Loading...
HomeMy Public PortalAbout1999 Traffic Calming Improvements and SideWallks Project E.tifWilliams, Hatfield E7' Stoner, Inc. Engineers • Planners • Surveyors • Environmental Scientists I Ai= A_ SINCE 1958 4601 Ponce de Leon Boulevard, Suite 220 Coral Gables, Flonda 33146 Telephone (305) 663-5777 Fax (305) 663-5781 vdwwwhs-inc com C. Samuel Kissinger Village Manager Village of Key Biscayne 85 West McIntyre Street Key Biscayne, Florida 33149 Dear Sam: June 3, 1999 Traffic Calming Improvements East Heather and Island Drive Attached are two copies of Contract Documents for the above referenced project. Please do not hesitate to call this office if you have any questions or comments. Very truly yours, Andrew Kacer, P.E. Senior Project Manager AK/j ac cc: Miguel Ocana (Enclosure) CONTRACT DOCUMENTS for TRAFFIC CALMING IMPROVEMENTS and SIDEWALKS PROJECT (WEST HEATHER, ISLAND, EAST HEATHER, AND WEST WOOD) VILLAGE OF KEY BISCAYNE Village Council: Joe I. Rasco, Mayor Gregory C. Han, Vice Mayor Scott Bass, Council Member Martha Fdez-Leon Broucek, Council Member Alan H. Fein, Council Member Mortimer Fried, Council Member Robert Oldakowski, Council Member C. Samuel Kissinger, Village Manager Conchita H. Alvarez, Village Clerk Weiss, Serota, Helfman, Pastoriza & Guedes, P.A., Village Attorney Documents Prepared by: Williams, Hatfield & Stoner, Inc. 4601 Ponce de Leon Boulevard, Suite 220 Coral Gables, Florida 33146 March 1999 Engineer's Project No. 4955.00 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-10 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/119P/030899 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 — DS 101-2 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 — DS -110-2 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-1 Asphaltic Concrete DS -331-1 Section 380 Driveway Restoration DS -380-1 — DS -380-2 Section 390 Brick Pavers DS -390-1 — DS -390-2 Section 425 Inlets, Manholes and Junction Boxes DS -425-1 — DS 425-2 Section 430 Pipe Culverts and Storm Sewers DS -430-1 — DS -430-2 Section 520 Concrete Gutter, Curb Elements and Traffic Separator DS -520-1 — DS 520-2 Section 522 Concrete Sidewalk DS -522-1 Section 575 Sodding DS -575-1 Section 700 Highway Signing DS -700-1 Section 706 Reflective Pavement Markers DS -706-1 Section 711 Thermoplastic Traffic Stripes and Marking DS -711-1 Section 948 Miscellaneous Types of Pipe DS -948-1 TOC.SPC/ 119P/030899 TOC-2 ADVERTISEMENT FOR BIDS Sealed bids for the Village of Key Biscayne Traffic Calming Improvements and Sidewalks Project will be received by the Village Clerk until 3:00 p.m. on March 23, 1999, at the Village Hall located at 85 West McIntyre Street, Village of Key Biscayne, Florida, 33149, at which time the bids will be publicly opened and read. The work consists of the Traffic Calming Improvements and Sidewalk Project as described in the package prepared by Williams, Hatfield & Stoner, Inc. The package will be available at the Village Hall on March 9, 1999. 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 payment, 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 March 12, 1999. 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/030599 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/03/08199 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 faxed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than seven 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/03/08/99 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 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/03/08/99 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-10). 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/03/08/99 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 this Project. 17. Performance and Other Bonds: Article 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and other Bonds. When the Successful Bidder delivers the executed Agreement to Owner it shall be accompanied by the required Bid Security. 18. Signing of Agreement: When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by at least three unsigned counterparts of the Agreement and all other Contract Documents. Within fifteen days thereafter Contractor shall sign and deliver at least three counterparts of the Agreement to Owner with all other Contract Documents attached. Within ten days thereafter Owner will deliver all fully signed counterparts to Contractor. Engineer will identify those portions of the Contract Documents not fully signed by Owner and Contractor and such identification shall be binding on all parties. 19. Trench Safety Act: The purpose and intention of the State of Florida "Trench Safety Act" is to provide for increased worker safety by requiring compliance with sufficient standards ITB.SPC/03/08/99 IB-5 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/03/08/99 IB-6 BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT Date of Issue: Issuing Bank's No: Beneficiary: Applicant: Village of Key Biscayne Amount: 85 West McIntyre Street Key Biscayne, Florida 33149 (in United States Funds) Expiry (Date): Bid/Contract No: We hereby authorize you to draw on (Bank, Issuer Name) at by order of and for (branch address) the account of (contractor, applicant, customer) up to an aggregate amount, in United States Funds, of drafts at sight, accompanied by: available by your A signed statement from the Village of Key Biscayne or the Village of Key Biscayne's authorized representative, that the drawing is due to default in performance of obligations on the part of (contractor, applicant, customer) agreed upon by and between the Village of Key Biscayne and (contractor), applicant, customer) pursuant to the Bid/Contract No. for Traffic Calming Improvements and Sidewalks Project at the Village of Key Biscayne. Drafts must be drawn and negotiated not later than (expiration date). Drafts must bear the clause: "Drawn under Letter of Credit No. of (bank name) dated This letter of Credit sets forth in full terms of our undertaking, and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referred to herein or to which this Letter of Credit is referred or this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument, or agreement. BID-FORM.SPC/119P/030499 We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn under and in compliance with the terms of this letter of credit that such drafts will be duly honored upon presentation to the drawee. The execution of the contract and the submission of the required Performance and Payment Guaranty and Insurance Certificate by the (contractor, applicant, customer) shall be a release of all obligations. This Credit is subject to the "Uniform Customs and Practice for Documentary Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and to the provisions of Florida law. If a conflict between the Uniform Customs and Practice for Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict between the law of another state or country and Florida law should arise, Florida law shall prevail. Authorized Signature BID -FO RM. SPC/ 119 P/03 0499 PROPOSAL FOR THE VILLAGE OF KEY BISCAYNE TRAFFIC CALMING IMPROVEMENTS AND SIDEWALKS PROJECT PRESENTED BY MEF Construction, Inc .(hereinafter called "BIDDER"), organized and existing under the Laws of the State of Florida doing business as Corporation (corporation, Partnership, or Individual as applicable) submitted on this 2 3rd day of March 19 9 9t 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 "Traffic Calming Improvements and Sidewalks Project" 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 March 23, 1999. At 3:00 p.m. the bids will be publicly opened and read aloud. Any 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 and Payment Bond 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. TrafficCalmingproposalspc.doc030899 P-1 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 substantially 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. TrafficCalmingproposalspc.doc030899 P-2 REVISED SCHEDULE OF ITEMS Item No. Description __ Unit Estimated _ Quantity Unit Cost Total Island Drive and East Heather Drive Traffic Calming Improvements 100-1 Allowance Account LS 1 $3,500.00 $3,500.00 101-1 Mobilization (Traffic Calming) LS 1 $1,050.00 $1,050.00 101-2 Indemnification LS 1 $25.00 $25.00 101-3 Performance and Payment Guaranty & Insurance LS 1 $3,010.00 $3,010.00 102-1 Maintenance of Traffic (Traffic Calming) LS 1 $1,575.00 $1,575.00 110-1 Clearing and Grubbing LS 1 $1,400.00 $1,400.00 120-1 Grading (Traffic Calming) LS 1 $1,750.00 $1,750.00 160-4 12" Stabilized Subgrade SY 350 $9.00 $3,150.00 200-1 Limerock Base, Primed (8" Thick) SY 350 $9.00 $3,150.00 210-1 Reworking Limerock Base SY 1285 $4.00 $5,140.00 331-1 Type S-1 Asphaltic Concrete (1-W Thick) SY 670 $6.00 $4,020.00 380-1A Driveway Restoration (Asphalt) (Traffic Calming) SY 260 $16.80 $4,368.00 380-1B Driveway Restoration (Concrete) (Traffic Calming) SY 74 $19.20 $1,420.80 380-1C Driveway Restoration (Specialty) (Traffic Calming) SY 105 $21.60 $2,268.00 390-1 Brick Pavers (Traffic Calming) SY 615 $30.00 $18,450.00 425-1 Inlets EA 1 $1,400.00 $1,400.00 425-2 Manholes EA 1 $2,200.00 $2,200.00 425-4 Adjust Inlets EA 1 $200.00 $200.00 425-5 Adjust Manholes EA 5 $200.00 $1,000.00 425-6 Adjust Valve Boxes, Fire Hydrants, Meter Boxes and Cleanouts EA 3 $200.00 $600.00 425-7 Modify Inlets EA 1 $400.00 $400.00 425-8 Modify Manholes EA 1 $400.00 $400.00 425-9 Convert Inlet to Manhole EA 1 $500.00 $500.00 430-1A Storm Sewer Pipe (15" HDPE) LF 18 $48.00 $864.00 430-1B Storm Sewer Pipe (18" HDPE) LF 20 $52.00 $1,040.00 430-2 Additional Bedding LF 10 $5.00 $50.00 520-1A Type "E" Concrete Curb and Gutter LF 130 $15.00 $1,950.00 520-1B Type "E" Concrete Curb and Gutter (Reinforced) LF 155 $26.00 $4,030.00 REVISED SCHEDULE OF ITEMS Item No. Description Unit Estimated Quantity Unit Cost Total Island Drive and East Heather Drive Traffic Calming Improvements 520-1C Type "E" Concrete Curb and Gutter (Modified) LF 10 $23.00 $230.00 520-1D Type °D" Curb LF 370 $13.00 $4,810.00 520-1E Concrete Band (Roadway) (Colored) LF 465 $14.00 $6,510.00 575-1 Sodding (Traffic Calming) SY 740 $3.00 $2,220.00 700-1 Traffic Signs (Permanent) EA 26 $300.00 $7,800.00 706-1 Reflective Pavement Markers EA 40 $6.00 $240.00 711-1 Thermoplastic Marking SF 100 $4.00 $400.00 948-1A 4" Schedule 40 PVC Pipe LF 80 $6.50 $520.00 Total Base Bid $91,640.80 Mar -12-99 04:36P Williams Hatfield Stoner (305) 663 - 5781 P_05 Note 1: 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 visit is confirmed below. Note 2: The Village of Key Biscayne may decide to do the additional work described under the Alternates if funding is available. The Contractor must bid on these alternatives in the event the Village makes fund available to complete this additional work. Award may be based on the base bid or the base bid plus any combinations of alternates the Village desires to select. The Village reserves the right to award any of the additive alternates or no alternates as it desires. The additive alternates will be performed by the same Contractor as the base bid. 31zzHq CONTRACTOR'S REPRESEI TIVE M tQAAEl. OcANA 4955\bidretoted \bidestimate 1.doc031299 P-6 PROPOSAL QUESTIONNAIRE i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The following shall be completely filled in by each Bidder: The undersigned guarantees the truth and accuracy of all statements and answers herein contained: 1. How many years has your organization been in business as a general contractor? Six (6) Years 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: Harbor Drive Traffic Calming -Change Order No.1-Village of Key Bisc. Sidewalk Construction Phase II-C.0#1,C.0#2 & C.O.#3-Village of Key Biscayne. 3. Were all contracts listed in No. 2 above completed within the time period without extensions? Yes 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. No. P-7 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: No. 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): N/A 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: See Attached-Refefence sheet number AT -1. 8. What is the last project of this nature that you have completed? Harbor Drive Traffic Calming -Change Order No.1-Village of Key Biscayne 9. Have you ever failed to complete work awarded to you? If so, where and why? No. P-8 10. The following are named as three corporations or individuals for which you have performed work and to which you refer. Village of Key Biscayne. City of Coral Gables. City of Miami. 11. Will you sublet any part of this work? I so, give subcontractor's name and which portion of work to be sublet. Concrete Work - Barriero Concrete Corp. 12. What equipment do you own that is available for the work? Bobcat Model 863 Skid -Steer Loader, Hydraulic Braker w/pt mounting Bracket, Ingersol Land Roller, P.B Grader with 10' blade and LEE BOY 500 Paving machine. 13. What equipment will you purchase for the proposed work? None. 14. What equipment will you rent for the proposed work? None. P-9 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): See Attached. (AT -2) 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. MEF Construction, Inc. (Correct Name of Bidder) (a) The business is a Corporation (b) The address of the principal place of business is: 5040 NW 7th Street, Suite 410, Miami, FL 33126 (c) The names of corporate officers, or partners, or individuals doing business under a trade name are as follows: Maria E. Ocana - President Miguel A. Ocana - Vice-president and Secretary Maiup. e. O c-ai.)A )).z2-1 9/ P-10 SURETY PERFORMANCE BOND (REQUIRED BY FLORIDA STATUTES, SECTION 255.05) Bond No. 128000090 By This Bond, We M.E.F. Construction, Inc. , as Principal, whose principal business address is 5040 N.W. 7th Street, Miami, FL 33126 , as Contractor under the Contract dated , 19_, between the Principal and the Village of Key Biscayne for the construction of Traffic Calming Improvements and Sidewalks Project (hereinafter referred to as "Contract"), the terms of which Contract are incorporated by reference in its entirety into this Bond and Amwe s t Surety surance Company , a corporation, whose principal business address is 500 West Cypress Creek- as Surety, are bound to the Village of Key Biscayne (hereinafter referred to as "Village") in the sum of $ 91,640.80 , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. *Road, Suite 240, Ft. Lauderdale, F1 33309 THE CONDITION OF THIS BOND is that if Principal: 1. 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) and related professional engineering expenses 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 to cure latent defects in its work or materials within the time period provided in Section 95.11(3)(c), 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(3)(c), 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 SURETY.2/042999 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 shall 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)(c), Florida Statutes. IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials. CONTRACTOR: MEF CON v UCTION, INC. Name of mpany By Title: -1 rz.Es \DEVI" this 1"4 day of MAT , 19j 3 SURETY: O TE ' D BY DE i T DA G NT AM EST SU TY SURA C _ COMPANY Name By: (� of A • nt's urrent Identification Attorney-i Card as ssu. ' . tate of Florida Insurance Insurance Commissioner Must Be Attached) DAVOR I. MIMICA day of May this 5th OR I. MIMICA ,143 (Power of Attorney must be attached) (Corporate Seal) SURETY.2/042999 SBF-2 SEIT LIN RISK MANAGEMENT & INSURANCE EITLINS s u R E X P A R T N E R RISK MANAGEMENT & INSURANCE BOND NUMBER 128000090 Surety Name & Address: Amwest Surety Insurance Company 500 West Cypress Creek Road, Suite 240 Ft. Lauderdale, Florida 33309 THIS IS THE FRONT PAGE OF THE PERFORMANCE/PAYMENT BOND ISSUED IN COMPLIANCE WITH FLORIDA STATUTE CHAPTER 255.05 CONTRACTOR NAME & ADDRESS: MEF Construction, Inc. 5040 N.W. 7th Street, Suite 410 Miami, Florida 83126 PHONE NO.: (305) 461-0603 OWNER NAME & ADDRESS: Village of Key Biscayne, Florida 85 West McIntyre Street Key Biscayne, Florida PHONE NO.: PROJECT DESCRIPTION: Traffic Calming Improvements and Sidewalk Project. Project No. 4955.00 PROJECT ADDRESS: Various Locations Throughout The Village of Key Biscayne, Florida LEGAL DESCRIPTION OF PROPERTY: THIS IS THE FRONT PAGE OF THE BOND, ALL OTHER PAGES ARE SUBSEQUENT REGARDLESS OF PREPRINTED NUMBERS 2001 N.W. 107th Ave., Suite 200, Miami, FL 33172 305391.0090 • Fax: 305.593.6993 postmaster©seitlin.com MAR -17-1999 WED 01:24 PM FAX HO. P. 02 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: M.E.F. Construction, Inc. That we , as Principal, Amwest Surety Insurance Company , as Surety, are bound to the hereinafter called Village in the amount of $r 91,640.80 hereinafter called Contractor and Village of Key Biscayne, Florida, Dollars (491 , 640.80 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract "Traffic Calming Improvements No.: , awarded the day of , 19_, with Village for & Sidewalks Project" in Williams, Hatfield & Stoner, Inc. accordance with the Contract Documents prepared by which Contract Documents are by reference made a part hereof, and for the purposes of this Bond are hereafter referred to as the. "Contract"; THE CONDITION OF THIS BOND is that if Contractor: 1. Pays Village all tosses, damages, expenses, costs and attorney's fees, including appellate proceedings, that Village sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to alt ciain?pnrt as defined by Section 255.05(1), Florida Statutes, for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or rte-i r-leeu ww ui .eo rn FAX NO, P. 03 supplies for the prosecution of the work, furnish to Contractor a notice that he intends to look to the bond for protection, 2.2 A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the Labor or delivery of the materials or supplies and of the nonpayment 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stand under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Boni must be instituted in accordance with the Notice and time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. the Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the charges does not affect the Surety's obligation under this Bond. Signed and sealed this 5thday of May , 1999 CONTRACTOR: WITNESSES; nv, MEF CONSTRUCTION, iNC. (CORPORATE SEAL) 2 (Name of rporation) B (Signature an itle) MANIA E.OoA0A / +ZEstD1 (Type Name and Title) MR -41-100U Wr.L U1.40 ru 1.M NO. P. 04 IN THE PRESENCE OF: Reg' =1'ed F . ida Agent DAVOR I. MISA 3 SURET ► • NY AMWEST SU•4ET FAN COMPANY By: (Power -d- ttcr to atthedj DAVOR l iMIMICA Attorney -In -Fact Address: 500 West Cypress Cteek Road, #240 Ft.($Lauderdale, Fl 33309 (City/State/Zip Code) Telephone No.: (305) 591-0090 FLORIDA DEPARTMENT OF INSURANCE DAVOR IVAN MIMIGA License Number 5.95520010 IS LICENSE° TO T E FOLLOWMG CV,SS RANCE General Linos (Pr p & Cas) 1 ois licensee must have an active appointment with the insurer or err ployer for ,arich products or services are being marketed See reverse for a< d tional l eq ulrements EFFECTIVE 4-1-91, INSURANCE COMPANIES NO LONGER LICENSE REPRESENTATIVE AGENTS THERE IS NO LICENSE GISTRIBLITEC THAT MAY EEE COPIED INTERESTED PERSONS MAY C4\L L THE DEPARTMENT OF IN.. UPAPCE AT (904) 400-39E33 LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company Expiration Date: 05/04/01 POWER NUMBER 0001004344 Phis document is printed on white paper containing the artificial watermarked logo ( ) of Amwest Surety insurance Company on the front and brown security paper on the back Only unaltered originals of the Limited Power of Attorney ("POA") are valid This POA may not be used in conjunction with any other POA No representations or warranties regarding this POA may be made by any person This POA is govemed by the laws of the State of Nebraska and is only valid until the expiration date Amwest Surety Insurance Company (the "Company") shall not be liable on any limited POA which is fraudulently produced, forged or otherwise distnbuted without the permission of the Company Any party concerned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (813) 2R7-1576 KNOW ALI. BY THESE PRESENT, that Amwest Surety Insurance Company, a Nebraska corporation, does hereby make, constitute and appoint. John Harrold VI. Stephen Jackman Michael Bonet Franklin E. Wheeler Davor I. Mimica Domenica M. Incardona ks Employees of Seitlin & Company Insurance its true and lawful Attorney -in -fact, with limited power and authonty for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto if a seal is required on bonds, undertakings, recognizances, reinsurance agreement for a Miller Act or other performance bond or other written obligations in the nature thereof as follows• Bid Bonds up to $1,000,000.00 Contract, Court & Subdivision Bonds up to $2,500,000.00 License and Permit Bonds up to $1,000,000.00 Miscellaneous Bonds Up To $1,000,000.00 and to bind the company thereby This appointment is made under and by authority of the By -Laws of the Company, which are now in full force and effect 1, the undersigned secretary of Amwest Surety Insurance Company, a Nebraska corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney, and that the relevant pi ovisions of the By -Laws of each company, are now in full force and effect Bond No 1 28000090 Signed & sealed this5th day of May Karen G Cohen, Secretary ***************** RESOLUTIONS OF THE BOARD OF DIRECTORS ********************** ***** This POA is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Amwest Surety insurance Company at a meeting duly held on December 15, 1975 RESOLVED, that the President or any Vice President, in conjunction with the Secretary or any Assistant Secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attorney -in -fact or agent and revoke any POA previously granted to such person RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company (i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistant Secretary, or (u) when signed by the President or any Vice President or Secretary or Assistant Secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent, or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons RESOLVED FURTHER, that the signature of any authonzed officer and the seal of the Company may be affixed by facsimile to any POA or certification thereof authonzing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed 1999 IN WITNESS WHEREOF, Amwest Surety Insurance Company has caused these present to be signed by its proper officers, and its corporate seals to be hereunto affixed this 25th day of September, 1998 g�cav -� John E Savage, Preside .�r Karen G Cohen, Secretary State of California County of Los Angeles On September 25, 1998 before me, Peggy B Lofton Notary Public, personally appeared John E Savage and Karen G Cohen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me all that he/she/they executed the same in his/her/their authonzed capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument WITNESS my Signature d and official seal (Seal) Peggy B Loftois- t L ry Public PE ' Y B. LOFTCN Commlwion #1068068 New Pubic — California _ Los Angeles County l My Comm. Expires Aug 6.1994 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 A IN°R1 CERTIFICATE OF .LIABILrlY INSURANCE DAtE 0MOM) PRoPUCRR CORAL INSURANCE AGENCY 2801 U lrersity wive THE CERTIFICATE 18 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER TM IS CERTIFICATEC DOES NOT AFFORDED THE pD, EXTEND OR ALTER Suite 204 COMPANIES AFFORDING COVERAGE Core) Sprfrtge FL 33065 COMPANY A Pant Gen Ins. Co. IN3t P O ILL E. F. Construelion, Inc. COMPANY 8 5040 N. W. 711 Street Suite 1410 Moral FL 33126 COMPANY C COMPANY 0 COVERAGES TFILV IS )17 CERTIFY THAT THE POUCIES OF INSURANCE LSTED 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 DOCLANETlT WfTH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTco TYPE OF INSURANCE POLICY NWBER POLICY EFFECTIVE POLICY DATE (MMODlYY) POLJCY E Q IRATIQ11 DATE (MMJODAN) L/A1TS A GENERAL LIABILITY CPP 1201704 08/08/98 08/08(99 GENERAL AGGREGATE 3 2,000,000 X COMMERCIAL GENERAL UABLITY PRODUCTS - COMP/OP AGG $ 2,000,000 CLAIMS MADE Li OCCUR PERSONAL & ADV INJURY s 1,000,000 OWNER'S & CONTRACTOR'S PRDT EAON OCCURRENCE 5 1,000,000 _ X CONTRACTUAL L I AB I L I TY FIVE DAMAGE (Any one fire) $ 100, 000 $1,000,000. 11E15 EXP (My ar. Person) $ 5,000 A AUTOMOBILE X LIABILITY ANY AUTO BAC 4816138 08 /08 /98 08/08/99 COMBINED SINGLE LIMIT 5 1,000,000 A ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJI>Frr (Per person) $ 7— X HIRED AUTOS NON -OWNED AUTOS EMILY %%WRY (Per accident) $ PROPERTY DAMAGE $ GARAGE LIAa uTY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER 'THAN AUTO ONLY: ' EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY 99-091 05/28/99 08/08/90 EACH OCCURRENCE $ 3,000,000 UMBRELLA FOAM AGGREGATE - s 3,000,000 OTHER THAN UMBRELLA FORM 3 WORKERS COMPENSATION AND WC TOJ Y LIMITS 0 EH - EMPLOYERS' LJABIUTY 13 EACH ACCIDENT $ THE PROPRIETOR/ PART CUTIVE - [Kt EL DISEASE - POLICY LIMIT $ � OFRCERS ARE: —/ EXCL EL DISEASE - EA EMPLOYEE $ OTHER DESCAIPTION 0r0PERATIONS/LOQt'TIONSNEHICL ADD TIONAL INSURED: VILLAGE OF WILLIAMS, HATFIELD & STONER, INC. S/Si3aIk t'iENS KEY BISCAYNE CERTIFICATE HOLDER VILLAGE OF KEY BISCAYNE - TRAFFIC CALMING IMPROVEMENTS & SIDEWALK PROD. CANCautlON SHOULD ANY OF TM ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WLL ENDEAVOR TO MAIL 90 DAYS WRITTEN NOTICE TO THE CERnRCATE HOLDER NAMED TQ THR LEI T, 41301 PONCE DELEON BLVD. #220 CORAL GABLES FL 98148 BUT f=AILuRE TO MAIL SUCH NOTCE SHAD, IMPOSE NO OBUGATION OR UABSJTY OF ANY KINO UPON THE COMPANY. ITS AGENTS OR REPRESENTATNES. ACOITD 2 (i195) • ACORD. W$W RI2ED REPRFSENTA / 1 EDDIE RIVEIRO • .1985 .,__, !/1 'd 99££'°N 30NV flSNI 1Vd00 WVE9;6 6661 Lnr 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/ 119P/030199 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 Notary Public, State of Florida at Large My Commission Expires: day of , 19 . WOL.SPC/119P/030199 WOL-2 CONTRACT THIS CONTRACT, made and entered into on the •;J day of h , 196, by and between the Village of Key Biscayne, Dade County, Florida, party of the f st part (hereinafter called "Owner"), and M.E.F. Construction, 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: 4955.00 Job Name: Traffic Calming Improvements and Sidewalks Project for the amount reflected by the Revised Proposal, said amount being Ninety One Thousand Six Hundred and Forty Dollars and Eighty Cents ($91,640.80). 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 Revised 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 Revised Schedule of Items 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 expense, 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. Revsd-CONTRACT./043099 Ca 1 5. The "Contract Documents" are hereby defined as the Revised Proposal, the Revised Schedule of 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., the Addenda issued and the Revised Schedule of Items and Scope of Work. 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 Revised 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. Revsd-CONTRACT./043099 r,7 Witnesses: stottzTARy cir Owner's Part (Party of the First Part) Village of Key Biscayne Rival Signature of Owner's Authorize epresentative this \ day of cam 19.161 Contractor's Part (Party of the Second Part) ME.F GeosTRUc'rtoIN) , 14.3c Name of Corporation so'to NUJ 1.4\ sr surTE 4to Mir\ F L 331 Z G Address Signature o ontractor's Authorized Representative KII.R.t A E E cA f3 A Print Name ?NtsIDEN'T Official Title this it` day of MAy , 19 c 9 Revsd-CONTRACTJ042999 C-1 APPLICATION FOR PAYMENT NO. To: (OWNER) Contract For Traffic Calming Improvements and Sidewalks Project OWNER's Contract No. ENGINEER's Project No. 4955 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/030199 APP_1 Village Council 1o,. 1 Rasco, Mayor Gregory C Han, Vice Mayor Scott Bass Martha FdeL-Leon Broucek Alan H Fein Mortimer hied Robert Oldakowski Village Manager C Samuel Kissinger TO: ADDRESS: PROJECT: VILLAGE OF KEY BISCAYNE Office of the Village Manager NOTICE TO PROCEED May 10, 1999 M.E.F. Construction, Inc. (CONTRACTOR) 5040 N.W. 7th Street, Suite 410 Miami, FL 33126 Traffic Calming Improvements and Sidewalks Project You are notified that the Contract Time under the above Contract will commence to run on May 10, 1999. By that date, you are to start performing your obligations under the Contract Documents. By: Copy to ENGINEER (Use Certified Mail, Return Receipt Requested) h .-1 icy I i7 amue ' iss " ger Dalt Village Manar /n 1 nil -s/r erne. General Conditions TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paracpaph Number & Title I. DEFINITIONS 2, Page Number 13 .1 .Addenda 13 Agreement 13 .3 Application for Payment 13 .4 Asbestos 13 .5 Bid 13 .6 Bidding Documents .. . . . . . 13 .7 Bidding Requirements 13 .8 Bonds 13 .9 Change Order 1 s .10 Contract Documents 13 . 1 1 Contract Pnce 13 .12 Contract Times 13 .13 CONTRAL.IOR . . . . 13 .14 defecr;,e l3 15 Drawings 13 16 Effective Date of the Agreement 13 .17 ENGINEER .18 ENGiN::ER's Consultant .19 Field Order .20 General Requirements .21 Hazardous Waste .22 Laws and Regulation,: Laws or Regulatt'ns .23 Liens .24 Milestone 25 Notice ^f Award .26 Notice t.: Proceed .27 OWNER .28 Partial Utilization .29 PCBs .30 Petroleum . . . . .31 Project .32 Radioactive Material .33 Resident Project Representative .34 Samples .35 Shop Drawings .36 Specifications .37 Subcon•ractor .38 Substantial Completion 1 39 Supplementary Conditions .40 Supplier 1.41 Underground Facilities 1.42 Unit Price Work 1.43 work 1.44 1.45 Written Am..ndment Work Change Directive PRELIMINARY MATTERS 2.1 Delivery. of Bands Copies of Documents 2.3 Commencement of Contract Times: Notice to Proceed 2.4 Starting the work 13 13 13 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 15 15 15 Article or Paragraph ?Camber & Title '_.5-2.7 Before Starting Construction: CONTRAL RA's Responsibility to Report: Preiiminary Schedules: Delivery of Certificates of Insurance . . . . 2.8 Preconstruction Conference 2.9 Initially Acceptable Schedules 3 CONTRACT DOCUMENTS INTENT. AMENDING. REUSE . 3 1-3.2 Intent 3.3 Reference to Standards and Specification, of Technical Societies. Reporting and Resole ing Discrepancies .. Intent of Certain Terms or Adjec'ives Amending Contract Documents Supplementing Contract Documents Reuse of Documents . . . . . 34 35 36 3.7 Puce Number 4. AVAILABILITY OF LANDS. SUBSURFACE AND PHYSICAL CONDITIONS. REFERENCE POINTS 4.1 Availabtii'y of Lands . . . . .. .. 4.2 Subsurface and Physical Conditions 4.2.1 Reports and Drawings Limited Reliance b} CONTRACTOR Auth: razed: Techric_1 Data 4.2.3 Notice u. Diffenng Sub•.'•fa.e or Phvs• -al Conditions . 4.2.4 E'NGINEZR's Review 4.2.5 Possible Contract Documents C1iar.�e 4 2.6 Possible Pnce and Times Adjustments 4.3 Physical Conditions -Underground Facilities 4.3.1 Shown or Indicated . . 4 3.2 Not Shown or Indicated 4.4 Reference Points 4 5 Asbestos. PCBs. Petroleum. '-lazardous Waste or Radioactive Material 4.2.2 15 15 16 16 16 16 17 i7 i7 17 17 17 17 17 18 18 18 18 18 19 19 19 5. BONDS AND INSURANCE . . . 20 5.1-5.2 Ferfonrince. Payment and Other Bonds . 20 5.3 Licensed Sureties and Insurers: Certificates of Insurance 20 5 4 CONTRACTOR's Liability Insurance 20 5.5 OWNER's Liability Insurance . 21 5.6 Property Insurance . . . . . . . . . . .. 21 5.7 Boiler and M..chinery or Additi,:inal 15 Property Insurance . . . . 21 15 5.8 Notice of Cancellation Provisions .. 21 15 5.9 CONTRACI"OR s Responsibility for Deductible Amounts . . . . . . . . 15 5.10 Other Special Insurance 15 5 11 Waiver of Rights . Article or Paragraph Page Number & Tile ,Vumber 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 . . . . . . . . . . . . . . . . . . . 2_3 6. CONTRACIUR'S RESPONSIBILITIES . . . . . 6.1-6.2 Supervision and St!penntendence 6.3-6 5 Labor. 1•latenals and Equipment 6 6 Progress Schedule . . . . . . . . 6 7 Substitutes and "Or -Equal" Items: CONTRAL IOR's Expense: Substitute Construction Methods or Procedures, ENCG'NEER's Evaluation . 6 8-6 11 Concerning Subcontractors. Suppliers and Others. Waiveriof Rights 6 12 Patent Fees and Royalties 6.13 Permits h 14 Laws and Regulations 6.15 Taxes 6 16 Use of Premises 6 17 Site Cleanliness 6 18 Safe Structural Loading 6.19 Record Documents . . . . . . . . . . 6.20 Safety and Proti.ctron 6.21 Safety Representative 6.22 Hazard Communication Programs . . . . 6.23 Emergencies 6 24 Shop Drawings and Samples . . . . . .. 6 _5 Submittal Prix edures s CONTRACTOR's Review Prior to Shop Drawing or Sample Submittal 6.26 Shop Drawing R Sample Submittals Review by ENGINEER 6.27 Respons;bility for Variation From Contract Documents 6 2E Related Work Performed Prior to ENGINEER's Review and Approval , of Required Submittals 6.29 Continuing the We k 6 30 CONTR.:CThR's General Warranty and Guarantee . . . . . . 6.31-6.33 Indemnification 6.3= Survival of Obligations 7 OTHER WORK . . . 7 I-1 3 Related Work at Site 7 4 Coordination 8 OWNER'S RESPONSIBILITIES . . . . . . . . . 8 1 Communications to Contractor 8 2 Replacement of ENGINEER 8 3 Furnish Data and Pay Promptly When Due 8 4 Lands and Easements. Reports and Tests 8.. Insurance 23 23 23 23 '_3 ,4 '_5 25 '_5 26 26 26 26 26 26 27 27 27 Article or Paragraph .Number & Title 8 6 Change Orders 8.7 Inspections. Tests and Approvals 8.8 Stop or Suspend Work: Terminate CONTR.AC 1UR's Services .. . 29 8 9 Limitations on OWNER's R. sponsibtlines . . . . . . . . . . . . . . . . 8 10 .Asbestos. PCBs. Petroleum. Hazardous Waste or Radtoactisc Matena' 8 11 Evidence of Financial Arrangements 30 9. ENGINEER'S STATUS DURING CONSTRUCTION .. .. . . . . . . .. . 9 1 OWN ER's Representative 9 2 Visits to Site 9.3 Project Representative . 9 4 Clarifications and Interpretations 9 5 Authorized Vanations m work 9 6 Rejecting Defective Work .. 9.7-9 9 Shop Drao.inzs. Change Orders and Payments 9 10 Determinations for Unit Prices 9.11-9.12 Decisions on Disputes: ENGINEER as Initial Interpreter 9.13 Limitations cn EN INEER's Authority and Re,ponsibilities Page ,Number 29 29 30 30 30 30 30 30 30 30 30 31 31 31 10. CHANGES IN THE WORK . . . . 32 10.1 OWNER Ordered Change 32 10.2 Claim for Adjustment 32 10.3 Work Not Required by Contract. Documents . . . . . . . . . . . 32 10.4 Change Orders 10.5 Notification of Surety . 32 27 1 1 . CHANGE OF CONTRACT PRICE . . . .. 32 11 1-11.3 Contract Pnce: Claim for Adjustment: 27 Value of the Work 3'_ 11.4 Cost of the Work . . . . . . . . . . . . . . . 33 27 11.5 Exclusions to Cost of the Work 3-t 11.6 CONTR., CTOR's Fee 34 11.7 Cost Records . 34 27 11.8 Cash Allowances 35 28 11.9 Unit Pnce Work 35 28 28 28 12. CHANGE OF CONTRACT TIMES 35 12.1 Claim for Adjustment 35 12.2 Time of the Essence 35 12.3 Delays Beyond CONTRAL 1UR's 29 Control 35 29 12.4 Delays Beyond OWNER's and CONTRAC IUR's Control 35 29 29 29 13. TESTS AND INSPECTIONS. CORP.ECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 13.2 29 13.3 29 Nonce of Defects Access to the Work Tests and Inspections: Contractor Cooperation 36 36 36 36 CC -2 Article o- Paragraph Page Number & Title V,,mher 13 4 OWNER's Responsibilities: Independent Testing Laboratory 36 13 s CONTRACTOR's Responsibilities +6 13 - 13.7 CovenngWork Pnor to i;;.�• coon. Testing or Approval .. .. . 36 13 S-13 9 LnLovenng Work at ENGINEER'S Request . . . . . . 36 13 10 OWNER May Stop the Work 36 13 11 Correction or Removal of Defective Work . . . . . . . . . . . . 37 13.12 Correction Penod 13.13 Acceptance of Defective Work 37 13.14 OWNER May Correct Defective Work .. . . . 37 14. PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . 37 14 I Schedule of Values . . . . 37 14 2 Application for Progress Payment 38 14 3 CONTR.ACTOR's µ'arranty of Title .. 38 14 4-14 7 Review of Applications for Progress Payments 38 14 8-14.9 Substantial Completion . . . . . .. 39 14.10 Partial Utilization 39 14.1 1 Final Inspection . . . .. . . . . . . . . 39 article or Paragraph 'Number do Title 14.12 Final Aprlica:ion for Pa% ment 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 Mai Stop Work or Terminate . . . . . .. , 16. DISPUTE RESOLUTION 17 MISCELLANEOUS 1- 1 Giving Notice . .. 17.2 Computation of Times 17 3 Notice of Clain . 1' 4 Cumulative Re-ned,os . 17 5 Professional Fres anu Court Costs Included EXHIBIT GC -A (Optional); Dispute Resolution Agreement (Optional) 16.1-16.6 Arbitration . . 16.7 Mediation . . . . . Pu cue \'timhrr 40 40 40 GC -Ai GC -Al GC -A. 40 40 40 41 41 4' 42 42 4' GC— 3 1) INDEX TO GENERAL CONDITIONS Article or Paragraph `'umber Acceptance of - Bonds and insurance d 'ective Work final payment insurance other Work. h� CONTRACTOR Substitutes a:- 3 "Or -Equal" Items Work by OWNER . . . . . . .. Access to the - Lands. OWNER and CONTRACTOR responsibilities site, related work Work. Acts or Omissions- CONTRALIUR ENGINEER OWNER Addenda-defintttor of (also see definition of Specifications) .. (1.6. 1.10. 6.19) I 1 Additional Property Insurances .. 5.7 Adjustments Contract Price or Contract Times 1.5, 3.5. 4.1.4.3._. 4.5.2_.4 5 3. 9 4. 9.5. 10.2-10.4. 1 1. 12. 14.8. 15.1 6.6 . 5 14 10.4.1. 13.13. 13 15 9 12_. 14 15 . 5 14 . 7.3 , 6.7 1 2.5. 6 30. 6.34 Acts and Omissions- i progress schedule Agreement - definition of 1.' All risk Insuranc^. policy form .. 5.6.2 Allowances. Cash .. 1 1.8 Amending Contract Documents . 3.5 Amencment, Wnuen- in general . . . . 1.10. 1.45, 3.5. 5.10. 5.12. 6.6.2. 6.8.2. 6.19. 10.1. 10.4, 11.2. 12.1. 13.12.2. 14.7.2 Appeal. OWNER or CONTRACTOR intent to 9.10. 9.11, 10.4. 16.2 16.5 Application for Payment - definition of 1.3 ENGINEER's Responsibility 9.9 final payment 9.13.4. 9.13.5, 14 12.14 15 in general 2.8. 2.9. ,.6.4. 9.10. 15.5 progress payment . 14.1. 14.7 review of . . . 14 4-14.7 Arbitration (Optional) 16.1-16.6 Asbestos - claims pursuant thereto 4.5.'_, 4.5.3 CONTRA( IUR authorized to stop Work .. 4.5 '_ definition of 1.4 ..4 1 7.2 13.2_. 13 14. 14 9 6 9.1 9 13.3 6.20. 9.13.3 . 6.'_0. 8.9 OWNER responsibility for 4.5 1, 8.10 possible price 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 oi-defined . . . . . . . . . . . . . . .. 1_5 Before Starting Construction 2.5-2.8 Bid -definition of .. 1.5 (3 I, 1.10, 2.3. 3.3. 4.2.6.4. 6.13. 11.4.3. 1 1.9.1) Bidding Documents -definition of .. Ridding Requirements -definitions of Bonds - acceptance of additional5oiids .. Cost of the Work Article or Paragraph 1.6(682) 1 7(1.1.426,) definition of . . . . delivery of final application for payment . . general 1.10. 5.1-5 3. 5 1' perfnrmancL. Payment and Other Bonds and Insurance -in general Builder's risk "all risk" policy form Cancellation P, -.,visions. Insurance Cash Allowances Certificate of Substantial Completion .. .. . 5 14 105. 11 459 • Ii 5 4 18 ' I t • 14 12.14 14 9 13.10 5 14 7 6 5 1.5 ' 5 56, 5 4 11 . 58, 5 ;,• • I I g 1 38 6}0,3 14 8. 14 IC: Certificates of Inspection . . . . 9 13.4, 13 5. 14 12 Certificates of Insurance . 2.7, 5.3. 5.4 1 1 . 5 4 13. 5 6.5.5 8 5 14.9 134, 14 1'" Change in Contract Pnce- Cash Allowances claim for price adjustment -1I 8 . . . 4.1.4 2.6. 4.5. 5.15.6 8.2. 94,95.9 1 1 . 10.2. 10.5. 11 2. 13.9, 13.13, 13.14, 15 I. 15 3 CONTRAL IOR's fee 11 6 Cost of the Work gene: ai 1 1 4- 11 7 Exclusions to 11 5 Cost Records . 11 7 in general 1 19. 1.44. 9 1 1. 10 4 2, 10 4; 3. 11 Lump Sum Pncrng 13.3121 3 ' Notification of Surety " .. 10.5 Scope of . .. 10.3-i 2 4 Testing and Inspection. Lncovenng the Work . (3.9 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. i 5, 6 8.2. 9.4, 9 5. 9.11, 10.2_. 10.5. 12.1. 12.9. 13 13. 13.14, 14.7. 15.1. 15 5 Contractual time limits . . . 12.2 Delays beyond CONTRA_ RA's control 12.3 Delays beyond OWNER's and CONTRALIUR's con- trol Notification of surety Scope ot change Change Orders - Acceptance of Defecti.e Work 'mending Contract Documents Cash Allowances Change of Contract Pnce . . . . Change of Contract Times .. Changes in the Work CONTRACTOR's fee Cost of the Work 1:.4 10 5 10.3 10.4 13.13 3.5 (1.8 II 12 .. 10 11 6 11 -4-i1 7 GC- 4 Article or Paragraph Number Cost Reccrds 11.7 definition of 1.9 cmctgenc,cs 6.23 ENGINEER'S responsibility 9.8, 10.4, 11.2. 12.1 execution of 10.4 Indemnification 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 8.6, 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 Wort. covered by L 11.3 Changes in the Work 10 Notrfi:arion of surety 10.5 OWNER's and CONTRACTOR s re.poiisibilities 10.4 Right to an adjustment 10.2 Scope of change 10.3-10.4 Claims -- against CONTRACTOR against ENGINEER 6.32 against OWNER 6.32 Change of Contract Price 9.4, 11.2 %Mange 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 CONTRAC.TOR's Fee 11.6 CONT RACTOR's liability 5.4, 6.12. 6.16. 6.31 Cost of the Work 11.4, 11.5 Decisions on Disputes 9.11. 9 12 Dispute Resolution 16.1 Dispute Resolution Agreement 16.1-16.6 ENGINEER as initial interpretor 9.11 Lump Sum Pricing 11.3.2 Notice of 17.3 OWNER's 9.4, 9.5, 9.11. 10.2. 11.2, 11.9, 12.1. 13.9, 13.13, 13.14, 17.3 OWNER's liability 5.5 OWNER may refuse to snake payment 14.7 Professional Fees and Court Costs Included 17.5 request for formal decision on 9.11 Substitute items .. s 6.7.1.2 Time Extension 12.1 9.11 12.1 11.9 3 11.3 Waiver of -on Final Payment 14.14. 14.15 Wou1t Change Directive 10.2 written notice required 9.11. 11.2. 12.1 Clarifications and Interpretations 3.6.3. 9.4. 9.11 Clan Site 6.17 Codes of Technical Society, Organization or 3.3.3 2.3 Time requirements U ru ; Price Work Value of Association Commencement of Contract Times Cornmiunicauoris- 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 pm -construction 2.8 Conflict, Error. Ambiguity. Discrepancy - CONTRACTOR to Retort 2.5. 3.3 2 Construction, before stan,iig by CONTRACTOR . . . . 2.5-2.7 Construction Machinery, Equipment. etc. 6 4 Continuing the Work 6_9. 10.4 Contract Documents - Amending 3.5 Bonds 5.1 6 16 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 Clarifications and Interpretations 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 vanauons 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 2.5. 3.3 Reuse of Supplementing 2.5 3.2. 3.6. 9.4. 9.11 3.7 3.6 Termination of ENGINEER'S Employment 8.22 Unit Price Work 11.9 variations 3.6, 6.23. 6.27 Visits to Site. ENGINEER's 9.2 Contract Pnce- 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 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,.I6. 6.18. 6.21-6.23. 7.2. 13.2 Shop Drawing and Sample Review Pnor to Submittal . 6.25 Stop V. :irk requirements . . . 4.5.' CONTR. CTOR's- Comot nsation . .. 1 1. 1-1 1.2 Continuing Obligation . . . . 14.15 Defective Work 9 6. 13.10-13.14 Duty to correct defective Work 13.1 1 Duty to Report - Changes in the Work caused by Emergency 6 23 Defects in Won. of Others 7.3 Differing conditions 4 2.3 Discrepancy in Documents 2.5. 3.3.2. 6.14.2 Underground Facilities not indicated . . . . . . . . . . . . 4.3.2 Emergencies 6.23 Equipment and Machinery Rental. Cost of the Work 11.4.5.3 R -e -Cost -Plus 11.4.5.6. 1 i .5.1. 11.6 General Warranty and Guarantee 6.30 Hazard Communication Programs 6.22 Indemnification 6.12, 6.16. 6.31-6.33 inspection of the Work 7.3, 13.4. Labor. Materials and Equipment 6.3-6.5 Laws and Regulations. Compliance by 6.14.1 Liability Insurance 5.4 Notice of Intent to Appeal 9.10. 10.4 obligation to perform and complete the Work G.30 Patent Fees and Royalties. paid for by 6.12 Performance and Other Bonds .. 5.1 Permits. obtained and paid for by 6.13 Process Schedule 2.6. 2.8, 2.9, 6.6. 6.29. 10.4. 15_.1 Request for formal decision on disputes 9 11 Responsibilities -- Changes in the -Work 10.1 Concerning Subcontractors. Suppliers and Others 6.8- 6.11 Continuing the Work . 6.29. 10.4 CONTRACTOR's expense 6.7 1 CONTR IUR's General Warranty and Gu'ran- tee 6.30 CONTRA TDR'sreviewpnurtoShopDrawly.;or Sam- pte submittal 6.25 Coordination of Work 6.9 2 Emergencies . . . . 6.23 ENGiNEER's evaluation. Substitutes or "Or -Equal" Items 6.7.3 Art:cle or Paragraph Number . 2.3 . . . 1.12 4rttcle or Purueraph ,dumber Fur Acts and Omissions of Others 6.9 1-6.9 2. 9 13 for dcJuctible amounts. insurance . . . 5.9 general . . .. 6. 7.2. 7 3. 8 9 Hazardous Communication Programs . . . . 6.22 Indemnification . . . . . 6 31-6 33 Labor. Ma.enals and Equipment 6.3-6.5 Laws and Regulations 6 14 Liability Insurance . . . . . .. .. . . . . .. 5 4 Notice of .anation from Contract Documents 6.27 Patent Fees and Royalties .. 6.12 Permits .. 6.13 Progress Schedule .. . .. 6 6 Record Documents 6 19 related Work perforrned pnor to ENGINEER's approval of required submittals . 6.23 safe structural loading . . . .. .. 6.18 Sdfen and Protection . n 20. 7 2. 13 '_ Safety `? epresentatr. a 6 21 Scheduling the Work 6 9 2 Shop Drawings and Samples .. 6 24 Shop Drawings and Samples Review by ENGINEER .. 6 26 Site Cleanliness .. .. 6 17 Submittal Procedures . . . . 6._s Substitute Construction Methods and Procedures 6 7 2 Substitutes and "Or -Equal" Items . 6 7.1 Superintendence 6 2 Supervision .. . . 6 ' Survival of Obligations 6 34 Taxes 6.15 Tests and Inspections . . . . 13 5 To Report Use of Premises . 6 16-6 l> . 6.30._ 4 Review Pnor to Shop Drawing or Sample S..bmittal . 6.25 Right to adjustment for changes in the Work . .. . 10 2 nght to claim . 4. 7.1.9 4. 9.5, 9.1 1. 10.2. 1 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. 13.2 Safety Representative . . . Shop Drawings and Samples Submittals . 6 24-6 23 Special Consultants 1 14 4, Substitute Construction Methods and Procedures k 7 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 '_1 Taxes. Payment by .. . . . . . . . . .. . . . . . . . . . . .. . 6 i5 Use of Premises . . . . . . . . . . . . . . . . . . . . 6.16-6 18 Warranties and guarantees 6.30. 6 5 Warranty of Title 14 3 Written Notice Required- CONTRAL [UR stop Work or terminate 15 5 Reports of Diffenng Subsurface and Physical Condi- tions 4 '-.3 Substantial Completion . . '4 8 CONTR.ACTORS-other 7 Contractual Liability insurance 5 4 10 Contractual rune Limits . 12'2 Coordination S GC- 6 CONTRAC.1UR's responsibility . Copses of Documents .. . . Correction Penod Correction. Removal or Acceptance of Defective Work in general 10.4.1. 13.10-13 14 Acceptance of Defective Work 13. I3 Correction or Removal of Defective Work .. 6.30 13.11 Correction Penod . .. 13.12 OWNER May Correct Defective Work . 13 14 OWNER May Stop Work . 13 10 Cost - of Tests and Inspections 13 4 Records .. . . . .. 11 7 Cost of the Work - Bonds and insurance. additional .. . . . . . .. .. 1 1.4.5.9 Cash Discounts . I 1 4.2 CONTRACTOR s Fee .. 11.6 Employee Expenses . . . . .. 1 1.4.5.1 Exclusions to . . . . . 11 5 General 11 4.1 1.5 Home office and overhead expenses .. 11.5 Los .es and damazes 11.4.5 6 M-.renals 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 1 1.7 Rentals of construction equipment and machinery 11 4 5.3 Royalty payments. permit:, and license fees 11.4.5.5 Site office and 'cmporary facilities 11.4 5.2 Special Consultants. CONTRACTOR's .. .. . . . . . 11.4.4 Supplemental 1 1.4.5 Taxes related to the Work 11 4.5.4 Tests and Inspection 13.4 Trade Discounts 11 4.2 C'tifiues, fuel and sanitary facilities 11 4.5.7 Work after regular hours 1 1.4.1 Covenng Work 13.6-13.7 Cumulative Remedies 17.4-17.5 Cutting. fitting and patching 7' - Data. to be furnished by OWNER 8.3 Day -definition of 17.2.2 Decisions on Disputes 9.11. 9.12 defective -definition of 1.14 defective Work- r. Acceptance of 10.4.1. 13.13 Correction or Removal of 10.4.1. 13.1 1 Correction Penod - 13.12 in general 13. 14.7. 14 11 Observation by ENGINEER - 922 OWNER May Stop Work . . . . 13.10 Prompt Notice of Defects 13.1 Rejecting 9.6 Lin ovenng the Work 13.8 Definitions Delays 4 1. 6.29. 12.3-12.4 Article u- Paragraph Number Delivery of Bonds Delivery of certificates of insurance Article or Paragraph ''umber 6 9 2 Determinations for Unit Pnces . t0 Diffenng Subsurface or 13 12 Physical Conditions Notice of 4 '.3 ENGINEER's Review .. .. . . . . . . . . . . . . . . . . . 4 2.4 Possible Contract Documents Change . . . . . . . . . . . . 4.2.5 Possible Pnce and Times Adju•.tments 4.2.6 Discrepancies -Reporting and Resolving . . . 2.5. 3.3.2. 6.14 Dispute Resulution- Agreement . . . . 16.1-16 6 Arbitration 16.1-16.5 general . .. 16 Mediation . .. 16 6 Dispute Resolution Agreement . . . . . . . . . . . . . . . 16.1-16.6 Disputes. Decisions by ENGINEER . . . . 9 11-9 12 Documents - Curies of . . . 22.22 Record 6.19 Reuse of . 3.7 Drawings -definition of . 1.15 Easements .. 4 1 Effective d ice of Agreernent-definition of 1.16 Emergencies 6.23 ENGIN EER- as initial interpreter on disputes 9711-9.12 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:btlity. limitations on . . . . . . . . . . 9 13 Aut .orized Va-ations in the Work . . 9.5 Change Orders, responsibility for 9. .. 10. 1 1. 12 Clarifications and Interpretations 3.6.3. 9.4 Decisions on Disputes 9.11-9.12 defective Work. nouce of 13.1 Evaluation of Substitute Items . . . 6.7.3 Liability 6.32. 9.12 Notice Wori. is Acceptable 14.13 Obser ations . .. 6.30.2. 9 OWN t:R's Representative 9 1 Paym.nts to the CONTRAC-10R. Responsibility for 9.9. 14 Recommendation of Payment 14.4. 14.13 Responsibilities- Limit:'ions on 9 11-9 13 Review of Reports on Diffenng Subsurface and Physical Conditions 4.2.4 Shor Drawings and Samples. review responsibility 6.'_6 Status During Construction- authoszed variations in the Work Ciariications and Interpretations Decisions on Disputes 9.11-9 12 Determinations on Unit Price 9.10 ENGINEER as Initial Interpreter 9 11-9 12 ENGINEER's Responsibilities 9 1-9 12 , 2.1 2.7 9.5 94 GC-- 7 Article or Puragroph Number Lir .rations on ENGINEER's Authonr, and Responsibilities 9.13 OWNER's Representative 9.1 Project Representative 9.3 Rejecting Defective Wort: 9 6 Shop Drawings. Change Orders and Payments 9.7-9.9 Visits to Site Unit Price Det'rminations .. 9 10 Visits to Site 9.2 Wntten consen, required . . . . 7 ' 9.1 Equipment. Labor. Materials and . . 6.3-6.5 Equipment rental. Cost of the Work 11.4.3.3 Equivalent Materials and Equipment 6.7 Errors or omissions .. 6.33 Evidence of Financial Arrangements .i. . . . 8.11 Explorations of physical conditions 4.2.1 Fee. CONTRAC.-IUR's--Costs-Plus . . . . 11 6 Field Order - definition of 1.19 issued by ENGINEER 3.6.1. 9.5 Final Application for Payment 14.12 Final Inspection 14.11 Final Payment - and Acceptance 14.13-14.14 Prior to, for cash allowances 11.8 General Provisions 17.3-17.4 General Requirements- . defintion of 1.20 principal references to 2.6. 6.4, 6.6-6.7. 6.24 Giving Notice 17.1 Guarantee of Work -by CONTRACTOR 6.30. 14.12 Hazard Communication Programs 6.2'_ Hazardous Waste - definition of 1.21 general 4 5 OWNER's responsibility for 8.10 Indemnificauon 6.12. 6.16. 6.31-6.33 Initially Acceptable Schedules 2.9 Inspection - Certificates of 9.13.4, 13.5. 14.12 Final 14.11 Special. required by ENGINEER 9.6 Tests and Approval - 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 completed operations CONTR.ACTOR's Liability CONTR.ACTOR's objection to coverage 5 14 Contractual Liability 5.4.10 2.7 5.4.13. 5.6.5 S.S. 5.14, 9 13.4. 14.12 5.4.13 54 Article nr Paruo;ruph \lumber deductible amounts. CO'4TRACTOR's responsibility . Final Application fur Payment Licensed Insurers . . . . . . . . Notice requirements. matenal changes .. .. 5 8. 10.50 Option to Replace .. .. 5 14 other ,pecral insurances . . . 5 !0 Oµ ER as fiduciary for insureds 5 I'•5 13 OW',ER', Liability . . . . . . . . . . . 5 5 OWNER's Responsibility . 8.5 Partial Utilization. Property Insurance 5 15 Property 56-5 10 Receipt and Application of insurance Proceeds 556-12-55 13 Special Insurance . 5.10 Waiver of Rights 5 11 Intent of Contract Documents 3.1.3 4 interpretations and Clanfica:rons . .. 3 6.3. 9 4 Invesagati•.ms of physical conditions 4 Labor. Matenals and Equipment b 3-6 5 Lands - and Easements . . . . . . . . . . .. 8 4 Availability of . . 4 1. 8.4 Reports & Tests S.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 1' Cost of the Work. taxes . . . . 1' 4 5.4 definition of 1.'_' general 6.14 Indemnification .. 6.3 I -6.33 insurance .. 5 3 Precedence .. . . . . . . 3 1. 3.3.3 Referen_e to 3.3.1 Safety and Protection 6.'0. 13.2 Subcontractors. Suppliers a: -.d Others . . . . . . . . . . . 6.8-6. 1 1 Tests and Inspections 13.5 Use of Premises 6.16 VisiLi to Site . . . . 9.2 Liability Insurance - CONTRACTOR s 5.4 OWNER's . . 5.5 Licensed Sureties and Insurers . . . . 5.3 Ltens- Application for Progress Payment 14.2 Contractor's Warranty of Title .. 14.3 Final 4pplication for Payment 14.12 definition of 1._3 Waiver of Claims 14 15 Limitations on ENGINEER's authonty and responsibilities 9 13 Limited Reliance by CONTRAL Authonzed 4 2.2 Maintenance and Operating Manuals - Final Application for Payment l4 t'_ Manuals (of others Precedence . . . . . .. . 3.3 3 I . 5.9 14 12 53 GC- 8 Reference to in Contract Documents Materials and equipment - furnished by CONTRACTOR .. not incorporated in Work M,ttenals or equipment --equivalent Mediation tOptional) . . . . . . . . .. tlt._s(ones-definition of Miscellaneuus- Computation of Tim:s 17 Cumulative Remedies . 17 4 Giving Notice .. . . 17 1 Notice of Claim . 17 3 Professional Fees and Court Costs included 17.5 Multt-pnme contracts . . . . . .. . . . 7 Not Shown or Indicatiid 4 3 2 Nonce of - Acceptability of Project . . . 14 13 “ward. definition of . 1.25 Claim . . . 17.3 Defects. . 13 1 Dit-Tenn Suosurface , it Physical Conditions 4 2 3 Giv tng 17 1 Tests and Inspections . . . . . . . . . . . . . . . . . . . .. . 13.3 Vanation. Shop Drawing and Sample . . 6.27 Notice to Proceed- defimnon of . . . .. . . . . . . 1.26 giving of 2.3 Notification to Surety .. 10 5 Observations. by ENGINEER .. 6.30. 9.? Occup incy of the Work 5.15. 6.30.2.4. 14.10 Omissions or acts by CONTRACTOR . . . . . . . . . 6.9. 9 13 "Open pens" policy form. Insurance . . . . . Option to Replace 5 14 "Or Eqi.-1" Items 6.7 Other work 7 - Overtime Work -prohibition of . . . . 6.3 OWNER - Acceptance of defective Work 13 13 appoint an ENGINEER 8.2 a. fiduciary 5.12-5.13 Availability of Lands. responsibility 4.1 definition of 1.27 data. furnish 8.3 May Correct Defective Work 13.14 May refuse to make payment 14.7 Mav Stop the Work . 13.10 may suspend work. terminate 8.8. 13.10. 15.1-15 4 Pas meat. make prompt . . . 8.3. 14 4. 14.13 performance of other Work per -nits and licenses. requirements purchased insurance requirements OWNER's- Acceptance of the Work Change Orders. obligation to execute .. Communications . . . . . . .. Coordination o1 the Work Disputes. reque,t for decision . 7.1 . 6.13 56-5'0 . 6.30.2.5 Artie le ur Pnrnvraph ner 3 1 Inspections. tests and approvals Liability Insurance 6 3 Notice of Defects 14 2 Representative-Dunng Construction, 6 7 ENGiNEER's Status .. . 16.7 Responsibilities - 1 '4 .ksbestos. PCB's. Petroleum. Hazardous Waste on Radioactive Matenal Change Orders Changes in the Work communications CONTRACTOR's responsibilities evidence of financial arrangements inspections. tests and approvals .. insurance lands and easements Article or Para f;ruph ,'umher 8 7 134 55 13.1 91 8.10 8.6 10 1 81 89 8 1 t X, t{ 8.4 prompt payment by . 8 3 replacement of ENGINEER 8 reports and tests 8 4 stop or suspend Work .. . 8.8. 13 10. 15 I terminate CONTRAC IOR's servi.:es 8 8. 15 separate representativr at site 9 3 independent testing .. 13 4 use or occupancy of the Work 5 15: 14.10 wntten consent or approval required 9 I. 6.3. 1 1 4 written notice required . 7.1. 9.4. 9.11. 1 1 2. 11 9. 14 7. 15 4 PCBs - definition of . . . . . . . . . . . . . . . . . . . 1 29 general . : 5 OWNER's responsibility for 8 10 Partial Uulization- definition of' . . . 1 28 general 6.30.2.4. 14 10 Property Insurance 5 15 Patent Fees and Royalties 6 12 Payment Bonds . . . 5 1-5 2 Payments. Recommendation of 14.4-14.7, 14 13 Payments to CONTRACTOR and Completion - Application for Progress Payments CONTRACTOR's Warranty of Title Final Application for Payment Final inspection Final Payment and Acceptance general Partial Utilization Retainage Rev sew of Applications for Progress Payments - . 144-14 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 when payments due .. 11 4. 14.13 8.1 withholding payment . . . . . . . . . . . . .. 14 7 7 4 Performance Bonds .. .. .. . . . .. . 5 ;-5 '_ 9 11 Permits b 13 142 14.3 . . . . 14 1_ 14.1 1 ': 13-14 14 8.3. 14 . . . . 14 10 .. 14.2 Article or Paragraph \lumber Petroleum - definition of . . . . . . . . . . .. 1 30 :eneral . . 4.5 OWN ER's responsibility for . 8.10 Physical Conditions - Drawings of. in or relating to 4.1.1.1 ENGINEER', review .. .. . . . . . . 4.2.4 existing structures . . 4.2.2 eeneral 4.'.1.' Subsurface Jid. 4.2 Underground Facilities . .. . . . . . . . . . 4.3 Possible Contract Documents Change 4.'_.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.'_.1.I Tec`nical Data. Limit.d Reliance by CONTRACTOR Authonzed Lnderground Facilities - general .. . . . .. . . . . . . . . . . . . 4.3 Not Shown or Indicated 4.3.2 Protection of 4.3. 6.2_0 Shown or Indicated . 4.3.1 Technical Data 4.'.2 Preconstruction Conference 42, 2.8 Preliminary Matters Preiim►nar, Schedules 2.6 Premises. Use of 6.16-6.18 Pnce. Change of Contract 11 Price, Co^tract- lefinition of . . . . 1 . 1 1 progress Payment. Applications for .. 14.2 Progress payment-retainage 14.2 Progress schedule. CONTRACTOR's . . . . 2.6. 2.8. 2.9. 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 appiication proceeds 5.12-5.13 Protection. Safety and 6.20-6.21. 13.2 Punch list . . . . . .. 14.11 Radioactive Matertal- definition . . . .. 1.32 general 4.5 OWNER's responsibility for . 8.10 Recommendation of PaymL.nt 14 4. 14.5. 14.13 Record Documents . 6.19. 14.12 Records. procedures for maintaining . '_.8 Reference Points . . . . . . . . . .. . . . . . . . . . . . . . 4 4 Reference to St::ndards and Specifications of Technical Societies .. . . . . . .. 3.3 Article or Paragraph Number Regulations. Laws and tor) Rejecting Defective Work . Related Wort, - at Sue Performed prior to Shop Drawings and Samples submittals review Remedies. cumulative . . . . . . . . .. .. 17 4 17 5 Removal or Correction of Defective Work . 13 1 1 rental agreements. OWNER approval required • • • 11 4 5.3 replacement of ENGINEER. by OWNER . . . , , . . . 8 2 Reporting and Resol-ing Discrepancies ' 5. 3 3.2. 6 14 2 Report., - and Drawings and Tests. OWNER'S responsibility Resident Project Representative - definition of provision for . . . . . . Resident Superintendent. CONTRACTOR's Respcnsibiiities- CONTRAC- IUR's-in general ENGINEER's-tn general 6 14 96 7 1-7 3 4 '_.1 84 1 33 . 93 6: 9 Limitations on 9 13 OWNER's-in general Retainage . 14 Reuse of Documents .. 3 7 Re'.iew by CONTRAL IOR: Shop Drawings and Samples Prior to Submittal . 6 25 Review of Applications for Prowess Payments 14 4-14 7 Right to an adjustm:nt 10 2 Rights of Way 4.1 Royalties. Patent Fees and . . .. .. . .. . .. 6.1' Safe Structural Loading . . - 6 18 Safety - and Protection 4 3.2_. 6.16. 6.18. 6.'_0-6.21.7.2. 13.2 general 6.20.6.2_3 Representative. CONTRAC IUR's 6.21 Samples -- definition of . . . . 1.34 general . . . 6.24-6 2Z Review by CONTRACTOR . . . 6.25 Review by ENGINEER 6 26. 6 =7 related Work 6 23 submittal of 6 _'4.2 submittal procedures 6 25 Schedule of progress . . . . 2.6. 2.8-2.9. 6.6. 6.29. 10.4. 15.2.1 Schedule of Shop Drawing and Sample Submi,tals '_.6. 2.8-2.9. 6.24-6.2.8 Schedule of Values . . .. . . ' 6. 2.5-'-.9. 14 1 Schedules - Adherence to Adjusting Change of Contract Times Initially Acceptable Preliminary . . . . . . . Scope of Changes .. Subsurface Conditions 8 15.2.! 66 . . . . 10.4 2.3-:.9 . . . . . . . . 10.3-10 4 4'.! 1 Article or Paragraph Number Shop Drawings - and Samples. general . .. • . . . . . . . Change Orders & Applications for Payments. and definition of Arta le fir Purr; L'-uph tiumber Substitute Items t, 7 1.2 . 6.24-6 28 Subsurface and Physical Conditions - Drawings of. in or relating to 4 1.1 9 7-9.9 ENG[NEER's Review 4 2 4 1.35 general .. 4 '- ENGINEER'S approval of 3 6.2 ENGINF.ER's responsibility for resiew ., 9 7 6.24-6.28 related Work .. . . .. .. 6.28 review procedures '.8. 6.24-6.28 submittal required . . . . . . . . . . . 6.24.1 Submittal Procedures 6.25 use to approve substitutions Shown or Indicatcd Site Access . . . . Site Cleanliness Site. \',sits to - by ENGINEER . . . . . . . . . . . . . . . . . . . . . ..6.73 4 3.1 7.2. 13.'_ 6.17 by others .. .. . . . . . . . . . . . . . . . . . . . . "Special causes of loss" policy form. insurance Specifications- definiuon of . . . . . . of Technical Societies. reference to precedence Standards and Specifications cf Technical Societies 3.3 Starting Construction. Before Starting the Work 2_.4 Stop or Suspend Work -- by CONTRACTOR 15.5 by OWNER 8.8. 13.10. 15 1 Storage of matenals and equipment 4.1. 7.2 Structural Loading. Safety 6.18 Subcontractor - Concerning. . . . . 6.8-6.11 definition of 1.37 delays 12.3 waiver of rights 6.11 Su5contractors-in general 6.8-6.11 Subcontracts -required provisions 5.11. 6.11. 11.4.3 Submirtais- Applications for Payment 14.2 Maintenance and Operation Manuals 14.12 Procedures 6.25 Progress Schedules 2.6._.9 Samples 6.24-6.28 Sched. le of Values 2.6. 14.1 Schec,,le of Shop Drawings and Samp[es Submissions 2.6. 2.8-2.9 Shop Drawings 6.24-6.28 Subsri.nttal Completion - certification of . . . . . . . 6.30 .1 3. 14 8-14.9 definition of 1.38 Substitute Construction Methods or Proceduies .. 6.7.2 Subsutu:rs and "Or Equal" Items 6.7 CONTRACTOR'S Expense 6.7.1.3 ENGINEER's Evaluation . 6 7.3 "Or -Equal" 6 7 1 Substitute Construction Methods of Procedures 6.7.2 Limited Reliance by CONTRACTOR Authonzed Notice of Difi'enng Subsurface or Physical Conditions 4 ' 3 Physical Conditions 42.1 2 Possible Contract Documents Change 4.'.5 Possible Pnce and Times Adjustments . . . . 4 2.6 Reports and Drawings . . . . . 4 1 Subsurface and 4.' Subsurface Conditions at the Site .. . . . 4' 1 1 Technical Data 4 4 22 Supervision - 9 2. 13.2_ CONTRACTOR's responsibility . . . . . . . . . 6 1 13.2 OWNER shall not supervise . . . . ;t 9 5.6.2 ENGINEER shall not supervise . . . . . . .. 9 2. 9 13 2- Supenntendence 6 2 1 36 Superintendent. CONTR \CTOR's resident 6 2 3.3.1 Supplemental costs 11 4 5 3.3.3 Supplementary Conditions - definition of - 1 39 principal reference to . . . . 1.10. 1.18. 22.22. 2_.7. 4.2_.4 3. 5 1. 5.3. 5.4. 5.6-5.9. 5.11.6.8.6 13.7 4. ti 1 1. 9 3. 9 10 Supplementing Contract Documents . . . .. . . . . . 3 6 Supplier - definition of .. .. 1 40 principal references to 3 7. 6 5. 6 6-6.11. 6.20. 6.24.9 13. 14 12 Waiver of Rights . . . . . . . . . . . . . . . . . . . . . . . 6 11 Surety - consent to final payment . . . . . . . . . . .. J4.12. 14 14 ENGINEER has no duty_ to .. ... 9.13 Notification of . 10.1. 10.5. 15 2 - qualification of 5 1-5 3 Survival of Obligations 6 34 Suspend Work. OWNER May Suspension of Work and Termination - CONTRACTOR May Stop York or Terminate 13 10. 15 1 .. 15 15 ; OWNER May Suspend Work 15 1 OWNER May Terminate . . . . . . . . . . . . . .. . . . . 15 2_-15 4 Taxes -Payment by CONTRACTOR . . . . . . 6.15 Technical Data - Limited Reliance by CONTRACTOR . . . . . . . 4 2.2 Possible Pnce and Times Adjustments . 4'.6 Reports of Differing Subsurface and Physical Conditions . . . . 4' 3 Temporary construction facilities 4 1 Termination - by CONTRAL 1UR 15 by OVv' ,'Eit .. .. 8.8. 15 1-15 4 of ENGI'.EER's employment .. it Suspension of Work-in general . . 15 Terms and Adjectives . . . 3 4 Tests and lnspections- GC- 11 Article ur Parugruch Number Acci s to the Work. by others 13 ' CONTRACTOR'~ responsibilities .. 13.5 cost of . . . . . . . . . . . .. . 13 4 ccwenng work pnor to 13 6-13 7 Laws and Regulations tor) . 13 5 Notice of C.fects .. . 13.1 OWNER Ma. Stop Work 13 10 OWNER'. independent testing . . . . . . . . . . 13 4 special. required by ENGINEER . . . . . . . . . . . . 9 6 timely notice required 13 4 Uncuvennt the Work. at ENGINEER's request . . . . . 13 8-13 9 Times — Adjusting .. 6.6 Change of Contract . . . .. .. . . . . . . . 12 Autusting 0.6 C,,mputauon of 17 2 Contact Times —definition of . 1.12_ day .17 72 Milestones .. , , . 12 Requirements — appeals . . .. . . . . . . . . . . .. . . . . . . . . . . . . 16 clanfications, Llatms and deputes 9.11. 11.2_, 12 commencement of contract times . . . . .. . . . . . ..3 precunstruction conference _.8 schedules 2.6. '_.9, 6.6 starting the Work .. 2.4 Title. Warranty of 14 Uncovennz Work 13 S-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 1 1.9, 14 1, 14.5 Unit Prices — general .. .. .. .. 1 1.3. 1 Determination for 9.10 Use of Premises 6.16. 6.18. 6.30.2.4 Utility owners .. .. . . . . . . . . . . . 6.13.6'0. 7.1-7 3. 13.2 . 1. 4r1rc le ,r Purucruph .Vicmner Utilization. Parial I._8 5 15 6 30. 2.4. 14 10 \'clue of the Work II Values. Schedule of .. 2.6. 2_.8-2_.9. 14 1 Vanations in Work —Minor Authonzed Visits of Site —by ENGINEER Waiver of Claims -on Final Payment . . . . . . .. . Waiver of Rights by insured parties Warranty and Guarantee. General —by CONTRAC tOR Warrant', of Title. CON FRACTOR's Work — Access to by others. . Changes in the Continuing the. CONTRAS ►UR May Stop Work or Terminate . 15 Coordination of . - 4 Cost of the . . . . . .. 11 4-11 definition of . . . _ 1 4,, neglected by CONTRACTOR .. . 13 14 other Work OWN'..R May Stop Work . . . 13 10 OWNER May Suspend Work 13 10. 15 I Related. Work at Site . . . . 7 ,-7 3 Starting the . . . . . . . 2 Stopping by CONTRAL IT)R . 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 4' principal references to .. . 3.5 3. 10.1-10 2 Wntten Amendment — definition of . . . . . .. .. .. 1 45 principal references to .. 1.10. 3.5. 5.10. 5.12. 6 6.2_. 6 3 2. 6.19 10.1. 10.4. 11.2. 12.1. 13.12.2_, 14 72 Wntten Clanficaticns and Interpretations .. . 3 6.3. 9 4. 9 11 Wntten Notice Requr -d— by CONTRACTOR . . . 7 1. 9 10-9.11. 10.4. 11 _2. 12.1 by OWNER. . 9 10-9 1 1 . 10.4. 11 2_. 13 14 .6'_5.6_'7 95 . 14 15 5 1 1 6 11 6 30 143 13 10 . 6'9 GC— 12 GENERAL CONDITIONS ARTICLE I —DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms hale the meanings indicated which are applicable to both the sing:ilar and plural thereof: 1.1. Addenda -Written or graphic instruments issued pour to the opening of Bids which clarify. correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement -The wntten contract between OWNER and CONTRACTOR covenng the Work to be performed: other Contract Documents are attached to the Agreement ana made a ;cart thereof as pro, ided 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• bli,hed by the United States Occupational Safety and Health Administration. I.S. Bid —The offer or proposal of the bidder suomtttcd tin the prescribed form 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 Corm. and the proposed Contract Documents ttncluding all Addenda issued tenor 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 security. 1.9. Change Order -A document recommended by ENGI- NEER. which is signed by CONTRACTOR and OWNER and authonzes an addition. deletion or revision in the Work. or an adjustment in the Contract Price dr the Cuntract Times. issued Jn or after the Effective Date of the Agreement. 1.10. Contract Documents -The Agreement. Addenda iwhich penarn to the Contract Documents). CONTRAL 10R's Bbd (including documentation accompanying the Bid and any Post Bid documentation subri ted poor to the Noti,:e of -1ward) when attached as an exhibit to the Agreement. the Notice to Proceed. the Bonds. these General Conditions. the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specifically identified in the Agree- ment. together with all Written Amendments. Change Orders. Work Change Directives. Field Orders and ENGINEER'S wntten interpretations and clanfications issued pursuant to paragraphs 3 5. 3.6.1. and 3.6.3 on or after the Efecti'. e 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 '_.1. ! and 4.2.2.2 are not Contract Documents. 1 . 1 1. Contract Price --The moneys payable by OWNER to CONTRACTOR tor completion of the Work in accordance with the Contract Documents as stated in the Agreement tsubject 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: ti! to achieve Substantial Completion. and !ii) to complete the Work so that it is ready for final payment as evidenced b•, ENGINEER'S wntten recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR —The person. firm or corporation with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient, in that it does not conform to the Contract Docu- ment, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents. or has been damaged prior to ENGi- NEER's 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 pt:pared 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 deiivered by the. last of the two parties t. sign and deliver. 1.17. ENGINEER -Tire person. firm or corporation named as such in the Agreement. 1 18. ENGINEER'S Consultant- k person. firm or corpo- ration having a contract with ENGINEER to furnish sersices as ENGINEER'S independent professional associate or con- sultant with respect to the Project and who s identified as such in the Supplementary Conditions. 1.19. Field Order-i wntten order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not invoke a change in the Contract Price or the Contract Times. C- 13 1.2_0. General Requirements —Sections of Division 1 of the Specifications 1.21. Hazardous Waste —The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 1.'_2_. Laws and Re:itlations: Laws or Regulations —Any and all applicable laws. rules. regu:.itions. ordinances. codes and orders of any and all governmental bodies. agencies authonzes and courts having junsdiction. 1.23. bens —Liens. charges. secunty interests or encum- brances upon real property or personal property. 1 24 .l,lestone—A pnncipal event specified in the Con- tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. .Notice of Award —The wntten notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified. OWNER will sign and deliver the Agreement. 1.26. Notice to Proceed —A wntten nouce-given by OWNER to CONTRACTOR (with a copy to ENGINEER) tirirg the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR's obltcatior.s undo- the Contract Documents. I.'_7. OWNER —The public body or autho-sty, corpora- tion. assn -iauon. firm or person with whom CONTRACTOR has entereo into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for whict, it is intended (or a related purpose) pnor 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 pounds per square inch absolute). such as oil. petroleum. fuel oil. oil sludge, oil refuse. gasoline. kerosene. and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Wort to be provided unc.er the Contract Documents may be the whole. or a pan as indicated elsewhere in the Contract Documents. 1.32. Radioactive Materza/—Source. special nuclear. or byproduct matenal as defined by the ',comic Ene-gy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to 1.33. Resident Project Representative— The authonzed representative of ENGINEER who may be assigned to the sue or any part thereof. 1.34. .)ampies—Physical examples of materials, equipment, or workmanship that arc representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Drawings —All drawings. diagrams. illustra- tions. schedules and o:her data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR DR to illu-trate some portion of the Work. 1.36. Specifications —Those portions of the Contract Doc- uments consisting of wntten ttchn;cal de;cnpticns of maten- als. equipment. construction systems, stand.rds and workman- ship as applied to the Work and certr:n administrative details applicable thereto. 1.37. Subcontractor —An individual. firm or corporation having a direct contract witn CONTRACTOR or with any other Subcontractor for the pertormance of a par. 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 S:.'»stanual Completion, it is sufficiently com- plete. in accord._o: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 evidenced by ENGINEER's wntten recommendation of final payment in accordance with paragraph 14.13. The terms "suliStantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A manufacturer, fabncator, supplier, dis- tnbutor, 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. Underr•mund Facilities —All pipelines. condi tits. ducts. cables. wires. manholes. vaults. tanks. tunnels or other such facilities or attachments. and any encasements cortaining such facilities which have beer installed underground to furnish any of the following services or materials: 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 pnces. time. GC- 14 1.43. Wori—The entire completed construction or the vat - bous separately identihable parts thereof required to be fur- nished under the Contract Documents. \kork includes and is the result of p rfurmtr.z or furntshin: labor and furnishing and incorporating matenals and equipment into the construction. and ptrfo^mir.¢ or furnishing services and furnishing docu- ments all as required by the Contract Documents. 1 44 Work Change Direcm e —A wnt:en directive to CON- TR.AC.1Ui:., issued on o; after the Effective Date of the Agreement and signed by O\ ER and re ommended by ENGINEER, urde•: ig an addition. deletion or revision in the µurx. or responding to Jiff —..ring or unforeseen physical condi- tions under which the Wort. is to be performed as pros .Jed in p.. ag aph 4.2 or 4.3 or to emergencies under paragraph t,.23. A \or 1, Change Direct!, e • •got change the Contract Pnce or the Contract Times. h:. . ,dence that the parties expect that the ch. ttge directed of documented h, a Woi k Change Direc- usc uiu be incorporated in a subsequently issued Change Order following negotiations by the parties ar to its effect. if any. on tn: C,.,:tract Price or Contract Times as provided in paragraph 10.2. 1.45 irritten Amenument -A w-itten amendment of t••c Contr..:: Documents, signed 5, OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with ti.: nonengine^nng c nontechni.:a1 rather than stnctly construction -related aspects of the , .ntract Docu- ments. ,.RT1CLE 2 —PRELIMINARY MATTERS De::very- of Bonds: 2_. i Vr hen CONTRACTOR delivers the executed Agree- ments to G' •' ER. CONTRACTOR shall also deliver to OWNER such Bona_ as CONTRACTOR may be -equired to furr. .n in accordance with paragraph 5.1. Copt. of Documents: =.2. OWNEi. shall furnish to CONTRACTOR up to ten conies (unless o netwtse SS -reified in the Supplementary Con- ditions) of the . ontract Documents . are reasonably neces- sary for the • . cution of the Work. A.. 1:tional copies will be furr.:shed, upur request. at the cost of reproduction. Commencement of Co.strrrt Times; Noace rn Proceed =.3. The Contract Times will commence to run on the thirti- eth day a_f,er the Effective Date of the .Agreement. or. if a Notice to 1 rtx.--o a given. on the day indi:at�. in tie Nonce to Proceed. A Notice t•i Proceed may be given at a:.y uric within thins days after the Effective Date of tn: Agreement. In no event s.ilI the Contract Times commence to run later than the si tieth day after the d ty of Bid opening or the thirtieth day after the Effect is e Date of the Agreement. whichever date is earlier Starting the Work: 2.4. CONTRACT iR shall start to pertt•rm the Work on the date when the Contrac. Times commence to nth. Out no Work shall be done at the site pnor to the date on which the Contract Times commence to run. Before Starting Conar cr on: 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefully study and compare the C,•ni act Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in w•nting to E'N'GINEER anv conflict. error. ambiguity or discrepancy which C )iNTR.AC- T0r_ may discover :and shall obtain a wr t n :-,crpretation or ci..nficauon from ENGINEER before proceeding with any Work affected thereby. however. CONTRACTOR shall not t e Iiabtc to OWNER or ENGINEER for fa -Lire to report any con; ,..t. error. ambiguity or discrepancy in the Contract Doc- uments. unt. as CONTRAC. IUR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the Gene:ai Requ.rements). CONTRACTOR shall submit to ENGINEER for resiew 2.6.1. a preliminary progress s hedule indicating the times tnurr bers of days or dates! for starting and cnrnn'etinc the various stages of the Work. including ary ,tiles[ones specified in the Contract Documents: 2.6.2. a prehminary schedule of Shop Draw itig and Sam- ple suomittals wl.ich wi;l list ,:acn required submittal .End the times for submitting. reviewing and processing such submit- tal: 2.6.3. a preliminary schedule of salves for all of the Work which will include quantities and prices of items aggregating the Contract Pnce and will sebdi ile he Worl into component parts in sufficient detail to serve as the basis for progress payments dunnc cu:tstruction.. Such pnces w.11 include an appropnate amou•a of overnead and profit appi.- cable to each item o: Work. : 7. Before any Work at the site is started. CONTR.AL 1UR and OWNER shat: each deliver to the other. .ith copies to each additional insured identified in the Supplementary Condi- tions. certific::es w insurance land other evidence of insurance which either or then- nr am additional insured may reasonably request) which CO' 'RACTOR and OWNER respectively arc required to purchas- and maintair in accordance with para- graphs 5.4. 5.6 and 5.7. Preconaruction Conference: 2.8. Within twr^ty days after the Contract Times star. to run, but before any Work at the site is started. a conference GC -15 attenc_d `iy CONTRAC:IUR. ENGINEER and others as ap- propnate will be held to estanlish 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. !nlaally 4cceptable Schedules: '_.9. Unless otherwise provided in the Contract Docu- ments..:: feast ten aay' ore submiss on of the first Applica- tion Mr t yment a co 'erence attended by CONTRACTOR. ENGINEL(: and ethers as a:wropnate will be held to review tor ac: ptabili.y tt, ENGINELr2 as provided below the sched- ule, abmittec accordance paragraph 2.6. CONTRAC- T,?,,. shalt have an additional ten days to make corrections and adjustments and to complete and resubmit the sche::.ifes. No progress payment shall he made to CONTR.ACTOR until the schedu;:s are submitted to and acceptable to ENGINEER as provta_c neiow The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Fork to compieuon within any specified Milestones and the Contract Times. bt.. uch acct. -Lance will neither impose on ENGi- N F ER respo-s•btlity fo• the sequencing. scheduling or progress of the H vi nx interfcrr with or relieve CONTRACfOF. from C UNT;..ACTUR's full ponsibility therefor. CONTRACTOR's schedule of Shop, Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing an processing the rtyuired submittals. CONTRAACTOR s schec'uie of values will be acceptable to F.NG(NEER as to form and substance. ARTICL 3—CO" TRACT DOCU!'‘ENT S: INTENT. AMENDING. REUSE l ruena: 3.1 The Contract Documents comprise the enure agree- ment between OWNEP and CONTRAC IUR concerning the Work. The Contract Documents are compi, mer•:arry : what is called for by one is as binding as if calleL - by all The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents w describe a functional'v :c'-iplete Project (or part thereof) to be :on- struc:ed in a: -t• ' ante with the Contract Document.. Any Work, matena:s 0 • equipment that may reasonably be inferred from the Con:-a:t Documents or t-om prevailing custom or trade usage a, bens required to product- the intended result will be furl- ..ect and performed whether or not spi•cifically ;ailed f " V nen words or phrases which have a well- known technic: or construction incastry or trade meanint are used to oescnbe Work. matenais or equipment. such words or phrases shall be. interpreted in accordance with that me'ining. Clanti- c. non, and interTretat:ons of the Contract Documents shall. oe 1s, fed by ENGINEER as provided in paragraph 9 4 J. Reference to Standards and Specifications of Technical Socteae ; Reporting and Resolving Discrepancies: 3 3 I Reference to standards. specifications. manuals or codes of anv technical society. organization ur association. or to the Laws ur Regulations of any governmental authority, whether such reference be specific or by 'moll...anon. shat: mean the latest standard. specification. manual. code or Laws or Regulations tai effect at the time of opening of Rid, or. un the Effective Date of the Agreement if there we, a no Eidst. except as m.:y be otherwise specifically stated in the Contract Documents. 3.3.2. It. during the perfornann.e of the W, rk. CON- TRACTOR discover., any corrlict. error. amble•. 'y or dis- .repa..c% within the Contract Documents or ber.veen the Contract Dxum-nu and any provision of anv such Law or Reculat..'n applicable :o the p .7or mange of the work or of any such standard. specification. manual or code or of any instruction of any Supplier reF-rred to in paragraph 6.5. CONTRACTOR shall report it ti. ENGINEER in venting at once. and. CO'ITRAC IUR shall not p-occcc' with the -Work affected thereby (except in ar emerger.c...s authorized by patag•-opti 6.23) unit: an amenuinent o, s :nptement to the Contract Documents has been issued t^'. one of the me:host+ indicated in p '-agraph 3.5 ur 3.6: pre ided. howeve- Fiat CONTRACTC" shall not be liable tr rWNER or EN, : NEEP, for fai.: i• to report any such conflict. error. ar ibte,- y or ,:•• .:e�ar,: y unless CONTRA_. IUR knew or reason- ably cn'.uld have k^own t' ereof. 3.3 3. Except as ot'.,erwise specifically stated in the Contact Documents or as may be provided by anicniment or supplement thereto i•.sued by one of the methods indi- cated ir. paragraph 3.5 or 3.6. the provisions of the Cont-urt Documents shall take precedence in resolving any .:ont',ict. error. ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such ,:andard. speci- fication. manual. code or instruction whether or not specifically incorporated by reference in the Contract Documents). or 3.3.3.1 the provisions of any such Laws or Regu- lations applicable to the performance of the work (unless such an interpretation of the provisions of tic Contract Documents would result it tolation of sit. h Law or Regulation). No pro. ision o' ,iny such standard. specification.. manual. case or instruction. - al; be effective to change the duties and responsibilities ofOWN ER. CONTRA= or ENGINEER. or any of their sut,,o^tractors. consultants. agents. or ern - plovers trom those s •. torth in the Contract Documents. nor ,hail n be effective to assign to OWNER ENGINEER or ary of ENGINEER's Consultants. agents or employees any duty or authonty to supervise or drrec• the fur-i•shiig it performance of the Work or any duty or authonty to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms 'as ordered." "as dir:cted." "as required." "as allowed." "as approved" or terms of like effect or import are used. or the adjectives "reasonaf •;e." "suitable." "acceptable." "proper" ur "satisfactory" ur adjectives of like effect or import are used to describe a requirement. direction. review or judg- ment of ENGINEER as to the Work. it is intended that such requirement. direction. review or judgment will be solely to evaluate. in general. the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authoruy to supervise ur du ect the furni hing or performance of the Work r any duty or authority to undertake responsibility contrary to the provi- sions of paragraph 9.13 or any other provision of the Contract Documents. -intending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions. deletions and revisions in the Work or to modify the terms and conditions thereof in one or 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 pvagraph 10.1). 3.6. In addition. the requirements of the Contract Docu- ments may be supplemented. and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.6.1 a Field Order (pursuant to paragraph 9 5), 3.6.2. ENGINEERTaporoval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27). or 3.6.3. ENGiNEER's wntten interpretation or clanfica- tion (pursuant to paragraph 9 4). Reuse of Documents: 3.7. CONTRACTOR. and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) ,hall not have or acquire any tide to or ownership rights in any of the Drawings. Specifications or other documents or copies of any thereof) prepared by or beanng the seal of ENGINEER or ENGiNEER's Consultant. and iii) shall not reuse any tit such Drawings. Specifications. usher documents or curies on extensions of the Project or any other project w ithoui wntten consent of OWNER and ENGINFER and specific wntten verification or adoption by ENGINEER. ARTICLE 4 —AVAILABILITY OF LANDS. SUBSURFACE AND PHYSICAL CONDITIONS. REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish. as indicated in the Gm:ract Documents, the lands upon which the Work is to be perturmed. nchts-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 descnption 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 land; in accordance with applicable Laws and Regulations. OWNER shall identify any encumrrances or restnctions nor of general application but specifically related to use of lands so furnished with which CONTRAC i )R 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 OW NER. unless otherwise provided in the Contract Docu- ments. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or exter' of any adjustments in the Contract Pnce or the Contract Tines as a result of any delay in OWNER's furnishing these lands. nghts-of=wav or easements. CON RAC lOR may make a claim therefor as provided in Articles 11 and 12. CONTRAC 1UR shall provide for all additional lands and access thereoo that may be required for temporary construction facilities or storage of matenais and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and 1' awings: Reference is made to the SuppL•mentary Conditions for identification of: 4 2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents: and 4 2.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized oy ENGINEER in prepar- ing the Contract Documents. GC —17 4.2.2. 1 im•red Reliance hs CONTRACTOR Authon:ed. Technical Doti:. CONTRACTOR may rely upon the general accuracv of the "technical data" contained in su.:h re;.jrts and drawings. but such report and drawings are not Contact Document,. 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 cl.um against r)W'NER. ENGINEER ur any of ENGINEER'S Consultants with respect to• 422. 1 the c ompleteness of such reports and drawings for CONTRACTOR. • purposes. including. but not limited to. any aspects of tce 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._._. other data. interpretations. opinions and infor- m.inon containeu in such reports ur st•.own or indicated in suc.i drawir.:s. or 4.2._.3 any CONTRACTOR interpretativn of-ur con,lu- sion drawn from any "technical data or ,any such data. interpretations. opinions or information. 4 2.3. Notice of Differing Sul,surface or Physical Condi- tions: If CONTRAL IUP. believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to re,y as provided ir, para;rapt•s 4.2.1 and 4.2.2 is matenally ina.curate. or 4 2.3.2. is of such a natu. e as to require a change in the Contract Documents. or .1 2.3 3 differs matenally from that shown or indicated in the Con ,ct Documents. or 4.2.3 4. is of an unusual nature. and differs matenally from conditions ordinarily encountered and generally recog- nized as inherent in work of th• :haracter provided for in the Contract Documents: then CONTR AL IUR shall. promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergen.s as permitted by paragraph 6.23), notify Ow NER and ENGINEER in writing about such condition. CONTF.AC- TOR shall not furher disturb such conditions or perform, anv work ir..:onnection therewith (except as aforesaid) until re- ceipt w ntten order to do so. 4...4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions. determine the necessity of OWN ER's obtaining additional exploration or tests with re- spect thereto and adsise OWNER in writing (with a copy to CONTRAL IUR) ot ENGINEER's findings and conclusions. 4 2.5 Possible Contract Documents Change. If ENGI- NEER �uncludes that a change in the Contract Documents is required as a result of a .undttw- that meets one or more of trig categones rn paragraph 4 2.3.. i Work Change Directive or a Change Order will be issued as provide`. in Articie 1(i :u reflect and document the consequences ot such change. 4 2.6. Poi idle Pr: and o ones Adjustments: An equi:able adjustment in the Con., ict Pnce or in the Contrast Times. or both. will be .,1:awed to the extent that t ,e existence 01 such uncovered or -.veiled cr,' !nun causes an increase or de- crease in CONTRACTT'i, s cost of. or time required for performance 01. the ''. i. subject. however. Iv the following: 2.6.1. such condition m•rst meet anv one or more of the categones descnbed in paragraphs 4.2.3 1 through 4.2.3 4 inclusive. ' 2-.6 a change in the Contract Documents pursuant to paragraph 4.2 5 will not be an automatic author, . ,iron of nor a condition precedent to entitlement to any sue • dustmen: 4 2.6.3. with respect to Work that is paid 'r• on a Lnit Pnce Basis. any adjustment in Contract Pn.e will he suoject to the provision of paragraphs 9 10 an.. :1.9: and 4 2_.6.4. CONTRAC OR shall not be entitled to ar, , adjustment in the Contract Prce or Tines if: 4.2.6.4 1 CONTRAL IUR knew of the existence of such conditions at the time CONTRACTOR made a soil con:rnitmer• to OWNER in respect of Contra_r ?nce and Contract Tir..n by the submission of a bid u• becumine bound under a nemotiaied .ontract: or 4.2.6.4 2. the existence of such condition coul, rea- sonably have been discovered or revealed as a :suit of any examination. investigation. exploration. test or study of the site and contiguous areas reauired by the Bidding Requirements or Contract Document: to be conducted ov or for CO?s TRACTOR pnor to CON TRACTOR'S making such :=nal cox,. mtment: or 4.2 6.4 3. CON-, RACTOR failed to gist the wntter, nonce within the time and required by paragraph 4 2.3 If OWNER and CONTRACT '.R arc unable to acre` tin entitlement to or as to the a. . unt or Iengtr. of zr such equitable adjustment in the Con:-ict Price or Contrast 1 imcs. a claim may be mace thereto- as provided in Articles 11 and 12. However. nWNER. ENGINEER and ENGINEER's Consult- ants shall not be liable to CONTRACTOR for any claims. ..osts. losses or damages sustained by CONTRA(- IUR on or in connection with .any other project or anucipateJ r roject. 4.3. Physical Conditions-41ndergruurd Facilities: 4 3.1. Shown or Indicated. The infJrmauon .in 1 c shown or indicated in the Contract Documents with rear --t to exuc"a Underground Facilities at or contiguous t., the site is based on GC- 18 information and data furnished to OWNER ur ENGINEER by the owner_ of such Underground Facilities or by oth_ rs Unless it :s otherwise expressly provided in the Sup^lemernary Conditions 4.3.1.1 OWNER and ENGINEER snot' not be respon- sible for the accuracy or completeness of any su:h informa- tion or data: and 4 3. I._ The cost of all of the following will be included in the Contract Pnce and CONTR AC IDR shall have full re purt- ibility for (i) rear. wing and checking all such information and data. (111 heating al' 'Jnderzround Facilities 'nown ur indicated in the Contract Doc.uments. (till courdmation of the Wort, with the owners of such t ndergrt and Facilities dunng construction. and (iv) the safer .i. :1 prat., non of all such Underground Facilities as provided in paragraph 6.20 and repairing any carnage thereto resulting fro the Work. 4 3.2. Vim :howl or Indicated: If an Underground Fac:«ty is uncovered or revealed at or contiguous to the site which v.as not snows; oi indicated in the Contract Documents, CON - TRACIUR. .i' . promptly after becoming aware thereof and Before furthc; :'stu-bing conditions affected thereby or per- forming any Work in comecdan therewith (except in an emergency as r_qu . by paragraph 6.23) identify the owner of such Undergreond Facility and give written nonce to that owner and to C`. •DER and ENGINEER. ENGINEER will prompe' review :tie Underground Fe. Clay and determine the extent t, any. to which a change is required in the Contract Documo : to reflect and document the consequences of the existen.--• of ':)e Underground Facility. It ENGINEER con- cludes that a -- anp_ in the Contract Documents is required, a work Chang .'irective or a ....Mange Order will be issued as provided in t uncle 10 to reflect .end document such cons,-- quencd•s Di ng such a:ae. CONTRAC IUR shall be respon- sible ,r the st:'e'y and pr •rection of such Underground Facility as r: -,ded ,n pararrap.• n.20 CONTRACTOR shall be al - :t an tncreasc 'n the Contract Pnce or an extension of the Times. Jr both. to the extent that they ar-- attributable to existence of any Underground Facility that was not shoo. -r indicated in the Contract Documents and that CON- TR A —,1)F. did not know of and could no: reasonabl• have been expe_ted to be aware of or to li .•e anuctpated. if OWNER and CONTRAC IUR are unable :,, agree on entitle merit to or the amr-un: or length of any suet. adjustment in Contact Pnce or Contract Times. CONTRACTOR may make . claim therefor as provided in articles 11 and 12. However. tr'wNER. ENGINEER and 1'"NGINEER's Consultants shall rr r. liable to CONTRACTOR for any claims. costs. losses or dam:_ges incurred or sustained by- CONTRACTOR on or in connection with any other project or antici;ated prxect. Ref .rrnee Pouur: OWNER shall provide eninnecnng surveys to estab- yr .ierence points for construction wht=h in ENGINEER'S ludic -')ens are necessary to enable CONTr'.ACTOR to proceed wut•t the work C J' 4TRACTOR shall t responsible ri • laying vt the work. snail protect and orese-ve the est_ollshed reference points ano shall make r,.) chances or relocations without the prior written approval 'WNER. CONTR TOR shall report to ENGINEER wrenever any referc..ce point is lost or destroyed or requires relocatio: hecause of necessary changes in grades or locations. and - h. , 'e re. pun- sthle for the secure rcp.aceme.o or relrcatton of such reter- r.:ce points by protessionatis qualified personnel 4.5. Asbestos. PCBs. Petroleum. Hazardous Taste or Radio- active MatervaJ: 4 5.1. OWNER shall tom.' responsible for any Asiyrstus. PCBs. Petroleum. Hazardous Waste of R �,.;iye �t.urriai uncovered or resealed at the site which ...is r, •t shown or Indicated in (3ro..ings or Specifications or ,0ennhed in the Contract Documents to be within the scope ot :he work .ind r _n may present a substarual danger to oe sons or propene exposed thereto in connection with the Work at the sirs OWNER shall not be responsible - any such matenais brough to the -,rte by CONTRACTOK.oubcontractor. S ppli- ers or anyone else for whom CONTRAC JUR is responsible 4 5 2. CONTRA:. IUR shall immediately oi step all Work ,r. onneeuun won suer: haz.udons cuny't , • ind in an ar,.. affected thereby texce in an emerecn.. .is re- quired by paragraph 6.23). and no nuuty Uµ• N ER and ENGINEER (and thereafter c. nnitn such notice in wr.:t ig:. OWNER shall promptly consu't with ENGINEER concern- ing the necessit•, for OWNER to retain a qualified expert to evaluate such h... a dous condition or take core•..tive action. if any. CONTR. .C'TOR shall nor be required .o resume work in connection 'sith such hazaroeos condition or u, Joy such affected .a.rta until after OWNER has obtained any -.4utreu perms related thereto and delivered to CONTRACTOR speci.l wr.:'en notice: (i) specifying that such condt::or..ind any affected area is or nas been rendered s tfe tor 'he resumptior of Work. or nil specifying any special gorse:;ons under which such Work may be resumed S.:fel," if OWNER and CONTRA(. lUis cannot agree as to entitlement to or the amount or exec it of as adjustment. if any. in Contract Pnce or Contract Times a: a result of such Work stoppage or such special conditions i nder whrcn work is agreed by CON- TRAC_ IUR to be r-sumed. either party m :y make a claim therefor as pros ides. in .A odes 11 an 1 12 a.5.3. If atter receipt of such sp••. a) written notice CONTRACTOR does not agree to resume such Work based on a reasonabie belief it is unsafe. or does not a rn•e to resume such Work under such special condition• • then OWNER may urcer such portion of the Work th;_ is in connection with suor. hazardous condition or in such af- fect_d area to be : -feted from the Work. If OWNER ,a1,1 CONTRACTOR .t:nnot agree as to enutter—ent tc• or the amount or extent of an adjustment. if ar.v. ,n ',:nntr.,_t Pr•..c or Contract Times as a result of deleting such poo of ;he Work. then either parry may make a .!aim t• -_tor .ts provio,:d in Articles ' and 12. OWNER may nay.- .cb deleted portion o( tt . %%fork performed by OWNER' •son forces or others in accor-iance .with Article 7 4 5 4. To the fullest extent permitted by Laws and Rex ilanom. OWNER shall inderr.nify and hold r.armless - TR.ALFUR. Subcontractors. E1rG1NEER. ENGINEER'S GC— i4 Consultants and the officers. directors. employees. agents. other consultants and subcontractors of each and any of them from and against all claims. cults. losses and damages ansing out of or resulting from such hazardous condition. p,ovtded that: lit any such claim. cost. loss or damage is attnbutabie to bodily injury. sickness. disease ur death. or to injury to or destruction of tangible property (other than the Work itself). including the loss of use resulting therefrom. and tut nothing in this subparagraph 4 5 4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos. PCBs. Petroleum. Hazardous Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5 —BONDS AND INSURANCE. Pe forrnarsce, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Pay- ment 13onds. each in an amount at least equal to the Contract f'nce as secunty for the faithful performance and payment of all CONTRAC"I'OR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due. except as provided otherwise by Laws or Regulations or by the Con -act Documents. CONTRACTOR shall also furnish such ogler Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescnbyd by the Contract Docu- ments except as provided otherwise by Laws or Regulations. and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Aut`tonty as Acceptable Suretie on Federal Bonds and as Acc: otabie Reinsunng Companies" as published in Circular 570 (ar^ 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 authonty to act. 5.2. If the surety-Qaany Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its tight 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. CONTRA(. IOR shall within ten days thereafter substitute anothe: Bond and surety, loth of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and tnsurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRAL i'OR shall be obtained from surety o- insurance companies that are duly licensed ur authonzed in the juns- diction in which the Project is located to issue Bonds ur insurance polices for the limns and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be pro- vided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER. with copies to each additional insured identified in the Supple- mentary Conditions. certih, ices 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 land uthei evidence ot insurance requested by CONTRACTOR or anv other addi- tional insured) which OWNER is required to purchase and maintain in accordance .itch paragraphs 5 h and 5 7 hereof CONTRACTOR'S Liability Insurance: 5 4. CONTRA.. IUR 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 arise out of or result from CONTRACTOR's performance and furnishing of the Work and CONTRACTOR's other obligations under the Con- tract Documents. v. hether it is to be performed or furnished h!. CONTRACTOR. any Subcontractor or Supplier. or by anyone directly or indirectly employed by any of them to perform ur furnish any of the Work. or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation. disability benefits and other similar c mpioyee benefit acts: 5.4.2. claims for damages because of bodily injure, oc- cupational sickness or diseese. 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- TRA..IUR's employees: 5.4.4. claims for da; .ages insured by customary personal injury liability coverage which are sustained: li) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. orbit by any other person for any other reason: 5 +.5. claims for damages. other than to 'he Work itseif. because of injury to or destruction ot tangible property wherever located. including loss of use resulting therefrom. and 5 4 6. claims for damages because of oodily injury or death of any person or property damage arising out of the ownership. 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 entities identified in the Supplementary Conditions. all of whom shall be listed as additional insureds. and inck Je coverage for the respective officers and employees of all such 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 lr,brlit • insurance covenng CONTRACTTJR's indr minty oblications under paragraphs 6.12 6.16 and 6.31 tt;wugh 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- tan Conditions to whom a certificate of insurance has been issuca' (and the certificates of insurance furnished by the CONTRAL IUR pursuant to paragraph 5.3.2 will so pro- vide); 5.4 11 remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing. removing o- replacing defecttt e Work in accordance with paragraph 13.1:: 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 cenvicate of insurance has been issued evidence sausfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter) OWNER'S Liability Insurance: — Property Insurance: 5.6. Unless of . • . id p ementary Con - and m 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 • rred by Laws and Regulations). This insurance shall: 6.1. include the interests of OWNER. CON r AC - TO . Subcontractors. ENGINEER. ENGINEER' Con- sulta is and any other persons or entities identifi in the Suppl • entary Conditions. each of whom is deem to have an ins • ble interest and shall be listed as an sured or addition insured: 5.6.2. peal or spe include insu temporary bu insure against extended cove earthquake. colla by enforcement and such other pe Supplementary Con wntte-, on a Builder's Risk "all - !al ca. -s of loss policy form th. nce physical loss or dam tags. talsework and Work t least the following pe c. theft. vandalism and se. debns removal. d Laws and Regula• as may be spec dons: sk" or open . shall at least c to the Work. transit and shall s fire. lightning. alicious mischief. olition occasioned ns. water damage. cally required by the 5.6.3. Include expe ses incurr-• in the repast or replace- ment of any insured p petty (i luding but not limited- to fees and charges of env rs . • architects): 5.6.4. cover materials a .1 quipment stored at the site or at another location that was eed to in wnung by OWNER prior to being incorporated the Work. prodded that such materials and equipment h e . eo included in an Applica- tion for Payment recom tide yy ENGINEER: and 5.6.5. be maintain • n effect • til final payment is made unless otherwise agre • to in wn 'ng by OWNER. CON- TRACTOR and ENG EER with t ity days written notice to each other addi •nal insured to hom a certificate of insurance has been ssucd. 5.7. OWNER s all purchase and main ='n such boiler and machinery insu • e or additional propen nsurance as may be required by t e Supplementary Conditi• s or Laws and Regulations wht.... will include the interes • of OWNER. CONTRACTO . Subcontractors. ENGINEER NGINEER's Consultants a any other persons or entities i• nufied in the Supplemen Conditions, each of whom is de- ed to have an insurabio interest and shalt be listed as an insured or additional sured. 5.8. :1 the policies of insurance (and the certi ates or other c rdence thereof) required to be purchased an main- tained •y OWNER in accordance with paragraphs 5.6 . d 5.7 will ••ntain a provision or endorsement that the co rage afro • ed will not be cancelled or materially changed or ren wal ref ed until at least thirty days' pnor wntten notice has • n 1p r. to OWNER and CONTRACTOR and to each of r a ditional insured to whom a certificate of insurance has be sued and will contain waiver provisions in accordance wit ar-agraph 5.11. GC —'_1 .9. OWNER shall not be responsible for purchasing mai . ning any property insurance to protect the inter - s of CO - TOR, 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 prop rty insurance policies provided under p. .....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 4 er or not such other insurance has been procure • by NER. 5.11. Waiver of Rights: 5.11.1. OWNER and CONTRAt.1OR 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 nghts 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 alt 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 asYrustee or otherwise payable under any policy so issued. 5.11.2. In addition. OWNER waives all rights against CONTRACTOR. Subcontractors. ENGINEER. ENGI- NEER's Consultants and the officers, directors. employees and agents of any of them. for. 5.1 1.2.1. loss due to business interruption. Toss 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 perii, whether or not insured by OWNER: and 5.1 1.2.2. loss or damage to the completed Project or part thereof caused by. arising out of or resulting from fire or other insured penl covered by any property insurance maintained on the completed Project or part thereof by OWNER dunng 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. ENGINEER's Con- sultants and the officers. directors. employees and agents of any of them. Receipt and Application of Insurance Proceeds 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds. as their interests may appear. subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate acuuunt 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 on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any lo.)s with the insurers unless ore 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. If 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 pnor to any change in the required coverage. Without prejudice to any other nght 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. CONTRAC IUR 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 CONTRACT IUR. Labor, Materials and Equipment: 6.3. CONTRAC IUR 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 umes 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 pnor written notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials. equipment. labor. transportation. con- struction equipment and machinery. tools. appliances. fuel, power. Tight. 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 adjut- 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" hems: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier. the specification or description is intended to establish the type, function and quality required. Unless the specification or descnpuon contains or is followed by words reading that no like. equivalent or "or -equal" item or no substitution is permitted. other items of matenai or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: GC -23 6.7.1.1. "Or-Et/ttal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRA(. IUR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required. it may be considered by ENGINEER as an "or -equal" item. in which case review and approval of the proposed item may. in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Substitute Items: If in ENGINEER's sole discretion an item of matenal or equipment proposed by CONTRAC IUR does not qualify as an "or -equal" item under subparagraph 6.7.1.1. it will be considered a pro- posed substitute item. CONTRACIOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent fo that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof. certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design. be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent. if any. to which the evaluation and acceptance of the proposed substitute will prejudice CON- TRACTOR's achievement of Substantial Completion on time. whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance. repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute. including costs of redesign and claims of other contractors affected by the resulting change. all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CONTRACTOR's Expense: All data to be provided by CONTRAC. IUR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means. method. technique. sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR may furnish or utilize a substitute means. method. technique. sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGI- NEER. in ENGINEER's sole discretion. to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.?. ENGINEER will be the sole judge of acceptability. No "or - equal" or substitute will be ordered. installed or utilized without ENGINEER'S pnor written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRAC IUR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7. I .? and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER'S Consultants for evaluating each such proposed substitute item. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ anv 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 wntten 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 Pnce will be adjusted by the difference in the cost occasioned by such GC— 24 substitution and an appropriate Change Order will be issued or Wntten Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or org:►nizauon `hall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. 6.9 I. 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 paymient of any moneys due any such Subcontractor. Supplier or other person or organi- zation except as may otherwise be required by Laws and Regulations. 6.9.2. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require all Sub- contractors. Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7. the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supplier waives all nghts against OWNER. CONTRACTOR. ENGINEER. E N G I N EER'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 .in'. Subcontractor or Supplier. CONTRACTOR will obtain the Wme. Patent Fees and Royalties: h 12 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 nghts 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. CONTRA(- IUR shall indemnify and hold harm- less OWNER. ENGINEER. ENGINEER'S Consultants and the officers. directors. employees. agents and other consultants of each and any of them from and against all claims. costs. losses and damages ansing out of or resulting from any infnngement of patent nghts 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. CONTRAL IUR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR. when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. which are applicable at the time of opening of Bids. or. if there are no Bids. on the Effecuve 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 CONTRACTOR in accordance with the Laws and Regulations of the place of GC— 25 the Project which arc applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shalt confine construcuon equip- ment. the storage of matenals 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. CONTRALIUR 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 matenals. rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools. appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the sue 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. CONTRAL IOR 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 Documenus: 6.19. CONTRAC-TIUR 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 matenals 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. CONTRAC:IUR 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 shalt notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them. and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage. injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part. by CONTRACTOR. any Subcontractor, Supplier or any -other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGiNEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable. and not attributable, directly or indi- rectly, in whole or in part. to the fault or negligence of CONTRACTOR or any Subcontractor. Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACIOR'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 Represeutatzve: 6.21. CONTRAC. IOR shall designate a qualified and expe- nenced safety representative at the site whose duties and GC - 2_6 responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Hazard Communtcatwn Programs: 6.22. CONTRACTOR ,hall 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. Emergences: 6.23, In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR. without special instruction or au- thorization from OWNER or ENGINEER. is obligated to act to prevent threatened damage. injury or loss. CON- TRACTOR shall give ENGINEER prompt wntten notice if CONTRAL IUR 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 be issued to document the consequences of such action. 6.24. Shop Drawings and Samples: 6.24 1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2_.91. Alt submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- ties, dimensions. specified performance and design cnteria. materials and similar data to show ENGINEER the maten- als and equipment CONTRACTOR proposes to provide and to enahle 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 enahle ENGINEER to review the submittal for (he limned purposes required by paragraph -6.26. The num- bers of each Sample to be submitted will be as specified in the Specifications. 6.2.5. Submittal Procedures: 6.25.! 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 cnteria. installation require- ments. materials. catalog numbers and similar information with respect thereto. 6.2_5.1._2. all materials with respect to intended use. fabncaion. 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 Drawing, and Samples and with the requirements of the Work and the Contract Documents. 6.25 2. Each submittal will hear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR'S obligations under the Contact Document, h respect to CONTRACTOR'S review and approsal of that submittal. 6.25.3. At the time of each submission. CONTRACTOR shall give ENGINEER specific wntten notice of such van - awns. if any. that the Shop Drawinc ur Sample submitted may have from the requirements of the Contract Document, 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 Sample submitted to ENGINEER for review and approval of each such variation 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 Project a, 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 ea- pressty called for by the Contract Documents) or to safer precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.2_7. ENGINEER'S review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract GC— 27 Documents or,,es, CONTRACTOR has "n wnttng called EN- GINEcp. • 1t.enu yn to edge such vanauc•n at the time .'f submiso ,n r. out-ed by paragraph 6 25 3 and ENGINE - has vise:, ..rot:. ••rosai ot each sue:. vanatton by spe.,n, ntten nitaUon ; ..eof in.otpt•ra:et in or accompanying the Shop D7. .A me or •ample approval. nor will any appro..,' by E I-i R reli.o,e CONTRACTOR I,c•m respur• kiluy for �nr 'sty inl w '1,e requirements of paragraph 6.'_f.l N V here a Shop Drawing or Sample is required by the �onr.act Documents or the schedule of 7nop Drawings and Sempl_ submt• scans accepted by r\GIN c ER a: required by pangoaoh 3 ; any related Work performed pnor to ti+, res ley. ,ind approsai of the per lent stir ' ":al -ill be at the sole expense and iesponsih'tit' of CONTh:,: ruR. Corr✓.1rnq the .•ork: 6 'y CONTR.,C, [i)R shall carry on the Wort. and adhere to r+ . ,,motees• schedui_ aunng ii: disputes or disag-ecments with (, ' \ER ,nail he d_lsyed or postponed pend- ing r; •. Jutsn any u rotes or d,sagreer.ients, except as rerrn _J by paragraph 3 or as 0‘k NER and L:)NTRAC- TOR may otherwise dose. in wnting. 6.30. CONTRACTOR': General Warranty and Guarantee: F 30.1. CONTRACTOR warrants and guarantees to OWNER. ENC,I\EERand ENGiNEER's 'onsultant, tnat Work will he in accordance v'tr, ;: Cootsact _utnents z'id volt net Ke defect:ve C''\ R TOR's warranty :•td gu..rantee hereunder exclude- defects or damage cause: ny' 6 3 i I souse. modification or ,-;-roper mainte lance orop<:-au„•i by persons other than L0'sTRAC lUn. Sub- . cootr1_tars or Supplier .. or 6 30.1 _. nor•-tal we,. and tear :rider normal usage. 6.30.2. CON T r. AC i OF.'s oo'-cat.un to perform and corn- plcte the Work in accordance with the Contract Documents shalt r.c abso'ute None of the folio,' ing will constit_le an acct; ;..ice o. `•`Jrk tl:at •s not in accorda•icc ca it,. the Con:-.:_: fs •-u,ncnts u: , release of COIF i..sCTOR's obli- gation to pc -norm the Work m ccordance war th Contract Documents: 6 U 2 1 observations by ENGINEER. r ,i 2.3 reznmmendatron ot any progress or final pay„ie: y ENGINEER. N Tel 2.3. the i suance of a certificate of Substar'ial Cu••;pietion or any payment by (WNER to CONTRAC- T(' under tr. Contract Documents. • ;0 2 •t use or occuoan.y of the Work or any part th .of by OWNER: 6 ..,() '.5 Jo so. ans acceptance by t ,W NER or any t.ulure to 6 3n 2.6 any 'ey - and .wproval of a Shop Drawing ur Sisr Oe suhmttt., ,. 'he no.aucr o1 a nowt ot accept ability by ENGI\LER pursuant to paragripl I4 1 3. 6 •) 2.7 any inspection. test or aprroval by others, or 6 30.2_.8 any Lurre_Uon of(efec tit e \ t.' k by 0\A \ ER 1 ridernraii: arson: 6.31 To me fullest extent permitted hs Laws and F _gula- tions. CONTRAL1UR shall indemnify ,.nd roid r,_ mless • iWNER. ENGINEER, ENGINEER'S Consultants and the ot ters. directors. employees. agents ano other consulter., u' ea.i. and any of :hem from anu a..,inst all claims .urea. to -.es and daredues lincludtnc 5ut not limited to ..i tees and charges u` engines o architects. attorneys and i,mer , rt.t:•ss,onals and • court of arbitration or ocher dispute itsoluti. :ustsr caused u:ising out of or re -suiting intm the 'ere. -mance ot the • -�. arovided that any such clai,r. lo' • r damage: ill is attn^•it_hle to t-odily injury. s•ckneas. dtse:,se .i• death. or to injury to or destruction of tangible properoe +u .er than the Work its.:(f). ir.c•!odtng ,oss of use resulting therefrom. and int is caused it who,c c- in part 3y ans negligent act or oniisauir. of CONTTt.ACT 1 ./R. any Subcon' _.tor any Supplier. any person or organ .'attut, directl•, or tnd,rectis employed by any of them to pert -oral or f., ni,h any of the 'Mork or anyone for v.:• are acts any of them may be liable. regardless ot hether • not :aused in part oy any .1egi.g: ace or omo.s,oi, of ri or emits indemnified hereunder or v. het'.t-r itaatlir' is imposed upon such indemnified part. ov Las.. and Rerulat.ons regard- less or the negligence of ar. such person or entity. a.32. 1n any end all c:_.n:,. against Ct'•'NER u r ` ii.- NEER or any' of their -espective cons,.ita. agents. t2t''.r directors or c-1ployees by any emp'oyee . the survt.or or persoral repre.cntattve of such employee' o any . ,.'icontractor. any Supplier. any pers..1 or organizat, m directly or t,ldirectly employed by any of tr_rn to perform, or furnisr, ar,y of the Work. or anyone for whose acts any of them may be ita*. the in,.ernnification obligatior: under p. raer'apr, 6?1 snail no' he niteJ in any way by any ,imitation or. the amount or type o. amaces. compensation o- benefit, pay able by Jr for CONTR NCTOR or any i:h Subco tractor. Supplier or o:her person or organization u• -er workers' compensation ac:s. disability benefit acts or oche: c^trloyee benefit 6. • The •ndcmntficaUon ,,bl•L.:,ores of CONTR ACTOR uncle- paragrap r 5.31 shall not ext-:rd to the Bahl"ty of ENGi- NE�R? and E`.G1NEER's Consultants. s. d rectors. employees or agents caused by 'hc prates .venal nectict. nce. errors or omissions of an: of them. Si-rvtval of Ubligaaons: 6 34. Al! representations. in.i-mnrricauons warranties and guarantees made tn. required by or ,•.cn :r accordance with GC- 28 the Contract Documents. as well as ail 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 Relaxed Work at Sire: 7.1. OWNER may perform other work related to the Project at the site by OWNER's own forces. or let other direct contracts therefor which shall contain General :ondi- 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: (i) written notice thereof will be given to CONTRACTOR pnor to starting any such other work. and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles I and 12 if CON T i'' ACTOR believes that such performance moll involve add .unal expense to CONTRACTOR or re- quire% 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 cunt -act and each utility owt er (and OWNER. if OWNER is performing 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 matenals and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do ail cutting. htung and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and 'he others whose work will be affected. The caries and responsibilities of CONTRACTOR undo iris paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefi: of CON- TRACTOR in said direcrcontracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRA-. rUR's Work depends upon work performed by others under t: is Article 7. CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects of deficiencies in such other work that render- it unavailable or unsuitable for the proper execution aid results of CONTRACTOR's Work. CONTRAC. LOR s failure so to report will constitute an acceptance of such ottter work as rit and proper for integration with CONT?;ACTOR', 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 1roiect at the site. the tnllowing will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination of the activities among the vanous pnme contractors will be identified: 7 4.2. the specific matters to be covered by such author- ns and responsibility will be itemized: and 7 4.3. the extent of such authontv and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions. OWNER shall have sole authority and responsibility ,n respect of such coordination. ARTICLE 8 --OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions. OWNER shall issue aii commu 'ications to CONTRAC- TOR through ENGINEER. S.2. In case of termination of the employment of ENGI- NEER, OWNER sha!' appoint an engineer at:atnst µl,om CONTRACTOR makes no reasonable objec:ion. whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shalt furnish the data required of OWNER under the Contract Documents promptly and shall snake 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.::enng surveys to establish ref- erence points a -e set forth in paragraphs 4.1 and 4 4. Paragraph 4.2 refers to OWNER's identifying and making available to CON TRACTOR copies of reports of explorations and tests of subsurface conditions at the sue and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in prepanng the Cottract Documents. 8.5. OWNER's responsibilities in respect of purcnasing and maintaining liability and property insurance arc set forth in paragraphs 5.5 through 5 10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph lit 4 8.7. OWNER'S responsibility in respect of certain inspec- tions, tests an" approvals is set forth in paragraph 13.4 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13 10 and 15.1. Paragraph 15 deals with OWNER's nght to terminate ser. re..es of CON- TRAL IUR under certain circumstances. GC- ,9 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 Inv failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible or CONTRACTOR'S failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos. PCBs. Petroleum. Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.11. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy OWNER's obiications uncle - ,he Contract Documents. OWNER', responsibility m 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 authonty of ENGINEER as OWNER's repre- sentative during construction are set forth in the Contract Documents and shall not be extended without wntten consent of OWNER and ENGINEER. Visas to Site: 9.2. ENGINEER will make visits to the site at intervals .appropriate to the 'anous stages of construction as ENGI- NEER deems nece' :ary in order to observe as an experienced and qualified desii. - professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on informauon obtained during such visits and observations. -ENGINEER will endeavor for the benefit of OWNER to determin^. in general. if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be reau.-rd to make exhaustive or continu- ous on -site inspections to c; -_k the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater dearer of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations. ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GiNEER's visits and on -site observations arc suhject to all the limitations on ENGINEER's authority 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 CONTRA(.. iOR's means. methods. techniques. se- quences or procedures of construction. or the safety prec..u- tions and programs incident thereto. or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. Project Representative: 9 3. If OWNER and ENGINEER agree ENGINEER will furnish a Resident Project Representative to assist ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authonty and lir:mations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9 13 and in the Supplement: -y Conditions. If OWNER des.znates 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. Clarification and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clanfications or interpretations of the re.luire- 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 and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRAC- TOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Pnce or the r -react Times and the parties are -unable to agree to the amount e: extent thereof. if any. OWNER or CONTI',ACTOR may m:a!•.e. a written claim therefor as pro- vided in Article 11 or Article 12. Aux/totted Variations in Work: 9.5. ENGINEER may authonze minor vanations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contact Pnce or the Contract Times and are compatible with the design concept of the compir ed Project as a functioning whole as indicated by the Contt;ct Documents. These may be accomplished by a Field n- ,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 are 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 authority to disapprove or reject Work which ENGINEER believes to be defective. or GC- 30 that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special tnspec- uon 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 authority as to Shop Drawings and Samples. see paragraphs 6 24 through 6.28 inclusive. 9.8. In connection with ENGINEER's authonty as to Change Orders. see Artcles 10, 1 1. and 12. 9.9. In connection with ENGF4EER's authonty as to Applications for Payment. see Article 14. Determrnaat ss for Unit Prises: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Pnce Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written dtttsion 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 de^:sion. either OWNER or CONTRACTOR delivers to the other and to ENGINEER wntten 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 will no: be subject to the procedures of paragraph 9.11. Decisions an Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptabiii`, 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 Pnce o- Contract Times will be referred inivally to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written nonce of each such claim. dispute or other .natter will be delivered by the claimant to ENGINEER and the other pane to the Agreement promptly (but in no event later than thirty days) after the scan of the occurrence or event giving rise thereto. and v. r.tten supporting data will be submitted to ENGINEER and the other party within sixty days .:ficr the :tan of such occurrence or event unless ENGINEER allows an additional penod of time for the submission of additional or mot-- 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 thc claimant's last submittal (unless ENGINEER allows additional umel. ENGiNEER will re.tde.r a formal decision in writing within thirty days after receipt of the opposing party's submittal. if any. in accordance with this paragraph ENGINEER'S written decision on such claim. dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decraon is taken within the time limits and in accordance with the procedures set forth tr. EXHIBIT GC -A. "Dispute Reso- lution Agreement." entered into between OWNER and CON- TRAC1OR pursuant to Article 16. or oil if no such Dispute Resolut.t, n Agreement has been entered into, a wntten notice of into- 'on to appeal from ENGINEER' • written decision is delivcre.i by OWNER or CONTRACTOR to the other anc' u ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the ,appealing party in a forum of competent jurisdiction to exercise such nghts or remedies as the appealing party may have with respect •o such claim. dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherti..se agreed in writing by OK NER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragr._ahs 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 exe :tse by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Ar.ic1e 16 9.13. Lining: ns on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or resnonsibil- ity under this Article 9 or under any other pro.'. on of the Contract Documents nor any decision made b} ENGINEER in good faith either to exercise or not exercise such authonty or responsibility or thc undertaking, exercise or penormance of any authority or responsibility by ENGINEER shall create. impose or give rise to any duty owed by ENGINEER to CONTRACTOR. any Subcontracte-. any Supplier. any other person or oreantzauon, or to any surety for or em- ployee or agent of a:.y of them. GC— 31 9.13.2. ENGINEER will not supervise. direct. con- trol or have authority over or be responsible for CONTRACTOR's means. methods, techniques. se- quences or procedures of construction. or the safety precautions and programs incident thereto. or for any ;ailure 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 CONTRACIUR'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 accompan3ing 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 Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive. a claim may be made therefor as provided in Article 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 Contract Documents as amended. modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Wnt- ten Amendments) covering: 10.4.1. changes in the Work which are W ordered by OWNER pursuant to paragraph 10.1. (ii) required because of acceptance of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14. or (iii) agreed to by the parties: 10.4.2. changes in the Contract Pnce 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 wntten 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) 1 1.1. 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 enutled 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 GC— 32 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 P -ice will be determined as follows: 1 1.3.1. where the Work involved is covered bs unit pnces contained in the Contract Documents. by application of such unit pnces to the quantities of the items involved (subject to the provisions of paragraphs 11 9 I through 1 1.9 3. inclusive) 11 3.2. where the Work involved is not covered by unit pries contained in the Contract Documents. br a mutually agreed lump sum i 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 prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 1 i .3._. on the b.:sts of the Cost of the Work (determined as provided in paragraphs 11.3 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 1 1.6). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily met. rred and paid by CONTRACTU : in the proper performance of the Work. Except as otherwise may be agreed to in wr.ang by OWNER. such costs shall be in amounts nc 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: 1 1.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation 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. but not be limited to, salaries and wages plus the cost of fringe benefits Which shall include social security contncutions. 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 irciuded in the abov- to the extent authonzed by OWNER. 11.4.2. Cost of all matenals and equipment furnished and incorporated in the Work. including costs o' transportation and storage thereof and Suppliers' field services required it connection therewith. Ail cash miscounts shall accrue to CONTRAL IUR 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- TRACTOR shall make provisions so that they m.o. he obtained. 11.4.3. Payments made by CONTRAL IUR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. if required by OWNER. CONTRACTOR shall obtain competitive bids from suocontractors acceptable to OWN ER and CONTRACTOR and 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 hats of Cost of the Work Plus a fee. the Subcontractor's Cost ,): the Work and fee shall be de',. mained in the same manner as CONTRACTOR s Cost of ire Work and fee as provp.led in paragraphs 11.4. 1 1.5. 11 6 a.1d 11.7 All subcontract shall be s•,bject to the other provisions of the Contract Documents insofar as appucaole. 11 4 4 Costs of special consultants (including but not limited to engineers, architects. testing iac )(atones. Nurse -- ors. attorneys and accourants) employed for ser•ices 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 al! matenals. supplies. eq iipment.. machiner,. appliances. office and temporary faciit: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 riot consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by Os+'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 terns 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 lost for causes other than negli- gence of CONTRAC IUR. any Subcontractor or any one directly or indirectly employed by any of them or for whose acts any of them may be liable, and ros alty payments and fees for permits and licenses. GC- 33 1 1.4 5.6. Losses and damages (and related expenses) caused by damage to the Work. not compensated by insurance or otherwise. sustained by CONTRACTOR in connectior with the performance and furnishing of the Work (except lasses 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 or 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 AC IOR's fee. If. however. any such loss or damage requires reconstruction .ind CONTRAC- TOR is placed in charge thereof. CONTRACTOR shall be paid for serices a fee proportionate to that stati.d 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 sue. 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, e.ecutives. pnncipals (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 CONTRA(_ IOR whether at the site or in CONTRACTOR s principal or a branch c for general admintstratior of the Work and not specificai,. included in th.. agreed upon schedule of job classifications referred to in paragraph 1 1.4.1 or spec:fi-ally covered by paragraph 11.4.4 —all of which are to be consid- ered administrative costs covered by the CONTRAL IUR's fce. 11.5.2. Expenses of CONTRACTOR's pnncipal and branch offices other than CONTRA(. IUR's office at the site. 11.5.3. Any part of CONTRA_ IUR's capital expenses. including interest on CONTRACTOR's capi'.al employed for the Work and charges against CONTRA_ FOR for delin- quent payments. 11.5.4 Cost of premiums for all Conds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11 4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR. anv Subcontractor. ur anyone directly or indirectly em- ployed by any of them or for w nose acts any of them may he liable. including but not limited to. the correction ni defect:I.e Wo-k. disposal of matenals or equipment wrongly supplied and making giud any damage to property Other overhead or general expense costs of anv kind and the costs of any item not specifically and expressly included in paragraph 11 4 1 1.6. The CONTR.A.IUR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 1 1.6.1. a mutually acceptable fixed fee: or 11.6.2. if a fixed fee is not agreed upon. then a fee bases' on the following percentages of the 'anous portions of the Cost of the Work. 11 6.2.1. for costs incurred under paragraphs 11 4 i and 11.4.2. the CONTRACTOR's fee shall be fifteen percent: 11.6.2.2. for costs incurred under paragraph 11 4.3. the CONTR.ACIOR's fee shall be five percent: 11.6.2.3. where one or more tiers of subcontracts are on the basis of Cost dale Work plus 1 fee and io fixed fee is agreed upon. the intent of paragraphs 1 1.4.1. 1 1.4 2. 11 4.3 and 11.6.2 is that the Subcontractor w ho actually performs or furnishes the Work. at whate%:r tier. will he paid a fee of fifteen percent of the costs rncu-red by such Subcon:ractor under paragraphs 11.4.1 and 11 4.2 and that any higher tier Subcontractor and CONTRA( IUR 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 t:eniized 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 OWNEP. 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 CONTRA_ IOW s fee by an a.nount equal to five percent of such net decrease: and 11.6.2.5. when both additions and credits ,.re involved in any one change. the adjustment in CONTRA."IUR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6 _.5. inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 1 1.5. CONTRA. RA 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 Price ail allowances so named in the Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1 1.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site. and all applicable taxes: and 11.8.2. CONTRACTOR's costs for unloading and han- dli.ig 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 accour,: of any of the foregoing will be valid. Prior to final payment. an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances. and the Contract Pnce shall be correspondingly adjusted. 11.9. Unit Prue Work: 11.9.1. V, here the Contract Documents provide that all or part of the Work is to be Unt* Price Work. initially the Contra:: Price will be deemed to include for all Unit Pricc Work an amount equal to the sum of the established unit once f.,r e...:n separately identified item of Unit Pnce Work times the estimated quantity of each item as indicated in the Agreement. The est:mated quantities of items of Unit Pnce Work are not guaranteed and are solely for the purpose of companson oC Bids and determining an initial Contract Pnce. Determinations of the actual quantities and classifica- tions of Unit Pnce \lark performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price w•1I be deemed to incii.de an amount considered by CONTRACTOR to be adequate to cover CONTR.ACTOR's overhead and profit for each sepa- rately identified item. 11.9 3. OWNER or -CONTRACTOR may make a claim for an adjustment in the Contract Pnce in accordance with Article 11 if: 1 1 9.3.1 . the quantity of any item of Unit Pnce Woi k performed by CONTRACTOR differs matenally and sig- nificantly from the estimated quantity of such item tndi- cated in the Agreement: and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work: and 11.9.3.3. if CONTRA_ lUR believes that CONTRAC- TOR is entitled to an increase in Contract Pnce 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 MilestoneN) may only be changed by a Change Order or a Written Amendment. .Any claim for an adjustment of the Contract Times (or Milestones) shall be based on 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 rise 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 more accurate data in support of the claim) and shall be accompanied by the claimant's wntten statement that the adjustment claimed is the enure adjustment to which the claimant has reason to believe it is entitled as a _cult of the occurrence of said event. All claims for adjustment in the 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 Tin -..es (or Mil: 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 con:rot 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 oth-r contractors perforrrung 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 Subcuntractor 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 'o delay beyond the control of both OWNER and CONTRACTOR. an extension of the Contract Timcs or M 'it stones) in an amount equal to the time lost due to such decay shall be CONTRACTOR's sole and ex::usive remedy for such delay In no event shall OWNER be liable to CONTRAC- TOR. any Subcontractor. any Supplier, any other person or organization. or to am surety for or employee or agent of any of them. for damages aming out of or resulting from ( r) delays caused by or within the control of CONTRAC IOR. or lid GC— 35 delays beyond the control of both parties including but not limited to fires. floods. epidemics. ataormal weather condi- tions. acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7 AR► ICLE 13 —TESTS AND INSPECTIONS. CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13 1. ,Notice of Defects. Piompt notice of all defective Work of which OWNER or ENGINEER have actual knowl- edge will be given to CONTRACTOR. All defecure Work may be rejected. corrected or accepted as provided in this Article 13 4 ccess to Mork: 13.2. OWNER. ENGINEER. ENGINEER'sConsultants. other representatives and personnel of OWNER. independent testing laboratories an.. gusernmental agencies with jurisdic- tional ink -rests 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 CONTR,ACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and !nspectsons: (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 approval,. and shall cixiperite 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 Contact 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 provid_d 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. CONTRAL IUR shall assume full responsibility for arranging and obtaii.ing such inspections. tests or approvals. pay all costs in connection therewith. and furnish ENGINEER the required ce.tificates of inspection, or approval. CONTRACTOR ,hall also be responsible for arrane- ing and obtaining and shall pas all costs in connection with any inspections. tests or approsals required for OWNER', and ENGINEER'S acceptance of matenals ur equipment to he incorporated in the Work. or of matenals. mix designs. ur equipment submitted for approval prior to C'UNTRACTOR', purchase thereot for incorporation in the Work. 13.6. If any Work for the 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. Uncovering Work as provided in paragraph I? - ,hall be at CONTRA. IOR's expense unless CONT;:ACTOR ha, given ENGINEER timely notice o; CONTRACTOR'. inten (ion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. Uncovering Work: 13 8. If an} Work is covered contrary to the wntten request of ENGINEER. it must. if requested by ENGINEER. 5e uncovered for ENGINEER's observation and replayed at CONTRACTOR's expense. 13.9. If ENGINEER con_iders it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR. at ENGINEER's re- quest. shat: uncover. expose or otherwise make available for ' observation. inspection or testing as ENGINEER may require. that portion of the Work in question. furnishing all necessary labor. material and equipment. If it is found that such Work is defective. CONTRACTOR shall pay all claims. costs. losses and c4--tages :..used by. arising out of or resulting from luch uncn' tang. exposure. observation. inspection and testing and of satsfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others): and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the parties are unable to agree as to the amount thereof. may make a claim therefor as provided in Article 1 I. If. however. such Work is not foetid .0 be delectit•e. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones). ur both. directly attnbutable to such uncovering. exposure. ob- servation. inspection. testing. replacement and reconstruction. and. if the parties are unable to agree as to the amount or extent thereof. CONTRA.. tOR may make a claim therefor as pro- vided in Articles i 1 and 12. OWNER May Stop the Work: 13.10. If the Work is defective. or CONTRACTOR fails :o supply sufficient skilled workers or suitable matenals or equip- ment. or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents. OWNER may order CONTRACTOR to stop the Work. or anv portion thereof. until the cause for such order has been eliminated: however. this right of OWNER to stop the Work GC— 36 shall not give nse to an, duty on the par. of OW NER to exercise this tight for the benefit of CONTRACTOR or any surety or other party Corrrctwn or Removal of Defective **wit: 13.1 1. If required ',v ENGINEER. CONTRACTOR shall promptly. a, directed. either correct au der: cttte Work. whether or not fabricated. installed or complete_ or. if the Work has been rejected by ENGINEER. remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims. costs. losses and damages caused by or resulting from such correction or remo,,,' (including but n,.t limited to all costs of repair or rep(acemcnt of work of others). 13.2'.. Correction Period: 13 12.1 If wit•• in one year after the date of Substantial Cornpie.ion or Such longer period of time as may be pre- scnbed h, Laws cr Regul.,i ns cr by the terms of an, aoplicahie special gut rantee requrr^d by the Contract Dx:c- uments or by any specific prove:un of ine Contract Docu- ments. any Work is found to be defective. CONTRACTOR sha'1 prompt!... without cost to OWNER and in az.orance :h OWNER's wet:en instructions: (i) correct such defec- tive Work. or if it has been rejected by OWNER. i :mo, e it from the ate and replace it with Work tha- is not defective. and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom If CONTR.,.--TOR does not promptly comply :0.1:n the terms of such tnstructiors. or in an emergency w here decay would cat...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 -its. losses and d.:mages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or reptacerrent of work of others) will be paid by C')NTRAL.(UR. 13.12.2. In specia circumstances where a parttcLiai Item of equipment is placed in continuous set- ice before Substan- tial Completion of all tne Work. the correction penal for that ;te:r )nay start to run from an earlier date if so provided in the .:'ecifications or by Wntten Amendment. i3.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected. removed or replaced under this paragraph 13.12. the correction period hereunder with respect w Stich Work will be extended for an additional period of one year after such correction or re- mo, al and replacement has been satisfactorily completed. Acceptance of Defective Won*: 13.13. If. instead of real inng correction or removal and replacement of detective Wo-k. OWNER and. pnor to ENGi- NEER's recommendation final payment. also ENGINEER) prefers to accept it. OWNER may do so. CONTRA i JR shall pay all claims. costs. losses and damages a►tnhutable to OWN ER's evaluation of and determination to accept such dcti•err, e Work (such costs 'o be appro,ed by ENGINEER as to reasonahlenes 11 any such acceptance occurs pnor to ENGINEER'S recommendation of anal payment. a Change Order will be issued incorporating the necessary revisions in the Contract Docume„ is w ith respect to the Work: and OWNER shall be chuffed to an appropnate decrease in the Contract Pnce. and. if the parties are unable t, agree as to the amount thereof. OWNER may rake a dais . therefor as pro, )Jed in Article 1 1 . If the acceptance occurs alter such recurntoenda- tion. an approprtate amount will be paid h, CONTRACTOR to OWNER. OWNER May Co•'eet Defective 4ork: 13 14. if CONTRACTOR fails „thin .i -easonablc time after wntten notice from ENGINEER to c.jrrei., deo,to', Work or to remove and replace rejected work as requireu h, ENGINEER in ac ordan. e with par Graph 13 1 1 . Jr ;f CON- TRAC RUR fails to perfr .1 the Work in accoruance with the Contract Documents. or CONTRA TOR faiis to comp`.y with any other provision •3! tne Con'rac: 7,ktiment_ t W\ ER mat. after seven days' wntten null... ', t'ONTR.ACTOR. correct and remedy an, such deficie.':y :,; exercising the ngnts and remedies under this ntrarrapti OWNER hall pro- ceed expeditiously. In connec'. on with such correct and remedial action. OWNER may exclude CONTRAS r. -.t-. from al: or pa. -t of the site. take possession of all or p..rt of the Work. and suspend CONTRACTOR.; services related the —Jet, take possession of CONTRACTOR', tools. applian_es. construc- tion equipment and machinery at th^ site and incorporate in the Work all materials and equipmc re stored at the site or for which OWNER has paid CONTRACTOR hu. which are stored elsewhere. CONTRACTOR shall allow OWNER. OWN ER's representatives. agents zed employees. OWNER's timer con- tracrars and ENGINEER and ENGINEER'S Consult. its ac- cess to the site to enanie OWNER to eo:rctse the r,_'-ts n.i remedies under this G,:iiag.-aph. \Ii claims. costs. losses and damages incurred ur sustained by UWNER in exercising sue.`. nghts and remedies ,silt be charged against CONTACTOR and a Change Order w.'i he Issued incorporating the me •ssary revisions in the Contr.: Documents w ith •espect w the Work. and OWNER shall be entitled to an appropnare decrease in the Contract Price. and. if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 1 1 . Such claims. c 'sts. losses anti .Tarn :ges will include but not be IimiteJ to all :o.ts of rep: or re*•.,ce- ment of work of others destroyed or damaged b, correct on. removal or replacement of CO NTF, au -1 UR's drJec rite \-.o: k. CONTRACTOR shall not he allowed an extension of the Contract limes (or Mtlesto'.es) n.:,:ause of am• uelay in the performance of the Wort, at: putah,e to the exercise py (D W' . ER of OWNER's nchts and rc'uedies hereunder. ARTICLE I4 --PAYMENTS TO CONTRACTOR AND COMPLETION Sc1ed lie of Values: 14.1. The schedule of values established as pro, :Jed in paragraph 2.9 will serve as tne 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 Price Work will be based on the number of units com- pietei. A pplicat:on for Pre, ress Payment: 14.2. 4: ''ast twenty daY s before the late estaolisied for each procr, payment but not more often than once a month). Cu- " ACTOR shall submit to ENGINEER for review an App .anon for Payment filled cut and signed by CON7 PZACTOP. covering the Work completed as of the date of the Appli.:a:ion a- 1 accompanted by such supposing documentation a, is required by th, Contract Documents. If payment is requested on the 5.tsis of matenals and eauip- ment nc't incorporated in the Work but delivered and suitaoly sto:ec ..' the site or 2t another locati:.n agreed to in writing. the Application for Payment shall r' o be accompanied by a bill of sa,e. invoice or other documentation warranting that OWNER has rece:'ed the materials and equipment free and clear of all Liens and ev'dence that the matenais and equipment are covered by appropriate property insurance and otherarrangements to protect OWN ER's irr•erest thereir all of which will be sr. sfactory to OWNER. T,te amoun. of retainage with respt ct to progress payments will be as stipulated in the Agreement. CO.ITRA(TUR's War, anry of Title: 14.3. CONTRACTOR "grants and gua.-entees that title to all Wort.. m-' cnals and equipment coverer: by any Application for Payment. whether incorporated in the Project or not. will pass to OWNER no later than tyre time of payment free and clear of all Liens. Review of Applicatsons for Prorress Payment: 14.4. ENGI c_ER wilt. within ten days after receipt of each Appiicati.'.' for Pa, rent. either indi-ate in wnung a recommendauor, of payment and present the Application to OWNER. or return the Applicauon to CONTRACTOR indi- cating in wntirc LNGiNEEr's reasons for refusing to recom- mena payment . the latter case. CONTRACTOR may snake the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Pnymen, to OWNER with ENGINEER's recommendation. the amount recommended will t subject to the provisions of the last sen- tence of parazrapn 14.7) become due and when due will t• paid by OWNER to CONTRA.. it)R 14 5 ENGINEER's recommendation o; any payment re- quested in an opItcation for Prvrrent will constitute a repre- sentation byENGINEER toOt `i:R.based onEM_ 'NE7R's on -site ooservatio-• of he executed Work as an expenenced and qualified design professional and on ENGINEER'S review of the Application for Payment and the accompanying data anJ schedules. that to the best of ENGINEER's knowledge. Infor- mation and belief: 14 5 I 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 tsubject to an evalu- atior of the Work as a functioning whole pnor to or upon Substantia, Completion. to the results of any subsequent tests calk i for in thy. Contract Do':uments. to a final determination of quantities and classifications for Unit Pncc Wort, under paragraph 9 10. and to any other quali- fications Mated in the recommendation), and 14 5.3. the conditions p:ecedent o CONTRAC [OR'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 EN'JINEER will not thereby be deemed to have representeJ that: to exhaustive o: continuous on -site inspections ha. c been made to check the Quality or the quantity of the work beyond the responsibilities, specifically assicred to ENGINEER in the Cony; act Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. LNGINEE'''s recommendation or any payment. in- cluding final payment. shall not mean that ENGINEER is responsible forCONTR4CTOR'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 Rezulations appli- cable to the furnishing or performance of Work. or for any failure of CONTRALIUR to per,orm or furnish Work in accordancc with the Contract Documents. 14 7. ENGiN.-.R may refuse tr recommend the whole or any part of any payment if. in ENG'"EER's opinion. it would_ be incorrect to make the reoresenter.ons to OWNER referred to in paragraph 14.5. ENGINEER may .tlso refuse to recom- mend ar'y such rayment. or. because of subsequently dis..ov- ered evidence or the results of subsequent inspections or tests. nullify any sucn payment previously recommended. to such extent as may be necessary in ENGINEER's opinion to protect OWNEF from loss becausr: 14.7.1. the Work is defective. or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Pnce has been reduced by W'nt- ten Amendment or Change Order. 14 7.3. o.WNER has been required to correct drjec- n �e Work or complete Work it accordance w ith 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 throug.+t 15.2.4 inclusive. OWNER may refuse to make payment of the full amount rc-ommer.ded by ENGINEER 1,ecause: 14 7 5. claims have been made against OW'\ER on account of CONTRAC. IURs F- - orrnance or furnishing of the Work. CC— 38 14.7.6. Liens have been filed in connection with the Work. except where CONT RAC= tUR has delivered a specific Bor,d satisfactory to OWNER to secure the satisfaction and discharge of such Liens. 14.7.7. there are other items entitling OWNER to a set-off ,ieainst 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 15.14 inclusive: but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount 50 withheld. or any adjustment thereto agreed to ay OWNER and CONTRACTOR. when CONTRAL IOR corrects to OWN - ER's satisfaction the reasons for such action. Substana.1 Corrplenon: 14 8. When CONTRA(. MR considers the enure 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 Cori ._tion. Within a reasonable time thereafter. OWNER. CO?`'TRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEEI. noes not consider the Work sub- stantially complete. E'N'GINEER will notify CONTRAC:IUR in wntir2 giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate 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 ;rrected before final payment. OWNER shall have seven u: after receipt of the tentative certificate during 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 tentative certificate to OWNER notify CONTRACTOR in writing. stating the reasons therefor. If, after consideration of OWNER's objections. EN- GINEER considers the Work substantially complete. ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from ;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 ENGIN .ER will deliver to OWNER and CONTRACTOR written recommendation as to division of responsibilities pend- ing final payment be veen OWNER and CC`*iTRACIOR with respect to security. L•peration. safety, maintenance. heat. utili- ties. insurance and warranties and guarantees. Unless OWNER and CONTk \CTOR agree otherwise in wr.ting and so inform ENGINEER in wnting prior to ENGINEER's issuing the definitve 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 correct items on the tentative list. Partial Udi; athrn: 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 no 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 pnor to Suustantiai Com- pletion of all 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 Worst 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 complete. CONTRACTOR will certify to OWNER ER 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 wnting that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a centficate of Substantial Completion for that part of the Work. Within a reasonable titre after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspection of that oan of the Work to determine its status of completior . If ENGINEER does not consider that part of the Work to be substantially complete. ENGI- NEER will notify OWNER and CONTRACTOR in wnt- ing giving the reasons therefor. If ENGINEER considers that part of the Work to `ie 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 opetauon of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14 1 1. Upon wric.en notice from CONTRA(= IUR that the enu'' Work or an agreed portion thereof is complete. ENGI- NEEA will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in wnting of all GC -39 particulars in whicr this inspection reveals that th. Work is incomplete or derectrve. CONTRACTOR shall immediately take such measures as arc necessary to comp.tite such Work or remedy such acficienetes. Final Appiwaaor for Payment: 14 12. After CONTI•, has completed all such car. :.actions to ;: - sattsfac:, i ENGINEER and delivered in :.c:ordance with the Contra:• ocu.nen.s all ma:•••enance and or 'antic instructions. schedai_s. guarantees. Bands. test:fi- or other evidence of insurance required by paragraph !.4, certificates of inspection. marked -La record do..iments ;as pro%i,!ec in paragraph 6.19) and other do. uments. )^4TF. TOR rr: y make ape lication for final payment foi; •- ins the pros•:tiure for prod ass payments. The Fnzl Applicie,on for Payment shall be a-.:co-:pr,need (except as' pre%iously delivered) by. (i) all d.,-urnuntation _atle.1 for in the Contract Documents. inciudin, out n.: !im::ed to the evidence of insurance required by •ubpar.:.z - 5 4 ! 3. (n) cor.ient of :he surety. if any, to final pa%men:. zna . 'i complete and ;rsaliy effective release, or waver (whist. .,r•y 10 OWNE?' of all Liens ansing out of or flied in tonne_.- ,n w:h the Work_ In lieu of such releases or waivers of L i_^a .end as aperov-•+ by OWNER. CONTPAC- TCR may '. nt. , r-_eipts c• reir,zes in full and an affida%it of C..)NTRA-70F, that: (t) the releases and receipts include all late, se' ,:es. m'ttenal an_ equipment fo. which a Lien could be fife... 1„d (ii) all payrolls, matenai ant' equipment bills and of tier inde _qedness c.,nnectcd %. ith the \4.:rk tor which OWNER or OWN ER•s pro;%c:-ty mt_nt in arty w; y be responsibk have been paid or ott.^:wise satisfied. If any SuLcontraetor or Supplier fails to furnish such a relea.<c or receipt in full. CO TR.AC. IOR may furnish a Bond cr ..;ner collateral sat',- facta y t., OWNER to indemnify OW1%':: against any Lien. Fuss. c mint and Acceptance: 1. 1.1. If. on the basis of ENGINEER's observanor• of the Wore. ;unng construction and fins! .nspection. and E'4Gl- NLL.i. s review a: •he final Application for Paymer.. and accompanying docurn_n:ation as required b% me Contract Documents, ENGINEEi'. is satisfied that the ► '.x ha, beer compte' d and CONTRaC-TOR's other obligati, ns under the Contract Document: have been fulfilled, ENGINEER will. within ten days after receipt of the final Application for Payr, n:. indicate in wnting ENG'Nr-':'R's recommendation of men: and prsen: the 4ppt . .... to OWNEF for pay- ment At tee same time ENGIN. ER will also give wetter. notice to OWNER and CONTRr►_'T )R t:.at the Work is •:peat;e subject to the provision. raragraph 14.15. Oth- e-, i e. ENGINEER will return the -..pnlication to CON- TRACTOR.. indicating in wnting the reas.,ns for refusing tc recommend f nal payment. in which case CONTRACTOR shali make the necessary corrections and resubmit the Appiicaa. 41. Tni:-ty days after the presentation to OWNER of the App:,ca- non ,nd accompanying dc-_umentat.on. in appropriate form any substance. and wt::- ENGINEER', .ecommendz..:on and notice of accentabdi,% the amount rcc,ommended by ENG., NEER will become due and will be paid by OWNER to CONTRACTOR. 14 14. If. through no fault of CONTRM""TOR, final com- pletion of the Wort is stgniiicantly delayed and if ENGINEER so confirms. OWNER shall, upon receipt of(' .'NTRACiOW s final Application for Payment and re:.ommer...ati.'ei of ENG; NEER. and withou• terminating the Agrecr,iant. make pay- ment of thr balance due for that portion o: :he Work fey completed nr' •pled. if the remaining balam.c to be held b% Ow NER f .r toil: not fully completed or corrected is less than the ret:..nage sti.ulated r:, the Agreement. and if Bonds have been furnished as require) in paragraph 5.1. the wntten con- sent of the surety to the payment of the balance due for tt.1 portion of the Work fully complete.' and accepted shall to submitted by CONTRACTOR to ENGINEER with the Am -- cation for such payment. Such payment shall be rrade tin $er the terms conditions govr.ming final payment. except ::at it shall not constitute a waiver of claims. Waiver of Cknr r: 14.15. The making and acceptant` of final payment will constitute: 12.15 I. a waiver of all claims by OWNER against CONTRACTOR. except claims arising fmrr unse:r •d Liens, from defective Work appearing after fit= ins in pursu- ant to paragraph 14.11. fror failure to co-rury with the Contract Documents or the tern, of any special guarantees specified therein. or fro•`. CONTRACflR's continuin- ob- !i atiorhs ender the Contract Documents; and 4.15.2. a waiver of all claims by CONTRACTOR against OWN;,F. other than those previous!- mane in w• -sing and sdli unsettled. ARTICLE t5—SUSPF1'SVON OF WOK AND TERMINATION OWNER May Suspend Wort 15.1. At any time zno without cause. OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety drys by notice in wnting tc CONTRACTOR and ENGINEER. which will fix tt:e art: on which Wok will the resumed. CONTRACT -4'. F'. snail resume the Work on the date so fixed. C ONTRACT J • hall be allowed an adjustment in the Contract mete or an extension of the ::ontrica Times. or both, directly attnbutable to any st.ct•. suspension if CONTRtd.-IUR makes an approves claim the --_-for as provided in Articles 11 and 12. OWNS.`: May Ter u.ae: 15.2. Upon the oc_urrence 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 un- cluding. but not limited to. failure to supply sufficient skilled workers or suitable matenals 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 junsdretion: 15.2.2. if CONTRA(_ lUR 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 wntten notice and to the extent permit- ted by Laws and Regulations. terminate the services of CONTRACTOR. exclude CONTRACTOR from the site and take possessio.i of 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 TRACTOR for trespass or conversion). incorporate in the Wort all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOF but which are stored elsewhere. and finish the Work as OWNER may deem expelient. in such case CONTRACTOR shalt not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs. losses and damages sustained by OWNER ansing out of or resulting from com; lcung the Work such excess will be paid to CONTRAC IUR 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 nghts or remedies under this paragraph OWNER shall not be required to obtain the lowest pnce for the Work performed. 15.3. Where CONTRA(_ iOR 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 adc'rue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. - 15 4 Upon :even days' wntten notice to CONTRACTOR and ENGINEER. OWNER rnay. without cause and without prejudice :o any other nght 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 .antract 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. CONTRACAOR shall not be paid on account of loss of anticipated profits or revenue or other ec.,nomic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Termite: 15.5. If. through no act or fault of CONTRAC IUR. the Work is suspended for a penod of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum (Tally 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 tine, terminate the Agrc-e- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. in lieu of terminating the Agreement and without prejudice to any other ngh, or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitteJ, or OWNER has failed for thirty days to pay CONTRACIUi. any 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 ail such amounts due CONTRACTOR. including interest thereon. The provisions of this paragraph 15.5 are not intended to prrclude 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 . TRACTOR have agreed on the meth •• •-d proced for resolving disputes between them that may • nder this Agreement. such dispute resolution met • • r. p • • • ure, if any, shall be as set forth in Exhibit GC- • spute Reso • ' n Agreement." to be attached hereto • made a part hereof. 1 such agreement on the me • • 1 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 ARTICLE 17 —MISCELLANEOUS Citing ,Voace: 17.1 Whenever an} provision of the Contact Documents requires the giving of wntten nonce. i; will be deemed to have been validly given if i'.elivered 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. Computeaon of Times • 17 2 1 When any penod of time is riferred to in the Contract Documents by days. it will be computed to exclude the first and include the la:,t day of such penod. 1f the las: day of any such penod falls on a Saturday or Sunday or on a dz made a legal holiday by ;he law 'f the applicable junsdiction. su_h day will be omitted from the corr.'utauon. 17.2.2. A calendar day of twenty-four haurs measurT+ from midnittnt to the next midnight will constitut^ : day. N ..ice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or proper.}• because of any error. orni.3sion or act of the other party or of any of the littler party s employees or agents or others for whose a,• the other party is legally liable. claim will be r.,ade in wntina to the other part} within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose Cumulative Remedies: I- 4 The duties and obligations imposed by these General Cons eons and the nghts and remedies available hereunder to the parties hereto. and. in particular but without limitation. the warranties. guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12_. 6.16. 6.30. n 3I. 6 ::_ 13 1. 13.12. 13.14. 14.3 and 15.2 and all of the ngh:s and remedies available to OWNER and ENGINEER thereunder. are in addition to. and are not to be construed in anv way as a limitation of. any nghts and remedies avaaa` to to any or all of them which are otherwise imposed or available 'y Laws ur Regulations. by special warranty or guarar ter or by .er provisions of the Ccrtra.t Documents. and the provisiur of this paragraph will be as effective as if repeated specifics' in the Contract Documents Ii. connection with each particular duty. obliption. nght and remedy to which they =pi} Professional Feel ant' Court Cosa Included• 17.5. Whenever reference is made to "claims, costs. '.asses and damages." it shaii inch: le in each case. but not be limited to. all tees and chary s of engineers. archit,cts. attorneys and othe professionals and all court or arbitration or ot'.:r dispute resolutr a costs. [The remainder of this page was left blank intentionally.] GC— 4. Supplementary Conditions SUPPLEMENTARY CONDITIONS 1. SUBCONTRACTORS AND PRINCIPAL MATERIAL MANUFACTURERS The apparent low bidder, and such other bidders as Owner may request in writing, shall submit to Owner a list of all subcontractors and other persons and organizations (including those who are to furnish the principal items of materials and equipment) proposed for any portion of this Project in conformance with the "Instructions to Bidders." When this list is approved, no deviations shall be allowed from that list without the written consent of the 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/119P/030899 SC -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/030899 SC -2 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 — Quantities for any items may be reduced or deleted at the sole discretion of the Village. No adjustments to unit prices or compensation to the Contractor shall be considered for reduction of quantities or deletion of items. Contractor shall be paid for actual items installed and accepted by the Engineer. 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-CON.SPG 119P/030899 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/030899 6.3 Maintenance of Existing Utility Services 6.3A 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 for acceptance 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/030899 SC -5 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. The Contractor shall spot-check several existing elevations shown on the plans for each phase of the construction to confirm vertical control prior to construction of each device. The Right of Way Lines shown on the Plans are approximate only. The Contractor shall utilize his own Florida Registered Surveyor to ensure that new sidewalks are not constructed beyond the limits of the right-of-way. Record drawings of all new construction should be submitted upon request from the engineer for each phase of SUP-CON.SPC/119P/030899 work. All survey work for this project shall be considered incidental to the applicable bid items for which survey is required. Bearings shown on plan are approximate. 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 comers, 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/030899 CC -7 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/119P1030899 4(`-R 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 at no additional cost to the Owner. 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, foreseeable or unforeseeable, 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/ 119P1030899 SC -9 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/1 19P/030899 Cr 1 !1 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 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.SPC/119P/030899 METROPOLITAN DACE COUNTY, FLORIDA ENVIRONMENTAL RESOURCES MANAGEMENT 1 1 1 N.W. 1ST STRE T SUITE 1310 MIAMI, FLORIDA 33128-1974 (305) 375-3376 NOTICE TO ALL CONTRACTORS INVOLVED IN ANY CONSTRUCTION ACTIVITY WHICH REQUIRES DENATERING WITH ULTIMATE DISCHARGE INTO A CANAL, LAKE, DITCH CR STORMWA T cR 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 -i2 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. This video must be approved by the Architect/Engineer and submitted to the Owner. In addition, all post construction shall be recorded to ensure that all residential restoration meets pre -construction conditions. A copy of the post -construction video 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/030899 30. SHOP DRAWINGS The Contractor shall submit five copies of all shop drawings for review and approval. Two copies of the approved shop drawings will be returned to the Contractor, unless otherwise requested. Shop drawings shall be submitted for all materials and equipment to be furnished and, in general, shall cover such items as catch basins, manholes, pipe laying schedules, pipe and fittings, including details of restrained joints, and test certificates, reinforcing steel, and asphalt 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 arc 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/ 119P(030899 i Exhibit "A" Village of Key Biscayne Ordinance 93-16 Establishing Prohibitions Against Excessive Noise SL'PPLE4.ENTARY CONDITIONS EXHIBIT "A" ORDINANCE NO. 93-16 AN ORDINANCE OF THE VILLAGE OF KEY P 1SCAYNE, 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 SEV RABILITY, rNCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, Section 8.03 of the Village Charter incorporates all code previsions, ordinances and resolutions contained in the Code of Metrorolitan Dade County (the "County Code") on the date of :he adoption of the Village Charter; and WHEREAS, this Cou nc4l wants to repeal any conflict'_na provisions of the County Code pertaining to excessive noise, and establish its own definitions and prohibitions against excessive noise, as well as en=o_cement 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 S ISCA` NE , FLORIDA, AS FOLLOWS: Section 1. That. the Code of the Village of Key Biscayne is hereby amended by addinc a new chapter which shall read as follows: CHAPTER . NOISE Sec . 1. Prom bi:ion. It shall be unlawful for any person to make, continue cr cause to be made or continued any lcud, excessive, Unnecessary or unusual noise. For purposes of this chapter, the word "noise" Shall mean any sound in quantities which are cr may be potentially 'SS Exhibit "A" Page 1 of 8 harmful or injurious to human health or welfare, or which unnecessarily interferes with the enjoyment of life cr property, including outdoor recreation, of a reasonable Person with normal sensitivities. Sec. 2. Definit ons. The following words, te=ns and phrases when used in this chapter shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaninc: a. Alarm. Any fire, burglary, motor vehicle, ;motorboat or civil defense alarm, whistle cr 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 cr similar property. c. Emercencv. Any occurrence cr 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 lecal hclidays, including New Year's Day, Presidents' Day, Memorial Day, Independence Day, Labor Dav, Columbus Day, Thankscivina Day and Christmas Day. e. Motor Vehicle. A two or more wheel vehicle, or machine, pro -celled cr drawn by mechanical power, - cas or diesel, and used on the public roads and highways in the transportation of people or property. f. Motorboat. Any vessel which .s propelled cr powered by machinery and which is used cr capable of being used as a means cf transportation cn water. Sec. 3. Prohibited Acts. The following acts are declared to be loud, excessive, unnecessary, cr unusual noises in violation of this Chapter: a. Excessive Noise. Any noise which is hazardous to public health, welfare, safety or the quality cf life within the limits of the Village or of such c haractcr, intensify or duration which disturbs :he public peace and welfare. 2 Exhibit "A" Page 2 of 8 b. corns, Sicralino 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 cr harsh sound; and the sounding of any such device for any unnecessary and unreasonable period of time. c. Radios. Televisions_ Phonocr-anhs, Musical Instruments. etc. The using, operatinc, 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 cr persons who are in the room, Motor Vehicle, Motorboat cr area in which such machine or device is operated and who are voluntary listeners thereto. The =erotic= of any such radio, television, phonograph, mu.,ical instrument or other machine cr 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 Chanter. d. Animals. 3i rds, etc. The owning, possessin c or harboring of any animal or bird which causes, - between :he hours of 11:00 p.m. and 7:00 a.m., frequent cr continued noise which is plainly audible at a distance of 100 feet from the building cr snr.;Cture 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 e=`A'- vely prevent loud or explosive noises therefrom. f. Construction. The creation of a loud or excessive noise in connection with the conducting c f Construction between :.he hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 5:00 a.m. 0n weekends and Holidays, except r ,r E.mercency work. Exhibit "A" ?age 3 of 3 7 g. Firearms or Exlosives. 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. Loudsteaker 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 az a distance of 100 feet from the building, structure, Motor Vehicle or Motorboa: 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 Chaucer. Loading or Unloading. The creation of a loud or excessive noise in ccnnection 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 Ecuinment. The use o= commercial maintenance equipment which creates a loud cr excessive noise in connection with the operation of said'eeuipment 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 Mot Vehicle cr Motorboat. The use of any Motor Vehicle cr Motorboat so out of repair, so loaded or in such a manner as to creace loud or unnecessary gracing, grinding, rattling cr other noise. 1. Hawkers/Peddlers. The shouting and crying cf peddlers, hawkers, and vendors which disturbs the peace and quiet of the neighborhood. rr . Schools, Courts. Hastitals, _ Places cf Reliciq zs Worshio . 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 institution cr which disturbs or unduly annoys the persons within such institutions. a. 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 cr other purposes. o. Omen Air Concerts, Musjr-al Sroadcasts etc. The playing, broadcasting or transmitting of music in such a manner as would reasonably be calculated to attract a crowd or cause persons to congregate in or on any open space, lot, yard, park, sidewalk cr street, cr 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 per son (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 Manacer or his or her designee submitted a minimum of ten days prior to an event at which noise levels are expected to violate this Chanter, r the prohibitions or hou restrictions contained herein may be modified subject to such conditions as the village Manager may impose. The decision cf the Village Manacer sha11 be final and not subject to appeal. a. Permit Application Information. The application for a permit under this section shall contain the following information: (1) The name, date of birth, address and telephone number of the person who will be in charge of the activity or even: for which a permit is re^rested; 2) The name cf the cerscn 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 cf the activity or event for which a permit is recuested. 5 Exhibit "A" Page 5 of 8 b. PeTrit Contents,_ Time Restrictiong 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 Manage: is hereby authorized to promulgate reasonable rules and procedures for the application, issuance and revocation of such permits. d. Criteria for Permit Issusnosi Posting of BQzid. Issuatice of a permit t under this section shall be based on a determination by the Village Manager or his cr her designee that the activity or event for which a ternit is recuested does not constitute a threat to public safety; constitute a danger or i.-pediment to the normal flow cf traffic; cr constitute a potential disturbance of the peace and quiet of persons outside the premises where the activity or event is located. The Village Manager cr 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 cr destruction of property and shall be subject to forfeiture for purpcesgs, of paying any such costs. e. Person Desicnated As Being In Charge To 5e Present The person designated in the permiE. amtlicaticn 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 lint awful and a violation of this section for said designated person in charge to fail to remain in attendance at the location cf.the activity or event authorized by the permit for the entire time specified in the permit. Sec. 5. Bxemrticns. The terns and prohibitions cf this Chatter shall not be applied to or enforced against: a. Any Motor Vehicle, Motorboat or other vehicle of the Village, the County, the S=ate 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 cr 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 cf emergency work. Sec. S. Enforcement. This Charter shall be enforced by the Village Police Deoa_tnent or any other official of the Village authorized to enforce this Chapter. c.,. 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 shah be liable. If the violation is not corrected immediately by the violator upon issuance cf 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. Sects cr. 2. Repe=al cf Ccnf1_otinc Provisions. That any conflicting provisions, ordinances or resolutions of the County Code, as made applicable to the Village by Section 8.03 of the Village Chatter, are hereby repealed in their entirety. Car -t-4 On 3. Seve -ab i itv. 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 unconsti:uticnal, such decision shall not affect the Exhibit "A" Page 7 of 8 validity oe 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 reletEered to accomplish such intentions; and that the word "Ordinance" shall be changed tc "Section" or other anp_opriate word. Section E. Effective Date. This Ordi^ance shall be effective upcn adoption on second reading. PASSED AND ADOPTED on September , 1993. reading this 14th day of PASSED AND ADOPTED on second reading this 28th day cf Set:member , 1993. ATTEST: 7,: EA: AEL H. CONTE , MAYOR GUIDO H . `-=NGUANZO , VILLAGE C' RIK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RIC.:ARD JAY WEISS , VILLAGE ATTORNEY lad\keyolsca\ora\r.c se V��� r.•f1� �� � 8 Exhibit "A" SUPPLEMENTARY CONDITIONS EXHIBIT "B" DUTIES, RESPONSIBILITIES AND LIMITATIONS OF TI-IE 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. EJCDC - 1984 Edition Exhibit "B" Page 1 of 5 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. EJCDC - 1984 Edition Exhibit "B" Page 2 of 5 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 C(` T:YL7R CD(`/110D/(1F.7502 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 4of5 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 SUPPLEMENTARY CONDITIONS EXHIBIT "C" SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to Village of Key Biscayne by [pnnt individual's name and title] for [pnnt name of entity submitting swom statement] whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement 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 ?rid 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), Flonda 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 inforniation after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287 133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 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 mto 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 ¢r_FXi-R 'rcii ionrn1.'co2 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 sworn 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 cnme subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However. there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO 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 INFORMATION CONTAINED IN THIS FORM [signature) Sworn to and subscribed before me this Personally known day of , 19 Or Produced Identification Notary Public - State of (Type of Identification) My Commission Expires (Printed, typed, or stamped commissioned name of notary public) Exhibit "C" Page 2 of 2 CC, T"VTTT [',n!',/„ r,r,in..,,r,r, 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 in addition to the Contract Bid Specifications will be: • the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction", dated 1991 as supplemented herein. 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, between any of the Contract requirements, the Engineer will determine which requirement governs. • 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 GCP.SPC/119P/030499 ('.-(`P 1 AISI American Iron and Steel Institute ANSI American National Standards Institute 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. In case of conflict between any of the Contract requirements (plans and specifications), the Engineer will determine which requirement governs. 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/119P/030899 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 any approved 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. Expenses due to damage by the Contractor or relocation solely for the Contractor's convenience shall be the responsibility of the Contractor and are not included in this Account. 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 approved by 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/03 0899 DS -100-1 SECTION NO. 101 MOBILIZATION AND SITE VIDEO 101-1 DESCRIPTION This section includes the cost of indemnification and mobilization. Mobilization includes the establishment of facilities in this section and restoration of the facilities. For this Project, Mobilization is a Lump Sum Item for installations related to the Traffic Devices. For Sidewalk installation, Mobilization is included in the unit price for Sidewalk Installation. The Lump Sum Price for the Performance and Payment Guaranty & Insurance Item shall be adjusted at the time of award by a factor of the amount of Bid actually awarded over the amount Bid. Payment for this item shall be no greater than 2.5% of the amount awarded for Contract. The Contractor is responsible for obtaining suitable storage areas, office facilities, and shall 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 videos 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. Video shall be reviewed and approved by the Owner. 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: DS-101.SPC/119P/030899 nc_1nl_1 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 -101 SPC/119P/030899 Tl Q 1111 2 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. For this Project, Maintenance of Traffic for the installation of Traffic Devices is a Lump Sum Item. For Sidewalk Installation, Maintenance of Traffic is covered under the unit price for Sidewalk Installation. 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 not construct more than one Traffic Calming Device per each street at a time. Each Device must be completed and operable as determined by the Engineer prior to commencing construction at the next device. The contractor shall make necessary arrangements to provide reasonable access to the residents. The Contractor shall notify residents 24 hours prior to any construction that will affect access to their property or 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. Whenever control devices are utilized beyond working hours, the Contractor shall monitor the site to be assured all traffic control devices are working and properly placed. During monitoring, if the Contractor discovers any discrepancies in the traffic control it must be corrected immediately including temporary flagmen until the discrepancy is corrected. Contractor will provide an emergency contact phone number to the Village of Key Biscayne Police Department in case the Police Department discovers any control devices they determine unacceptable. All repairs and adjustments are considered Maintenance of Traffic for this project. 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 M.O.T. plan for each Traffic Calming Device and a separate M.O.T. plan for each phase of Sidewalk installation to the Village Police Department indicating the signs DS -102. SPC/ 119P/030899 DS -102-1 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. 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 Maintenance of Traffic shall be paid for at the lump sum contract unit price for Item 102-1 and shall be paid for under the sidewalk Contract unit price for work related to sidewalk installation and shall be full compensation for all work covered under F.D.O.T. Section 102 (signs, barricades, plan preparation, coordination, etc.) as supplemented herein. Item No. 102-1 Maintenance of Traffic - per lump sum DS -102 SPC/119P/030899 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 system and wells. 104-3 BASIS OF PAYMENT No direct payment will be made for work in this section. DS-104.SPC/ 119P/030899 TlQ 1 nn 1 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. For this Project, Clearing and Grubbing is a Lump Sum item for the Traffic Devices. For Sidewalk installation, Clearing and Grubbing is covered under the unit price for Sidewalk installation. Any Removal Work shown or not shown on Plans that is necessary to construct Project shall be covered by Clearing and Grubbing. 110-2 SPECIFIC REQUIREMENTS The Village will identify which trees (with trunk diameters of 4" or greater as measured 4' above grade) are to be removed once construction begins. The Clearing and Grubbing Lump Sum item for the Traffic Calming Devices and the Clearing and Grubbing related to sidewalk installation includes removal of all shrubs and trees (with diameters smaller than 4") that are in conflict with proposed construction. Trees and shrubs are to be totally removed, including roots. All applicable permits and regulations shall be obtained and followed. The Village may decide to self remove some or all trees with diameters of 4" or greater. If the Village decides to remove the trees with diameters of 4" or greater, it shall be the responsibility of the Contractor to coordinate this 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 shall not be a basis for a claim of delay. Fence removal shall be paid for per linear foot and shall include grading and compacting and backfilling post holes. 110-3 METHOD OF MEASUREMENT Method of measurement shall be lump sum for Item No. 110-1 and shall be covered under the Contract unit price for Sidewalk Installation and shall include all items covered under FDOT Section 110 except for: per each for Items No. 110-2A, 110-2B, and 110-2C and per linear foot for Items No. 110-3A and 110-3B. 110-4 BASIS OF PAYMENT Payment shall include all items covered under FDOT Section 110 as supplemented herein and shall be made under: Item No. 110-1 Item No. 110-2A Item No. 110-2B Clearing and Grubbing - per lump sum Remove Trees with Diameters Between 4"-6" — per each Remove Trees with Diameters Between 6"-12" — per each DS -110 SPC/ 119P/030899 Item No. 110-2C Item No. 110-3A Item No. 110-3B Remove Trees with Diameters Between 12"-18" — per each Remove Chain Link Fence — per linear foot Remove Wooden Fence — per linear foot DS -110. SPC/ 1 19P/030899 DS -110-2 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. For this Project, Grading is a Lump Sum Item for all work related to the Traffic Devices. For the Sidewalk Installation, grading shall be covered under the unit price for Sidewalk installation. 120-12 METHOD OF MEASUREMENT Method of measurement shall be lump sum for Item No. 120-1 (Traffic Devices) and shall be included in the unit cost of sidewalk installation; and shall include excavation, borrow material, hauling, placing, disposal, compacting material, 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 for Item No. 120-1 and under the unit price for sidewalk installation, price and payment shall be full compensation for performing and completing all work under Section 120 as supplemented herein. Payment shall be made under: Item No. 120-1 Grading — per lump sum DS -120 SPC/119P/030899 TIC 1111 1 SECTION NO. 160 STABLIZING 160-1 DESCRIPTION The work specified in this section shall include stabilizing the subgrade for areas within the proposed traffic calming devices where the Architect/Engineer directs the installation of a 12" stabilized subgrade. 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 F.D.O.T. Section 160 as supplemented herein and of a 12" stabilized subgrade. Price and payment for stabilized subgrade includes removal and proper disposal of existing material as determined by the Architect/Engineer. 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 for Item 200-1 and Item 200-2, which price and payment shall be full compensation for performing and completing all work under F.D.O.T. Section 200 as supplemented herein and of a limerock base primed. Price and payment for Limerock Base includes removal and proper disposal of existing material as determined by the Architect/Engineer. Payment shall be made under: Item No. 200-1 Item No. 200-2 Limerock Base, Primed (8" Thick) - per square yard Limerock Base (4 " Thick) - per square yard DS-200.SPC/119P/030899 FAQ 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 shall be added to meet required grades, shaped, and compacted to 100%. 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 required 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/030899 TIC 11 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. 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 Type S-1 Asphaltic Concrete (1'/z" Thick) - per square yard DS-331.SPC/119P/030599 DS -331-1 SECTION NO. 380 DRIVEWAY RESTORATION 380-1 DESCRIPTION The work in this section consists of restoring the driveways to the pre -construction condition at proposed grades as indicated on plans or as directed by the Engineer. 380-2 MATERIALS AND CONSTRUCTION The materials used shall conform with the Division II Construction details as follows: Limerock Base Driveways Prime and Tack Coats Hot Bituminous Mixtures Type III Asphaltic Concrete 380-3 DRIVEWAYS 380-3.1 Asphaltic Concrete Driveways Section 200 Section 286 Section 300 Section 320 and 330 Section 333 The base and asphalt construction shall be replaced in kind with a minimum of 6" limerock base. 1" asphaltic concrete shall be Type S-3. 380-3.2 Portland Cement Concrete The portland cement concrete driveways will be replaced in -kind with a minimum of 6" limerock base and with the minimum Village of Key Biscayne standards for portland cement concrete driveways. Method and materials shall be submitted to Architech/Engineer prior to installation. 380-3.3 Specialty Construction Any specialty (stamped concrete, brick pavers, tile, etc.) construction of existing driveways will be replaced in -kind with a minimum of 6" limerock base and with the minimum Village of Key Biscayne standards for specialty driveway construction. Method and materials shall be submitted to Architech/Engineer prior to installation. 380-4 METHOD OF MEASUREMENT Method of measurement shall be the number of square yards of pavement constructed. DS-380.SPC/119P/030899 rlC 10f1 1 380-5 BASIS OF PAYMENT Payment will be made at the contract unit price which includes the following: removal of existing driveway pavement, construction of pavement section, bricks, concrete, stamped concrete, tile, limerock base, prime and tack coat, and hot bituminous mixture, and other types of driveway construction. Items No. 380-1A, 380-1B and 380-1C correspond to work adjacent to Traffic Calming Devices. Items No. 380-2A, 380-2B and 380-2C correspond to work adjacent to Sidewalk Installation. For Sidewalk Installation, payment for Driveway Restoration will only be made for driveways where proposed elevations are given and do not conform with existing driveway elevation. For the majority of the project, the proposed sidewalk shall match existing driveway elevations and payment for removal of existing driveway pavement, and reconstruction of adjacent pavement sections damaged as a result of sidewalk installation, shall be covered under the unit price for Sidewalk Installation. Payment shall be made under: Item No. 380-1A Item No. 380-1B Item No. 380-1C Item No. 380-2A Item No. 380-2B Item No. 380-2C Driveway Restoration (Asphalt) (Traffic Calming) - per square yard Driveway Restoration (Concrete) (Traffic Calming) - per square yard Driveway Restoration (Specialty) (Traffic Calming) - per square yard Driveway Restoration (Asphalt) (Sidewalk Installation) - per square yard Driveway Restoration (Concrete) (Sidewalk Installation) - per square yard Driveway Restoration (Specialty) (Sidewalk Installation) - per square yard DS -3 80.SPC/ 119P1030899 DS -380-2 SECTION NO. 390 BRICK PAVERS 390-1 DESCRIPTION The work in this section consists of installing brick pavers over a prepared limerock base. The installation includes the brick pavers and sand bedding as shown on the plans and work included in this Section as supplemented. 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 For Item No. 390-1, 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. For Item No. 390-2 the quantity shall be paid for at the contract unit price per square yard for a brick 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 or as directed by Engineer. This work includes mobilization, maintenance of traffic, clearing and grubbing, and grading. Where back of new sidewalk is to match existing driveway grades, bid item for new sidewalk shall include associated driveway removal and replacement costs (as required due to damage during sidewalk installation) to match proposed construction. Elevations and Horizontal Layout of proposed sidewalk that are shown on the plans are based on information available during the design process and are to be considered approximate. The elevations are subject to field adjustment and actual elevation and sidewalk locations shall be as specified by the Engineer during construction. Construction without obtaining approval for sidewalk elevations and locations will be at the Contractor's risk. DS-390.SPC/119P1030899 nC-19n-1 Payment shall be made under: Item No. 390-1 Item No. 390-2 Brick Pavers (Traffic Calming) — per square yard Brick Paver (Sidewalks) — per square yard DS-390.SPC/ 119P/030899 DS -390-2 SECTION NO. 425 INLETS, MANHOLES AND JUNCTION BOXES 425-1 DESCRIPTION This section includes installations of inlets and manholes as shown on the plans in accordance with Section 425 - Inlets, Manholes and Junction Boxes of the FDOT Standard Specifications. Inlets shall conform to details on plans. Manholes shall conform to FDOT Indexes and shall be type P-7. Manhole Item includes all incidentals required to completely install manhole assembly including manhole cover assembly (US Foundry 170-X, Heavy Duty assembly marked "Storm" or approved equal.) Adjusting inlets shall be defined as raising or lowering the existing grate and rim to a new elevation and furnishing all materials and incidentals to complete the work . Adjusting manholes shall be defined as adjusting frame and cover to a new elevation and furnishing all materials and incidentals to complete the work. Adjusting valves boxes, fire hydrants, meter boxes, and cleanouts shall be defined as adjusting frame and cover (and replacing boxes and other accessories as required ) of structures to match proposed grades and to complete the work shown on the plans. This section shall also include modifying existing inlet structures and manholes. Modifying an existing inlet or manhole shall be defined to include modifying the structure to allow an additional pipe to be constructed into the structure and properly sealing around newly installed pipes. Converting inlets to manholes shall be defined as removing and disposing of existing inlet top concrete slab and inlet structure's top and grate, and installing new concrete structure top and manhole cover. (US Foundry 170-X, Heavy Duty assembly marked "Storm" or approved equal.) Work includes all incidentals to complete converting existing inlet to manhole at proposed grade. All work shall be in accordance with Section 425 of the FDOT Standard Specifications. METHOD OF MEASUREMENT The quantities to be paid for under this Section shall be the number of inlets installed; manholes installed; inlets, manholes, valve boxes, fire hydrants, meter boxes, and cleanouts adjusted, inlets modified and manholes modified and inlets converted to manholes, DS-425.SPC/ 119P/030899 nc A')c 1 completed and accepted by the Engineer. Item No, 425-6A refers to work required to install sidewalks. Other items correspond to all other work. 425-8 METHOD OF PAYMENT Payment shall include all items covered under this Section and be made under: Item No. 425-1 Inlets — per each Item No. 425-2 Manholes (FDOT, P -7T) — per each Item No. 425-4 Adjust Inlets — per each Item No. 425-5 Adjust Manholes — per each Item No. 425-6 Adjust Valve Boxes, Fire Hydrants, Meter Boxes, and Cleanouts — per each Item No. 425-6A Adjust Valve Boxes, Fire Hydrants, Meter Boxes, and Cleanouts — per each Item No. 425-7 Modify Inlets — per each Item No. 425-8 Modify Manholes (Drainage) — per each Item No. 425-9 Convert Inlet to Manhole — per each New manholes and inlet unit prices shall include those structures that require breaking existing pipes and constructing a manhole or inlet over an existing pipe, connecting new structure to existing pipe, grouting openings, and all other materials and incidentals to complete the work. DS-425.SPC/119P/030899 SECTION NO. 430 PIPE CULVERTS AND STORM SEWERS 430-1 DESCRIPTION The work in this section consists of installing High Density (HDPE) storm sewer. Pipe joints and connections shall be silt -tight. 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 areas where muck is encountered shall be two (2) feet deep of additional ballast rock as directed by the Engineer. No muck was encountered on the borings, so this item may not be utilized at all. 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. Backfilling per requirements shown on plan detail for "Roadway Restoration" shall be included in price for pipe. 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. Contractor shall be responsible for disposal of asphalt, excess and unsuitable DS-430.SPC/119P/030899 ['IC i1 111 1 materials, site cleanup and restoration under this section. 430-12 METHOD OF MEASUREMENT Storm Sewer Pipe - The number of lineal feet of storm sewer pipe laid and backfilled. Additional Bedding - The number of lineal feet of storm sewer pipe installed over unsuitable materials as directed by the Engineer. The Engineer shall be made aware of unsuitable materials during construction to qualify for compensation. 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 (Approved by Engineer is a prerequisite) DS -430 SPC/119P/030899 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 All Concrete covered under this section shall be "Key Coral" colored (color must match Key Biscayne's Existing Colored Concrete) concrete and shall meet or exceed F.D.O.T. Class I Concrete Specification (Section 345) requirements. 520-3 METHOD OF MEASUREMENT A. Type "E" Concrete Curb and Gutter: The number of lineal feet of curb and gutter completed. B. Type "E" Curb and Gutter (Reinforced): The number of lineal feet of curb and gutter completed. C. Type "E" Curb and Gutter (Modified): The number of lineal feet of curb and gutter completed. D. Type "D" Concrete Curb: The number of lineal feet of curb completed. E. Concrete Bands (Roadway) - The number of lineal feet of concrete bands completed. F. Concrete Band (6" for Sidewalks) - The number of lineal feet of concrete bands completed. 520-4 BASIS OF PAYMENT The quantity of concrete curb and gutter, and concrete bands shall be paid at the contract price per linear foot. This 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 520 as supplemented herein. Payment shall be made under: Item No. 520-1A Item No. 520-1B Type "E" Concrete Curb and Gutter - per linear foot Type "E" Concrete Curb and Gutter (Reinforced) - per linear foot DS-520.SPC/119P/030899 Tlc C7n 1 Item No. 520-1C Item No. 520-1D Item No. 520-1E Item No. 520-1F Type "E" Concrete Curb and Gutter (Modified) - per linear foot Type "D" Curb — per linear foot Concrete Band (Roadway) (Colored) - per linear foot Concrete Band (6" for Sidewalk) - per linear foot DS-520.SPC/ 119P/030899 1-1C Gin ') 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. Elevations and Horizontal Layout of proposed sidewalk that are shown on the plans are based on information available during the design process and are to be considered approximate. The elevations are subject to field adjustment and actual elevation and sidewalk locations shall be as specified by the Engineer during construction. Construction without obtaining approval for sidewalk elevations and locations will be at the Contractor's risk. 522-2 MATERIALS All Concrete covered under this section shall be "Key Coral" colored (color must match Key Biscayne's Existing Colored Concrete) concrete and shall meet or exceed F.D.O.T. Class I Concrete Specification (Section 345) requirements. 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 or as directed by Engineer. This work includes mobilization, maintenance of traffic, clearing and grubbing, and grading. Where back of new sidewalk is to match existing driveway grades, bid item for new sidewalk shall include associated driveway removal and replacement costs (due to damage to driveway during sidewalk installation) to match proposed construction. Payment shall be made under: Item No. 522-1 Item No. 522-2 Concrete Sidewalk, 4" Thick - per square yard Concrete Sidewalk, 6" Thick - per square yard DS-522.SPC/030899 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. Item No. 575- 1 includes Sodding required for area adjacent to Traffic Calming Devices and Item No. 575- 2 includes Sodding required for areas adjacent to sidewalks. 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 Item No. 575-2 Sodding (Traffic Calming) — per square yard Sodding (Sidewalks) — per square yard DS-575.SPC/119P1030599 r1 .Z-7c 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 under the maintenance of traffic section. 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. A single sign is considered as one post with one or more panels. 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/119P/030899 DS -700-1 SECTION NO. 706 REFLECTIVE PAVEMENT MARKERS 706-1 DESCRIPTION The work specified in this section includes installing the reflective pavement markers in accordance with the plans. The work shall be in accordance with Section 706 - Reflective Pavement Markers, of the FDOT Standard Specifications. 706-2 METHOD OF MEASUREMENT Reflect pavement markers shall be paid by the number of markers complete. 700-3 BASIS OF PAYMENT The quantity of reflective pavement markers shall be paid at the contract price per each, which price and payment shall be full compensation for performing and completing reflective pavement markers. Payment shall be made under: Item No. 706-1 Reflective Pavement Markers - per each DS-706.SPC/ 119P1030899 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/030899 DS -711-1 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/ l 19P/030599 DS -94R- 1 Williams, Hatfield E Stoner, Inc. Engineers • Planners • Surveyors • Environmental Scientists 1 /s SINCE 1958 4601 Ponce de Leon Boulevard, Suite 220 Coral Gables, Flonda 33146 Telephone (305) 663-5777 Fax (305) 663-5781 wwwwhs- inc com FAX MEMO To: All Bidders From: Andrew Kacer Date: March 12, 1999 Project: Traffic Calming Improvements and Sidewalks Project ADDENDUM No. 1 Attachments P-3, P-4, P-5 and P-6 replace these same pages in the original documents. Also, the Engineer's Construction Cost Estimates are as follows: Base Bid Base Bid + Alternate 1 Base Bid + Alternate 1 + Alternate 3 Base Bid + Alternate 2 Base Bid + Alternate 2 + Alternate 3 = $ 342,430.00 = $ 479,540.00 = $ 501,040.00 = $ 549,000.00 = $ 570,500.00 We will transmit the Pre -Bid Minutes to Bidders early next week. Other than noted herein no other changes are made to the Traffic Calming Improvements and Sidewalks Project. This Addendum with Contractors Authorized Representative's Signature or an acknowledgement must be returned with your bid. AUTHORIZED SIGNATURE CONTRACTOR NAME SCHEDULE OF BID ITEMS Item No. Description Unit Estimated Quantity Unit Cost Total Traffic Calming Improvements and Sidewalks Project 100-1 Allowance Account LS 1 $10,000.00 $10,000.00 101-1 Mobilization (Traffic Calming) LS 1 101-2 Indemnification LS 1 $25.00 $25.00 101-3 Performance and Payment Guaranty & Insurance LS 1 $8,600.00 $8,600.00 102-1 Maintenance of Traffic (Traffic Calming) LS 1 110-1 Clearing and Grubbing (Traffic Calming) LS 1 120-1 Grading (Traffic Calming) LS 1 160-4 12" Stabilized Subgrade SY 1000 200-1 Limerock Base, Primed (8" Thick) SY 1000 210-1 Reworking Limerock Base SY 3550 331-1 Type S-1 Asphaltic Concrete (1-'/z' Thick) SY 1750 380-1A Driveway Restoration (Asphalt) (Traffic Calming) SY 380 380-1B Driveway Restoration (Concrete) (Traffic Calming) SY 100 380 -IC Driveway Restoration (Specialty) (Traffic Calming) SY 300 390-1 Brick Pavers (Traffic Calming) SY 1800 425-1 Inlets EA 12 425-2 Manholes EA 3 425-4 Adjust Inlets EA 2 425-5 Adjust Manholes EA 14 425-6 Adjust Valve Boxes, Fire Hydrants, Meter Boxes and Cleanouts EA 16 425-7 Modify Inlets EA 5 425-8 Modify Manholes EA 2 425-9 Convert Inlet to Manhole EA 8 430-1A Storm Sewer Pipe (15" HDPE) LF 150 430-1B Storm Sewer Pipe (18" HDPE) LF 50 430-2 Additional Bedding LF 50 4955\bidrelated\bidestimate I .doc031299 P-3 SCHEDULE OF BID ITEMS Item No. Description Unit Estimated Quantity Unit Cost Total 520 -IA Type "E" Concrete Curb and Gutter LF 130 520-1B Type "E" Concrete Curb and Gutter (Reinforced) LF 750 520-1C Type "E" Concrete Curb and Gutter (Modified) LF 85 520-1D Type "D" Curb LF 370 520-1E Concrete Band (Roadway) (Colored) LF 1100 575-1 Sodding (Traffic Calming) SY 2800 700-1 Traffic Signs (Permanent) EA 55 706-1 Reflective Pavement Markers EA 100 711-1 Thermoplastic Marking SF 200 948-1A 4" Schedule 40 PVC Pipe LF 200 Total Base Bid Alternate No. 1 110-3A Remove Chain Link Fence (Sidewalks) LF 0 110-3B Remove Wooden Fence (Sidewalks) LF 260 380-2A Driveway Restoration (Asphalt) (Sidewalk Installation) SY 100 380-2B Driveway Restoration (Concrete) (Sidewalk Installation) SY 30 380-2C Driveway Restoration (Specialty) (Sidewalk Installation) SY 160 425-6A Adjust Valve Boxes, Fire Hydrants, Meter Boxes and Cleanouts EA 55 520-2D Type `D" Curb LF 150 522-1 Concrete Sidewalk, 4" Thick SY 2650 522-2 Concrete Sidewalk, 6" Thick SY 240 575-2 Sodding (Sidewalks) SY 1700 Total Alternate No.1 Alternate No. 2 110-3A Remove Chain Link Fence (Sidewalks) LF 0 4955\bidrelated\bidestimate 1.doc031299 P-4 SCHEDULE OF BID 11 bMS Item No. Description Unit Estimated Quantity Unit Cost Total 110-3B Remove Wooden Fence (Sidewalks) LF 260 200-2 Limerock Base (4" Thick) SY 2300 380-2A Driveway Restoration (Asphalt) (Sidewalk Installation) SY 100 380-2B Driveway Restoration (Concrete) (Sidewalk Installation) SY 30 380-2C Driveway Restoration (Specialty) (Sidewalk Installation) SY 160 390-2 Brick Pavers (Sidewalks) SY 2300 425-6A Adjust Valve Boxes, Fire Hydrants, Meter Boxes and Cleanouts EA 55 520-1F Concrete Band (6" for Sidewalk) LF 10,000 520-2D Type `D' Curb LF 150 575-2 Sodding (Sidewalks) SY 1,700 Total Alternate No. 2 Alternate No. 3 110-2A Remove Trees with Diameters Between 4" - 6" EA 35 110-2B Remove Trees with Diameters Between 6" - 12" EA 15 110-2C Remove Trees with Diameters Between 12" - 18" EA 5 Total Alternate No. 3 Base Bid Base Bid + Alternate No. 1 Base Bid + Alternate No. 1 + Alternate 3 Base Bid + Alternate No. 2 Base Bid + Alternate No. 2+ Alternate No. 3 4955\bidrelated\bidestimate 1.doc031299 P-5 Note 1: 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 visit is confirmed below. Note 2: The Village of Key Biscayne may decide to do the additional work described under the Alternates if funding is available. The Contractor must bid on these alternatives in the event the Village makes fund available to complete this additional work. Award may be based on the base bid or the base bid plus any combinations of alternates the Village desires to select. The Village reserves the right to award any of the additive alternates or no alternates as it desires. The additive alternates will be performed by the same Contractor as the base bid. CONTRACTOR'S REPRESENTATIVE 4955\bidrelated\bidestimate 1.doc031299 P-6 WILLIAMS, HATFIEL .i & STONER, INC. Engineers • Planners • Survey • Environmental Scientists 4601 Ponce de Leon Blvd., Suite 220 Coral Gables, Florida 33146 Phone: (305) 663-5777 Fax: (305) 663-5781 FAX MEMO TO: All Bidders FROM: Andrew Kacer, P.E. DATE: March 15, 1999 PROJECT: Traffic Calming Improvements and Sidewalks Project ADDENDUM NO. 2 Attached is a list of the Firms that attended the mandatory pre -bid conference for the above referenced project. Below is a list of items that shall be considered as included in the Contract for the above referenced project and supercede any conflicting requirements within the original documents. 1.) Dimensions of all proposed curbing are as shown on sheet C-16 of the project plan sheets. 2.) The lump sum bid prices for items 101-1, 102-1, 110-1, and 120-1 shall be adjusted at the completion of the project by a factor of the summation of the actual fees earned for all the unit price base bid items over the summation of the original contract amounts for all the unit price base bid items (for the Traffic Calming portion of the project only). 3.) Contractor shall stake proposed construction (Traffic Calming and Sidewalks) and obtain Engineer's approval prior to new construction. Contractor shall make adjustments and/or changes to layout as noted by Engineer at no additional cost to Contract. There shall be no additional compensation for time or expenses included in carrying out the above mentioned requirements of this Contract. Other than noted herein and in Addenum No.1, no other changes are made to the Traffic Calming Improvements and Sidewalks Project. This Addendum with Contractors Authorized Representative's Signature or an acknowledgement must be returned with your bid. AUTHORIZED SIGNATURE CONTRACTORS NAME AK/j ac A.K. IF YOU DO NOT RECEIVE ALL OF THE ABOVE INFORMATION PLEASE CALL (305) 663-5777 Ar rn..n✓o Ndeliz .365 77-(7 Mandatory Pre -Bid Conference Project: Client: Company 4955.00 Village of Key Biscayne Traffic Calming Improvements and Sidewalks Project M.E.F. Construction, Inc. Homestead Concrete Mastec, N.A. HiTech Concrete Horizon Contractors, Inc. P.N.M Corp. Company Representative Miguel Ocana Alfredo Cordero Gus Cabrera Jose Miranda Richard Cabrera Juan C. Toledo Phone 305-461-0603 305-248-9649 305-796-5559 305-559-4405 305-828-2050 35-634-3135 Fax 305-461-0660 305-248-9650 305-594-5726 305-884-1023 305-820-0905 305-638-8275 WILLIAMS, HATFLEIL & STONER, INC. Engineers • Planners • Survey • Environmental Scientists 4601 Ponce de Leon Blvd., Suite 220 Coral Gables, Florida 33146 Phone: (305) 663-5777 Fax: (305) 663-5781 FAX MEMO TO: All Bidders FROM: Andrew Kacer, P.E. DATE: March 18, 1999 PROJECT: Traffic Calming Improvements and Sidewalks Project ADDENDUM NO. 3 The following two items shall be considered as included in the Contract for the above referenced project and supercede any conflicting requirements within the original documents. 1.) For Alternates 1, 2, and 3, the Contractor's costs for "Performance and Payment Guaranty and Insurance" shall be included in the unit prices of the items in these alternates. There shall be no separate payment for the "Performance and Payment Guaranty and Insurance" for Alternates 1, 2, and 3. 2.) The attached Payment Bond shall be executed by the Contractor within ten (10) days after written notice of award has been received. Other than noted herein and in Addendums No.1 and No. 2, no other changes are made to the Traffic Calming Improvements and Sidewalks Project. This Addendum with Contractors Authorized Representative's Signature or an acknowledgement must be returned with your bid. AUTHORIZED SIGNATURE CONTRACTORS NAME AK/j ac A.K. IF YOU DO NOT RECEIVE ALL OF THE ABOVE INFORMATION PLEASE CALL (305) 663-5777 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That we , as Principal, hereinafter called Contractor and , as Surety, are bound to the Village of Key Biscayne, Florida. hereinafter called Village in the amount of Dollars ($ J for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally. WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No,: , awarded the day of , 19 , with Village for in accordance with the Contract Documents prepared by which Contract Documents are by reference made a part hereof, and for the purposes of this Bond are hereafter referred to as the "Contract"; TILE CONDITION OF THIS BOND is that if Contractor: 1. Pays Village all losses, damages, expenses, costs and attorney's fees, including appellate proceedings, that Village sustains because of default by Contractor under the Contract; and 2. Promptly makes payments to all claimants as defined by Section 255,05(1), Florida Statutes, for all labor, materials and supplies used directly or indirectly by Contractor in the performance of the Contract; THEN CONTRACTOR'S OBLIGATION SHALL 13E VOID; OTHERWISE, IT SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO THE FOLLOWING CONDITIONS: 2.1. A claimant, except a laborer, who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish to Contractor a notice than he intends to look to the bond for protection. 2.2 A claimant who is not in privity with Contractor and who has not received payment for its labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after complete delivery of the materials or supplies, deliver to Contractor and to the Surety, written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment, 2.3. No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless the notices stated under the preceding conditions (2.1) and (2.2) have been given. 2.4. Any action under this Bond must be instituted in accordance with the Notice and time Limitations provisions prescribed in Section 255.05(2), Florida Statutes. the Surety hereby waives notice of and agrees that 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 the Surety's obligation under this Bond. Signed and sealed this day of , 19_. CONTRACTOR: WITNESSES: (Name of Corporation) By: (Signature and Title) (CORPORATE SEAL) (Type Name and Title) 2 TN THE PRESENCE OF: SURETY COMPANY: By: _ (Power -of -Attorney to be attached) Address: (Street) (City/State/Zip Code) Telephone No.: Registered Florida Agent 3 n WILLIAMS, HATF'IELL & STONER, INC. Engineers • Planners • Survey • Environmental Scientists 4601 Ponce de Leon Blvd., Suite 220 Coral Gables, Florida 33146 Phone: (305) 663-5777 Fax: (305) 663-5781 FAX MEMO TO: All Bidders FROM: Andrew Kacer, P.E. DATE: March 19, 1999 PROJECT: Traffic Calming Improvements and Sidewalks Project ADDENDUM NO. 4 Replace page DS -520-2 in the original documents with the attached revised page DS -520-2. Other than noted herein and in Addendums No.1, No. 2, and No. 3; no other changes are made to the Traffic Calming Improvements and Sidewalks Project. This Addendum with Contractors Authorized Representative's Signature or an acknowledgement must be returned with your bid. AUTHORIZED SIGNATURE CONTRACTORS NAME AK/j ac A.K. IF YOU DO NOT RECEIVE ALL OF THE ABOVE INFORMATION PLEASE CALL (305) 663-5777 Item No. 520-1C Item No. 520-1D Item No. 520-2D Item No. 520-1E Item No. 520-1F Type "E" Concrete Curb and Gutter (Modified) - per linear foot Type "D" Curb — per linear foot Type "D" Curb — per linear foot Concrete Band (Roadway) (Colored) - per linear foot Concrete Band (6" for Sidewalk) - per linear foot DS-520.SPC/ 119P/031999 DS -520-2