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Resolution_07-00/01_11/16/2000
RESOLUTION NO. 7-00/O1 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING THE BID AWARD FOR THE CONSTRUCTION OF MAIN STREET (TEQUESTA DRIVE TO BRIDGE ROAD), TEQUESTA VILLAGE CENTER, TO ROSSO PAVING, OF WEST PALM BEACH, FLORIDA, IN THE AMOUNT OF $163,524.65, WITH FUNDS BEING APPROPRIATED FROM THE CAPITAL PROJECTS FUND ACCOUNT, HAVING A FY 2000/2001 BUDGET ALLOCATION OF $112,000, THE STORMWATER UTILITIES CAPITAL FUND HAVING A FY 2000/2001 BUDGET ALLOCATION OF $90,000, AND THE GENERAL FUND RESERVES HAVING AN ALLOCATION OF $216,401, AND AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE APPLICABLE CONTRACT ON BEHALF OF THE VILLAGE. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Contract Proposal For the Construction of Main Street (Tequesta Drive to Bridge Road), Tequesta Village Center, by Rosso Paving of West Palm Beach, Florida, Attached Hereto as Exhibit "A" and incorporated by reference as a part of this Resolution is hereby approved and the Village Manager of the Village of Tequesta is authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember Schauex' who moved its adoption. The motion was seconded by Councilmember Walker and upon being but to a vote, the vote was as follows: • FOR ADOPTION AGAINST ADOPTION Joseph N. Capretta Geraldine A. Genco Elizabeth A. Schauer Sharon D. Walker Basil E. Dalack The Mayor passed and 2000. thereupon declared the Resolution duly adopted this 16th day of November, A.D., YOR OF TEQUESTA Jo ph N. Capret~/ • ATTEST: ~~~~~ ~ o~ Joann Mangan'ello Village Clerk MyDocuments\Resolutions\Main Street Construction • .t Z' ~1lcaslcr .~ ~Icc~~cirtc~ CONSULTING ENGINEERS 1 121 1 Prosperity Farms Rd. , Suite C-301, Palm Beach Gardens, Florida 33410 Phone (5611 627-2226 Fax [5611 624-1569 November 8, 2000 Ms. Joann Manganeillo Assistant Village Manager Village of Tequesta 250 Tequesta Drive, Suite 300 Tequesta, FL 33469 Re: Main Street Bids Dear Joann: Attached please find the tabulations of the bids received for the construction of Main Street. • After a review of the bids, it was determined that Rosso Paving & Drainage Company submitted the lowest bid. Additionally, Rosso has complied with all of the requirements as stated in the invitation to bid. Please note that in the American Engineering Bid there was no bid for Irrigation under the Landscaping Alternate Bid section. American called us in advance of their bid submittal and indicated that they would not be able to submit the bid due to the lack of the an irrigation quote. We asked that they submit the bid without the irrigation quote. Therefore, we cannot disqualify their bid as insufficient. The question is moot as Rosso was the overall lowest bidder. We therefore recommend to the Village that Rosso Paving & Drainage be selected as the contractor to complete the construction of Main Street. The following is a summation of their bid: 1. Base bid $161,517.10 2. Alternate (Landscaping) $160,586.40 Pursuant to your request, we have made certain changes to the bid in order to comply with the financial needs of the Village. The following bid deletes the Water Distribution item and the Landscaping Alternate from the bid. The revised bid does include the • installation of the required irrigation and electrical sleeves. Manganiello • November 8, 2000 Page 2 1. Base Bid a. Engineering Items b. Earth/Site Work c. Paving d. Storm Drainage e. Water Distribution f. Elec./Irrig. Sleeve Install 2. Landscaping (Alternate) Revised Bid Total $ 22,606.00 $ 12,093.75 $103,065.10* $ 16,453.80 (deleted) $ 9,306.00 deleted $163,524.65 *Adjustment to unit price for 8" base material versus 6 '/z" base material. If you have questions, please call me at your convenience. Sincerely, MESSLER & ASSOCIATES CONSULTING ENGINEERS • Z-~ Timothy J. Messler, P.E. President EXHIBIT A MainStbidCOMP.xIs PROPOSED MAIN STREET VILLAGE OF TEQUESTA BID FORMS -OCTOBER 2000 PAGE 1 OF 3 ITEM ROS30 PAVINGBbDRAINAGE AMERICAN EN G 86 DEV. CORD NUMBER DESCRIPTION QNTY BID QNTY BID 1 ENGINEERING ITEMS 1.01 PYM'T & PERF. BOND 1 $5,500.00 1 $2,460.00 1.02 MOBILIZATION 1 $9,518.00 1 $25,440.00 1.03 CONSTRUCTION STAKING 1 $6,688.00 1 $8,985.00 1.04 MAINT. OF TRAFFIC 1 $900.00 1 $10,755.00 SUBTOTAL $22,606.00 $47,640.00 2 EARTH/SITE WORK 2.01 CLEARING & ASPH. REMOVAL 2483 $8,814.65 2755 $7,163.00 2.02 SITE FILL 977 $2,247.10 53 $2,252.50 2.03 UTILITY SLEEVES 4" PVC 240 $1,032.00 360 $3,438.00 SUBTOTAL $12,093.75 $12,853.50 3 PAVING 3.01 STABIL. SUBGRADE TYPE C 2365 $5,321.25 2458 $7,005.30 3.02 8" LIMEROCK 1772 $17,985.80 2341 $26,102.15 3.03 1 1/2" TYPE S-3 ACSC 1772 $12,581.20 1820 $16,107.00 3.04 TYPE 'D' CURB 605 $6,050.00 995 $16,218.50 3.05 TYPE 'F' CURB 520 $7,904.00 815 $17,930.00 3.06 CONC. SDWK. 4"THICK 45 $1,539.00 135 $6,912.00 3.07 CONC. WHEEL STOPS 22 $326.70 41 $615.00 3.08 PAVER BRICK 582 $23,018.10 467 $18,026.20 3.09 SIGNS & PAVT. MARKINGS LS $1,012.00 1 $700.00 3.1 SOLID SOD 223 $2,564.50 400 $1,880.00 3.11 CONCRETE PAVING 467 $18,516.55 480 $21,216.00 3.12 8"x12" CONC. HEADER CURB 347 $6,246.00 890 $15,708.50 SUBTOTAL $103,065.10 $148,420.65 4 STORM DRAINAGE 4.01 TYPE 'C' INLET 3 $4,521.00 4 $7,900.00 4.02 15" RCP 334 $8,082.80 334 $13,026.00 4.03 EXFILTRATION TRENCH 6'x4' 50 $3,300.00 50 $3,600.00 4.04 CONNECT TO EXISTING 1 $550.00 1 $4,015.00 SUBTOTAL $16,453.80 $28,541.00 5 WATER DISTRIBUTION 5.01 6" DIP WATER MAIN 36 $1,980.00 45 $4,410.00 5.02 DIMJ FITTINGS 0.1375 $756.25 0.2000 $1,753.00 5.03 10"x6" TAP. SLEEVE & VALVE 0 $0.00 0 $0.00 5.04 FIRE HYDRANT ASSEMBLY 1 $4,400.00 1 $2,675.00 5.05 CONNECT TO EXISTING 1 $2,200.00 1 $2,095.00 SUBTOTAL $9,336.25 $10,933.00 TOTAL CONTRACT $163,554.90 $248,388.15 Page 1 MainStbidCOMP.xIs • • • PROPOSED MAIN STREET VILLAGE OF TEQUESTA LANDSCAPE BID FORMS -OCTOBER 2000 PAGE 2 OF 3 ITEM ROSSO PA VING 8s DRAINAGE AMERICAN ENG. 8~ DEV CO NUMBER DESCRIPTION QNTY BID QNTY BID L LANDSCAPE ITEMS PLANT MATERIAL L.01 QUERCUS VIRGINIANA LIVE OAK 10 $11,176.00 10 $16,700.00 L.02 ROYSTONEA ELATA ROYAL PALM 12 $12,070.20 12 $21,060.00 L.03 ANNUAL SEASONAL COLOR 490 $833.00 490 $686.00 L.04 CRINUM ASIATICUM CRINUM LILY 25 $1,397.50 25 $1,415.00 L.05 LIRIOLPE M. "EVERGREEN GIANT" 270 $1,215.00 270 $918.00 L.06 PHILODENDRON "ZANADU" DWARF PHILODENDRON 389 $4,356.80 389 $5,290.40 L.07 MULCH INCLUDED INCLUDED INCLUDED INCLUDED L.08 TOP SOIL INCLUDED INCLUDED INCLUDED INCLUDED L.09 SOIL AMENITIES INCLUDED INCLUDED INCLUDED INCLUDED L.10 TREE STAKING INCLUDED INCLUDED INCLUDED INCLUDED SUBTOTAL $31,048.50 $46,069.40 LANDSCAPE MISC $1,200.00 L.11 IRRIGATION PACKAGE PACKAGE $18,330.00 NO BID NO BID L.12 SOD 2000SF $2,600.00 2000SF $2,300.00 SUBTOTAL $20,930.00 $3,500.00 SP LIGHTS SP.01 12' LIGHT POST 23 $86,422.50 23 $87,745.00 SP.02 WELL LIGHT 12 $16,898.40 12 $17,160.00 SUBTOTAL $103,320.90 $104,905.00 SITE FURNITURE SP.03 8' BENCH 2 $2,950.00 2 $3,780.00 SP.04 TRASH RECEPTICALE 2 $2,337.00 2 $3,340.00 SUBTOTAL $5,287.00 $7,120.00 TOTAL CONTRACT $160,586.40 0 $161,594.40 *NO IRRIGATION PACKAGE INC. Page 1 MainSthirlC(~MP xls • • PROPOSED MAIN STREET VILLAGE OF TEQUESTA BID FORMS -OCTOBER 2000 PAGE 3 OF 3 SECTION COMPL IANCE NUMBER DESCRIPTION RUSSO AMERICAN 8 NON-COLLUSION AFFIDAVIT X X 9 BID BOND X X 10 QUALIFICATIONS STATEMENT X X 11 PERFORMANCE BOND N/A N/A 12 PAYMENT BOND N/A N/A Page 1 ~ CONTRACT DOCUMENTS FOR: CONSTRUCTION OF MAIN STREET AND THE INSTALLATION OF THE ASSOCIATED UTILITIES TEQUESTA VILLAGE CENTER OWNER: • VILLAGE OF TEQUESTA 250 Tequesta Drive, Suite 300, Tequesta, FL 33469 ENGINEER: MESSLER & ASSOCIATES 11211 Prosperity Farms Road, Suite C-301, Palm Beach Gardens, FL 33410 DATE: October 10, 2000 C~ CONTRACT DOCUMENTS TABLE OF CONTENTS SECTION 1 - INVITATION FOR BIDS SECTION 2 - INSTRUCTIONS TO BIDDERS SECTION 3 - AGREEMENT SECTION 4 - GENERAL CONDITIONS SECTION 5 - SPECIAL CONDITIONS SECTION 6 - TECHNICAL SPECIFICATIONS SECTION 7 - BID FORMS SECTION 8 - FORM OF NON-COLLUSION AFFIDAVIT OF PRIME BIDDERS SECTION 9 - FORM OF BID BOND SECTION 10 -STATEMENT OF BIDDERS QUALIFICATIONS SECTION 11 -FORM OF PERFORMANCE BOND SECTION 12 -FORM OF PAYMENT BOND SECTION 13 -LIST OF DRAWINGS 1. Cover Sheet 2. Demolition Plan 3. Horizontal Control, Paving, Grading and Drainage 4. Drainage Details 5. Water Distribution Details SECTION 14 -CERTIFICATES OF INSURANCE SECTION 15 -ADDENDA .SECTION 1 INVITATION FOR BIDS C • INVITATION FOR BIDS FOR CO1rTSTRUCTION OF MAIN STREET AND THE INSTALLATION OF THE ASSOCIATED UTILITIES TEQUESTA VILLAGE CENTER VILLAGE OF TEQUESTA, FLORIDA Sealed bids for the construction of Main Street-and the associated utilities to be located at the proposed Tequesta Village Center, Tequesta, Florida, will be received by MESSLER & ASSOCIATES at 11211 Prosperity Farms Road, Suite C-301, Palm Beach Gardens, Florida, 33410, at 2.00 P M local time on Monday, October 30. 2000. A MANDATORY pre-bid meeting and an inspection of the proposed project site will be held at 10.00 A M local time fYlo` Qy , C~ e-tv b~ ~ ~3_, ~~~ G Contract Documents, including construction drawings and technical specifications will be available October 16. 2.000 and may be examined at the offices of MESSLER & ASSOCIATES located at 11211 Prosperity Farms Road, Suite C-301, Palm Beach Gardens, Florida, 33410. The non-refundable price for each set of the Contract Documents is $50.00 certified check or cash. Addenda, when issued, will be provided to all those who obtain complete sets of the Contract Documents. • A certified check or a satisfactory Bid Bond executed by the Bidder, and an acceptable surety in an amount equal to ten (10%~percent of the Bid total shall be submitted with each Bid. VILLAGE OF TEQUESTA reserves the right to reject any or all Bids and/or to waive any informalities in the Bidding process. VILLAGE OF TEQUESTA reserves the right to determine the actual start-date of the construction work at the Tequesta Village Center. It is anticipated that construction may start on or before December, 2000 and be completed by February 16, 2001. Bids may be held by VILLAGE OF TEQUESTA for a period not to exceed thi 30 davs from the date of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of the Bidders, prior to awarding the Contract. No Bidder may withdraw his Bid within this period. FOR: VILLAGE OF TEQUESTA • Michael R. Couzzo, Jr. Village Manager • ~ SECTION 2 INSTRUCTIONS TO BIDDERS • • INSTRUCTION TO BIDDERS 1.0 DEFINED TERMS Terms used in these Instructions to Bidders, which aze defined in the General Conditions of the Project Manual, have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to the OWNER as distinct from asub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the most qualified, responsible Bidder to whom the OWNER (on the basis of the OWNER'S evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Invitation For Bids, Instructions to Bidders, Agreement, General Conditions, Special Conditions, Technical Specifications, Performance Bond, Payment bond, Certificates of Insurance, Drawings, and all Addenda issued prior to receipt of Bids. Other terms used in The Bidding Documents and not defined elsewhere have the following meanings which aze applicable to both the singular and plural thereof: OWNER: Village of Tequesta 250 Tequesta Drive, Suite 300 Tequesta, FL 33469 Phone: 561-575-6200 • ENGINEER: Messler & Associates 11211 Prosperity Farms Road, Suite C-301 Palm Beach Gardens, FL 33410 Phone: 561-627-2226 2.0 QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the Work, each Bidder must submit the Statement of Bidders Qualifications with his Bid as written evidence that the Bidder is financially qualified, has previous experience with similar projects, and is licensed and qualified to do business in Palm Beach County and the State of Florida. The OWNER may make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the OWNER all such information as the OWNER may request. The OWNER reserves the right to reject any proposal or Bid if the evidence submitted by or investigation of such Bidder fails to satisfy the OWNER'S sole discretion that such Bidder is properly qualified to carry out the obligations of the contract and to complete the Work contemplated therein, or has failed to properly perform or complete on time any contract. 3.0 COPIES OF BIDDING DOCUMENTS A Complete sets of the Bidding Documents may be obtained from the OWNER for the non-refundable sum as stated in the Invitation For Bids. • • Page 2 B. Complete sets of Bidding,Documents must 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. C. OWNER and ENGINEER in making copies of the Bidding Documents available on the above terms, are distributing copies for the purpose of obtaining Bids on the Work only, and do not confer a license or grant for any other use. 4.0 RECEIPT AND OPENING OF BID A. All Bids shall be submitted in sealed, opaque envelopes clearly labeled "Bid Documents" along with the name, address and telephone number of the Bidder, and the Contract Document Set Number. B. The time scheduled for the receipt of Bids shall be in accordance with the Invitation For Bids. After the Bids have been examined, the results may be made public; but until the actual award and execution of a contract, the OWNER reserves all its rights to the rejection of any and/or all Bids. 5.0 PREPARATION OF BID PROPOSALS The proposal forms for the contract are included in the Contract Documents. The Bidder is required to use the forms and submit his unit prices for all work on the enclosed forms that shall complete the proposal and be sealed and intact to the OWNER 'All blank spaces must be filled in as noted in ink. Proposals must give the prices proposed both in words and figures with amounts extended and totaled where required. No changes shall be made in the forms or any of the contract documents. Erasures and other changes in the Bid must be explained or noted over the signature of the Bidder. In the event of any discrepancy between the written amounts and the figures, the written amounts shall govern. Landscape item as designated on bid form shall be itemized as an "Add Alternate". The Bidder shall sign his proposal in the blank space provided for this purpose. If the proposal is made by a partnership or corporation, the name and address of the partnership or corporation shall be indicated, together with the names and addresses of the partners or officers. If the proposal is made by a partnership, it must be acknowledged by one of the partners; if by a corporation, by one of the officers. Bidders shall furnish with their Bid proposals the following Bid proposal Documents: • Statement of Bidders Qualifications. • Form ofNon-Collusion Affidavit of Prime Bidders. • Certified check or Bid Bond in the form required. • Certificate of Surety. • Certificate of Insurance. . • Copy of Workers Compensation coverage • Copy of Contractor's License • Page 3 - Copy of Palm Beach County Occupational License. - Unit Price Bid Form. 6.0 OBLIGATION OF BIDDER At the time of the Bid opening, each Bidder will be presumed to have thoroughly and completely inspected the site of the Work, to have read and to be thoroughly familiar with the Bidding Documents (including any addenda). The failure or the omission of any Bidder to receive or examine any form, instrument, or document shall in no way relieve any Bidder from any obligation in respect to his Bid. Each Bidder must be fully informed of the conditions relating to the State of Florida construction and labor laws under which the Work will be performed. Failure to do so will not relieve a successful Bidder of his obligations to furnish all material, labor, equipment and supervision necessary to carry out the provisions of the Contract Documents, and to complete the contemplated Work for the consideration set forth ~ his bid. Insofar as is possible, the CONTRACTOR in the carrying out of his Work, must employ such methods or means as will not cause any interruption of or interference with the daily operation of the existing commercial establishments at the site, or vehicular and pedestrian traffic, or other contractors, or the safety or convenience of the public. • 7.0 BID SECURITY Each proposal must be accompanied by a certified check, or bid bond duly executed by the Bidder as principal, and having a surety thereon an approved surety, in an amount equal to at least ten (10%) percent of the total amount of each bid, as a guarantee that in case a contract is awarded to the Bidder, he will execute such contract and furnish a satisfactory Performance Bond. The check shall be made payable to the OWNER. The Bid Bond shall be in the specimen enclosed herein. The surety on the Bid must be a corporate surety licensed to transact business in the State of Florida, and acceptable to the OWNER. Deposits accompanying Bids shall be sealed in the Bid Proposal envelope. 8.0 CERTIFICATE OF SURETY Each Bidder shall furnish a Certificate of Surety with his proposal evidencing that it has ,the present and continued ability to obtain the required Performance Bond and Payment Bond in the event he is awarded a Contract. • • Page 4 9.0 CERTIFICATE OF INSURANCE Each Bidder shall furnish a Certificate of Insurance with his proposal evidencing that it has the present and continued ability to obtain the required insurance in the event he is awarded a Contract. •~ 10.0 SUBMISSION OF BIDS Proposals must be submitted no later than the time specified in the Invitation For Bids, unless the time for the opening of proposal has been postponed by the OWNER. 11.0 SUBCONTRACTORS CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms.. and conditions of the Contract Documents for the benefit of the OWNER. CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors, and of persons and organizations duectly or indirectly employed by them, and of any persons or organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed • by him. The Bidder is specifically advised that any person, firm or other party whom it is proposed to awazd a subcontract under this contract must be acceptable to the OWNER and that approval of the proposed subcontract awazd can not be given by the OWNER unless and until the successful Bidder submits all information and evidence to the OWNER regazding the proposed subcontractor. 12.0 WITHDRAWAL OF BIDS Any proposal may be withdrawn by the Bidder prior to the scheduled time for the receipt of Bids or authorized postponement thereof, provided the Bidders request for written withdrawal is received by the OWNER before the proposals are opened. No Bidder may withdraw his proposal after the actual opening thereof. A proposal which has been withdrawn will be returned to the Bidder unopened at the time of the opening of the other proposals. 13.0 RETURN OF BID SECURITY Deposits will be returned only to those bidders who return the complete set of Contract Documents in good condition, with the exception of the three apparent lowest formal • • Page 5 Bidders on the Contract whose deposits will be returned within thirty (30) days after the formal opening of Bids; and the remaining deposits which will be returned within five (5) business days after the OWNER and the successful Bidder have executed the proposed contract, or in the event any of the proposals have not been excepted, within forty-five (45) days after the date of opening of the Bids. 14.0 BASIS OF AWARD A. Bids will be compared, and the lowest Bidder determined based on the summation of all prices associated with the items of Work in the Contract. B. In the event that there is a discrepancy between the prices written in words and written in figures, the prices written in words shall govern. C. The OWNER will not be bound by the award, nor shall any Work be performed on the account of the proposed Contract until the Contract has been fully executed, delivered and approved. D. The Contract will be awazded to that responsible, qualified Bidder as determined by the OWNER in its sole discretion whose Bid price is the lowest number of dollazs unless the proposal is rejected. 15.0 RIGHT TO REJECT BID PROPOSALS The OWNER reserves the right to reject any or all proposals or to accept the proposal which in its judgment will be for the best interests of the OWNER. Any proposal which contains any omissions, alteration of form, additions or alterations not called for, or any qualifications, erasures or corrections to conform to the regulations stated herein, may be disregazded and rejected as improper except that the OWNER may waive any defects or irregulazities. Any proposals which aze submitted or received after the scheduled closing time for the receipt of proposals, will be rejected and returned without being opened. 16.0 EQUAL BIDS When two or more Bids are equal, the OWNER reserves the right to select the CONTRACTOR in its sole discretion. 17.0 ACCEPTANCE AND AWARD OF CONTRACT Within thirty (30) days after receipt of the Bids, the OWNER will accept one of the Bids or will reject all proposals. Acceptance of the Bid and the Notice of Awazd will be in writing signed •by the OWNER and mailed to the address designated in the proposal. The notice shall contain appropriate instructions and information as to the time and place set for the execution of the Contract. The successful Bidder or his duly authorized representative shall appear at the time and place designated and shall execute the • Contract and furnish the required bonds and required insurance policies. Page 6 18.0 REQUIREMENTS OF BONDS Prior to, or upon the signing of the Contract, the CONTRACTOR shall furnish to the OWNER a Performance Bond and a Labor and Materials Payment Bond, each equal to one hundred (100%) percent of the amount of the Contract. 19.0 INSURANCE The CONTRACTOR shall maintain in force during the performance of the Work all insurance policies as described in the General Conditions. Original policies, or properly executed conformed copies, evidencing the fact that the CONTRACTOR has procured the required insurance must be filed with the OWNER at the time of the execution of the Contract. 20.0 FAII,~URE TO EXECUTE CONTRACT . If the successful Bidder shall fail to furnish the required bonds and insurance policies and to execute the contract in accordance with instructions contained in the Notice of Award, he shall be deemed to have refused to enter into the Contract, and to have waived all claim to the Work; and he shall pay the OWNER any and all damages sustained by the • OWNER as a consequence of his failure to enter into the Contract including all loss from delay and interference with the OWNER'S construction program and the difference between the amount of the successful Bidder's proposal and the amount for which the OWNER may contract with another to perform the Work covered by said proposal, if the latter be in excess of the former. The surety on the Bid Bond shall be liable for such damages to the extent of the principal amount of the Bid Bond. Where the security deposited is a check, the CONTRACTOR shall be liable for such damages to the extent of the amount of the check. 21.0 CORRECTIONS, ERRORS, ADDENDA AND INTERPRETATION A. Corrections by erasures or other changes in the Bid proposal must be explained or noted over the signature of the Bidder. B. If a Bidder finds any omissions, discrepancies or errors in the Contract Documents, or is in.doubt as to the meaning of the plans and specifications, or other Contract Documents, he shall notify the OWNER, who may correct, amend or clarify such documents by an interpretation. If he fails to notify the OWNER, he will be held rigidly to the OWNER'S interpretation of the plans and specifications after the Contract is executed. C. No interpretation of the meanings of the plans, specifications or other Contract Documents will be made to any Bidder orally. Every request for such interpretation shall be in writing, addressed to the OWNER, and to be given consideration must be • received at least five (5) days prior to the date fixed for the opening of the Bids. Page 7 Any and all such interpretations and supplemental instructions will be in the form of a written addenda to the specifications.which, if issued, will be mailed to all prospective Bidders not later than three (3) days prior to the date fixed for the opening of Bids. It shall be the Bidder's responsibility to contact the OWNER within this three(3) day period to verify receipt of all addenda issued. . D. If the OWNER shall deem any matter arising thereafter of such importance as to require correction, amendment or clazification, he may postpone the time for the Bid opening by notifying each prospective Bidder of such postponement by FAX or telephone, and issue an addendum. Failure of any Bidder to receive any addendum shall not relieve the Bidder from any obligations under his Bid if such addendum is actually sent to the Bidder at the address furnished by him at the time he obtains copies of the Contract Documents. All addenda so issued, whether sent by mail, carrier, or obtained in person by the CONTRACTOR (including representative) shall. become a,~art of the Contract Documents. , E. Any information which may be given to Bidders other than by means of the Contract Documents or addenda issued in accordance with the foregoing stipulations is given informally and shall not be used as a basis of claim against the OWNER or ENGINEER. • 22.0 CONDITIONS OF WORK Each Bidder must inform himself fully of the conditions relating to the construction and labor under which the Work will be performed. Failure to do so will not relieve a successful Bidder of his obligation to furnish all material, labor, equipment and supervision to carry out the provisions of the Contract Documents, and to complete the contemplated Work for the consideration set forth in his Bid. Each Bidder, in bidding, represents that he relies exclusively upon his own investigation and he makes his Bid with full knowledge of conditions, and the kind, quality, and quantity of Work performed. 23.0 CONTRACT TIME The number of days within which, or the dates of which, the Work is to be substantially completed, and also completed and ready for final payment (Contract Time) aze set forth in the Agreement. 24.0 LIQUIDATED DAMAGES A. Liquidated Damages in the sum set forth in the agreement will be assessed for each consecutive calendaz day of delay in the completion of the Work not excusable as • provided in the Contract Documents. • ~ Page 8 B. The successful Bidder, upon his failure or refusal to execute and deliver the Contract and Bonds required within ten (10) days after he has received notice of the acceptance of his Bid, shall forfeit to the OWNER, as liquidated damages for such failure or refusal, the security deposited with his Bid. If the successful Bidder shall execute the Contract and furnish said bonds as aforesaid, the bid security will be returned. 25.0 INTENT OF CONTRACT DOCUMENTS The Contract Drawings, the Technical Specifications, all addenda, the Agreement, the Invitation For Bids, the Bid, General Conditions, Special Conditions, and Instructions to Bidders are all part of the Contract Documents. The intent of the Contract Documents is to obtain a complete, operable and efficient job. It shall be understood that the Bidder has satisfied himself as to the full requirements of the Contract Documents, and has based his Bid Proposal upon such understanding. 26.0 COMPLIANCE WITH LAWS The Bidder's attention is directed to the fact that all applicable laws of the State of Florida, the Village of Tequesta municipal ordinances, Palm Beach County ordinances, rules and regulations of all authorities having jurisdiction over construction of the project, shall apply to the Contract throughout and they will be deemed to be included in the • Contract the same as though herein written out in full. 27.0 CONSTRUCTION LAYOUT SURVEYING A. The CONTRACTOR will be responsible for all construction layout surveying and field engineering throughout the Contract Time by commissioning the professional services of a land surveyor licensed to practice within the State. B. The CONTRACTOR will by responsible for preparing and providing as-built documentation and drawings to the OWNER upon completion of the project, and prior to applying for final payment. 28.0 SAFETY AND SIGNAGE The CONTRACTOR will make every attempt to minimize the impact of construction activities on the commercial establishments existing at the site, as well as to minimize the disturbance of existing vehicular and pedestrian traffic patterns. The CONTRACTOR will install the necessary signage, safety devices, etc., to protect the commercial business establishment owners, customers, and visitors from any harm throughout the Contract municipal laws, ordinances and regulations. CONTRACTOR shall submit a maintenance of traffic plan to ENGINEER and OWNER prior to commencement of construction. • • Page 9 29.0 PERMITS -- The CONTRACTOR will be responsible for obtaining the required permits for the successful completion of the Work. 30.0 UNDERGROUND UTILITIES Information and data reflected in the Contract Documents with respect to Underground Utilities or Facilities at or contiguous to the site is based upon information and data furnished to OWNER and ENGINEER by owners of such Underground Utilities and Facilities or other, and OWNER nor ENGINEER assume responsibility for the accuracy or completeness thereof. • • SECTION 3 AGREEMENT • AGREEMENT THIS AGREEMENT is dated as of the' day of in the year 20 , by and between THE VII.,LAGE OF TEQUESTA (hereinafter called the OWNER), and f`~D~Sa / N U'r N~ S~ 1~~A~e~AC,~~J (hereinafter called the CONTRACTOR). ~~~ ~, ` OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1-WORK CONTRACTOR shall provide all labor, materials, equipment and supervision to complete all Work as specified or indicated in the Contract Documents. The work is generally described as follows, but is not limited to: 1.1 Perform parking area demolition activities 1.2 Install storm sewer and water lines and appurtenances. • 1.3 Perform localized parking area paving. 1.4 Perform all of the required testing. 1.5 Maintain access throughout the existing site to accommodate customer vehicular and pedestrian traffic to and from the commercial establishments on site. 1.6 Provide a Maintenance of Traffic Plan to ENGINEER prior to commencement of work. 1.7 Perform maintenance of traffic as provided in Maintenance of Traffic Plan. 1.8 Perform all construction layout surveying and prepare as-built documentation and drawings certified by a licensed Florida Land Surveyor. ARTICLE 2 -ENGINEER The project has been designed by MESSLER & ASSOCIATES, 11211 Prosperity Farms Road, Suite C-301, Palm Beach Gardens, Florida 33410, who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the • Contract Documents in connection with completion of the Work in accordance with the Contract Documents. The ENGINEER will not be responsible for construction layout • Page 2 surveying or checking of any or all Work. This is the responsibility of the CONTRACTOR ARTICLE 3 -CONTRACT TII~IE 3.1 The work shall be completed within ninety (90) calendar days. 3.2 LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that the time is of the essence of this agreement and that OWNER will be financially liable if the Work is not completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expenses and difficulties involved in providing a legal or arbitration proceeding the actual loss suffered by the OWNER, if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree as that liquidated damages for delay, CONTRACTOR shall pay OWNER Five Hundred and 00/100 dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time, or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand and 00/100 ($1,000.00) for each day that expires after the time specified in paragraph 3.1 for completion and • readiness for final payment. ARTICLE 4 -CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of Work in accordance with the Contract Documents in current funds as listed in the Unit Price Proposal. ARTICLE 5 -PAYMENT PROCEDURES CONTRACTOR shall submit Applications For Payment on the first (1~`) of the month and in accordance with the General Conditions. Application for Payment will indicate the amount of the CONTRACTOR'S Fee then payable. Applications for Payment will be processed by the ENGINEER and OWNER, as provided in the General Conditions. 5.1 PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application For Payment as recommended by ENGINEER, once a month during construction as provided below. All progress payments will be on the basis of the progress of Work measured by the schedule of values as provided in the Contract Documents. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, • and OWNER will withhold, specifically ten (10%) percent. Page 3 5.1.2 Upon Substantial Completion, in an amount sufficient to increase the total payments to CONTRACTOR to one hundred (100%) percent of the Cost of the Work, less such amounts as ENGINEER and/or OWNER shall determine, or OWNER may withhold. 5.2 FINAL PAYMENT. Upon final completion and acceptance of the Work in.~ accordance with the Contract Documents, OWNER shall pay the remainder of the Contract Price as recommended by the ENGINEER. ARTICLE 6 -CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 6.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, labor, insurance, progress, performance or furnishing of the Work. 6.2 CONTRACTOR has carefully studied the Contract Drawings, and visited the site to be aware of the existing conditions and Work being contemplated. 6.3 CONTRACTOR has carefully studied the Contract Drawings and Technical Specifications which pertain to the existing and proposed conditions at or contiguous to the site or otherwise may affect the cost, labor, insurance, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time, and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such progress. 6.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Dacuments with respect to existing Underground Utilities and/or Facilities. Any additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Utilities or facilities. deemed necessary by the CONTRACTOR will be paid for at the CONTRACTOR's expense. 6.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. • • Page 4 6.6 CONTRACTOR has given ENGINEER and/or OWNER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by the ENGINEER is acceptable to CONTRACTOR. ARTICLE 7 -CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: Section 1 -Invitation For Bids Section 2 -Instructions To Bidders Section 3 -Agreement Section 4 -General Conditions Section 5 -Special Conditions Section 6 - Technical Specifications • Section 7 - Bid Form Section 8 - Form OfNon-Collusion Affidavit Of Prime Bidders Section 9 - Form Of Bid Bond Section 10 -Statement of Bidders Qualifications Section 11 -Form Of Performance Bond Section 12 - Form Of Payment Bond Section 13 -Drawings Qlso, documentation submitted by CONTRACTOR prior to Notice Of Award. . Any and all Addenda. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Documents and other documents amending, modifying or supplementing the Contract Documents pursuant to the General Conditions. • Page 5 There are no Contract Documents other than those listed above in this Article. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. ARTICLE 8 -MISCELLANEOUS 9.1 Terms used in this Agreement, which are defined in the General Conditions, will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents, will be binding on another part hereto, without consent of the party sought to be bound; and specifically but without limitation monies that aze due may be assigned without such consent (except to the extent that the effect of this restriction may be liFnited by law), and'unless specifically stated to the contrary in any written consent to an assignment will release of discharge the assignor from any duty of responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns • and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. ARTICLE 10 -OTHER PROVISIONS IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGIlVEER All portions of the Contract Documents have been signed or identified by OWNER and CONTTtACTOR or by ENGINEER on their behalf THIS AGREEMENT will be effective on 1~t c~ wt ~t:~2. I ~ , -~a2 0 0 0 FOR THE OWNER: VILLAGE OF TEQUESTA .BY: MiC~F}t;L 2- Co~zLo S2. °'~~ ea- (Print or type name) (~ acute) _ Y 1 lr Z. 1} (rC-i M i4 n! R G-b`R- _ / 1 /~ 00 (Title) ( ate) . A TTY ST / z~~~o d ~ w,.l-h ~ s C~4-tom.) • • Page 6 ATTEST: %- -~ ~~~-1 (Witness) 1~ ~ - C'X~ (Date) FOR THE CONTRACTOR: CONTRACTOR: ATTEST: (Witness) (Date) CERTIFICATE AS TO CORPORATE PRINCIPAL I, _~ ~t ~~ ~, ~~ hi U `~~ , do hereby certify that I am the (Name of Principal) ~~ (Title) (Contractor and I am authorized as Principal, on behalf of and binding of the orporation, to enter into this agreement. BY: __ ~ ~~~ Cam,, l9 ~ ~ c_ `-SC: ~ (P nt or type name) DATE: ~2-~ ~C`~~ [~~ ~ -~---~ ~ (Witness) ~ ( (Date) LICENSE NO. ~~~ 1 ~~ ~ ~ ~~ • ~ SECTION 4 GENERAL CONDITIONS n u TABLE OF CONTENTS OF GENERAL CONDITIONS • Pa e Article or Paragraph g Article or Paragraph Puce ;\'umber Number & Title - Number 13 r~'rrn:bcr & Tit 7 5-2 2 le Before Starting Construction; 1. DEFINIT IONS ................................... : 13 . . CONTRAC"1-OR's Responsibility to I.I .. Addenda .......................... 13 ~ Report: Preliminary Schedules: 1.2 Agreement ........................... 13 Delivery of Certificates of 1.3 Application for Payment .............. I~ 1.4 Asbestos ............................. 13 13 2 g Insurance .......................... Preconstruction Conference ........... ~ I- I.5 • Bid ............................... 13 , 9 3 Initially Acceptable Schedules ......... 16 1.6 Bidding Documents ................... . 1.7 Bidding Requirements .. • .. • • • • • • • • • • • 13 3 CONTRACT DOCUtitENTS: INTENT, 1.8 Bonds ................................ 13 A\tENDI `G, REUSE ............................ l6 1.9 Change Order ........................ 1-3.2 3 Intent ......... ............ ........... 16 I.10 Contract Documents .................. 13 . 3 3 Reference to Standards and 1.1 I Contract Price ........................ 13 Specifications of Technical Societies; 1.12 Contract Times ....................... 13 Reporting and Resolving 1.13 CONTRACTOR ....•••••••••••••••••• 13 Discrepancies ...................... 16 1.14 defecti-•e ............................. 13 ~ ,~ Intent of Certain Terms or Adjectives .. l7 1.15 Drawings ............................. 13 3.5 ...... Amending Contract Documents 17 1.16 Effective Date of the Agreement ...... 13 3 b Supplementing Contract Documents ... 17 1.17 ENGINEER .......................... 13 3.7 .................. Reuse of Documents ~- 17 1.18 ENGINEER'S Consultant ............. 13 1.19 Field Order ......................... • • 13 AVAILABILITY OF LANDS; SUBSURFACE AND 4 1.20 General Requirements ................ 14 . pHYSICALCONDITIONS;REFERENCEPOINTS . 17 1.21 Hazardous Waste ..................... 14 4 1 Availability of Lands .................. 17 1.22 Laws and Regulations; Laws or . 4 2 Subsurface and Physical Conditions ... 17 Regulations ........................ 14 . 4.2.1 Reports and Drawings ................ 17 • 1.23 Liens .....:::::::::::::::::::::::::::: 14 14 4.2.2 Limited Reliance by CONTRACTOR ta l D i 18 1.24 Milestone . a ca Authorized; Techn _~.• 1.25 Notice of Award ...................... 14 4 2 3 Notice of Differing Subsurface or 1.26 Notice to Proceed ......... ......... 14 . , physical Conditions ................. 18 27 1 OWNER .........................:. 14 4 4 2 ENGINEER'S Review ................ 18 . 1.28 Partial Utilization ................. 14 . . 4 2 5 Possible Contract Documents Change 18 1.29 PCBs ................................. 14 . . 4.2.6 Possible Price and Times Adjustments . 18 1.30 Petroleum ............................ 14 4.3 Physical Conditions-Underground 1.31 Project ............................... 1.3 Facilities ........................... 18 18 1.32 Radioactive Material .................. 14 4 3.1 Shown or Indicated ................... 1.33 Resident Project Representative ....... 14 . 4.3.2 Not Shown or indicated .............. 19 •1.34 Samples .............................. 14 4.4 Reference Points ...................... 19 1.35 Shop Drawings ....................... 14 4.5 Asbestos, PCBs, Petroleum, Hazardous 1.3b Specifications ......................... 14 Waste or Radioactive Ivtaterial ...... 19 1.37 Subcontractor ........................ 14 1.38 Substantial Completion ............... 14 BONDS 5 AND INSURANCE ..................... 20 1.39 Supplementary Conditions ............ 14 • 5.1-5.2 Petfomtance. Payment and Other Bonds . 20 1.40 Supplier .............................. 14 S 3 Licensed Sureties and Insurers; 1.41 Underground Facilities ..............:. 14 • ~ Certificates of Insurance ............ ''-0 1.42 Unit Price Work ...................... 14 4 5 CONTRACTOR'S Liability Insurance 20 1.43 Work ................................. IS . 5 5 OWNER'S Liability Insurance .......: 2l 1.44 Work Change Directive ............... IS . 5.6 Property Insurance ................... 21 1.45 Written Amendment .................. 15 S 7 Boiler and Machinery or Additional 2. PRELIMINARY MATTERS ...................... 15 • 5 8 Property Insurance """""' •' • • • • Notice of Cancellation Provisions 21 21 2.1 Delivery of Bonds .................... IS 15 . 9 5 CONTRACTOR'S Responsibility for 2.2 Copies of Documents ................. . .•.••_•..••••••• Deductible Amounts 22 2.3 Commencement of Contract Times; 15 5 10 Other Special Insurance ............... 22 • 4 2 Notice to Proceed .................. Starting the Work .................:... 15 . 5.11 • • . • . Waiver of Rights .. ....... .. ...... 2_ . • • • Article or Paragraph Number 8 Title 5.12-5.13 Receipt and Application of Insurance Proceeds ........................... 5.14 Acceptance of Bonds and Insurance; Option to Replace ................. ~. I S Partial Utilization-Property Insurance .......................... 6. CONTRACTOR'S RESPO\SIBILITIES .......... 6.1-6.2 Supervision and Superintendence ...... 6.3-6.5 Labor, Materials and Equipment ...... 6.6 Progress Schedule .................... 6.7 Substitutes and "Or-Equal" Items; CONTRACTOR'S Expense: Substitute Construction Methods or Procedures; ENGINEER'S Evaluation .......... 6.8.1 I Concerning Subcontractors, Suppliers and Others; Waiver of Rights ....... 6.12 Patent Fees and Royalties ............. 6.13 Permits ............................... 6.14 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 Protection .. ............ 6.31 Safety Representative ................. 6.22 Hazard Communication Programs ..... 6.23 Emergencies .......................... 6.24 Shop Drawings and Samples ......... . 6.25 Submittal Procedures; CONTRACTOR'S Review Prior to Shop Drawing or Sample Submittal 6.26 Shop Drawing & Sample Submittals Review by ENGINEER ............ 6.27 Responsibility for Variation From Contract Documents ................ 6.28 Related Work Performed Prior to ENGINEER'S Review and Approval of Required Submittals ............ . 6.29 Continuing the Work .................. 6.30 CONTRACTOR'S General Warranty and Guarantee ............ 6.31-6.33 Indemnification ....................... 6.34 Survival of Oblisations ................ 22 22 23 23 23 23 23 23 24 25 25 25 25 26 26 26 26 26 26 27 27 27 27 27 27 27 28 2s 28 28 7. OTHER WORK .................................. 29 7.1-7.3 Related Work at Site .................. 29 7.4 Coordination 8. OWNER 'S RESPONSIBILITIES ................. 29 8.1 Communications to Contractor ........ 29 8.2 Replacement of ENGINEER .......... 29 8.3 Furnish Data and Pay Promptly When Due ................................ 29 8.4 Lands and Easements; Reports and Tests ............................... '29 8.5 Insurance ............................. 29 Page Number Article or Paragraph Page Number & Title .''umber ~ 8.6 Change Orders ....................... 29 ' ~-`~ 8.7 Inspections, Tests and Approvals ...... 29 8.8 Stop or Suspend 1~'ork:Terminate CONTRACTOR'S Sen~ices ......... 29 8.9 Limitations on O~VNER's Responsibilities ..................... 30 8.10 Asbestos, PCBs, Petroleum, Hazardous \~aste or Radioactive Alaterial ...... 30 8.11 Evidence of Financial Arrangements .. 30 9. ENGINEER'S STATUS DURING CONSTRUCTION ............................... 30 9.1 OWNER'S Representati~•e ............ 30 9.2 Visits to Site .......................... 30 9.3 Project Representati~•e ................ 30 9.4 Clarifications and Interpretations ...... 30 9.5 Authorized Variations in Work ........ 30 9.6 Rejecting Defective Work ............. 30 9.7-9.9 Shop Drawings, Change Orders and Payments ...................... 31 9.10 Determinations for Unit Prices ........ 31 9.11-9.12 Decisions on Disputes; ENGINEER as Initial interpreter ................... 31 9.13 Limitations on ENGINEER'S Authority and Responsibilities ...... 31 10. CHANGES 1N THE WORK ..................... 10.1 OWNER Ordered Change ............ 10.2 Claim for Adjustment ................. 1U.3 Work Not Required by Contract Documents ......................... 10.4 Change Orders 10.5 Notification of Surety ................. 11. CHANGE OF CONTRACT PRICE .............. 11.1-11.3 Contract Price; Claim for Adjustment; Value of the Work .................. 11.4 Cost of the Work ..................... 11.5 Exclusions to Cost of the Work ....... 11.6 CONTRACTOR'S Fee ................ 11.7 Cost Records ......................... 11.8 Cash Allowances ..................... 11.9 Unit Price Work ...................... 12. CHANGE OF CONTRACT TiAIES .............. 12.1 Claim for Adjustment ................. 12.2 Time of the Essence .................. 12.3 Delays Beyond CONTRACTOR'S Control ............................ 12.4 Delays Beyond OWNER'S and CONTRACTOR'S Control .......... 13. TESTS AND 1NSPECT[ONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK .......................................... 13.1 Notice of Defects ..................... 13,2 Access to the Work ................... 13.3 Tests and Inspections; Contractor's Cooperation ........................ 32 33 32 : '~ ~..'' 32 32 32 32 33 34 34 34 35 35 35 35 35 35 35 36 36 36 ; 36 Article or Paragraph Page Number & Title Nu mber • 13.4 O\VNER's Responsibilities; Independent Testing Laboratory .... 36 13.5 CONTRACTOR's Responsibilities ..... 36 13.6-13.7 CoveringWork Prior to Inspection, Testing or Approval ................ 36 13.8-13.9 Uncovering Work at ENGINEER'S Request ..................... .... 36 13.10 OWNER 1`lay Stop the Work ......... 36 13.1 I Correction or Removal of Defective .Work .. .......................... 37 13.12 Correction Period ..................... 13.13 Acceptance of Defective Work ........ 37 13.14 OWNER 1`lay Correct Defective \\'ork ............................... 37 14. PAYMENTS TO CONTRACTOR AND COMPLETION ................................. 37 14.1 Schedule of Values .................... 37 14.2 Application for Progress Payment ..... 38 14.3 CONTRACTOR'S \\'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 14.11 Final inspection ...................... 39 ~, • Article or Paragraph Page Nrunber & Title Number 14.12 Final Application for Payment ......... 40 14.13-14.14 Final Payment and Acceptance ........ 40 14.15 Waiver of Claims ..................... 40 I5. SUSPENSION OF WORK AND TER~t1NAT10N ................................ 40 I5.1 O\\'NER 1\iay Suspend Work ......... 40 15.2-15.4 OWNER )viay Terminate .............. 4C 15.5 CONTRACTOR biay Stop \\'ork or Terminate .......................... 41 16. DISPUTE RESOLUTION .......•••••••••••••••• 41 17. T\tISCELLANEOUS ............................. 4? 17.1 Giving Notice ........................ 4? 17.2 Computation of Times ................ 4? 17.3 Notice of Claim ....................... ~'_ 17.4 Cumulative Remedies ................. 42 17.5 Professional Fees and Court Costs Included ........................... 43 EXHIBIT GC-A (Optional): -' Dispute Resolution Agreement (Optional) ..... GC-A1 16.1-16.6 Arbitration .................... GC-AI 16.7 ~iediation ..................... GC-A2 3 li\DEX TO GENERAL CONDITIONS • r~ Ar1ic•Ic or Pirrnsrapir r~'runber Acceptance bf- Bonds and Insurance ................................ 5.13 defecri~•e Work ....................... 10.4.1. 13.13, 13.15 final payment ............ .....................9.12, 14.15 insurance ........................................... 5.1.3 other Work, by CONTRACTOR ...................... 7.3 Substitutes and "Or-Equal" Items .................. 6.7.1 14'ork by O1V\ER ........................ 2.5, 6.30. 6.3.1 Access to the- Lands. OWNER and CONTRACTOR responsibilities ..................................... 4.1 site, related work .................................... 7.2 1Vork . .................................. 13.2. {3.11. 14.9 Acts or Omissions-, Acts and Omissions- CONTRACTOR ............................ 6.9.1, 9.13.3 ENGINEER ................................ 6.30. 9.13.3 O ~1'N E R ....................................... 6.20. 8.9 Addenda~efinition of (also see definition of Specifications) ........... (1.6, 1.10, 6.19) I.I Additional Property Insurances ......................... 5.7 Adjustments Contract Price or Contract Times ......... 1.5, 3.5.4.1, 4.3.2, 4.5.2, 4.5.3, 9.4, 9.5, 10.2-10.4, II, 12,14.8,15.1 progress schedule .................................... 6.6 Agreement- defi ninon of .......................................... 1.2 All risk lnsurence, policy form ........................ 5.6.2 Allowances, Cash ..................................... 11.8 Amending Contract Documents ......................... 3.5 Amendment, ~Vritten- in general .... 1.10, 1.43, 3.5, 5.10, 5.12, 6.6.2, 6.8.3, 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, 5.6.4, 9.10, 15.5 progress payment .............................. 14.1, 14.7 review of ...................................... 14.4-14.7 Arbitration (Optional) ............................. 16.1-16.6 Asbestos- claims pursuant thereto .......................4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ...........4.5.2 definition of .......................................... 1.4 OWNER responsibility for .................... 4.5.1, 8.10 possible price and times change .....................4.5.2 Authorized Variations in Work ........... 3.6, 6.?5, 6.27, 9.5 Availability of Lands ............................... 4.1, 8.4 Award, Notice of-defined ................... ..... 1.25 Before Starting Construction ........................ 2.5-2.8 Bid-definition of ...................................... 1.5 (1.1, 1.10, 2.3, 3.3, 4.2.6.4, 6.13, 11.4.3, 11.9.1) P =1 Arfic•!e or Paragraplt : . :' h'unrbcr _ Bidding Documents-dzfinition of ................ 1.6 (6.8.2) Bidding Requirements-definitions of ...... 1.7 (I.1, 4.3.6.2) Bonds- , acceptance of .......................................5.14 additional bonds ........................... 10.5, 11.4.5.9 Cost of the «'ork .................................. 11.5.4 definition of .................................... ... 1.8 delivery of ......................................2.1.5.1 final application for pa}•ment ................. 14.12-14.14 eeneral ...............1.10. 5.1-5.3, 5.13, 9.13,10.5, 14.7.6 perform ante, Payment and Other ................. 5.1-5.2 Bonds and Insurance-in general ......................... 5 Builder s risk "all risk" policy form ...................5.6.2 Cancellation Provisions, Insurance ........ 5.4.1 I., 5.8, 5.15 Cash Allowances ...................................... 11.8 . . Certificate of Substantial Completion ......... 1.38, 6.30.2.3, 14.8, 14.10 Certificates of Inspection ................ 9.13.4, 13.5, 14.12 Certificates of Insurance .. 2.7, 5.3, 5.4.11, 5:4.13, 5.6.5, 5.8, ....................................... 5.14, 9.13.4, 14.12 Change in Contract Price- Cash Allowances ................................... 11.8 claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 11.2, 13.9, . 13.13,13.14,15.1, 15.5 CONTRACTOR's fee ............................... 11.6 Cost of the Work ~-~ general ...................................... 11.4-11.7 Exclusions to ....................................... 11.5 Cost Records ....................................... 11.7 in general .............. 1.19, 1.44, 9.11, 10.4.2, 10.4.3, II Lump Sum Pricing ................................ 11.3.2 Notification of Surety ............................... 10.5 Scope of ....................................... 10.3-10.4 Testing and Inspection, Uncovering the Work ........ 13.9 Unit Price Work .................................... 11.9 Value of Work ...................................... 11.3 Change in Contract Times- Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5, 9.11, 10.2, 10.5, 12.1, 13.9, 13.13, 13.14,14.7,15.1,15.5 Contractual time limits .............................. 12.2 Delays beyond CONTRACTOR'S control ............ 12.3 Delays beyond OWNER'S and CONTRACTOR'S con- trol ............................................... 12.4 Notification of surety ............................... 10.5 Scope of change ............................... 10.3-10.4 Change Orders- Acccptance of Defective Work ..................... 13.13 Amending Contract Documents ...................... 3.5 Cash Allowances ................................... 11.8 Change of Contract Price ............................. 11 Change of Contract Times ............................ 12 ...... Changes in the Work ....................... ..... 10 CONTRACTOR'S fee ............................... 11.6 Cost of the Work ............................... 11.411.7 4 • _~ Article or Paragraph Number Cost Records ....................................... 11.7 definition of .......................................... 1.9 emergencies .................... .............:...... 6.23 ENGINEER'S responsibility .... ..... 9.8, 10.4, 11.2, 12.1 execution of .................. 10.4 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 V4'ork, covered by ..... ..................... 11.3 Changes in the Work ............. ....................... 10 Notification of surety .......... ..................... 10.5 OWNER'S and CONTRAC'POR' s responsibilities .... 10.4 Right to an adjustment ......... ..................... 10.2 Scope of change ............... ................ 10.3-10.4 Claims- against CONTRACTOR ....... ......................6.16 against ENGINEER ........... ..................... 6.32 against OWNER .................................... 6.32 Change of Contract Price ...... ................. 9.4, 11.2 Change of Contract Times ..... ................. 9.4, 12.1 CONTRACTOR'S 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1,14.8,15.1,15.5,17.3 CONTRACTOR'S Fee ........ ...................... 11.6 CONTRACTOR'S liability ..... ....... 5.4, 6.12, 6.16, 6.31 Cost of the Work .............. ................ 11.4, 11.5 Decisions on Disputes ......... ................ 9.11, 9.12 Dispute Resolution ............ ....:................. 16.1 Dispute Resolution Agreement . ................. 16.1-16.6 ENGINEER as initial interpreter .................... 9.11 Lump Sum Pricing ............ .................... 11.3.2 Notice of ..................... ...................... 17.3 OWNER'S ........... 9.4, 9.5, 9.11, 10.2, 11.2, 11.9, 12.1, 13.9, 13.13, 13.14, 17.3 OWNER'S'liability ............ ....................... 5.5 OWNER may refuse to make payment .............. 14.7 Professional Fees and Court Costs Included .......... 17.5 request for formal decision on . .................... .9.11 Substitute items .............. .................... 6.7.1.2 Time Extension . ............ ....................... 12.1 Time requirements ........... ................. 9.11, 12.1 Unit Price Work ............. ..................... 11.9.3 Value of ..................... ....................... 11.3 Waiver of-on Final Payment . ............... 14.14, 14.15 Work Change Directive ...... ....................... 10.2 written notice required ....... ............ 9.11, 11.2, 12.1 Clarifications and Interpretations ............3.6.3, 9.4, 9.11 Clean Site ..................... ....................... 6.17 Codes of Technical Society, Organization or -- Association ................ . 3.3.3 ................... :: Commencement of Contract Times ................ ... 2.3 Communications- Article or Paragraph Number general .................................... 6.2, 6.9.2. 8.1 Hazard Communication Programs ......... ..........6.22 Completion- Final Application for Payment ............. ......... 14.12 Finallnspection .......................... ......... 14.11 Final Payment and A ccep;ance ............ ... 14.13-14.14 Partial Utilization ......................... ......... 14.10 Substantial Completion ... ................ 1.38, 14.8-14.9 Waiver of Claims ......................... ......... 14.15 Computation of Times ...................... .. 17.2.1-17.2.2 Concerning Subcontractors. Suppliers and Others ............................ 6.8-6.11 Conferences- initially acceptable schedules .............. ........... 2.9 preconstruction ........................... 2.8 ........... Conflict, Error, Ambiguity, Discrepancy- CONTRACTOR to Repon ..................... 2.5, 3.3.2 Construction, before starting by CONTRACTOR .... 2.5-2.7 Construction Machinery, Equipment, etc . ... ............ 6.4 Continuing the \Vork ........................ .....6.29, 10.4 Contract Documents- ~-. Amending ............................... ............ 3.5 Bonds ................................... ............ 5.1 Cash Allowances ........................ ........... 11.8 Change of ContractPric~ •.•••••••••••••• ••••••••••••• 11 Change of Contract Timis ............... ............. 12 Changes in the ~~'ork ..................... ...... 10.4-10.5 check and verify ......................... ............ 2.5 Clarifications and Interpretations ....... 3 .2, 3.6, 9.4, 9.11 definition of ............................. ........... 1.10 ENGINEER as initial interpreter of ...... ........... 9.11 ENGI\EER as OW\ER's representative ............ 9.1 general .................................. .............. 3 Insurance ................................ ............ 5.3 Intent ................................... ......... 3.1-3.4 minor variations in the V4'ork ............. ............ 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 ................................ ............. 3.7 Supplementing .......................... ............. 3.6 Termination of ENGINEER'S Employment ........:.. 8.2 Unit Price Work ........................ ............ '11.9 variations ............... ................. 3.6, 6.23, 6.27 Visits to Site, ENGINEER'S ............ ............. 9.2 Contract Price- adjustment of ................ 3.5, 4.1, 9.4, 10.3, 11.2-11.3 11 ............. Change of .... ............. ... ...... ..... Decision on Disputes ............................... 9.11 definition of ........ ................. ............ 1.11 Contract Times- adjustment of .. ...................... 3.5, 4.1, 9.4, 10.3, 12 Change of .............................. ........ 12.1-12.4 L_J C. Article or Paragraph i4'rrnrbcr Commencement of ........:.......................... 2.3 definition of ............................... ....... 1.13 CONTRACTOR- Acceptance of Insurance ............................ 5.14 Limited Reliance on Technical Data Authorized .....4.2.2 Communications ............................... 6.2. 6.9.2 Continue 14'ork ................................ 6.29. 10.4 coordination and schedulin; ......................... 6.9.2 definition of ........................................ 1.13 stay Stop 44'ork or Terminatz ....................... 15.5 provide site access to other; .................... 7.2. 13.'_ Safety and Protection .......4.3.1.2, 6.16, 6.13, 6.31-6.33. 7.2. 13.3 Shop Dra~~ing and Sample Re~ie~v Prior to Submittal .6.25 Stop 44'ork requirements ...........................4.5.3 CONTRACTOR's- Compensation .................................. Il.l-11.2 Continuing Obligation .............................. 1.3.15 Defective Work .......................... 9.6, 13.10-13.14 Duty to correct defective 44'ork ..................... 13.11 Duty to Report- Changes in the Work caused by Emergency ....................................... 6.33 Defects in 1Vork of Others ......................... 7.3 Differing conditions .............................. 4.2.3 Discrepancy in Documents ........... 2.5, 3.3.2, 6.1.3.2 Underground Facilities not indicated ..............4.3.2 Emergencies ........................................ 6.23 Equipment and 1\tachinery Rental, Cost of the 44'ork ...........................<....... 11.4.5.3 Fee-Cost-Plus ..................... 11.4.5.6, 11.5.1, 11.6 General Warranty and Guarantee .................... 6.30 Hazard Communication Programs ................... 6.23 Indemnification ...................... 6.12, 6.16, 6.31-6.33 Inspection of the 1Vork ......................... 7.3, 13.4, Labor, Materials and Equipment .................. 6.3-6.5 Laws and Regulations, Compliance by .............6.14.1 Liability Insurance ................................... S.4 Notice of Intent to Appeal ..................... 9.10, 10.4 obligation to perform and complete the Work ........6.30 Patent Fees and Royalties, paid for by ...............6.12 Performance and Other Bonds ........................ 5.1 Permits, obtained and paid for by .................... 6.13 Progress Schedule ..... 2.6, 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Request for formal decision on disputes .:...........9.11 Responsibilities- Changesin the Work .............................. 10.1 Concerning Subcontractors, Suppliers and Others . 6.8- 6.11 Continuing the Work ........................ 6.29, 10.4 CONTRACTOR'S expense .......................6.7.1 CONTRACTOR'S General 1arranty and Guaran- tee ............................................... 6.30 CONTRACTOR'srer•ieH•priortoShopDrawingor Sam- ple submittal ............................. _ ....6.25 Coordination of Work .............................. 6.9.2 Emergencies ..................................... 6.23 ENGINEER'S evaluation. Substitutes or 'Or-Equal' Items .......................... 6.7.3 Ar1ic•!c or Paragraph ,'~'unrber For Act; and Omissions of Others .....6.9.1-6.9.2, 9.13 for deductible :~rnount:, insurance .................. 5.9 general ................................. 6. 7.2,7.3, 8.9 Hazardous Communication Programs .............6.22 Indemnification .............................. 6.31-6.33 Labor, Atateiial; <<nd Equipment ................ 6.3-6.5 Laws and Recul:ttion; ............................ 6.14 Liability InSUr:ln~e ................................. 5.4 Notice of variation from Contract Documents .....6.37 Patent Fees and Ro} aloes .........................6.12 Permits ........................................... 6.13 Proeress Schedule ................................. 6.6 Record Documents ............................... 6.19 related 14'ork performed prior to ENGINEER'S approval of required submittals ................. 6.38 safe structural loading ............................ 6.13 Safety and Protection ................... 6.20, 7.3, 13.2 Safety Represcntati~e ............................. 6.21 Scheduling the 11'ork ............................. 6.9.2 Shop Drawings and Samples ......... -, ........6.24 Shop Drawings and Samples Review by ENGINEER ................................ 6.26 Site Cleanliness ................................... 6.17 Submittal Procedures ............................. 6.25 Substitute Construction >tiethods and Procedures .................................... 6.7.2 Substitutes and "Or-Equal" Items ................ 6.7.1 Superintendence ................................... 6.2 Supervision ........................................ 6.1 Sun•ival of Obligations ............................6.34 Taxes ............................................6.15 Tests and Inspections ............................. 13.5 To Report ......................................... 2.5 Use of Premises ....................6.16-6.18, 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal ..6.25 Right to adjustment for changes in the Work ......... 10.2 right to claim .. 4, 7.1, 9.4, 9.5, 9.11,. 10.2, 11.2, 11.9, 12.1, 13.9, 14.8, 15.1,15.5,17.3 Safety and Protection ................. 6.20-6.23,7.2, 13.2 Safety Representative ............................... 6.21 Shop Drawings and Samples Submittals .........6.2.3-6.28 Special Consultants ............................... 11.4.4 Substitute Construction 1\tethods and Procedures ..... 6.7 Substitutes and "Or-Equal" Items. Expense ..6.7.1, 6.7.2 Subcontractors, Suppliers and Others ............ 6.8-6.11 Supervision and Superintendence ........... 6.1, 6.2, 6.21 Taxes, Payment by .................................. 6.15 Use of Premises ................................ 6.16-6.18 Warranties and guarantees ...................... 6.30, 6.5 Warranty of Title ................................... 14.3 Written Notice Required- CONTRACTOR stop Work or terminate ........... 15.5 Reports of Differing Subsurface and Physical Condi- tions ............................................. 4.2.3 Substantial Completion ........................... 14.8 CONTRACPORS~ther ................................. 7 Contractual Liability Insurance ...................... 5.4.10 Contractual Time Limits .............................. 12.2 Coordination i..; ~~ • • ~i •`:. Article or Parrrgrtrplr r\'rrrnbcr CONTRACTOR'S responsibility .................... 6.9.3 Copies of Documents ................... ............... 2.2 Correction PerioJ ....................... ............. 13.1'_ Correction. Remo~•al or Acceptance of Defective 11'urk in general ............................. 10.4.1, 13.10-13.14 Acceptance of Defecti~~e \\'url: ........ ............. 13.13 Correction or Remus al of Defecti~ e \\'ork ..... 6.:0. 13.11 Correction Period ..................... ............. 13.12 O\VNER ;~ta~• Correct Defecti~•e \\'ork ............. 13.14 OWNER htay Stop 1\'o~•k ............. ............. 13.10 Cost- of Teas and Inspections ............... .............. 13.4 Records .............................. .............. 11.7 Cost of the \1'ort: Bonds and insurance. adJitional ...... ........... 1 1.4.5.9 Cash Discounts ...................... ............. 11.4.2 CONTRACTOR'S Fee ................ .............. 11.6 Employee Expenses .................. ........... 11.4.5.1 Exclusions to ....................................... 11.5 General .............................. .......... l 1.4-i l .5 Home office and o~~erhead expenses .. ............... 11.5 Losses and damagzs .................. ........... 11.4.5.6 ............. Materials and equipment ............. 11.4._ ~ I~tinor expenses ...................... ........... 11.4.5.5 Payroll costs on chan~eS ............. ............. 11.4.1 performed by Subcontractors ......... ............. 11.4.3 Records ............................. ............... 11.7 Rentals of construction equipment and machinery .11.4.5.3 Royalty payments, permits and license fees ...... 11.4.5.5 Site office and temporary facilities .... ........... 11.4.5.2 Special Consultants. CONTRACTOR'S ............ 11.4.4 Supp{ementaf ........................ ............. 11.4.5 Taxes related to the 1\'ork ............ ........... 11.4.5.4 Tests and Inspection ................. ............... 13.4 Trade Discounts ..................... ............. 11.4.2 Utilities, fuel and sanitary facilities ... ............ 11.4.5.7 Work after regular hours ............. ............. 11.4.1 Covering Work ........................ ........... 13.6-13.7 Cumulative Remedies ................. ........... 17.4-17.5 Cutting, fitting and patching ............ ................ 7.2 Data, to be furnished by OWNER ...... ................ 8.3 Day-definition of ..................... .............. 17.2.2 Decisions on Disputes ................. ..........9.11, 9.12 defective-definition of ................ ................ 1.14 defective Work- Acceptance of . .10.4.1, 13.13 Correction or Removal of ................... 10.4. I , 13. I 1 Correction Period ................... ............... 13.12 in general ........................... ...... 13, 14.7, 14.11 Observation by ENGINEER ........ ........:........ 9.2 OWNER htay Stop Work ........... ............... 13.10 Prompt Notice of Defects ........... ................ 13.1 Rejecting ........................... ................. 9.6 Uncovering the N'ork ............... ................ 13.8 Definitions ................ ..........:...... 1 ............ Delays ................... 4.1, 6.29, 12.3-12.4 .. Delivery of Bonds ..................... ................. 2.1 Delivery of certificates of insurance .... ................. 2.7 Article or Para~rap/r ,'\'rurtbe•r Determinations for Unit Prices ........................ 9.10 Differing Subsurface or Physical Conditions Notice of ............................. ............. •t.2.3 ENGINEER'S Re~~icw ................ ............. •3?.-3 Possible Contract Documents Charee .. .............4.2.5 Fossible Price and Times Adjustments . .............4.2.6 Discrepancies-Reporting and Resol~~ir.; .. .. ?.~. 3.3.2. 6.1.1.' Dispute Resolutiun- Agreement ............................ ......... 16.1-16.6 Arbitration ............................ ......... 16.1-16.5 cenerrl .... ........................ ................ 16 Alediatiun ............................ .............. 16.6 Dispute Resoluti~~n :\grtement ........... ......... 16.1-16.6 Disputes, Decisions by ENGINEER ..... .........9.11-9.12 Do~uments- Copies of ............................. ............... 2 Record ............................... .............. 6.19 Reuse of .............................. ............... 3.7 Drawings-definition of ................. .............. I.I~ Easements .............................. ............... ,.l Effective date of Agreement-definition of ............. 1.16 Emergencies ............................ ..............6.23 ENGINEER- as initial interpreter on disputes ....... ..........9.11-9.13 definition of .......................... .............. 1.17 Limitations on authority and responsibilities .................. ............... 9.13 Replacement of ...................... ......... ..... 8.2 Resident Project Representati~•e ...... ................ 9.3 ENGINEER'S Consultant-definition of ............... 1.18 ENGINEER's- authority and responsibility, limitations on ...........9.13 Authorized Variations in the Work .... ................ 9.5 Change Orders, responsibility for ..... ..... 9.7, 10. 11. 12 Clarifications and Interpretations ..... .......... 3.6.3, 9.4 Decisions on Disputes ................ .......... 9.11-9.12 defective VI'ork, notice of ............ ............... 13.1 Evaluation of Substitute hems ........ .............. 6.7.3 Liability ............................. .......... 6.32, 9.12 Notice Work is Acceptable ........... .............. 14.13 Observations ........................ ......... 6.30 ?, 9.2 OWNER's Representative ........... ................ 9.1 Payments to the CONTRACTOR, Responsibility for .............. ............. 9.9. 14 Recommendation of Payment ........ ......... 14.4, 14.13 Responsibilities- Limitations on . ........... 9.1 I-9.13 Review of Reports on Dili'ering Subsurface and Physical Conditions ........... ...............4.2.4 Shop Drawings and Samples, review responsibility ..................... ................ 6.26 Status During Construction- authorized variations in the Work . ................. 9.5 Clarifications and Interpretations .. ................. 9.4 Decisions on Disputes ............. ........... 9.11-9.12 Determinations on Unit Price ..... ........... ...9.10 ENGINEER as initial Interpreter .. ........... 9.1 I-9.12 ENGINEER'S Responsibilities .. .... • • • • • • • 9.1-9.12 7 C] • • Article or ParagrrrpJ: ,Nrnnber Lir• cations on ENGINEER'S Authority and Responsibilities ................. .................. 9.13 O\VNER's Representative ...... ................... 9.1 Project Representative ............................. 9;3 Rejecting Defecti~•e \\'orl: .......................... 9.6 Shop Dray+•ings. Change Orders a nd Payments .................... ................ 9.7-9.9 VISItS IO SIIe ~ Unit Price Determinations ........................... 9.10 Visits to Site ..................... .................... 9.2 \\'ritten consent required .......... ............... 7.2, 9.1 Equipment, Labor. T`taterials and ... ................ 6.3-6.5 Equipment rental. Cost of the \\'ork . ............... 11.•1.5.3 Equivalent Materials and Equipment .................... 6.7 Errors or omissions ................ ................... 6.33 Evidence of Financial Arrancements ................... 8.11 Explorations of physical conditions . ..................4.2.1 Fee, CONTRACTOR'S-Costs•Plus ................... 11.6 Field Order- definition of ..................... ................... 1.19 issued by ENGINEER ....... .............. 3.6.1, 9.5 Final Application for Pa}~ment ...... .................. 14.13 Finallnspection .................... .................. 14.11 Final Payment- and Acceptance .................. ............ 1.1.13-14.14 Prior to, for cash allo"~ances ........................ 11.8 General Provisions ................ ............... 17.3-17.4 General Requirements- defirition of ..................... .................... 1.20 principal references to ........... ... 2.6, 6.4, 6.6-6.7, 6.24 Giving Notice ..................... .................... 17.1 Guarantee of \\'ork-by CONTRACTOR ................. ............. 6.30, 14.12 Hazard Communication Programs . ....................6.22 Hazardous Waste- definition of .................... .................... 1.21 general ......................... ..................... 4.5 OWNER'S responsibility for .... .................... 8.10 indemnification ................... ..... 6.12, 6.16, 6.31-6.33 Initially Acceptable Schedules ..... ..................... 2.9 Inspection- Certificates of .................. ....... 9.13.4, 13.5, 14.12 Final ........................... ................... 14.11 Special, required by ENGINEER .................... 9.6 Tests and Approval ........................ 8.7, 13.3-13.4 Insurance- Acceptance of, by OWNER .... ..................... 5.14 Additional, required by changes in the \Vork ................ ................. 11.4.5.9 Before starting the Work ....... ...................... 2.7 Bonds and-in general ......... ........................ 5 Cancellation Provisions ........ ...................... 5.8 Certificates of .. 2.7, 5, 5.3, 5.4. 11, 5.4.13, S.6.S, 5.8, 5.14, 9.13.4, 14.12 completed operations ........................_..... 5.4.13 CONTRACTOR'S Liability ..... ...................... 5.4 CONTRACTOR'S objection to coverage .............5.14 Contractual Liability .......... .................... 5.4.10 Article yr Paragraph l~'rrrnber deductible amounts. CONTRACTOR'S responsibility ................. ................... S.9 Final Application for P:lyment ..... ................. 14.12 Licensed insurers ................. ................... 5.3 Notice requirements. matzrial chan_es ...................... ............ 5.8. 10.50 Option to Replace ................ .................. 5.14 other specialin~ur:rnces ........... .................. 5.10 O\\'NER as fiduciary for insureds ..............5.12-5.13 O\VNER's Liability ............... ................... 5.5 01VNER's Responsibility ......... ................... 8.5 Partial Utilization. Proper}• Insurance ...............5.15 Property ......................... ...............5.6-5.10 Receipt and Application of Insurance Proceeds ..5.12-5.13 Speciallnsurance ................ ................... 5.10 1\'siver of Rights ................. ................... 5.11 Intent of Contract Documents ....... ................ 3.1-3.4 Interpretations and Clarifications ... .............. 3.6.3, 9.4 investigations of physical conditions ................. . 4._ Labor, Alatelials and Equipment .... ................ 6.3-6.5 Lands- _ and Easements .................. , .................... 8.4 Availability of ................... ................ 4.1, 8.4 Reports & Tests ................. .................... 8.4 Laws and Regulations-La~~•s or Regulations- Bonds .......................... ................. 5.1-5.2 Changes in the 1Vork ............ ................. 10.4 Contract Documents ............. .................... 3.1 CONTR~CTOR's Responsibilities ................... 6.14 Correction Period. defective \\'ork .................. 13.12 Cost of the \\'ork, tapes ......... ................ 11.4.5.4 definition of .................... .................... 1.22 general ......................... .................... 6.14 Indemnification ............. ...............6.31-6.33 Insurance ....................... ..................... 5.3 Precedence ..................... ............... 3.1, 3.3.3 Reference to .................... ................... 3.3.1 Safety and Protection ........... ............6.20, 13.2 ... Subcontractors, Suppliers and Others ............ 6.8-6.1 I Tests and Inspections ........... .................... 13.5 Use of Premises ................ .................... 6.16 Visits to Site .................... ..................... 9:2 Liability Insurance- CONTRAC'I'OR's ............... ..................... 5.4 OWNER'S ...................... ............:........ 5.5 Licensed Sureties and Insurers .... .....................5.3 Liens- Application for Progress Payment ................... 14.2 Contractor's Warranty of Title .. ..................... 14.3 Final Application for Payment .. .................... 14.12 definition of ................... ..................... 1.23 Waiver of Claims .............. .................... 14.15 Limitations on ENGINEER'S authority and responsibilities ................. .................... 9.13 Limited Reliance by CONTRACTOR Authorized ......4.2.2 Maintenance and Operating Manuals- Final Application for Payment .. .................... 14.12 Manuals (of others)--- Precedence .................... ................... 3.3.3.1 ~~ Article nr Pnrnbrnplr J4'rnrnc~r _ • Reference to in Contract Documents ........ ........ 3.3.1 baterials and equipment- furnished b}~ CONTRACTOR .............. .......... 6.3 not incorpor::tad in 11'urk ................... ......... 1.3.3 Materials or equipment-cqui~•alznt ........... .......... 6.7 ?Mediation (Option::l) ......................... ......... 16.7 blilestones~leiinition of ..................... ......... l.'_•3 Miscellaneous- ..................... Cumput;rtion of l~imc; ......... 1 ._ ~ Cumulati~ e R~mzdic~ ...................... ......... 17.4 Givin; Notice ............................. .......... 17.1 I~'otice of Claim ........................... .......... 17.3 Professional F:es ;:nJ Court Costs Included .......... 17.5 Multi-prime contracts .................................... 7 Nut Sho~~n or Indicated ..................... ......... 4.3.'_ Notice of- Acceptability of Pn~ject ................... ......... 14.13 Award, definition of ....................... .......... 1.25 Claim .................................... .......... 17.3 Defects . .................................. .......... 13.1 Differing Subsurface or Ph}~sical Conditions ..........4.2.3 Giving .................................... .......... 17.1 Tests and Inspections ..................... .......... 13.3 Variation, Shup Dr;+~vin~ and Sample ...... ..........6.27 Notice to Proceed- definition c+f .............................. .......... 1.26 giving of .................................. ........... 2.3 Notification to Surer}• .'.Observations, by ENGINEER .............. .10.5 .......6.30, 9.2 Occupancy of the 14'ork ...............:5.15, 6.30.2.4, (4.10 Omissions or acts by CONTRACTOR ....... ...... 6.9, 9.13 "Open peril" policy form. Insurance ...................5.6.2 Option to Replace .......................... ...........5.14 .'Or Equal" Items .......................... ............ 6.7 Other work .............................................. 7 Overtime 14'ork-prohibition of ............. ............ 6.3 OWNER- Acceptance of defective 11'ork ...................... 13.13 appoint an ENGINEER .................. ............ 8.2 as fiduciary .............................. ...... 5.13-5.13 Availability of Lands, responsibility ....... ............ 4.1 definition of ............................. ........... 1.27 data, furnish ............................. ............ 8.3 May Correct Defective 1Vurk ............. .......... 13.14 bray refuse to make payment ............. ........... 14.7 May Stop the Work ...................... .......... 13.10 may suspend work, terminate ....................... 8.8, 13.10, 15.1-15.4 Payment, make prompt ................... 8.3, 14.4, 14.13 performance of other 1Vork ............... ............ 7.1 permits and licenses, requirements ....... ........... 6.13 purchased insurance requirements ....... ........ 5.6-5.10 OWNER's- Acceptance of the 1Vork ......................... d.~u.=•~ Change Orders, obligation to execute .....................................8 6:10.4 Communications 8.1 Coordination of the Work ............ ............. 7.4 Disputes, request for decision .........~ .............. 9.1 I Artic•Ic car Pnrncrnplr 1~'rnrrbcr Inspection;, tests and approvals ................. 8.7. 13.4 Liability Insurance ................................... .~ Notice of Defects ................................... 13.1 Representati~•e-During Conswction, ENGlNEER's St;:tus ............ ................ 9.1 Respunsibifities- Asbestos. PCL3's. Petroleum, Hazardous 11'aste on Radioacti~ a ,taterial ... ...............8.10 Ch;+nce Orders .................... ................ 8.6 Chances in thz 11'url: ............... ............... 10.1 communications ................... ................8.1 CONTRACTOR'S responsibilitizs .. ................ 8.9 e~•idence of financial arrsn_ements . ............... 8.1 I inspections, teas and appro~~als .... ................ 8.7 Insurance ......................... ................ 8.5 Inds and easements ............... ................ 8.4 prompt pa}•ment b}• ................ ................ 8. replacement of ENGINEER ....... ................ 8.'_ reports and tests ................... ................ 8.4 stop or suspend 11'ork .............. .... 8.8, 13.10, .15.1 terminate CONTRACTOR'S sen•ices .......:;. R.B, 15.2 separate representative at site ........ ................ 9.3 independent testing .................. ............... 13:-1 use or occupancy of the 14'ork ........................... ......... 5.15. 1.1.10 written consent or appro~~~l required ........................ ....... 9.1, 6.3. 11.4 written notice . required ..........7.1.9.4. 9.11, 11.2, 11.9, 14.7, 15.4 PCB s- definition of ........................ ................ 1.29 general ............................. ................. 4.5 OWNER'S responsibility for ........ ................ 8.10 Partial Utilization- definition of ........................ ................ l.'_8 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, 1.1.13 Pa}ments to CONTRACTOR and Comp letion- Application for Progress Pa}ments .. ............. _.. 14.2 CONTRACTOR'S Warranty of Title . ................ 14.3 Final Application for Pa}•ment ....... ............... 14.12 Final(nspection .................... ............... 14.11 Final Payment and Acceptance ...... ......... 14.13-14.1.1 general ............................. .............. 8.3, 14 Partial Utilization ................... ............... 14.10 Retainage ........................... ................ 14.2 Review of Applications for Progress Payments ...................... ............ 14.4-14.7 prompt payment ................... .................. 8.3 Schedule of Values ................. ................. 14.1 Substantial Completion ............. ............ 14.8-14.9 Waiver of Claims .................. ................ 14.15 when payments due ................ .......... 14.4, 14.13 withholding payment ............... ................. 14.7 Performance Bonds ................... .............. 5.1-5.2 Permits ........~ ...................... ................. 6.13 • • • Pctroleu m Article or PnraFraplr • !Number definition of ........................................ 1.30 general .............................................. 4.5 O\b'NER's responsibility for ........................ 8.10 Physical Conclitions- Uracti•ines of, in or relatinc to ..................... 4.2.1.2 ENGINEER'S re~•ie~ti ..............................4.2.4 e~istin_ Stru~turcS .................................. 4.2.2 several ........................................... 4.3.1.2 Subsurface and ....................................... 4.2 Underground Facilities ............................... 4.3 Possible Contract Documents Chance ..............: 4.'_.~ Possible Price and Times Adjustments ..............•3.3.6 Reports and Drawings .............................. •1.2.1 Notice of DiRerinc Subsurface or . .................. 4.'_.3 Subsurface and Subsurface Conditions ............................ 4.'_.I.I Technical Data, Limited Reliance by CONTRACTOR Authorized .................... 4.2.2 Underground Facilities- general ..........................................4.3 Not Shoti•n or Indicated ....................... 4.3.2 Protection of ............................... 4.3,6.20 Shown orlndicated ............................ 4.3.1 Technical Data .....................................4.2.2 Preconstruction Conference ............................ 2.8 Preliminary Matters ...................................... 2 Preliminary Schedules ..................................2.6 Premises, Use of ................................. 6.16-6.18 Price, Change of Contract ............................... 11 Price, Contract-definition of .......................... 1.11 Progress Payment. Applications for .................... 1.1.2 Progress payment-retainage .......................... 14.2 Progress schedule, COIVTR.4CTOR's ..... 2.6, 2.8, 2.9, 6.6. 6.29, 10.4, 15.2.1 Project-deft nation of .................................. 1.31 Project Representative- ENGINEER's Status During Construction ............ 9.3 Project Representative, Resident ---definition of .......................... 1.33 prompt payment by 01\'NER ........................... 8.3 Property Insurance Additional ...........................................5.7 general .......................................... 5.6-5.10 Partial Utilization ...........................5.15, 14.10.2 receipt and application of proceeds ................................:. 5.12-5.13 Protection, Safety and ....................... 6.20-6.21, 13.2 Punch list ............................................ 14.11 Radioactive A4aterial- definition ........................................... 1.32 general ..............................................4.5 OWNER'S responsibility for ........................ 8.10 Recommendation of Payment .............. 14.4, 14.5, 14.13 Record Documents ............................. 6.19, 14.12 Records, procedures for maintaining ..........~ -..•..•. 2.8 Reference Points ..................•..................:..4.4 Reference to Standards and Specifications of Technical Societies ................................ 3.3 Arliclc or ParaSraplr iNrrntbcr Regulations. Lads and (or) ............................ 6.14 Rejecting Defecti~ e \1'or{: ............................... 9.6 `''' Related 11'ork- at Site ........................................... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review .................. 6.28 Remedies, cumulati~~e ............................ 17.4, 17.5 Removal or Correction of Defective \\'orF :.................................... 13.1 I rental agreements. O\\'~ER approval required ...................................... 11.4.5.3 replacement of E1G1\EER, by O\VNER .............. 8.2 Reporting and Resolving Discrepancies .... 2.5, 3.3.2, 6.14.2 Reports- and DraNines ...................•...................4.2.1 P y .................. and Tests, 011'NER's res onsibilit 8.4 Resident Project Representative- defi nation of ........................................ 1.33•. provision for ......................................... 9.3 Resident Superintendent, CONTRACTOR'S ......::..... 6.2 Responsibilities- CONTRACTOR's-in general ........................... 6 ENGINEER'S-in general ............................... 9 Limitations on .................................... 9.13 OWN ER's-in general .................................. 8 Retainage ............................................. 14.2 Reuse of Documents ................................... 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ...................... 6.2~ Review of Applications for Progress Payments ...................................... 14.4-14.7 Right to an adjustrner,t ................................ 10.2. Rights of \\'ay .......................................... 4.1 Royalties, Patent Fees and ............................. 6.12 Safe Structural Loading ............................... 6.18 Safety- and Protection .......4.3.2, 6.16, 6.18, 6.20-6.21, 7.2, 13.2 general ........................................ 6.20-6.23 Representative. CONTRACTOR'S ................... 6.21 Samples- definition of ........................................ 1.34 general ........................................ 6.24-6.28 Review by CONTRACTOR .........................6.25 Review by ENGINEER ....................... 6.26, 6.27 related Work ........................................ 6.28 submittal of ....................................... 6.24.2 submittal procedures ................................6.25 Schedule of progress ..... 2.6, 2.8-2.9, 6.6, 6.29, 10.4, 15.2.1 Schedule of Shop Drawing and Sample Submittals ....................... 2.6, 2.8-2.9, 6.24-6.28 Schedule of Values ........................ 2.6, 2.8-2.9, 14.1 Schedules- Adherence to ..................................... 15.2.1 Adjusting ............................................ 6.6 Change of Contract Times .......................... 10.4 Initially Acceptable ............................... 2.8-2.9 Preliminary ..................................... 2.6 ..... Scope of Changes .............................. 10.3-10.4 Subsurface Conditions .............................. 4.2.1.1 10 `~d Article or Paragraph ~op Drawines- IVtrntber and Samples. ceneral .................. ......... 6.2.1-6.28 Change Ordzrs fi Applications for payments. and .................... ........... 9.7-9.9 definition of .......................... .............. 1.35 ENGINEER'S :,ppro~•al of ............ ............. 3.6.2 ENGINEER'S responsibility for revie~~• .......................... ..... 9.7. 6.24-6.28 related Work .......................... ..............6.28 review proce~fur:s .................... ..... 2.8, 6.24-6.28 submittal required ..................... ............ 6.24.1 Submittal Proccdure~ ................. .............. 6.25 use to approve substitutions ........... ............. 6.7.3 Shown or Indicatzd ...................... .......... 4.3.1 Site Access ............................. .......... 7.2. 13.2 Site Cleanliness ......................... .............. 6.17 Site, Visits to- by ENGINEER ...................... ......:... 9.2. 13.2 by others ........................................... 13.2 "Special causes oC loss" policy form, insurance .......5.6.3 Specifications- .definition of ......................... ............... 1.36 of Technical Societies, reference to ... ..............3.3.1 precedence .......................... .............. 3.3.3 Standards and Specifications of Technical Societies .......................... ................ 3.3 Starting Construction. Before ........... ............ 2.5-2.8 carting the Work or Suspend N'ork- co • 2.4 p _• by CONTRACTOR .................. ............... 15.5 by 01WNER ......................... .... 8.8. 13.10. 15.1 Storage of materials 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 Subcontractors-in general ............ ............ 6.8-6.11 Subcontracts-required provisions ..... ...5.11, 6.11, 11.4.3 Submittals- Applications for Payment ........... ................ 14.2 Maintenance and Operation Manuals ............... 14.12 Procedures ......................... ................ 6.25 Progress Schedules ................. ............. 2.6, 2.9 Samples ....................................... 6.24-6.28 Schedule of Values ................. ............ 2.6, 14.1 Schedule of Shop Drawings and Samples Submissions .................... 2.6, 2.8-2.9 Shop Drawings ..................... ............ 6.24-6.28 Substantial Completion- certification of ..................... ... 6.30.2.3, 14.8-14.9 definition of ..... • • • • 1.38 Substitute Construction Aiethods or Procedures .......6.7.2 Substitutes and "Or Equal" items .... .................. ti.7 • CONTRACTOR's Expense ::::::::: ENGINEER'S Evaluation ::::::::::::: 6.7.1.3 6.7.3 ..Or-Equal" ........................ ................ 6.7.1 Substitute Construction Methods of Procedures ..... ti.7.2 Article ur Paragraph 1`'rurtber Substitute Items ............................ ...... 6.7.1.2 Subsurface and Physical Conditions- Dravti•ings of, in or relatinc to ............... ...... .3.2.1.2 ENGINEER'S Re~ie~~~ 4.2.4 general .................................... .......... 4.2 Limited Reliance by COtiTR.-ACTOR Authorized ............................ ........4.2.2 Notice of Differing Subsurface or Physical Conditions ........................ ........ 4.2.3 Physical Conditions .......................... ....... -3.2.1.2 Possible Contract Documents Chane~ ........ ......... 4.2.5 Possible Price and Tlm~i Adjustments ....... ......... 4.2.6 Reports and Drawings ....................... .........4.2.1 ............ ............ Subsurface and .......... 4._ ~ Subsurface Conditions at the Site .......... ....... 4.2.1.1 Technical Data ............................ ......... 4.2.3 Supen•ision- CONTRACTOR's responsibilit~• ........... ........... 6.1 OWNER shall not supzrvise .............. • • • • • • • • • • • 8.9 E\GINEER shall not supzrvise ........... . • • • 9.3, 9.13.2 Superintendence ............................ .. - ..... 6.2 Superintendent, CO\TR.~,CTOR's resident ........... 6.2 Supplemental costs .......................... ........ 11.4.5 Supplementary Conditions- definition of .............................. .......... 1.39 principal reference to .... 1.10. 1.18, 2.2, 2.7.4•'_.4.3, 5.1. 5.3. 5.4, 5.6-5.9, 5.1 I. 6.8. 6.13. 7.4, 8.11.9.3. 9.10 Supplementing Contract Documents ......... ........... 3.6 Supplier- definition of .............................. .......... 1.40 principal references to .................. 3.7, 6.5, 6.8-6.11. 6.20, 6?4, 9.13, 14.12 Waiver of Rights .......................... .......... 6.11 Surety- consent to final payment ...........'....... ... 14.12, 14.14 ENGINEER has no duty to .............. ........... 9.13 Notification of ........................... 10.1, 10.5, 15.3 qualification of ........................... ........ 5.1-5.3 Survival of Obligations ..................... ........... 6.34 Suspend Work, OWNER 1`tay .............. .... 13.10, I5.1 Suspension of Work and Termination- ..... ............. 15 CONTRACTOR hfay Stop \Vork or Terminate ............................. ........... 15.5 OWNER May Suspend V~'ork ............ ........... 15.1 OWNER May Terminate ............... ...... 15.2-15.4 Taxes-Payment by CONTRACTOR ......... ........... 6.15 Technical Data- Limited Reliance by CONTRACTOR ............... 4.2.2 Possible Price and Times Adjustments ... ...........4.2.6 Reports of Differing Subsurface and Physical Conditions ................... ........... 4.2.3 Temporary construction facilities ........................ 4.1 Termination- by CONTRACTOR ..................... ............ 15.5 by OWNER ............................ ... 8.8. I5.1-15.4 of ENGINEER'S emplo}•ment ........... ............. 8.2 Suspension of Work-in general .......... .............. I5 Terms and Adjectives ... .................. ............. 3.4 Tests and Inspections- r~ ~J • \_J Article or Pnrrrgroplr rVrrnrGer Acct a to the 1\'urk, by others ......................13.2 CONTRACTOR'S responsibilities .................... 13.5 cost of ............................. ................. 13.4 covering 1Vork prior to ............. ............ 13.6-13.7 Laws and Regulations (0+'1 ......... ................. 13.5 Nonce of Defects .................. ................. 13.1 O\\'NER i\lay Stop \\'ork .......... ................ 13.10 O\VNER's independent teiting ..... ................. 13.4 special, required by ENGI\EER ... .................. 9.6 timely notice required .............. ................. 13.4 Uncoverin_-the 1\'ork. at E\GINEE R's request ....................... ............. I~.S-13.9 Times- Adjustin g ............................................ 6.6 Change of Contract ................ ................... I2 Adjusting .......................... .................. 6.6 Computation of .................... ................. 17.2 Contract Times--iiefinition of ...... ................. I.I? day ............................... .................17.72 )\Silesto neS ........................ ................... 12 Requirements- appeals ....................... ................... 16 clarifications. claims and disputes ... ..........................9.11, 11.2. 13 commencement of contract times ................... 2.3 preconstruction conference ......................... '_.8 schedules ....................... .......... 2.6,x.9, 6.6 starting the \4'ork ............... ............... ... 2.4 Title, Warranty of ................... .................. 14.3 Uncovering V1'urk ................... ............. 13.8-13.9 Underground Facilities, Physical Cond itions- defi ninon of ...................... .................. 1.41 iv`ot Sho,~•n or Indicated ........... ................. 4.3.2 protection of ................................... 4.3. 6.20 Shown orlndicated ............... ................. 4.3.1 Unit Price Work- claims ............................ ................ 11.9.3 definition of ...................... .................. 1.42 general ........................... ....... 11.9. 14.1, 14.5 Unit Prices- general ........................... ................ 11.3.1 Determination for ................. .................. 9.10 Use of Premises .................... .... 6.16, 6.18, 6.30.2.4 Utility owners ...................... 6.13, 6.20, 7.1-7.3, 13.3 Artic(c~ or Parcr~rnplr 1\'rrmher Utilization. P~+rtial ............... I.'_4. 5.1 ~, 6.30, 2.4, 14.10 Value oflhe \\'ork ..................................... 11.3 Values, Schedule ul' ..................... .. '_.6, 2.8-2.9, 14.1 Variations in \\'ork-Minor Authorized ............................ ....6.25, 6.2 i, 9.5 Visits of Site-by' ENGINEER .......... ............... 9.2 \Vaiver of Claims•un Final Pa,~m ent .............................. ............. 14.15 \Vaiver of Rights by insured parties ...... ......... 5.11.6.1 I Warranty and Guarantee, General-by CO\TR.~,CTOIt ...................... ..............6.30 Warranty of Title. CONTRACTOR'S ..... .............. 14.3 \\'ork- Accessta ............................. .............. 13•'- by others . ............................ ................. 7 Chances in the ....................... ................ 10 Continuing the . ....................... ..............6.39 CONTRACTOR Clay Stop \\'ork or Terminatz ..................... .............. 15.5 Coordination of ...................................... 7.4 Cost of the ........................... . . ...... 11.4-11.5 definition of .......................... .............. 1.43 neglected by CONTRACTOR ......... ............. 13.14 other Work ........................... ................. 7 O\VN E R 1\tay Stop 1Vork ............. ............. 13.10 O\\'NER i•tay Suspend \\'ork ......... ........ 13.10, 15.1 Related, Work at Site ............~ ..... ............ 7.1-7.3 Starting the .......................................... 2.4 Stopping by CONTRACTOR ........................ 15.5 Stopping by 01\'NER ................ .......... 15.1-15.4 Variation and deviation authorized, minor ........................................... 3.6 \1'ork Chance Directive- claims pursuant to ................... ............... 10.2 definition of ......................... ............... 1.44 principal references to ................ .... 3.5.3, 10.1-10.2 Written Amendment- definition of ......................... ............... 1.45 principal references to ... 1.10, 3.5. 5.1 0, 5.12, 6.6.2, 6.8.2, 6.19,10.1,10.4,11.2, 12.1,13.12.2,14.7.2 Written Clarifications and Interpretations ........................... 3.6.3, 9.4, 9.11 Written Notice Required- by CONTRACTOR ........ 7.1, 9.10-9.1 I, 10.4, 11.3, 12.1 by OWNER ....................9.10-9. 11, 10.4, 11.2, 13.14 12 ~. GENERAL CONDITIONS .ARTICLE I-DEFINITIONS Wherever used in these General Conditions or in the other Contract Du~uments the follu~~ing terms have the mzanings indicated which are applicable to both the sincular and plural thereof: 1.1. Adclrrrdcr-1~'ritten or graphic instrumenU issued prior to the opening oC Bids which clarify. correct or change the Bidding Requirent°_nts or the Contract Documents. 1?. Agreement-The written contract between OWNER and CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement and made a part thereof as provided therein. 1.3. Applicnrion jot Pnynrent-The Corm 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-Anv material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the .United States Occupational Safety and Health Administration. 1.5. Bid-The offeror proposal of the bidder submitted on the prescribed form setting forth the prices for the work to be performed. 1.6. Bidding Docrrnrents-The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Regrrirenrents-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 authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Docrrmertt:,-The Agreement, Addenda (which pertain to the Contract Documents), CONTRACT'OR'S Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of • Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specifically identified in the Agree- ment, together with all Written Amendments. Chan~_e Orders. Work Change Directives, Field Orders and ENGINEER'S written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.'_6 and 6.37 and the reports and draw~in~_s referred to in paragraphs 4'.1.1 and 4.2.'_.3 arc nut Contract Documents. I.1-I. Contract !'rice-The moneys payable by O`VN ER to CONTRACTOR for completion of the ~~'ork in accordance with the Contract Documents as state) in the Acreement (subject to the prop isions of paragraph 11.9.1 in the cage of Unit Price 1~'ork). 1.12. Conrrnct Tinres-The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion. and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER'S written recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR-The person, firm or corporation with whom OWNER has entered into the Agreem"c{nt. 1.14. dejecria•e-An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Docu- ments, or does not meet the requirements of any inspection, reference standard, test or approval .referred to in the Contract Documents, or has been damaged prior to ENGI- NEER'S recommendation of final payment (unless responsi- bilityfor the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drarti•ings The drawings which show the scope. extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effecti-•e Date ojtlre Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER-The person, firm orcotporation named as such in the Agreement. 1.18. ENGINEER'S Consultant-A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER'S independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order-A written order issued by ENGINEER which orders minor changes in the V~'ork in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or the Contract Times. 13 • U L' I.'_0. Gcrrc•rul Rcyrrircnrc•r;u-Sections of Division I of the Specifications. 1.21. Nu;.nrdons IVasrc-The term Hazardous Waste shall ha+e the meaning provided in Section 100.3 of the Solid Waste Disposal Act (-33 L'SC Section 6903) as amended from time to time. 1.22. Laee•s and Rcbularions: Lme•s or Re•grrlarioru-Any and all applicable: I;t++•s, rules. regulations, ordinances. codes and orders e~f any and all co+~ernmental bodies. agencies, authorities and courts having jurisdiction. 1.23. Liens-Liens, charces. security interests or encum brances upon real property or personal property. 1.24. Alilrstune-A principal e+ent specified in the Con- tract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. 1.25. IYutic•e of A~rard-The written notice by 0«'\ ER 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 delir•er the Agreement. 1 ?6. Notice toProceed-A written notice given by OWN ER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR'S obligations under the Contract Documents. 1.27. O1ti'A'ER-The public body or authority, corpora- tion, association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utili;.ation-Use by OWNER of a substan- tiallycompleted part of the 11'ork for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs-Polychlorinated biphenyls. 1.30. Petroleum-Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 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. Projec•r-The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioacri-•e Alnterial-Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 201 I et seq.) as amended from time to time. 1.33. Rcsiclerrr Projc<•r Rcprescrrratie•c- The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Scrrrrp/cs-Physicalexamplesofmaterials.equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.3~. Shop Drun•ir~;~s-.411 drawings, diagrams, illustra- tions, schedules and other data or information which are specifically prepared or assembled by or fur CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specificerriorrs-Those portions of the Contract Doc- uments consisting of written technical descriptions of materi- als,equipment, construction systems, standards and ~vorkman- ship as applied to the Work and certain administrative details applicable thereto. 1.37. Srrbcorrtrcrc•ror-An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Substantial Corrrplerion-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 Substantial Completion, it is sufficiently com- plete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER'S written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or • • part of the 1Vork refer to Substantial Completion thereof. 1.39. Srrppfen:errtar~• Corrdiri'orrs-The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier-A manufacturer, fabricator, supplier, dis- tributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to fumish materi- als or equipment to be incorporated in the Work, by CON- TRACTOR or any Subcontractor. 1.41. UndergrorrndFaciliries-All pipelines,conduits,ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price t~•"ork-Work to be paid for on the basis of unit prices. 14 1.43. Work-The entire completed construction or the var- ous separately identifiable parts thereof required to be fur- `tished under the Contract Documents. H'ork includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into t}te construction. and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. l4ork Chnn~e Directirc-A ~t~ritten directive to CON- TRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- tions under which the 11'ork is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive «•ill not change the Contract Price or the Contract Times, but is evidence that the parties expect that the change directed or documented by a 1Vork Change Direc- tive will be incorporated in a subsequently issued Change Order following negotiations by.the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. W'ritte~r Amendment-A written amendment of the Contract Documents, signed by OWN ER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Uocu- • ments. .~ ARTICLE 2-PRELIMINARY h1ATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copiet of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement ojContract Times; Notice to Proceed: 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement, or, ifs Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. !n no event will the Contract Times commence to run later than the sixtieth day after the day of Bid openinc or the thirtieth day after the Effective Date of the Agreement. «hichever date is earlier. Starting the tiSbrk: 2.4. CONTRACTOR shall start to t+erform the 11'ork on the date when the Contract Times commence to run. but no ~~'ork shall be done at the site prior to the date on ~~ hich the Contract Times commence to run. Before Starting Catstruction: 2.5. Before undertaf:in_ each part of the «'ork. COV- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures sho~~~n thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity or discrepancy ~ehich CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure tn,report any conflict, error, ambiguity or discrepancy in the Contract Doc- uments, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effecti~ a Date of the Agree- ment (unless otherwise specified in the General Requirements). CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required submittal and the times for submitting. reviewing and processing such submit- tal; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to sen•e as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.7. Before any ~~'ork at the site is started. CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Condi- tions,certificates ofinsurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with para- graphs 5.4, 5.6 and 5.7. Pnconstruction Conference: 2,8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference 15 • • • attended by CONTRACTOR. ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the 11'ork and to discuss the schedules referred to in paragraph 2.6. procedures fur handling Shop Drawings and other submittals. processing Applications for f}ayment and maintaininc required records. lritia!!y Acceptable Sclredu(es: ?.9. Unless uthen~~ise provided in the Contract Docu- ments, at least tzn da}•s before submission of the first Applica- tion for Pa}•ment a conference attended by CONTRACTOR. ENGINEER and others as appropriate will be held to re~ie~~ fur acceptability to ENGINEER as provided below the sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the 11'ork to completion within any specified Milestones and the Contract Times, but such acceptance swill neither impose on ENGI- NEERresponsibility forthesequencing, schedulingorprogress of the 11'ork nor interfere with or relieve CONTRACTOR from CONTRACTOR'S full responsibility therefor. CONTRACTOR'S schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a H•orkable arrange- ment for reviewing and processing the required submittals. CONTRACTOR'S schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3-CONTRACT DOCUMENTS: INTENT, AAfE1v'DING, REUSE lnterttt: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; N•hat is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have swell- known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. ~y 3.3. Reference to Standards and Spec(ficat(ons of Teclrnical Societies; Reporting acrd Reso(r•(rrg Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of an}• technical so~iet}•, organization or association, or to the La~•s or Regulations of an}• cu~•ernmental authorit}•, ~~hether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opining of Bids (or, on the Effective Date of the A_reement if there were no Bids), except as may be othen~ise specifically stated in the Contract Documents. 3.3.3. If, during the performance of the 11'ork, CO\- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the Contract Documents and an}• provision of any such Law' or Regulation applicable to the performance of the 1Vark or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in ~ paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed with the 1~'ork affected thereby (except in an emergency as authorized by paragraph 6.33) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, hoN•ever, that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report an}• such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indi- cated in paragraph 3.5 or 3.6, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. 'the provisions of any such standard, speci- fication, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such LaH•s or Regu- lations applicable to the performance of the 11'ork (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities ofOWNER. COIdTRAC'I'ORor ENGIN EER, or any of their subcontractors, consultants, agents, or em- ployeesfrom those set forth in the Contract Documents, nor shall it be effective to assign to OWNER, ENGINEER or any of ENGINEER'S Consultants, agents or employees any duty or authority to supervise or direct the furnishing or 16 performance of the ~1'urk or any duty or authority to under- take responsibility inconsistent with the provisions of para- ~aph 9.13 ur any other provision of the Contract Ducu- ents. 3.4. N'hen~+~er in the Contract Documents the terms "as ordered; ' "as Directed." "as reyuired." "as allo+ved." "as appro+ed" or terms of like effect or import are used, or the adjectives "r•eason:~ble: ' "suitable: ' "acceptable; ' "proper" or "satisfactory" or adjectives of like effect or import are used to describe a reyuir~ment, direction, review or jtrde- ment of cNGINEER as to the Work. it is intended that such requirement, direction, review or judgment will be solely to evaluate, in General, the completed 1Vork 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 sho++'n 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 authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provi- sions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Corrrracr Docrunerrrs: 3.5, The Contract Documents may be amended to provide additions. deletions and revisions in the \Vork or to modify e terms and conditions thereof in one or more oti the following ways: 3.5.1. a formal Written Amendment, 3.5.3. a Change Order (pursuant to paragraph 10.4), or 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized. in one or more of the following ways: 3.6.1. a Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER'S approval of a Shop Drawing or Sample !pursuant to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER'S written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse ojDocrrments: 3.7. CONTRACTOR, and any Subcontractor or Supplier ,r other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drawings. Specifications ar other documents (or copies of any thereof) prepared by or bearing the seal of E\GINEGR or ENGINEER'S Consultant.:tnd tii) shall not reuse any of such Dra++•ings, Specifications. other documents or cupie; rn extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific ++ritten verification or adaption by E\GINEER. ARTICLE 4-AVAILAB1LITl' OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS Ar•ailabiliq• of Lands: 4.1. OWNER shall furnish. as indicated in the Contract Documents, the lands upon which the 1~'ork is to be performed. rights-of-w•ay and easements for access thereto, and such other lands which are designated fur the use of CONTRACTOR. Upon reasonable written request. O~~'NER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER'S interest therein as necessary for giving notice of or filing a mechanic's lien a_ainst such lands in accordance with applicable Laws and Regulations. OWNER shall identify. any encumbrances or restrictions not of general application but specifically related to use of~lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. 1fCONTRACTOR and O\VNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER'S furnishing these lands, rights-of-w'ay or easements. CONTRACTOR may make a claim therefor as provided in Articles 11 and 12. CONTR.~CTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and PR~•sical Conditions: 4.2.1. Reports and Drnrt•irrgs: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rationsand 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. Plq•sical Corrdirivrrs: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. 17 i • 4.2.2. Lurrited Reliance h~' CONTRACTOR Arr:lrori;.ed; Tec/rnica( Data: CONTRACTOR may rely upon the General accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data: ' CONTRACTOR may not rely upon •or make any claim against OWNER, ENGINEER or any of ENGII\EER's Consultants ++ith respect to: -t.2.2.1. thz completeness of such reports and dra++ins For CONTRACTOR'S purposes. including, but not limittd to, any aspects of the means, methods, techniques. se- quences and procedures of construction to be emplo}~ed by CONTRACTOR and safety precautions and programs inci• dent thereto. or 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion dra+vn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice of Dijjerirr~ Srrbsrrrjace or Ph~•sica( Condi- tions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then • 4.2.4. ENGINEER'S Ret'ie-+•: ENGINEER will promptly review the pertinent conditions, determine the- necessity of OWNER'S obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Pvssi6(c Cnntruc•t Uncumcnts Change: If ENGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.'_.3..:r Work Change Directive or a Change Order++•ill be issued as provided in Article 10 to reflect :end document the consequences of such change. 4.3.6. Possible Price and Tinu~s Adjrrstnrc~nts: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes an increase or de- crease in CONTRACTOR'S cost of, or time required for performance uf, the ~~'urk: subject, however, to the following: 4.2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4, inclusive; 4.2.6.2. a chance in the Contract Documents pursuant to paragraph 4.2.5 will not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CO\TRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRAC'T'OR made a final commitment to O~VN ER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4:2. the existence of such condition could rea- sonably have been discovered or revealed as a result of any examination, investigation, exploration, test or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR'S making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 11 and 12. However, OWNER, ENGINEER and ENGINEER'S Consult- ants shall not be liable to CONTRACTOR for any claims, costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions-Underground Facilities: 4.3.1. Slrox•n or Indicated: The information and data shown or indicated in..the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on 18 information and data famished to OWtiER or ENGINEER by the owners of such Underground Facilities or by others. Unless it ` ~therwise expressly provided in the Supplementar}• Conditions: 4.3.1.1. OWNER and ENGINEER shall nut be rtsp~n- sible for the accuracy or eompletzness of any such informa- tion or data; anal 4.3.1.2. The cost of all of the follo++ine ++ill be included in the Contract Price and CONTRACTOR shall ha+•e full respon- sibility for: (i) revie++~ing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contr.,ct Documents, (iii) coordination of the 1Vork with the owners of such Underground Facilities during construction. and (iv) the safety and protection of all such Underground Facilities as pru+ided in paragraph 6'0 and repairing am• dama;e thereto resulting from the 1~ork. 4.3.2. Nor Sho,rrr orlndicated: If an Underground Facility is uncovered or re+ealed at or contiguuus to the site which ++as not shown or indicated in the Contract Documents, CON- TRACTOR shall, promptly after becomin; aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection therewith (except in an emergency as required by paragraph 6..3), identify the o++•ner of such Underground Facility and give written notice to that. owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract ~ Documents to reflect and document the consequences of the trstence of the Underground Facility. If ENGINEER con- udes that a change in the Contract Documents is required, a 1Vork Chance Directive or a Change Order will be issued as provided in Article 10 to reflect and document such conse- quences. During such time, CONTRACTOR shall be respon- siblefor the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be al- lowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that w•as not shown or indicated in the Contract Documents and that CON- TRAC'P~R did not i:now of and could not reasonably have been expected to be aware of or to have anticipated. if OWNER and CONTRACTOR are unable to agree on entitle- ment to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles I 1 and 12. However, OWNER, ENGINEER and ENGINEER'S Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER'S ~~ 'udgment are necessary to enable CONTRACTOR to proceed iith the Work. CONTRACTOR.shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of U«'NER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary chances in grades or locatives, and shall be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. 4.5. Asbestos, PCBs, Petroleum, Hazardous ~~'aste or Radio- actir•c Alaterial: 4.5.1. OWNER shall F>e responsible for any Asbestos. PCBs, Petroleum, Haz<rdous «:ute or Radiu:,cti+•e Material uncovered or re+•ealed at the site which ++as not sho++n or indicated in Dra++ings or Spzcifications or identified in the Contract Documents to bz within the scopz of the ~~'orl: and which may present a substantial danger to persons or property exposed thereto in connection with the «ork at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppli- ers or anyone else for whom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such hazardous condition and' in any area affected thereby (except in an emergency as re- quired by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for O~V'NER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after O\V'NER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice: (i) specif~~ing that such condition and any affected area is or has been rendered safe for the resumption of V~'ork, or (ii) specifying any special conditions under which such Work may be resumed safely. if O\VNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such V1'ork stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed, either party may make a claim therefor as provided in Articles 11 and 12. 4.5.3. if after receipt of such special written notice CONTRACTOR does not agree to resume such V1'ork based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such hazardous condition or in such af- fected area to be deleted from the V~'ork. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 1l and 12. OWNER may have such deleted portion of the Work performed by OWNER'S own forces or others in accordance with Article 7. 4.5.4. To the fullest extent permitted by Laws and Reg- ulations,OWNER shall indemnify and hold harmless CON- TRACTOR, Subcontractors, ENGINEER, ENGINEER'S 19 • r ~ Consultants and the officers, directors, employees, agents. other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition. provided that: (i) any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the V~ork itself), including the loss of use resulting therefrom. and (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's otin negli- ~~enee. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are n~~t intended to apply to Asbestos. PCBs, Petroleum. Hazardous Waste or Radioactive I`laterial uncovered or repealed :tt [he site. ARTICLE S-BONDS AND INSURANCE Performance, Payment and Other Bonds: S.I. CONTRACTOR shall furnish Performance and Pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one pear after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Opera- tions, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. if the surety on any Bond furnished by CONTRAC- TOR isdeclared abankrupt orbecomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph S.l ,CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and fnsuren; Certificates of lnsurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in tl~e juris- diction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and incur:rnce companies shall also meet such additional requirements and qualifications as may be pro- vided in the Supplementary Conditions. 5.3.3. CO\TR.~CTOR shall deliver to OWtiER, with copies to each additional insured identified in the Supple- mentary Conditions. certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) ~~hich CONTRACTOR is required to purchase and maintain in accordance with paragraph 5.y. OWNER shall deliver to CONTRACTOR. with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other addi- tional insured) ~~hich O«'tiER is required to purchase and maintain in accordance ~~ ith paragraphs 5.6 and 5.7 hereof. CO:~TR4CTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the 1Vork 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 ~l'ork and CONTRACTOR'S other obligations under the Con- tract Documents, whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the ~~'ork. or by anyone for whose acts any of them may be liable: 5.4.1. claims under workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims fur damages because of bodily injury, oc- cupational sickness or disease, or death of CONTRAC- TOR'S employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON- TRACTOR'S employees: 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason: 5.4.5. claims for damages, other than to the 11'ork itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any,.person or property damage arising out of the ownership, maintenance or use of any motor vehicle. '_0 `~ The policies of insurance so required by this paragraph 5.4 to purchased and maintained shall: 5.4.7. +vith 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- sionalliability) OWti F;R, ENGINEER. ENGINEER'S Con- sultants and any other persons or entities identified in the Supplementary Conditions, all of +vhom shall be listed as additional insureds. and include co+•er:tge for the respective officers and employees of afl such additional insureds; 5.4.8. include the specific coverages and be ~+ritten for not less than the limits of liability pru+•ided in the Supple- mentary Conditions or required by La+vs or Regulations, whichever is greater: 5.4.9. include completed operations insurance: 5.4.10. include contractual liability insurance covering CONTRACTOR'S indemnity oblications under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded ~+•ill not be cancelled. materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so pro- vide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing, removing or replacinc defec•ri+•e «'ork in accordance with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least t++•o years after final payment (and.CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issue;! evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER'S Liability Insurance: 5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4, OWNER, at OWNER'S option, may purchase and maintain at OWNER'S expense OWNER'S own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. 'roperty Insurance: _ 5.6. Unless otherwise provided in the Supplementary Con- ditions, OWNER shall purchase and maintain property insur- ante upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by La++s and Regulations). This insurance shall: 5.6.1. include the interests of OIVNER, CONTRAC- TOR, Subcontractors. EtiGI~'EER. ENGI\EER's Con- sultants and any other pers~~ns or entities identified in the Supplementary Conditions. each of ++•I~um is deemed to h;i+•e an insurable interest and shall be listed as an insured or additional insured: 5.6.2. be +vritten on a Builder's Risk "all-risk" or open peril or special causes of Toss policy form that shall at least include insurance for physical loss or damage to the Work. tzmporary buildings, false+vork and 1~'ork in transit and shall insure against. at least the follo++•inc perils fire, lightning, extended coverage, theft, +•andali~m and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of La+vs and Regulations, ++•ater damage, and such other perils as may be specifically required by the Supplementary Conditions; 5.6.3. include expenses incurred in the repair or replace- ment of any insured property (including but not limited to fees and charges of engineers and architects); 5.6.4.. cover materials and equipment stored at the site or at another location that ++•as agreed to in ++•riting by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Applica- tion for Payment recommended by ENGINEER; and 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CON- TRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR,Subcontractors.ENGINEER, ENGINEER'S Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. 5.8. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.11. 21 • • 5.9. OWTER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors or others in the 1Vork to the ettent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such iden- tified deductible amount, will be borne by CONTRACTOR. Subcontractor or others suffering any such loss and if any of tc:m wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraphs 5.6 or 5.7, OWNER shall, if possi- ble, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or 1Vritten Amendment. Prior to commencement of the Work :it the site, OWNER shall in writing ad+•ise CONTRACTOR whether or not such other insurance has been procured b}• OWNER. 5.11. lliu-•er ojRiglrts: 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragtaphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultan[s and all other per- sons orentities 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 riches of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors. employees and agents for all losses and damages caused by. arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER'S Consultants and all other persons orentities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER'S Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use . or other consequential loss extending beyond direct phys- ical loss or damage to OWNER'S property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 5.11.2?. luss or damage to the completed Project or part there~~f cawed b+. arising out of or resulting from fire or other insure) peril co+•ered b} any property insurance maintained on the a~mpleted Project or part thereof by 0~4'NFR during partial utilization pursuant to paragraph I-t.10, after subst:~ntial completion pursuant to paragraph I-t.3 or after fin::! payment pursuant to paragraph 14.13. Any insurance pulicy m:~int:pined by 01VNER co+erin_ any loss, damage or consequential loss referred to in this paragraph 5.11.'' shall contain pr+~+isions to the effect that in the event of payment of an}' such loss. damage or consequential loss the insurers will ha+e no rights of reco+ery against .any of CO\- TRACTOR, Subcontractors. ENG WEER. ENGINEER'S Con- sultants and the officer, directors. employees and agents of am• of them. Receipt and Application of Insurance Proceeds 5.1?. .4ny 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 ofany applicable mortgace clause and of paragraph 5.13. 01VNER shall deposit in a separate account-any money so received, and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached the d:~ntaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the 1Vork and the cost thereof covered b}• an appropriate Chance Order or 1Vritten Amendment. 5.13. OWNER as fiduciar}• shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to 0«'N ER's exercise of this power. If such objection be made, O«'` ER 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 parries in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in ~+~riting by any party in interest, OWNER as fiduciary shall give bond for the proper perfot~rtance of such duties. Acceptance ojBonds 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 part}' 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 3.7.OWN ER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any chance in the required coverage.ll'ithout prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expe-rase of the party who was 22 required to pro~•ide such coverage, and a Change Order shall issued to adjust the Contract Price accordingly. Partial C`tili;~tior+-Property Insurance: 5.15, If O11'tiFR finds it necessary to occupy or use a portion or portion. of the \t'ork prior to Substantial Completion of all the 11'ork. such use or occupancy may be accomplished in accordance a ith p:tracraph 14.10; provided that no such use or occupant} shall commence before the insurers providing the property insurance have acknowled_ed notice [hereof and in writing effected an}' chan_es in coverage necessitated thertby. 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 car occupancy. ARTICLE (CONTRACTOR'S RESPONSIBILITIES Supen•ision and Srrperirrtendence: 6. I . CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention `tereto and applying such skills and expertise as may be Necessary to perform the \\'ork in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences and procedures of construction, but CO\'TRACTOR 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 1Vork 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, u•ho shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR'S representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, !1aterials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qual- ified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except s otherwise required for the safety or protection of persons or the 1Vork 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 u-ill not permit o~~ertime work or the perfor- mance of 1Vork on Saturday. Sunda}- or any legal holiday without OIVNER's written consent given afttr prior ~+•ritten notice to ENGI\EER. 6.4. Unless o,hen~ise specified in the General Require- ments, CONTRACTOR shall furnish and assume full re~pon- sibility for all materials, equipment. labor, transport: tion. con- struction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone. water, sanitary facilities. tempo- rar}• facilities and all other facilities and incidentals necessary for the furnishin=. performance, testing. start-up and comple- tion of the 1Vork. 6.5. All materials and equipment shall he of good quality and new, except as otherwise provided in the Contract Doctt• menu. All warranties and guarantees specifically called for b}• 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 itiStructions of the applicable Supplier, except as othen~•ise pro~~ided 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. CO\TRACTOR 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 hilestones). Such adjust- ments will conform generally to the progress schedule then in efFect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "t7r-Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and qualit}• required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or-equal" item or no substitution is pet~rtitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 23 • • • 6.7.1.1. "Or-Equrrl": If in ENGINEER'S sole discre- tion an item of material or equipment proposed by CON- TRACTOR is function:~lly equal to that named and suffi- ciently similar so th:~t no chance in related 1Vork will be required, it may be considered by ENGINEER as an "or-equal" item, in ~~ hich 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?. Srrhsrirrue lrcnrs: If in ENGINEER'S sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or-equal" item under subparagraph 6.7.1.1. it ~~•ill be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cientinformation asprovided below to allow ENGINEER to determine that the item ~~f material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the Collo~ving 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 ~~•ill 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 uce 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 Etpense: All data to be provided by CONTRACTOR in support of any proposed "or-equal" or substitute item will be at CONTRACTOR'S expense. 6.7.2. Subsrirrrre Corrsrruc•rivn Alerlrods 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. COti- 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 Erulruuiort: ENGINEER will be allo~tied a reasonable time µ~ithin which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or- equal" or substitute µ•i11 be ordered, installed or utilized without ENGINEER'S prior written acceptance which ~+•ill be evidenced by either a Change Order or an approved Shop Dra~•ing. OWNER may require CONTRACTOR to furnish at CONTRACTOR'S expense a special performance guarantee or other surety with respect to any "or-equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER'S Consultants in evaluating substitutes proposed or submitted b}• CONTRACTOR pursuant to paragraphs 6.7.1.2 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 Subconaaclors, Suppliers and Orhen: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWN ER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER'S or ENGINEER'S acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such 24 a i~ substitution :end an appropriate Change Order will be issued or 1Vritten Amendment sicned. No acceptance by OWNER •or ENGI\ EER of:rny such Subcontractor. Supplier or other person or organization shall constitute a +vaiwer of any right of O\\'EER ~r ENGINEER to rzject dc.~rrrirc \I'ork. 6.9.1. CO~TR.4CTOR shall be fully responsible to OWNER and E\GINEER for all acts and omissions oC the Subcontr:rcton. Suppliers and other persons and organiza- tions peiformin_: or furnishing:tny of the \Vork under a direct or indirect contract +with CONTRACTOR just as CON- TRACTOR is responsible fur CONTRACTOR'S o+wn acu and rmission~. Nothing in the Contract Documents shall create fur the h~nefit of any such Subcontractor. Supplier or other person rr organization any contractual relationship between O\\'N ER or ENGINEER and any such Subcon- tractor. Supplier or other person or organization. nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier or other person or organi- zation except as m;ry otherwise be required by Laws and Regulations. • 6.9.'_'. CONTRACTOR shall be solely responsible for scheduling and coordinating the \Vork of Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the \Vork under a direct or indirect contract ~+•ith CONTRACTOR. CONTRACTOR shall require all Sub- contractors, Suppliers and such other persons and organiza- tions performing or furnishin; any of the \1'ork to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawwines shall not control CON- TRACTOR in dividing the \Vork among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.1 I. All \Vork 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 ++•ho is listed as an additional insured on the property insurance provided in paragraph S.6 or 5.7, the agreement between the CONTRACTOR and the Subcontractor or Supplier Will con- tain provisions ++•hereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER'S Consultants and all other additional insureds for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR ++•ill obtain the same. °atent Fees and Ro~•alties: - 6.12. CONTRACTOR shall pay all license fees and royal- tiesand assume all costs incident to the use in the performance of the \Vork or the incorporation in the \Vork of any invention. design, process. product or device +which is the subject of patent rights or copyrights held by others. If a particular invention, design, process. product or de+ ice is specified in the Contact Documents for use in the performance of the \Vork and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights ar copyrichts calling for the payment of any license fee ar royalty to others, the existence of such rights shrill be disclosed by O\\'NER in the Contract Documents. To the fullest extent permitted by La++s and Rzeu!ations. CONTRACTOR shall indemnify and hold harm- Itss O\VVER. ENGI\EER. ENGINEER'S Consultants and the officers, directors. employees. agents and other consultants of each and any of then; from and against all claims, costs. losses and damages arising out of or resulting from any infringement of patent rights ur copyri_hts incident to the use in the performance of the \Vork or resulting from the incorpora- tion in the 1Vork of any invention. desi~:n, process, product or device not specified in the Contract Documents. Permits: 6.13. Unless other++•ise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction permits and licenses. 01VNER shall assist CON- TRACTOR, ~~hen necessan~. in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary fur the prosecution of the \Vork, H hich are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility o++ners for connec- tions to the 1Work, and O\V\ ER shall pay all charges of such utility o++•ners for capital costs related thereto such as plant investment fees. LaK•s and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the µ'ork. 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 V4'ork 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; hoµ•ever, it shall not be CONTRACTOR'S pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRAC- TOR'S obligations under paragraph 3.3.2. Tares: 6.IS. CONTRACTOR shall pay all sales, consumer, use and other similar taxes rzquired to be paid by CONTRAC'POR in accordance with the LaH~s and Regulations of the place of 2S • the Project ++hich arc applicable during the performance of the the Work, these record documents. Samples and Shop Draw- 11'ork. ings will be delivered to E\GINEER fur 01VNER. ~~. • • Use ojPremises: 6.16. CONTRACTOR sha!I confine construction equip- ment, the storage of materials and equipment and the opera- tions of ++•orkers to the site and land and areas identified in and permitted by the Contract Documents and other land and areas permitted by La++s and Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises ++ith construction equipment or other materials or equipment. CONTRACTOR sh::ll assume full responsibility for any dam- a_z to any such land or arts. ~~r to the o++•ner or occupant thereof or of any adjacent lan,i or areas, resulting from the performance of the Work. Should an}• claim he made by an}' such o++~ner or occupant because of the performance of the 1i'ork, CONTRACTOR shall promptly settle ++ith such other party by negotiation or otherwise resolve the claim by arbi[ra- tion or other dispute resolution proceeding or at law•. CO\- TRACTOR shall, to the fullest extent permitted by La++~s and Regulations, indemnify and hold harmless 011'NER, 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 o++ner or occupant against 01VNER. E\GINEER 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 11'ork, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the 11'ork CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and read}• for occupancy by OIVNER at Substantial Completion of the 1Vork. CONTRACTOR shall restore to original condition ail property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Dra++•ings, 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 Safety and Protection: 6.20. CONTRACTOR shall be responsible fur initiatin;. maintaining and supervising all safety precautions and pro- grams inconnection ++•ith the 11'ork. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injur}• or loss to: 6.20.1. all persons on the 11'ork site or ++ho ma}• be affected b~• the 11'ork; 6.20.2. all the 11'ork and materials and equipment to be incorporated therein. ++hether in storage on or oft`the site; and 6.20.3. other propert}• at the site or adjacent thereto, including trees, shrubs. lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply ++•ith all applicable Laws and Regulations of any public bod}• having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, ' and shall cooperate with them in the protection, removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER'S Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACTOR'S duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). Safety Representative: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and 26 responsibilities shall be the pre~•ention of accidents and the .maintaining and supervising of safety precautions and pro- grams. Na;1:rd Communication Progrmns: 6.22. CONTRACTOR shall be responsible fee coordinating any exchange of material safety data sheets or other hazard communication information required to be madz available to or erchan_ed bet~~een or among en•,ploy~ers at the site in accur- dance with La~~s or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the 1~'ork or property at the site er adjacent thereto, CONTRACTOR, without special instruction or au- thorization from OIVNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CON- TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. if ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.Z1. Shop Dra>,•ings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will 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 criteria, materials and similar data to show ENGINEER the materi- alsand equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The num- bers of each Sample to be submitted will be as specified in the Specifications. 6.25: Submittal Procedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple, CONTRACTOR shall have determined and verified: 6.25.1.1. all fielJ rizasurement;. quantities. dimen- sions, specified performance criteria. installation require- ments, material;. r~tt~loL numbers and similar information with respect thcrcto. 6.35.1.3. all m:iteri:il: ~~ ith respect to intended use, fabrication, shipping, h:tndlins, storace. assembly and installation pertainims to the performance ot'the Work, and 6,25.1.3. all information relati~•e to CONTRACTOR'S sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction :end safety precautions and pcocrams incident thereto. CONTRACTOR shall alto have revie«ed and coordin:~ted each Shop Drawing or Sample ~~ ith other Shop Drn~~~ings and Samples and with the requirements of the «'ork and the Contract Documents. 6.25.2. Each submittal w-ill bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR'Sobligations under the Contact Documents with respect to CONTRACTOR'S re~~ie~~ and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a v: ritten 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 appro~•e Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER'S review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER'S review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, se- quence or procedure of construction is specifically and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER'S review and approval of Shop Draw- ings orSamples shall not relieve CONTRACTOR from respon- sibilityfor any variation from the requirements of the Contract 27 U.~:uments unless CONTRACTOR has in writing called EN- GINEER'S attention to each such variation at the time of •~abntission as required by paragraph 6.23.3 and ENGINEER • ;~;~s gi+•en ++ritten approvtl of each such variation by specific ++ritten notation thereof incorporated in or accompanying the Shop Drawing or Samplz approval; nor ++•ill any approval by f=~GINEER relieve CONTRACTOR from responsibility for c~.r.rlyin~ ++•ith the requirements of paragraph 6.25.1. 6.'_S. 1~'here a Shop Dra++ing or Sample is required by the Cimtnct Documents or the schedule of Shop Dra++~ings and Sample submissions accepted by ENGINEER as required by ps~;t;;raph 3.9, wrap related \1'ork performed prior to ENGI- EER's revie++• and approval of the pertinent submittal ++ill be at the sole expense and responsibility of CONTRACTOR. Continuing the tt'ork: 6.29. CONTRACTOR shall carry on the `York and adhere to the progress schedule during all disputes or disagreements ++ ith OW\ ER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as O«'NER and COVTRAC- TOR may othen+•ise agree in +sriting. 6.30. CO.\TR4CTOR's Genera! t,{arranq• arui' Guarantee: • 6.30.1. CONTRACTOR ++~arrants and guarantees to OWNER, ENGINEER and E\GINEER's Consultants that all 11'ork will be in accordance ++•ith the Contract Documents and ++•ill not be dejrc•rire. CONTR.4CTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1. I . abuse, modification or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors or Supplizrs; or 6.30.1.2. normal wear and tzar under normal usace 6.30.2. CONTRACTOR'S obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR'S obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.3. recommendation of any progress or final payment by ENGINEER; 6.30.3.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.30'.5. any acceptance by' OWNER or any failure to do so; 6.30?.6. any re+ie++ and approval of a Shop Dra++ing or Sample submittal or the issuance of a notice of accept- ability by ENGI\EER pursuant to paragraph I~.I?: 6.30?. i. any in>pection. test or appro+al by other.; ur 6.30.2.3. any correction ofdr(ec•trre ~~'ork by U~1'ti EP.. lndenrnrfrcalion: 6.31. To the fullest extent permitted by La++s and Regula- tions. CONTRACTOR shall indemnify and hold harmle" O«'NER, 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 (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (ii) is caused in ++hole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them maybe liable, regardless of ++•hether or not caused in part by any negligence or omission of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by La+vs and Regulations regard- less of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers. directors or employees by any employee (or the sun•ivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER'S Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Sun•ival ojObligatrons: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with 28 ~.. tl ; the Contract Documents, tis ++•ell tts all continuing obligations ndicated in the Contract Documents, ++ill survive final pay'- ~ient, completion and acceptance of the 11'ork and termination ' or completion of the Agreement. ARTICLE 7-OTHER WORK Related t5'ork to Sitc: 7.1. OWNER may perform other +vork related to the Project at the site by OWNERSs own forces. or Izt other direct contracts therefor ++hich shall cont:+in General Condi- tions similar to these. or have other ++•ork performed by utility o++~ners. If the fact that such other ++ork is to be performed was not noted in the Contract Documents. then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles 1 I and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility ,f awner (and OV4'NER, if O\VNER is performing the addi- tional ++•ork with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other +vork and shall properly connect and coordinate the ~ti'ork ++~ith theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting 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 the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the henefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR'S Work depends upon work performed by others under this Article 7. CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR'S Work. CONTRACTOR'S failure so to eport will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR'S Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site. the follo++•ing +vill beset forth in Supplementary Conditions: 7.4.1. the person, tirm or corporation ++ho will have authority and responsibility for coordination of the activities :imon~ the +•arious prime contractors will be identified; 7.4.?. the specific mattzrs to be co+•ered by such author- ity and responsibility +vill be itemized; and 7.4.3. the extent of such authority and responsibilities +vill be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE 8-OWNER'S RESPONSIBILITIES 8.1. Except as ethenvise provided in these General Condi- tions, OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER sha!1 appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWtiER shall furnish the data required of OWNER under the Contract Documents promptly and shalt make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering sun•eys to establish ref- erence points are set forth in paragraphs 4. I and 4.4. Paragraph 4.2 refers to OVb'NER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER'S responsibility in respect of certain inspec- tions, tests and approvals is set forth.in paragraph 13.4. 8.8. In connection with OWNER'S right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER'S right to terminate services of CON- TRACTOR under certain circumstances. 29 K.9. Tht 01VNER shall n~~t supervise, direct or have control or authority over, nor be responsible for, CONTRAC- TOR's means, methods, techniques. sequences or procedures of construction or the safety precautions and procrams incident thereto, or for any failure of CO~iTRACTOR to comply «•ith La~~ s and Regulations applicable to the furnishing or perfor- n;ance of the Work. O\VNER will not be responsible for CO\TRACTOR's Failure to perform or furnish the «'ork in accordance with the Contract Documents. S.10. O~t'NER'S responsibili[}• in respect of undisclosed Asbestos, PCBs. Petroleum, Hazardous 1Vaste or Radioactive :Materials uncovered or reveal:d :rt the site is set forth in paragraph 4.~. 3.11. If and to the extent O~~'\ER has a_reed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisf~~ OW\'ER's obligations under the Contract Documents. 0~1'\ER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9-ENGINEER'S STATUS DURI\G CONSTRUCTIOti Oli'.~'ER's Representative: • 9.1. ENGINEER will be OWNER'S representative during the construction period. The duties and responsibilities and-the limitations of authority of E\GItiEER as OWNER'S repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGI\'EER. l'isits to Site: • 9.2. ENGINEER will male visits to the site at intervals appropriate to the various stages of construction as ENGI- NEERdeems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR'S executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on-site inspections to check the quality or quantity of the Work. ENGINEER'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform 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 dcfectir•e Work. EN- GINEER'S visits and on-site observations are subject to all the limitations on ENGINEER'S authority and responsibility set forth in paragraph 9.13, and particularly, but without limitation, during or as a result of ENGINEER'S on-site visits or observations of CONTRACTOR's ~~'ork ENGINEER will not supervise, direct, control or have authority over or be respon- sible fur CONTRACTOR's means. methods, techniques, se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply ~~ith Laws and Regulations appli- cable to the furnishing or performance of the V~'or{:. Project Represerrtati~~e: 9.3. If OWNER and E\GINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGI- NEER in providing more continuous observation of the \Vork. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementar}• Conditions. If OWNER designates another representative or agent to represent OWNER at the site who is not ENGI- NEER'S Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. Clarijica.~.ons and Itrterpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGI\EER 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 Price or the Contract Times and the parties art unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article I I or Article 12. Authorised Variations in l,l'ork: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If 01VNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR -may make a written claim therefor as provided in Article I I or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be dejecti-~e, or 30 a_~. ~. that ENGINEER belie+•es will not produce a completed Project that conforms to the Contract Documents or that +vill prejudice •he integrity of the design concept of the completed Project as •- a functioning ++~hole as indicated by the Contract Documents. ENGINEER u ill also have authority to require special inspec- tion or testing of the Work as provided in paracraph 13.9. whether or not the \~'ork is fahricated, installed or completed. Shop DraN•irrgs, Cltanse Orders and Pa)•rnents: 9.7. In connection ++ith ENGItiEER's ~~uthority as to Shop Dra+cings and Samples, see paragraphs 6.'_-t through 6.'_8 inclusive. 9.8. In connection with ENGIiVEER's authority as to Change Orders, see Articles 10, 1 I, and 12. 9.9. In connection with ENGINEER'S authority as to Applications for Payment, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price \1'ork performed by CONTRAC- TOR. ENGINEER will re+•ie+v with CONTRACTOR the EN- GINEER'S preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an 'Application for Payment or other++•ise). ENGINEER'S written ecision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER'S decision and: (i) an appeal from ENGINEER'S decision is taken within the time limits and in accordance ++•ith the procedures 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 not be subject to the procedures of paragraph 9.11. Iheisioru on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 in respect of changes in the _•Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other pasty to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or e+•ent giving rise thereto, and written supporting data will be submitted to ENGINEER ;rnd thz other party ++ithin si.ety days after the start of such occurrence or e+ent unless ENGINEER allo++•s an additional period of time for the submission of additional or more accurate data in support of such claim, dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGI\EER +vill render a formal decision in writing ++•ithin thirty days after receipt of the opposing party's submittal, if anv. in accordance with this paragraph. ENGI\'EER's +vritten decision on such claim. dispute or other m:~tter +vill be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from EtiGINEER's decision is taken +vithin the time limits and in accordance +vith the procedures set forth in EXHIBIT GC :~, "Dispute Reso- lution Agreement; 'entered into between O\VtiER and CON- TRACTOR pursuant to Article 16, or (ii1 if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER'S ++•ritten decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have ++•ith respect to such claim, dispute or other matter in accordance ++~ith applicable Laws and Regulations ++'ithin sixty days of the date of such decision, unless otherwise agreed in ++•riting by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER +will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by E\GiNEER pursuant to paragraphs 9.10 or 9.1 I with respect to any such claim, dispute or other matter (except any which ha+•e been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise ha+•e under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.13. L,imitalioru on EA'GI:VEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER'S authority or responsibil- ity under this Article 9 or under any other pro+•ision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or gi+•e rise to any duty o++•ed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or prganization, or to any surety for or em- ployee or agent of any of them. 31 • • • 9.13.2. ENGIN EER ~~ ill not supen•ise, direct, con- trol or have authority o~~er or be responsible for CONTRACTOR's means. methods, techniques, se- quences or procedures of construction, or the safet}• precautions and programs incident thereto. or for any failure of CONTRACTOR to comply ~~•ith La~~•s and Regulations applicable to the furnishing or perfor- mance of the \Vork. ENGIVEER ~~•ill nut be respon- sible for CONTRACTOR'S failure to perfornt or fur- nish the Work in accordance «ith the Contract Documents. 9.13.3. ENGINEER «-ill not be responsible for the acts or omissions of CONTRACTOR or of any Sub- contractor. an}• Supplier. or of any other person or organization petformin: or furnishing any of the \Vork. 9.13.4. ENGINEER'S revie~~~ of the final Applica- tion for Pa}•ment and accompan}•ing 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 ~~•ith, 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 1N THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the \Vork. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. if OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article i l or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and COtiTRACTUR shall execute appro- priate Chance Orders recommended by ENGINEER (or \1'rit- ten Amendment) co~~erin_: 10.4.1. changes in the \Vork ~~hich are (i) ordered by O\VtiER pursuant to paragraph 10.1, (ii) required because of acceptance, of dejcc;i~•c \1'ork under paragraph 13.13 or correcting dcfecrirc \Vork tinder paragraph 13.14, or (iii) agreed to by the parties: 10.4.?. chttn_es in the Contract Price or Contract Timis «hich are agreed to by the parties; and 10.4.3. chances in the Contract Price or Contract Times «hich embod}~ the substance of any written decision ren- dered by E1\Gl\EER pursuant to paragraph 9.11; pro~•ided that, in lieu of executing an}• 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 carryon the 1Vork 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 pro~•isions of the Contract Documents (includ- ing, but not limited to, Contract Price or Contract Times) is required by the pro~•isions 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 t 1-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- tiesand obligations assigned to or undertaken by CONTRACTOR shall be at CONTRACTOR'S expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined b}• 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 Price will 32 ~1 t~ ~. • be valid if not submitted in accordance with this paragraph 11.2. - 11.3. The ~ alue of any \1'ork co~•erzd by a Change Order or of any claim fur :tn adjustment in the Contract Price ti•ill be determined as follows: 11.3.1. ~~ here the Work im•olved is covered by unit prices contained in the Contract Documents, by application of such unit ~:iczs to the quantities of the items involved (subject to the provisions of para;raphs 11.9.1 through 11.9.3. inclusive): 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents, b.• a mutually agreed lump sum (which map include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2): 11.3.3. ~~here the \Vork involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2, on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTR.ACTOR's fez for overhead and profit (determined as provided in paragraph 1.6). Cost ojtlre {lbrk: 11.4. The term Cost of the \1'ork means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the \Vork. Except as otherwise may be agreed to in writing by O\VNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 1 I.S: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the ~\ork 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. Pa}'roll costs for employees not employed full time on the 1Vork shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, exciseand payroll taxes, work- ers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments, in which case the cash discounts shall accrue to O\\'NER..411 tradz discount>. rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to O\\'\ER, and CO~- TRACTOR shall male prop isions so that thz~ m:i~ he obtained. 11.4.3. Pa} means madz b}' CONTRACTOR to the Sub- contractors for 1\'ork pzrformed or furnished by Subcontrac- tors. If required by O\\'tiER, CONTRACTOR shall ubt::in competitive bids from subcontractors acceptable to O\\'~ ER and CONTR:~CTOR and 5!•rall deliver such bids to O\\'` ER who will then determine. with the advice of EtiGI\EER, «hich bids, if any, ~~ill be accepted. If an}• subcontract provides that the Subcontractor is to be paid on the basis of Cost of the 1\'urk Plus a fee, the Subcontractor's Cost of the \Vork and fee shall be determined in the same mannzr as CONTRACTOR'S Cost of the 1Vork and fee as provided in paragraphs 11.4, 1 I.S, 11.6 and 11.7. All subcontrzcts shall be subject to [he other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but- not limited to en;ineers. architects, testing laboratorizs, sun e}•- ors, attorneys and accountants) employed for szn•iczs spe- cifically related to the \Vork. 11.4.5. Supplemental costs including the follo« in;;: 11.4.5.1. The propor,ion of necessary transportation. travel and subsistence expenses of CONTRACTOR'S em- ployeesincurred in discharge of duties connected with thz Work. 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machiner}•. appliances, office and temporary facilities at the site and hand tools not owned by the H•orkers, H hich are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OIYNER with the advice of E1Gl- NEER, and the costs of transportation, loading, unload- ing, installation, dismantling and removal thereof _ all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the ~~ork. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, -and ro}•alty payments and fees for permits and licenses. 33 • • 1.4.5.6. Losses and damaces (and related expenses) caused by damage to the Work. not compensated by insurance or othen+•ise, sustained by CONTRACTOR in connection +vith the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by O~ti'VER in accordance ++ith paragraph 5.9), provided they ha+•e re- sulted from causes other than the necligence of CU\- TRACTOR. any Subcontractur, ur anyone directly or indirectly employed by any of them or for +vhose acts any of them may be liable. Such losses shall include settle- ments made with the written consent and appro+~al of 0~4'NER. No such losses. danta;es and expenses shall be included in the Cost of the Work fur the purpose of determining COVTRACTOR's fee. If, however, any such loss or damage requires reconstruction and CO;~TR.4C- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 1.4.5.7. The cost of utilities, fuel and sanitary facili- ties at the site. 11.4.5.8. Minor expenses such as telegrams. Ion; dis- tance telephone calls, telephone sen~ice at the site, ex- pressage and similar petty cash items in connection ++~ith the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Rork. I I.S. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting scents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR'S principal or a branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4-all of which are to be consid- ered administrative costs covered by the CONTRACTOR'S fee. 11.5.2. Expenses of CONTRACTOR'S principal and branch offices other than CONTRACTOR'S office at the site. 11.5.3. Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges acainst CONTRACTOR for delin- quent payments. 11.5.5. Costs due to the necligence of CONTRACTOR. any Subcontractur, or anyone directly or indirectly em- ployed by any of them or for ++•hose acts any of them may be liable, includin: but not limited tu, the correction of d~ fecrii~e Work, disposal of materials or equipment wrongly supplied and making Good any damage to property. Other overhead or General expense costs of any I;ind and the costs of any item nut specifically and e.~pressly included in paragraph 11.4. 11.6. The CO`'TRACTOR's fee allo++ed to CO\'fR.~C- TOR for o+•erhe:~d and prone shall be determined as follo+vs: 11.6.1. a mutually acceptable fixed fee: or 11.6.2. if a fixed fee is not agreed upon, then a fee based on the follo~'ing percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2, the COtiTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.x.3, the CONTRACTOR's fee shall be five percent; 11.6.2.3. ++here one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2, 11.4.3 and 11.6.2 is that the Subcontractor w•ho actually performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR'S fee by an amount equal to five percent of such net decrease; and 11.6.2.5. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR'S fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5, inclusive. 11.7. Whenever the cost of any Work is to be determined • 11.5.4. Cost of premiums for all Bonds and for all pursuant to paragraphs 11.4 and I I.S, CONTRACTOR will insurance whether or not CONTRACTOR is required by the establish and maintain records thereof in accordance with Contract Documents to purchase and maintain the same generally accepted accounting practices and submit in form (except for the cost of premiums covered by subparagraph acceptable to ENGINEER an itemized cost breakdown to- 11.4.5.9 above). gether with supporting data. 34 f_'~i`, f~.; ~. ~~Carh Allo--~artces: °i ~ 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in thz Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR aGrees that: 11.8.1. the allo~~•ances 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 appli:<<ble taxes; and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site. labor, installation costs, overhead, profit and other expenses contemplated for the allo~•ances have been included in the Contract Price and not in the allo«ances and no demand for additional payment on account of any of the foregoing «ill be valid. Prior to final payment, an appropriate Change Order ~~ill be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of 1Vork covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Prue ltibrk: • 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR'S overhead and profit for each sepa- rately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement; and • 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or O«'NER be- lieves that O~i'NER is entitled to a decrease in Contract Price and the parties are unable to agree as•tu the amount of any such increase or decrease. ARTICLE I'_-CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Chance Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on ~~ritten notice delivered by the party makin_ the claim to the other parry and to EIv'GINEER promptly (but in no event later than thirty days) after the occurrence of thz event giving rise to the claim and stating the General nature of the claim. Notice of the extent of the claim «•ith supportinG data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Ailestones) shall be determined by ENGI- NEER in•accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Ailestones) 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. 11'here CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Ailestones) due to delay beyond the control of CONTRAC- TOR,the Contract Times (or Milestones) Fill be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other H•ork as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the V1'ork within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR'S sole and exclusive remedy for such delay. In no event shall OWNER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or µ'ithin the control of CONTRACTOR, or (ii) 35 delays beyond the control of both parties including but not limited to fires, floods. epidemics, abnormal ~ti•eather condi- tions, acts of Gud or acts ur neglect by utility owners ur ther contractors performinc other work as contempl:,ted by .article 7. .~,RTICLE I ±-PESTS .4NU INSPECTIO\S: CORRECTION', REMOVAL OR ACCEPTANCE OF DC•FE'CT/l'E \1'ORK 13.1. ,\'otice uj Dcjccls: Prompt notice of all defeclirc 1i'ork of «hich O\1'NER or ENGI\EER have actual kno«I- .dge ~ ill be given to CONTRACTOR. All d~fccri, c 11'ork may be rejected. corrected ur accepted aS provided in this Article 13. Access to ~lbrk: 13.2. OWNER, ENGINEER. EI~'GINEER'sConsultanU. other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the 11'ork at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access • and advise them of CONTRACTOR'S site safety procedures and programs so that they may comply therewith as applicable. Tcsu and Jnspeceorrs: 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the 1Vurk fur :ill required inspections, tests or approvals, and shall coopzrite with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay fur the ser•ices of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approvals covered by 'paragraph 13.5 btlo~w; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5. If Laws or Regulations of any public body having jurisdiction require any 1Vork (or part thereof) specifically to be • inspected, tested or approved by an employee or other repre- sentative of such public body. CONTRACTOR shall- assume full responsibility for arranging and obtaining such inspections, tests or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or approval. CONTR:CTOR sha!I also be re~punsible fur arranc- ing and obtainine and shall pay all costs in connection ~~ ith any inspections, tests nr approvals required for 011'NER's and ENGINEER'S acct, Lance of materials or equipment to be `! incorporated in the 11'urk, or of materials. mir designs, or equipment suhmittzd for appmwal prior to CONTRACTOR'S purchase thereof fur incorporation in the \1'ork. 13.6. If any 11'urk for the «urk of uthenl that is to bz inspected. tested or :,ppro~ed is covered by CONTRACTOR ~~ithout written concurrence of E'~GI\EER. it must, if re- quested by ENGINEER. be uncovered for observation. 13.7. Uncovering N'urk as provided in paragraph 13.6 sh111 he at CONTRACTOR'S e.vpensz unless CO\TRACTOR ha, Liven ENGINECR timely notice of CONTRACTUR's inten- tion to cover the same and E\GI\EER has not acted ~~ith reasonable promptness in response to such notice. L'nco-•ering ~l'ork: 13.5. If any \Vork is coy ered contrary to the ~~ ritten request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGI\EER's obseration and replaced at CONTRACTOR'S expense. 13.9. If ENGINEER considers it necessary or advisable that covered \1'ork be observed by ENGINEER or inspected or tested by others. CO\TRACTOR. at ENGINEER'S re- quest, shall uncover. expose or otherwise make available for observation, inspection or testing as ENGINEER may require. that portion of the 1Vork in question, furnishing all necessary labor, material and equipment. If it is found that such 11'ork is defecrii•e, CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (.including but nut 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 11. If, however, such 1Vork is not found to be dejcc•ri,•e. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract'Times (or l~lilestones), or both, directly attributable to such uncovering, exposure, ob- servation, inspection, testing, replacement and reconstruction: and, if the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as pro- vided in Articles 1 I and 13. OWNER 6lay Stop the ltbrk: 13.10. If the Work is dejcc•rii•c, or CONTRACTOR f:-ils to supply sufficient skilled ~~ orkers or suitable materials or equip- ment, orfails to furnish or perform the 1Vork in such a way that the completed Work will conform to the Contract Documents, OIVNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of O11'NER to stop the Work 36 ~~ , ~} hall not give rise to any duty on the part of OWNER to ~xercise this right for the benefit of CO\TR.4CTOR or any ~` ;,~ surety or other party. Correction or Remo+•cl ojDefeeti+•e Ftbrk: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as direc[ed, eithercorrect all dcfec•ri+•e \Vork, ++hether or not fabricated, installed or completed. or, if the 1~'ork has been rejected by ENGINEER, remove it from the site and replace it with `Fork that is not dejecri+•e. CONTRACTOR shall pay all claims, costs. losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: • 13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu- ments, any Work is found to be defecri+•e, CONTRACTOR shall promptly. without cost to 0~4'NER and in accordance with OWNER'S written instructions: (i) correct such defec- tive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other 1Vork or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defeetive Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substan- tial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where dejectir•e Work (and damage to other V4'ork resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12, the correction period hereunder with respect to such 1Vork will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance ojDejective {ti'ork: 13.13. lf, instead of requiring correction or removal and replacement of dejectir•e Work, OWNER (and, prior to ENGI- NEER'S recommendation of final payment, also ENGINEER) prefers to accept it, OWN ER may do so. CONTRAC'T'OR shall pay all claims, cosh, losses :+nd d:+ma_es attributable to 01VNER's evaluation of and determination to accept such dejecti+•e ~~'ork (such cots to be appru+~ed b}~ ENGINEER :-s to reasonableness). If :tray such acceptance occurs prior to ENGINEER'S recommendation of final pa} mznt. a Change Order will be issued incorporating the nece>san• re+~isiuns in the Contract Documents++ith respect to the ~~'urk:and 0~1'NER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree :+s to the amount thereof, 01VNER Wray make a claim therefor as provided in Article 11. if the accep~ance occurs after such rec~mmenda- tion, an appropriate amount +~ ill be paid b}• CONTRACTOR to OWNER. 011',VER +~la-• Correct Defecti+•e ltbrk: 13.14. !f CONTRACTOR fails ++'ithin a reasonable time after •written notice from EtiG1NEER [o correct dcfec•ri+•e Work or to remove and replace rejected ~~'ork as required by ENGINEER in accordance with paragraph 13.1 I, or if CO:~`- TRACTOR fails to perform the ~~'ork in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, O~~'NER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. 1n exercising the rights and remedies under this paragraph OIVNER shall pro- Geed expeditiously. In connection v+•ith such corrective and remedial action, OWNER ma}• exclude CO\'fRACTOR from all or part of the site, take possession of all ur part of the 1Vork, and suspend CONTRACTOR'S ser••ices related thereto, take possession of CONTRACTOR'S tools. appliances, construc- tionequipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allo+v OWNER, OWNER'S representatives, agents and employees, 01VNER's other con- tractors and ENGINEER and ENGINEER'S Consultants ac- cess to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs. losses and damages will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR'S defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or >vfilestones) because of any delay in the performance of the Work attributable to the exercise by OWN ER of OWNER'S tights and remedies hereunder. ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION ' Schedule ojValues: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for procress payments and 37 ~~ill be incorporated into a form of Application for Payment • acceptable to E\GII`'EER. I'rugress payments oii account of Unit Price 11'urk ~~ ill be based on the number of units com- peted. Application for I'rn;ress Pa}•~ncnt: 14?. At Fast t~~enh• days hefore the date established for etch progress payment (but n~~t more often than once a month), CO\TR.-1CTOR shall submit to E\GINEER for re~ie~~~ an Application fur Payment tilled out and signed by CO~iTR.4CTOR coy erinc the 11'ark completed as of the date of the Application and accun-:panied by such supportinc documentation as i; required b. the Contract Documents. !f payment is requested on the hasis of materials and equip- m:nt not incorporated in the 11'ork but delivered and suitably stored at the site or at anothzr lo;ation agreed to in writing. the Application fur Payment shall also be accompanied by a bill of sale, invoice or other documentation trarrantina that O11'NER has received the matzrials and equipment free and clear of aII Liens and evidence that the materials and equipment are cot•ered by appropriate property insurance and otherarrangements to protect 011'NER's interest therein. all of which will be satisfactory to 014'NER. The amount of retainage with respect to progress payments Mill be as stipulated in the A:reement. • CO.\TRaCTOR's tt'arranh• of Title: 14.3. CONTRACTOR trarrants and guarantees that title to all 11'ork, materials and equipment covered by any Application for Payment, tthether incorporated in the Project or not, trill pass to OWNER no later than the time of payment free and clear of all Liens. Re-•iex• ojApplicatio~ts for Progress Pa~•ment: 14.4. ENGINEER Hill, tt•ithin ten days after receipt of each Application for Payment, either indicate in Writing a recommendation of payment and present the Application to OIVNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER'S reasons for refusing to recom- mend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to 014'NER with ENGINEER'S recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will be paid by 011'NER to CONTRACTOR. 14.5. ENGINEER'S recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentationby ENGINEER to OWNER, based on ENGINEER'S on-site observations of the executed Work as an experienced • and qualified design professional and on ENGINEERS review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER'S knowledge, infor- mation and belief: 14.5. I . the 11'ork hus progressed to the point indicated. 14.5.2. the quality of the 11'ork is generally in actor- f~ dance ~~•ith the Contract Documents (subject to an evalu- ,, i ation of the 11'ork as :~ functioning ~~~hole prior to or upon Substantial Completion, to the results of'any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications fur Unit Price 11'ork under paragraph 9.10. ;ind to any other quali- fications stated in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR'S being entitled to such payment appe;:r to have been fulfilled in so far as it is ENG!NEER's responsibility to obser~~e thz 1Vork. Ho«~e~•er. by recorrmendin_ any such payment E\GI\EER trill not thereby be deemed to have represented that: (i) exhaustive or continuous on-site inspections have been made to check the quality or the quantity of the 11'ork beyond the responsibilities specifically assi=nod to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues betHeen the parties that might entitle CONTRAC- TOR to be paid additionally by O11'NER or entitjz OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER'S recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR'S means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of R'ork.. or for any failure of CONTRACTOR to perform or furnish 11'ork in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER'S opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER'S opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed 11'ork has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by 1\'rit- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- ti~•e 11'ork or complete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTORS performance or furnishing of the 1Vork, 38 ~~ ~' ~-~~ t~j 14.7.6. Liens ha~•e been filed in connection with the ENGINEER in writing prior to ENGINEER'S issuing the 44ork, except there CONTRACTOR has deli~•ered a definitive certificate of Substantial Completion, ENGINEER'S specific Bund satisfactory to 01VNER to secure the aforesaid recommendation will be binding on OWNER and satisfaction and discharge of such Liens, CONTRACTOR until final pa}•ment. 14.7.7. there are other items entitling OWNER to a set-off aeainst the amount recommended, or 14.7.5. 014'\ER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs I-1.7.1 thruu^h 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusi~ e: 14.9. 01VNER shall ha~•e the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion, but OWNER shall allo•.~• CONTRACTOR reasonable access to complete or correct items on the tentati~•e list. Mania! L'tili;~tion: but 011'NER must gi~•e CONTRACTOR immediate written notice («~ith a c~~py to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto a;;reed to by 041'\ ER and CONTRACTOR, when CONTRACTOR correcu to 01VN- ER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire 11'ork ready for its intended use CONTRACTOR shall notify 04VNER and ENGINEER in writing that the entire 1Vork is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that .ENGINEER issue a certificate of Substantial Completion. 1Vithin a reasonable time ~ereafter, 04VNER, CONTRACTOR and ENGINEER shall sake an inspection of the 14'ork to determine the status of completion. If ENGINEER dues not consider the Work sub- stantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to 01VNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 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 da}•s execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ngfinal payment between OWNER and CONTRACTOR with espect to security, operation, safety, maintenance, heat, utili- ties,insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform 14.10. Use by 011'NER at 044'NER's option of any sub- stantially completed part of the Work which: (i) has specificall}• been identified in the Contract Documents, or (ii) 044'NER, ENGINEER and CONTRACTOR agree constitutes a sepa- rttelyfunctioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter- ferenee with CONTRACTOR'S performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 13.10.1. 04VNER at any time may request CO\- TRACTOR in writing to permit OWir'ER to use any such part of the 14'ork which OIVNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the 41'ork is substan- tially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the 44'ork. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENG1- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Finn! Inspection: 14.1 I. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and ~•ill~ notify CONTRACTOR in writing of all 39 • particulars in which this inspection reveals that the 1Vork is incomplete or defecti~•e. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. - • • Final Application for Pa~•ment: 14.12. After CONTRACTOR has completed all such cor- rcctions to the satisfaction of ENGINEER and deli~•ered in accordance with the Contract Documents all maintenance and operating instnictions, schedules, guarantees, Bonds, certifi- cates orother evidence of insurance required by paragraph 5.4, certificates of inspection, marked-up record documents (as provided in paragraph 6.19) and other documents, CONTRAC- TOR may make application for final pa}•ment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (ii) consent of the surety, if any, to final payment, and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER, CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other col{ateral satis- factory to OWNER to indemnify OWNER against any Lien. Find Payment and Acceptance: 14.13. If, on the basis of ENGINEER'S observation of the Work during construction and final inspection, and ENGI- NEER'S review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR'S other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER'S recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substance and with ENGINEER'S recommendation and notice of acceptability, the amount recommended by ENGI- NEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com• ~ ' pletion of the Work is significantly delayed and if ENGINEER • so confirms, OWNER shall, upon receipt of CONTRACTOR'S final Application for Payment and recommendation of ENGI- NEER, and without terminating the Agreement, make pay- ment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not full}• completed orcorrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph S.l, the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. W ai vcr of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defecti-•e Work appearing after final inspection pursu- ant to paragraph 14.11, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR'S continuing ob- `; ligations under the Contract Documents; and 14.15.2. a wai~•er of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Kbrk: 15.1. At any time and without cause, OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and l2. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 40 ~' 15.2.1. if CONTRACTOR persistently fails to perform ithe Work in accordance witft the Contract Documents (in- > chiding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or-failure to adhere to.the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.3. if CONTRACTOR disregards Laws or Regula- tions of any public body having jurisdiction; IS.2.3. if CONTRACTOR disregards the authority of ENGINEER; or IS.2.4. if CONTRACTOR otherwise violates in any sub- stantial ~vay any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any,) seven days' written notice and to the extent permit- ted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR'S tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, nd finish the Work as OWNER may deem expedient. In ~ch case CONTRACTOR shall not be entitled to receive ny 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 arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and dam- ages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and . damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR'S services have been so ter- minated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall paid (without duplication of any items): ~..... 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; IS.4.2. for expenses susained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Conttact Docu- ments in connection Frith uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15.4.3. for all claims, costs. losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others: and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Kbrt< or Ter-nina:e: 1S.S. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an ordec of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER• and ENGINEER, and provided OWNER or E1GlNEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OW:~'ER payment on the same terms as provided in paragraph IS.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to 2ct on an Application for Payment within thirty days after it is submitted. or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the 1Vork until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 1S.S are not intended to preclude CON- TRACTOR from making claim under Articles I 1 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. ARTICLE 16-DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC•A, "Dispute Resolution Agreement; ' to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11, and 9.12, OWNER and CONTRACTOR may exercise 41 • such rights or remedies as either may otherwise have under the Contract Documents or by La«s or Regulations in respect of any dispute. ARTICLE 17-MISCELLANEOUS Giring ~'otice: 17.1. ~~'henever any prop ision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address Lnow•n to the giver of the notice. Computation of Times: 17.2.1. \4'hen any period of time is referred to in the Contract Documents by days, it ~~ill be computed to exclude the first and include the last day of such period. if the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the la~v of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of t~~enty-four hours measured from midnight to the next midnight will constitute a day. \'otice of Claim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person er property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim «•ill be made in writing to the other party within a " reasonable time of the first observance of such injury or damage. The pro~•isions 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. Cumulali~•e Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights 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 6.13. 6.16, 6.30, 6.31, 6.3?, 13.1, 13.13, 13.14, 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any ~vay as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Coss Included: 17.5. Whenever reference is made to "claims, costs, losses and damages; ' it shall include in each case, but not be limited ~' ~'•; to, all fees and charges of engineers, architects, attorneys and `~::~ other professionals and all court or arbitration or other dispute resolution costs. (The remainder of this page was left blank intentionally.] • 42 E?~I-IIBIT GC-A to General Conditions of the ~~ Agreement Bet~ti•een OWJVER and CON- TRACTOR Dated For use «~ith EJCDC No. 1910-8 (1990 ed.) DISPUTE RESOLUTION AGREEMENT OWNER and CONTRACTOR hereby agree that Article 16 of the General Conditions to the Agreement behceen OWNER and CO\TRACTOR is amended to include the follo~~~in; a_reemert of the parties: 16.1. All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relat- ing to the Contract Documents or the breach thereof (except for claims which have been waived by the making or accep- tance of final payment as provided by paragraph 1.3.15) w ill be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Asso- ciation then obtaining, subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. _F - 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER'S decision being final and binding upon OWNER and CONTRACTOR. if ENGINEER renders a de- cision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is accept- able tothe parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy ~~ill be sent to ENGINEER for information. The demand for arbitration ~~ill be made within the thirty-day or ten- day period specified in paragraph 16.2 as applicable. and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of liriita- tions. 16.4. Except as prodded in paragraph 16.5 belo~~. no arbitration arising out of or relating to the Contract Docur:ehts shall include by co~tsolidation, joinder or in any other manner any other person or entity (including ENGINEER. E~GI- NEER's Consultant and the officers. directors. a=orals. em- ployees orconsultants ofany ofthem) ~~ ho is not a part} to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration, and 16.4.2. such other person or entity is substnntiall}• in- volved in a question of la«• or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration ofany dispute not specifically described in such consent or to arbitration wish any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4 if a claim. dispute or other matter in question between OR'NER and CONTRAC- TOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRAC'T'OR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontrac- tor Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim, right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER'S Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final. judgment may be entered upon it in any court having jurisdic- tionthereof, and it will not be subject to modification or appeal. [The remainder oFthis page was left blank intentionally.) • • 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims, dis- putesand other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes"), to mediation by The American Arbitration As- sociation under the Construction Industry Mediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6, unless delay in initiating arbitra- tion would irrevocably prejudice one of the parties. The respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 ~'~ above shall be suspended with respect to a dispute submitted to mediation within those same applicable time limits and shall remain suspended until tzn days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. ~,~, . SECTION 5 SgECIAL CONDITIONS :] • SPECIAL CONDITIONS These Special Conditions contain additions to the General Conditions specific to the Work being contemplated and ultimately contracted for, 1.0 REFERENCE POINTS The OWNER shall commission the services of the ENGINEER to provide the initial horizontal and vertical control reference points (a Bench Mazk and two Control Points) prior to the CONTRACTOR having to perform construction layout surveying for the performance of the Work. Restaking due to the disturbance or destruction of original control as established by the OWNER'S ENGINEER as mentioned above, will be performed at the CONTRACTOR'S expense. 2.0 SITE CONDITIONS The CONTRACTOR shall draw his own conclusions from whatever information is' available, through the OWNER, ENGINEER, the contract documents, or otherwise, regazding the subsurface conditions and the surficial conditions to be encountered in the azea of the site where the Work is to be performed. • 3.0 BONDS AND INSURANCE The CONTRACTOR shall not commence any Work under this Contract until he has obtained all ofthe required insurance, and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any subcontractor to commence Work on his subcontract, until all similaz insurance required of the subcontractor, has been obtained and approved by the OWNER. Approval of the insurance by the OWNER shall not relieve or decrease the liability of the CONTRACTOR hereunder. The CONTRACTOR shall provide, to the OWNER and the ENGINEER, either the actual policies or executed copies of the policies for all of the insurance policies required. Worker's Compensation/Employer's Liability Insurance -The CONTRACTOR shall take out and maintain during the life of this Contract, the statutory Worker's Compensation/Employer's Liability Insurance in concurrence with the current State of Florida laws regazding Worker's Compensation Insurance, for all of his employees to be engaged in Work under this Contract. The CONTRACTOR shall require all of his subcontractors to provide similar Worker's Compensation Insurance for all of the Tatter's employees to be engaged in such Work. Bodily Injury Liability and Property Damage Liability Insurance -The CONTRACTOR shall take out and maintain during the life of the Contract, such Bodily Injury Liability and Property Damage Liability Insurance and Automobile Bodily Injury and Property Damage Liability Insurance as shall protect the OWNER, CONTRACTOR and any • • Page 2 subcontractor performing Work covered under this Contract for claims of 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 subcontractors or by anyone directly or indirectly employed by either the CONTRACTOR or any subcontractors, and the amounts of such insurance shall not be less than those given below: Bodily Iniur~Liability Insurance. In an amount not less than One Million Dollars ($1,000,000) for injury, including wrongful death, to any one person and subject to the same limit for each person in an amount not less than Two Million Dollazs ($2,000,000) for damages on account of each accident(s). Prope Damage Insurance. In an amount of not less than One Million Dollazs ($1,000,000) for damages on account of any one accident, and in an amount not less than Two Million Dollars ($2,000,000) for damages on account of each accidents}. • Fire and Extended Coverage Insurance. In an amount equal to the insurable value of the Contract. The CONTRACTOR shall name the OWNER and his employees or agents as additional insured on all insurance policies required in this contract by the ` CONTRACTOR or any subcontractors. 4.0 CONTRACTOR'S RESPONSIBILITIES The OWNER or the ENGINEER may require the CONTRACTOR to dismiss from the Work, such employee or employees as the OWNER or ENGINEER may deem incompetent, cazeless, insubordinate, unruly, disorderly, intoxicated or acting in other objectionable manners so as to endanger other persons or any part of the Work. The CONTRACTOR shall furnish and maintain, at his own expense and risk, all tools, appazatus and appliances, hoists and/or cranes and power for same, ladders, lighting, power, temporary supports and shoring, bracing, and all other similaz work or materials necessary to ensure convenience and safety in the execution of this Contract. The stability, type, location, utilization and the proper design, strength and safety of such shall be the sole responsibility of the CONTRACTOR. • • Page 3 The CONTRACTOR shall keep all excavations and subgrade work free from water. He shall provide all drains and pumping apparatus (including power and attendance for same) that may be necessary to accomplish this task. The CONTRACTOR shall confine his apparatus, storage of materials, supplies, equipment and operations ofhis workmen. He shall arrange with the OWNER.an appropriate area on site for this activity. This area must not be exceeded and shall be returned to original condition at termination of the Contract. The CONTRACTOR or his subcontractors and employees of both shall not trespass or enter upon areas that are not within the Contract area or within close proximity thereof. The CONTRACTOR, in concurrence with all applicable Federal, State and local regulations, shall employ all the necessary safety and warning devices to protect the existing commercial establishments at the site, the proprietors, their customers and visitors throughout the Contract period. The CONTRACTOR shall erect suitable barricades and handrails where required. - The CONTRACTOR~shall protect the structural integrity of the existing structure at the site by implementing the necessary means and protective equipment, devices and materials as designed and utilized as previously mentioned above. • In the event of temporary suspension of Work or during inclement weather or whenever the OWNER or ENGINEER shall direct, the CONTRACTOR will, along with his subcontractors, carefully protect his or their Work and materials against damage or injury from the weather. If, in the opinion of the ENGINEER or the OWNER, any work or materials shall have been damaged or injured by reason of failure on the part of the CONTRACTOR or his subcontractors to protect his or their Work, such materials shall be removed and replaced at the expense of the CONTRACTOR. Should any underground utilities, drains or other active underground facilities not shown on the Drawings be encountered in the performance of the Work, the CONTRACTOR shall notify the OWNER who will determine what disposition shall be made of such items. Any such items damaged by the CONTRACTOR shall be repaired or replaced at his own expense. The CONTRACTOR shall provide protection at night and when Work is not in progress. It will be his sole responsible for damage, loss or liability due to theft or vandalism. The OWNER cannot assume responsibility for this protection when Work is not in progress at night, on weekends or holidays. The CONTRACTOR may, if he chooses or if it is found necessary or advisable, employ a watchman during said period, at no additional expense to the OWNER. C7 • Page 4 Should the CONTRACTOR fail to act in an emergency affecting the safety of persons or the Work, or the property at the site or adjacent thereto, the OWNER or the ENGINEER may immediately proceed with whatever actions necessary to alleviate or correct the conditions causing the emergency. The costs of the work resulting from such actions shall be borne by the CONTRACTOR. 5.0 ASSIGN OR SUBLET OF CONTRACT Neither party to the Contract shall assign or sublet the Contract as a whole tivithout the written consent of the other nor shall the CONTRACTOR assign any monies due or to become due to him hereunder without the previous written consent of the OWNER. 6.0 TESTING Testing will be conducted as specified and designated by the ENGINEER. The costs of such testing work shall be the responsibility of the CONTRACTOR, with all test results, either pass or fail, provided to the ENGINEER. The tests may include but not be limited to pressure leakage tests, compaction/density tests, shellrock quality tests, and concrete quality tests (cylinder breaks). On asphaltic concrete and pipe, the manufacturer's or supplier's certification that the material meets the requirements of the specification will be accepted subject to verification by the ENGINEER. Water required for pressure • leakage tests shall be arranged and paid for by the CONTRACTOR. 7.0 CODES, REGULATIONS AND SPECIFICATIONS Where standard specifications, codes, regulations and similar publications of governmental agencies, technical societies, manufacturer's associations, and regulatory groups or bureaus are referred to in the Contract Documents, the applicable portion thereof shall be of the same effect ad if fully printed herein, and the Work done in full accordance therewith. The edition current as of the date of the issue of these Contract Documents shall be used except where a publication date is specifically stated. 8.0 CONTRACT PROVISIONS All provisions in the Contract Documents shall be applied to all contractors. 9.0 PRE-CONSTRUCTION CONFERENCE Prior to commencement of the Work, the CONTRACTOR will be required to attend a Pre-construction Conference together with the OWNER and ENGINEER to discuss such items as scheduling, provisions for safety, traffic control, and storage azea(s). The Pre-construction Conference will be scheduled at a mutually agreeable time prior to initiating any Work. • Page 5 • 10.0 PERMITS Prior to commencement of the Work, the CONTRACTOR will pay for and secure the necessary construction permits for the Work being contemplated. 11.O USE OF EXPLOSIVES No explosives or blasting will be permitted. 12.0 USE OF PUBLIC STREET AND RIGHTS-OF-WAY The use of public streets shall be such as to provide a minimum of inconvenience to the public and to other traffic. Any earth or excavated material, or materials being delivered to the site for the performance of the Work that have spilled from trucks shall be removed by the CONTRACTOR, and the streets or rights-of--way cleaned to the satisfaction of the governing agency's representative and/or the OWNER. 13.0 CARE OF TREES, SHRUBS AND GRASS The CONTRACTOR shall be fully responsible for maintaining in good condition, all cultivated grass plots, trees and shrubs. Where maintained shrubbery, grass strips or trees • must be removed due to construction, or destroyed incidental to the construction activities, the CONTRACTOR shall, after completion of the Work, replace or restore to the original condition, all destroyed or damaged shrubbery or grass azeas or trees. Tree limbs which interfere with equipment operation and are approved for pruning shall be neatly trimmed and the tree coat coated .with a tree paint. 14.0 OBSTRUCTIONS All water pipes, storm drains, force mains, gas or other pipe, telephone or power cables or conduits, curbs, sidewallcs and all other building service lines and obstructions, whether or not shown, shall be temporazily removed from or supported across utility line excavations. Where it is necessary to temporarily interrupt building services, the CONTRACTOR shall notify the OWNER or adjacent property owners as necessary, before the interruption and again immediately before service is resumed. Before disconnecting any service lines, the CONTRACTOR shall obtain permission from the their owner, and be responsible for any damage to any such service lines, and shall ;restore them to complete service promptly as soon as the Work has progressed past the point involved. The CONTRACTOR shall uncover these service lines carefully, by hand if necessary. • Page 6 • 15.0 DAMAGE TO EXISTING STRUCTURES The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract, existing buildings, telephone or other cables, water pipes, sanitazy pipes, or other structures which may be encountered, whether or not shown on the Drawings. ~~ 16.0 PAYMENT FOR UTILITIES The CONTRACTOR shall obtain and pay the necessary fees and charges required for such utility services, whether water, sewage, telephone, electricity, gas, of other, as necessary for the completion of the Work. . 17.0 SHOP DRAWINGS AND MATERIAL SUBMITTALS The CONTRACTOR shall submit to the ENGINEER for review and approval, at least two (2) weeks prior to the date of the Pre-construction Conference, all shop drawings/material submittals for all products intended for use in water and sewage installations which aze not included in the approved makes and models listings of these Contract Documents. A minimum of four (4) copies of each item shall be submitted. The ENGINEER shall make the initial review of the shop drawings/material submittals, • mazk them appropriately as to usage, location, class, etc. and then forwazd them, as required, after indicating his approval thereon, to the respective utility agency having jurisdiction over this project. In the event that certain shop drawings/material submittals do not meet the approval of the respective agency, they shall be revised and resubmitted at once by the CONTRACTOR. Shop drawings/material submittals for other sections of the Work shall be submitted to the ENGINEER in ample time to allow review, procurement and delivery prior to the on-site need date. Required shop drawing/material submittals shall include, but not be limited to, items requested for approval in the specified sections of the Contract Documents. 18.0 INTERPRETATION OF QUANTITIES The CONTRACTOR'S unit prices shall include all costs and expenses for taxes, labor, :equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspections, together with any and all other costs and expenses for performing and completing the Work as shown on the plans and as specified in the Contract Documents. Page 7 The CONTRACTOR'S attention is again called to the fact that the quotation for the various items of Work are intended to establish a total price for completing the Work in its entirety. Should the CONTRACTOR feel that the cost for any item of Work has not been established by the Quantities, he shall include the cost for that Work in some other applicable pay item, so that the Bid for the project does reflect his total price for completing the Work in its entirety. • SECTION 6 TECHNICAL SPECIFICATIONS • C] TECHNICAL SPECIFICATIONS Engineering Requirements General Requirements Earthwork Roadwork Storm Water Drainage Potable Water Distribution Landscaping Site Improvements Concrete Demolition n U O1 ENGINEERING REQUIREMENTS • A. SCOPE Included in this Section are the requirements for engineering to be carried out by the Contractor during the construction period of the project. B. SUPPORT FACILITIES All temporary and incidental support of excavation, utilities and concrete formwork shall be engineered to ensure the safety of all workmen and the permanent works itself. Sufficient sketches and calculations shall be made available, upon request by the Engineer, to prove the design of any support facility meets safety standards. C. RECORD DRAWINGS. As defined in the Special Conditions, record drawings aze to be maintained continuously following each installation. In general, as-built information recorded to the same level of detail as shown on the issued for construction drawings will be sufficient. The following list of minimum requirements is provided for your reference: 1. Pavement Layout Bearings and Distances of Tangent Sections Actual Curve Date True Stationing • 2. Grading and Drainase Pavement Level Opposite Inlets Additional Open Space Finish Grades All Actual Inverts of Piping 3. Sewera¢e Stationing of Each Sewer Service and Manhole Offset and Elevation of Each Service Terminus Locations of All Repairs, Sleeves, Crossings, etc. As-Built Slope and Invert Elevations 4. Potable Water Offset of Watermain to Baseline (Sewermain) As-built Lengths of Service Lines As-built elevations of watermain at each elbow in main and any major breaks, i.e., elevation changes greater than 6 inches, intersections, crossings and termini of dead legs. As-built lengths and elevation of jack and bore casings, distance from end of sleeve to ends of mechanical jointed D.I. Pipe. • 1.01-1 • As-built location and size of all blow offs and flush hydrants. Type of materal installed for piping, valves, hydrants and services. 5. Street Lir~htin~ As-built stationing and offset of Poles, Transformers, etc. D. MEASUREMENT Payment of engineering responsibilities will not be made under this contract. Engineering shall be considered incidental to the respective sections covering site development construction. C • -END SECTION 1.01 1.01-2 ITEM NO. 1.02 CONSTRUCTION LAYOUT/STAKING SERVICES Provide field crews, office support, computations and professional supervision for: A. STAKING ROUGH BUILDING PADS Set one 3' lath per pad for rough grade. B. STAKING PAVING -ROADS 1. Stake and grade the centerline of roads with 3' lath set at 50' stations and at all P.C.'s and P.T.'s for rough grading. 2. Stake and set grade for the back of curb with 3' lath set at 50' stations and at curve points at a 3' offset form the back of curb. C. STAKING SANITARY STRUCTURES 1. Stake center of all manhole locations with a 3' lath, along with offsets at 15' and 30' set with hub and tack, with an elevation noted on each 30' offset hub. 2. Stake each sanitary senrice with one 3' lath at the intersection of the service line with the road Right-of--Way. D. STAKING WATER SERVICES 1. Stake the watermain route at 50' intervals and at valves, bends and tees. No grade staking will be provided. 2. Stake the locations of fire hydrants with a hub and tack, together with offsets at 10' and 20' set with hub and tack, with an elevation noted on the 20' offset hub. 3. Stake each water service with one 3' lath at the intersection of the service line with the road Right-of--Way. E. STAKING STORMWATER DRAINAGE STRUCTURES We will stake catch basins, manholes, and outfalls with a 3' lath, along with offsets at 15' and 30' set with hub and tack, with an elevation noted on each 30' offset hub. F. SET BENCHMARKS FOR CONTRACTOR We will provide at least four (4) benchmarks on-site for the contractor's use during construction. • 1.02-1 • G. AS-BUILT MEASUREMENTS Provide field measurements needed to prepaze Record Drawings of the newly constructed onsite roads, drainage and water and sewer utility improvements per Section VIII-9 of this agreement. H. PROFESSIONAL SUPERVISION All of the above Items A thru G aze to be performed under the supervision of a Florida Registered Land Surveyor. n U • -END OF SECTION 01- 1.02-2 • 02 GENERAL REQUIREMENTS SECTION 2.01 UTILITY CROSSING OF EXISTING ROAD A. SCOPE Included in this Section is all work required to effect the crossing of an existing roadway with a proposed utility except for the provision on installation of the pipe, cable, etc. B. OPEN-CUT ROAD CROSSING (1) The Contractor is responsible to obtain all necessary permits prior to any road-cut for utility installation. A traffic management plan shall be submitted for approval to the Owner's Engineer detailing all safety and traffic control devices that will be utilized throughout the crossing operation. A time table providing durations of major activities involved shall also be included. (2) The crossing shall commence with a saw cut of the asphalt on each side of the proposed trench. Minimum distance between saw cuts shall be determined as follows: D =Pipe Outside Diameter + 2' + 2' times depth, pavement to invert. In cases of extreme depth when sheeting is used, the Engineer may, at this discretion, reduce the distance between saw cuts. 3) The trench shall be cut to the T]L*~i*num width allowable and sides sloped to natural angle of repose if unstable soil poses a danger to workman. • The trench bottom shall be compacted to provide proper bedding for the pipe and shall then be shaped to receive the pipe. (4) Installation of the utility line shall be accomplished in accordance -with the respective section of these Specifications. (5) Backfill of this trench shall be made in strict conformance with eight (8) inch maximum lift thickness. Each lift shall be wetted as necessary to assist in obtaining 95% maximum dry density after compaction by mechanical plate or vibratory roller. A minimum of two passing density tests shall be obtained on each lift prior to placement of the next lift. (6) Base course material shall be spread and compacted in four (4) lifts and compacted to 100% maximum dry density. For the entire trench azea a thickness of twice that of the original base will be required. (7) Prime coat and asphalt surface shall be replaced in accordance with Section 4 °Roadworlt" of these Specifications to match the existing pavement. • - 2.01 -1 • C THRUST-BORE ROAD CROSSING (OPTION OR AS INDICATED ON PI.AN1 (1) The Contractor shall submit for approval of a specialty subcontractor unless he can demonstrate, from experience, his own expertise and equipment capability in jack. and bore tunneling. (2) The Contractor is responsible to obtain all necessary permits prior to any thrust bore for utility installation. A traffic management plant shall be submitted for approval to the Owner's Engineer detailing all safety and traffic control devices that will be utilized throughout the crossing operation. A time table providing durations of major activities involved shall also be included. (3) The Contractor shall refer to the "Drawings for sleeve sizing and material required. (4) Excavation of the jacking and receiving pits shall be in accordance with Section 3.02 Excavation and Backfill for Utility Systems. LJ 1 • -END OF SECTION 2.01- 2.01 - 2 • SECTION 2.02 SLEEVES FOR FUTURE USE A. SCOPE Sections of P.V.C. pipe shall be installed as indicated on the Drawings and backfilled to be utilized by others in the future. B. MATERIALS Polyvinyl Chloride Pipe: Plastic pipe sleeves shall be inplasticized PVC and conform to the requirements of ASTM Designation D-3034, SDR-35 with solvent cement joints. C. EXECUTION Earthwork performed relative to pipe sleeves shall be in accordance with Section 3.02 Excavation and Backfill for Utility Systems. Minimum cover over pipe sleeves shall be 18 inches to top of subgrade. • • -END OF SECTION 2.02- 2.02-1 03 EARTHWORK • SECTION 3.01 SITE GRADING A. SCOPE The work of this Section consists of furnishing all necessary labor, equipment, material and transportation necessary for the excavation and embankment required for the construction of the site to the lines and grades shown on the Drawings. B. CLEARING AND GRUBBING Clearing and grubbing shall consist of the complete removal and disposal of all trees, brush, stumps, roots, grass, weeds, rubbish and all other obstructions resting on or protruding through the surface of the existing ground and the surface of excavated azeas. Unless otherwise shown on the Drawings, clearing and grubbing shall be accomplished all areas of the of site. Where excavation is done, all stumps, roots, etc., protruding through or appearing on the surface of the completed excavation shall be removed to a depth of not less than two (2) feet below the excavated surface. All stumps within building site areas shall be grubbed to a depth of two (2) feet below existing grade and replaced with compacted backfill before the azea is filled. Within all other azeas all stumps, roots and other debris projecting through or appearing on the surface of the ground shall be removed to a depth of one (1) foot below the completed surface. Stripped material suitable for topsoil shall be stockpiled as directed by the Owner and • all other material shall be disposed of as directed by the Engineer. All clearing and grubbing debris shall be burned at the site by the Contractor unless otherwise directed by the Engineer. C. EXCAVATION Excavation shall conform to the limits indicated on the plans and specifications herein. This work shall include shaping and sloping and other work necessary in bringing the site to the required grade, alignment and cross section. All suitable materials removed from the excavation shall be used as far us practicable in filling the below grade lots * and other places as directed. Excess suitable material removed from the places as directed. Excess suitable material removed from the excavation shall be stockpiled for future use as directed by the Owner. Material classified as A-8 in accordance with AASHTO Designation M 145 is considered to be highly organic soil (peat or muck) and unsuitable material and shall be stockpiled for future use or spread on open azeas as directed. Before filling any existing ponds or ditches, all muck and other unsuitable material shall be removed to the satisfaction of the Engineer. D. EMBANKMENT Suitable materials for fill shall be a noncohesive, nonplastic, granulaz mixture of local sand and rock and shall be free from vegetation, organic material, marl, silt or muck. The entire site shall be graded as shown on the drawings. Typical house lots shall be filled to the maximum elevation, at the center and sloped to drain to the perimeter. 3.01 - 1 Embankment shall be constructed of suitable material placed in layers of not more than twelve (12) inches in depth measured loose and rolled and/or vibrated with suitable equipment until compacted. Thickness of layers may be increased provided the equipment and methods used are proven by field density testing to be capable of compacting thicker layers to specified densities. Layer thickness shall be decreased if equipment and methods used are proven to be incapable of compacting layers to specified densities. Rock that will not pass through a six (6) inch diameter ring shall not be placed within the top 24' of the surface of the completed fill. Rock that will not pass through a three (3) inch diameter ring shall not be placed within the top twelve (12) inches of the completed fill. Fill placed in below grade areas (ditches, lakes and demucked azeas) shall be compacted to a density of not less than 95% of its maximum density as determined by AASHTO Method T-180. Final approval of embankment for roadways and building pads shall be granted after presentation of density test results of 98% minimum as determined by AASNTO Method T-180. Fill material which must be placed in water standing at the normal water table, which can not be removed by gravity after ditching, shall be spread in a uniform layer of a thickness not in excess of that necessary to support the hauling, placing and compacting equipment for succeeding layers. Material above this normal water table shall be compacted as specified above. E. MEASUREMENT Item 3.01 Clearings and Grubbinsz Clearing and grubbing of the entire project site shall be measured as one lump sum. Item 3.02 Site Grading For the ease of measurement of both excavation and embankment, site grading shall be measured as a lump sum. Muck removal, cuts and fills as required within road Rights- of-Way, and shaping of swales as detailed on the drawings aze included in this item. Any excess excavated material shall be placed as embankment for nearby building pads to a maximum of six inches below proposed finish floor elevation defined as 18 inches above road crown. Importion of fill material as required to bring those lots remaining low to finish grade and the required compaction shall also be compensated by this item. -END SECTION 3.01- 3.01-2 • SECTION 3.02 EXCAVATION AND BACKFILL FOR UTILITY SYSTEMS A. SCOPE The work included under this Section consists of excavating, grading and backfilling as required for the construction of the utility systems consisting of any and all piping and appurtenances as shown on the Drawings and specified in these contract documents. B. EXCAVATION The Subcontractor shall perform all utility excavation of whatever substances encountered, to the dimensions and depth requirements shown on the Drawings, or as directed. All excavations shall be made by open cut. All existing utilities such as pipes, poles and structures shall be carefully supported and protected from injury, and in case of damage, they shall be restored at no additional cost to the Contractor. Trench walls shall be kept vertical, and, if required to protect the safety of workmen, the general public, this or other work or structures, or to maintain trench widths within the limits hereinafter specified, shall be properly sheeted and braced. Where wood sheeting or certain designs of steel sheeting aze used, the sheeting shall be cut off at a level two (2) feet above the top of the installed pipe and that portion below that level shall be left in place. If interlocking steel sheeting is used, it may be removed providing removal can be accomplished without disturbing the bedding, pipe or alignment of the pipe. Any damage to the pipe bedding, pipe or alignment of the constructed utility caused by removal of sheeting shall be cause for rejection of the affected portion of the work. In areas where trench widths are not limited by Right-of--Way, and/or easement widths, property line restrictions, existing adjacent improvements, including pavements, structures and other utilities, and maintenance of traffic, the trench sides may be slopes to a stable angle of repose of the excavated material. Ladders or steps shall be provided for and used by workmen to enter and leave trenches. Pipe trenches for utility shall be excavated to a width within the limits of the top of the pipe to the trench bottom so as to provide a cleazance of 12 inches on each side of the pipe barrel, measured to the face of the excavation or sheeting, if used. Where the pipe size exceeds 12 inches, the clearance shall be from 12 inches to 18 inches. Excavation for appurtenances shall be sufficient to provide a cleazance between their outer surfaces and the face of the excavation or sheeting, if used, of not less than 12 inches. Manhole excavations shall be carried to sufficient depth to permit their construction on the compacted bottom of the excavation. Materials removed from the trenches shall be stored and disposed of in such a manner that they will not interfere unduly with traffic on public streets and sidewalks and they shall not be placed on private property. In congested azeas, such materials as can not be stored adjacent to the trench or used immediately as backfill shall be removed to convenient places of storage. _ All materials suitable for use as backfill shall be hauled to and used in areas where not • enough suitable material is available from the excavation. 3.02-1 • The nature of the materials will govern both their acceptability for for backfill and the methods best suited for their placement and compaction in the backfill. The materials and the methods shall both be subject to the approval and direction of the Design Engineer. No stone or rock fragment larger than 3-inches in greatest dimension shall be placed in the backfill nor shall large masses of backfill material be dripped into the trench in such manner as to endanger the pipeline. If necessary, a timber grillage shall be used to break the fall of material dropped from a height of more than 5 feet. Pieces of bituminous pavement shall be excluded from the backfill unless their use is expressly permitted, in which case they shall be broken up as directed. Excess suitable material shall remain the property of the Owner and shall be disposed of within the limited of the project as directed by the Engineer. The disposal area shall be finish grade upon completion of the work. D. REMOVAL OF WATER It is a basic requirement of these specifications that excavations shall be free from water before pipe or structures aze installed. The Subcontractor shall provide all necessary pumps, underdrains, well-point systems and other means for removing water from trenches and other parts of the work. The Subcontractor shall continue dewatering operations until the backfill has progressed to a sufficient depth over the pipe to prevent flotation or movement of the pipe in the trench and so that it is above the natural water table. Water from the trenches and excavation shall be disposed of in such a manner as will not cause injury to public health, to public or private property, to the work completed or in progress, to the surface of the streets, or cause any interference with the use of the same by the public. The Subcontractor shall submit his proposed methods of handlirxg trench water and locations at which the water will be disposed of to the Engineer for approval and shall receive approval before starting the excavation. All labor, materials, tools and equipment shall be provided, as necessary, to properly control the quality of the dischazge from the dewatering operations as described herein. All applicable laws, rules and regulations governing the dischazge of water from dewatering operations shall be complied with. All dewatering shall be accomplished by the use of sanded well points and other techniques deemed necessary by the Contractor to properly dewater the trench excavations. Unless otherwise directed by the Design Engineer, an approved siltation tank shall be installed ahead of dewatering discharge points. In addition, silt screens and other devices and techniques may be required to maintain the dischazge quality at turbidity levels below the required limits. Any and all methods approved by the Design Engineer to control the bacteriological quality of well point dischazge into existing drainage ditches and/or canals shall be utilized. • 3.02-2 E. PIPE BEDDING • Pipe trenches shall be tamped and compacted to provide a proper bedding for the pipe and shall then be shaped to receive the pipe. Bedding shall be provided under the branch of all fittings to furnish adequate support and bearing under the fitting. Bedding material for piping shall be as approved by the Engineer, sand or other fine inorganic material from the excavation may be used for bedding material when available as per standazd details. These materials aze described in subsequent sections of this Manual. The use and placement of these materials aze indicated on the Standard Details and specified herein. Where pipe is to be laid in rock bedding or concrete cradle, the trench may be excavated by machinery to, or to just below, the designated subgrade, provided that the material remaii~in~ at the bottom of the trench is not disturbed. If the trench is excavated below the designated subgrade, the undercut shall be backfilling with compacted bedding rock. Where organic material, such as roots, muck or other vegetable matter, or other material which, in the opinion of the Engineer, will result in unsatisfactory foundation conditions, is encountered below the level of the proposed pipe, it shall be wholly or partially removed as directed by the Owner and wasted. Sheeting shall be installed if necessary to maintain pipe trenches. The resulting excavation shall be backfilled with suitable backfill material, placed in eight (8) inch layers, up to the level of the bottom of the proposed pipe and shall be compacted to not less than 95 percent of its maximum dry density as defined hereunder. Pipe bedding shall extend a minimum of 4-inches below the pipe. • F. BACKFILL UNDER MANHOLES AND METER VAULTS Any excavation below the levels required for the proper construction of manholes or meter vaults shall be filled with clean sand or limerock screenings and compacted to not less than 95 percent of maximum dry density in eight (8) inch lifts. G. TRENCH STABILIZATION No claim for extras or additional payment will be considered for cost incurred in the stabilization of trench bottoms which aze rendered soft or unstable as a result of construction methods, such as improper or inadequate sheeting, dewateriuzg or other causes. In no event shall pipe be installed when such conditions exist and the Subcontractor shall correct such conditions so as to provide proper bedding or foundations for the proposed installation at no additional cost to the Contractor. H BACKFILL As soon as practicable after the pipe have been laid, or the structures have been built and aze structurally adequate to support the loads, including construction loads to which they will be subjected, the backfilling shall be started and thereafter it shall proceed until its completion. 3.02-3 • _ • Backfill material shall be noncohesive, nonplastic material free of all debris, lumps and clods. Backfill material placed within one (1) foot of piping and appurtenances shall not contain any stones or rocks larger than three (3) inches in diameter (one (1) inch for PVC). If a sufficient quantity of suitable material is not available from the trench or other excavations within the site of the work, the Contractor shall provide additional material suitable for this purpose. The additional material shall be installed as specified herein. Selected backfill material containing no stone or rocks lazger than three (3) inches shall be placed in eight (8) inch layers and thoroughly tamped to a level of 12 inches over the top of the pipe. Pazticulaz attention and caze shall be exercised in obtaining thorough support for the branch of all service connection fittings. Care shall be taken to preserve the alignment and gradient of the installed pipe. After the backfill as been placed to a level 12 inches over pipelines, the remainder of the backfill shall be placed in layers, not to exceed 12 inches, then watered and compacted with mechanical plate tampers or vibratory rollers to obtain a density of not less than 90 percent of its maximum density in unpaved areas and 95 percent in azeas that aze to be paved. Maximum densities aze defined hereunder. I. COMPACTION AND DENSITIES 1. Maximum density of the material in trenches shall be determined by AASHTO T180. • 2. Field density of the backfill material in place shall be determined by AASHTO Designation T 191. Laboratory and field density tests which, in the opinion of the Engineer, aze necessary to establish compliance with the compaction requirements of these specifications, will be conducted at the Contractor's expense. Tests will be made at depths and locations selected by the Engineer. Trench backfill which does not comply with the specified densities, as indicated by such tests, shall be reworked and recompacted until the required compaction is secured, at no additional cost to the Contractor. The costs for retesting such work shall be paid for by the Subcontractor. J. ALTERNATE METHOD OF CONSTRUCTION A combination of conditions in the substrate, water table or method of disposal may be encountered during the course of the work which make dewatering impossible, or only possible through the use of unusual methods, the cost of which is excessive. When such conditions aze encountered, but only after all reasonable means to dewater the excavation have been employed without success, may elect to employ the following alternate method of construction. The concurrence of the Engineer shall be obtained in writing and shall limit the use of the alternate method of construction to such specific portions of the work as the Engineer shall determine. The construction specifications contained in the preceding parts of this section shall • establish the required standazds of construction quality for this work. Use of the alternate method of construction described hereinafter shall in no way be construed as relieving the Subcontractor of his basic responsibility for satisfactory completion of the 3.02-4 • work. No additional payment will be made to the Subcontractor for excavation, backfill, sheeting or any costs incurred for work or materials or any other costs incurred as a result of the use of this alternate method of construction. The unit prices established in the Proposal shall be full payment for the various items of work. Subject to all of the requirements stated hereinabove, including written approval of the Engineer, construction will be permitted in accordance with the following specifications. All requirements of Article A through I, inclusive, of these specifications shall apply to this construction unless otherwise specifically modified herein. 1. Removal of Water The installation of pipe, manholes and appurtenances under water will be permitted and the requirements of Article D, "Removal of Water", will be waived. 2. Excavation Excavation of pipe trenches to the level of the bottom of the proposed pipe bedding shall be performed in accordance with Article C, "Excavation". If rock, such s limerock or other similaz hard, cemented material providing firm, unyielding trench bottoms is encountered at the level of the bottom of the proposed pipe bedding, no additional excavation will be required. If material such as sand, mazl or other material which can not be classified as rock, as hereinabove defined, is encountered at the level of the bottom of the proposed pipe bedding, the pipe trench shall be excavated to an • additional depth of ten (10) inches minimum, below that level. This additional excavation, and the additional backfilling made necessary thereby, is an essential part of this alternate construction method and no additional payment will be made for this work, regazdless of the type of material encountered. Excavation for manholes to be installed under water shall be continued to a depth, below the outside bottom of the proposed structure, which will provide a **+~n~**+um space of 12 inches in rock, or 24 inches in sand, as the same aze defined hereinabove, for the placement of drainfield limerock as hereinafter specified. The excavation of pipe trenches at their junction with excavation for manholes shall be modified in the following manner: A longitudinally sloping, place bottom surface for the placement of pipe bedding material shall be provide from the bottom of the manhole excavation, at is extremity, to a line of intersection with the bottom of the typical excavation often (10) feet measured horizontally, from the vertical plane of the manhole excavation. 3. Pine and Manhole Beddi The pipe trench or manhole excavation shall be backfilled to receive the pipe or manhole with drainfield limerock as the same is commonly referred to in this azea, up to the level of the lower one third (1 /3) of the proposed pipe barrel, or to the outside bottom of the proposed manhole as applicable. This backfill shall be tamped and compacted to provide a proper bedding for the pipe or manhole, as also specified herein. Under no circumstances will material other than • drainfield limerock be considered satisfactory for use as bedding material for underwater construction. Backfill 3.02-5 K. PIPE EMBEDMENT MATERIALS • Pipe embedment materials, as specified herein, shall be installed as shown on the details and/or as specified. 1. Class 1 Materials (Bedding Rock) The material shall be '/.-inch to '/a-inch graded material such as coral, crushed stone, crushed shells or bedding rock, well graded in size 100% passing a 1-inch sieve opening, and as specified in ASTM 57. The bedding rock shall consist of clean, hazd and durable particles or fragments, free from dirt, vegetable or other objectionable matter. Samples and gradation analysis shall be approved by the Design Engineer before any material is delivered to the job site. 2. Class 2 Material The material shall be well graded, clean, course sand and gravels with a maximum particle size of/s inch, containing a small percentage of fines and free of organic and other deleterious matter. 3. Class 3 Material (Select Backfill) The material shall be fine and sand and clayey gravels, including fine sands, sand-clay mixtures and gravel-clay m;xt,~res, free of organic and other deleterious matter. 4. Placing and Compacting • The material shall be spread in layers of uniform thickness and insatlled to the densities and where shown on the drawings or as required. After each pipe has been brought to grade, aligned and placed in final position, the embedment material shall be deposited and densified under the pipe haunches on each side of the pipe. Following the operation, the remainder of the embedment material shall be installed as shown on the drawings and as specified herein. L. MEASUREMENT Utility excavation and backfill shall not be measured under this contract. The work specified in this section shall be considered incidental to the respective utility being installed. -END SECTION 3.02- • 3.02-6 ROADWORK • SECTION 4.01 SUBGRADE PREPARATION A. SCOPE The work specified in this Section consists of the construction of a stabilized roadway subgrade. Construction shall be to the uniformity, density and bearing value specified hereinafter. B. CONSTRUCTION METHODS 1. General Prior to the commencement of compacting operations, the area shall have been constructed to an elevation such that upon completion of compacting operations the subgrade will conform to the lines, grades and cross section shown in the plans. Prior to the spreading of any additional material, the surface of the road bed shall be brought to a plane approximately pazallel to the plane of the proposed finished surface. 2. Stabilized Subarade It is the Contractors responsibility to make his own determination as to the quantity of stabilizing material, of the type selected by him, necessary for compliance with the bearing valve requirements. The Subcontractor shall notify the Engineer of the approximate quantity to be added and the spreading and mixing of such quantity of materials shall meet the approval of the Engineer as to uniformity and effectiveness. • The subgrade to be stabilized may be processed in one course, unless the equipment and methods being used to not provide the required uniformity, particle size limitation, compaction and other desired results, in which case, the Engineer will direct the processing be done in more than one course. When additive stabilizing materials are required, the designated quantity shall be spread uniformly over the area to be stabilized. The mixing shall be done with rotary tillers, or other equipment meeting the approval of the Engineer. The area to be stabilized shall be thoroughly mixed throughout the entire depth and width of the stabilizing limits. Upon completion of mixing, all particles of material within the limits of the azea to be stabilized shall pass a 3-1/2 inch ring. Any particles not meeting this requirement shall be removed from the stabilized azea or shall be broken down so as to meet this requirement. Bearing value samples will be obtained and tested and provided to the Engineer at completion of satisfactory mixing of the stabilized azea For any area where the bearing value obtained is deficient from the value indicated in the plans, in excess of the established tolerance of 5.0, additional stabilizing material shall be spread and mixed. This reprocessing shall be done for the full width of the roadway being stabilized and longitudinally for a distance of 50 feet beyond the limits of the azea in which the bearing value is deficient. The Subcontractor shall make -his own determination of the quantity of additional stabilizing material to be used in reprocessing. 4•.01-1 After the mixing operations have been completed and requirements for bearing value, uniformity and particle size have been satisfied, the stabilized azea shall be compacted • at a moisture content permitting the specified compaction. If the moisture content of the material is improper for attaining the specified density, either water shall be added or the material shall be permitted to dry until the proper moisture content for the specified compaction is reached. 3. Compacted Sub¢rade After the subgrade has been properly shaped it shall be brought to a firm, unyielding surface by rolling the entire azea with an approved vibratory compactor. All new areas inaccessible to the roller shall be thoroughly compacted with mechanical tampers. Unless the subgrade material at the time of the rolling contains sufficient moisture to insure proper compaction, it shall be watered as necessary and then compacted. Subgrade material containing excess moisture, as determined by the Engineer, shall be permitted to dry to the proper consistency before being compacted. Bearing value samples will be obtained and tested and provided to the Engineer at completion of shaping of the roadway section. For any azea where the bearing value obtained is deficient from the value indicated on the Drawings, in excess of the established tolerance of 5.0, stabilizing material shall be spread and mixed. This reprocessing shall be done for the full width of the roadway being stabilized and longitudinally for a distance of 50 feet beyond the limits of the azea in which the bearing value is deficient. The Subcontractor shall make his own determination of the quantity of additional stabilizing material to be used in reprocessing. • 4. Finish Gradirut The subgrade shall be shaped to conform with the finished lines, grades and cross section indicated on the plans. The subgrade shall be checked by means approved by the Engineer to ensure compliance with the allowed tolerance of 0.05' low and 0.03' high. 5. Requirements for Condition of Completed Subr~rade After the compacting operations have been completed, the subgrade shall be firm and substantially unyielding to the extent that it will support construction traffic. All soft and yielding material, and any other portions of the subgrade which will not compact readily, shall be removed and replaced with suitable materials and the whole subgrade brought to line and grade, with proper allowance for subsequent compaction. 6. Maintenance of Completed Subarade After the subgrade has been completed as specified above, the- Contractor shall maintain it free from ruts, depressions and any damage resulting from the hauling or handling of materials, equipment, tools, etc. It shall be the Contractor's responsibility to maintain the required density until the project is completed. Such responsibility shall include any repairs, replacement, etc., which might become necessary in order to recompact the subgrade in the event of underwash or other damage occurring to the previously compacted subgrade. Any such work required for recompaction shall be at the Contractor's expense. Ditches and drains shall be constructed and maintained along the subgrade section. 4.01-2 DENSITY REQUIREMENTS The top 12 inches of the subgrade, including cut and fill sections withing the entire • limits of the width and depth of the azeas to be compacted, shall be compacted to a density of not less than 98 percent of the maximum density as determined by AASHTO Method T-180. When beazing value determinations aze made by the Florida Soil Bearing Test, Test Method C of AASHTO T-180 will be used. Density shall be confirmed by random field density tests as directed by the Engineer at a frequency of not less than 1 test per 300 lineaz feet of roadway. A. MEASUREMENT The quantities under this Contract shall be determined by actual measurement of the completed items, in place, ready for service and accepted by the Owner, in accordance with the applicable method of measurement therefor contained herein. The quantities shown on the issued for construction set of drawings shall be the maximum to be measured, unless an approved drawing revision is issued. A representative of the Contractor shall witness all field measurements. 1. QUANTIFICATION OF ITEM DESCRIPTIONS 4.01 Subrrrade Preyazation Subgrade prepazation azea shall be measured in the field, to the width required on the Drawings, in squaze yazds. ~~ -END SECTION 4.01- 4.01-3 SECTION 4.02 BASE COURSE A. SCOPE The work specified in this Section consists of the construction of a limerock or shell base course. It shall be constructed upon the prepazed subgrade in accordance with these specifications and in conformity with the lines, grades, notes and typical cross sections shown on the Drawings. B. MATERIALS 1. Limerock Limerock used in base course construction shall be material classified either as Ocala Formation or as a Miami Oolite Formation it shall be obtained from pits from which all overburden has been removed. Therefore showing no trace of organic or objectionable. matter. Miami limerock shall contain by weight not less than ?0 percent (95 percent for Ocala limerock) of carbonates of calcium and magnesium and not more than 2.0 percent of oxides of iron and aluminum. Any other constituents other than cazbonates and oxides shall be silica. At least 97 percent (by weight) of the limerock shall pass a 3-'/z inch sieve and the material shall be grade uniformly down to dust. All crushing or breaking up which might be necessary in order to meet such size requirements shall be done before the material is placed on the road. All fine material shall consist entirely of dust or fracture. The limerock shall be uniform in quality and shall not contain hazd or flinty pieces in sufficient quantity to prevent proper bonding, or to prevent obtainin~u a smooth surface, free from pits or pockets. 2. Shell Shell used for base material shall be mollusk shell (i.e., oyster, mussel, clam, etc.) with a minimum of 40% carbonate content. The use of steamed shell will not be permitted. At least 50 percent (by weight) of the total material shall be retained on a No. 4 sieve. Not more than 7-1 /2 percent (by weight) of the total material shall pass the No. 200 mesh sieve when determined by elutriations (washing). 3. Samylin~z and Testing All samples of base course material shall be supplied by the Contractor at his expense and materials shall be approved by the Engineer prior to use in the work. Additional samples shall be furnished during construction as required by the Engineer. A. EQUIPMENT All equipment necessary for the proper construction of the work shall be on the project, in first-class working condition, and shall have been approved by the Engineer prior to its use. D. WIDTH The Contractor shall construct the base to the full width shown on the Drawings. 4.02-1 E. TRANSPORTING LIMEROCK OR SHELL The material shall be transported to the point where it is to be used, over base material • previously placed if practicable, and dumped on the end of the proceeding spread. No hauling over the subgrade or dumping on the subgrade shall be allowed. F. SPREADING MATERIAL The material shall be spread uniformly and all segregated areas of fine or coazse material shall be removed and replaced with well-graded material. During the dumping and spreading operations the shell shall be thoroughly saturated with water, as required by the Engineer. When the specified compacted thickness of the base is greater than 6-1 /2 inches the base shall be constructed in two courses, the first of which shall be approximately 60 percent of the total thickness of the finished base. At no time shall more than one (1) day's work of the first course be spread and compacted ahead of the second course excepted when specifically authorized by the Engineer. G. COMPACTING AND FINISHING BASE After the spreading of each course is completed, the entire surface shall be scarified and shaped so as to produce the exact grade and cross section after compaction. When the material does not have the proper moisture content to insure the required density, wetting or drying will be required. Wetting or drying operations shall involve manipulation of the entire width and depth of the base as a unit. As soon as proper conditions of moisture are attained, the material shall be compacted to a density of not less than 98 percent of the maximum density obtainable under AASHTO Designation T- • 180. During final compacting operations, if blading of any areas is necessary to obtain the true grade and cross section, the compaction operations for such areas shall be completed prior to making the density determinations on the finished base. If at any time the subgrade material should become mixed with the base course material, the Contractor shall dig out and remove the mixture, reshape and compact the subgrade and replace the materials removed with clean base material, which shall be shaped and compacted as specified above. If cracks or checks appeaz in the base, either before or after priming, which in the opinion of the Engineer would impair the structural efficiency of the base course, the Contractor shall remove such cracks or checks by rescarifying, reshaping, adding base material where necessary and recompacting. H. TESTING SURFACE The finished surface of the base course shall be checked for conformance to the required crown and grade. All irregularities greater than '/,-inch shall be corrected by scarifying and removing or adding material as may be required, after which the entire azea shall be recompacted as specified hereinbefore. Passing density test certificate shall be obtained for each 300 foot section of roadway constructed. I. THICKNESS DETERMINATIONS. • The thickness of the compacted base shall be measured at intervals of not more than 300-feet. Measurements shall be taken at various points on the cross sections prior to the application of the prime coat. 4.02-2 The measurements shall be taken in holes through the base of not less than 2-inches in diameter. Where the compacted base is deficient by more than lh-inch from the thickness called for on the Drawings, the Contractor shall correct such areas by • ~ scarifying and adding base material. The affected azeas shall then be brought to the required state of compaction and to the required thickness and cross section. J. PRIMING AND MAINTAINING The prime coat shall be applied only when the base meets the specified density requirements and the moisture content does not exceed 90 percent of the optimum moisture content of the base material. At the time of priming, the base shall be firm, unyielding and in such condition that no undue distortion will occur. The Subcontractor will be responsible for assuring that the true crown and grade are maintained with no rutting or other distortion and that the base meets all the requirements at the time the surface course is applied. K. MEASUREMENT The quantities under this Contract shall be determined by actual measurement of the completed items, in place, ready for service and accepted by the Owner, in accordance, with the applicable method of measurement therefor contained herein. The quantities shown on the issued for construction set of drawings shall be the maximum to be measured, unless an approved drawing revision is issued. A representative of the Contractor shall witness all field measurements. 1. QUANTIFICATION OF ITEM DESCRIPTIONS • 4.02 Base Course Base course area shall be measured in the field, to the width required on the Drawings, in square yazds. -END SECTION 4.02- • 4.02-3 SECTION 4.03 PRIME AND TACK COATS • A. DESCRIPTION The work specified in this Section consists of an application of bituminous material on previously prepared base in accordance with these specifications and in conformity with the line, grades, dimensions and notes shown on the drawings. B. MATERIALS 1. Prime Coat The material used for the prime coat shall be cutback asphalt, Grade RC-70 or RC-250 and shall conform with the requirements specified in AASHTO Designation M81-70. Unless otherwise indicated, the use of either RC-70 or RC-250 shall be at the Subcontractor's option. 2. Tack Coat The material used for the tack coat shall be emulsified asphalt, Grade RS-2 and shall confirm with the requirements specified in AASHTO Designation M-140-70. C. EQUIPMENT The pressure distributor used for placing the tack or prime coat shall be equipped with pneumatic -tires having sufficient width of rubber in contact with the road surface to avoid breaking the bond of or forming a rut in the surface. The distance between the centers of openings of the outside nozzle of the manifold shall have an azea of opening • of not less than 25 percent, nor more than 75 percent in excess of the other nozzle which shall have uniform openings, except that, when the application covers less than the full width, the end nozzle at the junction line shall have the same openings as the interior nozzle. The distributor equipment shall be equipped and operated so that bituminous material at even heat may be applied uniformly on variable widths of surface at readily determined and controlled rates of from 0.02 gallons to 0.50 gallons per squaze yazd, with a pressure range of from 25 ponds to 75 ponds per squaze inch and with an allowable variation from any specified rate not to exceed 5 percent. Distributor equipment shall include a tachometer, pressure gauge, volume measuring devices and a thermometer for reading temperatures of tank contents. D. CLEANING THE BASE Before applying any bituminous material, all loose material, dust, dirt, and foreign material, which might prevent proper bond with the existing surface, shall be removed. Particulaz Gaze shall be taken to clean the outer edges of the strip to be treated in order to insure that the prime or tack coat will adhere. When the prime or tack coat is applied adjacent to curb and gutter, or any other concrete surface (except where they are to be covered with a bituminous wearing course) such concrete surface shall be protected by heavy paper or other protective material while the prime or tack coat is being applied. Any bituminous material deposited an such concrete surface shall be removed immediately. • 4.03-1 E. WEATHER LIMITATIONS No bituminous material shall be applied when the air temperature is less than 50 F in • the shade, or when the whether conditions or the condition of the surface is unsuitable. In no case shall bituminous material be applied while rain is falling or when there is water on the surface to be covered. F. APPLICATION OF PRIME COAT After the base has been finished, the full width of surface shall be swept with a power broom supplemented with hand brooms and mechanical blowers prior to the application of the prime coat. Caze shall be taken to remove all loose dust, dirt and objectionable matter. If deemed necessary, the base shall be lightly sprinkled with water immediately in advance of the prime coat. The prime coat shall be applied to the full width of the base. The temperature of the prime material shall be such as to insure uniform distribution. The material shall be applied with a pressure distributor as specified above. The amount to be applied shall be sufficient to coat the surface thoroughly and uniformly without any excess to form pools or to flow off the base. For limerock base, the rate of application shall not be less than 0.10 gallons per squaze yazd. If the roadway is to be opened for use following the application of the prime material, a light uniform application of clean sand shall be applied and rolled. The sand shall be nonelastic, shall be free from silt and rock particles and shall not contain and sticks, vegetation, grass, roots or organic matter. After the sand covering has been applied, the surface may be opened to traffic. G. APPLICATION OF TACK COAT • In general, a tack coat will not be used on primed bases except in areas which have become excessively dirty and cannot be cleaned or where the prime has cured and lost all of its bonding effect. Generally, a tack coat will be required on bituminous base courses before placing the surface course. No tack coat shall be applied until the primed base or leaving course has been cleaned and is free from sand, dust or other objectionable material. The tack coat shall be applied with a pressure distributor as specified above. It shall be heated to a suitable consistency and applied in a thin uniform layer at the rate of between 0.02 gallons and 0.08 gallons per squaze yazd. The tack coat shall be applied sufficiently in advance of the laying of the weaiing surface to permit drying, but shall not be applied so far in advance or over such as to lose its adhesives as a result of being covered with dust or other foreign material. Suitable precautions shall be taken by the Subcontractor to protect the surface while the tack coat is drying and until the wearing surface is applied. H. MEASUREMENT • Application of prime and tack coating will not be measured under this Contract. Work specified in this section shall be considered incidental to the asphaltic concrete surface course to follow. -END SECTION 4.03- 4.03-2 8ECTION 4.04 ABPfIALTIC CONCRETE 8URFACE COURBE • A. SCOPE The work specified in this Section consist of the construction of an asphaltic concrete surface course composed of a mixture of aggregates, mineral filler and asphalt cement properly laid upon a prepazed base, in accordance with these specifications and in conformity with the lines, grades, thickness and typical cross section shown on the plans. Asphaltic concrete pavement for azound drain inlets and catch basins shall conform to the following provisions, except placing material may be by hand methods. B. MATERIALS Asuhalt cement, Viscosity Grade AC-20 or AC-30 conforming to the requirements of Florida D.O.T Standazd Specifications, Section 916-1. 2. Coazse A~eaate Coarse aggregate shall consist of naturally occurring materials such as gravel, or resulting from the crushing of pazent rock, to include natural rock, slag, expanded clays and shales (lightweight aggregates) and other approved inert materials with similaz chazacteristics, having hazd, strong, durable particles, comforming to the specific requirements of Florida D.O.T Standazd Specification Section 901 highlighted as follows: a) Los Angeles Abrasions Test (AASHTO T-96) loss shall not exceed 45%. • b) Sum of percentage of Deleterious Substance shall not exceed 10. c) Soundness (FM 1-T104) Maximum loss 12% d) Maximum particle size - 100% passing 1.2" sieve. 3. Fine A~re~ate Fine aggregate shall consist of natural silica sand, screenings, local materials, or subject to approval, other inert materials with similaz chazacteristics or combination thereof, having hazd, strong, durable particles, conformuzg to the specific requirements of Florida D.O.T. Standard Specification Section 902 highlighted as follows: a) Sum of percentages of deleterious substances shall not exceed 3.5%. b) Maximum passing No. 200 Sieve 4% by weight. c) Aggregate containing more than 1.0% of phosphate shall not be used. • 4.04-1 4. Mineral Filler Mineral filler shall consist of limerock dust, Portland Cement, slag dust, hydrated lime or other inert mineral matter approved by the Engineer and conforming to the following gradation requirements: Total Passing No. 30 Sieve 100 Percent Total Passing No. 80 Sieve 95 Percent (Min.) Total Passing No. 200 Sieve 65 Percent (Min.) The mineral filler shall be thoroughly dry and free from lumps consisting of aggregations of fine particulazs. Ground Phophate will not be allowed as a mineral filler. C. GENERAL COMPOSITION OF MIXTURE The bituminous mixture shall be composed of .a combination of aggregate (coazse, fine or mixture thereof, mineral filler and bituminous material. The several aggregate fractions shall be sized, uniformily graded and combined in such proportions that the resulting mixture will meet the grading and physical properties of the approved job mix formula. In all cases, the job mix formula shall be within the design ranges specified in the following tables. S-III Gradation Design Range Percent by weis~ht • Sieve Size Passin 1 / 2-inch 80-100 3/8-inch 75- 93 No. 4 47- ?5 No. 10 31- 53 No. 40 19- 35 No. 80 7- 21 No. 200 2- 3 Marshall Desil~n Properties For Bituminous Concrete Mix Minimum Minimum Minimum Mix Mazshall Flow VMA Effective Type Stability (0.01 in) Air Voids Content (%) (lbs) (%) (%) S-III 1000 8-14 14 4-6 5.0 • _ 4.04-2 D. JOB MIX FORMULA ' Prior to the production of any asphaltic paving mixture, the Contractor shall submit in writing a proposed job mix formula for Type S-III Asphaltic Concrete to be used in constntcting a pavement layer which will be the final payment surface. This mix shall be identified for use as Final Pavement Surface'° and submitted at least two weeks before the scheduled start of production. The Following information shall be furnished: 1. The source and description of the materials to be used. 2. The gradation and approximate proportions of the raw materials as intended to be combined in the paving mixture. 3. A single percentage of the combined mineral aggregate passing each specified sieve. 4. A single percentage of asphalt by weight of total mix intended to be incorporated in the completed mixture. 5. A single temperature at which the mixture is intended to be discharged from the plant. 6. The laboratory density of the asphalt mixture. • 7. Evidence that the completed mixture will conform to all specified physical requirements. 8. The' name of the individual responsible for the Quality Control of the mixture during production. A new design will be required for any change in source of aggregate. -All request for design mix adjustments, redesigns and new design mixes will be submitted in writing to the Engineer. When the Engineer determines that an undesirable surface texture is being produced due to mix conditions, he will require an immediate adjustment to the job mix formula. E. ACCEPTANCE OF THE MIXTURE The bituminous mixture will be accepted at the plat, with respect to gradation and asphalt content, on a LOT to LOT basis. The material will be tested for acceptance in accordance with the provision of Florida D.O.T. standard. Specifications Section 6-8.2. However, any load of mixture which in the opinion of the Engineer, are unacceptable for reason of being excessively segregated, aggregates improperly coated, or of excessively high or low temperature shall be rejected for use in the work. 4-04-3 • F. TRANSPORTATION OF MIXTURE • The' mixture shall be transported in tight vehicles previously cleaned of all foreign material and, if necessary, each load shall be covered with a waterproof canvas cover of sufficient dimensions to protect it from weather conditions . The inside surface of the truck bodies may be thinly coated with soapy water or a mixture of water with not more than five percent of lubricating oil, but no excess of either shall be used. After the truck bodies are coated and before any mixture is placed therein, they shall be raised so that al excess water wildrain out. Kerosene, gasoline or similar products shall not be used to prevent adhesion. G. LIMITATIONS FOR SPREADING The mixture shall be spread only when the surface is properly prepared and intact, firm, cured and dry. No mixture shall be spread when the air temperature is less than 40 degrees F, nor when the spreading cannot be finished and compacted during daylight hours. The temperature of the mix at the time of spreading shall not be less than 230 degrees F and within 25 degrees F of the temperature set by the Engineer. H. PLACING MIXTURE Upon arrival, the mixture shall be dumped into the approved mechanical spreader and immediately spread and struck off to the full width required thickness of m;xt»re will be secured. An excess amount of mixture shall be carried ahead of the screed at all times. Hand racking shall be done behind the machine as required. In limited areas, where, on account of irregularities or unavoidable obstacles, the use of mechanical spreading and finishing equipment is impracticable, the mixture may be • spread by hand. When so authorized. All structures which will be in actual contact with the asphaltic mixture, including the vertical faces of existing pavements and curbs, shall be painted with a uniform coating of asphalt material to provide a closely bonded, watertightjoint. When necessary, due to the traffic requirements, the mixture shall be laid in strips in such manner as to provide for the passage of traffic.' When the road is closed to traffic, the mixture may be laid the full width of pavement, by machines traveling in echelon. Before any rolling is started, the surface shall be checked, any inequalities adjusted, and all drippings, fat sandy accumulations from the screed, and fat spots from any source shall be removed and replaced with satisfactory material. I. COMPACTING MIXTURE The following equipment, sequence and coverage are suggested for use based on past successful performance; however, when required density is obtainable, the Contractor may select his own equipment, sequence and coverage of foiling to meet the m;n;mum density requirements specified. (1) Seal rolling, using tandem steel rollers weighing 5 to 12 tons, and following as close behind the spreaders as is possible without pick-up, un-due displacement or blistering of the material. • - 4.04-4 (2) Rolling with self-propelled pneumatic-tired rollers, following as close behind the sea] rolling as the mix will permit. The roller shall cover every portion of the • surface with at least five passes. (3) Final rolling with the _8- to 12-ton tandem steel roller, to follow after the seal rolling and pneumatic-tired rolling have been completed, but before the pavement temperature has dropped below 140 degrees F. Once the Contractor has selected the equipment and established the rolling procedures and these methods have been used for a control strip density determination, then the Contractor must continue to use the same equipment and rolling procedures for all asphalt mix represented by the control strip, The Engineer must be notified prior to channing the rolling process. After final compaction, the finished pavement shall at no point have a density less than 95 percent of the laboratory compacted density. In all places inaccessible to a roller, such as adjacent to curbs, headers, gutters, bridges, manholes, etc., the required compaction shall be secured with mechanical tamps. Descriptions which may develop before the completion of the rolling shall be remedied by loosing the mixture laid and adding new material to bring such depressions to a true surface. Should any depression remain after final compaction has been obtained, the mixture shall be removed sufficiently and new material added to form a true and even surface. The mixture, after compaction, shall be of the thickness shown on the Drawings. The surface, after compaction, at no place shall show an excess of asphalt, and any area showing such excess, or other defect, shall be cut out and replaced with fresh mixture and immediately compacted to conform with the surrounding area. Any mixture which • becomes loose or broken, mixed or coated with dirt or in any way defective shall be removed and replaced with fresh mixture which shall be immediately compacted to conform with the surrounding azea. Fuel or oil from rollers shall not be allowed to deposit on the pavement and any pavement damage by such deposits shall be removed and replaced. Any mixture remaining unbonded after rolling shall be removed and replaced. J. JOINTS 1. Transverse Joints Placing of the m;xt»re shall be as continuous as possible and the roller shall not pass over the unprotected end of the freshly laid mixture except when the laying operation is to be discontinued long enough to permit the mixture to become chilled. When the laying operation is thus interrupted, a transverse joint shall be constructed by cutting back on the previous run to expose the full depth of the mat. 2. Longitudinal Joints Where only a potion of the width of pavement is to be laid and opened to traffic, longitudinal joints shall be formed by rolling the exposed edge of the strip first laid. When the adjacent stripes constructed, the edge of the mixture in place shall be trimmed back so as to expose and unsealed or granulaz vertical surface. When the strip first laid is closed to traffic, the edge shall not be sealed, but shall be left vertical • and the adjacent strip placed against it without trimm;ng. 4.04-5 3. General The exposed edge of the transverse joints, trimmed or formed as provided above, shall • be painted with thin coat of hot asphalt cement just prior to the laying of fresh surface course mixture adjacent. The fresh m;Yt„*e shall be raked adjacent. The fresh mixture shall be raked against the joint and rolled to produce an even, well-compacted joint. K. SURFACE REQUIREMENTS For the purpose of testing the finished surface, a 10-foot straightedge shall at all times be available on the work. The Contractor shall provide for designate some employee whose duty it is to handle the straightedge in checking all rolled surfaces, under the direction of the Engineer. The finished surface shall be such that it will not vary more than 1/4- inch from the 10-foot straightedge applied pazallel to the centerline of pavement. The finished surface shall be uniform texture and compaction having no pulled, torn for loosened portions and shall be free of segregation's, and streaks, sand spots, or ripples. Such portions of the completed pavement that aze defective in surface compaction or in composition, or that so not comply with all other requirements of these specifications, shall be taken up and replaced with suitable mixture, properly laid in accordance with these specifications and at the expense of the Contractor. L. THICKNESS REOUIREMENTS The thickness of the compacted asphaltic concrete surface course shall be no less than that shown on the Drawings as determined by coring. Any surface course found to be less than that thickness shall be replaced. M. PROTECTION OF PAVEMENT • After the completion of the pavement, no vehicular traffic of any kind shall be permitted on the pavement until it has set sufficiently to prevent rutting or other distortion. N. MEASUREMENT The quantities under this Contract shall be determined by actual measurements of the completes items, in place, ready for service and accepted by the Owner, in accordance with the applicable method of measurement therefor contained herein. The quantities shown on the issued or construction set of drawings shall be the maximum to be measured, unless an approved drawing revision is issued. A representative of the Contractor shall witness all field measurements. 1. QUALIFICATION OF ITEM DESCRIPTIONS Item 4.04 Asphaltic Concrete Surfacing Asphalt surface course azea shall be measured in the field when the surface is complete and accepted, including underlying bituminous prime and/or tack coat. -END OF SECTION 4.04- 4.04-6 • SECTION 4.05 CONCRETE CURB AND GUTTER • A. GENERAL Concrete curb and gutter shall be constructed to the lines and grades as shown on the Drawings by either conventional forming and placement or machine extrusion. Flumes and Hazed ends, incidental to the valley gutters shall be formed and hand finished. B. MATERIALS 1. Concrete Concrete shall be Class I that conforms to the requirements of Section 345, Florida D.O.T. Standazd Specifications. 2. Reinforcints and Welded Wire Fabric Baz reinforcing and welded wire fabric shall conform to the requirements of Section 415, Florida D.O.T. Standard Specifications. 3. Performed Joint Filler Performed joint filler shall conform to the requirements of ASTM Designation D 1751. 4. Membrane Curinr~ Comt~ound Membrane curing compound shall be cleaz with fugitive dye and conform to the • requirements of AASHTO Designation M 148-74, Type 1-D. C. EXECUTION 1. General The concrete curb, curb and gutter and valley gutter shall be constructed on a prepared smooth subgrade of uniform density. Large stones and other obstructions shall be removed to a minimum depth of 6-inches below the finished subgrade elevation and the space shall be backfilled with sand, base course material or other suitable material which shall be thoroughly compacted by rolling or tamping. Concrete for curbs, combination curb and gutter and valley gutters, shall be formed, mixed, placed and brush finished in conformance with the requirements of Section 14 except as modified herein. Concrete shall be cured with cleaz membrane curing compound which shall be applied at a uniform rate of one gallon per 200 squaze feet by a mechanical sprayer. Curing compound shall not be applied during periods of rainfall. Should the film become damaged from any cause within the required curing period, the damaged portions shall be repaired immediately with additional compound. Upon removal of the side forms, the exposed sides shall immediately be coated to provide a curing treatment equal to that provided for the surface. The earth shall be compacted and graded against curb edges in a satisfactory manner • without damage to the concrete work. - 4.05 1 2. Control Joints • One-half inch expansion joints shall be placed in concrete curb, curb and gutter and valley gutters at intervals not to exceed 500-feet and scored joints shall be placed at intervals not to exceed 10-feet. Scored joints may be either formed or sawed and shall extend to a depth of 6-inches below the top of curb and a depth of 1-1/2 inches below the surface of gutters. One-half inch expansion joints shall be placed at all radius points and inlets. D. MEASUREMENT The quantities under this Contract shall be determined by actual measurement of the completed items, in place, ready for service and accepted by the Owner, in accordance with the applicable method of measurement therefor contained herein. The quantities shown on the issued for construction set of drawings shall be the maximum to be measured, unless an approved drawing revision is issued. A representative of the Contractor shall witness all field measurements. 1 QUANTIFICATION OF ITEM DESCRIPTIONS Item 4.05 Concrete Gutter and Curb and Gutter Concrete sections shall be field measured along the invert of sections actually constructed in lineaz feet (no sepazate measurement for transitions.). • -END SECTION 4.05- 4.05-2 • 05 3TORMWATER DRAINAGE SECTION 5.01 GRAVITY DRAINAGE A. SCOPE The work covered and described in this Section includes the furnishing and construction of storm drains, inlets and other drainage structures as shown on the Drawings and specified herein. B. GENERAL Drainage ditches shall be constructed under the provisions of Section 3.01, ~Earthworl~. Storm drainage pipe shall be either galvanized corrugated steel or reinforced concrete pipe. C. MATERIALS Corrugated Metal Pipe Zinc coated (galvanized) corrugated steel culvert pipe and pipe arch shall conform to the requirements of AASHTO Designation M-36 and shall be bituminous coated in conformance with the requirements of ASSHTO Designation M-190, Type A. 2. Concrete Pine Concrete pipe shall be reinforced concrete culvert pipe conforming to ASTM Designation C 76, Class III, except when otherwise indicated. Reinforced concrete horizontal elliptical pipe shall conform to the requirements of ASTM Designation C 507, Class HE III. Pipe joints shall be rubber gasket joints and the pipe joint shall be manufactured to meet the requirements of the approved type of gasket to be used. Pipe .joints and rubber gaskets shall conform to the requirements of Sections 941 and 942 of the DOT Standard Specifications. 3. Comxgated Pine Watertight Coupling Bands Corrugated pipe shall be field jointed with a locking band not less than 12-inches wide for culverts with diameters of 8-inches to 60-inches inclusive, and not less that 24- inches wide for culverts with diameters greater than 60-inches. Cellular rubber gaskets shall conform to ASTM Designation D-1056, sponge and expanded cellular rubber products, Grade No. SCE 41 and shall be 1-inch depth corrugations and shall be 5-inches wide for pipe 60-inches or lessin diameter and 7- incheswide for pipe over 60-inches in diameter. The gasket shall be stretched not more than 20 percent of its original circumference when seated on the pipe prior to placing the band. 4. Brick Brick for drainage structures shall be dense, hard burned, shale or clay brick conforming to ASTM Designation C-32, Grade NM or C-62, Grade MW, except that brick absorption shall be between five and twenty-five grams of water absorbed in one minute by dried brick, set flat face down, in 1 / 8-inch of water. • 5.01-1 5. Cement Mortar • Cement mortaz for manhole construction shall be one part cement and three parts clean sharp sand to which may be added lime in the amount of not over two percent volume of cement. It shall be mixed dry and then wetted to proper consistency for use. No mortars that have stood for more than one hour shall be used. 6. Concrete Concrete shall conform to the requirements of Section 14.01, "Concrete", and unless otherwise specified all concrete shall be Class I. 7. Precast Concrete Units Precast concrete inlets shall conform to the requirements of Section 14.01, Concrete", of these specifications. Concrete for use in precast units shall be Class IV. 8. Cas ' s Castings for inlets and manholes shall conform to the ASTM Designation A-48, Class 25. Castings shall be true to pattern in form and dimensions and free of pouring faults and other defects in positions which would impair their strength or otherwise make them unfit for the service intended. No plugging or filling will be allowed. Casting patterns shall conform to those shown or indication on the Drawings. Manhole frame and cover shall by U.S. Foundry and Manufacturing corporation Model #650 or approved equal. • D. EXECUTION 1. Pine Trenches Fipe trenches shall be constructed in accordance with Section 3.02 Excavation and Backfill for utility Systems" of these specifications. 2. I.ayinrs Corrur~ated Pipe All corrugated pipe shall be cazefully laid, true to the line and grade shown on the Drawings. The pipe gasket and coupling band shall be centered over the joint with the coupling band bolts securely tightened without cutting the gasket. Fill placed azound the pipe shall be deposited on both sides simultaneously to approximately the same elevation and uniformly compacted. Whenever the pipe laying is discontinued, as at night, the unfinished end is to be securely protected from displacement due to caving of the banks or from injury and a suitable stopper is to be inserted therein. 3. I.ayinf¢ Concrete Pipe All pipe shall be carefully laid true to the line and grade shown on the Drawings. Any deviation from true alignment of grade which would result in a displacement from the normal position of the gasket of as much as 1/4 inch, or with would produce a gap exceeding 1/2 inch between sections of pipe for more than 1/3 of the circumference of the inside of the pipe, will not be acceptable and where such occurs, the pipe shall be relaid without additional compensation. No mortaz, joint compound or other filler • which would tend to restrict the flexibility of the gasket joint shall be applied to the gap. Pipes having defects that have not caused their rejection are to be so laid that these defects will be in the upper half of the drain. 5.01-2 Before installation of the pipe gasket, the gasket and the surface of the pipe joint, • including the gasket recess shall be clean and free from grit, dirt or other foreign matter at the time the hounts aze made. In order to facilitate closure of the joint, application of an approved vegetable soap lubricant immediately prior to closing of the joint will be permitted. All pipes shall be laid with bells or grooves uphill. As the pipes aze laid throughout the work, they must be thoroughly cleaned and protected from dirt and water. No length of pipe shall be laid until the two preceding lengths have been thoroughly bedded in place so as to prevent any movement or disturbance of the finished joint. No walking on or working over the pipes after they aze laid, except as may be necessary in tamping earth and backfilling, will be permitted until they aze covered to a depth of one (1) foot. Fill placed azound the pipe shall be deposited on both sides simultaneously to approximately the same elevation and uniformly compacted. Whenever the pipe laying is discontinued, as at fight, the unfinished end is to be securely protected from displacement due to caving of the banks or from other injury and a suitable stopper is to be inserted therein. 4. Drainage Structures Concrete inlets and other structures shall be constructed in conformity with the Drawings. Forms shall be designed and constructed so that they may be removed without injury to the concrete and shall be left in place for at least 24 hours after concrete is placed. Concrete shall be thoroughly vibrated and shall be cured for at least five (5) days after removal of forms. Honeycomb places shall be thoroughly chipped away, saturated with water and pointed up with mortar. • In locations where a field pour is made against existing concrete, that joint surface shall be cleaned free of latents, loose aggregate and all other foreign material. Immediately prior to concrete placement, the joint surface shall be painted with and approved epoxy based bonding agent. Precast inlets or manholes may be used in lieu of cast-in-place structures. All pipe penetrations to precast units shall be surrounded with non-shrink grout backfill. Grates aze to be set in mortar to the proper line and grade. 5. Maintenance of the System Throughout the construction period, the Contractor shall protect these permanent works from the infiltration of sand and other debris which will adversely affect the operation of the system. If at any time preventive measures should fail and obstructive material is deposited in the system the Contractor shall flush the piping clean and remove all deposits from inlets. These temporary erosion control methods and system maintenance, if necessary, shall be performed as directed until final acceptance. E. MEASUREMENT The quantities under this Contract shall be determined by actual measurement of the completed items, in place, ready for service and accepted by the Owner, in accordance with the applicable method of measurement therefor contained herein. The quantities shown on the issued for construction set of drawings shall be the maximum to be measured, unless an approved drawing revision is issued. A representative of the • Contractor shall witness all field measurements. 5.01-3 1 QUANTIFICATION OF ITEM DESCRIPTIONS • Item 5.01 Reinforced Concrete Pipe Concrete stormwater drainage pipe shall be field measured along the pipe centerline between the center of inlets or to the end of the pipe. Item 5.02 Bituminous Coated Corrugated Metal Pipe Corrugated metal stormwater drainage pipe shall be field measured along the pipe centerline between the center of inlets or to the end of the pipe. Item 5.03 Stormwater Inlet Measurement of the various types of inlet structures will be the number of units constructed and accepted. A complete inlet shall include the cast iron frame and grate set to grade and the jointing of all pipes connecting to it. Item 5.04 Stormwater Manholes Measurement of the various types of manholes will be the number of units constructed and accepted. A complete manhole shall include jointing of all pipes connecting to it and the cast iron frame and cover set to grade. Item 5.05 Polyethylene Pipe Polyethylene Pipe shall be ADS N-12 pipe, drains and fittings; all shall meet ASTM F 405-82A Standazds, Latest Edition, similar to pie, drains and fittings manufactured by • advanced Drainage Systems, Inc. or approved equal. r~ LJ - -END SECTION 5.01- 5.01-4 • 07 POTABLE WATER SECTION 7.01 WATER DISTRIBUTION SYSTEM A. GENERAL Sc_ one • The work under this Section includes providing a complete system of water distribution pressure piping and appurtenant items, constructed of the materials indicated on the Drawings. 2. Excavation and Backfill All excavation, prepazation of pipe bedding, backfilling and related work shall conform to the requirements of Section 3.02, `'Excavation and Baclcf'ill for Utility Systems". 3. Water in Excavation Water shall not be allowed in the trenches while the pipes are being laid .and/or tested. The Contractor shall not open more trench than the available pumping facilities aze able to de~cater to the satisfaction of the Engineer. The Contractor shall assume responsibilit}' for disposing of all water so as not to injure or interfere with the normal drainage of the territory in which he is working. In no case shall the pipelines being installed be used as drains for such water, and the ends of the pipe shall be kept properly and adequatel}' blocked during construction by the use of approved plugs and not by improvised equipment. All necessary precautions shall be taken to prevent the entrance of mud, sand, or other obstructing matter into the pipelines. If on completion of the work any such material has entered the pipelines, it must be cleaned as directed by the Engineer so that the entire s}•stem ~izll be left clean and unobstructed. 4. Shop Dra~eZnas/~,•laterial Submittals/Test Certificates Documents for approval shall be submitted in accordance with Article SC-17 of the Special Conditions and shall include but not to be limited to the follo~~ing: material Submittals -complete ~~-ith manufacturers product specifications, Mill Test Certificates or certified test reports for the follo~~-ing permanent materials: a. Pipe (all types) b. Valve Boxes c. Backflo~v Prevention Components ci. Any material differing from makes and models listed as approved by these specifications. li. Shop Drawings - r~ U a. Temporary plug and anchorage system for hydrostatic testing. b. Baclcflo~v Prevention arrangements c. All Non-Standard structures or piping and component layouts. 7.01-1 • 5. Design Reouirements Water mains shall be laid with a minimum cover of 30-inches below finished grade, unless otherwise indicated. Changes in horizontal alignment of 45 degrees or less may be achieved through use of allowable pipe deflection in lieu of the fittings shown on the Drawings at the Contractor's option, but subject to approval of the Engineer as to layout. Said deflection or bevels shall not exceed limits set forth in applicable AWWA Standazds. B. MATERIALS Ductile Iron Pipe and Fittings a. Ductile Iron Pipe: Ductile iron pipe shall conform to the requirements ofA~VWA Standazd C-151, Class 51 all sizes. Joints for ductile iron pipe shall be mechanical or push on joints except as other«ise specified. Pipe interior shall have bituminous seal coat over a cement mortar lining conforming to AWWA Standazd C-104. Exterior of pipe shall have a standard 1 mil. bituminous coating. --~ b. Fittings: All ductile iron fittings shall be mechanical joint ~~zth a minimum pressure rating of 350 psi, and shall conform to the requirements of AWWA Standard C-110. Mechanical joint type fittings shall be cement lined, seal coated and • outside coated as specified above for ductile iron pipe. Joints: Mechanical joints consisting of bell, socket, gland, gasket, bolts and nuts shall conform to AWWA Standard C-111. Bolts shall be high strength, annealed, cast iron, or high strength low alloy steel, T-head type having hexagonal nuts. Bolts and nuts shall be machined true-and nuts shall be tapped at right angles to a smooth bearing surface. Single seal gasket push on type joints shaIl conform to the requirement s of AV~+~VA C-111. Positioning of a continuous, molded, rubber ring gasket in an annular recess in the pipe or fitting socket and forcing of the plain end of a pipe into the socket compresses the gasket radically to form a positive seal. The gasket and annular recess shall be redesigned to lock in place against displacement. d. Gaskets: Gaskets shall be of vulcanized crude rubber or vulcanized synthetic rubber. Gaskets shall be free of porous areas, foreign materials and visible defects. 2. Polwinyl Chloride Pipe and Fittings a. Pipe: Polyvinyl Chloride (PVC) pipe 4-inches and larger in diameter shall conform to the requirements of A~V~VA C-900, DR 18, latest revision. All PVC pipe shall bear the approval se~1 of the National Sanitation foundation (NSF) for potable cater pipe. 7.01-2 Polyvinyl chloride pipe smaller that 4-inches shall conform to the requirements of ASTM Designation D 2241, pipe with a minimum working pressure rating of 160 psi at ?3.4 degrees F for unthreaded pipe. b. Fittings: Fittings for PVC pipe 4-inches and lazger shall be ductile iron, conforming to A~V~VA C~-110. Fittings for PVC pipe smaller that 4-inches shall be Schedule 80 PVC with solvent weld joints and conform to the requirements of ASTM Designation D 2467. Joints: PVC pipe 4-inches and larger shall have provision for expansion and contraction provided in the joints. All joints shall be designed for push on make up connection. A push on joint may be a coupling manufactured as an integral pazt of the pipe barrel consisting of a thickened section with an expanded bell with a groove to retain a rubber sealing ring of ttniform cross section similar and equal to Johns- Rtanville Ring-Tile or may be made with a separate twin gasketed coupling similaz and egttal to Certified Fluid-Tile. Circulaz gaskets shall conform to the requirements of ASTM Designation F 477. Joints in PVC pipe smaller than 4-inches shall be solvent welded in accordance «zth the recommendations of the pipe manufacturer using the solvent welding compound non-sulphur based, furnished ~~Zth the pipe. At threaded joints behreen PVC and metal pipes, the metal shall contain the socket end and the PVC side the spigot. A metal spigot shall not, under any circumstances, be screwed into a P~'C socket. 3. Copper Tubing • Copper tubing for underground Crater sen•ice shall be T}'pe `I:' roll copper and fittings shall be of the compression type. o 4. Electronic A'fazker System The electronic makker shall be constructed of high density polyeth}•lene. The makker shall be a passive device. capable of operating at a depth of si_x feet «ith a discrete response frequenc}• and be blue for potable use to confotzn with AP~VA's, Uniform A•Iazkings and Surface Field lclentification by Uniform Color code Standazds. The makker shall be designed to have a 40 yeaz life. blazkers shall be either blue E.h~1.S. water marker X1252 or blue E.AI.S. water mini-marker #1257. S. Gate Valves Gate valves 3-inches in diameter and larger shall be iron bod}', nonrising stem, bronze mounted gate valves, mechanical or single gasket push on type joints, conforming to requirements of the A~V~VA Standard C500 complete «zth a 2-inch square operating nut. 1,'alves shall be of the resilient seat type and shall turn to the left (counterclocl.~c-ise) to open. The seat and wedge shall have smooth, perfectly machined surfaces anti shall be watertight when in contact. All valves shall be provided w-i[h O-ring stem seals. The design and machining of valves shall be such as to permit replacing the O-ring seals evhile in service without undue leakage. Valves shall be iV18:H Series 67, American 55, Mueller 2380-20, Clow F5065, I:ennedy 571X or approved equal. • Valves for pipe less than 3-inches in diameter shall be bronze, ball type valves, itlueller H-10283, Forcl B-11 series or approved equal. 7.01-3 • 6. Valve Boxes Cast iron valve boxes shall be provided for all valves installed underground. The valve boxes shall be adjustable to fit the depth of earth cover over the valve and shall be designed so as to prevent the transmission of surface loads directl}• to the valve or piping. The valve bones shall be provided with covers marked WATER which shall be Clow Corporation No. F-2452 for gate valves, and h1ue11erCompany No. H-10336 for ball valves or approved equal. Extension sections shall be cast iron only. The protective ring shall be constructed of Class I concrete. 7. Hydrants fire hydrants shall be of the dry•-bazrel type ~~-ith break away upper sections capable of ready replacement without water loss in the event of traffic damage. They shall be designed for a working pressure of 150 pounds per square inch and shall conform to AW~VA Standazd C502, `Fire Hydrants for Ordinaz}• Water Works Service". Each h}•drant shall have a 6-inch bottom inlet connection and valve opening at least 5 1/4- inches in diameter. H}•drants shall turn to the left (counterclocl:~vise) to open. Each hydrant shall be fitted ~crith one 4 1 /2-inch pumper connection, and ttvo 2 1 J~-inch hose connections, both having threads that conform to the Fire Division Standazd for the area. Hose caps shall be chained to the hydrant barrel and fitted with nuts similaz to the hydrant operating nuts. Each hydrant shall have a barrel of sufficient length to bring the bottom of the 6-inch pipe connection 30-inches belocv the surface of the finished ground. Each hydrant shall be made in at least t~vo sections bolted together. All interior ~vorl:ing parts of the hydrant shall be removable from the top of the hydrant • to allow repairs ~cithout removing the hydrant barrel after it has been installed. Hydrants shall have renewable O-ring stem seals and shall be I:ennedy 1:-81-A, h~tueller Centurion, i~-1&H 929, American Darling B-S4-B or equal. H}~drant barrels shall be painted as per Seacoast Utilities Standards. All hydrants shall be located a at or near road lines or as shown on the Drawings t~~th the pumping nozzles facing the roadwa}•. 8. Tapping Saddles and Corporation Stops Tapping saddles and corporation stops shall be provided and installed at locations as shown on the Drawings. Saddles shall be double strap ductile iron or bronze units and rated for 160 psi working pressure. Steel units will not be acceptable. The Contractor- shall determine the outside diameter of the existing main before ordering the service clamp. Valves shall be Ford Meter Box Co. T}•pe F-1000, i~fueller Co. Type H-10046 or approved equal «zth inlet having AW~VA (cc) tapered threads to match saddle and outlet for PE pressure tubing or Type I~ copper tubing. 9. Curb Stops/it~Ieter Valves Curb stops shall be Ford A~Ieter Box Co. Type B~~I13-444, Mueller Co. T}•pe H-14331 or approved equal «•ith inlet Adaptable to Polyethylene Tubing or Type 1; Copper Tubing and outlet threaded to suit a 1" meter. Usage of angle curb stops is not desired. 10. Tapping Tee and Valve • A ductile cast iron split-sleeve tee in accordance «zth A~~'~VA C-110 and tapping valve of the brand .and model listed in the `shop" specifications shall be installed in accordance with special procedures when a `vet" tap of existing ductile iron water mains is required. 7.01-4 11. Miscellaneous Items • Other items necessary for the complete installation and not specified herein shall conform to the details and notes shown on the Dra«zngs. All minor items implied, usually included, or required for the construction of a complete operating system shall be installed whether shown on the detail drawings or not. C. EXECUTION 1. Pipe Inspection The Contractor shall obtain from the pipe manufacturers a certificate of inspection to the effect that the pipe and fittings supplied for this contract have been inspected at the plant and that they meet the requirements of these specifications. All pipe and fittings shall be subjected to visual inspection at time of delivery on-site and just before they are lowered into the trench for installation. Joints or fittings that do not conform to these specifications will be rejected and must be removed immediately by the Contractor. The entire product of any plant may be rejected when, in the opinion of the Ocvner, the methods of manufacture fail to secure uniform results, or «here the materials used aze such as to produce inferior pipe or fittings. 2. Laving Pipe a. Cradle: Upon satisfactory excavation of the pipe trench and compaction of the pipe bedding, a continuous trough for the pipe barrel and recesses for the pipe bells, or couplings, shall be excavated by hand digging. When the pipe is laid in the prepared trench, true to line and grade, the pipe barrel shall receive continuous, uniform support and no • pressure will be exerted on the pipe joints from the trench bottom. b. Cleanliness: The interior of the pipes shall be thoroughly cleaned of all foreign matter before being gently lowered into the trench and shall be kept clean during la}'ing operations by means of plugs or other approved methods. During suspension of work for any reason at any time, a suitable stopper shall be placed ~n the end of the pipe last laid to prevent mud or other foreign material from entering the pipe. Gradient: Lines shall be laid straight, and depth of cover shall be maintained uniform «-ith respect to finish grade, «•hether grading is completed or proposed at the time of pipe installation. ~~'hen a grade or slope is sho~~n on the Drawings, batter boazds ~t-ith string line paralleling design grade, or other previously approved means, shall be used by the Contractor to assure conformance to required grade. d. Pipe Joint Deflection: ~L'henever it is desirable to deflect pipe, the amount of deflection shall not exceed the maximum limits as shown ,in A~VWA Standard C-600. e. Rejects: Any pipe found defective shall be immediately removed and replaced «zth sound pipe at the Contractor's expense. f. PVC: Polyvinyl chloride pipe ma}• be damaged by prolonged exposure to direct sunlight and the Contractor shall take necessar}• precautions • during storage-and installation to avoid this damage. 7.01-5 Pipe shall be stored under cover and sufficient backflll shall be laced to shield it from the sun as the pipe is installed. g. Joint Compounds: 1Vo sulphur base joint com ound shall be us P ed. h. Anchors: Concrete thrust blocks shall be placed at all bends, tees, plugs and other fittings to provide lateral support. Thrust blocks shall conform to the details shown on the Drawings, and previous)}' a„areed to, sufficient notice shall be given to Seacoast Utilities, Inc. to enable inspections. 3. Ductile Iron Pine Joints a. Type: The joints of all pipelines shall be made absolutely tight. The particulaz joint used shall be approved by the Engineer prior to installation. ~Vhere sho~c7t on the Drawings vibration is likely to occur, pipe joints shall be mechanical. b. Mechanical Joints: All types of mechanical joint pipes shall be laid and jointed in full conformance «7th the manufacturer's recommendations, which shall be submitted to the Engineer for review and approval before tvorl: is beg tn. Only especially skilled workmen shall be permitted to make up mechanical joints. Torque wrenches set as specified in AtV~VA Specification C-111, shall be used; or spanner type «Tenches not longer than specified therein may be used ~~7th the permission of the Engineer. c. Push on Joints: Push on joints shall be made in strict, complete • compliance «zth the manufacturer's recommendations. Lubricant shall be an inert, nontoxic, water soluble compound incapable of hazboring, supporting, or culturing bacterial life. Manufacturer's recommendations shall be submitted to the Engineer for review and approval before work is beg tn. 4. Installing Valves and Bogies A. Valves: Valves shall be carefully inspected, opened «zde and then tightly closed and the various nuts and bolts shall be tested for tightness. Special caze shall be taken to prevent an}• foreign matter from becoming lodged in the valve seat. Gate valves, unless shown otherwise, shall be set ~~zth their stems vertically above the center line of the pipeline. Butterfly valves shall have the disc shaft installed horizontal)}•. Aiz}' valve that does not operate correct)}• shall be removed and replaced. b. Valve Boxes: Valve boxes shall be cazefully centered over the operating nuts of the valves so as to permit a valve lce}• to be fitted Basil}' to the operating nett. In areas to be paved, valve boxes shall be set to conform to the level of the finished surface and held in position by a ring of concrete placed under the support flange as sho«Tt on the Drawings. The valve box shall not transmit surface loads to the pipe or valve. Care shall be taken to prevent earth and other material from entering the valve box. An}• valve box which is out of alignment or whose top does not conform to the finished ground surface shall be dug out and reset. Before final acceptance of the work all valve..boxes shall be adjusted to finish grade. 7.01-6 ~5. Installing Hydrants Hydrants shall be set plumb and in true alignment with mains. They shall be securely braced against the end of the trench with concrete thrust blocks as shown on the Drawings. Hydrant, gate valve and hydrant tee (when hydrant is vc-ithin ten feet of the main) shall be tied together to resist thrust as a unit with 3/4 inch steel tie rods coated «zth a minimum of 8 mil. thick Koppers 300 or an approved equal bituminous coating as detailed on the Drawing. Care shall be taken to insure the free draining of the hydrant barrel and, to this end, coarse material shall be placed around the drain outlet. Backfilling around hydrants shall be carefully done so as not to disturb the hydrant and shall be thoroughly compacted so as to support the hydrant securely. 6. Prevention of Electrolysis Where deemed necessary, electrolysis action through the contact of dissimilar metals, shall be prevented by either: a. The separation of one material from the other by means of an insulating or dielectric coupling, or: -. b. The use of alternative materials, as directed by the Engineer. ~. Concrete Encasement Concrete encasement shall be constructed in accordance with details shown on •the Dra~czn~s and shall be constructed of Class C concrete. Encasement shall be constructed ~~here: a. Indicated on the Detail Dra«zng with Engineer-of-Record concurrence. b. The Engineer-of-Record/Utility Company, shall request the line encasement in writing. The points of beginning and ee di heof ipe from cracking dueato unevenmsettlement of inches from a pipe point to prof p p its foundation or the effects of superimposed live loads. 8. Installing Tan to E~istin~ 1\~iain Tapping tee and valve may be installed and tap made after an approved pressure and leakage test on the tee and valve. A representative from the Utility Company must be present for this test. As the coring is completed the ne~v valve shall be closed and therefore again isolating the ehisting system. The new system may no~v be connected, only by implementing double valuing. Valves cannot and «-ill not be opened until after an approved pressure and leakage test has been successfully completed and the new system has biological clearance. 9. Flushing All water mains shall be flushed to remove all sand and other foreign matter. The • velocity of the flushing water shall be at least 2.5-feet per second and shall be sustained a sufficient time to replace the water in the main at least twice. Flushing 7.01-7 11. Allowable Limits for Lealca~e The hydrostatic pressure tests shall be performed as hereinabove specified and no installation, or section thereof, will be acceptable until the leakage is less than the number of gallons per hour as determined by the formula: L (SD/P).5 133,200 in ~rhich, L =Allowable leakage, in gallons per hour S =Length of pipe to be tested D =Pipe diameter, in inches P =Average test pressure during the test, in psi gauge ~~'ater shall be supplied to the main during the test period as required to maintain th,e test pressure as specified. The quantity used, which shall be compared to the above allowable quantity, shall be measured b}• pumping from a calibrated container. A 5/8- inch meter installed on the discharge side of the pump may be used to measure the leakage for large mains ~~•hen approved by the Engineer. 12. Disinfection • Disinfection of mains shall comply «zth A~V~VA C-601 Latest Revision. Each unit of completed supply line and districution system shall be thoroughly flushed and then disinfected ~c-ith chlorine. chlorine may be applied b}• the folio«irtg methods: liquid chlorine or hypochlorite and water mixture. Flushing shall be at sufficient velocity to remove dirt and other foreign matter through fire hydrants or other approved blow offs. The amount of chlorine then applied, shall be sufficient to provide a dosage of not less than fift}' pazts per million (50 ppm). The chlorine material shall be introduced to the water lines and distribution s}'stems in a manner approved by the Engineer and after a contact period of not less that eight hours, the system shall be flushed with clean water until the residual chlorine content is not greater than 0.2 parts per million (free chlorine). All valves in the lines, being disinfected, shall be opened and closed three times during the contact period. The Contractor shall make all arrangements «Zth a certified testing laboratory to take all water samples requit•ecl for bacteriological tests, and shall continue the disinfection process until the Palm Beach Count}' Health Department gives ~~Titten approval of the grater lines and distribution system being disinfected. The Contractor shall install sampling taps required to take all necessary water samples at points designated by the Health Department. Health Departments approval shall be accomplished at the full expense of the Contractor. 13. Connection to Existins System Procedure All connections to existing mains shall be made after complete disinfection of the proposed system and shall be made under the direction of the owners of the existing system. Valves sepazating the mains being installed from existing mains shall be operated b}~ the Utility Compan}~ personnel. The cost of the work in making the connections shall be paid for b}• the Contractor. 7.01-9 12 LANDSCAPING • SECTION 12.01 SOLID SODDING A. SCOPE The work specified in this Section consists of the establishing of a stand of grass, within the azeas indicated on the Drawings, by the furnishing and placing of grass sod, fertilizing, watering an maintaining the sodded azeas to assure a healthy stand of grass. B. MATERIALS 1. Grass Sod Grass sod shall be Bahia grass, and shall be well matted with grass roots. The sod shall be taken up in rectangles, preferably 12 inch by 24 inch, shall be a m;n;mum of two (2) inches in thickness and shall be live, fresh and uninjured at the time of planting. It shall be reasonably free of weeds and other grasses and shall have a soil mat of sufficient thickness adhering firmly to the roots to withstand all necessary handling. The sod shall be planted as soon as possible after being dug and shall be shaded and kept moist until it is planted. 2. Fertilizer Commercial fertilizers shall comply with the state fertilizer laws. The numerical designations for fertilizer indicate the minimum percentages respectively of (1) total nitrogen, (2) available phosphoric acid and (3) water soluble potash contained in the • fertilizer. Type I fertilizer, as hereinafter specified, shall be used unless Type II fertilizer or another designation is specifically called for on the Drawings or authorized by the Engineer.. Liquid fertilizer will not be permitted. a. Type I Fertilizer: The chemical designation of this fertilizer shall be 12-8-8, with at least 50 percent of the nitrogen from a nonwater soluble organic source. The nitrogen source may be aurea-formaldehyde source provided it is not derived from a waste product of the plastic industry. b. Type II Fertilizer: The chemical designation of this fertilizer shall be 12-12-8, and at least 50 percent of the nitrogen shall be from aurea- formaldehyde source, and at least 50 percent of the phosphoric acid shall be from regulaz superphosphate. 3. Water for Grassing The water used in the sodding operations may be obtained from any approved spring, pond, lake, stream or municipal water system. The water shall be free of excess and harmful chemicals, acids, alkalies, or any substance which might be harmful to plant growth or obnoxious to traffic. Salt water shall not be used. 12.01-1 • C. CONSTRUCTION METHODS Prepazation of Ground Where ever practical slopes shall be flattened to m;n;m;~e the effect of erosion. The azea over which the sod is to be placed shall be scarified or loosened to a suitable depth and then raked smooth and free from rocks or stones. Where the soil is sufficiently loose, the Engineer, at his discretion, may authorize the elimination of ground prepazation. 2. A lication of Fertilizer Before applying fertilizer, the soil ph shall be brought to a m;n;T„um range of 6.0 - 7.0. The fertilizer shall be spread uniformly over the area to be sodded at the rate of 800 to 1000 pounds per acre by a spreading device capable of uniformly distributing the material at the specified rate. Immediately after spreading, the fertilizer shall be mixed with the soil to a depth of approximately four (4) inches. On steep slopes, where the use of a machine for spreading or mixing is not practicable, the fertilizer shall be spread by hand and raked in and thoroughly mixed with the soil to a depth of approximately two (2) inches. 3. Placing Sod The sod shall be placed on the prepazed surface with edges in close contact and shall be firmly and smoothly embedded by light tamping with appropriate tools. Where sodding is used in drainage ditches, the setting of the pieces shall be staggered so as to avoid a continuous seam along the line of flow. Along the edges of such • staggered azeas, the offsets of individual strips shall not exceed six (6) inches. In order to prevent erosion caused by vertical edges at the outer limits, the outer pieces of sod shall be tamped so as to produce a featheredge effect. On steep slopes, the contractor shall, if so directed by the Engineer, prevent the sod from sliding by means of wooden pegs driven through-the sod blocks into firm earth, at suitable intervals. Sod which has been cut for more than 72 hours shall not be used unless specifically authorized by the engineer after his inspection thereof. Sod which is not planted within 24 hours after cutting shall be stacked in an approved manner and maintained and properly moistened. Any pieces of sod which, after placing, show an appearance of extreme dryness shall be removed and replaced by fresh, uninjured pieces. Sodding shall not be performed when weather and soil conditions aze, in the Engineer's opinion, unsuitable for proper results. 4. Watering The azeas on which the sod is to be placed shall contain sufficient moisture, as determined by the Engineer, for optimum results. After being placed, the sod shall be kept in a moist condition to the full depth of the rooting zone for at least two (2) weeks. Thereafter, the Contractor shall apply water as needed until the sod roots and starts to grow for a minimum of 60 days (or until final acceptance, whichever is latest). 12.01-2 5. Maintenance The Contractor shall, at his expense, maintain the sodded azeas in a satisfactory . condition until final acceptance of the project. Such maintenance shall include repairing of any damaged areas and replacing azeas in which the establishment of the grass stand does not appeaz to be developing satisfactorily. Replanting or repair necessary due to the contractors negligence, cazelessness or failure to provide routine maintenance shall be at the Contractor's expense. Replanting necessary due to factors determined to be beyond the control of the Contractor shall be paid for under the appropriate contract pay items. D. MEASUREMENT The quantities under this Contract shall be determined by actual measurement of the completed items, in place, ready for service and accepted by the Owner, in accordance with the applicable method of measurement therefore contained herein. The quantities shown on the issued for construction set of drawings shall be the maximum to be measured, unless an approved drawing revision is issued. A representative of the Contractor shall witness all field measurements. 1 QUANTIFICATION OF ITEM DESCRIPTIONS 12.01 Solid Sod Quantity for measurement of solid sod shall be obtained by field measurement of actual azeas accepted by the Engineer. When the growth appeazs green and flourishing indicating survival of transplanting. • -END OF SECTION 12.01- _ 12.01-3 13 8ITE IMPROVEMENTS SECTION 13.01 CONCRETE BLOCK PAVING A. SCOPE The work specified in this Section consists of the furnishing and installation of block paving and its foundation courses as shown on the drawings and specified herein. B. MATERIALS Paver Blocks Paver blocks shall have a minimum thickness of 2-3/8" and maximum length and width dimensions of 9-1 / 2A and 5-1 / 2'° respectively, conforming to ASTM C936. Nominal compressive strength shall not be less than 8000 psi and average absorption of the test samples shall not exceed 5%. Paver block shapes shall be such that an interlocking pattern may be achieved. 2. Beddinst Sand Sand bedding shall be sharp washed sand complying with ASTM C-33 fine aggregate requirements. C. MATERIAL SUBMITTALS Submit samples made up of actual unit pavers for each color and texture of the type required. Include in each set of samples the full range of exposed color and texture to be expected in the completed work. • D. EXECUTION 1. Paver Block Roadway Sections Subgrade shall be prepazed and compacted as required in Section 4.01 of these Specifications. An 8" base course shall follow as required in Section 4.02 of these Specifications. A 1-1/2A bedding course of approved sand shall be graded to a uniform thickness, taking caze to ensure it remains loose until paving units aze set and compacted. Set Concrete pavers hand tight, being careful not to disturb leveling base. Use string lines to keep straight lines and a block saw to cut edges when full-size units cannot be used. Select units from 4 or more cubes to blend color and texture variations. Do not use paver units with chips, cracks, voids, discolorations or other defects which might be visible or cause staining in finished work. Vibrate concrete pavers into bedding course with a plate vibrator capable of a 3,5001b. to 5,000 lb. compaction force. Perform this operation on installed azeas of paving at end of each day or before any rain. After vibration, sweep fine sand into joints between units. Tolerances: Do not exceed 1 / 16~ unit-to-unit offset from flush, and a tolerance of 1 / 8" in 2'-0" and 1/4" in 10'-0" from level or slope as indicated, for finished surface of paving. • -END OF SECTION 13.01- 13.01-1 SECTION 13.02 CONCRETE SIDEWALK AND PAVER CURB A. GENERAL • Concrete sidewalks shall be constructed to the lines and grades as shown on the Drawings. B. PRODUCTS 1. Concrete Concrete shall be Class I that conforms to the requirements of Section 14. 2. Reinforcing and Welded Wire Fabric Joint reinforcing and welded wire fabric shall conform to the requirements of Section 14, as and when required on the Drawings. 3. Preformed Joint Filler Preformed joint filler shall conform to the requirements of ASTM Designation D 1751. 4. Membrane Curin~2 Comvound Membrane curing compound shall be constructed on a prepared smooth subgrade of uniform density. Large stones and other obstructions shall be removed to a m;n;mum depth of 6-inches below the finished subgrade elevation and the space shall be bacldilled with sand, base course material or other suitable material which shall be thoroughly compacted by rolling or tamping. • Concrete for sidewalks shall be formed, mixed, placed and finished in conformance with the requirements of Section 14 except as modified herein. Sidewalks shall be given a broom finish, with the edges cazefully finished with 1/2" radius edging tool. Concrete shall be cured with cleaz membrane curing compound which shall be applied at a uniform rate of one gallon per 200 squaze feet by a mechanical sprayer. Curing compound shall not be applied during periods of rainfall. Should the film become damaged from any cause within the required curing period, the damaged portions shall be repaired immediately with additional compound. Upon removal of the side forms, the exposed sides shall immediately be coated to provide a curing treatment equal to that provided for the surface. The earth shall be compacted and graded against sidewalk edges in a satisfactory mariner without damage to the concrete work. 2. Control Joints Expansion joints between the sidewalk and curb or driveway or at fixed objects shall be 1/2A preformed filler. Contraction joints may be tooled or sawed. After removal of sheet metal bulkheads, the joints shall be edged with a 1/2" radius edging tool. Sawed joint shall produce a slot 3/16A wide and not less than 1-1/2" deep. Joints at not more than 30 foot intervals shall be produced within 12 hours after finishing. 13.02-1 E. PAVER CURB 1. General Concrete curb used as a transition beam between concrete pavers and asphalt surfacing shall be placed and finished similar to concrete for sidewalks above. F. MEASUREMENT The quantities under this Contract shall be determined by actual measurement of the completed items, in place, ready for service and accepted by the Owner, in accordance with the applicable method of measurement therefor contained herein. The quantities shown on the issued for construction set of drawings shall be the maximum to be measured, unless an approved drawing revision is issued a representative of the Contractor shall witness all field measurements. 1 QUANTIFICATION OF ITEM DESCRIPTIONS Item 13.01 Concrete Sidewalk and Paver Curb Concrete sections shall be field measured along the edge of sections actually constructed in lineaz feet. • -END SECTION 13.02- _ 13.02-2 14 CONCRETE SECTION 14.01 CONCRETE • A. SCOPE The work included under this Section consists of furnishing all materials, forms, transportation and equipment, and performing all necessary labor to construct all the plain and reinforced concrete work shown on the Drawings, or incidental to the proper execution of the work, or as herein specified. B. COMPOSITION Concrete shall be composed of cement, fine aggregate, coazse aggregate, and water, so proportioned and mixed as to produce a plastic workable mixture in accordance with all requirements under this section suitable to the specific conditions of placement. C. MATERIALS 1. Cement Cement for all concrete shall be domestic Portland Cement that conforms to the requirements of AASHTO Designation M-85, Type II or Type III. Type III cement for high eazly strength concrete shall be used only for special locations and only with the approval of the Engineer. 2. Fine A~resate Fine aggregate shall conform to the requirements of Section 902 of the Florida • Department of Transportation °Standazd Specifications for Road and Bridge ConstructionA. 3. Coazse Ar~'et~ate Coarse aggregate shall conform to the requirements of Section 901 of the Florida Department of Transportation °Standazd Specifications for Road and Bridge Construction°. 4. Water Water shall be taken from a potable water supply and shall be fresh, clean and free from injurious amounts of oil, acid, alkali or organic matter. 5. Admixtures No adm;~cttiTes shall be used except by specific approval of the Engineer. When approved, admixtures shall meet the following minimum standazds. a. Air Entraining Agent: ASTM C 260. b. Water Reducing and Retarding Admixtures: ASTM C 494, Type D and free of chlorides. _ 14.01-1 6. Membrane Curing Compound • Membrane curing compound shall conform to the requirements of AASHTO Designation M 48-74, Type I-cleaz or Type 2-white pignZented. D. CLASSIFICATION AND STRENGTH OF CONCRETE 1. Class and min~m_um strength requirements for concrete shall be as tabulated below. Unless otherwise specified, Class II concrete shall be used. 2. Concrete class and strength shall meet the m;n;mum compressive strength requirements at the age of 28 days as shown in the following table. The compressive strengths shall be as determined by standazd laboratory cylinder tests in accordance with the procedure set forth in AASHTO Designation T-22. (See Article H of this Section for quantity and testing cylinders.) Compressive Strength In Pounds Per Sguaze Inch Except as may be modified in the plans, the required minimum 28 day compressive strength for the various classes of concrete shall be as follows: Class I 2,500 psi Class II *3,400 psi Class III 5,000 psi Class IV 4,500 psi *When used for precast manhole constntction, Class II concrete shall have a minimum strength of 4000 psi. E. PROPERTIES AND DESIGN OF CONCRETE MIX 1. Tests and Desian Mix a. The Contractor, 30 days before the beginning of concrete work, shall advise the Engineer of the proposed source of the ready-mixed concrete, which the Contractor intends to use in the work. A design mix which has been used by the concrete supplier before, may be submitted for approval provided the proportions and strengths meet the requirements of this specification. b. The source and manufacturer of material after once having been approved shall not be changed by the Contractor, except as approved by the Engineer, and additional laboratory tests may be required by the Engineer to prove conformance with specification requirements. c. If during the progress of the work, tests indicate that concrete is not being produced in accordance with these Specifications, the Engineer may order changes in the materials or their proportions so as to secure concrete as specified. 14.01-2 • 2. Water/Cement Contents and Slumps • Slumps shall be as low as possible consistent with proper placing. Low slump concrete shall be used for footing and slabs on grade. Medium slump concrete shall be used for waLs, columns and suspended slabs. Concrete shall conform to the limits specified in the following schedule: Minimum Water Non- Class of Cement Content Cement Ratio Vibrated Vibrated Concrete (Lbs. Per Cu. Ydl jLbs. Per Lb.1 Slump Slump I 508 0.55 0-6 in. 0-3.5 in. II 564 0.49 3-5 in. 0-3.5 in. III 611 0.50 7-9 in. 0-3.5 in. F. CONCRETE MIXING Equipment The concrete shall be ready-mixed and the equipment shall conform to the applicable requirements of ASTM Designation C 94. 2. Measurement Equipment necessary to positively determine and control the actual amounts of all materials entering the concrete shall be provided by the concrete manufacturer. All materials shall be measured by weight, except that water may • be measured by volume. G. PLACING CONCRETE 1. General Reinforcement shall be secured in position, inspected and approved before placing concrete. Runways for transporting concrete shall not rest on reinforcing steel. Concrete not placed within 90 minutes from the time mixing is started will be placed within 90 minutes from the time mixing is started will be rejected and shall be removed for the job by the Contractor. Concrete shall be deposited a nearly as practicable in final position. Concrete shall not be allowed to drop freely more than six (6) feet. All concrete shall be placed in daylight and (excepting seal concrete) shall be placed in the dry unless otherwise authorized by the Engineer in writing. 2. Slabs Placed on Subarade Slab concrete placed on earth or fill subgrade shall be separated from direct contact with the subgrade by 6 mil polyethylene film or other approved material. Sidewalks and walkways will not require a separation sheet. • _ 14.01-3 • 3. Comvaction Concrete shall be compacted by internal vibrating equipment, supplemented by hand rodding and tamping as required. Vibrators shall in no case be used to move the concrete laterally inside the forms. Internal vibrators shall maintain a speed of at least 5000 impulses per minute when submerged in concrete. (At least one spare vibrator in working condition shall be maintained at the site during concrete placing operations.) Duration of vibration shall be limited to time necessary to produce satisfactory consolidation without causing segregation. Vibrator shall be moved constantly and placed in each specific spot only once. 4. Bon ' Before depositing new concrete on or against concrete that has set, the surfaces of the set concrete shall be thoroughly scabbled so as to expose the coarse aggregate and be free of laitance, coatings, foreign matter and loose particles. The cleaned surfaces shall be dampened, but not saturated, and then thoroughly covered with a coat of cement grout of similaz proportions to the mortar in the concrete. The grout shall be as thick as possible on vertical surfaces and at least 1/2 inch thick on horizontal surfaces. The fresh concrete shall be placed before the grout has attained its initial set. 5. Protection • Rainwater shall not be allowed to increase the ratio of m;x;,,g water not to damage the surface finish. Concrete shall be protected from disfigurement, damage, vibration, internal fractures and construction overloads. H. FIELD CONTROL AND TESTING General The quality of the concrete as to conformance to the specifications is the entire responsibility of the Contractor until it is accepted in place in the structure and verified by the final cylinder tests made by the laboratory. Arrangements for field testing shall be made by the Contractor with the laboratory as selected by the Owner. 2. Tests Standard laboratory compressive test cylinders will be obtained by the laboratory when concrete is discharged from the mixer at the site of the work. A set of two (2) cylinders will be obtained for each 60 cubic yazds or fraction thereof placed each day, for each type of concrete. The cylinders will be cured under laboratory conditions and will be tested in two (2) groups, 7 and 28 days of age, respectively. 14.01-4 • • 3. Slump Tests The laboratory of the Owner or their representative will make slump tests of Class I and Class II concrete as it is discharged from the mixer at the site of work. Slump tests will be made for each 25 cubic yards or less of concrete placed. Slump tests may be made on any batch and failure to meet specified slump requirements will be sufficient cause for rejection of that batch. 4. Revorts Proper reports of all tests performed by the laboratory will be prepazed by the laboratory and submitted promptly to the Engineer. Such reports shall be properly labeled so as to identify the portions of the project into which the materials have been placed. I. REINFORCING 1. Material a. Reinforcing steel shall conform to the requirements of ASTM Designation A 615-76a, Deformed Grade 60, except where otherwise indicated. The name of the manufacturer of the reinforcing steel shall be called out in the material submittal together with all technical aspects of the material, including the mill mazk. b. Welded wire fabric for concrete reinforcement shall conform to the requirements of ASTM Designation A 185-73 and shall be formed with smooth cold-drawn wire. c. Baz supports for reinforcing steel shall conform to the requirements of CRSI Manual of Standazd Practice, Chapter 3 and shall be of a height to furnish the concrete cover called for on Drawings. high chairs shall be furnished for bent or top bazs in solid slabs. Baz supports to be in contact with exterior surfaces of concrete shall be Class C with plastic caps at least one (1) inch in length on the leg with plastic caps at least one (1) inch in length on the leg tips, or Class E with stainless steel legs. Baz supports shall be spaced not more than 100 times the diameter of the bazs to be supported, with not more than 1 / 4 that spacing from the end of the supported bazs to the first chair. 2. Fabrication Bar reinforcement shall be accurately fabricated in accordance with the latest CRSI Manual of Standard Practice. The Contractor shall have prepared and shall submit to the Engineer in sextuplicate, necessary shop drawings and bar lists. The Contractor shall be responsible for errors made in shop drawings even though approved by the Engineer. 14.01-5 • • 3. Plac' When placed in the foams, reinforcement shall be clean and free of all dust, dirt, paint, oil or other foreign material and shall be accurately and securely positioned in the forms as shown on the Drawings before the placing of concrete. Reinforcing steel shall be wired or otherwise fastened together at intersections and shall be supported by approved supports, spacers or hangers. Baz supports, where adjacent to the ground, shall be set on precast concrete pads compressed into the subgrade. The Contractor shall obtain the Engineer's approval before fastening reinforcing steel at intersections by welding methods. a. Splicing of reinforcement shall be held to a m;*+;**+um and shall be placed at points of minimum stress. Bars shall be lapped at splices a *n;„;mum of 24 baz diameters unless otherwise shown on the Drawings or directed by the Engineer, and shall be rigidly wired or clamped. b. Wire fabric shall be straightened before placing and shall overlap one full space of mesh at ends and edges and shall be securely fastened. Fabric shall be supported so as to occupy its proper location in the concrete as shown on the Drawings. Fabric shall not cross any expansion joints. J. EMBEDDED ITEMS In addition to steel reinforcement, pipes, inserts and other metal objects as shown, specified or ordered shall be built into, set in or attached to the concrete. All necessary • precautions shall be taken to prevent these objects from being displaced, broken or deformed. Before concrete is placed, caze shall be taken to determine that all embedded parts are firmly and securely fastened in place as indicated. They shall be thoroughly clean and free from paint or other coating, rust, scale, oil, or any foreign matter. No wood shall be embedded in concrete. The concrete shall be compacted thoroughly around pipes and other penetrations to prevent leakage and to secure perfect adhesion. Drains shall be adequately protected from intrusion of concrete. K. FORMWORK 1. Materials Formwork shall be of wood, steel or other approved materials. The sheeting for all exposed surfaces shall be 5-ply plywood, unless otherwise specifically authorized. Forms of like chazacter shall be used for similarly exposed exterior concrete from one (1) foot below finished exterior grade to top of structure shall be cazefully fabricated so as to provide a smooth finish without defects. The type, size, shape, quality and strength of all materials of which the forms aze made shall be subject to the approval of the Engineer. If it is his opinion that the interior surfaces of the forms aze too irregulaz to produce the specified finish, they shall be lined with smooth, dense, moisture resistant hardboard or other material of which he approves. 14.01-6 • 2. Construction • a Formwork shall be built true to line and grade, and shall be mortar-tight and sufficiently rigid to prevent displacement or sagging between supports. Particulaz attention shall be given to adequacy of supports and shoring, which is the Contractor's responsibility. The surfaces of forms used for permanently exposed surfaces shall be smooth and free from irregularities, dents, sags, or holes. Forms for surfaces to receive stucco finish shall be suitable for its application. Bolts and rods used for internal ties shall be so arranged that, when the forms aze removed, all metal is at least 1-1/2 inches from any concrete surface. Form ties shall be removed immediately after removal of forms, and holes shall be thoroughly plugged with grout within four (4) days to prevent chr;nking. b. Wire ties will not be permitted. All forms shall be so constructed that they can be removed without hammering or prying against the concrete. Unless otherwise indicated, suitable moldings shall be placed to chamfer or round exposed edges, to m;n;mum of 3/4 inch, at expansion joints or at any other corners that aze to remain. Beams below grade shall have forms at both sides. 3. Coating Prior to the placing of steel reinforcement or concrete, forms for exposed surfaces shall be coated with a nonstaining paraffin base oil or mineral oil. Forms for unexposed surfaces may be thoroughly wetted in lieu of oiling, immediately before the placing of concrete. r ~ U 4. Removal Forms and/or form supports shall not be removed from any concrete until it has obtained sufficient strength to support itself and any live loads it may be subjected to, and then only with the approval of the Engineer. L. CURING All concrete, including gunite, shall be water cured by covering with a double thickness of clean burlap, cotton mats, or other approved material kept thoroughly saturated with water. The forms shall be kept wet until removed and upon removal, the curing specified herein shall be started immediately. concrete shall be cured for a period of seven (7) days for normal Portland cement for four (4) days for high early strength cement. concrete poured in the dry shall not be submerged until it has attained sufficient strength to adequately sustain the stress involved nor shall it be subjected to flowing water across its surface until it has cured four (4) days. Curing of gunite shall be started as soon as possible without damaging surface and not later that two (2) hours after placement. 14.01-7 .7 2. In lieu of wet burlap or cotton mats as specified above, concrete slabs may be covered with wet sand and kept moist for the specified curing period. The initial curing period of not less than 24 hours shall consist of the wet burlap or cotton • mat method, then the wet sand method may be utilized until the end of the curing period. 3. Concrete surfaces which will not be coated, painted, plastered, stuccoed, covered with file or requiring a bonding surface may be cured by means of a membrane curing compound in lieu of the wet cure method. The curing compound shall be applied immediately after a satisfactory surface finish has been completed and when forms aze removed. The rate of application of membrane curing compound shall be at least one (1) gallon to every 200 squaze feet of exposed surface to be cured. The membrane curing compound and impervious covering shall be continuous and without defects and shall retain the required moisture in the concrete. Membrane curing compound that becomes damaged by rain, foot traffic or other conditions within five (5) days of application shall be reapplied. M. FINISHES 1. As soon as forms can safely be removed, all irregulaz projections shall be chipped off flush with the concrete surfaces. All voids produced by spacers or any honeycombing shall be pointed up with grout and troweled flush with the concrete surface immediately after removal of forms and water cured to prevent shrinkage. Honeycombing shall be cut out to expose a sound concrete surface prior to pointing. the use of mortar pointing or patching shall be confined to the repair of small defects in relatively green concrete. where in the opinion of the Engineer substantial repairs are required, the defective concrete shall be cut out to sound concrete and repaired with gunite or the concrete shall be removed and • reconstructed as directed. 2. Floor slabs shall be brought to a true an even finish by power or hand floating in a manner that will not bring excess fines to the surface. The consistency of the concrete shall be such that the water does not accumulate at the surface. Unless otherwise shown on the Drawing, the surface shall be floated with a wood float and shall be steel troweled to a smooth finish. Troweling shall be the minimum to obtain a smooth, dense surface and shall not be done until the mortar has hazdened sufficiently to prevent excess fine material from being worked to the surface. If so directed, the surface shall be brushed lightly with a push broom so as to produce a nonslip surface. 3. Concrete surfaces that are not exposed in the completed work will require no special finish other than such pointing up and rubbing as is necessary to leave them smooth and unpervious. 4. Other surfaces which will be exposed in the completed work shall be finished by being rubbed smooth with a float and water or a cazborundum brick. The final surface shall be smooth and dense, without pits, irregularities, blow holes or bubbles. 14.01-8 LJ N. GROUT Material for grouting shall be of the nonshrink type and shall be Sauereisen F-100 • Level-Fill, Five Star Grout, Gifford-Hill Supreme Premixed or approved equal. The nonshrink grout shall be of nonmetallic premixed type and shall be mixed and placed as recommended by the manufacturer. Grout for pointing and patching shall consist of cement and fine aggregate mixed in the proportions used in the concrete and a minimum amount of water to produce a workable grout. • -END SECTION 14.01- 14.01-9 • • SECTION 02072 DEMOLITION PART1 GENERAL 1.1 SECTION INCLUDES: A. Parking Areas: 1. Remove all asphalt within Phase I construction area. 2. Remove existing light poles within construction area. 3. Disposal of materials and storage of removed materials. 4. Identification of utilities. 5. Refer to items as indicated. 1.2 SUBMITTALS FOR CLOSEOUT A. Section 01700 -Contract Closeout: Procedures for submittals. • B. Project Record Documents: Accurately record actual locations of capped utilities and subsurface obstructions. 1.3 REGULATORY REQUIREMENTS A. Conform to applicable code for demolition work, dust control, products requiring electrical disconnection and re-connection. B. Obtain required permits from authorities having jurisdiction. C. Do not close or obstruct egress width to any building or site exit. D. Do not disable or disrupt building fire or life safety systems without five days prior written notice to Owner. E. Conform to procedures applicable when discovering hazardous or contaminated materials are discovered. 02072-1 • • 1.4 PROJECT CONDITIONS A. Conduct demolition to minimize interference with adjacent and occupied building areas. B. Conduct demolition to minimize interference with vehicle and pedestrian access to adjacent parking areas. C. Cease operations immediately if structure appears to be in danger and notify Architect/Engineer and Owner. Do not resume operations until directed. PART 2 PRODUCTS Not Used. PART 3 EXECUTION 3.1 PREPARATION A. Provide, erect, and maintain temporary barriers. • B. Provide temporary signage for vehicle access, parking and movement around site. C. Protect existing materials which are not to be demolished. D. Prevent movement of structure due to excessive vibration in work area close to existing building. E. Notify affected utility companies before starting work and comply with their requirements. F. Mark location and termination of utilities. G. Provide appropriate temporary signage including signage for exit or building egress. H. Coordinate with owner the disconnections of electrical power to lighting and other electrical fixtures prior to commencement of work. • • 02072-2 3.2 DEMOLITION A. Disconnect, remove, cap, and identify designated utilities within demolition areas. B. Demolish in an orderly and careful manner. Protect existing supporting structural members. C. Remove demolished materials from site except where specifically noted otherwise. Do not burn or bury materials on site. D. Remove materials as Work progresses. Upon completion of work, leave areas in clean condition. E. Remove temporary Work. F. Neatly saw cut conc. slabs, asphalt and other items of work designated to remain. G. Remove lighting fixtures including poles, foundation and fixtures. H. Parking area base material shall remain to facilitate working areas during Phase I and II building construction. 02072-3 • -END OF SECTION r~ u SECTION 7 BID FORMS 11/07/2000 18:17 561-688-0118 ROSSO PAVING AND DRA PAGE 02 t 11/07/2000 18:17 561-688-0118 ROSSO PAVING AND DRA PAGE 03 ~ O - r T N r W N a N „ a 8 ~ U p~ ~n O ~; T P'1 '~ N p 6~ ~{ ~t~~W ~p T N r T N ~ O Q~~C~ ~ ~, ~i 1S C7 00 p ~ ~ o ~ $ 11/07/2000 18:17 r 1 LJ A G • 561-688-0118 ~;a ~~ ROSSO PAVING AND DRA ~Sl N ~ r ~ ~ k O p a p ~ o~ ~ ~ O ~- ° ~ ~ a 4 ~ q Lf 1 ~ ~ ~ O ~ D 0 ¢~ N ~ o ~ ~ ~ ~ ~ ~l1 o ~ v Q V . Ao t~ yr ~ ax a -b ~ ~ ~ ,~ ~b ~ ~ N ~ ~ O ~ ~ ~ `~ M ~ ~ ~ ~ a V ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ V1 ai ~ ° ~ b4 u ~o ri PAGE 04 m 11/07/2000 18:17 561-688-0118 ~~ .1 ROSSO PAVING AND DRA PAGE 05 ~~ ~~ ~~ ~~ ... ~g ~~ ~ ~a~~ 11/07/2000 18:17 561-688-0118 ROSSO PAVING AND DRA PAGE 06 • • Q c r ~._J ~~e ~,~o ~~~ 4 O ~ ~ Q Q ~ r- ~` -_.. ~ ~. x V 4 0 y tiS N N ~ J 5 L H ~ ~ - ~ M Q ~+ • • • PROPOSED MAIN STREET VILLAGE OF TEQUESTA LANDSCAPE BID FORMS -OCTOBER 2000 1 OF 2 ITEM NUMBER DESCRIPTION S12E ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT L LANDSCAPE ITEMS PLANT MATERIAL L.01 QUERCUS VIRGINIANA LIVE OAK 18-20' HT., 10' SPR 10 L.02 ROYSTONEA ELATA ROYAL PALM 10 G.W. 12 L.03 ANNUALS SEASONAL COLOR 4" POTS 490 L.04 CRINUM ASIATICUM CRINUM LILY #10 MIN., 36" O.A. 25 L.05 LIRIOLPE M.'EVERGREEN GIANT' #1, 12" O.A. 270 L.06 PHILODENDRON'XANADU' DWARF PHILODENDRON #3 MIN., 18" O.A. 389 L.07 MULCH INCLUDED L.08 TOP SOIL INCLUDED L.09 SOIL AMENITIES INCLUDED L.10 TREE STAKING INCLUDED SUBTOTAL LANDSCAPE MISC. L.11 IRRIGATION PACKAGE PACKAGE L.12 SOD 2000 SF SUBTOTAL • • PROPOSED MAIN STREET VILLAGE OF TEQUESTA LANDSCAPE BID FORMS -OCTOBER 2000 20F2 • ITEM NUMBER DESCRIPTION ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT SP LIGHTS SP.01 12' LIGHT POST HADCO R51-B-C-A-A-G-G-D- 250H•F-M-O-D, 208 VOLTS ON A P-2071 12' POST LIGHT, COLOR TO BE VERDE 23 SP.02 WELL LIGHT BRONZELITE DB1000- 100MHSP208, 208 VOLTS 12 SUBTOTAL SITE FURNITURE SP.03 8' BENCH DU MOR, INC., BENCH 58, 8' CAST BENCH, STEEL SEAT, BLACK 2 SP.04 TRASH RECEPTACLE RECEPTACLE 102, STEEL RECEPTACLE WITH CAST ROSETTES, BLACK 2 SUBTOTAL TOTAL CONTRACT • n U SECTION 8 FORM OF NON-COLLUSION AFFIDAVIT OF PRIME BIDDERS • FORM OF NON-COLLUSION AFFIDAVIT OF PRIME BIDDERS STATE OF FLORIDA COUNTY OF ,being first duly sworn, deposes and says that: 1 The undersigned is (Owner, Partner, Officer, or Agent) of ,the Bidder that has submitted the attached Bid. 2 The undersigned is fully informed respecting the preparation and contents of the attached Bid and of any and all pertinent circumstances respecting such Bid. 3 Such Bid is genuine and is not a collusive of sham bid. 4 Neither the said Bidder nor any of its directors, officers, partners, Owners, agents, representatives, employees, or pazties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the contractor for which the attached bid has been submitted, or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly sought by agreement of collusion or communication or conference with any other Bidder, firm or person, fix the price of prices on the attached bid or of any other Bidder, or to fix any overhead, profit of cost element of the Bid price, or the Bid price of any other Bidder, or to secure thmugh any collusion, conspiracy, connivance of unlawful • agreement, any advantage against VII.,LAGE OF TEQUESTA, or any person interested in the proposed Contract. 5 The price or prices quoted in the attached Bid aze fair and proper, and are not tainted by any collusion, conspiracy, connivance of unlawful agreement on the part of the Bidder or any of its agents, representatives, Owners, employees, or parties in interest, including this affiant. BIDDER: (Name of Bidder) (Signature) NOTARY PUBLIC: Subscribed and sworn before me this day of (Date) (Title) 20 (Title) My commission expires SEAL n u SECTION 9 FORM OF BID BOND • FORM OF BID BOND KNOWN ALL MEN BY THESE PRESENTS, that we the undersigned, (Name of Principal) As PRINCIPAL, and (Name of Surety) as SURETY, are held and finmly bound unto VII.,LAGE OF TEQUESTA (herein called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. • THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid, dated , 20 NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or if no period be specified, within thirty (30) days after said opening, and shall within the period specified therefore, or if no period specified, within twenty (20) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect otherwise to remain in full force and virtue. • • Page 2 IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals the day and yeaz first above written, the name and corporate seal of each party being hereto affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. FOR BIDDER: (Corporate Name as Principal) .] Address: ATTEST: BY: (Print or type name) DATE: , 19 (Signature) CERTIFICATE AS TO CORPORATE PRINCIPAL I, ,certify that I am the Officer of the Corporation names as the Principal in the within bond; that ,who signed the said bond on behalf of the Principal was then of said corporation; that I know his signature, and his signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for in behalf of said corporation by authority of this genuine body. BY: TITLE: (Print or type name) (Signature) Affix Corporate Seal DATE: • Page 3 FOR THE SURETY: (Name of Corporate Surety) ADDRESS: ATTEST: BY: (Print or type name) DATE: , 19 CJ Affie Corporate Seal (Signature) • • SECTION 10 STATEMENT OF BIDDEIZS QUALIFICATIONS n u ~, _; ,; • - STATEMENT OF BIDDER'S QUALIFICATIONS INSTRUCTIONS: All questions must be answered and the data given must be clear and comprehensive. The statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. QUESTIONS: 1. Name of Bidder? 2. Permanent main office address? 3. Date when Bidder was organized or formed? 4. If a corporation, where incorporated? 5. Number of years Bidder has been engaged in the contracting business under your present entity or trade name? • 6. Contracts on hand? (amount, date of completion) 7. General description of services performed by your organization? 8. Have you ever defaulted on a contract? If so, where, when and why? 9. List at least five important projects recently completed by your organization, stating your contract price, scope of service performed, and when completed? 10. List your equipment available for performance of this contract? 11. Resumes of corporate principals, and the superintendent assigned to this project? 12. Credit line available? 13. Bank references? 14. Vendor and/or material supplier references? 15. Will you, upon request, provide a detailed financial statement to Village of Tequesta? • • Page 2 NOTE: The above information must also be provided for any subcontractor(s) that will be used for the performance of this Contract. ~~ CERTIFICATION OF QUALIFICATIONS STATEMENT THE UNDERSIGNED hereby affirms that the responses provided to the questions aze true and correct to the best of his knowledge, and hereby authorizes and requests any person, firm or corporation to furnish any information requested by the Owner in verification of the recitals comprising this Statement of Bidder's Qualifications, dated ,19 STATE OF FLORIDA COUNTY OF • being duly sworn deposes and says that this is of (Name of Bidder Organisation) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this day of , 19 NOTARY PUBLIC My commission expires ,19 SEAL . ~ «. SECTION 11 FORM OF PERFORMANCE BOND L~ .. n U FORM OF PERFORMANCE BOND KNOWN ALL MEN BY THESE PRESENTS, that we Rosso Paving ~ Drainage, anc: Principal, and Ohio Casualty Insurance Company as sureties are held and firmly bound unto VILLAGE OF TEQUESTA , its certain attorney, successors, or assigns (hereafter called the One hundred si_gty three thousand five hundred twenty four and 65/10 Obligee) in the full amount of .Dollars (S 163,524.65 Lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents: WHEREAS, said principal has entered into a certain Contract with said Obligee, dated October 10, x~c 20Q(herein called the Contract) for Construction of main street ~ installation associated which Contract and the Specifications and Drawings for said Work shall be deemed part hereof as fully as utilities if set herein: Tequesta Village Ctr • NO~V THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the principal shall faithfully perform the contract on his part as of the time and in the manner therein provided, and satisfy all claims and demands incurred in or for the same, or growing out of the same, of for injury or damages to persons or property in the performance thereof, and shall fully indemnify and same harmless the said Obligee from any and all cost and damage which the said obligee may suffer by reason of the principal's failure to do so, and shall fully reimburse and repay the said Obligee any and all outlay and expenses which it may incur by reason of any such default, then this obligation shall be null and void, otherwise if shall remain in full force and virture. It is further understood and agreed that the principal shall guarantee for a period of one (1) year from completion date of the Contract against defects in workmanship or materials in accordance with the terms of the Contract. The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to Work to be performed thereunder cf the Specifications accompanying the same shall in any way affect its obligations on this Bond, and it does not hereby waive notice of such change, extension of time, alteration or addition to the terms of the Contract or ~to the Work or to the Specifications and Drawings. • -~ Page 2 • IN WITNESS WHEREOF, the above bounded arties have executed this instrument under their P several seals the day and year above written, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pusuant to authority of its governing body. FOR THE CONTRACTOR: Rosso Paving ~ Drainage, Inc. '~ (Name of Contractor) ADDRESS: 350 Martin Lane West Palm Beach, FL 33413 • ATTEST: - --~ ~-- 'nt or type name) (Siena e) DATE: December 6 ,%~ 2000. FOR THE SURETY: Ohio Casualty Insurance Company (Name of Corporate Surety) ADDRESS: 500 Winderley E' I.~c~s `i~~ t t<incl, t~`t: 3 Z ~5x~ ATTEST: BY: Richard F. Oen (Print or type name) (Signature) DATE: December 6 , $~ 2000 . Affi~c Corporate Seal • w CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY IlVSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 35-248 Know All Men by Theae Preaenta: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, in pursuance of authority granted by Article VI, Section 7 of the By-Laws of The Ohio Casualty Instrance Company and Article Vl, Section 1 of West American Insurance Company, do hereby nominate, constitute and appoint: Richard F. Oen, Eric J. Fischer, Thomas C. Mangum ar Debra A. Headberg of West Palm Beach, Florida its tme and lawfiil agent (s) and attorney (s}in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance TWO MILLION ($2,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and aclmowledged by the regularly elected officers of the Companies at therr administrative offices in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofbre granted the above named attomy(s}in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 9th day of October, 2000. tv ixa 9J~_.__ u ~„rxauq~• 4' R~_ n ~~,,,..---,`moo SEAL~~'Fi~ ~' SEAL ., ,,,, W: /_~~, Sam Lawrence, Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 9th day of October, 2000 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally (mown to be the individual and officer described in, and who executed the preceding instmment, and he acknowledged the execution of the same, and being by me duly sworn deposeth and with, that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. ~aua4l,laH ~_,LLr1t 7t~r g ': ~~\ s s • ~~, htlll~, ~r ~J. /~ / ir~~~Y~ ~!/~I~ Notary Public in and for County of Butler, State of Ohio My Commission expires August 6, 20112. This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of The Ohio Casualty Ltsurance Company and Article VI, Section I of West American Insurance Company, extracts from which read: Article VI, Section 7. APPOINTMENT OF ATTORNEYS-IN-FACT, ETC. "The chairman of the board, the president, any vice-president, the secretary or any assistant secretary of each of these Companies shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Companies as surety to, and to execute, attach the corporate seal, aclmowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boazds of county or state, or the United States of America, or to any other political subdivision." Article VI, Section 1. AP]'OINT'MENf OF RESIDENT OFFICERS. "The Chairmad of the Board, the President, any Vice President, a Secretary or any Assistant Secretary shall be and is hereby vested with full power, and authority to appoint attorneys in fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acimowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety-ship or guarantee, and policies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official boazd or boards of any county or state, or the United States of America, or to any other political subdivision: ' This instnrment is signed and sealed by facsimile as authorized by the following Resolution adopted by the respective directors of the Companies (adopted May 27, 1970-The Ohio Casualty Insurance Company; adopted April 24, 1980-West American Insurance Company): "RESOLVED that the signature of any officer of the Company authorized by Ore By-Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By-Laws of the Companies and the above Resolution of their Boards of Directors are tme and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this day of SY INBUq~ INSU yr• :"F ~~ '• R o: ,'n f~ ~O ;., SEAL i; W: SEAL ~' ;•. • 5.4300 ~..~1~~` Assistant Secretary ~, SECTION 12 FORM OF PAYMENT BOND r~ u FORM OF PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, that we Rosso Paving i4 nrainaoP _ TnC, as principal, and Ohio Casualty Insurance ComvanV as sureties are held and firmly bound unto Village of Tequesta htiin~red sixty three thousand five ;e twen fou and 65/100 attorney, successors, or assigns (hereinafter called the Obl~ ee in the pena~ sum o~ Dollars ($ 163,524.65 )lawful money of the United States, for the payment of which sum well And truly to be made, we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally, firmly by theses present: WHEREAS, said principal has entered into a certain Contract with said Obligee, dated ~ '• October 10 ~~ 2000 (hereinafter called the Contract) for Construction of main street ~ installation associated utilities Tequesta Village Ctr which Contract and the Specifications and Drawings for said Work shall • be deemed part hereof as fully as if set out herein: NOW, therefore, THE CONDITION OF THIS OBLIGATION IS SUCH, that if said principal and all subcontractors to whom any portion of the Work provided for in said Contract is sublet and all assignees of said principal and of such subcontractors shall promptly make payment for all material furnished, labor supplied or performed, rental for equipment employed and services rendered by public utilities in or in connection with the prosecution of the Work, whether or not the said material, labor, equipment or services enter into and become component parts of the Work of improvement contemplated in said contract, or in any amendment or extension of or addition to said Contact, then the above obligation shall be void; otherwise to remain in full force and effect. PROVIDE: however, that this bond is subject to the following conditions and limitations as follows: A. Any and all persons who have performed labor, rendered services or furnished materials or machinery, shall have a direct right of action against the principal and surety on this bond, whicfi~ right of action shall be asserted in proceedings instituted in the State of Florida in which such labor was performed, services rendered or materials furnished. Insofar as • permitted by the laws of the State, such right of action shall be asserted in a proceeding instituted in the name of the Obligee to the use and benefit of the person instituting such action and any or all other persons having claims hereunder, and any other person having a claim hereunder shall have the right to be made a parry of such proceeding (but not later than one year after the complete performance of said Contract and final settlement thereof) and to have such claim adjudicated in such action and judgement rendered thereon. • Page 2 B. The surety shall not be liable hereunder for any damages or compensation recoverable under any Workmen's Compensation or Employer's Liability Statutes. C. In no event shall the surety be liable for a greater sum than the penalty of this bond, or subject to any suit, action or proceeding thereon that is instituted later than one year after the complete performance of said Contract and final settlement thereof. D. As used herein: the term "person" refers to any individual, firm or corporation who have furnished materials or machinery or public utility services to be used on or incorporated in the Work or the prosecution thereof provided for in said Contract or in any amendment or extensions of or additions to said Contract, and/or to any person engaged in the prosecution of the Wodc provided for in said Contract or in any amendment or extension of or addition to said Contract, who is an agent, servant, or employee of the principal, or of any subcontractor, or of any assignee of said principal or of any subcontractor and also anyone so engaged who performs the Work of a laborer or of a mechanic regardless of any contractual relationship between the principal, and/or subcontractor, or any assignee of said principal or of said subcontractor, and such laborer or mechanic, but shall not include office employees not • regularly stationed at the site of the Work. The said surety, for value, received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder or the Specifications, accompanying the same, shall in any way affect its obligations on this bond, and it does not hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Specifications and Drawings. • • Page 3 IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals, the day and year first above written, the name and corporate seal of each corporate party being hereto affixed and these presents dully signed by its undersigned representative, pursuant to authority of its governing body. CONTACTOR: (For a Partnership of Individual Owner) ADDRESS: Witness: (Signature) Witness: Witness: (Signature) • Address: By: (Signature) Title: (Individual Owner/Partner) By: (Signature) Title: (Partner) CONTRACTOR' Rosso Paving ~ Drainage, Inc. (For a Corporation) ADDR~ 1ESS: 350 Martin Lane West Palm ` BY: I~ia~~~C ~~ ~~i~;,~~C~ BYE ~~ ~~ ~. ~1~ - (Prin or type name) (~g~ature) ~-~-~ ''' (Affix Corporate Sea]) ADDRESS: ~`~C~ ~~ ~C-~+Z~ t ~1 L1f~_ ~ ~T (~~I ~~ , l~~E`C C~1 ~~ . TITLE: ~ ~ '~ ~,> ~ (~' ~i ~ 3 ~ ~ I IN THE PRESENCE OF: L • Page 4 NAME OF SURETY: Ohio Casualty Insurance Campy - (Name of Corporate Surety) ADDRESS: 500 Winderley Place Maitland, FL 32752 ATTEST: BY: ~~"~ L\~~~ ~ (~ ~~~t~ BY: (Print or type name) (Signature) (Affix Corporate Seal) n f~ (Power of Attorney for person signing for surety company must be attached) The Surety Company shall indicate below the total costs for providing the Performance Bond and Payment Bond: The rate of premiums on these bonds are $ 7.00 per thousand. The total amount of premium charged is $ 1,145.00 CERTIF;I~CA~T~E AS TO CORPORATE PRINCIPAL I, ~~. ~--- I-~;'~.~~,~ J ~~N I ~C`~SO 1Lcertify that I am the ~ ~ ~-~T-C~~~` J'~'C t'~f' ~~ l~ t21 _ ,Officer of the Corporation named as Principal in the within bonds; that I'~ t'~i1Cei C . ~O i~~ ,who signed the said bonds on behalf of the Principal was then 1'I~ ~ t F,~ _ of said Corporation; that I know its signature, and its signature thereto is genuine; and that said bond was duly signed, sealed, and attested to for in behalf of said Corpo ation by authori~f this genuine body. BY: ~~ --~ -z,i ~ (Affix Corporate Seal) 'Title: ~~~ct Date: ~ ~ ' G ~' ; ~l-~~Z--b ~' f~~, CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY . ~ . No. 35-248 Know All Men by These Presents: That TITS OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, in pursuance of authority graded by Article VI, Section 7 of the By-Laws of The Ohio Casualty Insurance Company and Article VI, Section 1 of West American Insurance Company, do hereby nominate, constitute and appoint: Richard F. Oen, Eric J. Fiseheq Thomas C. Mangum or Debrs A. Hesdberg of West Palm Beach, Florida its tme and lawful agent (s) and attorney (s}in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not excceding in any single instance TWO MILLION (52,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regulazly elected officers of the Companies at their administrative offices in Hamilton, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 9th day of October, 201)0. ~r INSU INSU J~-'"-"'•~ 1~ •- 4r• ~ ,.N SEAL ;~ W SEAL ,, •' ;•. Sam Lawrence, Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 9th day of October, 2000 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. oprwsrny, ~~a~ rrp~ / 3 ~,~7 ~i~ s -- ~~~M \/~~~~~ / ~ ~~ G~~~~ Notary Public in and for County of Butler, State of Ohio My Commission expires August 6, 2002. This power of attorney is granted under and by authority of Article VI, Section 7 of the By-Laws of The Ohio Casualty Insurance Company and Article VI, Section I of West American Insurance Company, extracts from which read: Article VI, Section 7. APPOINTMENT OF ATTORNEYS-IN-FACT, ETC. `"fhe chairman of the board, the president, any vice-president, the secretary or any assistant secretary of each of these Companies shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Companies as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political subdivision." Article VI, Section 1. APPOIIJTMENT OF RESIDENT OFFICERS. "The Chairman of the Board, the President, any Vice President, a Secretary or any Assistant Secretary shall be and is hereby vested with full power, and authority to appoint attorneys in fact for the purpose of signing the name of the corporation as surety or guarantor, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of surety-ship or guarantee, and policies of insurance to be given in favor of an individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America, or to any other political subdivision." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the respective directors of the Companies (adopted May 27, 1970-The Ohio Casualty Insurance Company; adapted April 24, 1980-West American Insurance Company): "RESOLVED that the signature of any officer of the Company authorized by the By-Laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the corectness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal, to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By-Laws of the Companies and the above Resoluticn of their Boards oFDirectors are tme and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this day of zr N+su p,NSu ,,~ ~: ', n :, SEAL :9 Wi, SEAL ~'_ 5-4300 ~~f~~ Assistant Secretary n u SECTION 13 LIST OF DRAWINGS I • SECTION 13 -LIST OF DRAWINGS The following is a list of drawings that are part of the Contract Documents: COVER SHEET 2. DEMOLITION PLAN HORIZONTAL CONTROL, PAVING, GRADING AND DRAINAGE PLAN 4. DRAINAGE DETAILS 5. WATER DISTRIBUTION DETAILS • • • SECTION 14 CERTIFICATES OF INSURANCE • acoRV CERTIFICATE QF LIABILITY INSURANCE OP ID THI DATE (Mhu00~YY1 - ROSPA01 12/0$/00 rROOUeER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Gateway Insurance Agency HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2430 A. Oakland Park Blvd, ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Lauderdale FL 33311 Phone : 954-735-5500 Fax : 954-735-2852 ~ INSURERS AFFORDING COVERAGE INSURED - ~ I NSU~'e~A Valley Forge Insurance_Co______ INSUREaa Transcontinental Ins Co. _ Rosso Paving & Drainage __ INSURERC Transportation Insuran e Co. c 350 Martin Lane _ _______ _ West Palm Beach FL 334131610 INSURERo - -__ I _______ ~NSUREP E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. n I TYrE OF INBURANCE I~ LTR rOUCY NUMBER OU Y EF EC YE DATE IMAM'DDJYY POUCY %-IRA ION DATE (MM/DO/YY -----'- LIMITS I GENERAL LUBILITY i ~ E.>Cn OCC'-~R~FNCE '~, 000 000 ; 2 A j~ ~MERCIA~~,F.veaA~Lwa ~',Ir~ i 1017198581 ~ 01/06/00 01/06/01 ~ ~~EC,A+.r~:E 4Y ~~e~~f~~~ , ~ ~ ~ ~ 50, 000 vY ~ CL4i,ti'$ MACE - i OCL"i~R I ~~._ _~ I i ~ ~E~ ExP (Ary crle pzrsai) ; ; 5 , 000 I-~ _- __ I ~ PERSONAL flADv ;mUw -- __ 2 000, 000 I i ~~ I uENERAL A6~REGATE I i 2, 000, DD0 ~ GEN'_A~GREGAiE I!rnIT APPLIES FER I I cop~C(IMP'uP AC•t ~{ 2, QDQ f ~OQ Y ~ POUCv ~ IE' T ~ ~ LCC ~ ~ i ~ ~ - ~~_ r t AUTOMOBILE LIABILITY ~ i $ ~ AN~AI:ro i 10171.98595 ~ 01/06/00 O1/O6/O1 I C~,MBINED SINGE '_in9i I-a e: uaenq - ,~ 500 000 --~ f ------- - AIL GWIVED AV T,J$ j I I I IURV I B~TJILV IN i iCnEDULED AUT;jS ~ ~ _ I ~ . (Per person) 6 I ~ y ~ I u H~.GEC A;?G$ ~ ~ ~ _ _ I j 9ODILV IN.,LRI' I ~ $ Y NOh-OWhEC ::U'OS ~,REf dC:!Oef:l ' LZ !Drive Other Car I ~ ~RCFERT~C MAGE ' ~ A ~ I ~ (Per acaaerrtl ~ GARAGE LL-BIUTY AUTO Ch'LY•EA ACCIDENT { ANY AJTU I OTHER THAN EA.A"C , ; F A'JTC. ONLY I AG^ j ; E%CEB9 LIABILITY ~ I I EACn OCCURRENCE 14 20000017 C oceuR ~ cuvMSIHADE '~ 1017198600 ~ 01/06/00 I O1/06/01 E >~cRECA?E - ; 2000000 -- - ~ - _ ~ DEDUCTIBLE I r -~ I{ RETEr:710N ; 10000 I ; ~ I ~ $ WORKER! COM-ENlATION AND I W 5,:.~U~ 1 I ~ TGRV LIMI?S ~ ~O,M~ I I ER EMrlOYERB'LIABIUTY I r--~-- -r--- - I E L EACn 4CC!DEVT - -__ j { T_ __-- i ~~ I ~ ~ E I OISF,•SE - EA EsIPLOYEE i s ~ E L GISEA$F ~ POLICY Lm11T ~ ; ~ OTNER I A iEquipment Floater ~ 1017198581 01/06/00 01/06/01 Equipmen t 418,258 A (Railroad Protectiv ~ C2024662163 n~/Ta/nn I na/TainT I ~nnnnnn c.nnnnnn DESCRIrTION OF OrERATICN!'LOCATION7NEHICLE 9/E%CLUBIONB AODEO BY ENDORBEMENT9rECULL rROVIB10NB THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY ONLY. 110 DAY NOTICE FOR NON PAYMENT. CERTIFICATE HOLDER y I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION • VILLAGE OF TEQUESTA BUILDING & ZONING DEPT. P.O. BOY 3273-0273 TEQUESTA FL 33469 V I LTE 01 BHOULD ANY OF THE ABOVE DESCRIBED -OLICIEB BE CANCELLED BEFORE THE E%rI;;RA''TION DATE THEREOF, THE IBlUINO INSURER WILL ENDEAVOR TO MAIL ~Q_ DAY7 WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 90 SHALL IMrOlE NO OBLIGATION OR LIABILITY OF ANY KIND U-ON THE INEURER, ITB ACENTf OR RErREBENTATIVE3. ~ ACORD CORPORATION 1988 ACORD CERTIFICATE OF LIABILITY INSURANC~ID RP DATE(MM/DD/YY) OSSO-1 12/07/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Massey, Clark, Fischer, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1800 Australian Ave South #202 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. t Palm Beach FL 33409-6450 one:561-478-1660 Fax:561-478-4402 INSURERS AFFORDING COVERAGE INSURED INSURER A: Bridgefleld EmplOyerS Ins. CO. INSURER B: ROSSO Paving & Drainage InC. INSURER C: , , 350 Martin Lane l h 3341 INSURER D: West Pa m Beac FL 3 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ POLICY PRO LOC JECT AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GA RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TORY LIMITS ER A EMPLOYERS'LIABILITY 31267 04/01/00 04/01/01 E.L. EACH ACCIDENT $1000000 E.L. DISEASE - EA EMPLOYEE $ 10 0 0 0 0 0 E.L. DISEASE -POLICY LIMIT $ l 0 0 0 0 0 0 OTHER DESCRIPTION OF OPERATIONSILOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS 30 DAY NOTICE OF CANCELLATION APPLIES TO WORKERS COMPENSATION. GtK 1 Ih ll:Al t F1ULUtK N ADDITIONAL INSURED; INSURER LETTER: _ GANGtLLAI IUN TEQUEST SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Village o f Teques to DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL lO DAYS WRITTEN Building and Zoning Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 561-575-6239 P . O . BOX 3 2 7 3 - 0 2 7 3 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Tequesta FL 33469 REPRESENTATIVES. ACORD 25-S (7/97) Hou ©ACORD CORPORATION 1988