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Home My WebLink AboutDocumentation_Regular_Tab 10G_4/11/2002memo Date: 4/8/02 To: Village Manager Michael R. Couzzo, Jr., Village Council From: Mary Wolcott, Village Clerk f RE: ITEM X.G. of the Agenda (Resolution No. 39-01/02) Please note there was a typographical error on the agenda on Resolution No. 39-01/02, which is item X.G. Instead of awarding the bid for $565,742.93 it is only $56,742.93. Thank you. f1 Y**e Of% MEMORANDUM To: Michael R. Couzzo, Jr., Village Manager From: Russell K. White, Public Services Supervisor Qjr-4J Date: April 4, 2002 Subject: Village Council Agenda Item for April 11, 2002; Consideration Of Bid Award to AMPCO Electric of Fort Lauderdale, Florida, For Installation of Electrical and Lighting for Main Street, in the total amount of $56,742.93 (without Alternate) $48,330.33 and funds Being appropriated in the Capital Projects Fund; Main Street Phase II; Streetlights in the Amount of $150,000; Account 300-303-663.660 The Bid Opening for the installation of electrical and lighting for Main Street is scheduled April 4, 2002 at 2:00 p.m. Three (3) electrical firms picked up bid documents early in March, however, only one bid was received this date for the bid opening. Please find attached, Bid Documents from AMPCO Electric, marked Exhibit "A" to provide for the installation of Electrical and Lighting for Main Street, in the total amount of $56,742.93. Please note that without alternate the amount is $48,330.33. Please place this item on the April 11, 2002 Village Council Agenda for Councilmembers' consideration. /mk Attachments AMPCO Bid W INSTALLATION OF ELECTRICAL AND LIGHTING IN MAIN STREET BID OPENING APRIL 4, 2002; 2:00 P.M. 136 BRIDGE ROAD Company Address/Date Received Bid Amount AMPCO ELECTRIC 3949 SW 12 Court, Ft. Ldle, FL 33312 $56,742.93 Attn: John Zoerhof Received at 1:21 p.m. w/out alternate• $48,330.33 A MARY WATT Did not submit ARM ELECTRIC Did not submit STATEMENT OF BIDDER'S QUALIFICATIONS INSTRUCTIONS: All questions must be answered and the data given must be clear and comprehensive. The statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. QUESTIONS: 1. Name of Bidder? 2. Permanent main office address? 3. Date when Bidder was organized or formed? 4. If a corporation, where incorporated? 5. Number of years Bidder has been engaged in the contracting business under your present entity or trade name? 6. Contracts on hand? (amount, date of completion) 7. General description of services performed by your organization? 8. Have you ever defaulted on a contract? If so, where, when and why? 9. List at least five important projects recently completed by your organization, stating your contract price, scope of service performed, end when completed? 10. List your equipment available for performance of this contract? 11. Resumes of corporate principals, and the superintendent assigned to this project? 12. Credit line available? 13. Bank references? 14. Vendor and/or material supplier references? 15. Will you, upon request, provide a detailed financial statement to Village of Tequesta? 57'�0 ;.. MiaR-2i 02 04:49 FROM:T. J. MESSLERINC. ivvl TO: From: Subject: Date: 15616241569:95 5846865 PAGE:02 M4. Messier 41t \ \ CONSULTING ENGINEERS 11211 Prosperity Farms Rd., Suite C•301. Palm Beach Gardens. Florida 33410 Phone (581) 627-2226 Fax (561) 624-1568 MEMORANDUM All Bidders Messler & Associates Main Street March 20, 2002 ADDENDUM #1 INSTALLATION OF ELECTRICAL WIRING AND LIGHTING MAIN STREET TEQUESTA, FLORIDA MARCH 19, 2002 The following shall be made part of the project bid documents. 1. The in ground i nspection/j -boxes at each light pole shall be included in the bid as an add/alternate. 2. The routing of SL 6,8 shall remain with the contractor. The plan shows the location of the existing conduits and the sizes. All of these conduits are available for use. The access to the main panel is located at the west side of building 'W'. 3. If additional conduit is required, it shall be made part of the bid. 4. SL 10 is the service for the future irrigation controller and shall be routed through the existing conduit in combination with the lighting electrical. S. The Village wiU have the existing conduit marked for the contractor prior to commencement of construction. ''AMPC0 RECERKI-C 3949 SOUTHWEST TWELFTH COURT FORT LAUDERDALE FLORIDA 33312 PHONE: 954 / 584-1642 FAX: 954 / 584-6865 STATE LIC# EC000249 STATE OF BIDDER'S QUALIFICATIONS ANSWERS: 1. AMPCO ELECTRIC, INC. 2. 3949 SW 121H COURT, FT. LAUDERDALE, FL. 33312 3. JANUARY 1971 4. FLORIDA 5. 31 YEARS 6. BROWARD COUNTY SCHOOL BOARD $353,500.00 COMPLETION 3/31/02 PUMP STATION S-9A-RFP $500,000.00 NORTH DISTRICT WWTP $75,000.00 10% COMPLETED 7. COMPLETE ELECTRICAL WIRING AND INSTALLATION 8. NO 9. SEE ATTACHED 10. SEE ATTACHED 11. SEE ATTACHED 12. YES 13. FIRST UNION LIZA MILLER (954) 467-5330 14. SEE ATTACHED 15. YES . April 4, 2002 AMPCO ELECTRIC, INC. SINCE 1971 AMPCO ELECTRIC, INC. FLORIDA STATE SYSTEMS, INC. 3949 SW 12 COURT FT. LAUDERDALE, FL. 33312 (954) 584-1642 FAX (954) 584-6865 III PAST COMPLETED PROJECTS III CONTRACT #DACW17-96-C-0042 PUMPING STATION 332D RESTORATION HOMSTEAD, FL. COMPLETE ELECTRICAL WIRING SYSTEM. CONTRACT DOLLAR VALUE: $252,862.00 COMPLETION DATE: 12/97 CONTRACTOR: HARRY PEPPER & ASSOCIATES 2. FLORIDA STATE SYSTEMS, INC, A WHOLLY OWNED SUBSIDIARY OF AMPCO ELECTRIC, HAS COMPLETED OVER $5,000,000. OF WORK IN THE YEAR 2000. 3. UTILITY BOARD OF KEY WEST COMPLETED 9/2001 CONSTRUCTION OF THE NEW 138 KV TRANSMISSION LINE #9 STOCK ISLAND TO BIG COPPIT KEY $2,785,403.00 4. CITY OF CLEWISTON COMPLETED 11/2001 SUBSTATIONS MODIFICATIONS AND SECOND 138KV TRANSMISSION LINE 3 '/2 MILES. $998,040.00 5. CITY OF LAKELAND COMPLETED 1/2002 RELOCATION OF AN EXISTING SECTION OF A 230 KV TRANSMISSION LINE $276,750.00 6. CITY OF HOLLYWOOD COMPLETED 2/2002 ELECTRICAL SERVICE MAINTENANCE CONTRACT $117,179.00 FLORIDA STATE SYSTEMS EQUIPMENT AND HOURLY RATES OPERATOR NOT INCLUDED REV. 3/26/02 DESCRIPTION RATE YEAR 1 BUCKET TRUCK 50-55' 2W DRIVE $ 34.00 BUCKET TRUCK 50-55' 4W DRIVE $ 38.76 BUCKET TRUCK 55-65' 2W DRIVE $ 38.76 BUCKET TRUCK 55-65' 4W DRIVE $ 44.80 BUCKET TRUCK 75' WORKING HEIGHT $ 39.00 BUCKET TRUCK 100' WORKING HEIGHT $ 55.00 BUCKET TRUCK 105' WORKING HEIGHT $ 57.00 CRANE DIGGER 2W DRIVE TO 15,000# $ 36.74 CRANE DIGGER 4W DRIVE $ 39.43 CRANE DIGGER 6X4 20,000# $ 47.60 CRANE DIGGER 6X6 20,000# $ 53.20 FLEX TRACK W/48' AERIAL LIFT $ 56.09 FLEX TRACK PRESSURE DIGGER 20' DEPTH $ 65.80 PRESSURE DIGGER TO 43' DEPTH $ 74.58 PRESSURE DIGGER TO 20' DEPTH $ 55.31 SERVICE TRUCK 1 TON $ 23.19 PICK-UP TRUCK 3/4 TON $ 20.39 KNUCKLE BOOM TRUCK 7600# 4W DRIVE $ 32.20 DUMP TRUCK 5 TON $ 30.15 SINGLE AXLE TRUCK TRACTOR $ 27.84 TANDEM AXLE TRUCK TRACTOR $ 42.68 LOW BOY TRAILER 50 TON $ 23.20 BACKHOE 555 $ 27.37 BACKHOE 755 $ 42.68 EQUIPMENT TRAILER $ 8.81 AIR COMPRESSOR $ 9.27 TRENCHER WALK BEHIND ROCK $ 10.69 TRENCHER SMALL ROCK $ 20.89 TRENCHER LARGE ROCK $ 39.43 MATERIAL TRAILER $ 3.71 POLE TRAILER $ 11.60 SMALL BULLDOZER $ 30.15 WINCH TRUCK $ 39.36 TENSIONER $ 13.36 4 DRUM PULLER $ 60.30 JET PUMP AND WATER TANK $ 29.40 REEL STANDS $ 3.10 5 DRUM PULLER-TENSIONER $ 69.58 SINGLE DRUM PULLER-TENSIONER $ 30.16 PILOT WINDERS small 3/8" roe $ 7.70 HYDRAULIC TREE SAWS $ 2.80 JACK HAMMER $ 2.80 4' TO 6' AUGER PER DAY $ 210.00 FLORIDA STATE SYSTEMS, INC. and AMPCO ELECTRIC, INC. 3949 SW 12 COURT FT. LAUDERDALE, FL. 33312 (954) 584-1642 FAX (954) 584-6865 III PAST PERFORMANCE OF KEY EMPLOYEES -III MICHAEL KATULKA, SR. Michael Katulka has been president and qualifier of Ampco Electric, Inc. since 1971 and Florida State Systems, Inc. since 1982. He has been a Master Electrician since 1967 and received his State Certification in 1975. He has managed all types of projects up to five million dollars. They included Broward County Schools, Broward and Dade County Waste Water Treatment Plants, Pump Stations for South Florida Water Management and Corp of Engineers, Florida Power & Light — Overhead and Underground Distribution lines, and Ft. Lauderdale and North Perry Air Ports. Past Member of Broward County Central Examining Board Past President NECA Past member ABC Board of Directors Past President of ABCI Presently on Board of Directors Apprenticeship & Training ABCI Presently Treasurer of Assoc. Builders & Contractors Institute AN AMPCO ELECTRIC, INC. FLORIDA STATE SYSTEMS, INC. 3949 SW 12 COURT FT. LAUDERDALE, FL. 33312 (954) 584-1642 FAX (954) 584-6865 III PAST PERFORMANCE OF KEY EMPLOYEES III CHARLES KATULKA Charles Katulka has been Vice President of Ampco Electric since 1975. He has managed all types of electrical projects ranging in size to two and one half million dollars. Included are pump stations, waste water treatment plants, air port lighting and control projects, and FPL underground distribution installation, including duct banks. Mr. Katulka also holds Certificate of Competency licenses in Broward, Dade, and Martin Counties. ECTRIC, INC. ,. rE SYSTEMS, INC. SW 12 COURT 3ERDALE, FL. 33312 954) 584-1642 ( (954) 584-6865 -kNCE OF KEY EMPLOYEES RN ZOERHOF ELECTRICIAN SINCE 1993 WITH ;ES OF THE ELECTRICAL FIELD. 'TIFIED ELECTRICAL APPRENTICESHIP D BY ASSOCIATED BUILDERS AND E. ND DISTRIBUTION INSTALLATION SINCE R"/INDUSTRIAL SINCE 1995. R FOR FLL/PERRY AIRPORT VASI PAPI. MATORIPIJRC14ASTNG AGENT SINCE 1997. C, INC. 7EMS, INC. 'IATES, INC. TRT .L. 33312 865 LKA: AND EXPERIENCE "S ELECTRICAL IC. -LINE CONSTRUCTION Ids a state electrical masters license. 5, INC. and qualifier for ELECTRIC Ira Katulka and Michael Katulka. reship Program, administered by the e graduated in 1986, became a ate of Florida Electrical Master in -om the university of Arizona. r, Pompano Service Plaza, Macy's , Sunset Harbor N. Tower nsmission lines, splicing and ttion, overhead distribution, duct AMPCO ELECTRIC, INC. FLORIDA STATE SYSTEMS, INC. 3949 SW 12 COURT FT. LAUDERDALE, FL. 33312 REFERENCES HARRY PEPPER & ASSOC. DAVID PEPPER (904) 721-3300 215 CENTURY 21 DR. JACKSONVILLE, FL. 32216 SCHOOL BOARD BARRY HELLMAN (954) 928-0210 3810 NW 10 AVE. FT. LAUDERDALE, FL. 33309 UTILITY BOARD OF THE CITY OF KEY WEST DALE FINIGAN (305) 295-1044 1001 JAMES STREET, KEY WEST, FL. 33040 FT. LAUDERDALE AIR PORT DENNIS CRESS, P.E. (954) 359-6100 BROWARD COUNTY AVIATION DEPARTMENT 320 TERMINAL DRIVE, FT. LAUDERDALE, FL. 33315 FLORIDA POWER & LIGHT CO. TOM WAGNER (561) 616-1681 810 CHARLOTTE AVE., WEST PALM BEACH, FL. 33401 FLORIDA POWER & LIGHT CO. BRUCE HICKMAN (954) 381-5128 4401 NW 112 AVE., SUNRISE, FL. 33323 PERRY AIRPORT STEVE HOCKMAN (561) 451-9165 X 30 BOCA RATON AIRPORT DON CURRIE (561) 391-2202 3766 AIRPORT RD. SUITE 304 BOCA RATON, FL. 33431 CITY OF CLEWISTON - SUBSTATIONS MODIFCATIONS AND SECOND 138KV TRANSMISSION LINE 31/2 MILES. MARIO L. LACACI, P.E., UTILITY DIRECTOR. CITY OF CLEWISTON, 141 CENTRAL AVE., CLEWISTON, FL 33440 (863)983-1454 CITY OF HOLLYWOOD, TOM FENTON (954) 921-3299 FACILITIES MAINTENANCE P.O. BOX 229045 ROAD CITY OF HOLLYWOOD, FL 33022-9045 STATE OF FLORIDA COUNTY OF BROWARD MICHAEL KAT[JLKA , being first duly sworn, deposes and says that: 1 The undersigned is PRESIDENT (Owner, Partner, Officer, or Agent) of AMPCO ELECTRIC, INC. the Bidder that has submitted the attached Bid. 2 The undersigned is fully informed respecting the preparation and contents of the attached Bid and of any and all pertinent circumstances respecting such Bid. 3 Such Bid is genuine and is not a collusive of sham bid. 4 Neither the said Bidder nor any of its directors, officers, partners, Owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with,the contractor for which the attached bid has been submitted, or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly sought by agreement of collusion or communication or conference with any other Bidder, firm or person, fix the price of prices on the attached bid or of any other Bidder, or to fix any overhead, profit of cost element of the Bid price, or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance of unlawful agreement, any advantage against VILLAGE OF TEQUESTA, or any person interested in the proposed Contract. 5 The price or prices quoted in the attached Bid are fair and proper, and are not tainted by any collusion, conspiracy, connivance of unlawful agreement on the part of the Bidder or any of its agents, representatives, Owners, employees, or parties in interest, including this affiant. I S 1"I to ' AMPCO ELECTRIC, INC. _APRIL 4, 2002 (Name of Bidder) �p (Date) PRESIDENT ` (Signature) (Title) NOTARY PUBLIC: Subscribed and sworn before me this 4th day of My commission expires SUSAN J MUMBY NOTARY PUBLIC STATE OF HMMA COMMISSION NO. CC913001 MY COMMISSION EXP. MAR 24 APRIL OFFICE MANAGER (Title) SEAL 2002 . Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Ampco Electric, Inc. 3949 S.W. 12th Court, Ft. Lauderdale, FL 33312 as Principal, hereinafter called the Principal, and United State Fidelity & Guaranty Company 600 N. Westshore Blvd., #400, Tampa, FL 33609 a corporation duly organized under the laws of the State of Maryland as Surety, hereinafter called the Surety, are held and firmly bound unto Village of Tequesta, 250 Tequesta Drive, Ste. 300, Tequesta, FL 33469 as Obligee, hereinafter call the Obligee, in the sum of Five Percent of Amount Bid( 5% for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal has submitted a bid for Installation of Electrical and Lighting Main Street Tequesta Village Center NOW, THEREFORE, if the Obligee shall accept the bid of the principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed April 4, 2002. Witnesses: Ampco Electric, Inc. (Seal) JJ B l United States Fidelity & Guaranty Company r (Seal) r B 1-14 Michael A. Holmes, ttorney-In-Fact and Florida Resident Agent beSlftl Power of Attorney No. POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 22624 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. 9 9 2 4. 5 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint G. W. Fitch, Gerald J. Arch, Michael A. Holmes and James F. Murphy Ft. Lauderdale Florida of the City of , State , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 9th day of July 2001 Seaboard Surety Company united States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company o r StWFry �1rF \�w,ias� p.. ��s�a� YMrp d', N�nv� �O `.SEAL;tit ��:SSAL,�� i � 1896 � 7C 1977� 1951 OFNc^l+ ,9 �fM.:.A.M� 'it...._..'1 f'� Atli /^• State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this day of July 2001 before me, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. °GP E-AS��y 0 � In Witness Whereof, I hereunto set my hand and official seal. a PCTAgY i UBUC i My Commission expires the 13th day of July, 2002. yogEc.Tx a° REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U.S.A. BONDS Thursday, April 04, 2002 Village of Tequesta c/o Ampco Electric Inc. 3949 SW 12th Court Fort Lauderdale, FL 33312 Brown & Brown, Inc. 5900 N. Andrews Avenue, Suite 900 (Zip: 33309) P.O. Box 5727 Fort Lauderdale, FL 33310-5727 954/776-2222 • FAX 954/772-7542 Statewide 1-800/339-0259 Re: Village of Tequesta, Installation of Electrical & Lighting Main Street Tequesta Village Center To Whom It May Concern: Per your request for evidence of bondability, this letter is to advise you that Ampco Electric Inc. is set up for bonding with United States Fidelity & Guaranty Company. Our company has bonded Ampco Electric Inc. for projects similar in scope to this job and have found them to be an outstanding electrical Contractor, with a good reputation in the construction industry. If Ampco Electric Inc. has a low bid acceptable to all parties, if adequate financing is confirmed, and if all other normal underwriting requirements are met, with surety approval, we look forward to providing a final bond. As this is a letter of recommendation and not a bid bond, Brown & Brown, Inc., United States Fidelity & Guaranty Company, their agents and owners accept no liability for it's contents. The Surety reserves the right to review each submission and base their final decision upon conditions which exist at the time of request. If I can be of additional assistance, please do not hesitate to call. Sincerely, - - 41- Michael A. Holmes, ARM, CIC Attorney--In-Fact for United States Fidelity & Guaranty Company MEMBER OF NATIONAL ASSOCIATION OF SURETY BOND PRODUCERS TheStPaul Power of Attorney No. POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company 22624 United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Certificate No. Q 9 2 4` 7 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint G. W. Fitch, Gerald J. Arch, Michael A. Holmes and James F. Murphy Ft. Lauderdale Florida of the City of , State , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings. allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this 9th day of July 2001 Seaboard Surety Company United States Fidelity and Guaranty Company St. Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St. Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Mercury Insurance Company $t%�fly BMW __ O�'M. �MS`A Jpf, �w3V9M1 �"Y�Q •y�y� State of Maryland City of Baltimore THOMAS E. HUIBREGTSE, Assistant Secretary On this 9th day of July 2001 , before ine, the undersigned officer, personally appeared John F. Phinney and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. P EA e� In Witness Whereof, I hereunto set my hand and official seal. NOrARY � P� e4C My Commission expires the 13th day of July, 2002. 9f Cal ao *k4M—AA44 - J1-0-#A& REBECCA EASLEY-ONOKALA, Notary Public 86203 Rev. 7-2000 Printed in U.S.A. APR. 3.2002 3:18PM LIB. MUTUAL 954-851-0853 N0.638 P.2i2 Cortil hie certificate h leaped as a mow of informatioa only and confers no rigbrs [�=tcnd, leate of Insurance u you the oerdIIato holdor. This cer0cate is not on insurance policy cad does not &mead, or alder the coveraAe afforded by the policim listed below. This b to cortify that (Name and address of Insured) 11 Ampco Electric, Inc. Florida State Systems, Ina 3949 sw 12th Court `1 mut Ft. Lauderdale. FL 33312 ti�-� im ) pste4 bolow. Iho inatitence a$a ed y e fisted poliey(ie3) is subjat m all their of any contract or a;her docgmetit with respect to which this cetifeate may be is, at the issue dare of this certificate, insured by the Company under the polley(t tetra&, exclusions and conditions and is not glt=4 by any regUitentent, term or coAltion iaatied• Exairation Tyne —ExpirationiDsteM Polig Num e aLimits; a rLiabl[lity Continuous' Coverage aAordod updar WC law of Employers Liability Extended the following states; Bodily Injury By Accident X Policy Term Each Accident Bodily Injury By Disehwo Policy Limit Workers Compensittlon Bodily Injury By N"ase Each Person 1111/02 TB7-151-27726 -p31 Goncral Aggregatc-Other than Prod/Compleiod Operations General Liability $2 000 000 Products/Completed Operations Aggregate Claims Made $2 000 000 ?i Occurr ncv Bodily Injury and Property Damage Liability Per 1 000 000 Occurrence Retro Date Personal and Adyertising Injury Per Person / 000 000 Orffanintion Other Liability Other Liability S300 000 Pram, rented to you S 10,000 Medical Eajwantl AS2.151.27726 -021 Itch Accident - Single Limit - B. I. and P. D. Combined Automobile Liability $1,000,000 Each Person x owned X Non -Owned Each Accident or Occurrence Hired Each Accident or Occurmnce IImbrellaExcess Liability ll/l/02 THI-151.2772 011 d4,00o,=shig1climit for Wily lajury rind Property Damage over underlying licit C O M M E N T S 'Uthe "niScgte expiration doto is cgntinnoca or extended tmN you will ben lied if coverage is zaftw ta4 or rpduccd bdore the eetriease expiration date. However, you will not be nodfle4 annually of the continuation of eoyerage. Special Notice - Ohio: Any person who, with intent to defraud or knowing d A; he / sho is facilitaring a fraud spinal an inmaer, sabmirs as application or ;pea a claim containing a falso or deceptive amtcrncot is guilty of insurance fraud, knportsm information to Florida policyholders and coRfScato holders: in the cv contact your local saleg producer, whoso name and t"hone number appears It t you have any questions or need information about this coniflcatc for any reason, please the lower right bend comer of this eorti0cm. The appnopriare local sales office moiling AMMI may pbo be obtained by calling this ntmibet. Notico of concollation: (not applicable unless is number of days is entered bel ) afforded tinder t4uboyc policies until at least 3o days nodoo orsuch cancel, , 11oforo die stated expiration date the company will not caaeel a redncc the imauraaee a boa been mailed to: Village Of SG Certificate zso Tequata drive, sake ado ts, Holder Taquesta, FL 33469 James R Filet i Aathorhod Rcprercntatire I Ofte / Phone Ft. Lnuderd&le, FL 19$4-651.1050 Thu cvrsificaie it sxeCtated by bjbmty MYgial I�mnneo d u t Dato Issued; 4/3/02 Prepared By: v5 royp tnapeen arh u>ogroox N L I if Nged by it im eompogias. 11t 1006a ,AGORA CERTIFICATE OF LIABILITY( INSURANCE—CSR TS DATE(MMODIM Gulfstream Insurance Group Inc P.O. Box 8908 Fort Lauderdale FL 33310-8908 Phone:954-561-2220 AMPCO Electric, Inc. Florida State Systems, Inc. 3949 S.W. 12th Court Fort Lauderdale FL 33312 1 t%f1\ 2 e A n CO-1 04/03/0: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER FCCI Insurance Co an INSURER B INSURER C: INSURER D: INSURER e THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER DATE MM/D POLICY EXPIRATION DATE (MMIDDIM LIMITS GENERAL LIABILITY MERCIAL GENERAL LIABILGY CLAIMS MADE OCCUR p:7 EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED EXP (Airy one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GENLAGGREGATE LIMIT APPLIES PER: POLICY JETO. LCC PRODUCTS - COMP/OPAGG $ I AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Es aoddent) $ BODILY (Per (Per person) person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG f $ EXCESS LIABILITY OCCUR CLAIMSMAZ= DEDUCTIELE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ A WORKERS COMPENSATION AND EMPLOYERS'LIABIUTY OTHER 01WC01A48525 03/01/02 03/01/03 B TORY LIMITS J'IER E.L. EACH ACCIDENT $ 500000 E.L. DISEASE - EA EMPLOYEE $ 500000 E.L. DISEASE - POLICY LIMIT $ 500000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECUIL PROVISIONS CERTIFICOTF FIAT nFa N I ADDITIONAL INSURED; INSURER LETTER: TEQUES3 Village of Tequesta 2S0 Tequesta Drive, Ste 300 Tequesta FL 33469 vLLVA I IV17 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIC DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .IQ- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. tny1) ACORD CORPORATION 1988 No Text 29 REVEM CO LEI?I 4 D!0117C�: SRO U CWNTY, RCRIP W O c 1 17r /�1 r Qf, u/`l1 r ii 7•i'l r•-• a '; lljp W p O w LL Lo N � p 4 to I i ilj 2i.aO a W O CO " o - way Ca om o`m T111 IE- A , . _ .r . 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You should carry this card with you at all times. 7 KATULKA, MICHAEL A 2300 SW 154 AVE FT LAUDERDALE FL 33326-2014 L 503-207 (5/98) st�-Z�t'.-..•-,� .+L `=��\,L-�y.Y !- �a �_—��j1.L` rya-` ��r�T��C:/,►`?�,,,,��{��V�iC�i • BARS\E1"�` e� �+ EFL Pa. 3.99�W351 �PtEGpUN� . v6 0,� t F.T `D capi2rV G� 1, yG CO . i cR AQC t : O G� { , FVOR'NG J O `ORS No Text AN PROPOSED MAIN STREET LIGHTING VILLIAGE OF TEQUESTA BID FORMS - FEBRUARY 2002 1 OF 1 ITEM NUMBER DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1 ELECTRICAL ITEMS 1.01 INSTALL WIRING L.S. 1 9098.29 9098.29 1.02 INSTALL POLE EA 23 914.32 21029.36 1.03 INSTALL POLE FIXTURE EA 23 121.401 2792.20 1.04 WELL LIGHT FIXTURE EA PROVIDED BY OWNER IN SPECIFICATIONS 1.05 INSTALL WELL LIGHTS JEA 12 1053.92 12647.04 1.06 ICONNECT TO PANEL IL.S. 1 1 2763.441 2763.44 SUBTOTAL $ 48,330.33 ADD/ALT. 1 IGROUND ROD INSP. BOX JEA 1 351 240.361 8412.6 TOTAL WITH ALTERNATE $ 56,742.93 f CONTRACT DOCUMENTS FOR: INSTALLATION OF ELECTRICAL AND LIGHTING MAIN STREET TEQUESTA VILLAGE CENTER OWNER: VILLAGE OF TEQUESTA 250 Tequesta Drive, Suite 300, Tequesta, FL 33469 ENGINEER: MESSLER & ASSOCIATES 11211 Prosperity Farms Road, Suite C-301, Palm Beach Gardens, FL 33410 DATE: FEBRUARY 11, 2002 CONTRACT DOCUMENTS TABLE OF CONTENTS SECTION 1 - INVITATION FORBIDS SECTION 2 - INSTRUCTIONS TO BIDDERS SECTION 3 - AGREEMENT SECTION 4 - GENERAL CONDITIONS SECTION 5 - SPECIAL CONDITIONS SECTION 6 - TECHNICAL SPECIFICATIONS SECTION 7 - BID FORMS SECTION 8 - FORM OF NON -COLLUSION AFFIDAVIT OF PRIME BIDDERS SECTION 9 - FORM OF BID BOND SECTION 10 - STATEMENT OF BIDDERS QUALIFICATIONS SECTION 11 - FORM OF PERFORMANCE BOND SECTION 12 - FORM OF PAYMENT BOND SECTION 13 - LIST OF DRAWINGS 1. Electrical Plan 2. Electrical Detail SECTION 14 - CERTIFICATES OF INSURANCE SECTION 1 INVITATION FOR BIDS INVITATION FOR BIDS FOR INSTALLATION OF ELECTRICAL AND LIGHTING TEQUESTA VILLAGE CENTER VILLAGE OF TEQUESTA, FLORIDA Sealed bids for the installation of electrical wiring and light fixtures at Tequesta Village Center, Tequesta, Florida, will be received by THE VILLAGE OF TEQUESTA at 136 Bridge Road, Tequesta, FL 33469, at 2:00 P.M. local time on April 4 2002 A MANDATORY pre -bid meeting and an inspection of the proposed project site will be held at 10:00 A.M., local time on March 12, 2002. Contract Documents, including construction drawings and technical specifications will be available and may be examined at the offices of MICHAEL F. ESTOK, UTILITY DIRECTOR located at 136 Bridge Road, Tequesta, FL 33469. The non-refundable price for each set of the Contract Documents is $25.00 certified check or cash. Addenda, when issued, will be provided to all those who obtain complete sets of the Contract Documents. A certified check or a satisfactory Bid Bond executed by the Bidder, and an acceptable surety in an amount equal to five 5%) percent of the Bid total shall be submitted with each Bid. VILLAGE OF TEQUESTA reserves the right to reject any or all Bids and/or to waive any informalities in the Bidding process. VILLAGE OF TEQUESTA reserves the right to determine the actual start date of the construction work at the Tequesta Village Center. It is anticipated that construction may start on or before and be completed by Bids may be held by VILLAGE OF TEQUESTA for a period not to exceed thirty 30 days from the date of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of the Bidders, prior to awarding the Contract. No Bidder may withdraw his Bid within this period. FOR: VILLAGE OF TEQUESTA Michael R. Couzzo, Jr. Village Manager SECTION 2 INSTRUCTIONS TO BIDDERS 1. Shipment of light fixtures is expected on or about April 17, 2002. Successful Bidder may choose to proceed, prior to receipt of fixtures by owner, to install wire, conduit, light pole bases, etc. 2. Successful Bidder shall be responsible to transport the fight fixtures, light poles, and related material from its storage site at 901 North Dixie Highway (Tequesta Water Treatment Plant), Tequesta, FL 33469 to the construction site known as "Main Street". The Successful Bidder shall assume all responsibility for the handling of the material during the loading and transportation of the materials to the site. 3. Successful Bidder shall be responsible for the safekeeping and storage of the light poses, fixtures and related material brought to the site. INSTRUCTION TO BIDDERS 2.0 DEFINED TERMS Terms used in these Instructions to Bidders, which are defined in the General Conditions of the Project Manual, have the meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a Bid directly to the OWNER as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the most qualified, responsible Bidder to whom the OWNER (on the basis of the OWNER'S evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Invitation For Bids, Instructions to Bidders, Agreement, General Conditions, Special Conditions, Technical Specifications, Performance Bond, Payment bond, Certificates of Insurance, Drawings, and all Addenda issued prior to receipt of Bids. Other terms used in The Bidding Documents and not defined elsewhere have the following meanings which are applicable to both the singular and plural thereof: OWNER: Village of Tequesta 250 Tequesta Drive, Suite 300 Tequesta, FL 33469 Phone: 561-575-6200 PROJECT MANAGER: Michael F. Estok 136 Bridge Road Tequesta, FL Phone: 561-575-6260 ENGINEER: Messler & Associates 11211 Prosperity Farms Road, Suite C-301 Palm Beach Gardens, FL 33410 Phone: 561-627-2226 3.0 QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the Work, each Bidder must submit the Statement of Bidders Qualifications with his Bid as written evidence that the Bidder is financially qualified, has previous experience with similar projects, and is licensed and qualified to do business in Palm Beach County and the State of Florida. The OWNER may make such investigations as it deems necessary to determine the ability of the Bidder to perform the Work, and the Bidder shall furnish to the OWNER all such information as the OWNER may request. The OWNER reserves the right to reject any proposal or Bid if the evidence submitted by or investigation of such Bidder fails to satisfy the OWNER'S sole discretion that such Bidder is properly qualified to carry out the obligations of the contract and to complete the Work contemplated therein, or has failed to properly perform or complete on time any contract. 3.0 COPIES OF BIDDING DOCUMENTS A. Complete sets of the Bidding Documents may be obtained from the PROJECT MANAGER for the non-refundable sum as stated in the Invitation For Bids. Page 2 B. Complete sets of Bidding Documents must be used in preparing Bids; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. C. OWNER and ENGINEER in making copies of the Bidding Documents available on the above terms, are distributing copies for the purpose of obtaining Bids on the Work only, and do not confer a license or grant for any other use. 4.0 RECEIPT AND OPENING OF BID A. All Bids shall be submitted in sealed, opaque envelopes clearly labeled "Bid Documents" along with the name, address and telephone number of the Bidder, and the Contract Document Set Number. B. The time scheduled for the receipt of Bids shall be in accordance with the Invitation For Bids. After the Bids have been examined, the results may be made public; but until the actual award and execution of a contract, the OWNER reserves all its rights to the rejection of any and/or all Bids. 5.0 PREPARATION OF BID PROPOSALS The proposal forms for the contract are included in the Contract Documents. The Bidder is required to use the forms and submit his unit prices for all work on the enclosed forms that shall complete the proposal and be sealed and intact to the OWNER. All blank spaces must be filled in as noted in ink. Proposals must give the prices proposed both in words and figures with amounts extended and totaled where required. No changes shall be made in the forms or any of the contract documents. Erasures and other changes in the Bid must be explained or noted over the signature of the Bidder. In the event of any discrepancy between the written amounts and the figures, the written amounts shall govern. Landscape item as designated on bid form shall be itemized as an "Add Alternate". The Bidder shall sign his proposal in the blank space provided for this purpose. If the proposal is made by a partnership or corporation, the name and address of the partnership or corporation shall be indicated, together with the names and addresses of the partners or officers. If the proposal is made by a partnership, it must be acknowledged by one of the partners; if by a corporation, by one of the officers. Bidders shall furnish with their Bid proposals the following Bid proposal Documents: • Statement of Bidders Qualifications. • Form of Non -Collusion Affidavit of Prime Bidders. • Certified check or Bid Bond in the form required. • Certificate of Surety. • Certificate of Insurance. • Copy of Workers Compensation coverage • Copy of Contractor's License Page 3 - Copy of Palm Beach County Occupational License. - Unit Price Bid Form. 6.0 OBLIGATION OF BIDDER At the time of the Bid opening, each Bidder will be presumed to have thoroughly and completely inspected the site of the Work, to have read and to be thoroughly familiar with the Bidding Documents (including any addenda). The failure or the omission of any Bidder to receive or examine any form, instrument, or document shall in no way relieve any Bidder from any obligation in respect to his Bid. Each Bidder must be fully informed of the conditions relating to the State of Florida construction and labor laws under which the Work will be performed. Failure to do so will not relieve a successful Bidder of his obligations to furnish all material, labor, equipment and supervision necessary to carry out the provisions of the Contract Documents, and to complete the contemplated Work for the consideration set forth � his bid. Insofar as is possible, the CONTRACTOR in the carrying out of his Work, must employ such methods or means as will not cause any interruption of or interference with the daily operation of the existing commercial establishments at the site, or vehicular and pedestrian traffic, or other contractors, or the safety or convenience of the public. 7.0 BID SECURITY Each proposal must be accompanied by a certified check, or bid bond duly executed by the Bidder as principal, and having a surety thereon an approved surety, in an amount equal to at least FIVE (52) percent of the total amount of each bid, as a guarantee that in case a contract is awarded to the Bidder, he will execute such contract and furnish a satisfactory Performance Bond. The check shall be made payable to the OWNER. The Bid Bond shall be in the specimen enclosed herein. The surety on the Bid must be a corporate surety licensed to transact business in the State of Florida, and acceptable to the OWNER. Deposits accompanying Bids shall be sealed in the Bid Proposal envelope. 8.0 CERTIFICATE OF SURETY Each Bidder shall furnish a Certificate of Surety with his proposal evidencing that it has the present and continued ability to obtain the required Performance Bond and Payment Bond in the event he is awarded a Contract. Page 4 9.0 CERTIFICATE OF INSURANCE Each Bidder shall furnish a Certificate of Insurance with his proposal evidencing that it _ _has the present and continued ability to obtain the required insurance in the event he is awarded a Contract.. 10.0 SUBMISSION OF BIDS Proposals must be submitted no later than the time specified in the Invitation For Bids, unless the time for the opening of proposal has been postponed by the OWNER. 11.0 SUBCONTRACTORS CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms. and conditions of the Contract Documents for the benefit of the OWNER. CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors, and of persons and organizations directly or indirectly employed by them, and of any persons or organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. The Bidder is specifically advised that any person, firm or other party whom it is proposed to award a subcontract under this contract must be acceptable to the OWNER and that approval of the proposed subcontract award can not be given by the OWNER unless and until the successful Bidder submits all information and evidence to the OWNER regarding the proposed subcontractor. 12.0 WITHDRAWAL OF BIDS Any proposal may be withdrawn by the Bidder prior to the scheduled time for the receipt of Bids or authorized postponement thereof, provided the Bidders request for written withdrawal is received by the OWNER before the proposals are opened. No Bidder may withdraw his proposal after the actual opening thereof. A proposal which has been withdrawn will be returned to the Bidder unopened at the time of the opening of the other proposals. 1 13.0 RETURN OF BID SECURITY Deposits will be returned only to those bidders who return the complete set of Contract Documents in good condition, with the exception of the three apparent lowest formal Page 5 Bidders on the Contract whose deposits will be returned within thirty (30) days after the formal opening of Bids; and the remaining deposits which will be returned within five (5) business days after the OWNER and the successful Bidder have executed the proposed contract, or in the event any of the proposals have not been excepted, within forty-five (45) days after the date of opening of the Bids. 14.0 BASIS OF AWARD A. Bids will be compared, and the lowest Bidder determined based on the summation of all prices associated with the items of Work in the Contract. B. In the event that there is a discrepancy between the prices written in words and . written in figures, the prices written in words shall govern. C. The OWNER will not be bound by the award, nor shall any Work be performed on the account of the proposed Contract until the Contract has been fully executed, delivered and approved. D. The Contract will be awarded to that responsible, qualified Bidder as determined by the OWNER in its sole discretion whose Bid price is the lowest number of dollars unless the proposal is rejected. 15.0 RIGHT TO REJECT BID PROPOSALS' The OWNER reserves the right to reject any or all proposals or to accept the proposal - which in its judgment will be for the best interests of the OWNER. Any proposal which contains any omissions, alteration of form, additions or alterations not called for, or any qualifications, erasures or corrections to conform to the regulations stated herein, may be disregarded and rejected as improper except that the OWNER may waive any defects or irregularities. Any proposals which are submitted or received after the scheduled closing time for the receipt of proposals, will be. rejected and returned without being opened. 16.0 EQUAL BIDS When two or more Bids are equal, the OWNER reserves the right to select the CONTRACTOR in its sole discretion. 17.0 ACCEPTANCE AND AWARD OF CONTRACT Within thirty (30) days after receipt of the Bids, the OWNER will accept one of the Bids or will reject all proposals. Acceptance of the Bid and the Notice of Award will be in writing signed by the OWNER and mailed to the address designated in the proposal. The notice shall contain appropriate instructions and information as to the time and place set for the execution of the Contract. The successful Bidder or his duly authorized representative shall appear at the time and place designated and shall execute the Contract and furnish the required bonds and required insurance policies. Page 6 18.0 REQUIREMENTS OF BONDS Prior to, or upon the signing of the Contract, the CONTRACTOR shall furnish to the OWNER a Performance Bond and a Labor and Materials Payment Bond, each equal to one hundred (100%) percent of the amount of the Contract. 19.0 INSURANCE The CONTRACTOR shall maintain in force during the performance of the Work all insurance policies as described in the General Conditions. Original policies, or properly executed conformed copies, evidencing the fact that the CONTRACTOR has procured the required insurance must be filed with the OWNER at the time of the execution of the Contract. 20.0 FAILURE TO EXECUTE CONTRACT If the successful Bidder shall fail to furnish the required bonds and insurance policies and to execute the contract in accordance with instructions contained in the Notice of Award, he shall be deemed to have refused to enter into the Contract, and to have waived all claim to the Work; and he shall pay the OWNER any and all damages sustained by the OWNER as a consequence of his failure to enter into the Contract including all loss from delay and interference with the OWNER'S construction program and the difference between the amount of the successful Bidder's proposal and the amount for which the OWNER may contract with another to perform the Work covered by said proposal, if the latter be in excess of the former. The surety on the Bid Bond shall be liable for such damages to the extent of the principal amount of the Bid Bond. Where the security deposited is a check, the CONTRACTOR shall be liable for such damages to the extent of the amount of the check: 21.0 CORRECTIONS, ERRORS, ADDENDA AND INTERPRETATION A. Corrections by erasures or other changes in the Bid proposal must be explained or noted over the signature of the Bidder. B. If a Bidder finds any omissions, discrepancies or errors in the Contract Documents, or is in doubt as to the meaning of the plans and specifications, or other Contract Documents, he shall notify the OWNER, who may correct, amend or clarify such documents by an interpretation. If he fails to notify the OWNER, he will be held rigidly to the OWNER'S interpretation of the plans and specifications after the Contract is executed. C. No interpretation of the meanings of the plans, specifications or other Contract Documents will be made to any Bidder orally. Every request for such interpretation shall be in writing, addressed to the OWNER, and to be given consideration must be received at least five (5) days prior to the date fixed for the opening of the Bids. Page 7 Any and all such interpretations and supplemental instructions will be in the form of a written addenda to the specifications which, if issued, will be mailed to all prospective Bidders not later than three (3) days prior to the date fixed for the opening of Bids. It shall be the Bidder's responsibility to contact the OWNER within this three(3) day period to verify receipt of all addenda issued. D. If the OWNER shall deem any matter arising thereafter of such importance as to require correction, amendment or clarification, he may postpone the time for the Bid opening by notifying each prospective Bidder of such postponement by FAX or telephone, and issue an addendum. Failure of any Bidder to receive any addendum shall not relieve the Bidder from any obligations under his Bid if such addendum is actually sent to the Bidder at the address furnished by him at the time he obtains copies of the Contract Documents. All. addenda so issued, whether sent by mail, carrier, or obtained in person by the CONTRACTOR (including representative) shall become apart of the Contract Documents. E. Any information which maybe given to Bidders other than by :means of the Contract Documents or addenda issued in accordance with the foregoing stipulations is given informally and shall not be used as a basis of claim against the OWNER or ENGINEER. 22.0 CONDITIONS OF WORK Each Bidder must inform himself fully of the conditions relating to the construction and labor under which the Work will be performed. Failure to do so will not relieve a successful Bidder of his obligation to furnish all material, labor, equipment and supervision to carry out the provisions of the Contract Documents, and to complete the contemplated Work for the consideration set forth in his Bid. Each Bidder, in bidding, represents that he relies exclusively upon his own investigation and he makes his Bid with full knowledge of conditions, and the kind, quality, and quantity of Work performed. 23.0 CONTRACT TIME The number of days within which, or the dates of which, the Work is to be substantially completed, and also completed and ready for final payment (Contract Time) are set forth in the Agreement. 24.0 LIQUIDATED DAMAGES A. Liquidated Damages in the sum set forth in the agreement will be assessed for each consecutive calendar day of delay in the completion of the Work not excusable as provided in the Contract Documents. Page 8 B. The successful Bidder, upon his failure or refusal to execute and deliver the Contract and Bonds required within ten (10) days after he has received notice of the acceptance of his Bid, shall forfeit to the OWNER, as liquidated damages for such failure or refusal, the security deposited with his Bid. If the successful Bidder shall execute the Contract and furnish said bonds as aforesaid, the bid security will be returned. 25.0 INTENT OF CONTRACT DOCUMENTS The Contract Drawings, the Technical Specifications, all addenda, the Agreement, the Invitation For Bids, the Bid, General Conditions, Special Conditions, and Instructions to Bidders are all part of the Contract Documents. The intent of the Contract Documents is to obtain a complete, operable and efficient job. It shall be understood that the Bidder has satisfied himself as to the full requirements of the Contract Documents, and has based his Bid Proposal upon such understanding. 26.0 COMPLIANCE WITH LAWS The Bidder's attention is directed to the fact that all applicable laws of the State of Florida, the Village of Tequesta municipal ordinances, Palm Beach County ordinances, rules and regulations of all authorities having jurisdiction over construction of the project, shall apply to the Contract throughout and they will be deemed to be included in the Contract the same as though herein written out in full. 27.0 CONSTRUCTION LAYOUT SURVEYING A. The CONTRACTOR will be responsible for all construction layout surveying and field engineering throughout the Contract Time by commissioning the professional services of a land surveyor licensed to practice within the State. B. The CONTRACTOR will by responsible for preparing and providing as -built documentation and drawings to the OWNER upon completion of the project, and prior to applying for final payment. 28.0 SAFETY AND SIGNAGE The CONTRACTOR will make every attempt to minimize the impact of construction activities on the commercial establishments existing at the site, as well as to minimize the disturbance of existing vehicular and pedestrian traffic patterns. The CONTRACTOR will install the necessary signage, safety devices, etc., to protect the commercial business establishment owners, customers, and visitors from any harm throughout the Contract municipal laws, ordinances and regulations. CONTRACTOR shall submit a maintenance of traffic plan to ENGINEER and OWNER prior to commencement of construction. SECTION 3 AGREEMENT AGREEMENT THIS AGREEMENT is dated as of the day of the year 20 by and between THE VILLAGE OF TEQUESTA (hereinafter called the OWNER), and (hereinafter called the CONTRACTOR). in OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1— WORK CONTRACTOR shall provide all labor, materials, equipment and supervision to complete all Work as specified or indicated in the Contract Documents. The work is generally described as follows, but is not limited to: 1.1 Perform parking area demolition activities if needed and replacement of any surface materials caused by installation of light system. 1.2 Maintain access throughout the existing site to accommodate customer vehicular and pedestrian traffic to and from the commercial establishments on site. 1.3 Provide a Maintenance of Traffic Plan to ENGINEER prior to commencement of work. 1.4 Perform maintenance of traffic as provided in Maintenance of Traffic Plan. 1.5 Perform all construction layout surveying and prepare as -built documentation and drawings certified by a licensed Florida Land Surveyor. ARTICLE 2 — ENGINEER The project has been designed by MESSLER & ASSOCIATES, 11211 Prosperity Farms Road, Suite C-301, Palm Beach Gardens, Florida 33410, who is hereinafter called ENGINEER. Page 2 ARTICLE 3 — CONTRACT TIME 3.1 The work shall be completed within ninety (90) calendar days. 3.2 LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that the time is of the essence of this agreement and that OWNER will be financially liable if the Work is not completed within the time specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expenses and difficulties involved in providing a legal or arbitration proceeding the actual loss suffered by the OWNER, if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree as that liquidated damages for delay, CONTRACTOR shall pay OWNER One Hundred and 00/100 dollars ($100.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until Work is substantially complete. ARTICLE 4 — CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of Work in accordance with the Contract Documents in current funds as listed in the Unit Price Proposal. ARTICLE 5 — PAYMENT PROCEDURES CONTRACTOR shall submit Applications For Payment on the first (It) of the month and in accordance with the General Conditions. Application for Payment will indicate the amount of the CONTRACTOR'S Fee then payable. Applications for Payment will be processed by the ENGINEER and OWNER, as provided in the General Conditions. 5.1 PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application For Payment as recommended by ENGINEER, once a month during construction as provided below. All progress payments will be on the basis of the progress of Work measured by the schedule of values as provided in the Contract Documents. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, and OWNER will withhold, specifically ten (10%) percent. SECTION 4 GENERAL CONDITIONS TABLE OF CONTENTS OF GENERAL CONDITIONS Article or Paragraph Pege Number & Title Number 1. DEFINITIONS ................................... 13 1.1 addenda ............................. 13 1.2 Agreement ........................... 13 1.3 Application for Payment .............. 13 1.4 Asbestos ............................. . 13 1.5 Bid ................................... 13 1.6 Bidding Documents ................... 13 1.7 Bidding Requirements ................ 13 1.8 Bonds ................................ I3 1.9 Change Order ........................ 13 1.10 Contract Documents .................. 13 1.11 Contract Price ........................ 1� 1.12 Contract Times ....................... 13 1.13 CONTRACTOR ...................... 13 1.14 d%ctive ............................. 13 1.15 Drawings ............................. 13 1.16 Effective Date of the Agreement ...... 13 1.17 ENGINEER .......................... 13 1.18 ENGINEER's Consultant ............. 13 1.19 Field Order ........................... 13 I.20 General Requirements ................ 14 1.21 Hazardous Waste ..................... 14 1.22 Laws and Regulations: Laws or Regulations ........................ 14 1.23 Liens ................................. 14 1.24 'Milestone ............................. 14 1.25 Notice of Award ...................... 14 1.26 Notice to Proceed .................... 14 1.27 OWNER .............................. 14 1.28 Partial Utilization ..................... 14 1.29 PCBs ................................. 14 1.30 Petroleum ............................ 14 1.31 Project ............................... 14 1.32 Radioactive Material .................. 14 1.33 Resident Project Representative ....... 14 3.34 Samples .............................. 14 1.35 Shop Drawings ....................... 14 1.36 Specifications ......................... 14 1.37 Subcontractor ........................ 14 1.38 Substantial Completion ............... 14 1.39 Supplementary Conditions ............ 14 1.40 Supplier .............................. 14 1.41 Underground Facilities ..............:. 14 1.42 Unit Price Work ...................... 14 1.43 Work ................................. 15 1.44 Work Change Directive ............... 15 1.45 Written Amendment .................. 15 2. PRELIMINARY MATTERS ...................... 15 2.1 Delivery of Bonds .................... IS 2.2 Copies of Documents ................. 15 2.3 Commencement of Contract Times; Notice to Proceed .................. 15 2.4 Starting the Work ..................... 15 Article or Paragraph Page Nurriber & Title :\'amber 2.5 2.7 Before Starting Construction: CONTR.ACfOR's Responsibility to Report: Preliminary Schedules: Delivery of Certificates of Insurance .......................... IS 2.8 Preconstruetion Conference ........... I? 2.9 Initially Acceptable Schedules ......... IS 3. CONTRACT DOCUMENTS: INTENT. .AME\DING. REUSE ............................ !6 =.1-3.2 Intent ................................ 16 3.3 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies ...................... 16 3.4 Intent of Certain Terms or Adjectives .. 17 3.5 Amending Contract Documents ....... 17 3.6 Supplementing Contract Documents ... 17 3.7 Reuse of Documents ............ :....... 17 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POI `TS . 17 4.1 Availability of Lands .................. 17 4.2 Subsurface and Physical Conditions ... 17 4.2.1 Reports and Drawings ............. 17 4.2.2 Limited Reliance by CONTRACTOR Authorized; Technical Data ......... IS 4.2.3 Notice of Differing Subsurface or Physical Conditions ................. 13 4.2.4 ENGINEER's Review ................ 1S 4.2.5 Possible Contract Documents Char.:e is 4.2.6 Possible Price and Times Adjustments . IS 4.3 Physical Conditions -Underground Facilities ........................... IS 4.3.1 Shown or Indicated ................... is 4.3.2 Not Shown or Indicated .............. 19 4.4 Reference Points ...................... 19 4.5 Asbestos, PCBs, Petroleum. Hazardous Waste or Radioactive `Material ...... 19 5. BONDS AND INSURANCE ..................... 20 5.1-5.2 Performance, Payment and Other Bonds . 20 5.3 Licensed Sureties and Insurers; Certificates of Insurance 20 5.4 CONTRACTOR's Liability Insurance . 20 5.5 OWNER's Liability Insurance ........ 21 5.6 Property Insurance ................... 21 5.7 Boiler and Machinery or Additional Property Insurance ................. 21 5.8 Notice of Cancellation Provisions ..... 21 5.9 CO_ NTRACCOR's Responsibility for Deductible Amounts ................ 22 5.10 Other Special Insurance ............... 22 5.11 Waiver of Rights ...................... -- Article or Paragraph Page Article or Paragraph Page N'tunber & Title J%'tunber Number & Title .`'umber 5.12-5.13 Receipt and Application of Insurance 8.6 Chance Orders ....................... 29 Proceeds ........................... 22 8.7 Inspections. Tests and Approvals ...... 29 5.14 Acceptance of Bonds and Insurance: S.8 Stop or Suspend Work: Terminate. Option to Replace ................. 22 CONTRACTOR's Services ......... -) _9 5.15 Partial Utilization -Property S.9 Limitations on O«'\ER's Insurance .......................... 23 Responsibilities ..................... ;0 8.10 asbestos. PCBs, Petroleum. Hazardous 6. CONTRACTOR'S RESPONSIBILITIES .......... 23 Waste or Radioactive Material ...... t0 6.1-6.2 Supervision and Superintendence ...... 23 8.11 Evidence of Financial Arran-ements 6.3.6.5 Labor, ;Materials and Equipment .... 23 9. ENGINEER'S STATUS DURING 6.6 Progress Schedule .................... 23 , CONSTRC;CTIOV ............................... 30 6.7 Substitutes and "Or -Equal" Items; 9.1 OWNER's Representative ............ 30 CONTRACTOR's Expense: 9.2 Visits to Site .......................... _0 Substitute Construction 9.3 Project Representative ................ :0 Methods or ro:edure;: 9.4 Clarifications and Interpretations ...... . 30 ENGINEER's E\aluation .......... �, _� 9.5 Authorized Variations in Work ........ 6.8-6.11 Concerning Subcontractors, Suppliers 9.6 Rejecting Defective Work ............. 30. and Others; Waiver of Rights ....... �; 9.7-9.9 Shop Drawings. Change Orders and 6.12 Patent Fees and Royalties ............. _ 5 Payments .......................... 31 6.13 Permits ........... """"..'""'."".." 25 9.10 Determinations for Unit Prices ........ 31 6.14 Laws and Re;ulstion; ................ ''-5 9.11-9.12 Decisions on Disputes; ENG1\EER as 6.15 Taxes ................................ 25 Initial Interpreter ................... 31 6.16 Use of Premise; ...................... 26 9.13 Limitations on ENGINEER's 6.17 Site Cleanliness ....................... 26 Authority and Responsibilities ...... 31 6.18 Safe Structural Loadinc ............... 26 6.19 Record Documents ................... 26 10. CHANGES 1N THE WORK 3210.1 6.20 Safety and Protection """"""'"" 26 ..................... 6.21 Safety Representative ................. 26 OWNER Ordered Change ........... 32 6.22 Hazard Communication Programs ..... 27 10.2 Claim for Adjustment ................. 32 6.23 Emergencies .......................... 27 10.3 Work Not Required b Contract q Y 6.24 Shop Drawings and Samples .......... 27 Documents ......................... :' 6.25 Submittal Procedures; 10.4 Chancy Orders CONTRACTOR's Review Prior to 10.5 Notification of Surety ................. 32 Shop Drawing or Sample Submittal 27 H. CHANGE OF CONTRACT PRICE .............. 32 6.26 Shop Drawing & Sample Submittals 11.1-11.3 Contract Price; Claim for Adjustment: Review by ENGINEER ............ 27 Value of the Work .................. 32 6.27 Responsibility for Variation From 11.4 Cost of the Work ..................... 33 Contract Documents ................ 27 11.5 Exclusions to Cost of the Work ....... 34 6.23 Related Work Performed Prior to 11.6 CONTRACTOR's Fee ................ 34 ENGINEER's Review and approval 11.7 Cost Records ......................... 34 of Required Submittals .............. 27 11.8 Cash Allowances ..................... 35 6.29 Continuing the Work .................. 28 11.9 Unit Price Work ...................... 35 6.30 CONTRACTOR's General Warranty and Guarantee ............. 2S 12. CHANGE OF CONTRACT TIMES .............. 35 6.31-6.33 Indemnification ....................... 28 12.1 Claim for Adjustment ................. 35 6.34 Survival of Oblieations ................ 23 12.2 Time of the Essence .................. 35 12.3 Delays Beyond CONTRACTOR's 7. OTHER WORK .................................. 29 Control ....... ............ ... 35 7.1-7.3 Related Work at Site .................. 29 12.4 Delays Beyond OWNER's and 7.4 Coordination CONTRACTOR's Control .......... 35 8. OWNER'S RESPONSIBILITIES ................. 29 8.1 Communications to Contractor ........ 29 13. TESTS AND INSPECTIONS; CORRECTION; 8.2 Replacement of ENGINEER .......... 29 REMOVAL OR ACCEPTANCE OF DEFECTIVE 8.3 Furnish Data and Pay Promptly When WORK .......................................... 36 Due ................................ 29 13.1 Notice of Defects ..................... 36 8.4 Lands and Easements; Reports and 13.2 Access to the Work ................... 36 Tests ............................... 29 13.3 Tests and Inspections; Contractor's 8.5 Insurance ............................. 29 . Cooperation ........................ 36 Article or Paragraph Page tVumber cC Title Number 13.4 OW`'ER's Responsibilities: Independent Testing Laboratory .... 36 13.5 CONTRACTOR's Responsibilities ..... 36 13.6-13.7 CoveringWork Prior to Inspection, Testing or Approval ................ 36 13.8-13.9 Uncovering Work at ERG(NEER's Request ............................ 36 13.10 OWNER May Stop the Work. ......... 36 13.11 Correction or Removal of Defective Work............................... 37 13.12 Correction Period ..................... 13.13 acceptance of Defective Work. ........ 37 13.14 OWNER May Correct Defective Work................................ 37 14. PAYMENTS TO CONTRACTOR AND COMPLETION ................................. 37 14.1 Schedule of Values .................... 37 14.2 Application for Progress Payment ..... 3S 14.3 CONTRACTOR's NVarranty of Title ... 33 14.4-14.7 Review of Applications for Progress Payments ................. 33 14.8-14.9 Substantial Completion ............... 39 14.10 Partial Utilization ..................... 39 14.11 Final Inspection ...................... 39 Article or Paragraph Page Mumber eC Title A'tunber 14.12 Final application for Payment ......... 40 14.13-14.14 Final Payment and Acceptance ........ 40 14.15 Waiver of Claims ..................... 4.0 15. SUSPENSION OF WORK AND TERMINATION ................................ 40 15.1 OWNER May Suspend \Fork ......... 40 15.2-15.4 OWNER May Terminate .............. 40 15.5 CONTRACTOR May Stop Work or Terminate .......................... 41 16. DISPUTE RESOLUTION ....................... 41 17. MISCELLANEOUS ............................. 42 17.1 Giving Notice ........................ 42 17.2 Computation of Times ................ 42 17.3 Notice of Claim ....................... 42 17.4 Cumulative Remedies ................. 42 17.5 Professional Fees and Court Costs Included ........................... 42 EXHIBIT GC -A (Optional): -' Dispute Resolution Aereement (Optional) ..... GC -Al 16.1-16.6 Arbitration .................... GC -AI 16.7 Mediation ..................... GC-A2 3 INDEX TO GENERAL CONDITIONS Article or P'arn;raph Nisi tber Acceptance of - Bonds and Insurance ................................ 5.14 defective Work. ....................... 10.4.1. 13.13. 13.15 final payment ................................. 9.12. 14.15 insurance ........................................... 5.14 other Work, by CONTRACTOR ...................... 7.3 Substitutes and "Or -Equal" It:ms .................. 6.7.1 Work by 0 WN ER ........................ 2.5. 6.30. 6.34 Access to the- Lands, OWNER and CONTRACTOR responsibilities ..................................... 4.1 site, related work .................................... 7.2 Work . .................................. 13.2, 13.14. 14.9 Acts or Omissions-. Acts and Omissions- CONTRACTOR............................6.9.1.9.13.3 ENGINEER................................6.20.9.13.3 OWNER....................................... 6.20, 8.9 Addenda --definition of (also see definition of Specifications) ........... (1.6. 1.10. 6.19) 1.1 Additional Property Insurances ......................... 5.7 .Adjustments Contract Price or Contract Times ......... 1.5. 3.5.4.1, 4.3.2. 4.5.2. 4.5.3. 9.4. 9.5. 10.2-10.4, 11, 12, 14.8. 15.1 progress schedule .................................... 6.6 Agreement - definition of .......................................... 1.2 All risk Insurance, policy form ........................ 5.6.2 Allowances. Cash ..................................... 11.8 Amending Contract Documents ......................... 3.5 Amendment, Written - in general .... 1.10, 1.45, 3.5, 5.10, 5.12, 6.6.2. 6.8.2. 6.19, 10.1. 10.4. 11.2, 12.1. 13.12.2. 14.7.2 Appeal, OWNER or CONTRACTOR intent to ...................... 9.10. 9.11, 10.4. 16.2. 16.5 Application for Payment - definition of .......................................... 1.3 ENGINEER's Responsibility ......................... 9.9 final payment .................. 9.13.4, 9.13.5, 14.12-14.15 in general ....................... 2.8. 2.9. 5.6.4. 9.10, 15.5 progress payment .............................. 14.1. 14.7 review of ...................................... 14.4-14.7 Arbitration (Optional) ............................. 16.1-16.6 Asbestos - claims pursuant thereto ....................... 4.5.2, 4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of .......................................... 1.4 OWNER responsibility for .................... 4.5.1, 8.10 possible price and times change ..................... 4.5.2 Authorized Variations in Work ........... 3.6. 6.25, 6.27, 9.5 Availability of Lands ............................... 4.1, 8.4 Award, Notice of -defined ............................ 1.25 Before Starting Construction ........................ 2.5-2.8 Bid -definition of ...................................... 1.5 (L1, 1.10, 2.3, 3.3. 4.2.6.4. 6.13, 11.4.3. 11.9.1) O•^ Article or Para."raph Number Bidding Documents -definition of ................ 1.6(6.8.2) Bidding Requirements -{definitions of ...... 1.7 (I.1. 4.2.6.2) Bonds - acceptance of ....................................... 5.14 additional bonds ........................... 10.5. 11.4.5.9 Cost of the Work .................................. II.5.4 definition of .......................................... I.8 delivery of I. 5.1 final application for payment ................. 14.12-14.14 general ...............1.10. 5.1-5.3. 5.13. 9.13.10.5. 14.7.6 performance. Payment and Other ................. 5.1-5., Bonds and Insurance -in general ......................... 5 Builder's risk "all risk" policy form .....:............. 5.6.2 Cancellation Provisions. Insurance ........ 5.4.11., 5.8. 5.15 Cash Allowwances...................................... II.S Certificate of Substantial Completion ......... 1.38, 6.30.2.3. 14.8. 14.10 Certificates of inspection ................ 9.13.4. 13.5. 14.12 Certificates of Insurance .. 2.7, 5.3. 5.4.11. S.4.13, 5.6.5. 5.8, ....................................... 5.14, 9.13.4. 14.12 Change in Contract Price - Cash Allowances ................................... 11.8 claim for price adjustment ..... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4. 9.5. 9.11, 10.2, 10.5. 11.2, 13.9. 13.13 , 13.14 , 15.1, 15.5 CONTRACTOR's fee ............................... 11.6 l Cost of the Work � general ...................................... 11,4 11.7 Exclusions to ....................................... 11.5 Cost Records ....................................... 11.7 in general .............. 1.19, 1.44, 9.11, 10.4.2. 10.4.3, 11 Lump Sum Pricing ................................ 11.3.2 Notification of Surety ............................... 10.5 Scope of ....................................... 10.3-10.4 Testing and Inspection. Uncovering the Work ........ 13.9 Unit Price Work .................................... 11.9 Value of Work ...................................... 11.3 Change in Contract Times - Claim for times adjustment .... 4.1, 4.2.6, 4.5, 5.15, 6.8.2, 9.4, 9.5. 9.11. 10.2, 10.5, 12.1, 13.9. 13.13. 13.14, 14.7. 15.1, 15.5 Contractual time limits .............................. 12.2 Delays beyond CONTRACTOR's control ............ 12.3 Delays beyond OWNER's and CONTRACTOR's con- trol............................................... 12.4 Notification of surety ............................... 10.5 Scope of change ............................... 10.3-10.4 Change Orders - Acceptance of Defective Work ..................... 13.13 Amending Contract Documents ...................... 3.5 Cash Allowances ................................... 11.8 Change of Contract Price ............................. I I Change of Contract Times . . • • • • 12 ...................... Changes in the Work .................................. 10 CONTRACTOR's fee ............................... 11.6 Cost of the Work ............................... 11.4-11.7 4 Article or Paragraph Number Cost Records ....................................... 11.7 definition of .......................................... 1.9 emergencies........................................ 6.23 ENGINEER's responsibility ......... 9.8. 10.4. 11.2. 12.1 execution of ........................................ 10.4 Indemnification ..................... 6.12. 6.16, 6.31, 6.33 insurance, Bonds and ................... 5.10,5.13, 10.5 OWNER may terminate ........................ 15.2-15.4 OWNER's Responsibility ....................... 8.6, 10.4 Physical Conditions - Subsurface and . ..................................... 4.2 Underground Facilities...........................4.3.2 Record Documents ................................. 6.19 Scope of Change ............................... 10.3-10.4 Substitutes .......:........................... 6.7.3. 6.8.2 Unit Price Work .................................... 11.9 value of Work, covered by .......................... 11.3 Changes in the Work .................................... 10 Notification of surety ............................... 10.5 OWNER's and CONTRACTOR's responsibilities .... 10.4 Right to an adjustment .............................. 10.2 Scope of change ............................... 10.3-10.4 Claims - against CONTRACTOR.............................6.16 against ENGINEER ................................ 6.32 against OWNER .................................... 6.32 Change of Contract Price ....................... 9.4, 11.2 Change of Contract Times ...................... 9.4, 12.1 CONTRACTOR's 4, 7.1, 9.4, 9.5, 9.11, 10.2, 11.2. 11.9. 12.1. 14.8. 15.1, 15.5. 17.3 CONTRACTOR's Fee .............................. 11.6 CONTRACTOR's liability ............ 5.4, 6.12, 6.16, 6.31 Cost of the Work .............................. 11.4, 11.5 Decisions on Disputes ......................... 9.11. 9.12 Dispute Resolution .................................. 16.1 Dispute Resolution Agreement .................. 16.1-16.6 ENGINEER as initial interpretor .................... 9.11 Lump Sum Pricing ................................ 11.3.2 Noticeof ........................................... 17.3 OWNER's ........... 9.4. 9.5, 9.11. 10.2. 11.2. 11.9. 12.1, 13.9. 13.13, 13.14, 17.3 OWN ER's'liability................................... 5.5 OWNER may refuse to make payment .............. 14.7 Professional Fees and Court Costs Included .......... 17.5 request for formal decision on ....................... 9.11 Substitute items .................................. 6.7.1.2 Time Extension .: ...... ............................. 12.1 Time requirements ............................ 9.11, 12.1 Unit Price Work .................................. 11.9.3 Value of ............................................ 11.3 Waiver of -on Final Payment ................ 14.14. 14.15 Work Change Directive . 10.2 written notice required ................... 9.11, 11.2, 12.1 Clarifications and Interpretations ............ 3.6.3. 9.4. 9.11 CleanSite ............................................ 6.17 Codes of Technical Society, Organization or Association ...................................... 3.3.3 Commencement of Contract Times ..................... 2.3 Communications - Article or Paragraph Number general .................................... 6.2. 6.9.2. 8.1 Hazard Communication Pro.rams ................... 6.22 Completion - Final Application for Payment ...................... 14.12 Final Inspection ................................... 14.11 Final Payment and Acceptance ............... 14.13-14.14 Partial Utilization .................................. 14.10 Substantial Completior. ................... 1.38, 14.8-14.9 Waiver of Claims .................................. 14.15 Computation of Times ........................ 17.2.1-17.2.2 Concerning Subcontractors. Suppliers : nd Others ............................ 6.8-6.11 Conferences - initially acceptable sch_dules ......................... 2.9 preconstruction...................................... '_.S Conflict. Error. Ambiguity, Discrepancy - CONTRACTOR to Report ..................... 2.5. 3.3.2 Construction, before staring by CONTRACTOR .... 2.5-2.7 Construction Machinery. Equipment, etc . ............... 6.4 Continuing the Work ............................. 6.29. 10.4 Contract Documents- ' Amending........................................... 3.5 Bonds............................................... 5.1 Cash Allowances ................................... 11.8 Change of Contract Price ............................. I l Change of Contract Tunes ...................... 12 Changes in the Work ........................... 10.4-10.5 check and verify ...................................... Clarifications and Interpretations ....... 3.2, 3.6. 9.4. 9.11 definition of ........................................ 1.10 ENGINEER as initial interpreter of ................. 9.11 ENGINEER as OWNER's representative ............ 9.1 general................................................ 3 Insurance ............................................ 5.3 Intent............................................ 3.1-3.4 minor variations in the Work ......................... 3.6 OWNER's responsibility to fumish data .............. 8.3 OWNER's responsibility to make prompt payment ....................... 8; 3, 14.4, 14.13 precedence .................................... 3.1. 3.3.3 Record Documents ................................. 6.19 Reference to Standards and Specifications of Technical Societies .............................. 3.3 Related Work .......... ......... ............. 7.2 Reporting and Resolving Discrepancies ........... 2.5. 3.3 Reuseof ............................................. 3.7 Supplementing ....................................... 3.6 Termination of ENGINEER's Employment .........:.. 8.2 Unit Price Work .................................... 11.9 variations ................................. 3.6. 6.23, 6.27 Visits to Site, ENGINEER's ......................... 9.2 Contract Price - adjustment of ................ 3.5, 4.1. 9.4. 10.3. 11.2-11.3 Change of............................................ It Decision on Disputes ............................... 9.11 .. ...................... definition of .. .... .......... 1.11 Contract Times - adjustment of., ...................... 3.5. 4.1. 9.4. 10.3. 12 Change of ...................................... 12.1-12.4 Article or Paragraph Number Commencement of ................................... 2.3 definition of ........................................ 1.12 CONTRACTOR - Acceptance of Insurance ............................ 5.14 Limited Reliance on Techni:al Data Authorized ...... t.'_.'_ Communications ............................... 6.2. 6.9.2 Continue Work. ................................ 6.29. 10.4 coordination and scheduling ......................... 6.9.2 definition of ........................................ 1.13 %lay Stop Work or Terminate ....................... 15.5 provide site access to others .................... 7.2. 13 2 Safety and Protection ....... 4.3.L2. 6.16. 6.IS. 6.21-6.2:. 7.'_. 13.2 Shop Dra«ing and Sample Re%ie,- Prior to Submittal . 6.25 Stop Work requirements ........................... 4.5.2 CONTRACTOR's- Compensation .................................. 11.1-11.2 Continuing Obligation .............................. 14.15 Defective Work .......................... 9.6, 13.I0-I3.14 Duty to correct defective Work ..................... 13.11 Duty to Report - Changes in the Work caused by Emergency....................................... 6.23 Defects in Work of Others ......................... 7.3 Differing conditions .............................. 4.2.3 Discrepancy in Documents ........... 2.5. 3.3.2. 6.14.2 Underground Facilities not indicated .............. 4.3.2 Emergencies ........................................ 6.23 Equipment and Machinery Rental. Cost of the Work ................................... 11.4.5.3 Fee -Cost -Plus ..................... 11.4.5.6. 11.5.1. 11.6 General Warranty and Guarantee .................... 6.30 Hazard Communication Programs ................... 6.22 Indemnification ...................... 6.12, 6.16. 6.31-6.33 Inspection of the Work ......................... 7.3, 13.4, Labor, Materials and Equipment .................. 6.3-6.5 Laws and Regulations. Compliance by ............. 6.14.1 Liability Insurance ................................... 5.4 Notice of Intent to .Appeal ..................... 9.10. 10.4 obligation to perform and complete the Work ........ 6.30 Patent Fees and Royalties, paid for by ............... 6.12 Performance and Other Bonds ........................ 5.1 Permits, obtained and paid for by .................... 6.13 Progress Schedule ..... 2.6. 2.8. 2.9. 6.6, 6.29, 10.4. 15.2.1 Request for formal decision on disputes ............. 9.11 Responsibilities - Changes in the Work .............................. 10.1 Concerning Subcontractors. Suppliers and Others . 6.8- 6.11 Continuing the Work ........................ 6.29. 10.4 CONTRACTOR's expense ....................... 6.7.1 CONTRACTOR's General Warranty and Guaran- tee............................................... 6.30 CONTRACTOR's review prior to Shop Drawing or Sam- ple submittal ..................................... 6.25 Coordination of Work .............................. 6.9.2 Emergencies ..................................... 6.23 ENGINEER's evaluation. Substitutes or "Or -Equal" Items .......................... 6.7.3 Article or Pcro-raplr- i�'tu+tb:r For Act; and Omis.ions of Others ..... 6.9.1-6.9.2. 9.13 f for deductible ;:rnwunts. insurance .................. 5.9 general ................................. 6. 7.2.7.3.8.9 Hazardous Communication Programs ............. 6.22 Indemnification..............................6.31-6.33 Labor. Materials :,rd Equipment ................ 6.3.6.5 Laws and Reculations ............................ 6.14 Liability Insu rrn,:e................................. 5.4 Notice of variation from Contract Documents ..... 6?7 Patent Fees and Rodahlzls ......................... 6.12 Permits ........................................... 6.13 Progress Schedule ................................. 6.6 Record Documents ............................... 6.19 related Work performed prior to ENGINEER's approval of required ittbmittils ................. 6.23 safe structural loading ............................ 6.13 Safety and Protection ................... 6.20, T.2. 13.2 Safety Representative ............................. 6.21 Scheduling the Work ............................. 6.9.2 Shop Drawings and Samples ...................... 6.24 Shop Drawings and Samples Review by ENGINEER ................................ 6.26 Site Cleanliness ................................... 6.17 Submittal Procedures ............................. 6.25 Substitute Cons;ruction Methods and Procedures .................................... 6.7.2 Substitutes and "Or -Equal" Items ................ 6.7.1 Superintendence .......... Supervision ........................................ 6.1 Survival of Obligations ............................ 6.34 Taxes............................................ 6.15 Tests and Inspections.............................13.5 ToReport ......................................... 2.5 Use of Premises .................... 6.16-6.18,6.30.2.4 Review Prior to Shop Drawing or Sample Submittal .. 6.25 Right to adjustment for changes in the Work ......... 10.2 right to claim .. 4..7.1. 9.4, 9.5, 9.1 I, 10.2, 11.2. 11.9. 12.1. 13.9. 14.9, 15.1. 15.5. 17.3 Safety and Protection ................. 6.20-6.22.7.2, 13.2 Safety Representative ............................... 6.21 Shop Drawings and Samples Submittals ......... 6.24-6.28 Special Consultants ............................... 11.4.4 Substitute Construction Methods and Procedures ..... 6.7 Substitutes and "Or -Equal" items. Expense .. 6.7.1.6.7.2 Subcontractors. Suppliers and Others ............ 6.8-6.11 Supervision and Superintendence ........... 6.1, 6.2, 6.21 Taxes, Payment by .......................... . ..... 6.15 Use of Premises................................6.16-6.18 Warranties and guarantees ......................6.30. 6.5 Warranty of Title ................................... 14.3 Written Notice Required - CONTRACTOR stop Work or terminate ........... 15.5 Reports of Differing Subsurface and Physical Condi- tions............................................. 4.2.3 Substantial Completion ........................... 14.8 CONTRACTORS -other ................................. 7 Contractual Liability Insurance ...................... 5.4.10 Contractual Time Limits .............................. 12.2 Coordination .`-j Article or Paragraph ,Vun;ber CONTRACTOR's responsibility .................... 6.9.2 Copies of Documents ................................... 2.2 Correction Period .................................... 13.12 Correction. Reniovz;I or Acceptance of Defective Work in general ............................. 10.4.1. 13.10-13.14 Acceptance of D,:fecti%c Work ..................... 13.13 Correction or Renw%al of Defective Work. ..... 6.:0. 13.11 Correction Period .................................. 13.12 OWNER May Correct Defective Work ............. 131.14 OWNER May Step Work. .......................... 13.10 Cost - of Tests and Inspections ............................. I?.4 Records : ........................................... 11.7 Cost of the Wort - Bonds and insurance. additional ................. I I A.5.9 Cash Discounts ................................... 11.4.2 CONTRACTOR's Fee .............................. 11.6 Employee Expenses ............................. 11.4.5.1 Exclusions to ....................................... 11.5 General ........................................ 1 1.4-1 1.5 Home office and overhead expenses ................. 11.5 Losses and damages ............................. 11.4.5.6 Materials and equipment .......................... 11.4.2 Minor expenses ................................. 11.4.S.S Payroll costs on changes .......................... 11.4.1 performed by Subcontractors ...................... 11.4.3 Records............................................ 11.7 Rentals of construction equipment and machinery . 11.4.5.3 Royalty payments, permits and license fees ...... 11.4.5.5 Site office and temporary facilities ............... 11.4.5.2 Special Consultants. CONTRACTOR's ............ l L4.4 Supplemental ..................................... 11.4.5 Taxes related to the Work ....................... 11.4.5.4 Tests and Inspection ................................ 13.4 Trade Discounts .................................. 11.4.2 Utilities, fuel and sanitary facilities ............... 11.4.5.7 Work after regular hours .......................... 11.4.1 Covering Work ................................... 13.6-13.7 Cumulative Remedies ............................ 17.4-17.5 Cutting, fitting and patching Data, to be furnished by OWNER ...................... 8.3 Dap -definition of ................................... 17.2.2 Decisions on Disputes ........................... 9.11, 9.12 defective -definition of ................................ 1.14 defective Work - Acceptance of .............................. 10.4.1, 13.13 Correction or Removal of ................... 10.4.1. 13.11 Correction Period .................................. 13.12 in general ................................. 13, 14.7. 14.11 Observation by ENGINEER ......................... 9.2 OWNER May Stop Work .......................... 13.10 Prompt Notice of Defects ........................... 13.1 Rejecting ............................................ 9.6 Uncovering the Work ............................... 13.8 Definitions ............................................... l Delays ................................. 4.1.6.29, 12.3-12.4 Delivery of Bonds ...................................... 2.1 Delivery of certificates of insurance ..................... 2.7 Article or Para grapl; Number Determinations for knit Prizes ........................ 9.10 Differing Subsurface or Physical Conditions Noticeof ..................... . .................... ENGINEER's Revic,%............................... 1.2.- Possible Contract Documents Chance ............... 4 '- Possible Price and Tines Adjustments .............. 4.2.6 Discrepancies -Reporting and Resolving .... 2.5. 3.3.2. 6.1;.2 Dispute Resolution- Acreement..................................... 16.1.16.6 Arbitration ..................................... 16.1-16.5 ceneril............................................... 16 Mediation.......................................... 16.6 Dispute Resolution Agreement .................... 16.1-16.6 Disputes. Decisions by ENGINEER ............... 9.11-9.12 Documen:s- Copiesof ............................................ 2.2 Record............................................. 6.19 Reuseof ............................................. :.7 Drawings -definition of ............................... 1.15 Easements............................................. -.I Effective date of Agreement --definition of ............. 1.16 Emergencies .......................................... 6.23 ENGINEER - as initial interpreter on disputes ................. 9.11 9.12 definition of ........................................ 1.17 Limitations on authority and responsibilities ................................. 9.13 Replacement of ...................................... €.2 Resident Project Representative ...................... 9.3 ENGINEER'S Consultant --definition of ............... I -IS ENGINEER's- authority and responsibility, limitations on ........... 9.13 Authorized Variations in the Work .................... 9.5 Change Orders, responsibility for .......... 9.7. 10. 11. 12 Clarifications and interpretations ............... 3.6.3. 9.4 Decisions on Disputes .......................... 9.11-9.12 defective Work. notice of ........................... 13.1 Evaluation of Substitute Items ...................... 6.7.3 Liability ....................................... 6.32. 9.12 Notice Work is Acceptable ......................... 14.13 Observations.................................6.30.2.9.2 OWN ER's Representative ........................... 9.1 Payments to the CONTRACTOR, Responsibility for .............................. 9.9. 14 Recommendation of Payment ................. 14.4, 14.13 Responsibilities - Limitations on ............................... 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions .......................... ".2.4 Shop Drawings and Samples, review responsibility ..................................... 6.26 Status During Construction - authorized variations in the Work 9 5 Clarifications and Interpretations ................... 9.4 Decisions on Disputes ........................ 9.11-9.12 Determinations on Unit Price ..................... 9.10 ENGINEER as Initial Interpreter ............. 9.11-9.12 ENGINEER's Responsibilities ................ 9.1-9.12 Article or Paragraph Number Lin :,ations on ENGINEER's Authority and Responsibilities ................................... 9.13 OWNER's Representative ......................... 9.1 Project Representative ............................. 9.3 Rejecting Defective Work .......................... 9.6 Shop Dra%vincs. Chance Orders and Payments .................................... 9.7-9.9 Visits to Site ...................................... 9.2 Unit Price Determinations ........................... 9.10 Visits to Site ......................................... 9.2 Written consent required ......................... 7.2.9.1 Fquipment. Labor. Materials and ................... 6.3-6.5 Equipment rental. Cost of the Work. ................ 11.4.5.3 Equivalent Materials and Equipment .................... 6.7 Errors or omissions ................................... 6.33 Evidence of Financial arrangements ................... S-11 Explorations of physical conditions ................... 4.2.1 Fee. CONTRACTOR's-Costs-Plus ................... 11.6 Field Order - definition of ........................................ 1.19 issued by ENGINEER ...........................6.1. 9.5 Final Application for Payment ........................ 14.12 Final Inspection ...................................... 14.11 Final Payment - and Acceptance .............................. 14.13-14.14 Prior to, for cash allox ances ........................ 11.8 General Provisions ............................... 17.3-17.4 General Requirements- defirition of ......................................... 1.20 principal references to .............. 2.6. 6.4, 6.6-6.7, 6.24 Giving Notice ......................................... 17.1 Guarantee of Work -by CONTRACTOR .............................. 6.30, 14.12 Hazard Communication Programs ..................... 6.22 Hazardous Waste - definition of ........................................ 1.21 general.............................................. 4.5 OWNER's responsibility for ........................ 8.10 Indemnification ........................ 6.12. 6.16. 6.31-6.33 Initially Acceptable Schedules .......................... 2.9 Inspection - Certificates of ......................... 9.13.4, 13.5, 14.12 Final.............................................. 14.11 Special, required by ENGINEER .................... 9.6 Tests and Approval ........................ 8.7. 13.3-13.4 Insurance - Acceptance of, by OWNER ......................... 5.14 Additional, required by changes in the Work ................................. 11.4.5.9 Before starting the Work ............................. 2.7 Bonds and -in general ................................. 5 Cancellation Provisions .............................. 5.8 Certificates of .. 2.7. 5, 5.3, 5.4.11, 5.4.13, 5.6.5. 5.8, 5.14, 9.13.4. 14.12 completed operations .............................. 5.4.13 CONTRACTOR's Liability ........................... 5.4 CONTRACTOR's objection to coverage ............. 5.14 Contractual Liability .............................. 5.4.10 Article or Parasraplr Number - deductible amounts. CONTRACTOR's reiponsibilit}.................................... 5.9 Final Application for Payment ...................... 14.12 Licensed Insurers .................................... 5.3 Notice requirements. material chan_es..................................S.S. 10.50 Option to Replace .................................. 5.14 other special insurancei ............................. 5.10 OWNER as fiduciary for insureds .............. 5.12-5.13 OW N E R's Liability .................................. 5.5 01`',IER's Reiponsibilit% ............................ 8.5 Partial Utilization. Property Insurance ............... 5.15 Propert%........................................ 5.6-5.10 Receipt and Application of Insurance Proceeds .. 5.12-5.13 Special Insurance ................................... 5.10 Waiver of Ri_hts.................................... 5.II Intent of Contract Documents ....................... 3.1-3.4 Interpretations and Clarifications ................. 3.6.3. 9.4. Investigations of physical conditions .................... 4.2 Labor. Materials and Equipment .................... 6.3-6.5 Lands - and Easements ...................................... 8.4 Availability of ................................... 4.1.8.4 Reports & Tests ..................................... 8.4 La%vs and Regulations -Laws or Regulations - Bonds........................................... 5.1-5.2 Changes in the Work ................................ 10.4 Contract Documents ................................. 3.1 CONTRACTOR's Responsibilities ................... 6.14 Correction Period, defective Work .................. 13.12 Cost of the Work. taxes ......................... 11.4.5.4 definition of ........................................ 1.22 General............................................. 6.14 Indemnification ................................ 6.31-6.33 Insurance ............................................ 5.3 Precedence .................................... 3.1. 3.3.3 Reference to ....................................... 3.3.1 Safety and Protection .......................... 6.20, 13.2 Subcontractors. Suppliers and Others ............ 6.8-6.11 Tests and Inspections ............................... 13.5 Use of Premises .................................... 6.16 Visits to Site ......................................... 9.2 Liability Insurance- CONTRACTOR's.................................... 5.4 OWNER's........................................... 5.5 Licensed Sureties and Insurers ......................... 5.3 Liens - Application for Progress Payment .................... 14.2 Contractor's Warranty of Title ....................... 14.3 Final Application for Payment ...................... 14.12 definition of ........................................ 1.23 Waiver of Claims .................................. 14.15 Limitations on ENGINEER's authority and responsibilities ..................................... 9.13 Limited Reliance by CONTRACTOR Authorized ...... 4.2.: Maintenance and Operating Manuals - Final Application for Payment ...................... Manuals (of othcrs}- Precedence....................................... 3.3.3. Article or Paragraph Mitithcr Reference to in Contract Documents ................ 3.3.1 Materials and equipment - furnished by CONTRACTOR ........................ 6.3 notincorpor:,t-d in Work ............................ 14.2 Materials or equipment -equivalent ..................... 6.7 Mediation (Optionab.................................. 16.7 Milestones -de inition of .............................. 1.24 Miscellaneous - Computation of l'irt:e: .............................. 17.2 Cumulati%c Rennedie: ............................... 17.4 Giving Notice ....................................... 17.1 Notice of Clai:n..................................... 17.3 Professional f_es ;trJ Court Cost. Included .......... 17.5 Multi -prime contracts .................................... 7 Not Sho%%n or Indicat:d .............................. Notice of- Acceptabilit% of Project ............................ 14.13 Award. definition of ................................. 1.25 Claim.............................................. 17.3 Defects. ............................................ 13.1 Differing Subsurface or Physical Conditions ........... Giving.............................................. 17.1 Tests and Inspections ............................... 13.3 Variation, Shop Dra%vin- and Sample ................ 6.27 Notice to Proceed - definition of ........................................ 1.26 givingof ............................................. 2.3 Notification to Surety ................................. 10.5 Observations, by ENGINEER .................... 6.30. 9.2 Occupancy of the Work ................ 5.15, 6.30.2.4, 14.I0 Omissions or acts by CONTRACTOR ............. 6.9, 9.13 "Open peril" policy form. Insurance ...................5.6.2 Option to Replace.....................................5.14 ..Or Equal" Items ...................................... 6.7 Other work .............................................. 7 Overtime Work -prohibition of ......................... 6.3 OWNER - Acceptance of defective Work ...................... 13.13 appoint an ENGINEER .............................. 8.2 as fiduciary .................................... 5.12-5.13 Availability of Land;, responsibility ................... 4.1 definition of ........................................ 1.27 data, furnish ......................................... 8.3 May Correct Defective Work ....................... 13.14 May refuse to make payment ......................... 14.7 May Stop the Work ................................ 13.10 may suspend work. terminate ....................... 8.8, 13.10, 15.1-15.4 Payment, make prompt ................... 8.3. 14.4. 14.13 performance of other Work ........................... 7.1 permits and licenses, requirements .................. 6.13 purchased insurance requirements ............... 5.6-5.1C OWNER's- Acceptance of the Work ......................... 6.30.2.5 Change Orders. obligation to execute .......:............................ 8.6. 10.4 Communications ..................................... 8.1 Coordination of the Work ............................ 7.4 Disputes, request for decision ........................ 9.11 Article or Prrngraph N'tcnther Inspection;. tests and app.-ovals ................. 8.7. 13.4 Liability Insurance ................................... 5.5 Notice of Defects ................................... 13.1 Representative -During Construction. ENGINEER's Status ............................ 9.1 Responsibil:ties- Asbestos. PC[3's. Petroleum. Hazardous Waste on Radioactive Material .................. S.10 Chance Orders .................................... S.6 Chances in the Work .............................. W-1 communications ................................... S.1 CONTRACTOR's responsibilities .................. S.9 evidence of tinanci:jt arrangements ................ S.11 inspections. teas and aE prova!s .................... .... Insurance ......................................... S.5 lands and easements ............................... i`.4 prompt payment by S 1 replacement of ENGINEER ....................... S.'_ reports and tests ................................... 8.4 stop or suspend Work .................. 8.8. 13.10. 15.1 terminate CONTRACTOR's services .......... 8.8. 15.2 separate representative at site ........................ 9.3 independent testing ................................. 13.4 use or occupancy of the N�'ork.................................... 5.15. 14.10 written consent or approval required ............................... 9.1. 6.3. 11.4 written notice required .......... 7.1. 9.4. 9.11. 11.2, 11.9. 14.7. 15.4 PCBs - definition of ........................................ 1.29 general.............................................. 4.5 OWNER's responsibility for ........................ 8.10 Partial Utilization - definition of ........................................ general ................................... 6.30.2.4, 14.10 Property Insurance ................................. 5.15 Patent Fees and Royalties ............................. 6.12 Payment Bonds ..................................... 5.1-5.2 Payments, Recommendation of ............. 14.4-14.7. 14.13 Payments to CONTRACTOR and Completion - Application for Progress Payments .................. 14.2 CONTRACTOR's Warranty of Title ................. 14.3 Final Application for Payment ...................... 14.12 Final Inspection ................................... 14.11 Final Payment and Acceptance ............... 14.13-14.14 general ..........................................8.3, 14 Partial Utilization .................................. 14.10 Retainage........................................... 14.2 Review of Applications for Progress Payments .................................. 14.4-14.7 prompt payment ..................................... 8.3 Schedule of Values .................................. 14.1 Substantial Completion ......................... 14.8-14.9 Waiver of Claims .................................: 14.15 when payments due .......................... 14.4. 14.13 withholding payment ................................ 14.7 Performance Bonds ................................. 5.1-5.2 Permits............................................... 6.13 -9- Article or Paragraph Number Petroleum definition of ........................................ 1.30 general..............................................4.5 OWNEWs respon%ibility for ........................ 8.10 Physical Conditions- Drawinc: of. in or relating to ..................... 4.2.1.2 ENGINEER's review .............................. 4.2.4 existine structures .................................. 4.2.2 general........................................... Subsurface and ....................................... 4.2 Underground Facilities...............................4.3 Possible Contract Documents Chance ............... 4.'-.5 Possible Price and Times adjustments .............. 4.2.6 Reports and Drawings .............................. 4.2.1 Notice of Differing Subsurface or . .................. 4.2.3 Subsurface and ...................................... 4.'- Subsurface Conditions ............................ 4.2.1.1 Technical Data. Limited Reliance by CONTRACTOR Authorized .................... 4.2.2 Underground Facilities- genera4.......................................... 4.3 Not Shown or Indicated ....................... 4.3.2 Protection of ............................... 4.3,6.20 Shown or Indicated ............................ 4.3.1 Technical Data.....................................4.2.2 Preconstruction Conference ............................ 2.8 Preliminary Matters ...................................... 2 Preliminary Schedules .................................. 2.6 Premises. Use of ................................. 6.16-6.18 Price, Change of Contract ............................... )I Price, Contract ---definition of .......................... 1.11 Progress Payment. Applications for .................... 14.2 Progress payment-retainae ..........................14.2 Progress schedule. CONTR ACTOR's ..... 2.6. 2.8. 2.9. 6.6. 6.29, 10.4. 15.2.1 Project -definition of .................................. 1.31 Project Representative- ENGINEER's Status During Construction ............ 9.3 Project Representative. Resident -definition of .................................. 1.33 prompt payment by OWNER ........................... 3.3 Property Insurance Additional ........................................... 5.7 general.......................................... 5.6-5.10 Partial Utilization ........................... 5.15, 14.10.2 receipt and application of proceeds .................................. 5.12-5.13 Protection, Safety and ....................... 6.20-6.21.13.2 Punch list............................................14.11 Radioactive Material- definition........................................... 1.32 general..............................................4.5 OWNER'S responsibility for ........................ 8.10 Recommendation of Payment .............. 14.4. 14.5, 14.13 Record Documents ............................. 6.19. 14.12 Records, procedures for maintaining .................... 2.8 Reference Points.......................................4.4 Reference to Standards and Specifications of Technical Societies ................................ 3.3 Article or ParoSrapil Number Regulations. Ltt%%s and (or) ............................ 6.14 Rejecting Defectiv: Work ............................... 9.6 ` Related Work - atSite ........................................... 7.1.7.3 Performed prior to Shop Drawings and Samples submittals review .................... 6.28 Remedies, cumulative ............................ 17.4, 17.5 Removal or Correction of Defective Wor, ...................................... 13.11 rental asreements. OWNER approval required ........ 11.4.5.3 replacement of ENGINEER. by OWNER .............. 8.2 Reporting and Resolving Discrepancies .... 2.5. 3.3:2. 6.14.2 Reports - and Drav ings......................................4.2.1 and Tests. OWNER's responsibility .................. 8.4 Resident Project Representative - definition of ........................................ 1.33 provisionfor ......................................... 9.3 Resident Superintendent. CONTRACTOR'S .......:...... 6.2 Responsibilities- -. CONTR.ACTOR's-in general ........................... 6 ENGINEER's-in general ............................... 9 Limitations on .................................... 9.13 OWN ER's-in general .................................. 8 Retainage............................................. 14.2 Reuse of Documents...................................3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ...................... 6.25 Review of Applications for Progress Pa} menu ...................................... 14.4-14.7 Right to an adjustment ................................ 10.2 Rights of Way .........................................4.1 Royalties. Patent Fees and ............................. 6.12 Safe Structural Loading ............................... 6.18 Safety - and Protection ....... 4.3.2, 6.16, 6.13, 6.20-6.21, 7.2, 13.2 general ........................................ 6.20-6.23 Representative. CONTRACTOR's ................... 6.21 'Samples - definition of ........................................ 1.34 general........................................ 6.24-6.28 Review by CONTRACTOR ......................... 6.25 Review by ENGINEER ....................... 6.26, 6.27 related Work ........................................ 6.2F submittal of ....................................... 6.24. submittal procedures ................................ 6.2: Schedule of progress ..... 2.6. 2.8-2.9. 6.6. 6.29, 10.4, 15.2.' Schedule of Shop Drawing and Sample Submittals ....................... 2.6. 2.8-2.9. 6.24-6.2, Schedule of Values ........................ 2.6. 2.8-2.9. 14. Schedules - Adherence to ..................................... 15.2. Adjusting............................................ 6. Change of Contract Times .......................... 10. Initially Acceptable ............................... 2.8-2. Preliminary .......................................... 2. Scope of Chances .............................. 10.3-10 Subsurface Conditions .............................. 4.2.1 10 Article or Paragraph Number iop Drawings - and Samples. ccneral ........................... 6.24-6.25 Change Ord:rs fi Applications Cur Payments. und...............................9.7-9.9 definition of ......................... . .............. 1.35 ENGI`EER'sapp:opal of .........................3.6.2 ENGINEER's responsibility for reviev,............................... 9.7. 6.24-6.2S related Work ........................................ 6.28 review procedures ......................... 2.8. 6 24-6.28 submittal required ................................. 6.24.1 Submittal Procedures ............................... 6.25 use to approve suh:titutions ........................ 6.7.3 Sho«n or Indicate:! ................................... 4.3.1 Site Access................................:......7.2. 13•'- Site Cleanliness ....................................... 6.17 Site, Visits to - by ENGINEER................................9.2. 13.'_ byothers ........................................... 13.2 "Special causes of loss" policy form, insurance ....... 5.6.2 Specifications - definition of ........................................ 1.36 of Technical Societies. reference to ................. 3.3.1 precedence........................................ 3.3.3 Standards and Specifications of Technical Societies.......................................... 3.3 Starting Construction. Before ....................... 2-5-2.8 Starting the «orlc...................................... 2.4 ;top or Suspend Work- _• by CONTRACTOR ................................. 15.5 by ONVN ER ............................. 8.8. 13.10. 15.1 Storage of materials and equipment ................. 4.1.7.2 Structural Loading. Safety ............................. 6.18 Subcontractor - ....................... Concerning, ........ " * * * 6.8-6.11 definition of ........................................ 1.37 delays.............................................. 12.3 waiver of rights ..................................... 6.11 Subcontractors -in general ........................ 6.8-6.11 Subcontracts -required provisions ........ 5.11, 6.11, 11.4.3 Submittals. - Applications for Payment ........................... 14.2 Maintenance and Operation Manuals ............... 14.12 Procedures ......................................... 6.25 Progress Schedules .............................. 2.6.2.9 Samples ....................................... 6.24-6.28 Schedule of Values ............................. 2.6. 14.1 Schedule of Shop Drawings and Samples Submissions .................... 2.6, 2.8-2.9 Shop Drawings ................................. 6.24-6.28 Substantial Completion - certification of ........................ 6.30.2.3. 14.8-14.9 definition of ........................................ 1.39 Substitute Construction Methods or Procedures ....... 6.7.2 Substitutes and "Or Equal" Items ...................... 6.7 CONTRACTOR's Expense ....................... 6.7.1.3 ENGINEER's Evaluation .......................... 6.7.3 'Or-Equal'........................................6.7.1 Substitute Construction Methods of Procedures ..... 6.7.2 -article or Paragraph r`'rtmber Substitute Items .................................. 6.7.1.2 Subsurface and Physical Conditions- Drasu•incs of. in or relatinc to ..................... 4.2.1.2 ENGINEER's Rc%ie%% ............................. 4.2.4 general..............................................4.2 Limited Reliance by CONTRACTOR Authorized....................................4.2.2 Notice of Differing Subsurface or Physical Conditions ................................ 4.2.3 Physical Conditions ................................. 4.2.1.2 Possible Contract Documents Chance ................. 4.2.5 Possible Price and Times Adjustments ................ 4.2.6 Reports and Dram.•ing: ................................ .1.2.1 Subsurface and ...................................... 4.2 Subsurface Conditions at the Si;e ................. 4.2.1.1 Technical Data...........................1..........4.2.2 Supervision- CONTRACTOR's responsibility ...................... 6.1 OWNER shall not supervise ......................... 8.9 ENGINEER shall not supervise ............... 9.2.9.13.'_ Superintendence........................................6.2 Superintendent, CONTRACTOR's resident .....'...... 6.2 Supplemental costs .................... . ......... . ... 11.�.5 Supplementary Conditions - definition of ........................................ 1.39 principal reference to .... 1.10. 1.13, 2.2, 2.7, 4.2, 4.3, 5.1. 5.3. 5.4. 5.6-5.9, 5.11. 6.8. 6.13. 7.4. 8.11. 9.3. 9.10 Supplementing Contract Documents .................... 3.6 Supplier - definition of ......................................... 1.40 principal references to .................. 3.7, 6.5, 6.8-6.11. 6.1_0. 6.24, 9.13, 14.12 Waiver of Rights .................................... 6.11 Surety - consent to final payment ..................... 14.12, 14.14 ENGINEER has no duty to ......................... 9.13 Notification of ........................... 10.1, 10.5, 15.2 qualification of .................................... 5.1-5.3 Survival of Obligations ................................ 6.34 Suspend Work, OWNER May .................. 13.10, 15.1 Suspension of Work and Termination- .................. 15 CONTRACTOR May Stop. Work or Terminate ........................................ 15.5 OWNER May Suspend Work ....................... 15.1 OWNER May Terminate ....................... 15.2-15.4 Taxes -Payment by CONTRACTOR .................... 6.15 Technical Data - Limited Reliance by CONTRACTOR ............... 4.2.2 Possible Price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions .............................. 4•2•3 Temporary construction facilities ........................ 4.1 Termination - by CONTRACTOR ................................. 15.5 by OWNER ............................... 8.8, 15.1-15.4 of ENGINEER's employment ........................ 8•'- Suspension of Work-in general 15 Terms and Adjectives .................................. 3.4 Tests and Inspections - I Article or Paragraph Number Acce :s to the \\brk. b%- others ...................... 13.2 CONTRACTOR's responsibilities ..... . . . ............ 13.5 costof ............................................... 13.4 coverin; Work prior to ......................... 13.6-13.7 Laws and Rc:_ulatiuns (or) .......................... 13.5 Notice of Defects ................................... 13.1 OWNER May Stop Work .......................... 13.10 0WNER's independent testin, ...................... 13.4 special. required by ENGINEER ..................... 9.6 timely notice required ............................... 13.4 Uncoverin_ the Work. at F.NGINEER*s request .................................... I?.S-13.9 Times- Adjustin_............................................ 6.6 Change of Cont-ict................................... 12 Adjusting ............................................ 6.6 Computation of ..................................... 17.2 Contract Time; -definition of ....................... l.l_ day................................................17.72 Milestones ........................................... 12 Requirements- appeals.......................................... 16 clarifications. claims and disputes ............................. 9.11. 11.2. 12 commencement of contract times ................... 2.3 preeonstruction conference ......................... '_.8 schedules..................................2.6,2.9. 6.6 starting the \1;ork.................................. 2.4 Title, Warranty of ..................................... 14.3 Uncovering Work ................................ 13.8-13.9 Undercround Facilities. Physical Conditions - definition of ........................................ 1.41 Not Sho%,,•n or Indicated ............................ 4.3.2 protection of ................................... 4.3. 6.20 Shown or Indicated ................................ 4.3.1 Unit Price Work - claims ............................................ 11.9.3 definition of ........................................ 1.42 general .................................. 11.9. 14.1. 14.5 Unit Prices - general........................................... 11.3.1 Determination for ................................... 9.10 Use of Premises ........................ 6.16, 6.18,6.30.2.4 Utility owners ...................... 6.13. 6.20, 7.1-7.3. 13.2 Article- or Partrgr,tpl, Nrrnrher Utilization. P::rtial ............... I.'_S. 5.15. 6.30. 2.4. 14.10 Value of the Work ..................................... 11.3 Values. Schedule of ....................... 2.6. 2.S-2.9. 14.1 Variations in \\'ork-Elinor Authorized ................................ 6.25. 6.27. 9.5 Visits of Site -by ENGINEER ......................... 9.2 Waiver of Claiat;-on Final Pavm ent........................................... 14.1i Waiver of Richts by insured parties ................ I. 6. I I Warnntc and Guarantee. General -by CONTRACTOR...................................6.:0 Warranty of Title. CONTRACTOR's ................... 14.3 Work - Accessto ........................................... 1.._ by other; . ............................................. i Chances in the ....................................... 10 Continuin_ the . ..................................... 6.29 CONTRACTOR May Stop Work - or Terminate ................................... 15.5 Coordination of ....................................... 7.4 Cost ofthe..... :................................ 11.4-11.5 definition of ........................................ 1.43 neglected by CONTRACTOR ...................... 13.14 otherWork............................................7 OWNER May Stop \fork .......................... 13.10 OWNER May Suspend Work ................. 13.10, 15.1 Related. Work at Site ............................. 7.1-7.3 Starting the..........................................2.4 Stopping by CONTRACTOR ........................ 15.5 Stoppin.- by OWNER .......................... 15.1-15.4 Variation and deviation authorized. minor...........................................3.6 Work Change Directive - claims pursuant to .................................. 10.2 definition of ........................................ 1.44 principal references to .................... 3.5.3. 10.1-10.2 Written Amendment - definition of ........................................ 1.4, principal references to ... 1.10, 3.5. 5.10, 5.12.6.6.2. 6.8.2 6.19, 10.1. 10.4. 11.2. 12.1. 13.12.2. 14.7.- Written Clarifications and Interpretations ........................... 3.6.3. 9.4. 9.1' Written Notice Required - by CONTRACTOR ........ 7.1. 9.10-9.11. 10.4. 11.2, 12. by OWNER ....................9.10-9.11. 10.4. 11.2. 13.1 12- - GENERAL CONDITIONS ARTICLE 1—DEFINITIONS Wherever used in these General Conditions or in the other Contract Do:umcnis the follo%%in_ terms have the meanie-s indicated «hick are applicable to both the singular and plural thereof- I.I . Addendo—W'riiten or graphic instruments issued prior to the opening of Bids which clarify. correct or chance the Bidding Requiremerts or the Cuntract Documents. 1.3. Agreemen.—The written contract between OWNER and CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Azreenlent and male a part thereof as provided therein. 1.3. Application for Pa incitt—The form. accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and %which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos—Anv material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 1.5. Bid —The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Documents —The advertisement or invitation to Bid, instructions to bidden, the Bid form, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirements —The advertisement or invita- tion to Bid, instructions to bidders, and the Bid form. 1.8. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGI- NEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Document: —The Agreement, Addenda (which pertain to the Contract Documents). CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specifically identified in the Agree- ment, together with all Written Amendments. Change Orders. Work Change Directives. Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1. and 3.6.3 on or after the Effecti%e Datc of the Agreement. Shop Drawing submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and referred to in paragraphs 4.2.1.1 and 4.2'.? arc not Contract Docum,nts. 1.1-1. Contract Price —The moneys payable by OW'N E R to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the A_reemen: (subject to the provisions of paragraph 11.9.1 in the ca.;e of Unit Price Work). 1.13. Contract Troves —The numbers of da) s or the da:cs stated in the Agreement: (i) to achieve Substantial Complciioa. and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's %%ritten recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR -The person, firm or eorpom,60n with whom OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Docu- ments, or does not meet the requirements of any inspection. reference standard, test or approval. referred to in the Contract Documents. or has been damaged prior to ENGI- NEER's recommendation of final payment (unless respor.si- bility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.9 or 14.10). 1.15. Drass•ings The drawings which show the scope. extent and character of the Work to be furnished and per- formed by CONTRACTOR and Which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Effective Dare of the Agreenent—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Consultant —A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGIN EER . which orders minor changes in the Work in accordance with paragraph 9.5 but.which does not involve a change in the Contract Price or the Contract Times. - 13 20. Gcneral Requirc•luc i:ts—Sections of Division I of the Specifications. 1.21. Hazardous lVaste—The term Hazardous Waste shall ha,.e the meaning provided in Section 1004 of the Solid Wacte Disposal Act (42 USC Section 69t13) as amended from rim:: to time. I."_. Laws and Regula ions: Lairs or Rvgtrlations—Any and all applicable laws. rules. regulations, ordinances. codes and orders of any and all coverrmental bodies. agencies. authorities and cuurts having jurisdiction. 1?3. Liens —Liens. charge;. security interests or eecum- brances upon real property or personal property. 1.24. Milestunc—A principal e%ent specified in the Con- tract Documents relating to an intermediate completion da:e or time prior to Substantial Completion of all the Work. 1.25. Notice ofAwar-d—The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, OWNER will sign and deliver the Agreement. 1.26. Notice toProcced—A writ ten notice given by OWN ER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform CONTRAC- TOR's obligations under the Contract Documents. 1.27. 01VNER—The public body or authority, corpora- tion, association. firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.23. Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for w high it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls. 1.30. Petroletrut—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Project —The total construction of which the Work to be provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material —Source, special nuclear• or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.33. Resident Project Represerrtutn•c— The authorized representative of ENGINEER who may be assigned to the site or any part thereof. 1.34. Scrinp!es—Ph)sicalexamples ofmaterials. equip, -rent, or workmanship that are representative of some porion of the Work and w high estab;ish the standards by which such portion of the Work will be judged. 1.35. Shop Drawin,•s—All drawings, diagrams. illustra. tions, schedules and o:her data or information which are specifica!ly prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Specifications —Those portions of the Contract Doc- uments consisting of written technical descriptions of materi- als, equipment, construction systems, standards and wor man= ship as applied to the Work and certain administrative details applicable thereto. 1.37. Subcontractor —An individual, firm or corpomtion having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.33. Substantial Completion —The Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently com- plete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the !Fork refer to Substantial Completion thereof. 1.39. Supplementary Conditions —The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A manufacturer, fabricator, supplier, dis- tributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materi- als or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. L41. Underground Facilities —All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials: electricity, gases, steam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price V`Ibrk—Work to be paid for on the basis of unit prices. A 14 J 1.43. l4'ork—The entire completed construction or the var- ;ous separately identifiable parts thereof required to be fur- .rished under the Contract Documents. Work includes -and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction. and performing or furnishing services and furnishing docu- ments. all as required by the Contract Documents. .1.44. Work Chance D;rectirc—Aw ritten directive to CON- TRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, orderirn; an addition. deletion or revision in the York, or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A \York Change Directive will not change the Contract Price or the Contract Times, but is evidence that the parties expect chat the change directed or documented by a Work Change Direc- tive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment —A written arnendment of 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 Docu- ments. ARTICLE 2—PRELIMINARY MATTERS Delivery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed. 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. 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 ear!i_r. Starring the lfork: 2.4. CONTRACTO2 sh;al st..irttt% pej'or;n the %\'ork on the date when the Contract Times comrren.c to run. but no Work shall be done at the sit? prior w the date on %%hick the Contract Times commence to run. Before Starring Cortstmc:ion: 2.5. Before undertaking each part of the Work. CON' - TRACTOR shall carefully study and comp -re the Contraz: Documents and check and verify pertinent figures shown thereon and all applicable field meaiurerients. CONTRAC- TOR shall promptly report in writing to ENGINEER an% conflict, error, ambiguity or discrepancy «hick CONTRAC- TOR may discover and shall obtain a .written interpretation or clarification from ENGINEER before proceeding with an. 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 Doc- uments, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements). CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required submittal and the times for submitting. reviewing and processing such submit- tal; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices swill include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.7. 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 Condi- tions, 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 para- graphs 5.4. 5.6 and 5.7. Preconstruction Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference 15 attended by CONTRACTOR. ENGINEER and others as ap- propriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6. procedures for handling Shop Drawings and other submittals. processing Applications for Payment and maintaining required records. Ir:it•ally Acceptable Schedules: 1_.9. Unless otherwise provided in the Contract Docu- ments. at least ten days before submission of the first Applica- tion for Payment a conference attended by CONTRACTOR. ENGINEER and others as appropriate will be held to re%ie�% for acceptability to ENGINEER as provided below the sched- ules submitted in accordance --with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGI- NEER responsibility for the sequencing, scheduling or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule of Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, AMENDING. REUSE Intern: 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con- structed in accordance %with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clarifi- cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4, 3.3. Reference to Standards and Specifications of Technical Societies; Reporrirrg and Resoli-ing Discrepancies: 3.3.1. Reference to srindards. specifications. manua!s or codes of any technical society, organization or association. or to the Laws or Regulation; of any governmental authority, whether such reference be specific or by implication. zhall mean the latest st:trd•: rd. 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 there %%ere no Bids), except as may be otherwise specifically stated in the Contract Document- 3.3.2. If, during the performance of the Work, CON- TRACTOR discovers any conflict, error. ambiguity or dis- crepancy within the Contract Documents or bev-%een the Contract Documents and any provision of any such La,% or Regulation applicable to the performance of the 1Vork or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5, CONTRACTOR shall report it to ENGINEER in writing at once, and. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as authorized by paragraph 6.2:) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGI- N EER for failure to report any such conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indi- cated in paragraph 3.5 or 3.6. the provisions of the Contract Documents shall take precedence in resolving any conflict. error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. -the provisions of any such standard, speci- fication, manual, code or instruction (whether of not specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any such Laws or Regu- lations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard, specification, manual, code or instruction shall be effective to change the duties and responsibilities of OWN ER. CONTRACTOR or ENG 1 N E ER, or any of their subcontractors. consultants, agents, or em- ployees from those set forth in the Contract Documents, nor, shall it be effective to assign to OWNER. ENGINEER or any of ENG INEER's Consultants, agents or employees any duty or authority to supervise or direct the furnishing or IN performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- •raph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms "as ordered.** %ts directed." "as required: ' "as allowcd: ' "as appro%ed" or terms of like effect or import are used, or the adjectives "reasonable: "'suitable; "'acceptable," "proper' or "satisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or jud,- ment of ENGINEER as to the Work. it is intended that such requirement. direction, review or judgment will be solely to evaluate. in general. the completed Work for compliance with the requirements of and information in the Contract Documents and conforniznce .with the design concept of the completed Project as a functioning v-hole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provi- sions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Docruncnts: M. The Contract Documents may be amended to provide : additions. deletions and revisions in the Work or to modify .ne terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Docu- ments may be supplemented, and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.6.1. a Field Order (pursuant to paragraph 9.5), 3.6.2. ENGINEER's approval of a Shop Drawing or Sample jpursuan( to paragraphs 6.26 and 6.27), or 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse of Documents: 3.7. CONTRACTOR, and any Subcontractor or Supplier ,r other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER (i) shall not have or acquire any title to or ownership rights in any of the Drdwings. Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant.:..nd liif shall not reuse any- of such Drawings. Specifications. other documents or copies on extensions of the Project or any other project without «rie.n consent of OWNER and ENGINEER and specific %,-ritten verification or adaption by ENGINEER. ARTICLE 4--AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS Arailabilil• of Lands: 4A. OWNER shall furnish. as indicated in the Contract Documents. the lands upon which the Work is to be performed. rights -of -.way and easements for access thereto. and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request. OWN ER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use oflands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of -sway or easements. CONTRACTOR may make a claim therefor as provided in Articles II and 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2. Physicat Conditions: Those drawines of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in prepar- ing the Contract Documents. 17 4.2.2. Limited Reliance by CONTRACTOR Authorized: Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings. but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data.** CONTRACTOR may not rely upon or make any claim acainst OWNER. ENGINEER or any of ENGINEEWs Consultants ,%ith respect to: 4.2.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes. including. but not limited to. any aspects of the means, methods. techniques. se- quences anJ procedures of construction to be employed I,% CONTRACTOR and safety precautions and programs inci- dent thereto. or 4.2.2.2. other data. interpretations. opinions and infor- mation contained in such reports or shown or indicateJ in such drawings, or 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. tti'otice of Differing Subsurface or Physical Condi- tions: if CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents, or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23), notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. 4.2.5. Possible Contract Doctrnuvrts Clrarr;c: If ENGI. NEER concludes that a ehan:e in the Contract Documents i required as a result of a condition that meets one or more of the categories in paragraph 4.2.3.. a Work Chance Directive or a Change Order will be issued as provided in Article 10 to refle,:t and document the consequences of such change. 4.2.6. Possible Pricc turd Tirru-s Adjrrstrnc- tits: An equitable adjustment in the Contract Price or in the Contract Times. or both, will be atloa.�ed to the extent that the existence of such uncovered or re, ca!:d condition causes an increase or de- crease in CONTRACTOR's cost of, or time required for performance of, the Work: subject, however. to the folio,\ ing: -4-2.6.1. such condition must meet any one or more of the categories described in paragraphs 4.2.3.1 through inclusive; 4.2.6.2. a change in the Contract Documents pursuant to paragraph 4.2.5 w ill not be an automatic authorization of nor a condition precedent to entitlement to any such adjustment-, 4.2.6.3. with respect to «'ork that is paid for on a Unic Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition cou,!d rea- sonably have been discovered or revealed as a result of any examination, investigation, exploration, test o: study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree or entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times. a claim may be made therefor as provided in Articles 1 i and 12 However, OWNER, ENGINEER and ENGINEER's Consult ants shall not be liable to CONTRACTOR for any claims costs, losses ordamaces sustained by CONTRACTOR on or it connection with any other project or anticipated project. 4.3. Physical Condirions—Underground Facilities: 4.3.1. Shown or Indicated: The information and data shoµ or indicated in the Contract Documents with respect to existir Underground Facilities at or contiguous to the site is based c 18 information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa. tion or data: ana 4.3.1.2.- The cost of all of the following µ ill be included in the Contract Price and CONTRACTOR shall have full resporr sibility for: (i) reviewin- and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordin:,tion of the Work with the owners of such Underground Facilities during construction. and (iv) the safety and protection of all such Undergrounds Facilities as provided in paragraph 6.20 and repairing c,m damage thereto resulting from the Work-. 4.3.2. ,Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which µ as not shown or indicated in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the oµ ner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the tistence of the Underground Facility. If ENGINEER con- cludes that a change in the Contract Documents is required, a Work Change Directive or a Chance Order will be issued as provided in Article 10 to reflect and document such conse- quences. During such time, CONTRACTOR shall be respon- sible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be al- lowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence of any Underground Facility that was not shown or indicated in the Contract Documents and that CON- TRACTOR 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 entitle- ment to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Articles I I and 12. However, OWNER, ENGINEER and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages incurred or sustained by CONTRACTOR on or in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's ? udgment are necessary to enable CONTRACTOR to proceed > Ath the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER µhenever any reference point is lost or destroyed or requires relocation because of necessary chances in grades or locations. and sliall be respon. sible for the accurate replacement or relocation of such rc:er- ence points by profesiional!y qualified personnel. 4.5. Asbestos, PCBs, Petroleum. Hazardous \Paste or Radio- active Materkd: 4.5.1. OWNER sh:dl ;�-e responsible for any As:,-stos. PCBs. Petroleum. Hazudous Write or Radioactive Material uncovered or revealed at the site which µas not shown or indicated in Draµings or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial dancer to persons or property exposed thereto in connection with the Mork at the site. OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR. Subcontractor. Suppli- ers or anyone else for µhom CONTRACTOR is responsible. 4.5.2. CONTRACTOR shall immediately: (i) stop all Work in connection µith such hazardous condition and in any area affected thereby (except in an emergency as re- quired by paragraph 6.23). and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writinc). OWNER shall promptly consult µ ith ENGINEER concern- ing the necessity for OWNER to retain a qualified expert to evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special 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 the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a resatlt of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed, either party may make a claim therefor as provided in Articles I I and 12. 4.5.3. If after receipt of such special 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 such portion of the Work that is in connection with such hazardous condition or in such af- fected area to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles I l and 12. OWNER may have such deleted portion of the Work performed by 0WNER's own forces or others in accordance with Article 7. 4.5.4. To the fullest extent permitted by Laws and Reg- ulations. OWNER shall indemnify and hold harmless CON- TRACTOR, Subcontractors. ENGINEER, ENGINEER's 19 Consultants and the officers. directors. employees. agents. other consultants and subcontractors of each and any of them from and against all claims. costs, losses and damages arising out of or resulting from such hazardous condition. provided that: (i) any such claim, cost, loss or dama_e is attributable to bodily injury, sickness. disease or death, or to injury to or destruction of tangible properly (other than the V,ork itself), including the loss of use resulting therefrom. and (ii) nothing in this subparagraph 4.5.4 shell obli=ate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own ne,li- _ence. 4.5.5. The provisions of paragraphs 4.2 and 4.3 are not intended to apply to Asbestos. PCBs. Petroleum. Hazard-ou, W,1ste or Radioactive Material uncovered or re%ealed at tE:c site. ARTICLE 5—BONDS AND INSURANCE Performance, Payment and Other Bonds: 5.1. CONTRACTOR shall furnish Performance and Pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also fumish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular570 (amended) by the Audit Staff, Bureau of Government Financial Opera- tions, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. 5.3. Licensed Sureties and Insurers; Certificates of Insurance: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the juris. diction 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 requirement: and qualifications as may be pro. vided in the Supplementary Conditions. 5.3.2. CONTRACTOR shall deliver to OWNER. %%ith copies to each additionzat insured identified in the Supple- mentary Conditions. certificates of insurance (and other evidence of insui.tnce requested by OWNER or any other additional insured) %\ hich CONTRACTOR is required to purchase and maintain in accordance with paragraph 5..:. OWNER shall deliver to CONTRACTOR. \%ith copies to each additional insured identified in the Supplernentar\ Conditions, certitic:uet, of insurance (and other e%idence of insurance requested b CONTRACTOR or .any other ad.li- tional insured) %%hich OWN, ER is required to purchase ;end maintain in accordance %%ith paragraphs 5.6 and 5.7 hereof. COATKACTOR's Licbility Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the NVork being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR'S performance and furnishing of the Work and CONTRACTOR's other obligations under the Con- tract Documents. whether it is to be performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform or furnish any of the Wore. or by anyone for N%hose acts any of them may be liable: 5.4.1. claims under %workers' compensation, disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease. or death of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury. sick- ness or disease, or death of any person other than CON- TRACTOR's employees: 5.4.4. claims for damages insured by customary personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or 00 by any other person for any other reason: 5.4.5. claims for damages. other than to the Work itself, because of injury to or destruction of tangible properly wherever located, including loss of use resulting therefrom; and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. 20 l 1 The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. %%ith respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sionalliability)OWNE:R. ENGINEER. ENGINEER'SCon- sultams and any other persons or entities identified in the Supplementary Conditions, all of %�hom shall be listed as additional insureds. and include coverage for the respective officers and employees of all such additiural insureds; 5.4.8. include the specific eowemces and be %tritten for not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulation;, whichever is treater: 5.4.9. include completed operations insurance: 5.4.10. include contractual liability insurance eo�erin, CONTRACTOR's indemnity obligations under paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that the coverage afforded will not be cancelled. niateria!ly charged or renewal refused until at least thirty days prior written notice has been eiven to OWNER and CONTRACTOR and to each other additional insured identified in the Supplemen- tary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CONTRACTOR pursuant to paragraph 5.3.2 will so pro- vide); 5.4.12. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correct- ing, removing or replacing defective Work in accordance With paragraph 13.12; and 5.4.13. %with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supplementary Condi- tions to whom a certificate of insurance has been issue evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OlViVER's Liabdily Insurance: 5.5. In addition to the insurance required to be provided by CONTRACTOR under paragraph 5.4. OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Iroperry Insurance: 5.6. Unless otherwise provided in the Supplementary Con- ditions, OWNER shall purchase and maintain property insur- ance upon the Work :it the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by La%ts and Recur:ions). This insurance shall: 5.6.1. include the interests of OWNER. CONTRAC- TOR. Subcontractors. ENGINEER. ENGINEER's Con- sultants and any other persons or entities idera- -d in the Supplementary Conditions. each of %vhom is deerned to have an insurable interest _r.d sha!1 be listed as ;in insured or additional insured: 5.6.2. be m ritten on a Builder's Risk "a!1-risl' or open peril or special causes of loss policy form that sh _II at least include insurance for physical loss or damage to the Work. temporary buildings, faise,.vork and Work in transit and shall insure against at least the following perils fire, lightning. extended coverage, theft, vandalism and malicious mischief. earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damsg.c. and such other perils as may be specifically required by the Supplementary Conditions; 5.6.3. include expenses incurred in the repair or replace- ment of any insured prod erty (including but not limited to fees and charges of engineers and architects); 5.6.4. cover materials and equipment stored at the site or at another location that 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 Applica- tion for Payment recommended by ENGINEER; and 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER. CON- TRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a' certificate of insurance has been issued. 5.7. - OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Reeulations which will include the interests of OWNER, CONTRACTOR, Subcontractors. ENGINEER, ENG IN EER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. 5.8. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.11. 21 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance 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 %%ithin such iden- tified deductible amount. will be borne by CONTRACTOR. Subcontractor or others suffering any such loss and if any of ti:_m wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's ot%n expense. 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraphs 5.6 or 5.7. OWNER shall. if possi- ble, include such insurance. and the cost thereof still be charged to CONTRACTOR by appropriate Change O.-Jer or Written Amendment. Prior to commencement of the Work ;it the site. OWNER shall in %%ri:ing adsise CONTRACTOR whether or not such other insurance has been procured by 0WNER. 5.11. Waiver of Rights: 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no ri• hits of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors. employees and agents for all losses and damages caused by. arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: 5.11.2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the `Fork caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 5.11.2.2. loss or damage to the completed Projc:t or part thereof cau>ed by. arising out of or resultin_ frost Ert" or other insured perii covered by any propertc in;ur�nce maintained on the completed Project ur part thereof b, OWNER during partial utilization pursuant to parag:ap5 14.10. after sub>t;zntial completion pursuant to p::ragr apy 14.8 or after fin.-.! payment pursuant to paragraph 11.1;. Any insurance policy maim-,:intd b9 OWNER coverin_ ;:n% loss. damage or consequential loss referred to in this paragraph. 5.1 1.2 shall contain provisions to the effect that in the eve::* of payment of any such foss. damage or consequential loss the insurers will hate no rights of reco,-ery against ;in.. of CON. TRACTOR. Subcontractors. ENGINEER. ENGI N EER's Con. sultants and the officers. directors. cmployees and and' of them. Receipt and .application of Insurance Proceeds Any insured loss under the policies of inse:ar. e required by paragraphs 5.6 and 5.7 will be adjusted %tith OWNER and made parable to OWNER as fiduciary for En, - insureds, as their interests may appear, subject to the require- ments of any applicable mort-ace clause and of paragraph 5.13. OWNER shall deposit in a separat_ account -any money so received, and shall distribute it in accordance with such as,-e_- ment as the parties in interest may reach. If no other spec;_11 agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account tt,ereof and the Work and the cost thereof covered by an appropriate Chance Order or Written Amendment. 5.13. 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 fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settiemne nt with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss with the insurers and, if required in writing by any party in interest. OWNER as fiduciary shall give bond for the proper performance of such duties. Acceptance of Bonds and Insurance; Option to Replace: 5.14. 11 either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.7.OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any chance in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other patty's interests at the expense of the party t%ho vtias 22 required to provide such coverage, and a Chance Order shall .•e issued to adjust the Contract Price accordingly. Partial Lrili:arion—Properr Insurance: 5.15. 1; OWNER finds it necessary to occupy or use a portion or p, rtion; of the Work prior to Substantial Completion of all the Work. such use or occupancy may be accomplished in accordance w ith paragraph I4.10: provided that no such use or occupancy shall commence before the insurers providing the property insurance ha\e acknowledged notice thereof and in writing effected any chances in coverage necessitated thereby. The insurers pro-. iding the property insurance shall consent by endorsement on the policy or policies. but the property insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES Supen•ision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention hereto and applying such skills and expertise as may be ,ecessary to perform the \fork in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible for the means, methods• techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of others in the design or specification of a specific means, method. technique, sequence or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor,'4faterials and Equipment: 6.3. CONTRACTOR shall provide competent, suitably qual- ified personnel to survey, lay out and construct the %York as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except s otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR «ill not permit overtime work or the perfor. mance of Work on Saturday. Sunday or any legal holiday without OWNER's written consent ci%en aft_r prior written notice to ENGINEER. 6.4. Unless other\6;e specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment. labor. transportation. con- struction equipment and machinery. tools, appliances, fuel. power, light. heat. telephone. \\:tter. sanitary facilities. tempo- rary facilities and all other facilities and incidentals necessary for the furnishing. performance. testing. start-up and comple- tion of the Work-. 6.5. All materials and equipment shall be of good quality and new. except as otherx�ise provided in the Contract Docu- ments. All warranties and cuarantecs specifically called for by the Specifications shall expressly run to the benefit of OWNER. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied. installed. connected, erected, used. cleaned and conditioneJ in accordance with instructions of the applicable Supplier. except as otherwise provided in the Contract Documents. Progress Schedule: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance With Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: 23 6.7.1.1. "Or -Equal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no chance in related Work will be required, it may be considered by ENGINEER as an "or -equal" item. in n hich case review and approval of the proposed item may. in ENGINEER's sole discretion, be accomplished v� ithout compliance .with some or all of the requirements for acceptance of proposed substitute items. 6.7.1.2. Sr?).sritwe !tears: If in ENGINEER'S sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1. it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient information as provided belo-.y to allow ENGINEER to determine that the item of nimeri I or equipment proposed is essentially equivalent to that named and an acceptable SUb,tltUtC therefor. The procedure for review by the ENGINEER will include the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for re%ie,-y of proposed substitute items of material or equipment v%ill not be accepted by ENGINEER from anyone other than CONTRACTOR. if CONTRACTOR wishes to furnish or use a Substitute item of material or equipment. CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying - that the proposed substitute µ•ill perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application %vill state the extent, if any. to which the evaluation and acceptance of the proposed substitute will prejudice CON- TRACTOR's achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result. directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting chance, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CONTRACTOR's Etpense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR's expense. 6.7.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence or procedure of construction is sho,.vr or indicated in and expressly required by the Contract Documents. CONTRACTOR may furnish or utilize a substitute means. method. technique. sequence or procedure of construction acceptable to ENGINEER. CON. TRACTOR shall submit sufficient information to allow ENG[. NEER, in ENGINEER's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENG[- N EER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. E+rtir cr's Evaluation: ENGINEER will be alto«ed a reasonable time ,kith;n which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No --o,- equal" or substitute will be ordered, installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or Other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWN ER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit- ted by CONTRACTOR. CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER as indicated in paragraph 6.8.2), whether initially or as a substitute. against whom OWNER or ENGINEER may have reason- able objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior to the Effective Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection after due investigation, in which case CONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such 24 substitution ar-d an appropriate Chance Order will be issued or Written Amendment signed. No acceptance by OWNER or E`GI\ EEK of :cny such Subcoatractor. Supplier or other person or organization shall constitute a %%ziker of any ri ht of OWNER or ENGINEER to reject dcfcc•live Work. 6.9.1. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and oniissiuns of the Subcontractor;. Suppliers and other persons and organiza- tions performing or furnishing, any of the Work under a direct or indirect contract with CONTRACTOR just ;is CON- TRACTOR is rcs;:�n�ible for CONTR:\CTOR's ok%n acts and omission;. Nothing in the Contract Documents shall create for the hcnefit of any such Subcontractor. Supplier or other person or er_anization any contractual relationship between OWNER or ENGINEER and any such Subcon tractur. Supplier or other person or organization. nor shall it create any obligation on the part of OWNER or ENGI- NEER to pay or to see to the payment of any moneys du_ any such Subcontractor. Supplier or other per;,�n or organi- zation except as may otherwise be required by Ln%%s and Regulations. 6.9.2. CONTRACTOR shall be sorely responsible for scheduling and coordinating the Wcirk of Subcontractors. Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract .with CONTRACTOR. CONTRACTOR shall require all Sub- contractors. Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawwings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Docu- ments for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7. the agreement between the CONTRACTOR and the Subcontractor or Supplier v.-ill con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR. ENGINEER. ENGIN EER's Consultants and all other additional insureds for all losses and damages caused by. arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier. CONTRACTOR will obtain the same. 9atent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royal- ties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention. design, process. product or device which is the subject of patent rights or eopyrichts held by others. If a particular invention, desicn, process. product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual kn000ledge of OWNER or ENGINEER its use is subject to patent right; or copyrights calling for the pay rt:ent of any license fee or ro.vi Ity to others. thee xiSEence of such rights shall be disclosed by OWNER in the Contract Documents. To the fu!le,t evtent permitted by Laos and Regulations. CONTRACTOR shall indemnify and hold harm - OWNER. ENGINEER. ENGINEER's Consultants and the officers. directors. emplo\ ees. a^_ents and other consultants of each and any of then: from and against all claims. costs. Ios;es and damages arising out of or resulting from any infrince-m-ent of patent ri:_hts or copyrights incident to the use in the performance of the Work or resulting from the incorpors- tion in the Work of any invention. design; process, pro loge or device not specified in the Contract Documents. Peen: its: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR sha!1 obtain and pay for all con- struction permits and licenses. OWNER shall assist CON- TRACTOR, when necessary. in obtaining such permits and licenses. CONTRACTOR shall pay all goverrtmental charces and inspection fees necessary for the prosecution of the Work. which are applicable at the time of opening of $ids, or, if there are no Bids, on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work. and OWNER shall pay all charces of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWN ER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to Lama's or Regulations, CONTRACTOR shall bear all claims. costs. losses and damages caused by, arising out of or resulting therefrom; however, it shall not be CONTRACTORS pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 3.3.2. Taxes: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of 25 the project w high are applic:tl,;e during the performance of the Work. L'se of Premises.' 6.16, CONTRACTOR sh:::! confine construction equip- ment, the storage of materials and equipment and the opera- tions of workers to the site and land and areas identified in and permitted by the Contract Do_uments and other land and areas <<rmiaed by La«s and Regulations. rights -of -way, perrr,its and cascntents. and shall not unreasonably encumber the premise; with construction equipment or other materials or equipment. CONTRACTOR shall assume fu!I responsibility for any dam ace to any such land or are-. or to the owner or occupant thereof or of any adjacent Ian f or areas. resulting from the performance of the Work. Shou!d :in% chm uhe made by any such owner or occupant because of the performance of the Wurk. CONTRACTOR shall promptly settle with such other party by negotiation or other% ise resolve the claim by arbitra- tion or other dispute resolution prozeeding or at law. CON- TRACTOR shall. to the fullest extent permitted by Laws and Regulations. indemnify and hold harmless OWNER. ENGI- NEER, ENGINEER's Consultant and anyone directly or indirectly employed by any oft:,=m from and against all claims. costs, losses and damages arising out of or resulting from any claim or action, legal or equita�-le. brought by any such owner or occupant against OWNER. ENGINEER or any other party indemnified hereunder to the e\tent caused by or based upon CONTRACTOR's performance of the \Fork. 6.17. Durinc the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by 0WNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject anypart of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Charge Orders, Work Change Direc- tives, Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all chances made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents. Samples and Shop Draw•- in;s will be deli\,rred to ENGINEER for OWNER. t� Safely and Protection: 6,20. CONTRACTOR shall be responsible for initiating. maintaining and super,-isin__ all safety precautions and pro- grams inconnection with the Work. CONTRACTOR shall take all necessary precauzioni for the safety of. and shall provide the necessary prole :ion to prevent damage, injury or loss to: 6.20.1. all perio- on the \fork site or who may bL affected by the Work' ` 6.20.2. all the Work and materials and equipment to be incorporated therein. -�\ hether in storage on or oft' the sits; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs. lawns, walks, pavements, roadways, structures, utilities and Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR sha!I comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. All dama.-e, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the NVork or anyone for «hose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). COS 1TRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 1.1.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple' tion). Safely Representative: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and 26 responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Hazard Communication Programs: 6.22. CONTRACTOR shall be responsible for coordinating any exchaoge of m aerial safety data sheets or other hazard communication information required to be made available to or exchanged bet%%cen or among employers at the site in accor- dance with Laws or K ;ulations. Emergencies: 6.23. 1n emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR, without special instruction or au- thorization from OWNER or ENGINEER, is obligated to act to prevent threatened damage, injury or loss. CON- TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. if ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency. a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.2.3. Shop Drawings and Samples: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- ties, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materi- als and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The num- bers of each Sample to be submitted will be as specified in the Specifications. 6.25. SubmkW Procedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple, CONTRACTOR shall have determined and verified: 6.25.1.1. all field rleacurements. quantities. dimen- sions. specified perfnrtna n_e criteria. installation require- ments, material;. c;:rao_ numbers and similar information «ith respect thereto. 6.25.1.2. all r.: trri: !s with respect to intended use. faurication. shipping. h: ndling. storage. assembly- and installation penal;tin_ to the performance of the Work. and 6.25.1.2. all inform;a:ion relative to CONTRACTOR's sole responsibiliti_> in respect of means. methods, tech- niques. sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall a!so have re%ie%\ed a;:d coordim.tled each Shop Drawing or Sample \%ith other Shop Drawings and Samples and %%i:h the requiremen:s of the Work and tht Contract Documents. 6.25.2. Each submittal N ill bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission. CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents. such notice to be in a written communication separate from the submittal; and, in addition. shall cause a specific notation to be made on each Shop D:awina and Samplc submitted to ENGINEER for review and approval of each such variation. 6.26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, se- quence or'procedure of construction is specifically and ex pressly called for by the Contract Documents) or to.safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variation from the requirements of the Contract 27 Dozitments unless CONTRACTOR has in writing called EN- GINEER's attention to each such variation at the time of .-.,;,mission as required by paragraph 6.25.3 and ENGINEER =::s given written approvid of each such %ariation by specific m-ritten notation thereof incorporated in or accompanying the Shun Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for cemplyinc with the requirements of paragraph 6.25.1. 6.'S. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9. any related Work performed prior to ENGI- N EER's review and approval of the pertinent submittal will be at the sole eNpense and responsibility of CONTRACTOR. Cuntinuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements w ith OWN ER. No Work shall be delay ed or postponed pend- ing resolution of any disputes or disagreements, eccept as permitted by paragraph 15.5 or as OWNER and CONTRAC- TOR may otherwise agree in writing. 6.30. COATR4CTOR's General ttarraitg• and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER, ENGINEERand 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: 6.30.1.1. abuse, modification or improper maintenance or operation by persons other than CONTRACTOR. Sub- contractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage 6.30.2. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.3. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part thereof by OWNER; 6.:0.2.5. any acceptance by OWNER or an. taiture t,. do so: 6.30.2.6. any rc•. iev- and approv:d ok a Shop raw in, or Sample submittal or the issuance of it notice of accept. ability by ENG1N%ER pursuant to parazi-aph 1,1:: 6.30 2.7. any i ;>xaion. test or approvad by other:: or 6.30.2.8. anNcorreiionoftt:fec•rii-cWork bNOWN ER. lltde /lirrification: 6.31. To the fullest extent permitted by Laws and ReguL:• tions. CONTRACTOR shall indemnify and hold h:irmle: OWNER. ENGINEER. ENGINEER's Consultants and the officers, directors, employees, agents and other consultants of each and any of them from and against all claims. costs. IJssei and damages (including but not limited to all fees and eharees of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance. of the \Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury. sickness, disease or death, or to injury to or destruction of tangible property (other than th= Work itself), including the loss of use resulting therefrom. and (ii) is caused in whole or in part by any negligent act or omission of CONTRACTOR. any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the «'ork 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 a person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants, agents, officers. directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor. Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER's Consultants, officers. directors. employees or agents caused by the professional negligence. errors or omissions of any of them. Sur -rival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with A :j 29 .. the Contract Documents. as well as all continuing oblications indicated in the Contract Documents, will survive final pav- tent, completion and acceptance of the -Work and termination or completion of the Agreement. ARTICLE 1—OTHER WORK Related I Vork ru Sitc: 7.1. OWNER may perform other work I :!d t, the Project at the site by OWNER-s o%%n forces. or let other direct contracts therefor which shall contain General Condi- tions similar to these. or have other work performed by utility o«ners. If the fact that such other work is to be performed was not noted in the Contract Documents. then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work. and (ii) CONTRAC- TOR may make a claim therefor as provided in articles 1 i and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility jw•ner (and OWNER. if OWNER is performing the addi- tional work with OWN ER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting. excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7. CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure so to -epori will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the project at the site. the following will be set forth in Supplementary Conditions: 7.4.1. the person. firm or corporation who will have authority and responsibility for coordination of the activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such author- ity and responsibility %% ill be itemized: and 7.4.3. the extent of such authority and responsibilities «ill be provided. Unless other-ise provided in the Supplementary Condi- tions. OWNER shall have sole authority and responsibility 1:1 respect of such coordination. ARTICLE S—OWNER'S RESPONSIBILITIES S.I. Except as otherwise provided in these General Condi- tions, OWNER sha!l issue all communications to CONTRAC- TOR through ENGINEER. S.2. In case of termination of the employment of ENGI- NEER. OWNER sha!l appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. S.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points arc set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGiNEER in preparing the Contract Documents. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. paragraph 15.2 deals with OWNER's right to terminate services of CON TRACTOR under certain circumstances. 29 ,.9. The OWNER shall not supervise, direct or have control or authority over. nor be responsible for. CONTRAC- TOR's means. methods, techniques. sequences or procedures of construction or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with La«s and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER %%ill not he responsible for CONTRACTOR's failure to p_rform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibi!:iy in respect of undisclosed Asbestos. PCBs. Petroleum, Hazardous Waste or Radloacti%e \laterials uncovered or rewea!ed :it the site is set forth in paragraph 4.5. &H. If and to the extent OV NER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfy 0\%'NER's obligations und:r the Contract Documents. OW'NER's responsibility in respect thereof v, Ill be as set forth in the Supplementary Con iitions. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION 0lrV ER's Representative: 9.1. ENGINEER will be OW'NEWs representative during the construction period. The duties and responsibilities and the Iimitations of authority of ENGINEER as OWNER'S repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visas to Site: 9.2_ ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- N EER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against dtjective Work. EN- GINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13. and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise. direct. control or ha%c authority over or be respon. sible for CONTRACTOR's means. methods. techniques. s_- quences or procedures of construction, or the safety precau- tions and prornms incident thereto. or for any failure of CONTRACTOR to coniply with Latws and Regulations appli- cable to the furnishing or performance of the Work. Project Representative: 9.:. VOWi`ER and ENGINEER agree, ENGINEER will fumish a Resident Project Representative to assist ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representati%a and assistants v.-Ill be as provided in paragraph 9.13 and in the Supplementa: y Conditions. If OWNER desienates another representative or agent to represent OWNER at the site who is not ENGI- NEER's Consultant, agent or employee. the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. CLzriricc:ons and Interpreta-'ions: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRAC- TOR. if OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article I I or Article 12. Authorized Variations in {fork: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the panies are unable to agree as to the amount or extent thereof, OWNER or CONTRACTOR may make a written claim therefor as provided in Article I I or 12. Rejecting Defective Mork: 9.6. ENGINEER will have authority to disapprove or reject Work Hhich ENGINEER believes to be defective, or 30 that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that «ill prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work ns provided in paragraph 135.9. whether or not the Work is fahricated, installed or completed. Stop Drati•ir:gs, Charge Orders and Pryrnerrrs 9.7. In connection with ENGINEER's tw'.honly as to Shop Dramtings and Samples. see paragraphs 6.24 through 6.28 inclusive. 9.8. In connection with ENGINEER'S authority as to Change Orders, see Articles 10, 11. and 12. 99. In connection with ENGINEER's authority as to Applications for Payr.ient, see Article 1.3. Determiru- ions for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A. "Dispute Resolution Agreement;' entered into between OWNER and CONTRACTOR pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into. a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing With a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promplN (but in no event later than thirty days) after the start of the occurrence or e%ent giving rise thereto. and writtca supporting data will be submitted to ENGINEER and the other par,y within sixty days after the start of such occurrence or cent unless ENGINEER allows an additional period of time for the submission of additional or more a :curate data in support of such claim. dispute or other matter. The opposing party shalt submit any respt,nse to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render .1 formal decision in writing within thirty days after receipt of the opposing party's submittal, if any. in :accordance wish this pa graph. ENGINEER's written decision on such claim. dispute orothermatter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's d_cision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A. "Dispute Reso- lution Agreement;' entered into between OWNER and CON- TRACTOR pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal froin ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such riches or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CO NTR. ACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11. ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.1 I with respect to any such claim, dispute or other matter (except any which have 'been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.13. Limitadons on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibil- ity 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 owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or em- ployee or agent of any of them. 31 9.13.2. ENGINEERuit;not supervise, direct, con- trol or have authority over or be responsible for CONTRACTOR's means. methods, techniques, se- quences or procedures of construction, or the safety precautions and programs incident thereto. or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. ENGINEER will not be respon- sible for CONTRACTOR's failure to perfornt or fur- nish the Work in accordance .%ith the Contract Documents. 9.13.3. ENGINEER w ill not be responsib!e for the acts or omissions of CONTRACTOR or of any Sub- contractor, any Supplier, or of ant- other person or organization performing or fttrnishinE any of the Work. 9.13.4. ENGIN EER's review of the final Applica- tion for Payment and accompanying documentation and all maintenance and operating instruction;, sched- ules, guarantees, bonds and certificates of inspection. tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certi- fied indicate compliance with, the Contract Docu- ments. 9.13.5. The limitations upon authority and respon- sibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Rep- resentative and assistants. ARTICLE 10—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety. OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document. CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article 1 I or Article 12. 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER ;%n.1 CONTRACTOR shall execute appro. priate Chance Orden rezornniended by ENGINEER (or \\'rit. ten Amendments) eo%ering: 10.4.1. change> ir, the Work %hich are (1) ordered by OWNER pursuant to i -racraph 10.1. (ii) required because of acceptance of d jec;i:C Work under paragraph 13.13 or correcting dr;'ecrr::- \t'o,k ender pamrraph 13.14. or agreed to by the p_ ; e�-: 10.4.2. ch-anges in thz. Contract Price or Contract Tirttes -.hich are agreed to by the parties: and 10.4.3. chanecs in the Contract Price or Contract Times «hick embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.1 I: provided that, in lieu of executing any such Chance Order, an appeal may be taken from any such decision in accordance v, i,h the provisions of the Contract Documents and applicable Laws and Regulations. but during any such appeal, CON- TRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to. Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compensa- tion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to or undertaken by CONTRACTOR shalt be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of the claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which the claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will .j 32 r• be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Chance Order or of any claim for an adjustm_nt in the Contract Price will be determined as follo-s: II.3.1. %here the Work involved is covered by unit prices contained in the Contract Documents. by application Of such unit `:ices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3. inclusive); whtre the Work involved is not covered by uni: prices contained in the Contract Documtn:s, by a mu!ua!i. agreed lump sum t.which may include an allowance for overhead and profit not necessarily in accordance v.i;h paragraph 11.6.21: 11.3.3. •there the Work involved is not cowered by unit prices contained in the Contract Documents and agreement to a lump suns is not reached under paragraph 1 L-1.2, on the basis of the Cost of the Work (determined as provided is paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determiner) as provided in paragraph 11.6). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. 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 11.5: 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, work- ers' compensation, health and retirement benefits, bonuses. sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the above to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and l incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All tiade discounts. rebates and refund: and returns from sale of surplus als and equipment sha!I accrue to OWNER. and CON. TRACTOR shall make pro• isions so that they n:% he obtained. 11.4.1. Pay mer,ts mad: by CONTRACTOR to the Sub- eontra:tors for Work performed or furnished by Subcon:rz-c- tors. If required by OWNER, CONTRACTOR shall obt::in competitive bids from subcontractors acceptable to OWN ER and CONTRACTOR and �5all deliver such bids to OWNER uho will then determine. with the advice of ENGINEER. which bids, if any. will be accepted. If any subcon,.ra_t provides that the Subcontractor is to be paid on the bass; of Cost of the Work Plus a fee, the Subcontractor's Co,,: of thc Work and fee shall be determined in the same manner u5 CONTRACTOR's Cost of the Work and fee as pro\idtd ;a paragraphs 11.4. 1 I.S. 11.6 and 11.7. All subcontracts sh:..!! be subject to the other provisions of the Contract Docurnz insofar as applicable. 11.4.4. Costs of special consul!:rnts (including but rot limited to engineers. architects, testing laboratorizs. sur\ ev- ors. attorneys and accountants) employed for services s, t- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation. travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and main:t- nance, of all materials, supplies, equipment, machinery. appliances, office and temporary facilities at the site and hand tools not owned by the .workers, which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR orothers in accordance with rental acree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing, installation, dismandinz and removal thereof —all in accordance with the terns of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable. imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than r,ecli- 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. 33 11.4.5.6. Losses and damaces (and related expenses) caused by damage to the Work. not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance %kith paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON- TRACTOR. any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settle- ments made with the %written consent and approval of OWNER. No such losses. dantaces and expenses shall be included in :he Cost of the Work for the purpose of determining CONTRACTOR's fee. If. however, any such loss or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilitics. fuel and sanitary facili- ties at the site. 11.4.5.S. Minor expenses such as telegrams. lone dis- tance telephone calls, telephone service at the site, ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Murk. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers. ar- chitects, estimators, attorneys, auditors, accountants. pur- chasing and contracting agents, expediters, timekeepers. clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for General administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4---all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delin- quent payments. 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Co>ts due to the neclicenee of CONTRACTOR. any Subcontractor. or anyonc directly or indirectly em- ployed by any of them or for whose acts any of them may be liable, includin_but not limited to, the correction ofr! ,iecrive Work. disposal of materials or equipment wrongly supp!ied and making c%vd any damage to property. Other overhead or ecneral expense costs of any kind and the costs of any item not specifically and express!: inc!uded in paragraph I1.;. 11.6. The CONTRACTOR's fez alloyed to CONTRAC- TOR for ovencc,:d and profit shall be determined as folio'.%s: 11.6.1. a mutually acceptable fixed fee: or 11.6.2. if a fixed fee is not agreed upon, then are,- based on the following percentages of the various portions of the Cost of the Work- 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2. the CONTRACTOR's fee shall be fifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3. the CONTRACTOR's fee shall be five percent; 11.6.2.3. v. here one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1. 11.4.2. 11.4.3 and 11.6.2 is that the Subcontractor who actua!ly performs or furnishes the Work, at whatever tier, will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 1 1.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the neat lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4. 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.5. when both additions and credits are involved . in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5. inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5. CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in form acceptable to ENGINEER an itemized cost breakdown to- gether with supporting data. r 34 Cash AQowances: 11.8. 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 cowered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: I I.S.1. the allowances include the cost to CONTRAC- TOR (less any :applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site. and all applicable taxes; and 11.8.2. CONTRACTOR's costs for un!oadinz and han- dling on the site. labor, installation costs. o, crhead, profit and other expenses contemplated for the allo%trances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing «ill be valid. Prior to final payment, an appropriate Chance Ord_r will be issued as recommended by ENGINEER to refl-2ct actual amounts due CONTRACTOR on account of Work coy Bred by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Unit Price i)'ork: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 11.9.3.1. the quantity of any item of Unit Price Work - performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement; and 11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of hawing incurred additional expense or ONVNER be. lieves that OWNER is entitled to a decrease in Contract Price and the parties arc unable to agree as to the amount of any such increase or decrease. ARTICLE I'_ —CHANGE OF CONTRACT TIMES 12_.1. The Contract Times (or Milestones) may only be chanced by a Chance Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or %lilestones► shall be based on µritten notice delivered by the party makin_ the claim to the other party and to ENGINEER promptly (bur in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to µhid the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made therefor as provided in paragraph 12.1. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from compet- ing any pan 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. In no event shall OWNER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or (tr) 35 delays beyond the control of both parties including but not .limited to fires, floods. epidemics. abnormal weather condi- ;ions, acts of God or acts or neglect by utility owners or they contractors performing other work as contemplated by article 7. AP TICLE 13—TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13A. ,VoriCe (�1'Defc•c•ts: Prompt notice of all dcfc•ctiic %York of..hich OWNER or ENGINEER have actual knov I- ed__e «ill be riven to CONTRACTOR. All d.fec•tiic• Work may be rejected. corrected or accepted as provided in this Article 13. .-access to Work: 13.2. OWNER, ENGINEER. ENGINEER's Consuluants. other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely no- tice 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. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests. or approvals required by the Contract Documents except: 13.4.1. for inspections, tests or approve.tls covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5. if Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other repre- sentative of such public body. CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests or approvals. pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspection, or npF royal. CONTRACTOR sha!I also be responsible for arr;n,_ ing and obtaininc:tnd shall pay all costs in connection %&ith a - inspections. tuts or ;-.p provals required for OWNEWs and f �, ENGINEER's acce, Lance of materials or equipment to be l! incorporated in the Work. or of moteri;ds. niix do%igns, or equipment submitted for approv;a prior to CONTRACTOR-,, purchase thereof for incoc•peration in the Work. 13.6. if any Work (o: the %cork of others) that is to be inspected. tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if re- quested by ENGINEER. be uncovered for observation. 13.7. Unco%etinc Work as provided in paragraph 13.6 , ha!I he at CONTRACTOR's expense un!ess CONTRACTOR ha; Liven ENGINEER timely notice of CONTRACTOR's inter:- tion to cover the same and ENGINEER has not acted v.ith reasonable promptness in response to such notice. Uncovering llbrk: 13.S. If any Work is covered contrary to the %vritten request of ENGINEER. it must. if requested by ENGINEER. be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others. CONTRACTOR. at ENGINEER's re- �. quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require. that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defecdve, CONTRACTOR shall pay all claims. costs, losses and damages caused by. arising out of or resulting from such uncovering, exposure, observation. inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others): and OWN ER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof. may make a claim therefor as provided in Article 11. If, however, such 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 attributable to such uncovering, exposure, ob- servation, inspection, testing. replacement and reconstruction: and, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles I 1 and 12. OWNER May Stop the lt'ork: 13.10. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment, or fails to furnish or perform the Work in such a way that the completed Work Kill conform to the Contract Documents. OWNER may order CONTRACTOR to stop the Work. or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work 36 shall not give rice to any duty on the part of OWNER to :xercise this right for the benefit of CONTRACTOR or any ;.� surety or other party'. Correction or Revreot•el of Defective Work: 13.11. If required by ENGINEER. CONTRACTOR shall promptly, as directed. ei.her correct all defective Work, v,hether or not fabricated, installed or completed. or, if the Work has been rejected by ENGINEER, remo,.e it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims. costs. losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of Work of others). 13.12. Correction Period: 13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu- ments, any Work is found to be defective. CONTRACTOR shall promptly. without cost to OWNER and in accordance with OWNER's written instr coons: (i) correct such defec- tive Work, or. if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (ii) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting - therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs. losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substan- tial Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph-13.12. the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance of Defective {fork: pay all claims. costs. losses and d.tmaces attributable to OWNER's evnivation of and determination to accept such defective Work (such cots to be approved by ENGINEER as to reasonableness). If m such acceptance occurs prior to ENGIN,EER's recommendation of final payn�em. a Change Order will be issued incorpunting the necessary revisions in the Contract Documents W ith respect to the W ork: and OWNER shall be entitled to an appropriate decrease in the Contr,ct Price, and, if the p.:rtics are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article 11. If the accep-ance occurs after such recommenda- tion, an appropriate amount «ill be paid b% CONTRACTOR to OWN ER. 011';YER,%fav Correct Defective Mork: 13.14. If CONTRACTOR fails -, ithin it rraconable time after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance xvith paragraph 11.11. or if CON- TRACTOR 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. OWN ER may, after seven days' written notice to CONTRACTOR. correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed 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, construc- tion equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but v.hich are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's representatives, agents and employees. OWNER's other con- tractors and ENGINEER and ENGINEER's Consultants ac- cess to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. Such claims, costs, losses and damages will include'but not be limited to all costs of repair or rep!ace- ment of work of others destroyed or damaged by correction. removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension -of the Contract Times (or Milestones) because of any delay in the performance ofthe Workattributable to the exercise by OWN ER of OWNER's rights and remedies hereunder. ARTICLE 14--PAYMENTS TO CONTRACTOR AND COMPLETION J 13.13. If, instead of requiring, correction or removal and Schedule of Values: replacement of defective Work, OWNER (and, prior to ENGI- NEER's recommendation of final payment, also ENGINEER) 14.1. The schedule of values established as provided in prefers to accept it, OWN ER may do so. CONTRACTOR shall paragraph 2.9 will serve as the basis for progress payments and %%ill be incorporated into a farm of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work %� i!! be based on the number of units eont- p!cled. Applicadon for Progress Pa menr 14.'_. At least t«enty days before the date established for e:.ch pi -ogress payment (but noz more often than once a rin,h). CONTRACTOR shall submit to ENGINEER for rc.iew an Appliration for Pa%rnent tilled out and signed by CONTRACTOR co%cring the Work completed as of the date of the Application and accorr.punied by such supporting cocumentmion as i; required by the Contract Documents. If payment is requested on the basis of materials and equip - cent not incorp or; zed in the Wore but delivered and suitably s:ored at the site or at another location a!reed to in %%riting. the Application for Payment <hall also be accompanied by a bill of sale, invoice or other do:umentation Warranting that OWNER has received the materials and equipment free and clear of all Liens and ev iden:e that the materials and equipment are covered by appropriate property insurance and otherarrangements to protect OWN ER's interest therein. ail of A hich %%ill be satisfactory to OWN ER. The amount of retains:e %vith respect to progress payments will be as stipulated in the Agreement. COATRACTOR's Warranty of Tide: 14.3. CONTRACTOR %varrants and guarantees that title to all Wcrk, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not. will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progresr PaYnrcnt: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment. either indicate in w-riting a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentationby ENGIN EERtoOWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qua)ified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, infor- mation and belief: the Work has progressed to the point indicated. 14.5.2. the quality of the Work is ceneraliy in accor- dance %pith the Contract Documents (.subject to an evalu. ation of the Work as a functioning whole prior to or Upo i Substantial Completion. to the results of any subsequent tests called for in the Contract Documents. to a find determination of quantities and classifications for Un:t Price Work under paragraph 9.10. and to any osier qui!i ficanons stated in the recommendation), and I-.S.:. the conditions preceJent to CONTRACTOR*s beir.•_ entitled to such payment appear to ha%e been fulfilled in so far as it is ENG!NEER's responsi^iiity to observe the Work. Ho«e.er. I:•: re:ommending any �,u:h payment ENGINEER will not thereby be deemed to haze represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity 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 bet«een the parties that might entitle CONTRAC- TOR to be paid additionally by OWN ER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENGINEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply %%ith Laws and Regulations appli- cable to the furnishing or perfonrance of Work, or for any failure of CONTRACTOR to perform or furnish Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the «hole or any part of any payment if, in ENGINEER's opinion. it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement. 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order. 14.7.3. OWNER has been required to correct dcfec- 6ve Work or complete Work in accordance with paragraph 13.14. or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15 2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTORS performance or furnishire of the Work, 38 14.7.6. Liens have been filed in connection with the Work. except «here CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge.of such Liens. 14.7.7. there are other items entitling OWNER to a sct-off against the amount recommended. or 14.7.5. OWNER has actual knowledce of the occur- rence of any of the events enumerated in paragraphs 14.7.1 throu__h 14.7.3 or paragraphs 15 2.1 through 15.3.4 inclusive: but OWNER must cive CONTRACTOR immediate written notice (%vith a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any' adjustment thereto agreed to by OWNER and CONTRACTOR. %%hen CONTRACTOR corrects to OWN- ER's satisfaction the reasons for such action. Substantial Completion: P.S. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWN ER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time -hereafter, OWNER, CONTRACTOR and ENGINEER shall .lake an inspection of the Work to determine the status of completion. if ENGINEER does not consider the Work sub- stantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, EN- GINEER considers the Work substantially complete, ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Sub- stantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- :ng final payment between OWNER and CONTRACTOR with espect to security, operation, safety, maintenance, heat, utili- ties, insurance and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform 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. 1,.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion. but OWNER shall CONTRACTOR reasonable access to complete or correct items on the tentative list. Pur0 C r'lizo:ion: 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work �,% hich: (i) has specifically been identified in the Contract Documents, or (ii) OWNER. ENGINEER and CONTRACTOR scree constitutes a sepa- rattly functioning and usable part of the Work that can be used by OWNER for its intended purpose %,.ithout significant inter- ference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. 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 CON- TRACTOR agrees that such part of the Work is substan- tially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the `4'ork. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete. ENGI- NEER will notify OWNER and CONTRACTOR in writ- ing giving the reasons therefor. if ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Final Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGI- NEER will make a final inspection with OWNER and C01" 1- TRACTOR and will notify CONTRACTOR in writing of all 39 particulars in which this inspection reveals that the \Fork is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. Final.;ppliection for Pa}•ment: 14.12. After CONTRACTOR has completed all such cor- rectior.s to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules. guarantees. Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4. certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents, CONTRAC- TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13. (ii) consent of the surety, if any, to final payment, and (iii) eompletc and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER. CONTRAC- TOR may furnish receipts or releases in full and an a ndavit of CONTRACTOR that: (i) the releases and receipts include all labor, sereices, material and equipment for which a Lien could be filed, and (ii) all payrolls. material and equipment bills and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full. CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Fins! Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will. within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty days after the presentation to OWNER of the Applica- tion and accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGI- NEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If. through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGINEER ' so confirms, OWNER shall, upon receipt of CONTRACTOR'S final Application for Payment and recommendation of ENGI- NEER, and without terminating the Agreement, make pay- ment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWN ER 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 5.1. the written con- sent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli. cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Claims: 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursu- ant to paragraph 14.11. from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligations under the Contract Documents; and 14.15.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 15—SUSPENS ION OF WORK AND TERINIINAT10N OWNER May Suspend Work: 15.1. At any time and without cause, OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in -Articles I I and 12. OWNER May Terminate: 15.2. Upon the occurrence of any one or more of the following events: 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to time pursuant to paragraph 6.6); 15.2.2, if CONTRACTOR disregards Laws or Regula lions of any public body having jurisdiction; 15.2.2. if CONTRACTOR disre_eards the authority of ENGINEER; or 15.2.4. if CONTRACTOR othem ise violates in any sub- stantial %, ay any provisions of the.Contract Documents; OWNER may. after giving CONTRACTOR (and the surety. if any.) seven days' written notice and to the extent permit- ted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In uch case CONTRACTOR shall not be entitled to receive �J any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. if such claims, costs, losses and dam- ages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided that when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so ter- minated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection %pith uncompleted Work, plus fair and reasonable sums for o%t. head and profit on such expenses; 15.4.3. for all claims. costs. losses and damages incurred in settlement of term:cated contracts with Subcontractors. Suppliers and others: and 15.4.4. for reasonabbt expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. COATR-tCTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an orde,- of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER- and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due. CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles I 1 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to the extent that OWNER and CONTRACTOR have agreed on the method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement." to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10, 9.11, and 9.12, OWNER and CONTRACTOR may exercise dl EXHIBIT GC -A to General Conditions of the Agreement Between OWNER and CON- TRACTOR Dated For use with EJCDC No. 1910-S (1990 ed.) DISPUTE -RESOLUTION AGREEMENT OWNER and COTRkCTOR hereby agree that Article 16 of the General Conditions to the Agreement bet,een OWNER and CONTRACTOR is amended to include the following a=reemert of the paries: 16.1. All claims, disputes and other matters in question beo%een OWNER and CONTRACTOR arising out of or relat- in; to the Contract Documents or the breach thereof (except for claims which have been waived by the making or accep- tance of final payment as provided by paragraph 14.15) will be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Asso- ciation then obtaining, subject to the limitations of this Article 16. This agreement so to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 16 will be specifically enforceable under the prevailing law of any court having jurisdiction. <7, 16.2. No demand for arbitration of any claim, dispute or other matter that is required to be referred to ENGINEER initially for decision in accordance with paragraph 9.11 will be made until the earlier of (a) the date on which ENGINEER has rendered a written decision or (b) the thirty-first day after the parties have presented their evidence to ENGINEER if a written decision has not been rendered by ENGINEER before that date. No demand for arbitration of any such claim, dispute or other matter will be made later than thirty days after the date on which ENGINEER has rendered a written decision in respect thereof in accordance with paragraph 9.11; and the failure to demand arbitration within said thirty days' period will result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. if ENGINEER renders a de- cision after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede the arbitration proceedings, except where the decision is accept- able to the parties concerned. No demand for arbitration of any written decision of ENGINEER rendered in accordance with paragraph 9.10 will be made later than ten days after the party making such demand has delivered written notice of intention to appeal as provided in paragraph 9.10. 16.3. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association. and a copy %%ill be sent to ENGINEER for information. The demand for arbitration will be made within the thirty -day or ten- day period specified in paragraph 16.2 as applicable. and in all other cases v-ithin a reasonable time after the claim. dispute or other matter in question has arisen, and in no event shall any such demand be made after the date when institution of local or equitable proceedings based on such claim, dispute or ether matter in question would be barred by the applicable statute of limita- tions. 16.4. Except as provided in paragraph 16.5 bolo%%. no arbitration arising out of or relating -to the Contract Documents shall include by consolidation. joinder or in any other manner any other person or entity (including E\GI\EER. ENGI- \EER's Consultant and the officers. directors. agents. em- p,oyees or consultants of any of them) «ho is not a party to this contract unless: 16.4.1. the inclusion of such other person or entity is necessary if complete relief is to be afforded among thosL who are already parties to the arbitration. and 16.4.2. such other person or entity is substantially in- volved in a question of iaµ or fact which is common to [hose w ho are already parties to the arbitration and w high will arise in such proceedings, and 16.4.3. the written consent of the other person or entity sought to be included and of OWNER and CONTRACTOR has been obtained for such inclusion.'which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration w•i:h any party not specifically identified in such consent. 16.5. Notwithstanding paragraph 16.4 if a claim, dispute or other matter in question between OWNER and CONTRAC- TOR involves the Work of a Subcontractor, either OWNER or CONTRACTOR may join such Subcontractor as a party to the arbitration between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts required by paragraph 6.11 a specific provision whereby the Subcontractor consents to being joined in an arbitration between OWNER and CONTRACTOR involving the Work of such Subcontrac- tor. Nothing in this paragraph 16.5 nor in the provision of such subcontract consenting to joinder shall create any claim. right or cause of action in favor of Subcontractor and against OWNER, ENGINEER or ENGINEER's Consultants that does not otherwise exist. 16.6. The award rendered by the arbitrators will be final. judgment may be entered upon it in any court having jurisdic- tion thereof, and it will not be subject to modification or appeal. (The remainder of this page was left blank intentionally.) 16.7. OWNER and CONTRACTOR agree that they shall first submit any and all unsettled claims, counterclaims. dis- putes and other matters in question between them arising out of or relating to the Contract Documents or the breach thereof ("disputes'), to mediation by The American Arbitration As- sociation under the Construction Industry `iediation Rules of the American Arbitration Association prior to either of them initiating against the other a demand for arbitration pursuant to paragraphs 16.1 through 16.6. unless delay in initiating arbitra- tion would irrevocably prejudice one of the parties. The _ respective thirty and ten day time limits within which to file a demand for arbitration as provided in paragraphs 16.2 and 16.3 above shall be suspended with respect to adispute submitted to mediation within those same applicable time limits and shall remain suspended until ten days after the termination of the mediation. The mediator of any dispute submitted to mediation under this Agreement shall not serve as arbitrator of such dispute unless otherwise agreed. such rights or remedies as either may otherwise have under the Contract Documents or by Laos or Regulations in respect of any dispute. ,ARTICLE 17—MISCELLANEOUS Giving Notice: I-,. I. Whenever any pro,-ision of the Contract Documents requires the gi,. ine 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 delO.cred at or sent by registered or certified mail, posta:e prepaid, to the last business address known to the giver of the noti.e. Computation of Times: 17.2.1. When any period of time is referred to in the Contract Documents by days. it µill be computed to exclude the first and include the last day or 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 laµ• of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day of tooenty-four hours measured from midnight to the next midnight will constitute a day. ,Votice of Claim: 17.3. Should OWi~ER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party°s enployecs or agents or others for v.-hose acts the other party is legally liable, claim will be made in writing to the other pa;ny within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. Cumulative Remedies: 17.4, The duties and obligations imposed by th_se G_ner<:I Conditions and the rights and remedies available her --under to• the parties hereto, and, in particular but without limitation. the %%arranties, guarantees and obligations imposed upon CON. TRACTOR by paragraphs 6.12. 6.16. 6.30, 6.31. 6.32, 13.12. 13.14. 14.3 and 15.2 and all of the rights and available to OWNER and ENGINEER thereunder. n:e 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 pa:,icular duty, obligation, right and remedy to which they apply. Professional Fees and Court Coss Included: 17.5. Whenever reference is made to "claims, costs, losses and damages;' it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. (The remainder of this page was left blank intentionally.) 42 SECTION 5 SPECIAL CONDITIONS SPECIAL CONDITIONS These Special Conditions contain additions to the General Conditions specific to the Work being contemplated and ultimately contracted for. 1.0 REFERENCE POINTS The OWNER shall commission the services of the ENGINEER to provide the initial horizontal and vertical control reference points (a Bench Mark and two control Points) prior to the CONTRACTOR having to perform construction layout surveying for the performance of the Work. Restaking due to the disturbance or destruction of original control as established by the OWNER'S ENGINEER as mentioned above, will be performed at the CONTRACTOR'S expense. 2.0 SITE CONDITIONS The CONTRACTOR shall draw his own conclusions from whatever information is available, through the OWNER, ENGINEER, or PROJECT MANAGER, the contract documents, or otherwise, regarding the subsurface conditions and the superficial conditions to be encountered in the area of the site where the Work is to be performed. 3.0 BONDS AND INSURANCE The CONTRACTOR, shall not commence any Work under this Contract until he has obtained all of the required insurance, and such insurance has been approved by the OWNER, nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract, until all similar insurance required of the subcontractor, has been obtained and approved by the OWNER, either the actual policies or executed copies of the policies for all of the insurance policies required. Worker's Compensation/Employer's Liability Insurance — the CONTRACTOR shall take out and maintain during the life of this Contract, the statutory Worker's Compensation/Employer's Liability Insurance in concurrence with the current State of Florida laws regarding Worker's Compensation Insurance, for all or his employees to be engaged in Work under this Contract. The CONTRACTOR shall require all of his subcontractors to provide similar Worker's Compensation Insurance for all of the latter's employees to be engaged in such Work. Bodily Injury Liability and Property Damage Liability Insurance — the CONTRACTOR shall take out and maintain during the life of the Contract, such Bodily Injury Liability and Property Damage Liability Insurance and Automobile Bodily Injury and Property Damage Liability Insurance as shall protect the OWNER, CONTRACTOR and any subcontractor performing Work covered under this Contract for claims of damages for personal injury, including accidental death, as well as from claims for property damage Page 2 which may arise from operations under this Contract, whether such operations be by himself or by any subcontractors or by anyone directly or indirectly employed by either the CONTRACTOR or any subcontractors, and the amounts of such insurance shall not be less than those given below: GENERAL LIABILITY PER OCCURRENCE AGGREGATE Commercial General Liability $1,000,000 $1,000,000 Including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause AUTOMOBILE LIABILITY $1,000,000 $1,000,000 FIRE AND EXTENDED COVERAGE INSURANCE In an amount equal to the insurable value of the Contract. The CONTRACTOR shall name the OWNER and his employees or agents as additional insured on all insurance policies required in this contract by the CONTRACTOR or any subcontractors. 4.0 CONTRACTOR'S RESPONSIBILITIES The OWNER or the ENGINEER may require the CONTRACTOR to dismiss from the Work, such employee or employees as the OWNER, or ENGINEER may deem incompetent, careless, insubordinate, unruly, disorderly, intoxicated or acting in other objectionable manners so as to endanger other persons or any part of the Work. The CONTRACTOR shall furnish and maintain, at his own expense and risk, all tools, apparatus and appliances, hoists and/or cranes and power for same, ladders, lighting, power, temporary supports and shoring, bracing, and all other similar work or materials necessary to ensure convenience and safety in the execution of this Contract. The stability, type, location, utilization and the proper design, strength and safety of such shall be the sole responsibility of the CONTRACTOR. Page 3 The CONTRACTOR shall keep all excavations and subgrade work free from water. He shall provide all drains and pumping apparatus (including power and attendance for same) that may be necessary to accomplish this task. The CONTRACTOR shall confine his apparatus, storage of materials, supplies, equipment and operations of his workmen. He shall arrange with the OWNER -an appropriate area on site for this activity. This area must not be exceeded and shall be returned to original condition at termination of the Contract. The CONTRACTOR or his subcontractors and employees of both shall not trespass or enter upon areas that are not within the Contract area or within close proximity thereof. The CONTRACTOR, in concurrence with all applicable Federal, State and local regulations, shall employ all the necessary safety and warning devices to protect the existing commercial establishments at the site, the proprietors, their customers and visitors throughout the Contract period. The CONTRACTOR shall erect suitable. barricades arkd handrails'where required. The CONTRACTOR -shall protect the structural integrity of the existing structure -at the site by implementing the necessary means. and protective equipment, devices and materials as designed and utilized as previously mentioned above. In the event of temporary suspension of Work or during inclement weather or whenever the OWNER or ENGINEER shall direct, the CONTRACTOR will, along with his subcontractors, carefully protect his or their Work and materials against damage or injury from the weather. If, in the opinion of the ENGINEER or the OWNER, any work or materials shall have been damaged or injured by reason of failure on the part of the CONTRACTOR or his subcontractors to protect his or their Work, such materials shall be removed and replaced at the expense of the CONTRACTOR. Should any underground utilities, drains or other active underground facilities not shown on the Drawings be encountered in the performance of the Work, the CONTRACTOR shall notify the OWNER who will determine what disposition shall be made of such items. Any such items damaged by the CONTRACTOR shall be repaired or replaced at his own expense. The CONTRACTOR shall provide protection at night and when Work is not in progress. It will be his sole responsible for damage, loss or liability due to theft or vandalism. The OWNER cannot assume responsibility for this protection when Work'is not in progress at night, on weekends or holidays. The CONTRACTOR may, if he chooses or if it is found necessary or advisable, employ a watchman during said period, at no additional expense to the OWNER. Page 4 Should the CONTRACTOR fail to act in an emergency affecting the safety of persons or the Work, or the property at the site or adjacent thereto, the OWNER or the ENGINEER may immediately proceed with whatever actions necessary to alleviate or correct the conditions causing the emergency. The Costs of the work resulting from such actions shall be borne by the CONTRACTOR 5.0 ASSIGN OR SUBLET OF CONTRACT Neither party to the Contract shall assign or sublet the Contract as a whole without the written consent of the other nor shall the CONTRACTOR assign any monies due or to become due to him hereunder without the previous written consent of the OWNER. 6.0 TESTING Testing will be conducted as specified and designated by the ENGINEER or PROJECT MANAGER. The costs of such testing work shall be the responsibility of the CONTRACTOR, with all test results, either pass or fail, provided to the ENGINEER. The tests may include but not be limited to pressure leakage tests, compaction/density tests, shellrock quality tests, and concrete quality tests (cylinder breaks). On asphaltic concrete and pipe, the manufacturer's or supplier's certification that the material meets the requirements of the specification will be accepted subject to verification by the ENGINEER. Water required for pressure leakage tests shall be arranged and paid for by the CONTRACTOR. 7.0 CODES, REGULATIONS AND SPECIFICATIONS Where standard specifications, codes, regulations and similar publications of governmental agencies, technical societies, manufacturer's associations, and regulatory groups or bureaus are referred to in the Contract Documents, the applicable portion thereof shall be of the same effect and if fully printed herein, and the Work done in full accordance therewith. The edition current as of the date of the issue of these Contract Documents shall be used except where a publication date is specifically stated. 8.0 CONTRACT PROVISIONS All provisions in the Contract Documents shall be applied to all contractors. 9.0 PRE -CONSTRUCTION CONFERENCE Prior to commencement of the Work, the CONTRACTOR will be required to attend a Pre -construction Conference together with the OWNER and ENGINEER to discuss such items as scheduling, provisions for safety, traffic control, and storage area(s). The Pre -construction Conference will be scheduled at a mutually agreeable time prior to initiating any Work. Page 5 10.0 PERMITS Prior to commencement of the Work, the CONTRACTOR will pay for and secure the rmits for the Work being contemplated. necessary construction pe 11.0 USE OF EXPLOSIVES No explosives or blasting will be permitted. 12.0 USE OF PUBLIC STREET AND RIGHTS -OF -WAY The use of public streets shall be such as to provide a minimum of inconvenience to the public and to other traffic. Any earth or excavated material, or materials being delivered to the site for the performance of the Work that have spilled from trucks shall be removed by the CONTRACTOR, and the streets or rights -of -way cleaned to the satisfaction of the governing agency's representative and/or the OWNER. 13.0 CARE OF TREES, SHRUBS AND GRASS The CONTRACTOR shall be fully responsible for maintaining in good condition, all cultivated grass plots, trees and shrubs. Where maintained shrubbery, grass strips or trees must be:removed due to construction, or destroyed incidental to the construction activities, the CONTRACTOR shall, after completion of the Work, replace or restore to the original condition, all destroyed or damaged shrubbery or grass areas or trees. Tree lirribs. which interfere with equipment operation and are approved for pruning shall be neatly trimmed and. the tree coat coated -with a tree paint. 14.0 OBSTRUCTIONS All water pipes, storm drains, force mains, gas or other pipe, telephone or power cables or conduits, curbs, sidewalks and all other building service lines and obstructions, whether or not shown, shall be temporarily removed from or supported across utility line excavations. Where it is necessary to temporarily interrupt building services, the CONTRACTOR shall notify the OWNER or adjacent property owners as necessary, before the interruption and again immediately before service is resumed. Before disconnecting any service lines, the CONTRACTOR shall obtain permission from the their owner, and be responsible for any damage to any such service lilies, and shall .restore them to complete service promptly as soon as the Work has progressed past the point involved. The CONTRACTOR shall uncover these service lines carefully, by hand if necessary. Page 6 15.0 DAMAGE TO EXISTING STRUCTURES The CONTRACTOR shall be responsible for and make good all damage to pavement beyond the limits of this Contract, existing buildings, telephone or other cables, water pipes, sanitary pipes, or other structures which may be encountered, whether or not shown on the Drawings. 16.0 PAYMENT FOR UTILITIES The CONTRACTOR shall obtain and pay the necessary fees and charges required for such utility services, whether water, sewage, telephone, electricity, gas, of other, as necessary for the completion of the Work. 17.0 SHOP DRAWINGS AND MATERIAL SUBMITTALS The CONTRACTOR shall submit to the PROJECT MANAGER for review and approval, at least two (2) weeks prior to the date of the Pre -construction Conference, all shop drawings/material submittals for all products intended for use in water and sewage installations which are not included in the approved makes and models listings of these Contract Documents. A minimum of four (4) copies of each item shall be submitted. The PROJECT MANAGER shall make the initial review of the shop drawings/material submittals, mark them appropriately as to usage, location, class, etc. and then forward them, as required, after indicating his approval thereon, to the respective utility agency having jurisdiction over this project. In the event that certain shop drawings/material submittals do not meet the approval of the respective agency, they shall be revised and resubmitted at once by the CONTRACTOR. Shop drawings/material submittals for other sections of the Work shall be submitted to the PROJECT MANAGER in ample time to allow review, procurement and delivery prior to the on -site need dates. Required shop drawing/material submittals shall include, but not be limited to, items requested for approval in the specified sections of the Contract Documents. 18.0 INTERPRETATION OF QUANTITIES The CONTRACTOR'S unit prices shall include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspections, together with any and all other costs and expenses for performing and completing the Work as shown on the plans and as specified in the Contract Documents. Page 7 The CONTRACTOR'S attention is again called to the fact that the quotation for the various items of Work are intended to establish a total price for completing the Work in its entirety. Should the CONTRACTOR feel that the cost for any item of Work has not been established by the Quantities, he shall include the cost for that Work in some other applicable pay item, so that the Bid for the project does reflect his total price for completing the Work in its entirety. SECTION 6 TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATIONS I. Site Condition: A. The conduits, as shown on the attached plans, have been previously installed and are not part of this bid. B. Contractor must install the electrical wire in accordance with the attached plans. C. All wiring shall be installed in existing conduit, where supplied. H. Light Fixtures A. The light poles are to be supplied by owner. B. Contractor shall install poles as shown on attached plans. C. Light fixtures are to be supplied by owner. D. Contractor to install light fixtures on poles. E. Well light fixtures to be supplied by owner. SECTION 7 BID FORMS PROPOSED MAIN STREET LIGHTING VILLAGE OF TEQUESTA BID FORMS - FEBRUARY 2002 1 OF 1 -ITEM NUMBER DESCRIPTION UNIT ESTIMATED QUANTITY UNIT PRICE EXTENDED AMOUNT 1 ELECTRICAL ITEMS 1.01 INSTALL WIRING LS 1.02 INSTALL POLE EA 1.03 INSTALL POLE FIXTURE EA 1.04 WELL LIGHT FIXTURE EA 1.05 INSTALL. WELL LIGHTS EA 1.06 CONNECT TO PANEL LS SUBTOTAL SECTION 8 FORM OF NON -COLLUSION AFFIDAVIT OF PRIME BIDDERS FORM OF NON -COLLUSION AFFIDAVIT OF PRIME BIDDERS STATE OF FLORIDA COUNTY OF being first duly sworn, deposes and says that: 1 The undersigned is (Owner, Partner, Officer, or Agent) of the Bidder that has submitted the attached Bid. 2 The undersigned is fully informed respecting the preparation and contents of the attached Bid and of any and all pertinent circumstances respecting such Bid. 3 Such Bid is genuine and is not a collusive of sham bid. 4 Neither the said Bidder nor any of its directors, officers, partners, Owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the contractor for which the attached bid has been submitted, or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly sought by agreement of collusion or communication or conference with any other Bidder, firm or person, fix the price of prices on the attached bid or of any other Bidder, or to fix any overhead, profit of cost element of the Bid price, or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance of unlawful agreement, any advantage against VILLAGE OF TEQUESTA, or any person interested in the proposed Contract. 5 The price or prices quoted in the attached Bid are fair and proper, and are not tainted by any collusion, conspiracy, connivance of unlawful agreement on the part of the Bidder or any of its agents, representatives, Owners, employees, or parties in interest, including this affiant. BIDDER: (Name of Bidder) (Date) (Signature) (Title) NOTARY PUBLIC: Subscribed and sworn before me this day of (Title) My commission expires SEAL 20 SECTION 9 FORM OF BID BOND FORM OF BID BOND KNOWN ALL MEN BY THESE PRESENTS, that we the undersigned, As PRINCIPAL, and (Name of Principal) (Name of Surety) as SURETY, are held and firmly bound unto VILLAGE OF TEQUESTA (herein called the "Owner") in the penal sum of Dollars ($ ), lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the accompanying Bid, dated , 20 NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the opening of the same, or if no period be specified, within thirty (30) days after said opening, and shall within the period specified therefore, or if no period specified, within twenty (20) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Owner in accordance with the Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract; or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the Owner the difference between the amount specified in said Bid and the amount for which the Owner may procure the required work or supplies or both, if the latter be in excess of the former, then the above obligation shall be void and of no effect otherwise to remain in full force and virtue. SECTION 10 STATEMENT OF BIDDERS QUALIFICATIONS STATEMENT OF BIDDER'S QUALIFICATIONS INSTRUCTIONS: All questions must be answered and the data given must be clear and comprehensive. The statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. QUESTIONS: 1. Name of Bidder? 2. Permanent main office address? 3. Date when Bidder was organized or formed? 4. If a corporation, where incorporated? 5. Number of years Bidder has been engaged in the contracting business under your present entity or trade name? 6. Contracts on hand? (amount, date of completion) 7. General description of services performed by your organization? S. Have you ever defaulted on a contract? If so, where, when and why? 9. List at least five important projects recently completed by your organization, stating your contract price, scope of service performed, and when completed? 10. List your equipment available for performance of this contract? 11. Resumes of corporate principals, and the superintendent assigned to this project? 12. Credit line available? 13. Bank references? 14. Vendor and/or material supplier references? 15. Will you, upon request, provide a detailed financial statement to Village of Tequesta? SECTION 11 FORM OF PERFORMANCE BOND SECTION 12 FORM OF PAYMENT BOND SECTION 13 LIST OF DRAWINGS SECTION 13 — LIST OF DRAWINGS The following is a list of drawings that are part of the Contract Documents: 1. ELECTRICAL PLAN ELECTRICAL DETAIL ADDENDA