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Resolution_29-02/03_05/09/2003
RESOLUTION NO. 29-02/03 • A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING THE FIVE YEAR CONTRACT TO LINE-TECH,INC. OF BOYNTON BEACH, FLORIDA, IN THE AMOUNT OF $131,488.50 FOR TOUCH READ WATER METER INSTALLATION, Having A FY 2002/2003 CAPITAL IMPROVEMENT FUND #401-411-652.601 ALLOCATION OF $140,000 WITH $23,160.00 FOR YEAR ONE. 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. Consideration to award a contract to Line-Tech, Inc., of Boynton Beach, Florida, in the amount of $23,1260.00 for Touch Read Water Meter Installation in Routes 101, 215, AND 216, having a FY 2002/2003 Capital Improvement Fund Budget Allocation of $140,000, 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. THE FOREGOING RESOLUTION WAS OFFERED by Councilmember GenCO _ who moved its adoption. The motion was seconded by Councilmember ynn Frank ,and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Geraldine A. Genco Russell J. von Frank F~lu~~.r~l T~- RPsn~ k Pat Watkins r ~. The Mayor thereupon declared the Resolution duly passed and adopted this day of ~, C ~,C , A.D, 2003. ATTEST: Marv Miles ~!~ VillageCle .uf_ . ~:..e> ~; z~aF~«~~,s-' MAYOR OF TEQUESTA ~~~ ~~:~~ Edward D. Resnik [] r 1 i 1 1 VILLAGE OF TEQUESTA METER REPLACEMENT PROGRAM January 2003 1 1 Reese, Macon & Associates, Inc. 6415 Lake Worth Road, Ste. 307 Lake Worth, FL 33463-2907- (561) 433-3226 Telephone (561) 433-8011 Facsimile 02-106 TABLE OF CONTENTS Pacie Number INVITATION TO BID INV-1 only INSTRUCTIONS TO BIDDERS IB-1 thru IB-8 SPECIAL REQUIREMENTS SR-1 thru SR-2 PROPOSAL P-1 thru P-8 CONSTRUCTION AGREEMENT 1 thru 6 PERFORMANCE BOND 00610-1 thru 00610-2 PAYMENT BOND 00620-1 thru 00620-3 GENERAL CONDITIONS 1 thru 42 SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REOUIREMENTS Section 01019 General Requirements Section 01150 Measurement & Payment Section 01300 Submittals Section 01400 General Quality Control Section 01570 Traffic Regulation DIVISION 2 - SITE WORK Section 02110 Clearing and Grubbing SGC-1 thru SGC-11 01019-1 thru 01019-3 01150-1 thru 01150-2 01300-1 thru 01300-2 01400-1 thru 01400-2 01570-1 thru 01570-2 02110-1 only 02-106 t INVITATION TO BID VILLAGE OF TEQUESTA METER REPLACEMENT PROGRAM Sealed proposals will be received by the undersigned at 136 Bridge Road (Public Works Facility), Tequesta, FL 33469, until 3 p.m. on March 13, 2003, at which time and place they will be ~,: publicly opened and read aloud. Receipt of a bid in any other Village office does not satisfy this requirement. The work for which this proposal is to be submitted consists of a five (5) year meter replacement program and a system retrofit to a touch read meter system. The Village presently has 4536 ,~ meters, varying in size from 5/8" to 6". A pre-bid conference will be held March 4, 2003 at 10:00 a.m. at the Village's Public Works Facility. All work performed shall be in accordance with the Contract Documents pertaining thereto, which may be examined at the office of Reese, Macon and Associates, Inc., 6415 Lake Worth Road, Ste. 307, Lake Worth, Florida 33463. One copy of the Contract Documents, including blank bid forms, may be obtained at the office of Reese, Macon and Associates, Inc., upon payment of $40.00, which amount will not be refunded. A certified or cashier's check on a national or state bank or a bid bond in a sum not less than five percent (5%) of the amount of the base bid price, made payable to the Village of Tequesta, Florida, shall accompany each proposal as a guarantee that the bidder will not withdraw from the competition after the opening of proposals. In the event that the contract is awarded to the bidder, he will enter into the contract and furnish and pay for the required performance and payment bonds. Failing to do so may result in the Owner retaining the bid deposit for liquidated damages. Proposals shall be prepared, addressed and submitted in compliance with detailed instructions as set forth in the Instructions to Bidders. The performance and payment bonds in the full amount of the Contract price shall be written by a surety company, acceptable to the Owner, licensed to do business in the State of Florida listed in the Department of Treasury Federal Register. All bonds (bid, performance, payment) shall be countersigned by a Florida resident agent. Surety shall have a rating of "A+" or "A" by Best's Rating Guide. The Owner reserves the right to reject any or all proposals with or without cause, to waive technical errors and informalities, or to accept the proposal which in his judgement best serves the Owner. Owner: Village of Tequesta Published On: February 16, 2003 INV -1 02-106 1 IN STRUCTIONS TO BIDDERS 1. 1 0 SEALED PROPOSALS: Sealed proposals will be received at the time and place designated and then publicly opened and read aloud for furnishing all transportation, labor, materials, tools, supplies, plant equipment and machinery necessary, and performing all operations required for the completion of the work specified herein and as shown on the drawings. The bid date and time shall be scrupulously observed. Under no circumstances shall bids received after the time specified be considered. Such bids will be returned to the bidder unopened. 1.02 DELIVERY OF PROPOSALS: All proposals, whether mailed or delivered in person, shall be submitted in sealed envelopes bearing on the outside the words "BID ENCLOSED" and, the name of the bidder and his address and clearly marked: "Proposal for the Village of Tequesta, Meter Replacement Program" and addressed to: Villa e of Te uesta 9 q P.O. Box 3273 Tequesta, FL 33469-0273 If delivered, the proposal shall be delivered to: Village of Tequesta 136 Bridge Road Tequesta, FL 33469 1.03 PROPOSAL FORMS: Submit proposal in triplicate on the forms herein, or an exact copy of the forms. The blank spaces shall be filled in correctly for each item and for every item-for which a bid is tendered. State the price, typewritten or written in black ink and insert numerals for which he proposes to do each item of the work; in case of conflict, words-will take precedence. .Failure to complete all indicated blanks in the designated manner may result in the bid being .declared non-responsive. Qualifications for bidders deemed non-responsive will be rejected without further analysis. Declaration of the non-responsiveness of a bidder shall be at the sole discretion of the Owner. 1.04 SIGNATURE ON PROPOSAL: Sign proposal correctly. If the proposal is made by an individual, his name and post office address shall be shown. If made by a firm or partnership, the name and post office address of each member of the firm or partnership shall be shown. If made by a corporation, the person signing the proposal shall show the name of the state under the laws of which the corporation was chartered, also the names and business addresses of its president, secretary, and treasurer. The proposal shall bear the seal of the corporation attested by the secretary. Anyone signing the proposal as agent shall file with the proposal legal evidence of his authority to do so. IB-1 02-106 1 4. During the lifetime of the organization, as presently named, the Contractor shall not have defaulted to a bonding company for the completion of any projects referenced under item 3, above. Failure to satisfy any of the above criteria shall be grounds for rejection of the bid, at the Owner's discretion. At the Owner's sole discretion, portions, or all, of the above criteria may be waived. However, bidders are advised that it is the general intent ~~ of the Owner to adhere to the stipulated criteria. The Owner will consider the qualifications of the Contractor in awarding the bid. Bidders are advised that the Owner reserves the sole right to award the project to the bidder which, in the Owner's sole opinion, best serves the interest of the Owner. By submitting a bid, the Contractor and Owner acknowledge that this evaluation process is to some degree subjective. The Contractor further acknowledges that the Owner may apply substantial weight to qualifications in the selection process. 1.09 SUBCONTRACTORS: For the Owner to be assured that only competent and qualified subcontractors will be employed on this project, each Bidder shall submit in the proposal a list of the subcontractors performing work on this project. This subcontractors list shall include each firm's name, address, telephone number, contact person, and work to be performed. Subcontractors shall be properly registered or licensed with the State of Florida, Palm Beach County and the Village of Tequesta. Subcontractors shall, in the Owner's opinion, be qualified both ,~, technically and financially to perform the work. The Owner reserves the right to reject any subcontractor who is deemed by the Owner to be unacceptable technically or financially, or has previously performed work which the .Owner believes to be unsatisfactory. No change may be made to this list of subcontractors by the Contractor, before or after contract award, without the express written consent of the Owner. '~ If, prior. to award, the Owner rejects any subcontractor, the Contractor shall be afforded the opportunity to submit qualifications for an alternate subcontractor with no attendant increase in the base lump sum bid price, adjustment of contract time or alteration of the bid documents. Such qualifications will be due within ten (10) days of receipt of notification of subcontractor rejection. Failure to submit an acceptable alternate subcontractor may result in rejection of the bid. In this event, the bid bond shall be returned to Contractor Owner and with forfeiture of all claim rights without claim by the by the Contractor . 1.10 DISQUALIFICATION OF BIDDER: The submittal of more than one Proposal from an individual, firm, partnership, corporation or association under the same or different names will not be considered and will be cause for rejection of all Proposals submitted by a bidder. IB-3 02-106 1 1.15 TIME OF AWARD: Th w e 0 ner reserves the right to hold all proposals and bid guaranties for a period not to exceed ninety ( 90 ) days after the date of bid opening stated in the Invitation to Bid. 1.16 PROPOSAL MODIFICATIONS: Modifications will be received from bidders prior to opening of first bid. Modifications may be telegraphic or in other written or printed form, but shall be sealed and dated with time stamp before delivery to the Owner. 1.17 MANUFACTURERS: The Contractor shall use only the named manufacturers, except as noted in the General Requirements, Section 01019. ,~ 1.18 CONTRACT SECURITY: Sections 5.01 and 5.02 of the General Conditions set forth the Owner's requirements with regard to performance and payment bonds. Properly executed performance and payment bonds shall be delivered to the Owner with the executed agreement . All performance and payment bonds for this project shall be in an amount equal to 100% of the Contract Price. The bonds must be executed on the forms provided in these documents and be countersigned by a Florida resident agent. 1.19 EXISTING PLANS: Copies of available Owner's records of existing facilities which may impact the proposed construction area are available for review at the offices of the Village of Tequesta. No guaranty as to the completeness or accuracy of this information ~, is made, or implied, by the Owner or the Engineer. 1.20 PUBLIC ENTITY CRIMES: Under the requirements of Section 287.133(3)(a), Florida Statutes, a sworn statement related to public entity crimes shall be submitted with the statement of qualifications and prior to award. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Florida Statute, Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.21 SITE USAGE: Contractor shall restrict all activities to the immediate construction area, within the public right-of- way/easement, as approved by the Engineer. 1.22 PERMITS: The Contractor shall be res onsible for securin a P 9 building permit and license from applicable entities, if required, including the Village of Tequesta and Palm Beach County, for this project . The Owner shall make no separate payment to the Contractor for expenses associated with securing the required licenses, permits or related approvals. The Contractor and Subcontractors, will be responsible for securing all occupational licenses, or IB-5 02-106 Safety Act including, but not limited to, the submittal of information related to the cost of compliance. '~ 1.29 PRE-BID CONFERENCE: A pre-bid conference will be held on Tuesday, March 4, 2003 at 10:00 a.m. The conference will be held at the Village of Tequesta Public Works Facility, 136 Bridge Road, Tequesta, Florida. All prospective bidders are strongly encouraged to attend. ~, 1.30 CONTRACT PERIOD: The initial contract period shall be for one (1) year, commencing in April 2003 upon Village Council approval of the contract at their March 2003 Council meeting. The Village reserves the right to exercise the following options: (a) terminate the contract after the first year with thirty (30) days written notice by the Village if funds are not appropriated by the Village Council or the Village deems that continuation of the contract is not in the Village's best interest or (b) to renew this contract for an additional 1-year period, pursuant to the terms provided herein, subject, however, to funds being appropriated for the respective fiscal year by the Village Council. It is anticipated that years 2 thru 5 would commence at the start of each fiscal year (October 1) upon Council approval. The Village requires a firm bid amount for the total base bid indicated herein. Successive year renewals will be based upon the successful bidder (Contractor) agreeing to the same terms and conditions and by submitting a written notice to the Village, not less than ninety (90) days prior to the renewal date, for any requested adjustment in the contract unit prices for the upcoming year. Contract renewals shall be based on Contractor performance and quality of work, mutual acceptance and a determination that the contract is in the best interest of the Village. A requested adjustment in the contract amount shall not. be greater than the change in the Consumer Price Index, as stipulated in 1.31 below. 1.31 CONSUMER PRICE INDEX ADJUSTMENT: The unit prices in the bid proposal can be increased, as requested by the Contractor, commencing October 1, 2003 and each October 1St thereafter, by a maximum limit determined by the change in the previous year's Consumer Price Index (CPI). Each new rate shall be computed pursuant to the following calculation: CURRENT UNIT PRICE X (1 + (CPI2 - CPI1) = NEW UNIT PRICE where, "CPI" = the Consumer Price Index (1982-84=100) for the U.S. City Average items, All Urban Consumers - South, published by the United States Department of Labor; Department of Labor Statistics. "CP1" = the published CPI for the month of April of the preceding year. IB-7 02-106 SPECIAL RE UIREMENT S PART 1 - GENERAL A. SCOPE OF WORK: The project consists of performing a 5-year meter replacement program and system retrofit to a touch read meter system. All equipment (meters, touch read modules, electronic registers and meter boxes) will be supplied by the Owner. B. PERMIT/LICENSE CONDITIONS: A Village of Tequesta and Palm Beach County Occupational License shall be applied for, and received by the Contractor prior to the start of work. Associated fees will be the Contractor's obligation. C. AGENCY NOTIFICATIONS: The Contractor shall be responsible for notifying the appropriate agencies prior to the start of the work. It should be noted that these agencies may require an on-site meeting prior to commencing this portion of the work. The Contractor -shall be responsible for meeting these agencies requirements, and informing the Engineer accordingly. D. STORAGE/STAGING AREA: The Contractor will be responsible for arranging for their own storage/staging area. The Contractor is required to submit their plan/location of the storage/staging area to the Engineer for approval. If acceptable, the Contractor will be responsible to provide adequate containers/covers and temporary fencing to protect the material/equipment from the elements. Some space will be made available at the Village's Public works Facility. i E. PROJECT INSPECTION: The Engineer and the Owner will be inspecting the work on a non-full time basis. The Contractor shall provide appropriate notice of need for inspections and allow time for scheduling. No work shall be covered up, nor tests accepted without prior witness by the Engineer/Owner. Inspections by the Engineer shall not be performed in lieu of other inspections required by the Village, County, State or Federal requirements. F. RESTORATION OF DAMAGED SURFACES, STRUCTURES AND PROPERTY: Where pavement, trees, shrubbery, fences or other property or surface structures not designated as pay items, have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents; State laws, municipal ordinances or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before Work began within a time frame approved by the Engineer. G. NOISE: The Contractor is advised that all work is in close proximity to residential areas. All engines used during construction shall be equipped with critical grade mufflers. SR-1 o2-io6 --.. PROPOSAL TO: VILLAGE OF TEQUESTA P.O. BOX 3273 357 TEQUESTA DRIVE TEQUESTA, FLORIDA 33469 E .. 1 FROM: (He Gentlemen :,~ Line Tec, Inc. 3idder) "~ 1210 S.E. 1St Street s~?' ~ Boynton Beach. FL 33<4d•5 The undersigned, as Bidder, proposes to furnish all labor; materials, equipment, services, and incidentals necessary to perform all work in accordance with the Contract Documents entitled:- Village of Tequesta Meter Replacement Program. Bidder -has also received addenda numbers ~ through ~ and have included their provisions in this proposal. Bidder now submits the following and hereby .agrees: 1. The only person(s) interested in this bid, or Agreement, as bid is made without t th h e a principal are- named herein; t connection with any other person, company, or parties making. a bid; and that it is in-all respects fair and in good faith without collusion or fraud, or other illegal practices. 2 To hold Bid open until an Agreement has been executed between . the Village and the accepted Bidder, or until ninety (90) whichever is t d i a e, ng calendar days after the bid open shorter. 3. To enter into-and execute an Agreement on the basis of this Proposal, within twenty (20) calendar days after the notice of award of .the Contract is issued. To furnish the 1000 0% Payment Bond in accordance with the Performance Bond-and 10 . Contract Documents. Failure to execute the Contract and furnish- said Bonds within twenty(20) days shall cause bid security to be forfeited, .not as penalty, but as fixed and liquidated damages for- costs and expenses incurred, payable into the funds of the Village. 4. To start work within ten (10) calendar days of the Date of Commencement as established in the Notice to Proceed. Work shall be completed within -the number of calendar days 'specified in Article 3 of the Construction Agreement. 5. In the event ofmultiplication, addition, or clerical errors on the Proposal Forms, the Village may correct these errors~to clarify the Bids. The information which results in the lowest cost to'-the Village will be considered correct, and therefore utilized. 1 p_1 oz-io6 i~' 11 1~ 1~ 1~ Village of Tequesta Meter Replacement Program Item No. Estimated Description Quantity Unit I• YEAR 2 A. Water Meter Replacement 1. Route #: 108 a. 5/8" b. 3/4" c. 1" d. 1 1/2" 2.-Route #: 112 a. 5/8" b. 3/4" C. 1" 3. Route #: 219 a. 5/8" b. 3/4" c. 1" d. 2" 4. Route #: 220 a. 5/8" b. 3/4" c. 1" Estimated Price Amount 217 EA $ l ~ $JCU 2 6 EA $_~~ $_ ~ q ~, ~0 2 0 EA $ ~~ ~~~.~~~C~ $ ,~4 Z~ . (T~1 1 EA $ ~~t_~.Q $ 3 iii=~® 192 EA $ y~ . ~[~ $ C'~ , ~~ 9 EA $ ~~~ Sv $ '. ~~ 22 EA $ ~ ~.Q~ $ IS. ~~ 2 EA $ ~ • C~ $~~ 3 EA $ .~ a, 0~ $~©~ i 18 4 EA $ , ~~ $ ~,T ti ~, 2 EA $~~ $__ 2 EA $~~ $~Q~ B. Meter Box Replacement a. 5/8" thru 1" Meter 50 EA $ C~ $ 5~~d SUBTOTAL, YEAR 2 $ ~ 3 ~ ~ ~ C(.~ P-3 02-106 1 1 Village of Tequesta Meter Replacement Program Item No. Estimated Description 4uantity Unit B. Electronic Register Replacement 1. Route #: 107 Estimated Price Amount C. Meter Box Replacement a. 5/8" thru 1" Meter 45 EA $ ~ 5•C~ $,~~ SUBTOTAL, YEAR 3 $~S•~v ~~ ~,~ % \/ ~i~ ~~ / 6/ i:.c.~o G.~-,c~ /'/~'~ f~ u„-e d.{.~ d s-u~l l - ~ G ~~P ~~~~.~o P~.1~ ( ~ 7 t 1 f 1 I. YEAR 4 A. Water Meter Replacement 1. Route #: 102 a. 5/8" b. 3/4" c. 1" d. 1 1/2" e. 2" 2. Route #: 103 a. 5/8" b. 3/4" c. 1" d. 1 1/2" e 2" 3. Route #: 109 a. 5/8" b. 3/4" P-5 230 EA $ '~-5~ $ '~~~~~i,LA(~ 5 6 EA $ I `~ . act $ l D ~ . rr t''..)\ 5 EA $ ~5.~ $ /~5. C'~ 5 EA $ $ 'gip, vv 222 EA $ ~~~.SC~ $~(?(~ 4 3 EA $ ~ C) $~~~(~ ti 124 EA $ ~~• ~~ $ ~ I LLJJ•f~~ 12 EA $ ~ ~•~ $ ~~b~ ~.~~ 02-106 1 1 r r r r r Item No. Description b. 3/4" c. 1" d . 2 ~~ Village of Tequesta Meter Replacement Progr Estimated Quantity Unit 21 EA 18 EA 1 EA 2. Route #: 111 a. 5/8" b. 3/4" c. 1" d. 1 1/2" e 2° 3. Route #: 217 a. 5/8" b. 3/4" c. 1" d. 2" am Est Price $ ~n4 $ ~•S~~ $ 3~U•e~J :imated Amount $ ~~~~OJ $ ~ I,cc~ $ 3ao,~~ 303 EA $ I~'•Sc~ $ ~ ~S,~U 9 EA $ j~. C~c> $ ~ Z 1.4U 13 EA $ ~~r.Sc~ $ ~53.SG~ 9 EA $ 3f ~, CO $ ~ 3S.C~ 177 EA $ ~~,Sc~ $ ~ v7,,~ ,S C) 46 EA $ ~~~~~ ~ $~~0~ 5 EA $ ~ .SO $ ~7.SU 1 EA $ 3a©~Z~ $ ~~C3~CC) B. Electronic Register Replacement 1. Route #: 217 a. 6" 1 EA $ 0 ,O $ C~Q.b~ C. Meter Box Replacement a. 5/8" thru 1" Meter 40 EA $ S,CO $ ~,gdc~~c~U T ~~ SUBTOTA , YEAR 5 $_~ 1_, 3~ ~ ~~ ~ y ~~ TOTAL BASE BID, (YEARS 1-5) $ ~ 3 ~" ti ~~S~t. ~ / P-7 02-106 CONSTRUCTION AGREEMENT THIS AGREEMENT is dated as of the da of in the Y year 2003 by and between the Village of Tequesta (hereinafter called OWNER) and Line-Tec, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK 1 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Implementation of a 5-year meter replacement program and a system retrofit to a touch read meter system. The Project, for which the Work under the Contract Documents may be the whole or only a part, is generally described as follows : The Village of Tequesta, Meter Replacement Program. Article 2. ENGINEER. The Project has been designed by: Reese, Macon & Associates, Inc. 6415 Lake Worth Road, Ste. 307 Lake Worth, FL 33463-2907 (561)433-3226 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. Article 3. CONTRACT TIME. 3.1. The entire project (annual contract) will be fora period of five (5) years from the date when the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions. The Owner reserves the right to cancel the contract at any time prior to the start of a new year (annual contract period) with thirty (30) days written notice to the Contractor. 3.1.b The work will be substantially completed in accordance with the following time frames (year 1 thru year 5) as set forth herein from the date when a Notice to Proceed is issued for each subsequent year, as provided in paragraph 2.03 of the General Conditions. -1- 02-106 1 1 1 1 LI 1 1 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions. 900 of work completed. 90 0 of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02 of the General Conditions). 5.1.2. Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. Article 6. INTEREST (NOT APPLICABLE) Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized 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, progress, performance or furnishing of the Work. 7.2. CONTRACTOR. has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions, and accepts the determination set forth in paragraph SGC-4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, 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, including specifically the provisions of paragraph 4.02 of the` General Conditions; and no additional examinations, investigations, explorations, tests, reports, -3- o2-io6 1 supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions. 8.12. The documents listed in paragraphs 8.2 and following, above, are attached to the Agreement (except as expressly noted otherwise above). 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 paragraph 3.04 of the General Conditions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of 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 party hereto without the. written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law) , and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 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 of ~, all covenants, agreements and obligations contained in the Contract Documents. Article 10. INDEMNIFICATION. 10.1 It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statute 725.06 (Chapter 725) . It is further the specific intent and agreement of the parties that all of the Contract documents on this Project are hereby amended to include the foregoing indemnification and the "Specific Consideration" therefore. 1 -5- 02-106 1 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed four (4) copies of this Agreement. One counterpart each has been delivered to OWNER, CONTRACTOR and two (2) to the ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on OWNER: 2003. CONTRACTOR: Village of Tequesta By :~ ~ , Edward D. Resnik, Mayor Address for giving notices: Village of Tequesta P.O. Box 3273 Tequesta, FL 33469 (561) 575-6200 (561) 575-6203 (Fax) Line-Te Inc. 6 S ott~Ellswor h, President ~ ;. ATTEST : %Y' .~~ Address for giving notices: Line-Tec, Inc. 1210 S . E . 1st Street Boynton Beach, FL 33445 (561) 374-9494 (561) 737-3827 (Fax) [CORPORATE SEAL] 1 i ~~ 1 1 t r 1 t -6- 02-106 ~- BOND # MB5013 Performani~e Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address) LINE-TEC, INC. 1210 SE 1ST STREET BOYNTON BEACH, FL 33435 OWNER (Nance and Address): VILLAGE OF'1'EQUESTA ?50 TEQUI=STA DRIVE SUITE 300 TEQUGS"f A, FL 33469 SIJRETY (Name and Address of .Principal Place of Business): CONTRACTORS BONDING INSURANCE COMPANY 200 SOUTH HARBOR CITY BLVD., SUITE 402 MELBOURNE, FL 32901 CONTRACT llale: Amuuot: $23,160.00 Ucscriplion (Name and Location): Meter Keplacement ProgramTO THE VILLAGE OF TEQUESTA 136 BRIDGE ROAD, TEQUESTA, FL 33469 BOND Date (Not earlier than Contract flare): MAY 22, 2003 Amount: $23,160.00 Modifications to this Bond Fo1m:NONE Surely o-,nd Contractor, intcndinb to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this 1'aynlcnl Band lu be duly executed on its behalf by its authorized officer, agent, or rnl>resentative. ~~. CON'1'[LICTOL~`AS PRINCIPAL SURETY Cumpauy:I,I , _ EC, Co i Seal ( rl ) Cu111panyCONTRAC'rORSBONDINGINSURANCECOMPANY ~~.,1)rt), S9al) ' Name ,Ind Ville: - __ Signature- `' --- ~, alne al It e:p +y 1`gpTSON IlI ATTORNEY-IN-FACT & Fl, RES. AGENT (Attach I'o~+~er of Attorney) ' (Space is provided belo+v Cur signalw~cs Uf additional parties, if required.) ' CONTRACTOR AS PRINCIPAL S U IZGTY C:umpany: (Cor Seal ' P• ) Company: (Corp. Seal) S ignalurc Signature; Hanle and'I~ith:: -` Name and Title: EJCDC No. (910-28-A (19'l(i Edition) ' Oi igiually prepnrrd Ihrou~h the joint effuns of the Surety Association of America, Engineers Joint Documents Comrnitfee, the Associated General .Contractors of Amenca, the American Institute of Architects, the American Subconu•actors Association, and the Associ:ued Specialty Cuntr:l~lnrs. I. TheCONTRAC'rORend((icSurcty,jointlyandseveratly,bindd~emselves,tluir 2. If the CONTRACTOR pertornis the Conlrucl, Use Surety end the heirs, executors, adminislratiirs, successors and assigns to the Owner fur the CONi'RACTUIt have no obligation under this 13und, except to pa~licipate in ' pcrlormancc of the Contract, which is incorpurued herein by reference. conferences as provided in paragraph J.I Ua610-1 02.-106 nn i~ ~ ] t S a ~:.a_ J. if there is no C)\YNI.R Ih l`ault, the Sttrcry's obhgauun tlaJcr IItIS Bot1J sh:,ll - _. -C tr l;,a tit _iLt i~ ulrly a~cls.ltia~.k;ur,ilrr p""-" I , 42, r ~ _ -then ~.3~~~ ~~i ~.l tlrrrespoli;iFtilNies q~lhe Surely to Ili'c`C341'Nii(t sh:lF~e greater an t~IttSr of ' arise otter. - 3 1 Th 011+NE n ttii3;CQNTRACTC~R undci Ih~ Col>tFxt, anJ~thc res[ii5itsibilitics of the O1NNL•R to the Surety shall nut be greater than those of the OWNER under the Contract. To . e K has otit icd the CONTRACTOR and the Surety at the J a limit of the amount of this f}nnd, but sub)ecfto epmtrtitmFn! by;thg.~R of a dresses do-seribeJ in paragraph 10 below, Ihal the UWNIsR is the Dalanco rtf the Contract Price to mitigation` of costs anJ datitages on the considering [teetering a CONTRAI:TpR llcfault and has requtsled and Coilract, the Surely is obligated without Juplicatiun for: attempted to ,rrdu~e_ a cottTtrence wish The CONTRACTOR and the •' ..:: .: ~urety to be hclc~.noi Telcr l~un ftteen.~ays allerrecriPlo,hSUCh-notice to, ' 6.1 The FesponsiGililirS Vfthe;GrQiV,fIL~CTUR fur~ evlt~etiSrn f~~teftive discuss glethods of pcrfur5»ing the Contract. If the owner, the '. ~„ ; C~iI~TIT~i1rf~I27'+ai~ Iht Surely agree; the CONTRACTOR shah' tie , Work and complraion of the C;gnlract;_ ~; , ~~`feFtbT!?e'~surtabl~,tir~algportorfr;tile{zontraCJ,butiSuc~l[a'It.,gtrcmctel h ' ~-6.2= Adilitionallegal,Jrsignprotisssional;~r(tl(JEIa)S'¢~SSt'sY-iesu(tin~fidnithr ' s all not .v:iivc ihr O\VNLIt s nght, icons, subsequently to declare a CO\~TItACfOR 1)cl:wh; and CONTRACTOR'sDrfault,:tndrrsultinglromlheactiunsorfailuretuact of the Surety under paragraph J; and a E)'} 1.2 l;ht u.vngr, hu;t,dy`clarcd a CONTRACTOR DefaulLand Ivnnally i u ~ " 6J LiyuidateJ damages, or iLlni liyuidateJ dam~grs ,Ire speciY~e~ ilk the .lu r u:LLcd 11u Cf)Nl Ii 4G7DRSughh-lu.bromplete Ihett)iNract Suc ~." CONTItAC7 OR I)~ Lnrlt ,hall;nut be declared earlier than twen ifa ~ •s Cvnlraet, actual- dnnfagrs caused by JdayeJ pet formnnr:c or non- ~ ~~~ f c ry: y ~ft~r the CUN"IItACTO • R anJ` ~hr Surety have recciveJ noUc r s per vrntan w? of the CONTRACTOR. , . ,. a prondcJ in paragr}j7h':1.I ~' anc{. `i' 7. The Surety shalt not be liable to the OW)\[R yr others fur obligations of the 3 7 l'hc us+it~r h;ty agdced~to yt,,y thu~ltalancetif the~Contrtct Pricc`ut; ~ CONTRACTOR that nee unrelateJ to the Contrarl,,and,lllc Dalanco of tlatQ~ ~tn~liract Priershall nut be"reducrJ orsrl ulTun'account ol•aly such modeled uoligallOns ' ).3. I . l"hr Surely ul accurdante wish the lernis of the Cuntracl; . No ri~ald of action shall accn,a vn thin bond ty anyAjtei>run ~~'entity other Than the UtWi l;R or its heirs, executors, administraiurs, ur successors. JJ"2 Auuthu runlr.lctor sdecled pursuant to par'agtaph 4.~ Id pct loirii 8.' Ttie'Surdy hereby waives notice itFnn'y ~Irange indudiug changes of time to ' ~, -, NIq Cyuu,ict: ° , the. Contract or to related sub,:ontracts, pu'ichrse u`rde,s anc)plhrr oblignlious, d. When (tic' u,Ynel' hay s lhti'IicJ the coiii6lioiis of paragiaph J, the Sulcly shall promptly ;ind ,it 1h~ ;4sia~ly ;; ez eme Frkewnc of ti ll f win i ): Any proceeding, legal or atuitalilc, undo this tSond nl,ax h4 jnstituted in any , p ts o o g aet un5; - 4 l court of tonipetrnl ~urisdiclion'in Ihc` liicaiiun n, whuh the` ~~oi•YS or pall of the Work is located and shallbc insuurled-.ciutui i}uu~y~,ttc;rl~eYR~4NTRACI"UR . r\rrangc for the- C(~NTR~I~TQR, with cnnsenl uTthe QIVNER, Ill Defaultorwithintsvoyearsallerthr:CU1V"fItACTQlter isv h p kin o withi lw lieiluliii and conq,lcte the Louh-rct: ur ~ ~ ' ~" ` ~ . t w ( g r n o scars alter the Surety refuses nr huts tq pulornt, its obh~aliuit~ ender This Mond, ` ~ -~ ~n~t=rllka'~4 Pcl M"rtt o)tdLUnaith;le llte Contract 4lself, Ninatlgh_it;,nlc,i1S. , rvltidtevcroccursfirSt.iTlhc ro~rsionsoftlns ale ri h uivi)i P p• ' ~ p ~ ~ or prohibited by ,taw, [he nuiumum ,period of ~~liu+ttruon ~I~,nl;tbk tip ~rirtN~s its ~~r~llcfense in the o~, il~Ullll~h,L1111~Itytl~4,ll CnnlraClgrS~tlr jurisdiction of the suit shall-he :rpphcablc. A.J Oblainbidsur neSuliatrJ pn,pusa,lsl'tutu qu.IliJieiTt;outract~lrs neceplal7lc , ; .10: No[ice to the Surely, the OWNER orlhrCO1W'RAGTi1T(;5ltitll be maileJ nr to the O1VN1=12 lur a cunlract for pcrTorn,ance anJ complchion of the ~'~~omt , i i " ~ " ` JclivereJ to the aJdresses shown vn the sigualtnc pas~;c ~ rtYt, Ir ; ng~ fvr a t.utnlnc t to br ~~iiepan:J•f+ir cra~ttion by Un: - C)1V;.fClt an~1 IJi~ u,ntr~tut sc9ealad wi4htliaOWN:L•R scviti;urteltce;lu hcsc~uicJw~th ~rtiurma ce b l I. When This Dond-has been fiirnishert lit ~unlNFy:with a slaluti9iy ur other legal p n an~p,,Yment, ondse:cecutcdby.aqualitied suiciy ctllllYatCnt ID IIIC Uunds issue,l'rin the Cuntratl, ;idd pay to llte rryiyremeatlinthelocalionwMerrthr~'},ntrtic~wa~)ct°bc,p~~TunrtrJ anYprovisiun Ill 11115 DonJ COOItICllllg Wllh SJId SlallllUfy Or Legal rrquircntcnl shall be deemed Q~ViVEft the auruaiuul'J~ma~es as Jeseibcilin par`agrajih-Giro excess f th D l . delttcd herd}om and` pnivisiuns eonlormiog to tiie'ti statutory or other legal o e a anco of the Contract Price incurred by the OWi lLft resulting from the CON I Rnt`'I'(3R I~ef.•tiih `or ""` " rrquiremrnl sb:dl beJeemed incur}~orateilhrrein. "The intent is, that this Dund shall , be cOfl3lrucJ as a slalulury libnd aril tint as a summon law bond. ' 4 4 YJ,ai4v,+ Its ngbt to per~urr,t aaulunmplde; arrnng~ lvr ~omplcliun, or. vbttin ~`~nCw unnracur and with reasonable promptness under Ute I~. D~FINTfIONS cilcunntauces 12.1 , Dalanco ufthc Cctnlroct Price; Thr lolul amount payable by the OWNER `~.~`.1 'A"tYir iatti?41ig:ili7tns; J%ttrinine`(he ar1tU`niil~Wr Which it may be' ~ to the CONTRACTOR unJcr the Cgntiacl alter all proper adjushnents have bcen~ made inrluding~alluuuacc to the COtJ'fIlACTOR of an Irlble Iv the U WNGR and, as soon as practicable alter the amount , y amounts rrcuiveJ or to be rccrivrd by the OWNER in settlement of is JetemmteJ, telider payment therefor to the OWNER; or insurance or other Claims lur darnagrs lu which the CUNTRAt'TOR is ` 4.4.2. Deny liability in whole or m part and notify the OWNER citi enhtled, reduced by alt valid grid proper payments made to or on behalf ng CC85U115 ltll rr fUr of the CONTRACTOR under this Contract. ~ - - ~ ., ' ' ` ~ . ., _ - ` ' 5. Il the Surety does riot proceed as provided in paragraph 4 with reasonable , - , ~ : , , ;. 12.2 Contract: The:agn;ancnt be[wecrf the QW~±-ETi and the CONTRACTOR identified on the signature page incluJing all Cuntracl Documents and promptness, the Surety shall brdeenled to be in default on this Hand fifteen days after tecupt ~( ~q >,~JJilwnal wetness notice frpr tl n e OW~ ~It l S , changes Ihorclo. °`it'•*.k=)~; ~; ~ ~ ~ < , l I u U-c _4rcty . dcmandmg ~~h:i( lfie r$(irdy pcrfumt its obligations Lnder this •Dond, uud the ~ ~ OWNER shall (tr cnlitleif io_cAlurcc any remedy available to the OWNER t ~ ,. ~,.- _ ~-; . , . ~ l2.) CONTRACTOR Default Failure of [he CONTRACTOR, which has ' : fthr Surrty procpcrl~+tsprovi<1¢d in paragraph,4.4, and,tl?cOVaRJERre;fuses thepa 7ncnt neither beta rentedirtl nor waived, to"pCrfornl yr otherwise to comply `wi h th" h C y tendcled urthr Surety has t e terms o t e Contract. QcnieJ phabifil"y in whole nr m part, w~ihout further"noticelFe OWNER` shall ,tic enlillcJ b eilfarce any remedy IwaJuhle td thcOWN$R ~ 12.4OWNER Utlault: ~Failwr ul Ihr OWNER whtuh Ita4 neither been . remedieJ nor rvaivcJ,~ to pay Ifie CONTRACTOR as rCquired by the G. ARer the OWNER has trnuinatrd the CON'fRACTOR's right to complete the Contract or to perform and cr7mplrtr, or-canplj~,with the other Icnns thereof. l ~) ~ ") _ _ a _J UU61 U-1 02-106 1 ASS BOND HEREBY IS AMENDED SO THAT THE PROVISIONS ' AND UMTTATIONS OF SECTION 256.05 OR SECTION 71929 AND 7'1216, FLOflfDA STATUTES, WHICHEVER IS APPIJCMLE,1UlE BOND # MB5013 P a y Itl e n t B o ll d ~D HEREIN BY REFERENCE Any singular rclcrcncc to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): LINE-TEC, INC. 1210 SE ] ST STREET BOYNTON BEACH, FL 33435 OWNER (Na-ne and Address): ' VILI,AGC OF TEQUFSI'A 250 TLQUESI'A DRIVE SUIT( 300 ' 'I'L'QUESTA, ILL 33469 (Space is Ixuvidcd b~lul~~ lia signatures of additional parties, if rerluirod.) CONTI2AC"fOlt AS PEZ1f~ClP/\L SURETY Company: (Cole. Seal) Company: CONTRACT' Dale: Amount: $23,160.00 Descrit~tiun (Name and Location): Meter Replacement I'rngramTO THE VILLAGE OF TEQUESTA 136 BRIDGE ROAD, TEQUESTA, FL 33469 1 BOND ' Date (Not earlier thau C:unlracl Dalc): MAY 22, 2003 Amount: $23,160.00 Modifications to this Bond FornI:NONE ' Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse sills hereof, do each cause this I'aynunt Bond to be duly executed on its bcl-;tlf by its authorized officer, agent, or rcpreseotative. CONTP~AC7~OI S PR1NCl1'AL SURETY ' Cunlpany: L E!C, INC. (C:Orp. SCaI) ~.Ol1lpallyCONTRACTO1LS130NDINGINSURANCECOM:.4vY (Lore. Cal) 4 Signature:: ~'~ %' _..._.... _ Signatur/e ~. ~-.~ Nallle. and ~IIIC: --~''' `NaIIIC and Tltle: D. W.MATSONIIIAT;GRNEY-7~7-FACT&FLI[ES.AGENT (Attach Power of Attorney) Signaturc:_ Name and Title: SURETY (Name and Address of Principal Place of Business):CONTRACTORS BONDING INSURANCE COMPANY 200 SOUTH HARBOR CITY BLVD., SUITE 402 MELBOURNE, FL 32901 Signature: Name and 1'itlc: (Corp. Seal) G1CDC No. 1910-2$-B (1996 Edition) Originally prep;ucd tluvubh the juiul eCCurU of lLc Surety Association uC America, Cn~ineers Joint Documents Conuuitlee, the Associated General Contractors oCAmerica, the American Institute offu'chilects, the Anlericau Subconlraetors Association, and the Associated Specially Contractors. I.1'heCOt~11tAC1'ORandlheSutrly,jointly and severally, bindlhrntsclves,lhrir. 2. Wills respect to the Ow•uer, this obligation shall be null and void it~lhe heirs, execuwrs, administraan:~, succes.vors and assigns to the Owner W pay fur CONTRACTOR: labor, malenals and equipmeul furnished roe use in the performance oflhe Contract, which is incvlyoralcd herein bl• refi;rence• 2.1. ['romptl,v makes payment, directly or indirectly, for all sums due Claimants, and 00(20-I ' 02-106 2.2. Llrfrnds, indcnuliGcs:ntdhulds harntlcss the OtiVNER Crom all claims, demands, liens or suits by any person or entity who furnished labor, matcri:ds or equipment Cor use in the performance of the Contract, provided the OWNER has promptly notified the CONTRAC7OR and rho Surety (at the addresses described in paragraph 12) of any claims, demands, licros or suits and tendered defense of such claims, demands, • liens or suits to lhr CONTPv1CfOR and the Surety, mid provided then: ' ~ is mo OWNLR C)chult. to use the funds for the completion of the Work- 9. The Surety shall nut be liable w the O~VNI:R, Cluintants of others for obligations oC the CONTRACTOR that art:. unrelated w the Contract. The OWNF,R shaft not be liable fur payment ofany costs or expenses ofany Claimant wider (his l3und, and shall have under Ihis Bond nv vbligaliuns to make payments to, give notices on bchalfol', or uthenvisc have obligations tv Claimants under this BonJ. 1 J. With respect to Clainlanls, this obligation shall be null and void if the CONTRACTOR l k Il). The Surety hereby waives notice of any change, including Changes of time, to prompt y ma es payments, dirccll}' or indirectly, Cor all sumsdue. the Contract ur Io related Subwntracts, purchase orders ;unl other obligations. ' d, The Jurely shall hove nu obligatiom to Claim:uns under this IlvnJ until 4 1 Cl i I I . Nu suit or action shall be conunenreA by a Claimant antler this Bout other that in a court o(CUrnprtent jurisdiction in the location in which the Wurk or parr ofthr . a mants wlw arc anploycd by or have a direct contrt+ct with the Wurk is located ur after the rxpiratiou of one year hum the d;tte (l) on which the CONTI[ACfUR have given notice to the Surely (al the addresses Claimaml gave the notice required by paragraph d.l or paragraph A.2.J, or (2) vn described in paragraph 12) and scut a copy, or notice thereof, to the which the last labor or service was performed by anyone or the last materials or O~VNI:R, slating that a claim is being trade under this Bond and, ~.vith equipntem were furnished by anyone under dte Constnlctiun Comract, whichever subslanUal accuracy, the amount of flu claim. of (I) or (2) first occurs. If the provisions of Ihis paragraph are void or prohibited X1.2 CI:III11.11115 \vh0 [IU IIUI I1:IVl' :1 dllert CUltlydd \Vllh IhC CONTRACTOR: by law, the tuinimum period of limitation a\'ailahle to surditirs as a defense in the )nrlShcl'llUtl Uf IhC SIIII shall be appllcablC. 1. I-lave fumisheJ wrilleu notice lv the CONTRACTOR and sent a 12. Nuticc to the Surety, the OWNER or the CUN fRi\C"fOR shall be mailed or ropy, ur nuuec 1!lereml', ul the O~Wi I?R, \vilhin 90 clays :Iller having delivered to the addresses sho\vn on the sltnalure page. Actual receipt ofnolice by last pcrfonntxl labor or tut tarnished Materials or equipment Surety, the OWNER or ILc CON772ACTOR, however accomplished, shall be included in the claim sealing, with substaNial accuracy, the •rmount r;uClicienl complimuc as of the date received st the address shown nn Ibr signatetrc of the claim anti dte nanlc ul'Ihr party to wham the materials was page. ' tarnished or supplied or fur+\•hom the labor was dune or performed; 'Ind U. When Ihis Mond has been furnished Ira amgtl}' with ;t statutory or other legal 2. !-lave either received a rejection in whole or in part from the rcquirenrent in the loe:diun .vhrre the Cuulract was w be perlbrnled, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed CUNTRACTOR, ur not rcccrveJ \vidun 70 days of famishing Ihr deleted hcrclium and provisions eoaforming to such statutory or other legal above notice any commm~icativn liuln the CONTRACTOR by rcyuuen)ent shall be deemed incolporatr:d herein. l he intcul is, that this Bond shall which the CONTRACTOR had indiwtcd the claim will be paid be consuucJ as a statutory Bond and nut as a Common law bond. directly or indirectly; ;uul J. Nut having hero paid within the above JU days, have sent a written I'1. Upon request of any person or entity appearing to be a potential bcnrficiary of this Bond, the CONTRACTOR shall promptly Illmish a copy ul' Ihis Bond or notice to the Surety and sent a copy, ur notice thereof, lu the shall permit a copy h) be maJe- OWNER, staling that a claim is bring made under Ihis Bond and enclosing a copy of the previous written notice furnished to the I S DEFINIl1UNS ' CONTRACTOR. 5 If I5.1 Claimant: An individual or enttly having a direct contract with the . a notice required by paragraph 4 is gi\•cn by the 01VNER to the CONTRACTOR or to the Surety that is sufficient com liance CON"hRACiOR or with a 5ubconlractor of the CONTRACTUR to i f h l b i i , p . urn s or, mater a als or equ pment for use in the perfonn;ulcc o(the ' (i. When the Cluintant has s;nistieJ the conditions of paragraph 4, the Surely shall Contract. l he intent of this Bund shall br to include \vithout limitation in the leans "labor, materials or eyu,pnunt" thatpart ofwaler, gas, power, promptly and al Ihr Surety's cspensr fake the lullo\ving actions: light, heat, ail, gasoline, telephone service or rental ryuipntent used in the ' 6. I Send an answer Iv the Claimant, with a copy to the OWNER, within 45 Jays aRer receipt of lhr claim, staling the ;amounts that are utxlispuled Contract, architectural and engineering services required for pcrfomtnnce of the Wnrk of the Cf)N1'RACTOR :u+J the CONTRACTOR'S Sulx:untracturs and all other items for whidl a Inrchanie's lien ma 6e and the basis fur challenging any antounis That are dispuud. , y asserted in the jurisdiction where the labor, materials or egwpntrnt were 6.2 Pay ur arautge Car paymrnl ofany undisputed amounts. famished. ' 7. The Surrey's Iota1 obligation shall not exceed the amount of this Bond, and the 15.2 Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract llocuments and amount of this Bond shall be credited for any payments made in good Cailh by the changes thereto. Surely. ' 15.3 OWNER Default: Failure ul' the OWNf:R, wlliclt Itas neither been rcnledied our wa+vrd, W pay the CONTRACTUR as required by the 8. Amounts owed by the O W NGR to the CONTRACTOR under the Contract shall Contract or to perform and complete or comply with the other lernts be used for the performance of the Contract and to satisfy claims, ifany, under any thereof. 1'crfonnance Mond. IIy the CONTRACTOR furnishing and the O WNER accepting this Bond, Illey aglee drd all funds canted by the CONTRACTOR in the prrfvmlance of the Conlr:+ct are dedicated to satisfy obligations of the CONTRACTOR and the Surety under Ihis Bond, subject to the OWNF.R's priority t QOG2U-2 1!-'- I O4 1 RIDER ' THIS RIDER is to be attached to and form a part of performance and payment bonds no. MB5013 (the "Bonds") issued by Contractors Bonding and Insurance Company (hereinafter called "Surety") on the 22rm day of Nrav 2003 WHEREAS, The Village of Tequesta (hereinafter called the "Obligee") requested ' bids from bidders for the Meter Replacement Program; and WHEREAS, the terms of the agreement to be entered into- by the successful bidder ' (hereinafter referred to as the "Contract") provides that the Contract can be for a five year period, commencing on ;and i WHEREAS, Line-Tec, Inc. (hereinafter called the "Principal") submitted a bid to the Obligee which was subject to the conditions stated herein, and said Obligee accepted the Principal's bid. NOW, THEREFORE, notwithstanding any language in the Bonds to the contrary, the Bonds are hereby conditioned and modified as follows: 1. The effective date of the Bonds shall be from ~y 22, 2003 through MAY 22, 2004 , and Surety shall not be liable for any defaults or events arising either before or after the effective date of the Bonds. At sole option of the Surety, the Bonds may only be renewed by continuation or renewal certificate, and/or rider setting forth new commencement and expiration dates. Non- renewal of the Bonds, whether or not a breach of Contract, shall not be considered a breach within the effective period of either of the Bonds. 2. Surety's aggregate liability under either of the Bonds shall in no event exceed the penal sum of the Bonds. Where the Bonds are renewed, continued, reinstated, reissued, or otherwise extended for one or more years, each bond shall be considered one continuous bond and in no event shall the penal sum, or any portion thereof, at two or more points in time be added together to determine the Surety's liability under either of the Bonds. Any payment made by Surety under either of the Bonds shall reduce the penal sum pro tanto. 3. Any suit by the Obligee under the performance bond must be instituted before the expiration of one year from the expiration of the effective date of the performance bond; provided, however, that if this limitation is void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. The Bonds shall not be liable for any liability of Principal for tortious acts, whether or not said liability is direct or is imposed by the Contract, and shall not serve as or be a substitute for or supplemental to any liability or other insurance required by the Contract. 4. In the event the conditions contained in this rider are unenforceable and/or are unacceptable to the Obligee, the Bonds shall be null and void and of no force and effect. Rider- Page 1 of 2 Signed, sealed and dated this 22I~v day of MAY 2003 LINE-TEC ~" (P al) r Y~ - Its: /~.~-,: ~,~,., / CONTRACTORS BONDING AND INSURANCE COMPANY By: _ _ _ ATSON III FLORIDA RESIDENT AGE1'VT ItS: ATTnRNF.Y-TN-FACT o:\legal\bondfrm\rider-5.doc Rider- Page 2 of 2 ,. ., ,. ' ,. ~~/ `' .. soNas ,,;;~~~~~:~::~.~... LIMITED POWER OF ATTORNEY ,: c c i ~, INSURANCE ~~;, ~~~~~~:~ Not Valid for Bonds Power of Attorney ;;' ~~~~~~ Executed On or After: JANUARY 31ST, 2004 Number: 671758 ,, ,: ~; ~i `I :' A valid original of this document must be printed on security paper with black, blue, and red ink, and must bear the seal of Contractors Bonding and Insurance Company (the "Company"). Only an unaltered original of this power of attorney is valid. If a photocopy, the word "VOID" should appear clearly in one or more places. This Power of Attorney is valid solely in connection with the execution and delivery of the bond bearing the number indicated below, provided the bond is of the type indicated below, and is valid only if the bond is executed on or before the date indicated above. ke, consti ut~'iil~ KNOW ALL,-.MEN 8Y THESE PRESENTS, that the Company does lxareby ma ~~ ~~ and appoint the following, JOHN W. CHARLTON and D.W. MATSON, III its true and~ti~~1i. lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name., place and stead, to execute, acknowledge and deliver on behalf of the Company: (1) any-and all bonds and-.undertakings. of suretyskiip given foz an]r purpose,. provided,. however, =that na-such person shall,. be authorized to execute and delverany bond or,undert;aking that shall obligate the Company for any portion of the penal sum thereof in excess of $10,000,000, and provided, ~~~, >wurther, that no Attorney=in-Fact shall have theauthoritg to issue a bid or ,proposal bond for any project where,- if a contract is awarded, any bond or ,;y. undertaking would be required. with penal-sum in excess of $1D,000,000; and (2) consents, releases and other similar documents required by an obligee under a contract bonded by the Company. This appointment is made=under the authority o the Hoard of Directors of the Company.--:------------------------------------~=- -- -^--^------------ ------------_ -- ----------------------------~11~ ---------- ----------------------------------_--------------------------------~~~1-- CERTIFICATE I, the undersigned secretary of Contractors Bonding and Insurance Company, a Washington corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked, and, furthermore, that the resolutions of the Board of Directors set forth on the reverse are now in full force and effect. Bond Number MB5013 ,; :;~ lII r . ~;~ Signed and sealed this 22nd day of May 2003 •J_ GAF :5` .. ;{ f. i. G ` _ A ,' ~ , ,., €; Robert M. Ogle, Secretary CBIC • 1213 Valley Street • P.O. Box 9271 • Seattle, WA 98109-0271 (206) 622-7053 • (800) 765-CBIC (Toll Free) (206) 382-9623 FAX PoaLPOA.04-US101700 ;;, ~~ %~ ;\ ;`:~ %~ ~, %; ~, ~~ CONTRACTORS BONDING AND INSURANCE COMPANY NOTICE -TERRORISM COVERAGE FOR CERTIFIED ACTS OF TERRORISM NOTICE - NO PREMIUM CHARGE ' This Notice is required pursuant to the federal Terrorism Risk Insurance Act of 2002. For renewing policies of insurance, this Notice applies upon renewal too unless superseded by a written notice specifically so providing. ' There is no need to respond to this Notice. You are hereby notified that under the Terrorism Risk Insurance Act of 2002 (the "Act"), effective November 26, ' 2002, you now have a right to purchase insurance coverage for losses arising out of acts of terrorism, as defined in Section. 102(1) of the Act. Under the Act, the term "act of terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States 1 - to be an act of terrorism; to be a violent act or an act that is dangerous to human life, property, or infrastructure; to have resulted in damage within the United States, or outside the United States in the case of an air carrier or vessel or the premises of a United States mission; and to have been committed by an individual or individuals acting ' on behalf of any foreign person or foreign interest, as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act of terrorism can be certified, however, if resulting property and casualty insurance losses in the aggregate do not exceed $5,000,000. ' In this Notice, we refer to an act of terrorism covered under the Act as a certified act of terrorism. We have decided to provide insurance coverage for certified acts of terrorism only at no charge, even though by federal law we are only required to notify you of your right to purchase the coverage. Our Policy contains an exclusion of losses caused by terrorism, but the Act provides an exception from that exclusion for losses resulting from a certified act of terrorism. Non-certified acts of terrorism remain excluded in our ' Policy, and the Policy's other provisions still apply to any certified act of terrorism. This Notice may also serve as an endorsement when attached to our Policy if there is no other specific endorsement contained in our Policy dealing with coverage for a certified act of terrorism. ' Additional Information for Polic holders with olicies rovidi y p p ng fire insurance m the States of: Ar><zona, California, Idaho, Oregon and Washington The existing terrorism exclusion makes an exception for (and thereby continues coverage for) fire losses resulting from terrorism. Therefore, the coverage in our Policy for such fire losses will continue. ' DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES Coverage provided by our Policy for losses caused by certified acts of terrorism is partially reimbursed by the ' United States under a formula established by the Act. Under this formula, the United States pays 90% of covered terrorism losses exceeding the statutorily established deductible paid by us as the insurance company providing the coverage. The premium charge by us for this coverage for certified acts of terrorism is zero. There may be a ' charge at some future point in time if the Federal Government pays a loss for the portion of loss covered by the Federal Government under the Act. Fonn 1 NotTERR.01-US012203 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. STANDARD GENERAL CONDITIONS OF THE ' CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COIVIlVIITTEE and Issued and Published Jointly By t 1 PROFESSIONAL ENGINEERS TN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute These General Conditions have been prepared for use with the Owner-Contractor Agreements (No. 1910-8-A-1 or 1910-8- A-2) (1996 Editions). Their provisions aze interrelated and a change in one may necessitate a change in the other. Comments concerning their usage aze contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). ' EJCDC No. 1910-8 (1996 Edition) Copyright ©1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council 1015 15th Street N.W., Washington, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York, NY 10017 -2- TABLE OF CONTENTS ARTICLE 1 - DEFIMTIONS AND TERMINOLOGY ................................................................................................................6 1.01 Defined Terms ...................................................................................................................................................6 1.02 Terminology ..............:........................................................................................................................................8 ARTICLE 2 -PRELIMINARY MATTERS ..................................................................................................................................9 2.01 Delivery of Bonds ..............................................................................................................................................9 2.02 Copies of Documents ........................................................................................................................:................9 2.03 Commencement of Contract Times; Notice to Proceed ...................................................................................9 2.04 Starting the Work ..............................................................................................................................................9 2.05 Before Starting Construction ...........................................................................................................................:9 2.06 Preconstruction Conference .............................................................................................................................10 2.07 Initial Acceptance of Schedules ........................................................................................................................10 ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .........................................................................10 3.01 Intent ..................................................................................................................................................................10 3.02 Reference Standards ..........................................................................................................................................10 3.03 Reporting and Resolving Discrepancies ...........................................................................................................1 l 3.04 Amending and Supplementing Contract Documents ........................................................................................1 l 3.05 Reuse of Documents .......................................:...............................:..................................................................11 ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ...................................................................................................................•---.......:......................................11 4.01 Availability of Lands .........................................................................................................................................11 4.02 Subsurface and Physical Conditions ................................................................................................................12 4.03 Deering Subsurface or Physical Conditions ...................................................................................................12 4.04 Underground Facilities .....................................................................................................................................13 4.05 Reference Points ..............................................................................................................:.................................14 4.06 Hazardous Environmental Condition at Site ....................................................................................................14 ARTICLE 5 -BONDS AND INSURANCE ....................................................................:......................................:......................15 5.01 Performance, Payment, and Other Bonds ........................................................................................................15 5.02 Licensed Sureties and Insurers ......................................................................................................................... 15 5.03 Certificates of Insurance ................................................................................................................................... 5.04 CONTRACTOR'S Liability Insurance .............................................................................................................. 15 15 5.05 OWNER 's Liability Insurance .......................................................................................................................... 16 5.06 Property Insurance ............................................................................................................................................ 16 5.07 Waiver of Rights ................................................................................................................................................ 17 5.08 Receipt and Application of Insurance Proceeds .............................................................................................. 18 5.09 Acceptance of Bonds and Insurance; Option to Replace ................................................................................. 18 5.10 Partial Utilization, Acknowledgment of Property Insurer .............................................................................:. 18 ARTICLE 6 -CONTRACTOR'S RESPONSIBII.,ITIES .............................................................................................................. 18 6.01 Supervision and Superintendence ..................................................................................................................... 6.02 Labor; Working Hours ...................................................................................................................................... 18 19 6.03 Services, Materials. and Equipment ................................................................................................................. 19 6.04 Progress Schedule ...........................................................................................:................................................. 6.05 Substitutes and "Or-Equals " ............................................................................................................................ 19 19 6.07 Patent Fees and Royalties ................................................................................................................................. 21 -3- 6.08 Permits ............................................................................................................................................................... 22 6.09 Laws and Regulations ....................................................................................................................................... 6.10 Taxes .................................................................................................................................................................. 22 22 6.11 Use of Site and Other Areas .............................................................................................................................. 22 6.13 Safety and Protection .................................................................................................:...................................... 23 6.14 Safety Representative .................................................................................:...................................................... 23 6.15 Hazard Communication Programs .................................................................................................................... 23 6.16 Emergencies .............:........................................................................................................................................ 24 6.17 Shop Drawings and Samples ............................................................................................................................ 24 6.18 Continuing the Work ......................................................................................................................................... 25 6.19 CONTRACTOR 's General Warranty and Guarantee ...................................................................................... 25 6.201ndemnifcation ................................................................................................................................:................. 25 ARTICLE 7 -OTHER WORK ....................................................................................................................................................... 26 7.01 Related Work at Site ..................................:....................................................................................................... 7 02 Coordination 26 26 . ..................................................................................................................................................... ARTICLE 8 -OWNER'S RESPONSIBILITIES ........................................................................................................................... 27 8.01 Communications to Contractor ........................................................................................................................ 27 8.02 Replacement ofENGINEER ............................................................................................................................. 27 8.03 Furnish Data ..................................................................................................................................................... 27 8.04 Pay Promptly When Due ................................................................................................................................... 8.05 Lands and Easements; Reports and Tests ..:..................................................................................................... 27 27 8.06 Insurance ........................................................:.................................................................................................. 27 8.07 Change Orders ........:......................................................................................................................................... 8.08 Inspections. Tests, and Approvals ..................................................................................................................... 27 27 8.09 Limitations on OWNER 's Responsibilities ...............................................................:....................................... 27 8.10 Undisclosed Hazardous Environmental Condition .......................................................................................... 27 8.11 Evidence of Financial Arrangements ..........................................:....................................................................27 ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION ........................................................................................ 27 9.O10WNER'SRepresentative ..............................................................................................:............................:..... 27 9.02 Visits to Site ....................................................................................................................................................... 27 9.03 Project Representative ...................................................................................................................................... 28 9.04 Clarifcations and Interpretations .................................................................................................................... 9.05 Authorized Variations in Work ......................................................................................................................... 28 28 ' 9.06 Rejecting Defective Work ..............................................................................................:................................... 28 9.07 Shop Drawings. Change Orders and Payments ............................................................................................... 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work ............................................ 28 29 9.10 Limitations on ENGINEER 's Authority and Responsibilities .......................................................................... 29 ARTICLE 10 -CHANGES IN THE WORK; CLAIMS ............................................................................................................... 29 10.01 Authorized Changes in the Work .............................................................................................••-----................ 29 10.02 Unauthorized Changes in the Work .............................................................................:.................................. 29 10.03 Execution of Change Orders ........................................................................................................................... 29 10.04 Notification to Surety ...................................................................................................................................... 30 10.05 Claims and Disputes ....................................................................................................................................... 30 ARTICLE 11 -COST OF THE WORK; CASH ALLOWANCES; UNTT PRICE WORK ......................................................... 30 11.01 Cost of the Work ......................................................................................................................................:....... 30 11.02 Cash Allowances ............................................................................................................................................. 32 11.03 Unit Price Work ..........................................................g................................................................................... 32 , s u fl ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .......................................................33 12.01 Change of Contract Price ................................................................................................._............................33 12.02 Change of Contract Times ..............................................................................................................................34 12.03 Delays Beyond CONTRACTOR'S Control .....................................................................................................34 12.04 Delays Within CONTRACTOR 's Control ................................................................:.....................................34 12.06 Delay Damages ..........................................................................................:....................................................34 ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ........................................................................:..............................................................................................34 13.01 Notice ojDefects .............................................................................................................................................34 13.02 Access to Work ................................................................................................................................................34 13.03 Tests and Inspections ........:...................................................................:.........................................................34 13.04 Uncovering Work ............................................................................................................................................35 13.05 OWNER May Stop the Work ..:........................................................................................:...............................35 13.06 Correction or Removal of Defective Work .....................................................................................................35 13.07 Correction Period .....................................................................................................................................:.....36 13.08 Acceptance of Defective Work ........................................................................................................................36 13.09 OWNER May Correct Defective Work ............................................................:..............................................36 ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION .......................................,..........................................37 14.01 Schedule of Values ..........................................................................................................................................37 14.02 Progress Payments .......................................:..:...............................................................................................37 14.03 CONTRACTOR'S Warranty of Title ...............................................................................................................38 14.04 Substantial Completion ...................................................................................................................................39 14.05 Partial Utilization ...........................................................................................................................................39 14.06 Final Inspection ...............................................................................................................................................39 14.07 Final Payment .......................................................................:.................................:......................................40 14.09 Waiver of Claims .............................................................................................................................................40 ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION ............................................................................................41 15.01 OWNER May Suspend Work .........................................................................................................................41 15.02 OWNER May Terminate jor Cause ...................................................:............................................................41 15.03 OWNER May Terminate For Convenience ....................................................................................................41 15.04 CONTRACTOR May Stop Work or Terminate .......................................:......................................................42 ARTICLE 16 -DISPUTE RESOLUTION ..........................................................................:..........................................................42 16.01 Methods and Procedures ................................................................:...............................................................42 ARTICLE 17 -MISCELLANEOUS ..............................................................................................................................................42 1 1 17.01 Giving Notice .........................................................................................................:.........................................42 17.02 Computation ojTimes .....................................................................................................................................42 17.03 Cumulative Remedies ......................................................................................................................................42 17.04 Survival of Obligations ...................................................................................................................................42 l 7.05 Controlling Law ..............................................................................................................................................42 -5- GENERAL CONDITIONS ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms 10. Claim--A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement--The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment-The form acceptable to ENGINEER which is to be used by CONTRACTOR. . during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is fiiable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid--The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (includ- ing all Addenda issued prior to receipt of Bids). 7. Bidding Requirements-The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds--Performance and payment bonds and other instruments of security. 9. Change Order-A document recommended by ENGINEER which is signed by CONTRACTOR and OWN- ER 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. 11. Contract--The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents--The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR'S Bid (including documenta- tion accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER'S written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price-The moneys payable by OWN- ER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times-The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER'S written recommendation of fmal payment. 15. CONTRACTOR-The individual or entity with whom OWNER has entered into .the Agreement. 16. Cost of the Work-See paragraph L 1.O1.A for definition. I' fl 1 ~~ 17. Drawings--That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER--The individual or entity named as such in the Agreement. 20. ENGINEER'S Consultant--An individual or entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 21. Field Order--A written order issued by ENGI- NEER which requires minor changes in the Work but which does not involve a change in the Contract Price or -the Contract Times. 22. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 23. Hazardous Environmental Condition-The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulations-- Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone--A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work. -7- 28. Notice of Award--The written notice by OWN- ER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed--A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER--The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization-Use by OWNER of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs--Polychlorinated biphenyls. 33. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standazd conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oi] sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 34. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual--The bound documentary information prepazed for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or.more volumes, is contained in the table(s) of contents. 36. Radioactive Material-Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative-The autho- rized representative of ENGINEER who may be assigned to the Site or any part thereof. 38. Samples-Physical examples of materials, equipment, or workmanship that aze representative of some portion of the Work and which establish the standazds by which such portion of the Work will be judged. I~ 39. Shop Drawings--All drawings, diagrams, illustrations, schedules, and other data or information. which are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site--Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of--way and easements for access thereto, and such other lands famished by OWNER which are designated for the use of CONTRACTOR. 41. Specifications--That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor--An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions-That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier--A manufacturer, fabricator, supplier, distributor, materiahnan, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to fiumish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities-All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work--Work to be paid for on the basis of unit prices. -8- 48. Work--The entire completed construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and famishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive-A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a -subse- quently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50. Written Amendment--A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Documents. 1.02 Terminology A. Intent of Certain Terms or Adjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or temvs of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of -like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1 t/' 1 1 1 t 1 r1 J 1 1 i; 1. The word "day" shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the require- ments of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recom- mendation of final payment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 1. The word "furnish," when used in connec- tion with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install," when used in connec- tion with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When "famish," "install," "perfoml," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Documents, words or phrases which have awell-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. -9- ARTICLE 2 -PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to fiunish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or; if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRACTOR'S Review of Contract Documents: Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to. the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (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 Article 5. 2.06 Preconstruction Conference A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.OS.B, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Docu- ments, at least ten days before submission of the first Application for Payment a conference attended by CON- TRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with paragraph 2.05.8. CONTRACTOR 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 acceptable schedules are submitted to ENGINEER. -10- 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Mile- stones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR'S full respon- sibility therefor. 2. CONTRACTOR'S schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 1 3. CONTRACTOR'S schedule of values will be acceptable to ENGINEER as to form and substance ' if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all: B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services; materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Regulations n Codes, Laws, and , 1. Reference to standards, specifications, manuals, or codes of any technical society, organiza- tion, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if 1 r~ 1 ~ .a~ 1 1 i 1 there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consul- tants, agents, or employees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER'S Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambi- guity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the perfor- mance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to~ ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambiguity, or discrepancy unless CON- TRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies I. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepan- cy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a .Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER'S approval of a Shop Drawing or Sample; or (iii) ENGINEER'S written interpreta- tion or clarification. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or fiumishing any of the Work under a duect or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER'S Consultant, .including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adoption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing .herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability ojLandS A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Wock OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current- statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests- of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Contract Docu- ments; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGINEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized.• CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or infor- mation. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled ' to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEL~R's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, detemune the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR'S cost of, or time required for, performance of the Work; subject, however, to the following: 1 -12- ' a. such condition must meet an one or more Y of the categories described in paragraph 4.03.A; ' and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price ' will be subject to the provisions of paragraphs 9.08 and 11.03. ' 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of ' Contract Price and Contract Times by the submis- sion of a Bid or becoming bound under a negotiat- ed contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, explo- ' ration, 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 commit;,rent; or c. CONTRACTOR failed to give the written ' notice within the time and as required by pars- graph 4.03.A. ' 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made ' therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER'S Consultants shall not be liable to CONTRACTOR for any claims, costs, losses; or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to ' existing Underground Facilities at or contiguous to the Site is based on information and data fiunished to OWNER or ENGINEER by the owners of such Underground Facilities, ' including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: -13- 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: a. reviewing and checking all such informa- tion and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy- in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGI- NEER will-promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location- of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price of Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times; OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER'S judgment are necessary to enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was-not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CON- TRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immedi- ately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGINEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardo-~:s Environmental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER'S Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR'S purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any -14- E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER'S own forces or others in accordance with Article 7. 1 i 1 1 G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this para- graph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER'S Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or azbitratior. or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.F shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site.. ARTICLE 5 -BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds A. CONTRACTOR shall famish performance and payment Bonds, each in an amount of least equal to the Conhact Price as security for the faithfal_perforTnance and payment of all CONTRACTOR'S obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Contract Documents. i -15- B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as aze named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond famished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph S.O1.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs S.O1.B and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that aze duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain. 5.04 CONTRACTOR'S Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR'S performance of the Work and CONTRACTOR'S other obligations under the Contact Documents, whether it is to be performed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR'S employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR'S employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by para- graphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclu- sion in respect of professional liability) OWNER, ENGINEER, ENGINEER'S Consultants, and any other individuals or entities identified in the Supple- mentary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater, -16- 3. include completed operations insurance; t 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.07, 6.11, and 6.20; ' 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days , prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the ' certificates of insurance famished by the CONTRAC- TOR pursuant to paragraph 5.03 will so provide); ' 6. remain in effect at least until final payment and at all times thereafter when CONTRACTOR-may be correcting, removing, or replacing defective Work in accordance. with paragraph 13.07; and , 7. with respect to completed operations insur- ance, and any insurance coverage written on a claims- ' made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall fiunish OWNER and each other additional insured identified ' in the Supplementary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at fmal payment and one year thereafter). 5.05 OWNER 's Liability Insurance A. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.04, OWNER, at OWNER'S option,. may purchase and maintain at OWNER'S ' expense OWNER'S own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. ' 5.06 Property Insurance A. Unless otherwise provided in the Supplementary. ' Conditions, OWNER shall purchase and maintain property insurance 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 Laws and Regulations). This insurance shall: 1. include the interests of OWNER, CON- ' TRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultants, and any other individuals or entities identified in the Supplementary Conditions, ' and the officers, directors, partrters, employees, agents, and other consultants and subcontractors of be canceled or materially changed or renewal refused until at ' each and any of them, each of whom is deemed to least 30 days prior written notice has been given to OWNER have an insurable interest and shall be listed as an and CONTRACTOR and to each other additional insured to additional insured; whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. 2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance -for physical loss or ' damage to the Work, temporary buildings, false work, and materials and- equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandal- ' ism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by en- forcement of Laws and Regulations, water damage, ' and such other perils or causes of loss as may be specifically required by the Supplementary Conditions; ~i 1 1 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and archi- tects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until fmal payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. B. 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 individuals 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. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased- and maintained in accordance with paragraph 5.06 will contain a provision or endorsement that the coverage afforded will not -17- D. OWNER shall not be responsible for purchasing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any deductible- amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, OWNER shall, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the Site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.06 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, .ENGINEER'S Consultants, and all other individuals or entities identified in the Supplementary Condi- tions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for all losses and damages caused by, arising out of or resulting from any of the perils or causes of loss 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 individuals or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) 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. -18- such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached,- OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for the proper performance of such duties. B. OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for: 1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct physical 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 2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from fire or other insured peril. or cause of loss covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.05, after Substan- tial Completion pursuant to paragraph 14.04, or after final payment pursuant to paragraph 14.07. C. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in paragraph 5.07.B shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against CONTRACTOR, Subcontractors, ENGINEER, or ENGINEER'S Consultants and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.08 Receipt and Application oflnsurance Proceeds A. Any insured loss under -the policies of insurance required by paragraph 5.06 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph S.O8.B. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. B. "OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within 15 days after the occurrence of loss to OWNER'S exercise of this power. If 1 5.09 Acceptance of Bonds and Insurance; Option to ' Replace A. If either OWNER or CONTRACTOR has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within 10 days after receipt of the certificates (or other evidence requested) required by paragraph 2.OS.C. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or intnrance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property t Insurer A. If OWNER fmds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorse- ment on the policy or policies, but. the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence 1 t r t e s 1 1 i I 1 1 u A 1 A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superin- tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR'S representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. 6.02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, ]ay out, and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and CONTRACTOR will not permit overtime. work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER'S written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. -19- B. All materials and equipment incorporated into- the Work shall be as specified or, if not specified,- shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall famish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Docu- ments. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to ENGI- NEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provi- sions of the General Requirements applicdble thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amend- ment in accordance with Article 12. 6.05 Substitutes and "Or-Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Uriless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circum- stances described below. 1. "Or-Equal "Items: If in ENGINEER'S sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by t ENGINEER as an "or-equal" item, in which case review and approval of the proposed item may, in ENGINEER'S sole discretion, be accomplished without compliance with some or al] of the require- ments for approval of proposed substitute items. For the purposes of this paragraph 6.OS.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. Substitute Items a. If in ENGINEER'S sole discretion an item of material or equipment proposed by CON- TRACTOR does not qualify as an "or-equal" item under paragraph 6.OS.A.1, it will be considered a proposed substitute item. b. CONTRACTOR shall submit sufficient information as provided below to allow ENGI- NEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CON- TRACTOR c. The procedure for review by ENGINEER will be as set forth in paragraph 6.OS.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d. CONTRACTOR shall first make written application to ENGINEER for review- of a proposed substitute item of material or equipment that CONTRACTOR seeks to fiirnish or use. The application shall certify that the proposed substi- tute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. -20- The application will state the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR'S achievement of ~' Substantial Completion on time, whether or not use of the proposed substitute item in the Work will require a change in any of the Contract Docu- ments (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the ~;~ ~ proposed substitute item in connection with the ( Work is subject to payment of any license fee or royalty. All variations of the proposed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated. The application will also contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute item. ENGINEER may require CON- TRACTOR to furnish additional data about the proposed substitute item. B. Substitute Construction Methods or procedures: If ~I 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 approved by ENGI- NEER CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER'S sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The proce- dure for review by ENGINEER will be similar to that provided in subparagraph 6.OS.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.OS.A and 6.OS.B. ENGINEER will be the sole judge of accept- ability. No "or-equal" or substitute will be ordered, installed ~~ or utilized until ENGINEER'S review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CONTRACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CON- TRACTOR to furnish at CONTRACTOR'S expense a special performance guarantee or other surety with respect to any substitute. 1 t E 1 1 1 r 1 E. ENGINEER'S Cost Reimbursement: ENGINEER will record time required by ENGINEER and ENGINEER'S Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.OS.A.2 and 6.OS.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER'S Consultants for evaluating each such proposed substitute. F. CONTRACTOR'S Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or-equal" at CONTRACTOR'S expense. 6.06 Concerning Subcontractors, Suppliers, and Others A. CONTRACTOR shall not employ any Subcon- tractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a replacement, against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other individual or entity to famish or perform any of the Work against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER'S acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after -due investigation. CON- TRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the difference in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR'S own acts and omissions. Nothing in the Contract Documents shall -21- create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcon- tractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with ENGI- NEER through CONTRACTOR. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier- which specifically binds the- Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER'S Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER'S Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits A. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay alt governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR'S compliance with any Laws or Regulations. B. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, azchitects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR'S primary -22- responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR'S obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, arid other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other azeas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such- land or area, or to the owner or occupant thereof, or of any adjacent land or azeas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER'S Consultant, and the officers, directors, parhlers, 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, azchitects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any 1 0 1 1 a r t t N EJ 1 1 6 r r 1 1 t 1 t t 1 such -owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit -any part of any structure to be loaded in any manner that will endanger the structure, nor shall- CONTRACTOR subject any part of the Work or adjacent . property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and -23- 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,. pave- ments, roadways, structures, utilities, and Under- ground Facilities not designated for removal, reloca- tion, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, drrectly or indirectly, in whole or in part, by CON- TRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity drrectly 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 paragraph 14.07.B .that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordi- nating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. a. all field measurements uantities dimen- .q , sions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. al] materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of ` the Work; ;~ c. all information relative to means, methods, techniques, sequences, and procedures of construc- tion and safety precautions and programs incident thereto; and 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimen- sions, specified performance and design criteria, materials, and similar data to show ENGINEER the services, materials, and' equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related Work performed prior to ENGINEER'S review and approval of the pertinent submittal will be at the sole exp_ ense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR .shall have determined and verified: d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stain ors ecif- P P is written indication that CONTRACTOR has satis- fied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR'S review and approval of that submittal. 3. At the time of each submittal, CONTRAC- TOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGI- NEER for review and approval of each such variation. E. ENGINEER'S Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER ENGINEER'S review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, 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. 2. ENGINEER'S review and approval will not ;~ extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by -24- 1 the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER'S review and approval of Shop Drawings or Samples shall not relieve CON- TRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER'S attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1 1 1 1 1. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.18 Continuing the Work A. ,CONTRACTOR shall carry on the Wark and adhere to the progress schedule during all disputes or disagreements with OWNER No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR'S General Warranty and Guaran- tee A. CONTRACTOR warrants and guarantees to G VVNER, ENGINEER, and ENGINEER'S Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR'S warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper main- tenance or operation by persons other than CON- TRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 1 normal wear and tear under normal usage B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR'S obligation to perform the Work in accordance with the Contract Documents: observations by ENGINEER; 2. recommendation by ENGINEER or pay- ment by OWNER of any progress or final payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Draw- ing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; any inspection, test, or approval by others; ER or 8. any correction of defective Work by OWN- 6.20 Indemnff cation A. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER'S Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), includ- ing the loss of use resulting therefrom; and 2. is caused in whole or in part by any negli- gent act or omission of CONTRACTOR, any Sub- contractor, any Supplier, or any individual or entity -25- 1 directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. .The indemnification obligations of CONTRACTOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CON- TRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. ARTICLE 7 -OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER'S employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and C. If the proper execution or results of any part of CONTRACTOR'S Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR'S -Work. CONTRACTOR'S failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR'S Work except for latent defects and deficiencies in such other work. 7.02 Coordination 1 1 A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such ~_ authority and responsibility will be itemized; and -26- i 1 1 1 t t 1 1 '! 3. the extent of such authority and responsi- bilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and respon- sibility for such coordination. ARTICLE 8 -OWNER'S RESPONSIBILITIES S.O1 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER shall issue all communications to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly fi:inish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. OWNER'S duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER'S identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER'S responsibilities, if any, in respect to pur- chasing and maintaining 1sability and property insurance are set forth in Article 5. 8.07 Change Orders -27- A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER 's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR'S means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CON- TRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER'S responsibility in respect to an undis- closed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to famish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER'S obligations under the Contract Documents, OWNER'S responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 -ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER'S representative during the construction period. The duties and responsi- bilities and the limitations of authority of ENGINEER as OWNER'S representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress i that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER'S efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER'S visits and observations are subject to all the limitations on ENGINEER'S authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER'S visits or observations of CONTRACTOR'S Work ENGINEER will not supervise,- direct, control, or have authority over or be responsible for CONTRACTOR'S means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9,10 and in the Supplementary Conditions. If OWNER designates another representative or agent to represent OWNER at the Site who is not ENGINEER'S Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supple- mentary Conditions. 9.04 Ciarifrcations and Interpretations A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents as ENGINEER may deter- mine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, aClaim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved promptly. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER'S authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER'S authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER'S authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR ENGINEER will review with CON- TRACTOR the ENGINEER'S preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER'S written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. 1 t 1 t 1 1 s -28- 1 t [l 1 1 1 1 t 9.09 Decisions on Requirements ojContract Documents and Acceptability of Work A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 Limitations on ENGINEER'S Authority and Responsibilities A.' Neither ENGINEER'S authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any- decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR'S means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR'S failure to perform the Work in accordance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any -29- Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER'S review of the final Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests- and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER'S Consultants, Resident Project Representative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 -Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contact Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emer- gency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution ojChange Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGINEER (or Written Arrtendments) covering: ri 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.O1.A, (ii) re- quired because of acceptance of defective Work under paragraph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to para- graph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regula- tions, but during any such appeal, CONTRACTOR shall cant' on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.O1.B. A Claim_ for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accom- panied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing parry shall submit any response ' to ENGINEER and the -30- claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER 's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or .the last submittal of the opposing party, if any. ENGINEER'S written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER'S decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER'S written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a fonun of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the- time stated in paragraph 10.O5.B, a decision denying the Claim in its entirety shall be deemed to have been issued 31-days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 -COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CON- TRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to ~'ONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because 1 1 i 1 r s :J I A r i 1 fl of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superinten- dents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fiinge benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of regular working hours, on Saturday; Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 2. Cost of all materials and equipment fur- nished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade dis- counts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRAC- TOR shall obtain competitive bids from subcontrac- tors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the - Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR'S Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laborato- ties, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a.The proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR'S employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of CON- TRACTOR. c. Rentals of all construction equipment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal there- of. All such costs shall be in accordance with the terms :,f said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRAC- TOR is liable; imposed by Laws and Regulations. e . Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indrrectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER No such losses, damages, and -31- a expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR'S fee. g, The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents to purchase and maintain. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.O1.A and 11.O1.B. C. CONTRACTOR'S Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR'S fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR'S fee shall be determined as set forth in paragraph 12.OI.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.O1.A and 11.O1.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. B. Costs Excluded.• The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnerships and sole proprietorships), general manag- ers, engineers, architects, estimators, attorneys, audi- tors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR'S principal or branch office for general administration of the Work and not specifical- ly included in the agreed upon schedule of job classifications referred to in paragraph 11.O1.A.1 or specifically covered by paragraph 11.O1.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR'S fee. 2. Expenses of CONTRACTOR'S principal and branch offices other than CONTRACTOR'S office at the Site. 3. Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CONTRAC- TOR, any Subcontractor, or anyorie directly or indi- rectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. -32- 11.02 Cash Allowances A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CON- TRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR'S costs for unloading and - handling on the Site, labor, installation costs, over- head, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for addi- tional payment on account of any of the foregoing will be valid. B. Prior to fmal payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the i u 1 estimated quantity of each item as indicated in the Agree- ment. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR'S overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accordance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense • or OWNER believes that OWNER is entitled to a I~ decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 -CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 1 - 33 - 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.O1.C.2); or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under para- graph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR'S fee for overhead and profit (deter- mined as provided in paragraph 12.O1.C). C. CONTRACTOR'S Fee.• The CONTRACTOR'S fee - for overhead and profit shall be determined as follows: a mutually acceptable-fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under paragraphs 11.O1.A.1 and 11.O1.A.2, the CONTRACTOR'S fee shall be 15 percent; b. for costs incurred under paragraph 11.O1.A.3, the CONTRACTOR'S fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.O1.C.2.a is that -the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.O1.A.1 and 11.O1.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under paragraphs 11.O1.A.4, 11.O1.A.5, and 11.O1.B; e. the amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and ~~ f. when both additions and credits are in- volved in any one change, the adjustment in CONTRACTOR'S fee shall be computed on the basis of the net change in accordance with para- graphs 12.O1.C.2.a through 12.O1.C.2.e, inclusive. 12.02 Change of Contract Times A: The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. -34- 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization,. or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CONTRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR'S Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors perform- ing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR 's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR 12.05 Delays Beyond OWNER 's -and CONTRACTOR 's Control A. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR'S sole and exclusive remedy for such delay. B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. 1 ARTICLE 13 -TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANC)/ OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and personnel of OWNER, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR'S Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. n 1 t it u B. OWNER shall em to and a for the services of an P Y PY independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by paragraphs 13.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B shall be paid as provided in said paragraph 13.04.B; and 3. as otherwise specifically provided in the Contract Documents. 1 C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER'S and ENGINEER'S acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR'S purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR'S expense unless CON- TRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGI- NEER has not acted with reasonable promptness in response to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER'S observation and replaced at CONTRACTOR'S expense. -35- B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER'S request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR -shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attribut- able to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 13.05 OWNER May Stop-the Work A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CONTRACTOR to stop the Work, or any portidlt thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall convect all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGINEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). a 13.07 Correction Period A. If within one year after the date of Substantial Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER'S written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfac- torily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas 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 defective Work corrected or repaired or may have the rejected Work removed -and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR'S obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring convection or removal and replacement of defective Work, ~ OWNER (and, prior to -36- ENGINEER's recommendation of final payment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER'S recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, anappropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective .and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR'S services related thereto, take possession of CONTRACTOR'S tools, appliances, con- struction equipment and machinery at the Site, and incorpo- rate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER'S representatives, agents and employees, OWNER'S other contractors, and ENGINEER and ENGIlVEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including but not limited to ail fees and charges of engineers, architects, attorneys, and other professionals and all court or arbihation or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CONTRACTOR, t 1 1 t 7 t and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR'S defective Work. D. CONTRACTOR shall not be allowed an .extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER'S rights and remedies under this paragraph 13.09. ARTICLE 14 -PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provided in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments 1 A. Applications for Payments 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other docu- mentation warrarrting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER'S interest therein, all ofwhich must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application .shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR'S legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER'S reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER'S recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWN- ER, based on ENGINEER'S observations on the Site of the executed Work as an experienced and qualified design professional and on ENGINEER'S review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER'S knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a fmal determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. the conditions precedent to CONTRACTOR'S being entitled to such payment appear to have been fiilfilled in so far as it is ENGINEER'S responsibility to observe the Work. 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed -37- r~ inspections of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents; or (ii) that there may not be other matters or issues between the parties that might entitle CON- TRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRAC- TOR. 4. Neither ENGINEER'S review of CONTRACTOR'S Work for the purposes of recom- mending payments nor ENGINEER'S recommenda- tion of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR'S failure to comply with Laws and Regulations applicable to CONTRACTOR'S performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to . OWNER free and clear of any Liens. 5. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER'S opinion, it would be incorrect to make the representa- tions to OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER'S opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER has actual- knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A. I. Ten days after presentation of the Applica- tion for Payment to OWNER with ENGINEER'S recommendation, the amount recommended will (subject to the provisions of paragraph 14.02.D} become due, and when due will be paid by OWNER to CONTRACTOR. ! D. Reduction in Payment I. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR'S performance or furnishing of the Work; ' b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWNER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.B.S.a through 14.02.B.S.c or paragraph 15.02.A. i, 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER'S satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER'S refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRACTOR'S Warranty of Title A. CONTRACTOR warrants and guatarrtees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment C. Payment Becomes Due -38- free and clear of all Liens. 1 t i] 1 1 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER'S objections, ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Comple- tion ENGINEER will deliver to OWNER and CONTRAC- TOR awritten recommendation as to division of responsibili- ties pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER'S issuing the definitive certificate of Substantial Completion, ENGINEER'S aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, .but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. -39- 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR'S performance of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGI- NEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certifi- cate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substan- tially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons there- for. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Finallnspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are t necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Docu- ments, all maintenance and operating instructions, schedules, guarantees, Bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in paragraph 6.12), and other documents, . CONTRAC- TOR may make application for final payment follow- ing the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for. in the Contract Docu- ments, including but not limited to the evidence of insurance required by subparagraph 5.04.B.7; (ii) con- sent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may famish 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 famish such a release or receipt in full, CONTRACTOR may famish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. B. Review of Application and Acceptance 1. If, on the basis of ENGINEER'S observa- tion of the Work during construction, and final inspec- tion, and ENGINEER'S review of the final Applica- tion 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 Con- tract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application -40- for Payment, indicate in writing ENGINEER'S recommendation of payment and present -the Applica- tion for Payment to OWNER for payment. 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 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTR.~CTOR, indicat- ing in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 1. Thirty days after the presentation to OWN- ER ofthe Application for Payment and accompanying documentation, the amount recommended by ENGI- NEER will become due and, when. due, will be paid by OWNER to CONTRACTOR. 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR'S final. Application -for Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the, remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CON- TRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR'S continuing obligations under the Contract Documents; and 1 1 1 r fl L~ 1 1 1 2. a waiver of all Claims by CONTRACTOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CON- TRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim therefor as provided in paragraph 10.05. 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTCR's persistent failure to perform the Work in accordance with the Contract Documents (including, 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 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR'S disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR'S disregard of the author- ity of ENGINEER; or 4. CONTRACTOR'S violation in any substantial way of any provisions of 'the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude- CONTRACTOR fi-om 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 materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are -41 - stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees. and charges of engineers, .arch-itects, attomeys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CONTRACTOR and ENGINEER, OWNER may; without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work execut- ed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and fur- nishing labor, 'materials, or equipment as required by the Contract Documents in connection with uncom- pleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for _ reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTIACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR'S stopping the Work as permitted by this paragraph. ARTICLE l7 -MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection .with each particular duty, obligation, right, and remedy to which they apply. 1 t t [1 f] ARTICLE 16 -DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CON- TRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 17.04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law 1 n A. This Contract is to be governed by the law of the state in which the Project is located. i -42- , SUPPLEMENTARY CONDITI N O S TO THE GENERAL CONDITIONS The following supplements modify, change from, or add to the "Standard General Conditions of the Construction Contract", EJCDC 1910-8, (1996 edition). All unaltered provisions of the General Conditions shall remain in effect. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 A.28. NOTICE OF AWARD AND 1.01 A.29 NOTICE TO PROCEED -.Add the following to each definition: If requested by the OWNER, both the Notice of Award and Notice to Proceed will be issued by the ENGINEER. 1.01 A.43. SUBSTANTIAL COMPLETION - Add the following to its definition: Substantial Completion of work shall be evidenced by submittal and approval of record keeping information on the meter change outs, complete installation and testing of meters and appurtenances for the year of work authorized and having the work areas restored. In general, substantial completion is defined by the ability of the Owner to use all features of the new facilities for their intended use, as defined by the Engineer. ARTICLE 2 - PRELIMINARY MATTERS 2.02 COPIES OF DOCUMENTS: Delete in its entirety and substitute the following: All copies of documents necessary for the execution of the Work will be furnished to the CONTRACTOR at the Engineer's normal rate for reproduction. The CONTRACTOR shall bear all costs for the documents requested. Only full sets of plans and specifications will be issued. Documents will not be made available to the Contractor electronically. 2.03 COMMENCEMENT OF CONTRACT TIMES; NOTICE TO PROCEED: Delete in its entiret and sub tit h f 1 w' y s ute t o of o ing: The date of commencement of the Work is the date established in a Notice to Proceed. If there is no Notice to Proceed, it shall be the date of the OWNER-CONTRACTOR Agreement or such other date as may be established therein. SGC-1 o2-io6 2.05 BEFORE STARTING CONSTRUCTION: Add the following to Section 2.05 A.: Failure to report a conflict, error, ambiguity or discrepancy shall be deemed as evidence that the CONTRACTOR has elected to proceed in the more expensive manner and shall expose the CONTRACTOR for all costs associated with, or caused by, the conflict, error, ambiguity or discrepancy. Add the following to Section 2.05: D. The CONTRACTOR shall perform no portion of the work at any time without Contract Documents- or, where required, approved shop drawings or Product Data for such portion of the Work. E. By executing the Contract, the CONTRACTOR represents that he has visited the site, reviewed available plans of existing facilities, familiarized himself with the local conditions under which the Work is to be performed, and correlated his observations ' with the requirements of the Contract Documents. Add the following to Section 2.05 B.3.: The schedule of values shall be broken down in sufficient detail, and by appropriate categories, to allow the proper distribution of project costs and is subject to acceptance by the ENGINEER. An extremely detailed schedule will be required. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Add the following to Section 3.01: D. Failure to report a conflict, error, ambiguity or discrepancy shall be deemed as evidence that the CONTRACTOR has elected to proceed in the more expensive manner. If, during the performance of the Work, the CONTRACTOR finds an error or discrepancy between the specifications and the drawings, the specifications shall govern over the drawings. If the drawings disagree in themselves, figures shall govern over scaled measurements, large scale drawings shall govern over small scale drawings, the greater quantity of work or materials shall be furnished or performed; descriptive writings shall govern over legends indicating material or conditions and the Agreement takes precedence over all other contract documents. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCED POINTS: Section 4.02 A.1. Delete in its entirety. The CONTRACTOR shall have full responsibility with respect to determining subsurface conditions at the site. SGC-2 02-106 1 A dd the following to Section 4.02 B.: 4.02 B.4. any technical data which has not been confirmed by the CONTRACTOR with the OWNER and ENGINEER to be a reasonable representation of accurate and authentic record information. ~ Delete Section 4.04 B. and insert the following: Existing utilities and structures are shown on the drawings in ~~ accordance with Section 01019, General Requirements, Paragraph 1.01. ARTICLE 5 - BONDS AND INSURANCE 5.01 A. PERFORMANCE, PAYMENT AND OTHER BONDS: Delete the first sentence and substitute the following: CONTRACTOR shall furnish performance and payment bonds, each in an amount equal to 1000 of the Contract Price as security for the faithful performance and payment of all CONTRACTOR'S obligations under the Contract documents. The bonds shall comply with the requirements of Florida Statutes Section 255.05. All bonds shall be supplied on the forms provided in the bid documents. 5.01 B. Add the following: The CONTRACTOR shall record all performance and payment bonds in the County where the work is to be performed and provide evidence of such recording to the ENGINEER. No work shall be performed until this requirement is satisfied. 5.04 CONTRACTOR'S LIABILITY INSURANCE: Add the following: C. The limits of liability for the insurance required by Paragraph 5.04 shall provide coverage-for not less than the following amounts. 1. Workers' Compensation: a. State Statutory b. Applicable Federal (e.g. Longshoreman's) Statutory c. Employer's Liability $ 100,000 2. Commercial General Liability: (Including Premises & Operations: All Risk Owners & Contractor's Protective; Broad Form Property Damage) SGC-3 02-106 1 ' a. Bodil In ur & Pro ert Dama e: Y J Y P Y 9 Each Occurrence $1,000,000 Aggregate $2,000,000, Product's & Completed Operations Aggregate $2,000,-000 b. Personal Injury: $2,000,000 ~~ c. CU coverage, remove exclusion (yes) l ~~ d. Contractua (yes) 3. Comprehensive Automobile Liability: (owner-leased-non-owned & hired) a. Bodily Injury & Property Damage: Each Occurrence $1,000,000 (or) b. Bodily Injury: Each Person $1,000,000 Each Occurrence $1,000,000 P t D amage: roper y Each Occurrence $1,000,000 D. Additional liability coverage for OWNER and ENGINEER shall be ' provided by endorsement as additional insured on CONTRACTOR s General Liability Policy. Add the following names: OWNER - Village of Tequesta 250 Tequesta Drive Suite 300 Tequesta, FL 33469 ENGINEER - Reese, Macon and Associates, Inc. and their employees 6415 Lake Worth Road, Suite 307 Lake Worth, Florida 33463-2907 The additional liability coverage for the ENGINEER is not to be construed as to requiring, in any way, that either the OWNER or CONTRACTOR be obligated to supply insurance protecting the ENGINEER for its liability emanating from professional errors or omissions. SGC-4 02-106 1 E. In conformance with the requirements of Section 725.06, Florida Statutes, the specific considerations for the CONTRACTOR'S promises are: 1. One dollar ($1.00) in hand paid by the OWNER, the ENGINEER, and the ENGINEER'S employees to the CONTRACTOR, receipt whereof is hereby acknowledged and the adequacy of which the CONTRACTOR accepts as completely fulfilling the obligations of the OWNER, the ENGINEER, and the ENGINEER's employees under the requirements of Section 725.06, Florida Statutes, and; 2. The entry of the OWNER and the CONTRACTOR into the construction contract because, but for the CONTRACTOR'S promises as contained in the General Conditions, the OWNER would not have entered into the construction contract with the CONTRACTOR. EJ 1 5.06 PROPERTY INSURANCE: Delete 5.06 A in its entirety and insert the following: A. Unless otherwise provided in these Supplementary General Conditions, the Contractor shall purchase and maintain property insurance upon the Work and stored material on the site at the full insurable value thereof (subject to such deductible amounts as may be provided in these Supplementary General Conditions or as required by law). This insurance shall include the interests of the Owner, Contractor and Subcontractors in the Work, shall insure against the perils and extended coverage, shall include "all risk" insurance for physical loss and damage including theft, damage and malicious mischief, collapse and water. damage, and such other perils as may be provided in these Supplementary General Conditions, and shall include damages, losses and expenses arising out of, or resulting from, any insured loss or any loss incurred in the repair or replacement of any insured property (including fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all risk" insurance or otherwise provided in these Supplementary General Conditions, the Contractor shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by the Contractor in accordance with paragraphs 5.06 A and 5.06 B shall contain a provision that the coverage afforded will not be canceled or~materially changed until at least thirty day's prior written notice has been given to the Owner. ARTICLE 6 - CONTRACTORS RESPONSIBILITIES Add the following to Section 6.01 A.: SGC-5 02-106 The Contract Documents are intended to communicate the nature of the design, concept and scope of the Work. The CONTRACTOR shall be responsible for the construction and coordination of the parts and all systems shall be complete, compatible and fully functional without additional cost, to the standard of the industry, as defined by the ENGINEER, or better, as may be set forth in these documents. In the event that an agent or other representative of the OWNER approves the installation or erection of any item of material and the CONTRACTOR concludes the same is not fabricated in a good, workman-like manner, the CONTRACTOR shall forthwith advise the OWNER and ENGINEER thereof in writing. Delete the last sentence prior to subheading "A" in Section 6.05 A.1. and replace with the following: For purposes of this paragraph 6.05 A.1, a proposed item of material or equipment may be considered functionally equal to an item if: Add the following to Section 6.05 A.1.: In general, "or equal" items will not be considered unless the drawings or specifications specifically state, "or equal" in the description of the particular item of equipment or material. Add the following to Section 6.05 A.2.c.: Any requests for the use of substitute items shall be made within 30 days of the effective date of the Agreement. The substitution procedure shall be as set forth in Section 01019, General Requirements. Section 01019, General Requirements may also further limit the items for which substitutions will be considered. For any provisions of Section 01019, General Requirements, related to substitutions which are in conflict with Section 6.05 A.2.d., the ' criteria set forth in Section 01019 General Requirements, shall take precedence. Delete Section 6.05 B. in its entirety. Add the following to Section 6.06 B.: Subcontractors named on the proposal form shall not be changed by the CONTRACTOR unless specifically requested per the above by the OWNER or ENGINEER. Any subcontractor change prior to award shall follow the procedure-set forth in the Instructions to Bidders. Add the following to Section 6.08: The CONTRACTOR shall be required to secure all necessary permits from Palm Beach County and the Village of Tequesta. The CONTRACTOR shall be responsible for acquiring all necessary construction permits related to this project. I ~' SGC-6 02-106 1 1 Section 6.12.: Delete the last sentence and substitute the following: These shall be available to the ENGINEER for examination and shall be delivered to ENGINEER for OWNER prior to, and as a partial condition of, Substantial Completion of the Work. 6.21 Add the following: The CONTRACTOR shall reimburse the OWNER for the total cost of all services rendered by the ENGINEER when made necessary by any, or all, of the following: A. Acceleration of the work schedule. B. Work not within normal working hours (7:30 A.M. to 5 P.M.) weekdays, excluding Village observed holidays. C. Default by the CONTRACTOR or any subcontractor. D. Failure to complete the project, either substantial completion or final completion, or both, within the time frames stipulated by these documents, plus any ENGINEER approved time extensions. Note that any such costs are in addition to any liquidated damages for which the CONTRACTOR may be exposed. E. Work damaged by fire or other causes during construction. ARTICLE 9 - ENGINEERS STATUS DURING CONSTRUCTION 9.01 OWNER'S REPRESENTATIVE: Delete the first sentence and substitute the following: If the OWNER and ENGINEER agree, ENGINEER will be OWNER's representative during the construction period. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES: Add the following to Section 12.01 B.: 4. In the event that the CONTRACTOR encounters field conditions which create a need to alter the plans or specifications and induce a need for a Change Order (as agreed to by the OWNER and ENGINEER and in satisfaction of other applicable criteria set forth herein related to acceptance and approval of Change Orders ) the OWNER reserves the right to not approve the Change Order. In this event the OWNER will correct the field condition giving rise to the need for a Change Order, or otherwise eliminate the need, with their own or other forces. Should this occur, the CONTRACTOR shall coordinate their field activities with the OWNER to accommodate this work. SGC- 7 02-106 Add the following to Section 12.04 A.: All equipment and/or material delivery and subcontractor or supplier performance (ie., efficiency, etc.) shall be considered to be within the control of the CONTRACTOR. No time extension shall be granted for delays due to equipment- and/or material manufacturing, delivery, or failure to perform according to the contract. No time extension shall be granted unless the CONTRACTOR can demonstrate with the agreement of the ENGINEER that the original critical path requires or would have required, modification. Add the following to Section 12.06 A: For purposes of this Section, damages shall include all costs to the CONTRACTOR for maintaining a presence on the job site or other "office costs". These costs are generally referred to as "General Conditions" costs. In essence, any agreement to increase contract times due to delays beyond the control of the CONTRACTOR will include only an extension of time and not costs attributable to said time extension. ARTICLE 13 - TEST AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Delete paragraph 13.03 and insert the following: The cost of all inspections, tests, re-tests, certifications and approvals required by the Contract Documents shall be paid by the CONTRACTOR. All such tests and inspections shall be performed by an independent testing laboratory. The laboratory shall be subject to the acceptance of the ENGINEER. All re-testing requested by the ENGINEER shall be paid for by the CONTRACTOR. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.02 A.l. APPLICATION FOR PROGRESS PAYMENTS: Delete the first three words of the first sentence and insert the following: At least 30 ..... Delete from the second sentence "by a bill of sale, invoice or other documentation". Insert "by documentation in accordance with Section 01150, Measurement and Payment". 14.02.C.: Delete the first two words and replace with following: "Unless stipulated to the contrary in Section 01150, Measurement and Payment, twenty-five"... Add the following to Section 14.07 A.a: fl 1 1 SGC-8 02-106 4. Before final payment, the CONTRACTOR shall submit executed copies of the release forms (page SGC-10 & SGC-11) releasing the OWNER and the ENGINEER of the obligations as described on the form. The CONTRACTOR shall also provide an executed and ' notarized affidavit with the final pay request which stipulates that all vendors, suppliers and subcontractors have been paid in full. Before final payment, the CONTRACTOR shall supply final releases of lien as set forth herein. ARTICLE 16 - DISPUTE RESOLUTION Add the following to Section 16.01 B. This agreement shall be governed by the laws of the State of ' Florida as now and hereinafter in force. The parties to this agreement stipulate venue and jurisdiction for any litigation arising out of this agreement to be in the Circuit Court in and for Palm Beach County, Florida. 1 i 1 SGC-9 02-106 ' RELEASE hereinafter referred to as "the CONTRACTOR" hereby unconditionally releases and forever discharges Reese, Macon & Associates, Inc., its officers, directors, employees and agents, hereinafter collectively referred to as "ENGINEER" from any and all legal or equitable causes of action, suits, damages, claims and demands whatsoever, which CONTRACTOR ever had or now has against ENGINEER directly or indirectly, whether known or unknown, for, upon or by reason of any matter, cause or thing whatsoever, whether known or unknown, including, but not limited to: All claims arising out of, or in any way related to, the design, negotiation, supervision, or performance of a project known as the Village of Tequesta, Meter Replacement Program. in accordance with a contract dated between the CONTRACTOR and the Village of Tequesta and Drawings and Specifications prepared by ENGINEER. CONTRACTOR , By: STATE OF FLORIDA ) SS. COUNTY OF I HEREBY CERTIFY that on this day, before me, an authorized in the state aforesaid and in the county take acknowledgments, personally appeared me known to be the person described in and who foregoing instrument and has acknowledged before executed the same. executed the me that he WITNESS my hand and official seal in the county and state aforesaid this day of _ _ _ _ _ 20 NOTARY PUBLIC, State of Florida at Large (NOTARY SEAL) My commission expires: 1 t SGC-10 officer duly aforesaid to to 02-106 1 1 RELEASE hereinafter referred to as "the CONTRACTOR" hereby unconditionally releases and forever discharges the Village of Tequesta, its officers, directors, employees and agents, hereinafter collectively referred to as "OWNER" from any and all legal or equitable causes of action, suits, damages, claims and demands whatsoever, which CONTRACTOR ever had or now has against OWNER directly or indirectly, whether known or unknown, for, upon or by reason of any matter, cause or thing whatsoever, whether known or unknown, including, but not limited to: All claims arising out of, or in any way related to, the design, negotiation, supervision, or performance of a project known as the Village of Tequesta, Meter Replacement Program. in accordance with a contract dated between the CONTRACTOR and the village of Tequesta. CONTRACTOR By: ' STATE OF FLORIDA 1 SS. COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state aforesaid and in the county aforesaid to take acknowledgments, personally appeared to me known to be the person described in and who executed the foregoing instrument and has acknowledged before. me that he executed the same. WITNESS my hand and official seal in the county and state aforesaid this day of 20 1 ( NOTARY SEAL ) 1 NOTARY PUBLIC, State of Florida at Large My commission expires: SGC-il o2-io6 1 I1 SECTION 01019 GENERAL REQUIREMENTS PART 1 - GENERAL 1.01 EXISTING UTILITIES AND STRUCTURES: The existing utilities and facilities shown on the drawings were located from the Owner's and other records. Guaranty is not made that all existing facilities are shown or that those shown are entirely accurate. The Contractor shall assure himself of any utilities, structures or facilities prior to performing any Work. Prior to the start of Work, the Contractor shall request each utility agency to advise him of the location of their facilities in the vicinity. The Owner and the Engineer will assume no liability for damages sustained or costs incurred because of the Contractor's operations in the vicinity of existing utilities or structures. The Contractor shall notify the Engineer of any deviation between existing conditions and the drawings. 1.02 PRESERVING WATER QUALITY: The Contractor shall exercise extreme care to minimize degradation of water quality at the site. All necessary provisions shall be taken to insure compliance with the water quality standards of the State of Florida. Attention is called to Chapter 62-3, Florida Administrative Code, and in particular, the requirements that turbidity shall not exceed 29 Nephelometric Turbidity Units above background level. The waters of the project area are classified Class II and III. Adequate silt containment procedures and equipment shall be used to control turbidity at all times at no additional expense to the Owner. 1.03 SALVAGED MATERIAL: Unless otherwise stated or noted on the drawings, all materials salvaged under this contract shall become the property of the Owner. Salvaged materials may not be reused in the Work. All salvaged materials shall be removed from the site of the Work and delivered to the Village's Public Works Facility. 1.04 SUBSTITUTIONS: ' A. Substitutions will not be permitted on any items specified herein or identified on the drawings where two or more manufacturers have been named unless they are followed by the words ' "or equal". Substitutions will also not be considered on any specified items whenever they are followed by the words "no substitutions". All substitution requests must be made in writing to the Engineer within thirty (30) days of the Contract Date. ' B. Submit five copies of request for substitution. Include in request: 1 1. Complete Data substantiating compliance of proposed substitution with Contract Documents. 2. For Products: 01019-1 02-106 ~] a. Product identification, including manufacturer's name and address. b. Manufacturer's literature: (1) Product description. (2) Performance and test data. (3) Reference standards. c. Samples. d. Name and address of similar projects on which product was used, and date of installation. 3. For construction methods: a. Detailed description of proposed method. b. Drawings illustrating methods. 4. Itemized comparison of proposed substitution with product or method specified. 5. Data relating to changes in construction schedule. 6. Relation to separate contracts. 7. Accurate cost data on proposed substitution in comparison with product or method specified. 8. The Engineer shall consider commonality of parts and demonstrable performance of the specified and proposed substitutions as a part of the evaluation. 1.05 WATER: The Contractor shall provide and maintain, at his own expense, an adequate supply of water for his use for construction and domestic consumption, and to install and maintain necessary connections and piping for same, but only at such locations and in such a manner as approved by the .Owner/Engineer. 1.06 ELECTRICITY: All electrical current required- by the Contractor to construct this project will be furnished at his own expense. 1.07 SANITARY FACILITIES: The Contractor shall provide temporary restroom facilities for field crews. Existing Owner facilities are not available for use by the Contractor. 1.08 WORKING HOURS: Exclusive of shutdowns, all work on this contract shall be conducted during normal Village working hours (7:30 A.M. to 5:00 P.M.) on weekdays, excluding Village holidays. 1.09 ASSEMBLIES OR furnish and install furnish all component unit. 1 UNITS: Where the Contractor is required to an assembly or unit, the Contractor shall parts as required by the manufacturer of the 1.10 ACCESS TO THE WORK SITE: The Contractor may use only the public road right of ways and designated easements for access to the work locations. The Contractor shall be responsible for maintaining, protecting and restoring the routes to the satisfaction of the Owner and Engineer. 1.11 SECURITY: The Contractor shall be fully responsible for the safety and security of the work and staging/storage area. Any temporary measures required to maintain the security of the area shall be the Contractor's responsibility. 01019-2 02-106 1 f [1 [~ 1 n 1 1.12 FAMILIARITY WITH LAWS: The Contractor is assumed to be in compliance with and familiar with all federal, state and local laws, ordinances, rules, codes and regulations that may in any manner affect the work. Failure to familiarize themselves with applicable laws, etc., shall in no way relieve the Contractor from responsibility. 1.13 STANDARDS: All work performed on this project shall be in accordance with the Village of Tequesta Minimum Standards for the water system. All conditions, as set forth in the respective permits/standards, shall be satisfied and adhered to by the Contractor. A copy of these standards can be acquired from the Village. 1.14 PROJECT COORDINATION: The Contractor is advised that other construction/work may be occurring in or around the immediate area of this project. During the course of the work, the Contractor shall coordinate all field activities with other Contractors/Owners workers as directed by the Engineer. The Contractor shall attend any meeting set up by the Engineer for the purpose of project coordination. 1.15 RESTORATION OF DAMAGED SURFACES, STRUCTURES AND PROPERTY: where pavement, trees, shrubbery, fences, irrigation systems or other property or surface structures not designated as pay items have been damaged, removed or disturbed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents, State laws, municipal ordinances or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property/items and surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before Work began within a time frame approved by the Engineer. 01019-3 02-106 LJ SECTION 01150 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.01 GENERAL: Measurement and payment will be based upon Work completed and accepted in accordance with the Contract Documents. No separate payment will be made for excavation, trenching, backfilling, leakage tests, filling/flushing of pipeline, surveying, permits, dewatering, density tests, restoration or other incidental items of Work not shown in the Agreement or listed in the proposal. 1.02 EQUIPMENT AND MATERIALS IN STORAGE: Partial payment for materials and equipment in proper storage at the approved storage site of the Work will be made for those items for which the Contractor has submitted the following: ' A. Invoice for each item in storage. The invoice shall not exceed the value of the item stored as determined by the amount paid to the manufacturer. i B. List of items in storage. C. with the following pay estimate, Release of Liens for 90% of each item listed as stored materials for the previous pay estimate. Any item for which a 90% Release of Lien is not supplied shall be considered as having been removed from the site. Payment for any offsite storage of material will not be made unless an approved site for offsite storage is granted by the Village and Engineer. Any payment for stored material shall not include labor or profit by the Contractor or any sub-contractor. The Contractor is specifically advised that this procedure may require full payment for some stored materials or-shop work significantly ahead ' of the time when payment is issued by the Owner. 1.03 MEASUREMENT (Water Meter Replacement Program): ' A. Water Meter Replacement: Measurement shall be based upon the complete installation of a new meter assembly for the size noted. The work shall include, but not be limited to, the following; project coordination, notifications of disconnects, meter logging, meter and appurtenances pickup, old meter removal and disposal, new meter and touch read module installation, testing r^ and site restoration. B. Electronic Register Replacement: Measurement shall be based upon the complete installation of a new electronic register for the size noted. The work shall include, but not be limited to, the following; project coordination, notifications of disconnects, meter logging, meter register and appurtenances pickup, old register removal and disposal, new register installation and touch read module installation (where applicable), testing and site restoration. 01150-1 oz-io6 1 C. Meter Box Replacement the complete installation of a meters 5/8" thru 2". The work the following; confirmation of meter box pickup, removal of of new box and site restoration. 1.04 PAYMENT: Measurements shall be based upon new meter box, where required, for shall include, but not be limited meter box replacement with Owner, d box and disposal, installation of Payment will be made at the respective contract unit and/or lump sum price for each item shown in the Agreement, stored and/or installed and accepted, which price and payment shall constitute full compensation for furnishing all materials and performing all work in connection therewith and incidental thereto The following schedule shall be adhered to: A B. C. D. End and 5th lOt lOt of the Month - Cut off date/Review Quantities w/Owner ' Engineer. h of the Month - Pay estimate to Owner h of the following Month - Payment by Owner of the Month - Pay estimate to the Engineer No separate payment shall be made for the following: 1. Backfill material 2. Dewatering 3. Pipe marker tape/electronic marker 4. Sprinkler system repair/replacement 5. Restoration of damaged surfaces, structures, curbing. and property. 6. Removal of excess excavated material from the project. 7. Crushed Rock 8. Grading of project areas to existing conditions within project areas. 9. Storm sewer and drainage structure repair/replacement. 10. Clearing and Grubbing 11. Landscape (Hedges/Trees) Removal and Replacement. 12. Mailbox repair/replacement 1. Sodding 1.06 PAY ESTIMATE FORMS: The Engineer will supply a pay estimate form for the Contractor to use for submittal. The Contractor shall make copies to be used for submittal of the following pay estimates. Failure of the Contractor to sign the pay estimate or attach appropriate documentation shall be grounds for returning the pay estimate with no action by the Owner or Engineer. 1.07 PROJECT SCHEDULE: An updated project schedule shall be submitted with each pay request. Pay requests submitted without the schedule will be returned with no action. 1 1 I 01150-2 oz-io6 ' J 1 1 SECTION 01300 SUBMITTALS PART 1 - GENERAL 1.01 DESCRIPTION OF REQUIREMENTS: The types of submittals controlled by these general requirements include- shop drawings, operation and maintenance manuals, instruction manuals, samples, maintenance of traffic plans, and miscellaneous work-related submittals. The individual submittal requirements are specified herein and in applicable sections for each unit of work. 1.02 GENERAL SUBMITTAL REQUIREMENTS: Coordination and Sequencing: The Contractor shall coordinate preparation and processing of submittals with performance of the work so that the work will not be delayed by submittals. The Contractor shall coordinate and sequence different categories of submittals for the same work, and for interfacing units of work, so that one will not be delayed for coordination with another. No extension of time will be allowed because of failure to properly coordinate and sequence submittals. Preparation of Submittals: Provide permanent marking on each submittal to identify project, date, Contractor, subcontractor, submittal name and similar information to distinguish it from other submittals. Each submittal shall clearly state where the item is ' to be installed. Package each submittal appropriately for transmittal and handling. Submittals which are received from sources other than through Contractors office will be returned without action. All results of testing by independent labs or ' agencies shall be submitted to the Engineer.. This shall include both passing and failing tests. 1.03 SPECIFIC CATEGORY SUBMITTAL REQUIREMENTS: General: Except as otherwise indicated in individual work sections, comply with general requirements specified herein for each indicated category of submittal. 1.04 GENERAL SHOP DRAWING REQUIREMENTS: As soon as practicable and ' within thirty (30) days after the date of execution of the contract,-the Contractor, in conformance with the conditions of the contract, shall submit to the Engineer for approval, four (4) copies (in addition to those copies necessary for his own t' requirements) of the shop drawings. The Contractor shall submit newly prepared information; do not reproduce contract documents or copy standard printed information as basis of shop drawings. Prepare on reproducible sheets, not less than 8-1/2 in. x 11 in. and not larger than 24 in. x 36 in., except for actual pattern or template type drawings. Prepare shop drawings to accurate scale, except where other form is indicated as acceptable. Show dimensions and note which are based on field measurements, identify materials and products in the work shown. Indicate name of firm 01300-1 o2-io6 which has prepared each shop drawing, and provide appropriate project identification. Shop drawings submitted to the Engineer for his approval shall first be checked in and approved by the Contractor, as indicated by a "Checked" stamp marked "Approved" on each .copy of the shop drawing. Shop drawings received without the Contractor's "Checked and Approved" stamp will be returned without further action. Shop drawings shall be submitted for the following: 1. Pipe and Fittings 2. Valves 3. Waster Service Components 4. Project Schedule 5. Any other items requested by the Engineer Product Data: Collect required data into one submittal for each unit of work or system; and mark each copy to show which choices and options are applicable to the project. Include manufacturer's standard printed recommendations for application and use, compliance with standards, application of labels and seals, notation of field measurements which have been checked, and special coordination requirements. Maintain one set of product data for each submittal at the project site, available for reference by the Engineer. For purposes of this submittal, manufacturer's fabrication drawings shall be synonymous with shop drawings. The Contractor shall not submit product data or allow its use on the project, until compliance with requirements of the contract documents has been confirmed. Submittal is for information and record, unless otherwise indicated. 1.05 DOCUMENTS: Maintain at the job-site one .copy of all drawings, specifications, addenda, approved shop drawings, change orders, field orders, other contract modifications, and other approved documents submitted by the Contractor in compliance with various sections of the specifications. Each of these Project Record Documents shall be clearly marked "Project Record Copy" and maintained in good condition, available at all times for review by the Engineer and not used for construction purposes. 01300-2 oz-io6 1 1 ~I ii SECTION 01400 GENERAL QUALITY CONTROL PART 1 - GENERAL 1.01 DESCRIPTION OF REQUIREMENTS: Definitions: Specific quality control requirements for the work are indicated throughout the contract documents and are not repeated herein. The requirements of this section are primarily for performances of the work beyond furnishing of manufactured products. The term "Quality Control" includes, but is 'not necessarily limited to, inspection and testing and associated requirements. This section does not specify or modify Engineer's duties relating to quality control and Contract enforcement. 1.02 RESPONSIBILITY FOR INSPECTIONS AND TESTS: Unless otherwise noted, all testing and inspections required by these specifications shall be performed by a properly certified entity. All costs associated with the testing and inspections shall be the Contractor's responsibility. The Contractor shall also be responsible for all tests or inspections required by any entity having jurisdictional control over the work. The costs for those required services by independent testing laboratories are recognized to be included in the contract sum. No failure of test agencies, whether engaged by Owner or Contractor, to perform .adequate inspections or tests or to properly analyze or report results, shall relieve the Contractor of responsibility for fulfillment of the requirements of the contract documents. 1.03 QUALITY ASSURANCE: General Workmanship .Standards: Except as more definitively specified, the Contractor shall comply with recognized workmanship ' quality standards within the industry applicable to each unit of work, including ANSI standards where applicable. It is a requirement that each category of tradesperson or installer ' performing the work be prequalified, to the extent of being familiar with applicable and recognized quality standards for-that category of work, and of being capable of workmanship complying with those standards. ' 1.04 PRODUCT DELIVERY-STORAGE-HANDLING: General: Handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damages, deterioration and losses including theft (and resulting delays), thereby insuring highest quality results as the performance of the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at the project site 01400-1 a2-io6 prior to installation. Contractor shall provide covered, inside storage for all new equipment on the site which is not intended for outside installation. Electrical, hydraulic and pneumatic connections on all equipment shall be protected from the elements. Contractor shall store all material on the project. site unless specifically authorized otherwise by the Owner.. PART 2 - PRODUCTS (not applicable) PART 3 - EXECUTION 3.01 PREPARATION FOR INSTALLATION: Installer's Inspection of Conditions: The Contractor shall require the fabricator and installer of each major unit of work to inspect the substrate to receive the work, and the conditions under which the work will be performed, and to report (in writing to the Contractor and the Engineer) unsatisfactory conditions. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the fabricator and installer. 3.02 INSTALLATION QUALITY CONTROL: Manufacturer's Instructions: Where installations include manufactured products, comply with manufacturer's applicable instructions and recommendations for installation, to whatever extent these are more explicit or more stringent than applicable requirements. indicated in the contract documents. The Contractor shall inspect each item of materials or equipment immediately prior to installation, and reject damaged and defective items. Provide attachment and connection devices and. methods for securing work as it is installed; true to line and level, and within recognized industry tolerances if not otherwise indicated. The Contractor shall recheck measurements and dimensions of the work, as an integral step of starting each installation. Install work during conditions of temperature, humidity, exposure, forecasted weather, and status of project completion which will ensure best possible results for each unit of work, in coordination with entire work. Isolate each unit of work from noncompatible work, as required to prevent deterioration. Adjust, clean, lubricate, restore marred finishes, and protect newly installed work, to ensure that it will remain without damage or deterioration during the remainder of the construction period. 1 i 1 ~~ 01400-2 o2-io6 ~~i 1 SECTION 01570 TRAFFIC REGULATION PART 1 - GENERAL 1.01 DESCRIPTION: The work to be performed under this section shall include furnishing all maintenance of traffic plans, all materials and labor necessary to receive approval and to regulate vehicular/pedestrian traffic in accordance with the requirements set forth herein and those required by FDOT, Palm Beach County, and the Village of Tequesta. 1.02 APPLICABLE CODES, STANDARDS AND SPECIFICATIONS: The work performed under this contract shall be in strict accordance with the following codes and standards: A. Local, county and municipal codes. B. Florida Department of Transportation specifications. C. State and U.S. Government requirements. PART 2 - PRODUCTS (not applicable) PART 3 - EXECUTION 3.01 TRAFFIC AND VEHICULAR ACCESS A. Emergency Vehicles: The Contractor shall notify, in writing, the Engineer, the police, fire and other emergency departments and agencies when and where work is to be accomplished which will affect their operations. The notification shall be supplied at least two days, but not more than ten days, prior to the start of such. work. B . Major Roads and Streets : No major roads or streets shall be blocked to traffic, without adequate detour facilities, for a period of more than 30 minutes, or as directed by the governing authority. C. Commercial Properties: Access to commercial property shall not be blocked for a period of more than 30 minutes during the time such properties are open for business. D. Residential Property: Access to residential property shall not be blocked for a period of more than 12 hours. E. Arterial Streets/Parking Areas: The Contractor shall make every attempt to maintain streets and parking areas within the project area accessible to the residents. Notification shall be given to the Engineer and affected residences within three (3) days prior to the start of work. 3.02 CONSTRUCTION IN OTHER THAN STATE HIGHWAY RIGHT-OF-WAY: Construction within other than state highway right-of-way shall be made in full compliance with all requirements of the Florida Department of Transportation and to the satisfaction of the local ' 01570-1 oz-io6 overnin bodies. All necessar barricades detours li hts and ' 9 9 Y 9 other protective measures shall be provided for the protection of both pedestrian and vehicular traffic. ' ii 1 01570-2 oz-io6 ' SECTION 02110 CLEARING AND GRUBBING PART 1 - GENERAL 1.10 DESCRIPTION: Work under this section of the specifications consists of clearing and grubbing to obtain access to the meter locations, and the disposal of materials and debris resulting from the clearing and grubbing operations. The construction area shall be selectively cleared. The Contractor is expected to visit the site of the work and determine for himself the extent of the clearing and grubbing necessary for the replacement of meters. PART 2 - EXECUTION 2.01 SELECTIVE CLEARING AND/OR GRUBBING: Special attention shall be given by the Contractor to heavily landscaped areas around meter ' locations. -Work within these areas, if access is a problem, shall be reviewed with the Owner/Engineer prior to any work occurring. 2.02 DISPOSAL: All material and debris resulting from clearing, or clearing and grubbing, operations shall be disposed of in a manner approved by the Engineer. It shall be the responsibility of the Contractor to obtain permits where such permits are required and he shall be responsible for any and all damage to surrounding property or areas caused by his operations. _ 2.03 CLEANUP: In accordance with the GENERAL CONDITIONS. t e 02110-1 02-106 SECTION 02260 FINISH GRADING PART 1 - GENERAL 1.01 DESCRIPTION: To bring to finished elevations all earthwork involved around the meter box location. This general work includes the completion of finish grading so that surfaces of compacted material are correctly oriented with the requirements of the surrounding areas. PART 2 - PRODUCTS 2.01 MATERIALS: A. Fill: All fill shall be clean sand,. free from debris, vegetable matter and other deleterious substances. B. Topsoil: All topsoil material on the site that is determined by the engineer to be satisfactory for landscaping and/or grassing operations shall be stockpiled near the excavation limits for such use unless otherwise directed by the Engineer. PART 3 - EXECUTION 3.01 GRADING: Fill, backfill and rough grade as necessary to bring the entire area around the work site to match existing grades. 3.02 FINISH GRADING: A. Where elevations are indicated on plans, obtain such finish elevations, and establish uniform slopes of finish grades between indicated elevations. B. Where elevations are not indicated, establish and obtain uniform slope from existing grade.. t 02260-1 02-106 SECTION 02485 GRASSING PART 1 - GENERAL 1.01 DESCRIPTION: The Contractor shall furnish all materials and labor necessary for construction. It is the intent of this specification that damaged areas are to be replaced in kind. The Engineer will determine where Floratam or Bahia sod is to be used in any questionable areas. The Contractor shall walk the areas with the Engineer prior to placement of sod to determine the limits of grassing. 1.02 STORAGE OF MATERIALS: The Contractor shall provide space for storage of sod prior to placement in a manner that will not endanger or restrict pedestrian or vehicular traffic. PART 2 - PRODUCTS 2.01 SOD: A. Sodding shall be in accordance with section 575-1 through 575-2 of the DOT Specifications. Sod being replaced in existing sodded areas shall be replaced in kind. Sod in new areas shall be St. Augustine Floratam or Bahia. PART 3 - EXECUTION 3.01 SOD: A. Sodding shall 'be in accordance with Section 575-3 of the DOT Specifications. 3.02 MAINTENANCE: Sod shall be maintained in accordance with FDOT Specifications. 3.03 SPRINKLER SYSTEM: Where sprinkler/irrigation systems require repair or replacement, the Contractor's sodding operation shall not commence until the Engineer has approved the repaired or replaced system. 3.04 DAMAGED TREES/SHRUBBERY: All trees and/or shrubbery (landscaping) damaged or disturbed during construction shall be replaced by the contractor at his expense as directed by the Engineer. The indiscriminate cutting of trees or disfiguring of any feature of scenic value shall not be permitted. This includes other methods such as the use of herbicides. All debris shall be removed by the contractor at his expense. ~' 02485-1 02-106 ~J Grassin o erations are to be in within a maximum of seven (7) da s g P g Y after an installation has been installed. All requirements regarding grassing will be in accordance with the Department of Transportation specifications. Any yards or grass mat will be resodded with like sod, or otherwise, to the satisfaction of the Engineer. 1 1 02485-2 02-106 SECTION 02641 WATER METER REPLACEMENT PROGRAM PART 1 - GENERAL 1.01 GENERAL: The work under this section consists of project coordination, existing water meter removal and salvage, installation of new water meters (5/8" thru 2") with electronic registers, installation of electronic registers on larger meters, 3" and larger, installation of touch-read remote modules (touch- read modules), record keeping, testing/verification and site restoration in accordance with the requirements set forth below. PART 2 - PRGDUCTS 2.01 EQUIPMENT: The new water meters with electronic registers, electronic registers for meters 3" or larger, touch-read modules and meter boxes (where required) shall be provided by the Owner to the Contractor. The meters with electronic registers and touch-read modules shall be as manufactured by Invensys Metering Systems (Sensus Meters - SR Series including SRI and SRI I) . PART 3 - EXECUTION (All Meter Sizes) 3.01 COORDINATION: Scheduling of Service Interruption, Installation of Meters and Restoration of Service - The Contractor is advised that the coordination of meter installation with the Owner, Engineer and customers is .essential to the execution of this project. Removal of existing meters/registers, installation of new meters/registers and integration of meter reading data shall be under direct supervision of the Engineer or Owner. Contractor shall allow for,- and will be involved. in, the coordination of interruption of customer water service, restoration of customer water service and obtaining necessary data required for integration of new meters/registers into the Owners meter reading database as supervised by the Engineer or Owner. A. Meter Replacement Schedule: Before commencement of the work, the Contractor shall submit a meter replacement schedule to the Engineer and Owner. The replacement schedule shall indicate the road names and addresses, in groups, within the authorized route number with the Contractor's proposed change out dates. The Engineer and Owner will coordinate with the Contractor to revise this schedule, as necessary, to indicate meters that may need to be relocated by the Village and to meet the best interest of 02641-1 02-106 the project as a whole. A final revision of the meter replacement schedule will be produced by the Contractor, according to the revisions stipulated by the Engineer and Owner, before meter replacement commences. B. Coordination of Repairs/Relocations: As the Contractor progresses with the work, there exists a possibility that either a piping repair within the box may be required or the location of the box itself is inaccessible and will be required to be relocated. In these instances, the Contractor will advise the Owner accordingly, who will make the repair/relocation. The Contractor will be advised when the. work is complete so that a new meter can be installed. The Owner/Engineer will attempt to identify these areas prior to the start of work so that the Contractor's schedule can address them. In either case, no additional time or money will be granted for the "skipping over" of a meter so that repairs/relocation work can be performed by the Village, unless the Contractor is delayed. C. Notification to Customers: The Owner may make initial notification to the customer by flyer, publication or other means that service interruption for meter replacement has been scheduled for the area. It will be the requirement of the Contractor, as a final means of notification to the customer, to distribute door hangers on the premises of the affected customer(s) 24 hours in advance of the scheduled service interruption for meter replacement.- The door hangers will be provided by the Owner to the Contractor. The Contractor will be responsible to fill out the ~~ information on each door hanger pertaining to the date of service interruption, estimated length of time service will be interrupted and Contractor contact information (phone number)in case of customer conflicts. D. Meter Log: Refer to Exhibit E attached to these. specifications. The Contractor is required to log this ,~ meter/register change outs by filling out a form for all removal of old meters/registers and' installation of new meters/registers progress. The forms will be supplied by the Owner daily. A form will be given out for each new meter picked up by the Contractor for installation. The Contractor shall return the log forms and the salvaged meters to the Owner after each days work. The quantity of log forms shall equal the number of salvaged meters returned to the Owner after each days work. The Contractor shall assure that the information required on the meter replacement log is accurately and promptly filled out (as work progresses) and transferred to the Owner as this will directly effect the accuracy and efficiency of monthly water billing records. 02641-2 g 02-106 1 i~ 1 f E. Inventory Control and Delivery of Products: The Owner will make available to the Contractor for installation, the new meters, electronic registers, touch-read modules and meter boxes. The Contractor will be required to fill out an inventory log to sign out all meters, electronic registers, touch-read modules, meter boxes, and. other products, provided by the Owner, that will be in the Contractor possession for installation. The Contractor will be required to pickup the products for installation at the Village's Public Works Facility. 3.02 INSTALLATION: Installation shall be in strict accordance with the manufacturer's instructions. In general, the Contractor shall use tools and craftsman experienced in the pipe fitting and/or water meter installation trade. Installations of water meters shall be true to line, grade and parallel with connecting service piping. Bending, prying, twisting or force shall not be required to hold water meter in alignment with service piping during installation. Replace water meters on like-for-like basis regarding size, model and type, unless otherwise advised by the Owner/Engineer. Connect meters to piping utilizing' standard fittings without adaptors (refer to the village's utility standards). Existing piping and connections that are incorrect for size and new water meter installation shall be brought to the attention of the Engineer or Owner. The Owner will correct accordingly. Water meters shall be installed in water meter boxes with the meter register (dial face) facing perpendicular to the plane of the water meter box lid so as to be easily read by manual means, if required. Water meters shall be correctly bedded in the grade of the bottom of the water meter box. Remove soils or debris as required such that water meter is exposed to its center line when installed. Proper care and disinfection methods shall be used to prevent water .intrusion into the pipelines when service is disconnected. Pump stormwater from valve box as required prior to service disconnection. Plug and seal water piping connections once existing water meter is removed and prior to -new meter installation to prevent contamination. New water meters must be kept sealed during storage and handling until moment of installation. Lightly flush water meter supply line and new water meter before final connection to customer feed line. Immediately notify Engineer or Owner of any contamination that has or may compromise the sanitary requirements of water meters or service lines and obtain appropriate clearance prior to returning the system back to service. A. Installation Materials - The Contractor shall supply miscellaneous installation materials as needed for water meter installation. Low voltage wiring from water meter electronic register to touch-read module shall be supplied by the water meter manufacturer with the touch-read modules, 02641-3 02-106 r as su lied b the Owner. Additional low volta e wire PP Y g needed for special mounting requirements shall be supplied by the Owner, from the water meter manufacturer, at the. Contractor's request. B. Mounting of Touch-Read Modules - The Contractor shall bore holes in water meter vaults, vault lids, vault walls, etc. as necessary for mounting of touch-read modules. Contractor is responsible to provide all tools, equipment and supplies required for boring holes and mounting of the ~' touch-read modules. Contractor shall bore holes located in vaults or vault lids consisting of plastic, steel, concrete,. traffic load rated materials or other such materials as typically found in municipal water meter box/vault construction. New water meter box lids will be provided by the Owner to the Contractor for installation where repair or replacement is deemed necessary by the Owner. Electronic wiring connections shall be in strict accordance with water meter manufacturer specifications connecting the water meter and touch-read module. Splicing of low voltage cable will not be permitted between the water meter register and touch- read module unless specifically approved by the Engineer or Owner for special circumstances and, then, only with the use of low voltage water tight splice kits (ie. 3M gel caps). In general, mounting of touch-read module shall not prevent the manual reading of water meter register or obstruct opening. of meter box lid. C. Meter Box Replacement - In some instances, the existing meter box may be found in disrepair or unable to accept the touch read module due to its condition. In these cases the Contractor -shall replace the meter box with a new one provided by the Owner. ~ ~ D. Restoration - The Contractor is responsible to restore, to the original condition, any grassing or landscaping that is damaged during the work completed under this contract at the Contractor's expense. E. Disposal of Trash - The Owner shall make available to the Contractor a dumpster for disposal of debris or trash originating from the meter replacement program (such as broken meter boxes, etc.). F. Warranties and Installation Guarantee - Warranties, for the water meter with electronic register and touch-read module, either as individual components or the entire assembled unit, shall not be voided due to improper installation. Contractor shall remove, repair, replace and re-install any component that has failed to operate, due to improper installation, within ninety (90) days from the date 02641-4 02-106 ~' ~~ t f r t t the meter was returned to service, at the Contractor's expense. 3.03 TESTING & VERIFICATION: The Contractor shall be responsible to test and verify the initial operation. of the water meter upon installation. The Contractor shall perform .the following verifications at minimum, after each installation, 1) visually confirm the correct rotation of the water meter register and dial indicator (flow direction), 2) touch read the meter with a hand-held unit wand to confirm installation of the touch-read module and to confirm communication of the touch-read module to the water meter electronic register and 3) visually inspect for water leakage at all connections. Specifically, the Contractor shall assure that- the hand-held unit is receiving the correct information from the water meter into the hand-held such as water meter serial number, total gallons, etc. The Contractor shall visually verify that the total gallons in the hand-held unit is the same as the gallons indicated on the water meter dial face register. The Contractor shall notify Owner in writing (spreadsheet table format) of any malfunction arising from equipment failure to be handled by manufacturer's warranty. Problems arising from Contractors improper installation shall be corrected immediately under this contract at the Contractor's expense. The installation of the new water meter shall not be considered finally complete until the water meter is verified by the Owner's meter readers who will touch read the meter while performing their normal meter reading route duties on the department's next scheduled meter reading date. The Owner. will notify the Contractor of any meter reading problems and those problems arising from improper installation shall be corrected at the Contractor's expense. PART 4 - EXECUTION (For Meters Sized 3" and Larger Only) 4.01 Electronic Register Replacement Only: For all water meters 3" and larger, the Contractor shall replace the existing register with a new electronic register as supplied by the Owner. In cases where the meter is installed in a meter box, the Contractor shall install the touch read module as stipulated above. If the meter is above grade, a touch read compact (TRC) electronic register shall be installed as provided by the Owner. The Contractor shall abide by the same meter logging practices as stated above. 02641-5 02-106 ~i ~~' ~ ~ ~ _` a _-_ ~';County.'.Lne ~Rd''= ~ - -_ , ~ if ~~~ ~' x~k ~ '~ m 11 ~~ -- ~ ~ ~ ~~~ ~~'~~~ PROJECT ~~ 1, ~~ LOCATION _- -~ ~Tn ~ _- I I r -~ -. , ~ -- 9 ~ ~ ~ UESTA, FLORIDA 'S'-iverside TEQ r.. ~ ~~ ~ _ ~ ~ _ ~ ~ ;~ _ °~~ ~~ `-~ Ocean it ~ ~ ~~ O~ ~. ~ ~ ~ ~~ ~ ~' f ~ ~ QTequ~ta I ~ 13b Bfld[~e RI ~ t - _ ` ~ _ ~ _ ~, ~ ~ ~ _. ~ TEC~UB9t~, pt r ~~~~C~~ ~ ~ ~ _~ _ ~ ~, ~ I ~y l 1 ' ~ (A7 A i i- - cl i l '~ Cover Rd ~ ~ , s , . ~ ~_==Cacorlut_ r_n ~o~ ~ r ~_ _ _ - - peverl;y Rd=~YI ~~ I =, ~-~ 1 I i ,~ ~ _ 5 y I i ~ _ G~pk ~ ~I ~ I I Il srY~"UI \ "~[ ~ k~ ~ ~ ~~~ ~ I ~ ~, m u~~ s~, ' ~ / 1 Uuprter Ligh€hnuse Park I ~ ~ i ~ .~:I ; i ~ ~ ,,5, ~ ~ „ _~ l I- ~ a ~ ~:JupRer ~, II ~ ~? Inlet _ Art ~-.C, '-- m 103 ~ Colgny f A1A' - 1 ~ ~ ~ ` ~ i ~ ~ I j ik ; y ~,, 1 ~+`hDUSe Q'i ~ .I i-I ` I - I .,J'. , ~I ~ ~. - Date I By IADrov.l Revision '~+ ~ort st ~~ Lucie '~, - ~~ den€an Beach 111 ~~~ a~ B~ River r ~S]~.~srt hores P~t1n City ~`` ~~ , Prrt Salerno l ~ Fbba So~r~tl 4 SY. iuc~e ~'~ Ca.~la A t l a n t i c - _, `~~ O c e a rl c F L O R I ^ A gi ~- \1p,Taquesta t _ ~R .. .. ti 798;°,.. JupAer ._. _,._~Palm Beach Gardena ~,~ ... ~ North Palm beach S oL`ake Park Rivl a ~ liol 5in;~er 3 Island i 98 i 909 eel P'alro _- P Fri beach "fart }. 8~'ach RoYSI Patin f ~., - Beach ~~ I L-HF ~Ibrth _ t ~ _. ~.-.. ,., -~. o ellin9lonl, P m 5 r88 s -~'- !! PSG ,` t' _ I f ~ ~`~1VLL'1 VILLAGE OF TEQUESTA Reese, D[aoon and associates, Inc. 6416 lake xe:..b Ra.a, swte 907 Iwke l/orth, PL 99489 -METER REPLACEMENT PROGRAM LOCATION MAP Tel. (sal) 499-922a Certlrlceta No. 4767 Dealgnetl By Drawn By Check By Approved By Date: Scale: Job NumWr. Sheet DWM DWM TCJ JAN. '03 NONE 02-106 ~ of ~ s Il e n t 1 EXHIBIT B METER ROUTE AREA MAP 02-106 r~ w w. s ~ ~ r war Ar ~r r ~ r~ ~ ~ ~ r ~r ~ .oAmcorrc~•...~..~.~...~~ .~,H..1.,.~.~r,nwx n n. m. ~n» 1?~O ou ROT nuE_ lnu..Im. ]o. ]aon n: as Au -~ n ~ ~~ 1.~_ uuuuuuuiuu ~ g ~v ~ w,a.,, .,. ~ ~ ~ ,~ . y w ° ~ i~ a ~ m o ~~ W 1 f y R ~ A.t ,p~ ~A ~ ~~4 ~ ®~ ~~`~ g ~~ ~~~ E ~~ ~ ~ ~ ° a ~ ~, Y u ~ D ~ ~ p ~~ a :' ~ ~ I V O J~ ~ ' Q ~ , ~y3d q +~+' ~,°~ ~ .G` ~® ~~o ~ ~ ;~ A~ /~~ a ,, ~ ® '~~ ,'~ O O ~. d ~ ~ ~ t ~ f p ~ ~ t p ~ 9 ~~ `9~ J~ i Q °W C/~ .~ ~° ~ ~ ~ ~~ ~ ~r p ~~' "'a 0 i ~~ ~ ' 0~ ~ ~` ~ ~ ~D ~ ~~~~~ ~~~ e / ~ ~ i ~~rr 1 p ~ ~ ~ri~ Qe pq 4r~rM R73 t ~~9 u o ~ ~ y s~~ ~ r ii P~~~~ ~ DD ~~~ o , ~~ ~ o ~~~, o rM ~~~~ ~_ ~ F,pAK~ 3~ - C ~~ ~uvihn uAxnR wAm~ Assoa ,o,.,,,~ ~ m ^10"' ~ 41 srnvcs ~a ca++ecnor+s ox isw~o O Mrl'"` ~~0 ~~LNd~1d WWOE OE TEOJESTA wNN4 ~''~0~.[ SFIMS Il MEIFAEL CONNECTIONS 00o a ~d ~ ~~ ~ ~ ~ g m ~~s ~~~~~~++'-r8838$83g~~ o.~eu+~iKi-o 1 ~ ~ ~ ~ B~~~L§L~~~S~i~'~~o~~ N pAr) Vu p~/~~~•pp•~~~~ ~ /I~ y YY~~ R ~ JN%lER MMTN WATER ASSOL, e 1 1 EXHIBIT C METER SIZES & QUANTITIES PER ROUTE 02-106 t n 1 u VILLAGE OF TEQUESTA Exhibit C QUANTITY OF WATER METERS IN WALK ROUTE BY SIZE WATER METER SIZE ROUTE/YR TUTALS 5/ 8" 3/4„ 1„ 1-1/2„ 2„ 3,- 4,- 6„ 101 (1) 200 36 51 3 13 11 2 1 317 102 (4) 230 56 16 5 5 4 0 : 2 318 103 (4) 222 29 43 8 16 3 1 0 322 105 (5) 195 21 18 0 1 0 0 0 ` 235 106 (3) 167 33 36 0 0 0 0 0 '` ' 236 107 (3) 149 33 28 1 2 1 0 0 214 108 (2) 217 26 20 1 0 0 0 0 : ` 264 109(4) 124 12 4 4 1 0 0 0;; 145 110 (3) 179 8 6 5 2 0 0 0 200 111 (5) 303 9 13 9 4 0 0 0 338 112 (2) 192 25 9 0 0 0 - 0 0 226 113 (4) 104 25 7 4 3 0 0 0 143 214(3) 284 16 2 11 8 0 0 0- 321 215 (1) 122 16 6 0 0 0, 0 0 144 216 (1) 270 30 3 0 0 0 0 0'- 303 217 (5) 177 46 5 0 1 0' 0 1 230 219 (2) 365 22 2 0 3 0 0 0 392 220 (2) 184 2 2 0 0 0 0 0 188 TOTALS 3684 445 271 51 59 19 3 4 4536 Electronic Register Replacement Only 4~ ~ L~ 1 i EXHIBIT D PROGRAM SEQUENCE 02-106 1 [J 1 VILLAGE OF TEQUESTA Exhibit D INITIAL 5-YEAR METER REPLACEMENT PROGRAM SEQUENCE YEAR METERS BY ROUTE (ALL METER SIZES) TOTAL METERS (INCLUDES REPLACED/REBUILD METERS ROUTE # QUANTITY , NEW ELECTRONIC REGISTERS, TOUCH-READ MODULE INSTALLED) 101 317 2003 215 144 764 216 303 108 264 112 226 2004 219 392 1070 220 188 106 236 107 214 2005 110 200 971 214 321 102 318 103 322 2006 109 145 928 113 143 105 235 2007 111 338 803 217 230 TOTALS N/A 4536 4536 1 i ~~ LJ 1 1 EXHIBIT E METER CHANGE OUT FORM 02-106 r ~ ~ ~ ~ i ~ ~ ~ ~ a ~ ~ ~ ~ ~ ~ ~ ~ FINAL PAID NF W copy made TEQiJESTA WATE R DEPARTMENT WORK ORDER # ACCOUNT # ACCOUNT # NAME: NEw OWNER: SEItVxCE ADDRESS: FORWARDING ADDRESS: P4one Na Pboge Na FINAL DATE LEAVE ON /RECONNECT PREVIOUS It,EAD TEST MTsTTR CHECK FOR LEAKS CUItR.ENT READ NEW INSTALL . REREAD METER u DISCONNECT METER SIZE. 5/8" 3/4" 1" I-1/1" 2" JupiterA'equesta/J1C: SECUItITX DEPOSIT: S62.67 Service Charge: S26.x0 TOTAL = 588.77 I'BGMartin Coanty: SEC[fRI'IY DEPOSIT: 578.33 Service ChSrrge: 526.70 Surcharge 56.53 TOTAL = SI10.96 FIBLD T6CAlYICIAN INITIAL (PLEASE WRITE YOUR CO~TNIirNTS ON BACK OF TEi[9 CARD) RMA Reese, Macon and Associates, Inc. Village of Tequesta Meter Replacement Program ADDENDUM NO. 1 February 27, 2003 ' This document forms a part of the contract documents and modifies the original plans and specifications as noted below. Acknowledge receipt of this Addendum in the space provided on the bid form. Failure to do so may subject the bidder to disqualification. This addendum consists of 1 page. ' 1. Invitation to Bid -Delete the first sentence in the fifth paragraph and Insert the following: ' A Certified or Cashiers check on a national or state bank or a bid bond in a sum not less than five percent (5%) of the amount of the "year 1 subtotal bid price," made payable to the Village of Tequesta, Florida, shall accompany each proposal as a guarantee that the bidder will ' not withdraw from the competition after the opening of proposals. 2. Instructions to Bidders, Paragraph 1.18 Contract Security. -Delete the third sentence in its entirety and Insert the following: All Performance and Payment Bonds for this project shall be in an amount equal to 100% ' of the "applicable year contract price, i.e. Year 1, Year 2, etc." 3. Supplementary General Conditions, SGC-3, Article 5 -Bonds and Insurance, S.OIA. ' Performance, Payment and other Bonds -Delete the paragraph in its entirety and Insert the following: Contractor shall furnish Performance and Payment Bonds, each in an amount equal to 100% of the "applicable year contract price, i.e. Year 1, Year 2, etc." as security for the faithful performance and payment of all contractor obligations under the contract documents. The bonds ' shall comply with the requirements of Florida Statutes, Section 255.05. All bonds shall be supplied on the forms provided in the bid documents. r specs\tequesta\meter replacement\addendum no.l 1 ' 6415 Lake Worth Road Suite 307 Lake Worth, FL 33463-2907 Telephone (561) 433-3226 Facsimile (561) 433-8011 MAY-22-03 07=39 FROM= VILLAGE OF TEQUESTA ID= 5615756203 PAGE 1 ~-,. ,y-. ItE50LU7'10N N0.29-02/03 A RESOLUTION OF TNF VILLAGF ' . COUNCIL OF THE VILLAGE OF' TEQUESTA, PALM BEACH COUNTY, FLORIDA, AWARDING 'I'IIE FIVI~: YEAR CONTRACT TO LINE-TECH,INC. OF BOYlVTON BEACII FLORIDA , . IN THE AMOUNT OF 5131,489.511 FOR TOUCH READ WATER Ml';TER ' INSTALLATION, Roving A FY 20UZ/2UU3 CAPITAL IMPROVEMENT FUND #401-4111iS2,6U1 ALLOCATION OF $140,0011 WITH 523,.16A.INl FOR YEAR ONE. AND AUTHORIZING THE VILLAGE MANAGER TO EXE(.:UTE THE A PPLICABLE CONTRACT ON BEHALF OF THF. VILLAGE, , HOW, THEREFORE, BE IT RESOLVED $Y THE VILLAGE COIINC[L C)F' '1'IlE V ILLAGE OF TEQUESTA, PALM BEACH COjJNTY, FLUttIRA, AS FO[;I,OWS: ' ~~- ~:ansideraLion to award a wnlracl to (,Inc=fuch, Inc._ of [3uynt~n! 13c:rich, l~lcn•iila in . llz~: ~~rnuunl of $23 1260.00 for Tntwh Read Water Meter Tns4illalion in .ltvul~~y 1{) I, 215_ nN11 216, hriving a 1~ Y 2002/2003 Capilr+l Improvt'rnCnt Fund 13tu1gct nllcx:i~lion o1' 'fi14(! i)0{). ' • altachcc! hcre;to as 1.'txhibit "A" and inwrporateJ by nion:ttce: as a part of !I-i, Rc,nluhon hereby uppravcd and the Villago Manager of the Village of Tegw;~tx is suthariiLCl lu cxeuna: il-c same ern Ix:hall• of tlro Vitlag~. , 'I'RE FOREGOING RESOLUTION WA5 OFFERED b C;owk:ilrncmtx:r y ;: _.,.._ C~CnCO.., ____, who mov8d its eJoption. The motion way yccocule~.l by (:ouncilmemhrr vin I~r,~k ,end upon being pal to a vote, the vutu wns a. !allows: ~tw)R AlX)PTIC)~ ~C'A1.NS.r nab '1'IUN sera . ~~ Gc<~o _........ ' ~tuss~ll ,~ von Frank Pat Watkins ~ ~•~ 'Iht3 Mnyor thcroupon declxnd the Re:,volufion duly payye:d and rrtivplcil thi Clay of 200?. ._._ ~.. ~~,( , n.l.~ , __ M/~YOIt OF "fI:(2t11;S'I'n _ ,, L..,D` ~rM,~. _ l:dwt~rd ll. Resnik AY-1•I:S`f: ' Mary Mile. ' Village LI Sent By: PJKINS, Inc.; 954 9796788; Jun-5-03 11:45AM; ~~~~ Page 112 ~~RTIFICATE OF L{~1~iLIT'~ if~~U12Ai~G~t CSR cg OATBIMWOOIYYYY, LINBT-1 06 04 03 PROOUtER THtS CERTIFICATE {S IS8UED A9 A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE t P . J .1C . INSVRAtQCH, INC . ~ HOLDER. TH13 CERTiFICAT€ COE3 NOT AAREND. EkTEND OR 2500 tT®it'~ POP78RLINR ROAD ALTER THE COVERAGE AFFORDED 9Y THE POLICIES gEEOw• POb~1L1+'C 9E2LC8 FL 33069 Phon•1954-979-5855 Fax:954-979-6788 _. - wstfREO - - _ Line-'l ec Zno . tt Boynton a schtPLe33435 1 ..,...~..... ~., TED BELOW NAVE BEEN 19SUE0 TO THE INSURED NAMED ABOVE FOR THE POLCY PERIOD INDICATED. NOTWRH3TANDMKi I N CE L S THE POLICIES Ut INSURA ANV REOUtREMEM, TERM OR CONDITION OF ANY fX1NTFIACT OR OTHER DOCUMENT W ITM RESPECT TO WHICN TN19 CERTIFICATE MAY BE ISSUED OR slx:N ' . MAY PERTAIw. THE INSURANCE AFFORDED BY THE POLICIE6 pE$CRIBED NEREIN t6 SUBJECT TO ALL THE rEFIMS. EXCLVSIONB AND CONDITIONS of POLICrt.4. AGGREGATE LuArT9 5110WN MAY HAVE BEEN REDUCED BY YAIO CLMM$. _ POLICY NUMBER LTR NCR rvrE OF IN6URANCE DATg DATE LIMITS GENERAL lIABiLRY I EACNOCCURRENCE t a, GOO, OOO ~D' ' 1100,000 ~ X R colv~RCIALGFNERALLIABtLm 1678001022 02/07/03 ~ 02/07/04 pREL418FSIEaoaul'eI10i1 -. ~ ~ CIAN.IS W1DE n OCCUR I MED F>(P (MY e~ PK~ i s , 00 0 -_ . - _- X Incl Ulidergrauad ~ PFRSONAL6ADVINJURV s 2, 000, 0 ' - -- ~- TE s 2.000, 000 _.., .,..._ - GENERALAGGRE ~PAQCa i 2, OGO, OOC PRppUtT9 -CAMP . NL Al30REGATE LIMIT APPLIES PER; ~ GE $ POLICY P~ LOC AUTOMpe1LE LIABHJTY J COMBINED SINGLE LIMMT i Z , O O O , 00 8 I ANVAUTD 01915227-0 11/03/02 II/03/03 ; IEescddela! ' u ~ owNEO auTOS aOOILV INJURv . , SCNEDUlEO AUT09 I IP9I ~~I - '- t HIRED AUTOS AUT09 WN ~ BOplly INJURY (Pd SOCgMI- i - NON-O ED P POOPERTY DAMAGE s ... .~. .- ...- I (Der ~CCIGeM) AUTO ON4Y • EA ACCIDENT S ' I pAAAGB II~OBMJTY '' C S I ANY AUTO OTHER THAN ~ AG .- ~ I ; AU70 ONLY: AGG : ITY l EACH OCCURRENCE S. , -_,-, „_ 1 . E]ICE96A1MBRELLA LuB1 ~ ~ OCCUR n CLAIMS MADE AOOREflATE f _. -.-. h-- J -..._ _ s -.. '.- s .~- -- ~ -- pEDUCT~6LE . i RE TEN710N 6 - X TORY LIIA~Tg_ _ ER .. nO EMp RhER9 C~ercoATtaw AJNi LOYEit9•LIA&LrcY 02 10/15/03 EACMACCroEN7 L ~E 3100,000; C Bg~F 702?829 10/15/ _ . . ~ .. _ - _.. ANY pgOPR{ETORMARTNER/F~IECUTIVE RMEMBERE%CLUDEU7 ~ E1 L_ pt9FASE - FA EMPLOYE -_.-- ~ 1OO , OOO OFF tl yytt SPc IGE ss~ descr~oe uWer LUL PRO'v15ION5 tielor: EL OtSEASE - POLICY LBMT i 5O O , O O O OTHER , I INSURERS AFFORDING COVER/taE RAti" .. -. INSUReR a: BVitLIN(~TON -. _.. __ INSURER B: Progressive Sxpraeo Ine. Co• 02962 .. ~SURERC AMCOn~ PRBFaRxBD iNSV~-NC8 - _ INSURER 0: _ _...:._ INSURER E: DESCRWTIOk OF OPERATION6! LOCATION!lVEWCLE' f EXGIU'd10Id ADDlD ®Y ENDORSEMENT I9PEQAL PNOIn9Alnlb Village of Tequesta aG Reese Msaon tesoc. & Their )~Iployees are listed additonal inusred. tot:atian-6415.LakeWorth Ste-307 Lakew"orth Fl 33453-2907 30 days cancellation except 10 days for noapay. CERTIFICATE HOLDER ' Village of Taq~testa :50 Teque9ta Drive Ip300 Tegueata >IZ 33469 ' AcoRD 2s I~ootroe~ ~~~~~ aNQULD AMT DF TMC ggl1G YCJMr.VCV rw-.~ -- - DAT! THEREOF, T11E IS31A1101N8URER WILL ENDEAVOR TO MAIL 3 0 DAYS WRITTEN NOTICE TO TMF CERTIFICATE MOLO€Ti NAMED 70 THE LEFT. BifT FAILUFF TO DO 90 QIL4LL WPOSE NO OBLIGATION OR LIABILf7Y OF AMY KIND UPON T11Q INSURER. ITS IR+ENT9 OR RFpRl38NTATweb--.w.M.c - ®ACARD