appropnate amount will be paid by CONTRACTOR. t.+ OWNER. OWNER May Co.*ect Defective Burk: 13.14. If CONTRACJUR fails within a "easonable time after wntten nonce from ENGINEER to correct Jt rt . rit-t Work or to remove ..red replace rejected Work ss required by ENGINEER in accordan..e with paragraph 1 3 1 1 . ar if CON- TRACTOR fails to perfc- a the Work in acconance with the Contract Documents. or t` CONTRA 'TOR fails to c. rn y with any other provision .31 the Contract Document._ (' W! . ER may. after seven days' written nuts... i, s'ONTRACTOR. correct and remedy any such deficic.':y. t,i exercising the ng.hts and remedies under this airarrspn OWNER ,hall pro- ceed expeditiously. In connec•.an with such correct and remedial action. OWNER may exclude CONTRAL .:t-. from all or pa. -t of the site. take possession of all or p.:rt of the s't'ork. and suspend CONTRArTOR's services related the' t.. take possession of CONTR.NCTOR's tools. applian_es. .onstruc- tion equipment and machinery at th^ site and incorporate in the Work all materials and equipmt: rt stored at it _ site or for which OWNER has paid CONTRACTOR hu: v.ha.h zre stored elsewhere. CONTFATOR shall allow OWNER. OWNER's representatives. agents and employees. OWNER'S other con- tractors and ENG:NEER and ENGINEER'S Consult. its ac- cess to the site to enanie OWNER to :s•:rctse the r_'ts - nJ remedies under this taragraph. All claims. costs. losses and damages incurred ur sustained by UWN ER in exercising sue.`. rights and rem"dies will be charged against CONTFACTOR and a Change Order w.'i he issued incorporating the nt-. •ssary revisions in the Contr. Documents with 'expect to the Work: and OWNER shall be entitled to ar. appropriate decrease in the Contract Price. and. if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. Such claims. c •sts. losses ano damages will include but not be limited to al! :o'ts of reps r or ret•.tce- ment of work of others destroyed or damaged by correct an. removal or ra placement of CONTF, a TOR's defective N.t:r k. CONTRA...7.A shall not be allowed an extension of the Contract limes (or Milesto' est n_causd of any delay in the performa i e of the Work ar: ruta1',e to the exercise rt. ()W' . ER of OWNER's nghts and retied:es hereunder. ARTICLE 14 --PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. Tne schedule of values established as prop iJed in paragraph 2.9 will serve as the basis for progress payments and GC— 37 will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Pnce Work will be based on the number of units com- pleted. Application for Progress Payment: 14.2. A: ' •ast twenty das s before the date established for each pro, -r• s payment (but not more often than once a month). CU:- " ACTOR shall submit to ENGINEER for review an Apr ation for Payment filled cut and signed by CON i RACTOP covenng the Work completed as of the date of the Application a- J accompanied by 'u.:h supporting documentation as is required by th. Contract Documents. If payment is requested on the 5asis of matenals and eouip- ment not incorporated in the Work but delivered and suitaoly sto: ed the site or at another locanc.n agreed to in wnting. the Application for Payment shall r'•o be accompanied by a bill of sale. invoice or other documentation warranting that OWNER has rece:'ed the materials and equipment free and clear of all Liens and evidence that the matenals and equipment are covered t appropriate property insurance and other arrangements to protect OWN ER's in-erest thereir. all of which will be s:•.isfactory to OWNER. T.ie amoun. of retainage with respect to progress payments will be as stipulated in the Agreement. CO.4TRACTOR's War. anry of Title: 14.3. CONTRACTOR warrants and gua.-tutees that hale to all Worl.. matenals and equipment coverer: by any Application for Payment. whether incorporated in the Project or not. will pass to OWNER no later than hie time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENG I ER il:. within t^n days after receipt of each Appiicati.••" for Pa, ,rent. either indi ate in wrung a recommendattor. of payment and present the Aeplication to OWNER. or return the Appficauon to CONTRACTOR indi- cating in wntirc LNGINEEr's reasons for refusing to recom- mend payment .: the latter case. CONTRACTOR may inake the necessary corrections and resubmit the Application. Ten days after presentation of the Application for P^ymenv to OWNER with ENGINEER's recommendation. the amount recommended will t subject to the provisions of the last sen- tence of paragrapn 14.7) become due and when due will t- paid by OWNER to CONTRA(- IOR. 14 5 ENGiNEER's recommendation o; any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER toO\ NER. based on EN:.'N :r.f:R's on -site observatio- • of he executed Work as an eypenenced and qualified desi.n professional and on ENGiNEER's reyirw of the Application for Payment and the accompanying data and schedules. that to the best of ENGiNEER's knowledge. inTor- 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- atior of the Work as a functioning w hole pnor to or upon Substantial Completion.. to the results of any subsequent tests call -.d for in th, Contract Documents. to a final determination of quantities and classifications for Unit Pnct. Work under pa:aeraph 9 10. and to any other quali- fications .itated in the recommendation). and 14.5.3. the conditions p:ecedert to CONTRA(. 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 EM.;INEER will not thereby be deem:d to have represented that: tit exhaustive o: continuous on -site inspections ha.e been made to check the uuality or the quantity of the Work beyond the responsibilities specifically assigred to ENGINEER in the Contract Documents or tii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWN ER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. i:.NG1NEE'. '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 Rerulations appli- cable to the furnishing or performance of Work. or for any failure of CONTRACTOR to per.orn or furnish Work in accordancc with the Contract Documents. 14 7. ENGINEER may refuse to recommend the whole or any part of any payment if. in EN ;' NE ER's opinion. it would be incorrect to make the reoresentai.ons to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment. or. because of subsequently dis..ov- ered evidence or the results of subsequent inspections or tests. nullify any sucn payment previously rec..im:nended. to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective. or completed Work has been damaged requinng correction or replacement. 14.7.2. the Contract Pnce has been reduced by Wnt- ten Amendment or Change Order. 14.7.3. t_.WNER has been required to Correct defec- tr re 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._.4 inclusive. OWNER may -efuse to make payment of the full amount re-omrner.ded by LNGINEER !+ecause: 14 7.5. claims have been made against OW` ER on account cf CONTRACTORs r- formance or furnishing of the Work. nr- iR 14.7.6. Liens have been filed in connection with the Work. except where CONTRACTOR has delivered a specific Bord satisfactory to OWNER to secure the satisfaction and discharge of such Liens. 14.7.7. then- 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 14.7.1 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 oy OWN ER and CONTRACTOR. when CONTRACTOR corrects to OWN - ER's satisfaction the reasons for such action. Substaiitti.1 Con-pletron: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in wnting 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 Comt;.r.tion. Within a reasonable time thereafter. OWNER, CON'TRAC'TOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGJNEET. roes not consider the Work sub- stantially complete. EN1.31NEER will notify CONTRACTOR in wntir•z giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certircate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attache+ to the certificate a tentative list of items to be completed or ti ;netted before final payment. OWNER shall have seven V: after receipt of the tentative certificate dunng which to written objection to ENGINEER as to any provisions the certificate or attached list. If. after considenng suer objections. ENGINEER concludes that the Work is not substantially complete. ENGINEER will within fourteen days after submission of the tentauve certificate to OWNER notify CONTRACTOR in wnting. 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 CONTR.ACTOR a definitive certificate of Sub- stantial Completion (wr:y a revised tentative list of items to be completed or corrected) reflecting such changes from :he 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 written recommendation as to division of responsibilities pend- ing final payment be. veen OWNER and CONTRACTOR with respect to secunty. voeration. safety. maintenance, heat. utili- ties. insurance and warrsrt'es and guarantees. Unless OWNER and CONTk \C TOR agree otherwise in wr.ting and so inform ENGINEER in 'Hung prior to ENGINEER'S issuing the definitive certificate of Substantial Completion. ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the nght to exclude CONTRAC- TOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or currect items on the tentative list. Paraal Uttlr,o�otc 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 tto 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 CONTRACTOR's performance of the remainder of the Work. may be accomplished prior to Suustantial Com- pletion of ail the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in wnting to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially comnlete. 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 CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspection of that oart of the Work to determine its status of complctior . If ENGINEER does not consider that part oldie Work to be substantially complete. ENGI- NEER will notify OWNER and CONTRACTOR in wnt- ing giving the reasons therefor. If ENGINEER considers that part of the Work to `+r 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 operauon of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14 11. Upon wntten notice from CONTRACTOR that the encl.-, 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 wnting of all GC— o particulars in whit,- this inspection reveals that th.- Wort is incomplete or derecrrve. CONTRACTOR shall immediately take such measures as are necessary to compute such Work or remedy such deficiencies. Fula! App w, zor .for Payrnenr: 14 12. After CONTR ;^, OR has completed all such cor- :.ctions to tr., sstisfac::. i ENGINEER and delivered in accordance with the Contrac au.nen.s all mai•••enance and or •atinti ir.structions. schedui:s, guarantees. Bonds. cert:fi- c::: or other evidence of insurance required by paragraph 5.4. certificates of inspection, marked -tit record do..iments ;as pro%k.led in paragraph 6.19) and other ,'.o uments.'. )NTR \ - TOR rr: y make ap,••lication for final payment fol; •- ins the procoure for am •ess payments. The find Appli: mon for Payment shall be a:,:.o.,p :,vied (except as prev iously dchve--d) by: (i) all do-urnentat,on _ailed for in the Contract Documents, inciudin i out n.: limited to the evidence of insurance required by :ubpai-agra, - 5 4. ! 3. (ii) consent of :he surety, if any. to final pay meet. 4na :: i complete and !ecally effective releases or wavers (satist, ,,ry to OWNE? ` of all Liens arising out Dior filed in tonne. »» ,n w::h the Work. in lieu of such releases or waivers of Li: -:.and as approved by OWNER. CONTPAC- TOR may '•lrni. . re_eipts c- reit...Les in full and an aida%it of CONTRA -TOR that: (i) the releases and receipts include all labor, se -',_es, matenal an.: equipmen; lo. which a Lien could be fitec. (ii) all payroll;, material ant' equipment bills and other inde:•redness connectcd with the 1i ark for which OWNER or OWNER's pro;.erty mint in any w :y be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a releas'. or receipt in full. CONTRACTOR may furnish a Bond cr . •;her collateral sat's- factc. y t,; OWNER to indemnify OWN.: against any Lien. Fula. 'rvme►it and Acceptance: 1. !3. If, on the basis of ENGIN EER's observatror• of the Won. :unng construction and Tana! inspection, and E'NGI- NEEi, s review o; -he final Application for Paymei:. and accompanying docum.ntation as required b' the Contract Documents. ENGINEER is satisfied that the v '.x haa beer. comple• and CONTRACTOR's other obligati:ns under the Contra:: Document; have been fulfilled, ENGINEER will. within ten days after receipt of the final Application for Payr n:. Indicate rn wnting ENC•TN!:.:•R's recommendation of p,•v:a:: and presen: the 4ppi ...... . to OWNEF for pay- ment At tr,e same time ENG1N. tiR w►L' also give writter. notice to OWNER and CCNTR,s=TOR t:.at the Work is •_ptab.e subject to the provisicr. L' raragraph 14.15. Oth- e-..-rse. ENGINEER will return the -,pnlicauon to CON- TRALTUR. rrdicating in wnting the reasons for refusing tc recommend f -tat payment. in which case CONTRACTOR shall make the ne_essary corrections and resubmit the Appiicau..n. Tnirty days afte- the presentation to OWNER of the Appt.ca- tion dnd accompanying dc-:umentat,on. in appropriate form and substance. and wit!. ENGINEER'•..ecommend..:on and notice cf acceptability. the amount re•-ommended by ENGI- NEER will become due and will be paid by OWNER to CONTRACTOR. 14 14. If. through no fault of CONTRACTOR. final com- pletion of the Work is signnrcandy delayed and if ENGINEER so confirms. OWNER shall, upon receipt of ( "PiTRACiOR s final Application for Payment and rec omrrter..ata4 of ENG; \EER, and w,thou' terminating the Agreement, make pov- ment of thr balance due for that p,rtron o; :he Work fu'I' completer, ar' ; . -pied. If the remaining bala.•k= to be held b,, Oµ NER i .r WQ.1( no( fully completed or corrected is less than the ret:_.nage stt.ulated i:, the Agreement. and if Bonds have been furnished as required in paragraph S.I. the wntten con- sent of the surety to the payment of the balance due for trot portion of the Work fully complete.' and accepted shalt 'e submitted by CONTRAC OR to ENGINEER with the .Apf.ri- catron for such payment. Such payment shall be made under the term: and :onditions governing final payment. except taut it shall not constitute a waiver of claims. Waiver of Cann: 14.15. The making and acceptance of final payment will constitute: 1L.15 1. a waiver of all claims by OWNER against CONTRACTOR, except claims arming from unserr, -d Liens, from defective Work appearing after fin•.:. ins; qtr 'n pursu- ant to paragraph 14.11. fror failure to cornniv with the Contract Documents or the term:, of any special guarantees specified therein. or front CONTRAC DR's continuin- ob- li.ations ..nder the Contract Documents; and ;4.15.2. a waiver of ali claims by CONTRACTOR against OWNER other than those previousl• made in wr+•tng and still unsettled. ARTICLE I5—SUSPE SION OE WORK AND TERMINATION OWNER May Suspend Wort. 15.1. At any time rno without cause, OWNER may sus- pend the Work or any portion thereof for a penod of not more than ninety dr vs by notice in wnting to CONTRACTOR and ENGINEER which will fix tr.e date on which Work will be resumed. rCONTRACI2R shall rest:me tiie Work on the date so fixed.: ONTRACTO • hall be allowed an adjustment in the Contract r -rice or an extension of the _ontract Times. or both, directly attributable to any st.ch suspension if CONTRACTOR makes an approves claim t!ie--`or as provided in Attacks 11 and 12. OWNE': May Minutiae: 15.2. Upon the oc:urzence of an: one or more of the following events: GC.- 15 2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents eluding. but not limited to. failure to supply sufficient skilled workers or suitable rnatenals or equipment or failure to adhere to 'he progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6): 15.2.2. if CONTRACTOR disregards Laws or Regula- tions of any public body having junsdiction: 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.t of th- Work and of all CONTRACTOR'S tools. appliances, construction equipment and machinery at the site and use the same to the full extent the;• could be used by CONTRACTOR (without liability to CC fRACTOR for trespass or conversion). incorporate in the Wort, all materi- als and equipment stored at the site or fo, 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 al, claims. costs. losses and damages 'sustained by OWNER arising out of or resulting from com; leting the Work s•ich 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 CON'TRAC'TOR 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 adcnte. 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 pnor to the effec- tive dat: 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 clams. costs. losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others: and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other e:..,nomic loss arising 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 Appl.cation for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum filially determined to be due. then CONTRACTOR may, upon seven days' wntten notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that tt.ne. 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 right or remedy. if ENGINEER has failed to act on an Apolicition for Payment within thirty days after it is submitteu, or OWNER has failed for thirty days to pay CONTRACTOR arty sum finally determined to be due. CONTRACTOR may upon seven day's wntten notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR. including interest thereon. The provisions of this paragraph 15.5 are not intended to prrciude 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. CLE 16 —DISPUTE RESOLUTION If and to the ex that OWNER and . TRAL-IUR have agreed on the meth. • • . . proced for resolving disputes between them that may nder this Agreement. such disput- -:solution met . s 6 p • • • ure. if any. shall be as set forth in Exhibit GC- 1'spute Reso • - n Agreement." to be attar. hed 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 such n Contract Documents o anv ARTICLE 17 —MISCELLANEOUS GI, ing 'Valet: 17.1. Whenever any provision of the Contract Documents requires the giving of written nonce. it will be deemed to have been validly given if telivered 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. Computaaon of Times - 17 2 1. When any penod of time is referred to in the Contract Documents by days. it will be computed to exclude the first and include the la.t day of such period. !f the last d:v of any such penot falls on a Saturday or Sunday or on a day 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 measur►'i from midnight to the next midnight will constrtut^ c day. No.ice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or proper.y because of any error. oru3sion 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 r.,ade in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall nor be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Cumulative Remedies: 1- 4 The duties and obligations imposed by these General Cona r.ons 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- TRAC:IUR by paragraphs 6.12. 6.16. 6.30. 6.31. 6 31. 13 I. 13.12. 13.14. 14.3 and 15.2 and all of the right~ and remedies available to OWNER and ENGINEER thereunder. are in addition to. and are not to be constried in any ...ay as a limitation of. any nghts and remedies avai..r` le to any or all of there which are otherwise imposed or a.a„able 1-y Laws or Regulations. by special warranty or guarar tee or by 0 ier prosisions of the Contract Documents. end the provisror• ref this paragraph will be as effective as if repeated specifica' in the Contract Documents u. connection with each particular duty. obligation. right and remedy to which thcy apply Professional Fees an? Court Cost Included - 17.5. Whenever referen:.e is made to "claims. costs. ,.asses and damages.' it shah inclu.ie in each case. but not be limited to. all fees and char. s of engineers. arch►t acts. attorneys and othe • professionals and all court or arbitration or ot_r dispute resoluti-.t costs. [The remainder of this page was left blank intention..11y.] GC— 47 Supplementary Conditions r SUPPLEMENTARY CONDITIONS L 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 Owner. 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. SUP -CON. SPC/ 1 19P/062598 �r 1 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. SUP -CON. SPC/ 119P/062598 3. RESIDENT PROJECT REPRESENTATIVE A Resident Project Representative will be assigned by the Owner for this project. The duties, responsibilities and limitations of authority of the Resident Project Representative are set forth in Exhibit "B" included in these Supplementary Conditions. 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. SUP -C ON. SPC/ 119P1062598 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 relocation is necessitated by this project to avoid conflict therewith. 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. SUP-CON.SPC/119P/062598 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. 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 Owner, 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 Owner reserves 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, other than noted in Section 6.1 of the Supplemental Conditions, 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. SUP-CON.SPC/119P/062598 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). 10. DEFINITIONS 10.1 Calendar Day - Every day shown on the calendar. 10.2 Work Day - 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". 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. SUP -CON. SPC/ 119P/062598 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. SUP-CON.SPC/ 119P/062598 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 remove 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. SUP-CON.SPC/119P1070898 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. SUP-CON.SPC/119P/062598 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: 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". SUP-CON.SPC/119P1062598 25. CHRISTMAS HOLIDAY No work will be permitted on the project during the Christmas holiday period (Two Weeks) as directed by the Village. This two week period is not included in the 180 Calendar Day Contract Time. 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 by Contractor are: • • • Right -of -Way Permit - Village of Key Biscayne - fee for permit is waived Dade County Dewatering - See Enclosed Notice Florida Department Environmental Protection 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 be 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. SUP -CON . S PC/ 119P/070898 METROPOLITAN DADE COUNTY, FLORIDA ENVIRONMENTAL RESOURCES MANAGEMENT 111 N.W. 1ST STREET SUITE 1310 MIAMI, FLORIDA 33128-1974 (305) 375-3376 NOTICE TO ALL CONTRACTORS INVOLVED IN ANY CONSTRUCTION ACTIVITY WHICH REQUIRES DEWATERING WITH ULTIMATE DISCHARGE INTO A CANAL, LAKE, DITCH OR STORMWATER WHICH DISCHARGES INTO AN OPEN BODY OF WATER OR BISCAYNE BAY. Please be aware that if you are involved in any construction activity as above described, you are required to provide all necessary measures in order to maintain turbidity in the receiving body of water within the acceptable limits as established by the Metropolitan Dade County Code. You must present a separate plan to be included with your building plans indicating your proposed measures or apply for a permit from Metropolitan Dade County Department of Environmental Resources Management before your construction plans will receive final approval. For additional information, please contact Isaac Sznol, P.E., Head, Water Control Section. SC -l2 1 1,7 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. 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 - Sunday - 8 a.m. to 12 noon No Work These work hours shall be observed for weekends unless written permission is granted by the Village of Key Biscayne. SUP-CON.SPC/119P/062598 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 well structures, catch basins, manholes, pipe laying schedules, valves, pipe and fittings, including details of restrained joints, pipe joints, gaskets and test certificates, reinforcing steel, and concrete mix designs. 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. 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. SUP -CON. SPC/1 19 P/062598 Exhibit "A" Village of Key Biscayne Ordinance 93-16 Establishing Prohibitions Against Excessive Noise r SUPPLEMENTARY CONDITIONS EXHIBIT "A" ORDINANCE NO. 93-16 AN ORDINANCE OF THE VILLAGE OF KEY RISCAYNE, 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 B ISCAYNE , 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 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 mez.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. Emeraencv. 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 hclidays, 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 b. Horns, Sianalinc 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 Phonoa.:aohs, 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 ;,he 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 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. Loadinc 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 Eauipment. The use of commercial maintenance equipment which creates a loud cr 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 Fxhihir "A" 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 Broadca,stsz e.c. 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 ADTJlication 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 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 PArmit Issuance; 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 Manage, - 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 puOso,s of paying any such costs. yv e. Person Desicnated As Being In Charge To Se 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 co fail to remain in attendance at the location of.the activity or event authorized by the permit for the entire time specified in the p e rmi t . 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 Exhibit "A" Page 6 of 8 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 co 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._ 5. 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 Conflictinc Provisions. That any conflicting previsions, 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. Seve^abili_tv. 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 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 S. 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 September , 1993. day of RAFAEL H. CONTE, MAYOR GUIDO H.`-INGUANZO, VILLAGE CLERK APPROVED PS TO FORM AND LEGAL SUFFICIENCY: RIC!.ARD JAY WEISS, VILLAGE ATTORNEY lad\keyoisca\ora\rolse 8 42 Exhibit "A" Paee 8 of 8 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. Exhibit "B" EJCDC - 1984 Edition Page 1 of 5 SC-EXHB.SPC/ 119P/062598 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. 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. i i EJCDC - 1984 Edition Exhibit "B" Page 2 of 5 i CC-FXNR CPC'/1 1OP/(lh',SQR 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. 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. EJCDC - 1984 Edition Exhibit "B" Page 3 of 5 S C-EXHB. SPC/ 1 19 P/062598 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. 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, subcontractors 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. EJCDC - 1984 Edition Exhibit "B" Page 4 of 5 Cr_FYI-TR CPr/1 10D/f1-7G02 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 Exhibit "B" Page 5 of 5 cr_VV1_11 cDr/110ATA')GOR 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 tement,is submitted to Village of Kev Biscayne by &NJL for [print individuals name and title] t [print name of entity submitting swam statement] whose business address is 'k1 ' W • ''h(1, AsY , C,)ITE 31 44166 , COI Q2 and (if applicable) its Federal Employer Identification Number (FEIN) is CaGo oe' i'0 2) . (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, 19.89, as a result of a jury verdict, nonjury n-ial, 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 SC-EXHB.SPC/ 119P/062598 1 1 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 submitting this swom statement. [Indicate which statement applies.] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, 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 swom 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 INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFO TION CONT,,i D .f 1 S FORM. Sworn to and subscribed before me this lib day of t \1Etli�i1 , 19 Cit. Personally known Or Produced Identification Notary Public - State of fLOv signature] g/96 (Type of Identification) My Commission Expires L'1i l I Go '4 Richard Cabrera Trin name 8?Lrt1`43 Ptijkliiitimission Exp. 03125/2001 t -800.3 -NOTARY . Fli Notary Ser^ce Boudios Co. Exhibit "C" Page 2 of 2 SC-EXHB.SPC/ 119P/062598 Detailed Specifications 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. 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 and included in Base Bid whether or not they are specifically shown on the Plans or stated herein. 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. Division 1 - General Requirements and Covenants, is not included as part of the specifications for this project. These specifications, with the exception of Division 1, are part of the Contract. In case of conflict, the FDOT "Standard Specifications" shall be subordinate to the remaining Contract Documents. The "Florida Department of Transportation Standard Indices" dated January 1994 and all addenda thereto. B. Definitions: Department: Since this project is being contracted by the Village of Key Biscayne, all references to the "Department" as legal owner will be replaced by "Village of Key Biscayne" as Owner of the project. C. The Contractor is alerted that various "Standards" are used herein for reference and criteria and that he should obtain copies for his general use and protection. Abbreviated titles are used throughout these Specifications and although most of them are widely known, their complete titles are given below in order to avoid any misunderstanding. AASHTO American Association of State Highway and Transportation Officials AISI American Iron and Steel Institute ANSI American National Standards Institute GCP.SPC/119P/071798 ASTM American Society of Testing and Materials AWWA American Water Works Association The above list shall not be considered complete, as there are other "Standards" used; however, in most cases complete titles have been given. Wherever "Standards" are indicated herein for reference, the referenced portion shall have the same force and effect as if it were included herein in its entirety, latest revision if date of publication not shown. 3. DETAILED SPECIFICATIONS The Detailed Specifications are additional specifications intended to address items of work not included or addressed in the FDOT Standard Specifications. In case of a conflict, the FDOT Standard Specifications shall be subordinate to corresponding sections of the Detailed Specifications, General Conditions, and Supplemental Conditions. All work shown on the plans shall be included in pay items. 4. WEEKLY CONSTRUCTION MEETINGS Weekly construction meetings are required to be held on site. The purpose of these meetings will be to review the work of the previous week, schedule the next weeks' work, inform residents and utility companies of schedules, and discuss any additional questions. GCP SPC/1 19P/070898 GCP-7 SECTION NO. 100 ALLOWANCE ACCOUNT 100-1 DESCRIPTION The allowance account has been set up to compensate the Contractor for permit fees as identified, for reimbursement of public utility costs associated with maintenance or relocation of existing facilities related to the construction and any other approved cost by the Village of Key Biscayne. 100-2 SPECIFIC REQUIREMENTS This account was established as a method of payment for the requirements as identified in the following items: A. Permitting fees from Dade County and the Village of Key Biscayne for building and drainage fees. B. Payment for utility costs approved for payment as noted in Section 6.3.5 of the Supplementary Conditions. C. Any other approved cost by the Village of Key Biscayne. 100-3 BASIS OF PAYMENT Payment will be made in accordance with the actual fee charged by permitting entity or utility. Any charge for utility services must be received prior to approval of the Owner. The cost associated with this allowance is a pass -through cost (no mark-up permitted) and verification is required to be documented prior to payment. 100-3.1 PAYMENT Payment shall be made under: Item No. 100-1 Allowance Account DS-100.SPC/ 119P/062598 SECTION NO. 101 MOBILIZATION AND SITE VIDEO 101-1 DESCRIPTION The addition to this section includes the indemnification cost and the mobilization includes not only the establishment of facilities in this section but includes removing and restoration of the facilities. The Contractor is responsible for obtaining suitable storage areas, office facilities, and must obtain Owner's approval for storage locations as stated in other Sections. Note: Construction "trailers" are not allowed. All structures must conform to Owner's ordinances and requirements. VIDEO RECORD OF WORK AREA: The Contractor shall prepare a video in accordance with paragraph 28, page SC -13 of the Supplementary Conditions. Plants, landscaping, mailboxes, front view of homes on both sides of the street shall be included. Measurement and payment for the video and project photographs shall be part of the lump sum bid price. 101-2 BASIS OF PAYMENT 101-2.1 Payment shall be made under: Item No. 101-1 Item No. 101-2 Item No. 101-3 Mobilization - per lump sum Indemnification - per lump sum Performance and Payment Guaranty & Insurance - per lump sum 101-2.2 Partial Payments - Partial payments for Item 101-1 Mobilization, will be made in accordance with the following: Percent of Original Allowable Percent of Lump Contract Amount Earned Sum Price For the Item 5 25 25 50 50 75 75 90 100 100 DS -1O1. SPC/ 119P/070898 SECTION NO. 102 MAINTENANCE OF TRAFFIC 102-1 GENERAL DESCRIPTION The work specified in this section shall be in accordance with Section 102 Maintenance of Traffic of the FDOT Standard Specifications. 102-2 SPECIFIC REQUIREMENTS Maintenance of Roadway Surface - Add the following to this section: The Contractor shall be solely responsible for maintaining vehicular and pedestrian traffic at the construction site during the course of the work. The Contractor shall close one MOT phase at a time. The contractor shall maintain one travel lane at all times to provide reasonable access to the residents. The Contractor shall notify residents 24 hours prior to proposed construction that will affect access to their property if vehicular access to residents is to be restricted, Contractor notification shall not be more than 72 hours in advance of construction in addition to minimum of 24 hour notification. This notification shall be written notification, mailed or hand delivered door-to-door. The Owner shall supply a sample notification for the Contractor's use. When maintaining one travel lane on a street during hours of no construction, including weekends, the Contractor shall monitor the site to be assured all traffic control devices are working and properly placed. If the monitoring discovers any discrepancies in the traffic control it must be corrected immediately including temporary flagmen until the discrepancy is corrected. Maintenance of Traffic Plan A. The Contractor's maintenance of traffic plan shall indicate the street closing and detour routes. The Contractor shall submit a plan to the Village Police Department indicating the signs and barricades to implement this plan. The Contractor's plan shall be in conformance to the Manual on Uniform Traffic Control Devices for Streets and Highways as published by the U.S. Department of Transportation Federal Highway Administration. The Contractor's plan must be approved by the Village prior to implementation of the plan. B. The Contractor's maintenance of traffic plan must include all necessary lighting devices for 24 -hour operation of the maintenance of traffic. DS -102. SPC/ 119P/071798 C. The Contractor's maintenance of traffic plan will include all necessary advance warning signage. D. The Contractor shall be fully responsible for proper maintenance of all traffic facilities on a 24 -hour, 7 day a week basis. 102-7 Basis of Payment This item shall be full compensation for all work covered under this Section. Payment shall be made under: Item No. 102-1 Maintenance of Traffic - per lump sum DS -102. SPC/ 119P/071798 SECTION NO. 104 PREVENTION, CONTROL AND ABATEMENT OF EROSION AND WATER CONTROL 104-1 DESCRIPTION The Contractor shall preclude any silt or other construction debris, sand or deleterious material from entering the existing drainage wells. 104-3 BASIS OF PAYMENT No direct payment will be made for work in this section. DS -104. SPC/ 119P/070898 SECTION NO. 110 CLEARING AND GRUBBING 110-1 DESCRIPTION The work specified in this section shall be in accordance to Section 110 - Clearing and Grubbing of the FDOT Standard Specifications. 110-2 SPECIFIC REQUIREMENTS The existing trees have been planted by the Village of Key Biscayne. They shall be relocated or removed by the Village prior to work commencing on each phase of this Project. It shall be the responsibility of the Contractor to coordinate this relocation and removal work with the Village to ensure relocation or removal of the trees by the Village in a manner consistent with the Contractor's schedule. Failure of the Contractor to adequately coordinate this effort in order to not impact the Contractor's schedule will not be a basis for a claim of delay. Removal and Disposal of Bollards to be included in Lump Sum Payment for Clearing and Grubbing. Concrete removal shall be performed carefully to avoid damage to existing wall and other structures to remain. Any damage to structures to remain shall be repaired to the satisfaction of the Village at no additional cost to the Contract. 110-3 METHOD OF MEASUREMENT Method of measurement shall be per lump sum for Item No. 110-1 and include all items covered under this Section except for: per each for Item No. 110-3, per lump sum for Item No. 110-3A, and per square yard for Item No. 110-4, 110-4A, and 110-4B. 110-4 BASIS OF PAYMENT Payment shall include all items covered under this Section and shall be made under: Item No. 110-1 Item No. 110-3 Item No. 110-3A Item No. 110-4 Item No. 110-4A Item No. 110-4B Clearing and Grubbing - per lump sum Abandon Existing Inlets - per each Remove Inlet and Pipes to Inlet - per Lump Sum Remove Existing Asphalt - per square yard Remove Existing Concrete Sidewalk Pavement and Concrete Walks - per square yard Remove Existing Concrete Pavement (Other than Sidewalks and Concrete Walks) - per square yard DS -1 10. SPC/ 119P/071798 SECTION NO. 120 EXCAVATION AND EMBANKMENT 120-1 DESCRIPTION The work specified in this section shall be in accordance to Section 120 - Excavation and Embankment of the FDOT Standard Specifications. 120-12 METHOD OF MEASUREMENT Method of measurement shall be lump sum and shall include excavation, borrow, hauling, placing, and compacting and all other items covered under this Section. 120-13 BASIS OF PAYMENT The grading shall be paid at the lump sum contract unit price, which price and payment shall be full compensation for performing and completing all work under this Section. Payment shall be made under: Item No. 120-1 Grading - per lump sum DS -120. SPC/ 119P/070898 SECTION NO. 160 STABLIZING 160-1 DESCRIPTION The work specified in this section shall include stabilizing the subgrade for areas as indicated in the plans. The work shall be in accordance with Section 160 — Stabilizing of the FDOT Standard Specifications. 160-9 METHOD OF MEASUREMENT Stabilizing shall be measured by the number of square yards of 12" stabilized subgrade completed. 160-10 BASIS OF PAYMENT The quantity of 12" stabilized subgrade shall be paid for at the contract unit price per square yard, which price and payment shall be full compensation for performing and completing all work under this Section and of a 12" stabilized subgrade. Payment shall be made under: Item No. 160-4 12" Stabilized Subgrade — per square yard DS -160-1 SECTION NO. 200 LIMEROCK BASE 200-1 DESCRIPTION The work specified in this section shall include limerock base including prime coat. The work shall be in accordance with Section 200 - Limerock Base and Section 300 - Prime and Tack Coats for Base Courses of the FDOT Standard Specifications. 200-11 METHOD OF MEASUREMENT Limerock base, including prime coat, shall be measured by the number of square yards of limerock base completed and accepted by the Engineer. 200-12 BASIS OF PAYMENT The quantity of limerock base shall be paid for at the contract unit price per square yard, which price and payment shall be full compensation for performing and completing all work under this Section and of a 6" limerock base primed. Payment shall be made under: Item No. 200-1 Limerock Base, Primed (6" Thick) - per square yard DS -200. SPC/ 119P/070898 TN c' Inn 1 SECTION NO. 210 REWORKING LIMEROCK BASE 210-1 DESCRIPTION The work specified in this section shall be in accordance to Section 210 — Reworking Limerock Base of the FDOT Standard Specifications. The existing limerock shall be scarified to a depth of not less than four inches, for the full width of the proposed base, then Limerock added to meet proposed grades, then shaped and compacted to 100% to produce the required cross-section. The work included under Pay Item 210-1 includes compensation for priming in accordance with Section 300 — Prime and Tack Coat for Base Courses and Item 210-1 includes all additional Limerock required to meet proposed grades. 210-9 BASIS OF PAYMENT The quantity of Reworking Limerock Base shall be paid for at the contract unit price per square yard for Reworking Limerock Base, completed and accepted. Such price and payment shall be full compensation for all the work specified in this Section including priming, and shall include adding additional limerock required to meet proposed grades. Payment shall be made under: Item No. 210-1 Reworking Limerock Base - per square yard DS-210.SPC/119P/071798 TIC 1 1 n 1 SECTION NO. 331 TYPE S - ASPHALTIC CONCRETE 331-1 DESCRIPTION The work specified in this section shall be for Type S Asphaltic Concrete construction. The work shall be in accordance with Section 331 of the FDOT Standard Specifications. 331-4 GENERAL COMPOSITION OF MIXTURE No specific job mix will be required for the project provided certification is made that the project job mix is an FDOT-approved job mix formula. 331-5 ACCEPTANCE OF THE MIXTURE Acceptance will be based on compacted density, quality of installed asphalt, and surface tolerance as approved by the Engineer. The FDOT Lot Basis does not apply on this project. 331-6 COMPENSATION Pavement will be paid for by the area of pavement installed, in square yards, as shown on the plans and accepted by the Engineer for pay item 331-1. For pay item 331-2, payment will be made for actual pavement installed measured by actual asphalt tonnage delivered to site and accepted by the Engineer. 331-7 BASIS OF PAYMENT The contract unit price per square yard or per ton, as applicable, shall be full compensation for all the work covered under this Section. (Including applicable requirements of Section 320 and 330.) Payment shall be made under: Item No. 331-1 Item No. 331-2 Type S-3 Asphaltic Concrete (1'/2" Thick) - per square yard Type S-3 Asphaltic Concrete (Variable Thickness) Overlay — per ton DS -3 3 3 . SPC/ 119P/071798 SECTION NO. 390 BRICK PAVERS 390-1 DESCRIPTION The work in this section consists of installing brick pavers over a prepared 6" limerock base. The installation includes the brick pavers, sand bedding, and grout joints as shown on the plans. 390-2 MATERIALS AND CONSTRUCTION The materials are as follows: A. Concrete Pavers - Portostone Pavers with rounded surface from American Pavers, or approved equal by the Owner. Color and Pattern of Concrete Pavers: As directed by the Village of Key Biscayne. Contractor to provide samples to Village for Approval. Labor warranty shall be five (5) years. 390-3 METHOD OF MEASUREMENT Method of measurement shall be the number of square yards of brick pavers completed and accepted by the Engineer. 390-4 BASIS OF PAYMENT The quantity of brick pavers shall be paid for at the contract unit price per square yard, which price shall be full compensation for performing and completing all work for brick pavers. Payment shall be made under: Item No. 390-1 Brick Pavers - per square yard DS-390.SPC/119P/071798 TIC '2 On 1 SECTION NO. 425 INLETS, MANHOLES AND JUNCTION BOXES 425-1 DESCRIPTION This section includes installations of inlets as shown on the plans in accordance with Section 425 - Inlets, Manholes and Junction Boxes of the FDOT Standard Specifications. Adjusting manholes shall be defined as adjusting frame and cover to complete the work shown in the plans. Adjusting valves boxes, meter boxes, and cleanouts shall be defined as adjusting frame and cover (and replacing boxes and other accessories as required) of structures to complete the work shown on the plans. The work shall be in accordance with Section 425 of the FDOT Standard Specifications. Converting existing inlet to manhole. Inlet grate to be removed. Structure to be converted to Manhole with USF 654 Ring and cover marked "Storm" by method submitted to and approved by Engineer. 425-7 METHOD OF MEASUREMENT The quantities to be paid for under this Section shall be the number of inlets installed, manholes, valves, meter boxes, and cleanouts adjusted completed and accepted by the Engineer. 425-8 METHOD OF PAYMENT Payment shall include all items covered under this Section and be made under: Item No. 425-1 Item No. 425-5 Item No. 425-6 Item No. 425-7 Inlets - per each Adjust Manholes - per each Adjust Valve Boxes, Meter Boxes, and Cleanouts — per each Convert Inlet to Manhole — Lump Sum DS -425. SPC/ 119P/071798 TIC Al< 1 SECTION NO. 430 PIPE CULVERTS AND STORM SEWERS 430-1 DESCRIPTION The work in this section consists of installing High Density Polyethylene Pipe (HDPE) storm sewer. Pipe joints and connections shall be watertight. 430-2 PIPE The following pipe materials shall be used: Hancor or Approved Equal 430-4 TRENCH EXCAVATION Because the work area is constrained by soil type, utilities, landscaping and maintenance of traffic conditions, the Contractor may be required to use special equipment to limit the trench width. The cost of such special equipment or work is to be included in the unit price for storm sewer pipe. Pipe foundation for area where muck is encountered shall be an extra two (2) feet deep of additional pearock as directed by the Engineer and paid for per linear foot of stormsewer pipe installed over unsuitable materials. No muck was encountered on the borings so this item may not be utilized at all. No increase to bid price shall be permitted due to a reduction in actual quantity used of pipe bedding. Any earth or other excavated material spilled from the trucks shall immediately be removed by the Contractor and the streets cleaned to the Owner's satisfaction. For compliance with the State of Florida Trench Safety Act (TSA) for storm sewer pipe items, the payment shall be included under the unit price for the lineal feet of pipe installed. 430-5 BACKFILLING Because of the location and elevation of the work area it is anticipated that wet conditions may be such that dewatering by normal pumping methods will not be effective. Therefore, backfilling can be accomplished under Section 125-8.3.3 Backfill Under Wet Conditions. See attached Notice to Contractors regarding dewatering. Any sprinkler lines encountered in the trenching operations will be repaired to the pre -construction condition at no additional cost. DS-430.SPC/119P/071798 TIC A2fl 1 Contractor shall be responsible for disposal of asphalt, excess and unsuitable materials, site cleanup and restoration under this section. 430-12 METHOD OF MEASUREMENT Storm Sewer Pipe - For the number of lineal feet of storm sewer pipe completed. Additional Bedding - For the number of lineal feet of storm sewer pipe installed over unsuitable materials as directed by the Engineer. 430-13 BASIS OF PAYMENT Payment to the Contractor under items below will be based on a per -foot basis with the number of feet of pipe that are installed and accepted and include all costs covered under this Section and all cost associated with installation including shoring, restoration of trench per details on plans and dewatering. Payment shall be made under: Item No. 430-1A Item No. 430-1B Item No. 430-2 Storm Sewer Pipe (15" HDPE) - per linear foot Storm Sewer Pipe (18" HDPE) - per linear foot Additional Bedding - per linear foot DS-430.SPC/119P/070998 roc non SECTION NO. 444 DEEP DRAINAGE WELL SYSTEM 444-1 444-2 444-3 DESCRIPTON The work specified in this section consists of the construction of a deep well system in accordance with these specifications and conforming to the elevations, dimensions, notes and details as shown on the Plans. This includes all structures from the termination of the storm sewer pipe. Drainage well shall be drilled and tested to a capacity of 2,000 GPM per two feet of head. MATERIALS 444-2.1 Deep Drainage Well The size of the steel well casing shall be the external diameter as shown on the Plans. This casing shall be constructed on 0.375" wall black steel pipe. 444-2.2 Precast Box Structures The materials used shall conform to Section 425 — Inlets, Manholes, and Junction Box. CONSTRUCTION 444-3.1 General The well drilling contractor shall furnish all labor, Florida Department of Environment Protection (FDEP) permits, materials, and equipment required to construct, test, and maintain deep drainage wells in accordance with these Specifications and comply with all applicable requirements of regulatory agencies. The Contractor shall secure the necessary D.E.P. well drilling permits as well as a DERM Class V Permit. The wells shall be constructed to conform with the elevations, notes, and details shown in the Plans. The Contractor shall drill the wells at a specified diameter as called for in the Plans, to a depth which will produce the injection discharge capacity at the required head as shown in the Plans. DS-444.SPC07/17/98 DS -444-1 The construction of concrete box structures shall conform to all applicable sections of Section 425 — Inlets, Manholes and Junction Boxes. 444-3.2 Installation of Casing The Contractor shall construct the wells with casing from the given rim elevations shown in the Plans to a water bearing strata capable of accepting the specified minimum discharge. The minimum chloride content for this water bearing strata must be 1,500 parts per million. The total dissolved solids of the base of the pipe shall be between 3,000 and 10,000 PPM. Well shall be plumb and true to line as good workmanship will provide. 444-3.3 Construction of Open Hole The Contractor shall continue to construct an open hole, of the same, diameter as the casing to a depth which will provide the minimum discharge capacity as called for in the Plans. This open hole shall be developed by the "Air -Lift Method" (reverse circulation drilling) to remove all sand and gravel from the open hole. 444-3.4 Testing The pumping test employed to determine the capacity of the well and whether or not it meets the specific capacity called for will be as specified. The tests used shall be sufficient to prove that the injection well will dispose of the designated capacity of the well. Test methods shall be approved by the Engineer during the shop drawing submittal phase. The Contractor shall furnish, install, and remove the necessary measuring instruments and satisfactory throttling devices. The test pumping unit shall be complete with an ample power source, controls, and appurtenances and shall be capable of being operated without interruption for a period of 30 minutes. Discharge shall be checked and adjusted, if necessary, every five minutes for a period of 20 minutes. The discharge and time of measurement shall be recorded each time it is checked and a note made of any adjustments. The static or nonpumping water level shall be established prior to the start of the test. DS-444.SPC06/30/98 DS -444-2 444-3.4 Maintenance of Wells The Contractor shall cap and seal the completed deep wells immediately following construction and testing of the well as specified above. During the construction operations, the Contractor shall not allow the discharge of any materials or fluids into the well, without written consent from the Engineer, unless it is for the purpose of testing the capacity of the wells. When all paving and grassing operations have been completed, prior to final acceptance, the Contractor shall remove the cap and seal from the well, and clean the well, removing all solid material. At this time the Contractor shall have all inlets and other drainage structures in place and operational. 444-4 BASIS OF MEASUREMENT The quantities to be paid for under this section shall be for each system with the wells being tested and accepted prior to payment. The limits measurement for such system will be as illustrated in the Plans. 444-5 BASIS OF PAYMENT 444-5.1 General The quantities determined as provided above shall be paid at the contract price per each installation. Such prices and payment shall be full compensation for all work specified in this Section and shown on plans. 444-5.2 Payment Payment shall be made under: Item No. 444-1 Deep Drainage Well System with Internal Well, Control Structure, Weir & Baffle — per each DS-444.SPC07/08/98 DS -444-3 SECTION NO. 520 CONCRETE GUTTER, CURB ELEMENTS AND TRAFFIC SEPARATOR 520-1 DESCRIPTION The work specified in this section includes concrete curb and gutter, and concrete bands as indicated on the plans. The work shall be in accordance with Section 520 - Concrete Gutter, Curb Elements and Traffic Separator of the FDOT Standard Specifications. 520-2 MATERIALS As specified in Section 520-2.1 through 520-2.3, per FDOT Standard Specifications. All Concrete covered under this section shall be Key Coral per Rinker Mix #C301KC. 520-3 METHOD OF MEASUREMENT A. Type "F" Concrete Curb and Gutter for the number of lineal feet of curb and gutter completed. B. Drop Curb for the number of lineal feet of curb and gutter completed. C. Type "D" Concrete Curb for the number of lineal feet of curb completed. D. Concrete Bands - For the number of lineal feet of concrete bands completed. 520-4 BASIS OF PAYMENT The quantity of concrete curb and gutter, concrete bands and sidewalk shall be paid at the contract price per linear foot for concrete curb and gutter, concrete bands, and for sidewalk, which price and payment shall be full compensation for performing and completing all work required to install each item and includes all work covered under this section. Payment shall be made under: Item No. 520-1A Item No. 520-1B Item No. 520-1C Item No. 520-1D Item No. 520-1E Item No. 520-1F Type "F" Concrete Curb and Gutter (Colored) - per linear foot Drop Curb (Colored) - per linear foot Type "D" Curb (Colored) - per linear foot Concrete Band (Roadway) (Colored) - per linear foot Concrete Band (12" for Sidewalk) (Colored) - per linear foot Concrete Band (6" for Sidewalk) (Colored) - per linear foot DS -520. SPC/ 119P/071698 SECTION NO. 522 CONCRETE SIDEWALK 522-1 DESCRIPTION The work specified in this Section consists of the construction of concrete sidewalk, in accordance with these Specifications, and conformity with the lines, grades, dimensions and notes in the plans. 522-2 MATERIALS As specified in Section 522-2.1. Concrete for items 522-1 and 522-2 shall be Key Coral per Rinker Mix #C301KC. Concrete for 522-1A shall be regular mix (no color added). 522-10 BASIS OF PAYMENT The quantity shall be paid for at the contract unit price per square yard for Concrete Sidewalk, which price and payment shall be full compensation for all work covered under this Section and all work required to install sidewalk at line and grade shown on plans. Payment shall be made under: Item No. 522-1 Item No. 522-1A Item No. 522-2 Concrete Sidewalk, 4" Thick - per square yard Concrete Walks, 4" Thick (No Color Added) per square yard Concrete Sidewalk, 6" Thick - per square yard DS-522.SPC/071698 SECTION NO. 575 SODDING 575-1 DESCRIPTION The work specified in this section includes sodding all disturbed areas within the construction limits. Sod shall be placed as directed by the Engineer. The work shall be in accordance with Section 575 - Sodding, of the FDOT Standard Specifications. 575-2 MATERIALS The sod shall be St. Augustine Sod - Floratam. 575-4 METHOD OF MEASUREMENT Sod shall be measured by the number of square yards of sodding completed. 575-5 BASIS OF PAYMENT The quantity of sod shall be shall be paid at the contract price per square yard, which price and payment shall be full compensation for performing and completing all work of sodding and all work covered under this Section including watering. Payment shall be made under: Item No. 575-1 Sodding - per square yard DS-575.SPC/119P/070898 nc_G7s_1 SECTION NO. 700 HIGHWAY SIGNING 700-1 DESCRIPTION The work specified in this section includes installing the permanent street signs as indicated on the plans. The temporary signs for maintenance of traffic shall be in compliance with this section; however, their cost is included in the Lump Sum for maintenance of traffic. The work shall be in accordance with Section 700 - Highway Signing, of the FDOT Standard Specifications. 700-10 METHOD OF MEASUREMENT Traffic signs (permanent) shall be paid by the number of signs completed. 700-11 BASIS OF PAYMENT The quantity of signs shall be shall be paid at the contract price per each, which price and payment shall be full compensation for all items covered under this Section and for performing and completing all signage work. Payment shall be made under: Item No. 700-1 Traffic Signs (Permanent) - per each DS-700.SPC/119P1070998 SECTION NO. 711 THERMOPLASTIC TRAFFIC STRIPES AND MARKING 711-1 DESCRIPTION The work specified in this section includes installing the thermoplastic traffic marking in accordance with the plans. The work shall be in accordance with Section 711 - Thermoplastic Stripes and Marking, of the FDOT Standard Specifications. 711-9 METHOD OF MEASUREMENT Thermoplastic marking shall be paid by the number of square feet of thermoplastic marking completed. 711-10 BASIS OF PAYMENT The quantity of thermoplastic marking shall be shall be paid at the contract price per square feet, which price and payment shall be full compensation for all items covered under this Section and for performing and completing thermoplastic marking. Payment shall be made under: Item No. 711-1 Thermoplastic Marking - per square foot DS -711. SPC/ 119P/070998 SECTION NO. 948 MISCELLANEOUS TYPES OF PIPE 948-1 DESCRIPTION The work specified in this section includes installing the 4" Schedule 40 Polyvinyl Chloride (PVC) Pipe in accordance with the plans. The work shall be in accordance with Section 948 - Miscellaneous Types of Pipe, of the FDOT Standard Specifications. 948-3 METHOD OF MEASUREMENT 4" Schedule 40 PVC pipe shall be paid per the number of lineal feet of PVC pipe completed. 948-3 BASIS OF PAYMENT Payment to the Contract under this item will be based on a "per foot" basis with the number of feet of pipe that are installed. Payment shall be made under: Item No. 948-1A 4" Schedule 40 PVC Pipe - per linear foot DS -948. SPC/ 119P/063098 TIC OA 4 1 APPENDIX A TEST BORING LOGS MULTIPLE BORING PROFILE(SUMMARY) Proposed 18" Diameter HDPE Drainage Pipeline DEPTH (feet 0 5 10 15 20 25 Page A- 1 B-3 . e .. �. p .'t 21 39 0 : 33 :::L1 13 :fQ : X27 .A.:.:22 : :4' 12 • 4' 22 ► : '4' 18 (leafl N i ,-!0n IIMI WINGERTER LABORATORILB IIC Professional Engineering h Ts :tin/ TEST BORING LOG BORING NO.: B-1 CLIENT: Village of Key Biscayne PROJECT: Proposed 18" Diameter HDPE Drainage Pipeline LOCATION: As shown on boring location sketch DRILLER: J. Cooper DRILL RIG: Simco DEPTH TO WATER: 2.5' ORDER NO.: M22736.2(444) DATE STARTED: 6-22-98 DATE COMPLETED: 6-22-98 ELEVATION: - DEPTH (feet) SOIL SYMBOLS, AND BLOWS PER SIX INCHES SOIL DESCRIPTION STANDARD PENETRATION TEST SAMPLE NO. SAMPLING INTERVAL N 0 — 1 — 2 3 4 — 5- 6 — 7 8 9 10 -- 11 12 13 14 — 15 — 16 17 18 19 20 21 22 23 24 25 H 26—+ 27 28—� 29 30 31 32 33 a••• • :a o• a: a. a a 4 7 8 8 5 4 5 8 10 — 10 12 10 3 — 3 6 8 5 3 1 4 6 7 6 6 4 5 7 7 Dark brown silica SAND with trace fragmented limestone with trace roots Tan silica SAND with trace fragmented shells Tan to light gray silty SAND with trace fragmented shells with trace organics Gray silica SAND with trace fragmented shells Gray fine silica SAND with trace fragmented shells Boring terminated at 15.0' 1 2 3 4 5 6 7 8 0.0-1.0 1.0-2.0 2.0-4.0 4.0-6.0 6.0-8.0 8.0-10.0 10.0-12.0 13.0-15.0 15 9 22 9 4 13 12 N -value CURVE 10 30 50 70 90 This information pertains only to this boring and should not be interpreted as being Indicative of the site 1820 N E 144th Street, ' North Miami, FL 33181 13051 944-3401 1 800 -345 -SOIL WINGERTER LABORATORIES, INC. Page A-2 WINGERTER LABOLuroame ac. Professional Ene / m.rin( & Totting TEST BORING LOG BORING NO.: B-2 CLIENT: Village of Key Biscayne PROJECT: Proposed 18" Diameter HDPE Drainage Pipeline LOCATION: As shown on boring location sketch DRILLER: J. Cooper DRILL RIG: Simco DEPTH TO WATER: 2.0' ORDER NO.: M22736.2(444) DATE STARTED: 6-22-98 DATE COMPLETED: 6-22-98 ELEVATION: - DEPTH (feet) SOIL SYMBOLS, AND BLOWS PER SIX INCHES SOIL DESCRIPTION STANDARD PENETRATION TEST SAMPLE NO. SAMPLING INTERVAL N 0 — 2 3 — 4 5 6 7 8 — 9 10 11 12 13 14 15 — 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 3 4 4 4 4 8 12 6 6 10 12 3 5 8 8 14 17 22 30 18 15 12 12 9 12 10 14 4.5" thick concrete pavement over tan silica SAND with trace fragmented limestone Dark gray to black silty SAND and ORGANIC MATERIAL Tan silica SAND with trace fragmented limestone with trace organics Tan to light gray silica SAND with some fragmented shells Gray fine silica SAND with trace fragmented shells Boring terminated at 15.0' 1 2 3 4 5 6 7 8 0.0-2.0 2.0-3.0 3.0-4.0 4.0-6.0 6.0-8 0 8.0-10.0 10.0-12.0 13.0-15.0 7 12 16 13 39 27 22 N -value CURVE 10 30 50 70 90 1 l This information pertains only to this boring and should not be interpreted as being indicative of the site 1820 N E 144th Street, ' North Miami, FL 33181 13051 944-3401 1 -800 -345 -SOIL WINGERTER LABORATORIES, INC. Page A-3 III LABORATORIES MC. T.WIIRGERTER profasaional Engineering As Tasting TEST BORING LOG BORING NO.: B-3 CLIENT: Village of Key Biscayne PROJECT: Proposed 18" Diameter HDPE Drainage Pipeline LOCATION: As shown on boring location sketch DRILLER: J. Cooper DRILL RIG: Simco DEPTH TO WATER: 2.0' ORDER NO.: M22736.2(444) DATE STARTED: 6-22-98 DATE COMPLETED: 6-22-98 ELEVATION: - DEPTH (feet) SOIL SYMBOLS, AND BLOWS PER SIX INCHES SOIL DESCRIPTION STANDARD PENETRATION TEST SAMPLE NO. SAMPLING INTERVAL N 3-- 4 5 6 7 9-- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 7 _. 14 7 5 7 5 5 4 3 7 8 3 3 4 6 10 15 18 20 10 10 12 10 6 8 10 10 Gray to brown silica SAND with trace fragmented shells with trace roots Gray silica SAND with trace fragmented shells Gray fine silica SAND with trace fragmented shells Boring terminated at 15.0' 1 2 3 4 5 6 7 0.0-2.0 2.0-4.0 4.0-6.0 6.0-8.0 8.0-10.0 10 0-12.0 13.0-15.0 21 10 10 7 33 22 18 N -value CURVE 10 30 50 70 90 / I This information pertains only to this boring and should not oe interpreted as being indicative of the site 20 N.E. 144th Street. • North Miami, FL 33181 05) 944.3401 1 -800.345 -SOIL WiNGERTER LABORATORIES, INC. Page A-4 LEGEND Symbol Description Soil symbols Sand with trace fragmented limestone and organics Sand with trace shell fragments Silty sand with some fragmented limestone with trace organics Sand with some to trace limestone Organics and silty sand Sand with some fragmented limestone and shell fragments Misc. Symbols Water table at boring completion Soil Samplers G Standard penetration test $20 N E 144th Street • North Miami, FL 33181 3051 944-3401 1 800 -345 -SOIL WINGERTER LABORATORIES, INC. Pang. A-5 APPENDIX B TEST BORING LOCATION MAP & SKETCH 1 TEST BORING LOCATION MAP prawcr L. North Miami. Florida 33261-1529 Y t CAPE FLORIDA UGH7HOUSE / Village of Key Biscayne Proposed 18" Diameter HDPE Drainage Pipeline East Enid Drive, Key Biscayne, Florida Order No. M22736.2 Page: B-1 TEST BORING LOCATION SKETCH CRA,) AJ 13 lv.D. A-1 tSSc R2. e%'c ERR DR. C.oncc€1-& a eJ(* "T11% c..‘0-1 e6,5 U - f t GQ)-� n \ . TEST BORING LOCATION PREPARED BY: R.P DATE: 6-29-g8 WINGERTER LABORATORIES INC. Drawcr L. North Miami. Florida 33261- 1529 Village of Key Biscayne Proposed 18" Diameter HDPE Drainage Pipeline East Enid Drive, Key Biscayne, Florida Order No. M22736.2 Page: B-2