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HomeMy WebLinkAbout1999-049a 4b gqj 0q1 INDIAN RIVER COUNTY Board of County Commissioners Department of Utility Services Project No. UW - 98 -- 05 - DS CEJ.EI Y"WOOD ESTATES WATER EXPANSION PROJECT Indian River County Bid No. 9039 A Bid Boyd MUST Accompany Bid C-1 4D ADDENDUM NO. 1 TO INDIAN RIVER COUNTY PROJECT NO. UW -98 -05 -DS CHERRY -WOOD ESTATES WATER ASSESSMENT PROJECT UTILITIES DEPARTMENT INDIAN RIVER COUNTY, FLORIDA BID NO. 9039 DATE: JANUARY 18, 1999 FROM: INDIAN RIVER COUNTY UTILITIES DEPARTMENT TO: ALL BIDDING CONTRACTORS This. Addendum No.l is issued in accordance with the contract documents. The following additions, deletions, revisions, and clarifications are hereby incorporated into }the contract documents. This Addendum, is to incorporate the attached changes to the specifications and provide infonnation discussed in the pre-bid conference. Sheet No. 00310-5 of the specifications was revised to indicate 3' wide sodding in lieu of 3" wide. The form must be executed and submitted with the package by the closing date. Please indicate receipt of this notice by completing the bottom portion of this notice and returning a copy to Indian River County Utilities Department, 1840 2P Street, Vero Beach, Florida 32960, Attention: Michael Hotchkiss, P.L. You are required to include an executed copy of this Notice with your submittal bid. ADDENDUM NO. 1 received and considered by: Name of Bidder: (Please Print) Name of Bidder's Representative: (Please Print) Signature of Bidder's Representative: Title, Date: CI ab SCHEDULE OF BID ITEMS INDIAN RIVER COUNTY CHERRYWOOD WATER ASSESSMENT PROJECT INDIAN RIVER COUNTY PROJECT NO. UW -98 -05 -DS ESTIMATED UNIT SUB li QUANTITY T RICE TOTAL MOBILIZATION 1 L.S. VIDEO RECORD I L.S. 8"x 6" WET TAI' WIVALVE I L.S. 6" GATE VALVE I L.S. 6" PVC WM 180 L.F. 6" DIP WM 40 L.F. 4" PVC WM 540 L.F. ADD COST FOR FLANGE, RESTRAINERSIM.J I L.S. AIR RELEASE VALVE I UNIT FHA I UNIT I" SINGLE SHORT SERVICE 9 UNIT 1" PVC SINGLE LONG 3 UNIT 1.5" DOUBLE LONG SERVICE 3 UNIT 2" SINGLE LONG SERVICE 2 UNIT 2" BLOW OFF I UNIT DRIVEWAYS BORING 140 L.F. Y WIDE SODDING 1,300 L.F. ACADlGPS AS -BUILT I L.S. TOTAL BID PRICE: The construction of water main shall include, but is not limited to, utilities exploration coordination with any permitting agencies, trenching, dewatering, installation of pipe with fittings and all appurtenances, restrainers, and soil compaction, disinfection, testings (includes providing temporary jumper or another approved method for disinfection and flushing) irrigation repair, as - built drawings and traffic control. The PVC pipe shall be C-900 and the DIP pipc shall be pressure class 350 DIP per Indian River County Utility Standards and Specifications. (It must have a metal thickness equal or exceeding the Class 50). The Contractor shall clearly specify the one used on the bid. Contractor will be provided with copy of construction plans in AUTOCAD format which includes location reference to state plane coordinates. 40310-5 I_] • January 18, 1999 Pre -Bid Meeting Agenda For;. CWERRYWQOD ESTATES WATER MAIN EXTENSION UW -98 -06 -DS Description of Project: Construction of approximately 36 L.F. 6" D.I.P., 780 L.F. 6" PVC and 490 L.F. 4" PVC water main pipe in Ponderosa Estates Subdivision located on 60th Avenue, south of 45th Street. The 6" pipe will be mostly PVC with 36 L.F. of D.I.P. constructed over a drainage canal. The project will include constructing 1 fire hydrants and 18 services. Construction consists, but is not limited to, mobilization, video/audio recording, utilities exploration, trenching, piping, testing, paving, restoration, compaction, demobilization, insurance bonds, cleaning, providing as -built drawings, etc. 2. The water main will be constructed on the west side of 59th from a wet tap and valve on the south side of 33rd Street, west of 58th Avenue. s 3. Contractor should be aware that the subdivision has front swale drainage (which is good for storm water quality but bad for constructing water mains through in the rainy season). So, the contractor will be responsible for making sure that 59th Avenue is Kept clean and trafficable and the trench -fine is restored as soon as possible. 4. All DIP must be wrapped in polyethylene liners unless contractor can provide an acceptable corrositivity test report indicating that liner is not required. 5. Existing grade of swales must be measured at 100' interval, relative to the elevation of road crown, prior to commencement of construction. 6. An Indian River County Right -Of -Way permit is required for work performed in county right-of-ways. Contact Jim Davis at 561-567-8000, ext. 245 concerning any questions related with construction in the county's road right- of-way. 7. All water meters must be extended at least 2' outside invert of swale. 8. Water services must be at least 3' under pavement. 9. Any/all add :ndum items to the bid package will be issued by the end of this week/first of next week 10. (questions? F] INDIAN RIVER COUNTY Board of County Commissioners Department of Utility Services Project No. UVB' - 98 - 05 - DS CHERRYWOOD ESTATES WATER EXPANSION PROJECT Indian River County Bid No. 9439 A Bid Bond MUST Accompany Bid M 4D 31 40 TABLE OF CONTENTS DIVISION O - BIDDING AND CONTRACT REQUIREMENTS 00420 Invitation to Bid 00100 Instruction to Bidders 00310 Bid Form 00530 Standard Form of Agreement EJCDC Agreement Between Owner and Contractor 00614 Construction Performance Bond 00624 Construction Payment Bond 00700 General Conditions 04840 Supplementary Conditions DIVISION I - GENERAL REQUIREMENTS 41000 Summary of Work 01025 Mcasurement and Payment 01460 Regulatory Requirements and Notification 01090 Reference Standards 01152 Applications for Payment 01153 Change Order Procedures 01201 Preconstruction Conference 01311 Construction Schedules 01340 Shop Drawings, Product Data and Samples 01381 Audio -Visual Documentation 01410 Testing Laboratory Services 01510 Temporary Utilities 01550 Temporary Controls 01600 Material and Equipment 01700 Contract Closeout 01710 Cleaning 01720 Project Record Documents 01740 Warranties and Bonds DIVISION 2 - SITE WORK 02115 Tree Protection and Trimming 02401 Dewatering 02485 Grassing 02576 Pavement, Sidewalk, and Driveway Replacement 02610 Restrained Joints, Excavation, and Backfilling 02623 Water Mains, Polyvinyl Chloride Pipe 02625 Water Mains, Ductile Iron Pipe and Fittings 02660 Testing and Inspection of Water Mnins • C-3 r SECTION 0oo2.0 ADVERTISEMENT' FOR. BIDS f INDIAN RIVER COUNTY # Sealed bids will be received by Indian River County until 2-00 PM -on ftbrunry 2. 1949. Each bid shall be submitted in a sealed envelope and shall bear the name and address of the bidder on the outside and the words "Cherrywood Estates Water Assesment Project, ". All bids, either mailed or walked in, will be received by the Purchasing Division, 2625 19th Avenue, Vero Beach, Florida, where they will be opened publicly and read aloud at 2:00 PM. All bids received after 2:00 P.M., of the day specified above, will be returned unopened. UTILITIES ASSESSMENT PROJECT NO.UW-98-05-DS INDIAN RIVER COUNTY BID # 9039 CONSTRUCTION OF CIIERRYWOOD ESTATES WATER ASSESMENT PROJECT All material and equipment furnished and all work performed shall be in strict accordance with the plans, specifications, and contract documents pertaining thereto, which may be obtained from the Indian Diver County LJtilities Departmenl, 1840 25th Strcel, Vero Beach Florida 32960 (561-770-5321). Copies of the plans and the specifications containing the necessary contract documents may be obtained by deposit of a check made payable to Indian River County , in the amount of Fifty Dollars ($50.00) for each set, which represents cost of printing, handling, and mailing and is non refundable. All bids shall be submitted in duplicate on the Bid Proposal forms provided within the specifications, A alpBOND must accompany each Bid, and be properly executed by the Bidder and by a qualified surety, or certified check or cashier's check ori any bank authorized to do business in the State of Florida, in the sum of not less than Five Percent (5%) of the total amount of bid, made payable to Indian River County Board of County Commissioners. In the event the Contract is awarded to the Bidder, he will enter into a Contract with the County and furnish the required Performance and Payment Bond. If he fails to do so, he shall forfeit the said bid Bond as liquidated damages. The County reserves the right to delay awarding of the Contract for a period of sixty (60) days after the bid opening, to waive informalities in any bid, or reject any or all bids in whole or in part with or without causelor to accept the bid that, in its judgment, will serve the best interest of Indian River County Florida. A Pre -Bid Conference meeting will be held on Monday. January 1821999 at 10-00 AM, in the first floor conference room of the Indian River County Administration Building located at 1840 25th Street, Vero Beach, Florida 32960. INDIAN RIVER COUNTY PURCHASING MANAGER. For Publication in the Vero Beach Press Journal Date(s): January 6, 1999 Please furnish tear sheet and Affidavit of Publication to: January 13, 1999 INDIAN RIVER COUNTY PURCHASING DIVISION 2625 19th Avenue Vero Beach, Fl. 32960 EI 4P 7 (UGC00100,FMT):aa r' SECTION 00100 INSTRUCTIONS TO BIDDERS r (Based Upon EJCDC No. 1910-12,1983 Ed.) I . DEFINED TERMS Terms used in these instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract (No. 1910.8,. 1983 ed.) have the meetings assigned to them in the General Conditions. The term "Bidder" means one who submits a hid directly to Owner, as distinct from a sub -bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest, qualified, responsible and responsive Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invitation to Bid, Instructions to Bidders, The Bid Fomv, and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 2. COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, staged in the Advertisement or Invitation to Bid may be obtained from Engineer. 2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 23 Owner and lsngincer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the work and do not confer a license or grant for any other use of the Bidding Documents. 3. QUALIFICATIONS OF BIDDERS To demonstrate qualifications to perform the work, each Bidder must be prepared to submit, within five days of Owner's request, written evidence, such as financial data, previous experience, present commitments, and other such data as may be necessary to prove to the satisfaction of the Owner that the Bidder is qualified by experience to do the work and is prepared to complete the work within the stated WIL,; period, 00100-1 O i 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE 4.1 It is the responsibility of each Bidder, before submitting a bid, to (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost progress, performance, or furnishing of the work, (c) consider federal, state, and local laws and regulations that may affect costs, progress, performance, or furnishing of the work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, or discrepancies in the Contract Documents. 4.2 Reference is made to the Supplementary Conditions for identification of: 4.2.1 Those reports of explorations and tests of subsurface conditions at the site which have been utilirA:d by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such reports, but not upon non-technical data, interpretations, or opinions contained therein or for the completeness thereof the purposes of bidding or construction. To obtain access to the site, the following shall be contacted: Michael C. Hotchkiss, P.E. Environmental Engin Project work site is located within the Cherrywood Estates subdivision road right-of-ways, ( 59`" Avenue) south of Cherry Lane (33`d Street), as shown on the construction plans. 4.2.2 Those drawings of physical conditions in relation to existing surface and subsurface conditions (except underground facilities) which are at or contiguous to the site which have been utilizer) by Engineer in preparation of the Contract Documents. Bidder may rely upon the accuracy of the technical data contained in such drawings, but not upon the completeness thereof for the purposes of bidding or construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the technical data container) therein upon which Bidder is entitled to rely as provided in Paragraphs 4.2.1 and 4.2.2 are incorporated therein by reference. Such technical data has been identified and established in the Supplementary Conditions. t14100-2 i u 4.3 Information and data reflected in the. Contract Documents with respect to underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. 4.4 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders on subsurface conditions, underground facilities and other physical conditions, and possible changes in the Contract Documents due to differing conditions appear in Paragraphs 4.2 and 4.3 of the General Conditions. 4.5 Before submitting a Bid, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests, and studies, and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance, or furnishing of the work and which Bidder deems necessary to determine its Hid for performing and fitrnishing the work in accordance with the time, price and other terms and conditions of the Contract Documents. 4.6 On request in advance, Owner will provide each Bidder access to the site to conduct such explorations and tests as each Bidder deems necessary for submission of Bid. Bidder shall fill all holes, clean up, and restore the site to its former condition upon completion of such explorations. 4.7 The lands upon which the work is to be performed, right-of-way and easements for access thereto and other lands designed for use by the Contractor in performing the work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by and paid For by the Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by the Owner unless otherwise provided in the Contract Documents. 40100-3 do py f 4.8 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and ftirn fishing of the work. 5. IN'T'ERPRETATIONS AND ADDENDA 5.1 All questions about the meanings or intent of the Contract Documents ore to be directed to the Utilities Department staff- Michael Hotchkiss. P.E.. Environmentol En *in r with Indian.River Coo—ty Coo—tUtilities. Interpretation or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for the opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other 'interpretation or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. BID SECURI'T'Y 6.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of the Bidder`s maximum bid price and in the form of a certified or bank check or a Bid Bond issued by a surety meeting the requirements of Paragraph 5.1 of the General Conditions. 6.2 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Agreement and furnished the required Contract security, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required Contract security within fifteen days after the Notice of Award, Owner tray annul the Notice of Award, and the Bid security of that Bidder will be forfeimd. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by the Owner until the earlier of the seventh day after the effective date of the Agreement or [lie sixty-first day after the Bid opening., whereupon Bid security 00100-4 4D 40 r r- t furnished by such Bidders will be resumed. Bid security with bids which are not competitive may be returned before the end of the sixty-day period. 7. CONTRACT TIME The number of days within which, or dates by which, the work is to be substantially completed and also complete and ready for final payment (the Contract Time) are set forth in the Bid Form and the Agreement. 8. LIQUIDATED DAMAGES Provisions for liquidated damages, if any, are set forth in the Agreement. 9. SUBS'T'ITUTE OR "OR EQUAL" ITEMS The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute or "or equal" items. Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the E=ffective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in Paragraphs 6.7.1, 6.7.2, and 6.7.3 of the General Conditions and may be supplemented in the General Requirements. 10. BID FORM 10.1 The Bid Form is included with the Bidding. Documents; additional copies may be obtained from Engineer (or the issuing office). 10.2 Ali blanks on the Bid Form must be completed in ink or by typewriter. 10.3 Bids by corporations must be executed in the corporate name by the president or a vire president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed acid attested by tl:e secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 10.4 Bids by partnership must be executed in [fie partnership name and signed by a partner, whose title must appear under the signature, and official address of the partnership must be shown below the signature. 10.5 All names must be typed or printed below the signature. 00100-5 40 10.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the number of which must be filled in on the Bid Form). 10.7 The address and telephone number for communications regarding the Bid must be shown. 11. SUBMISSION OF BIDS Bids shall be submitted at the time and dace indicated in the Advertisement or Invitation to laid and shall be enclosed in an opaque sealed envelope, marked with Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of the Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 11.1 The Bidder shall submit the Bid in duplicate on the forms, or an exact copy of the forms, furnished herewith. '11c blsuik spaces on the Bid Form shall be filled in correctly for each Bid Item for which a Bid is submitted. The Owner will consider only those bids received from parties who have obtained Contract Documents directly from the Owner or the Owner's Engineer. Contract Documents are not transferable to other parties for bidding purposes. Bids received from firms whose names are not recorded by the fawner or the Engineer as having secured documents for this Contract will be rejected. 12. MODIFICATION AND WITHDRAWAL OF BID'S 12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the nianner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 12.2 If, within two business days after Bids are opened, any Bidder files a duty signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial rnistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned. Thereafter, that Bidder will be disqualified from further bidding on the work to be provided under the Contract Documents. 00104-6 40 40 13. OPENING OF BIDS Bids will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 14. BIDS TO REMAIN S[JIBJECT OF ACCEPTANCE All bids will remain subject to acceptance for sixty days atter the day of the Hid opening, bort the Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date. 15. AWARD OP CONTRACT 15.1 Owner reserves the right to reject any and all Bids, to waive any and all informalities not involving price, time, or charges in the work, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non -conforming, non-responsive, unbalanced, or conditional Bids. Also, Owner reserves the right to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to the Bidder, whether because the bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria establisher) by Owner, Discrepancies in the multiplication of units of work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any colurnn of figures and the correct sum thereof will be resolved in favor of the correct sum. 15.2 In evaluating Bids, Owner will consider the qualifications of the Bidder, whether or not the Fids comply with the prescribed requirc..,nents, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award. 15.3 Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for those portions of the work ass to which the identity of subcontractors, suppliers, and other persons and organizRtions must be submitted as provided in the Supplementary Conditions. Owner nay consider the op.;rating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice to Award. 00100-7 s 15.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and establish the responsibility, qualifications, and financial ability of Bidders, proposed subcontractors, suppliers, and other persons and organizations to perform and furnish the work in accordance with the Contract Documents to Owner's satisfaction within the prescribed tune. 15.5 If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by Owner indicates to Owner that the award wilt be in the best interests of the'Project. 15.6 If the Contract is to be awarded, Owner will give the Successful Bidder a Notice of Award within sixty days after the day of the Bid opening. 15.7 More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names will not be considered. Reasonable grounds for believing that one Bidder is financially interested in more than one proposal for the same work will cause the rejection of all proposals in which such Bidders are believed to be interested. Any or all proposals will be rejected if there is reason to believe that collusion exists among the Bidders, and no participants in such collusion will he considered in future proposals for the same work. 15.8 Within ten (10) calendar days of the date of award of the Contract, the Bidder to whom the Contract is awarded shall execute and deliver the necessary documents entering into the Contract with the Owner. Payment Bond for the total amount of the Bid and Performance Bond for 125% of the Bid sluill have been furnished, executed, and delivered before the Contract will be executed by the Owner. 15.9 Failure upon the part of the Bidder to whom the Contract has been awarded to execute and deliver the Contract and the Surety Corporation Bond in the manner and within the time provided shall be just cause for annulment of the award and for the exclusion of the Bidder from bidding on subsequent projects, at the Owner's discretion. It is understood and agreed by said Bidder, that if the award is annulled for the above persons, the certified check or Bid Bond s'ta'g become (lie property of the Owner, not as a penalty, but as liquidated damages. 00100-8 4P II I L.. I L, 16. CONTRACT SECURITY Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to Performance and Payment Bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required Performance and Payment Bonds. The Performance Bond shall contain a specific provision that delay damages are covered by the Perfamnance Bond. 17. SIGNING OF AGREEMENT When Owner gives Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ten days thereafter, Contractor shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with required bonds. Within a reasonable time thereafter, Owner shall deliver one fully signed counterpart to Contractor. Each counterpart is to be accompanied by a complete set of the drawings with appropriate identification. END OF SECTION 00100-J 4W r (UGC003 l0.FMT):aa SECTION 00310 BID FORM (Based Upon EJCAC Na. 1910-18, 1983 Ed.) PROJECT ID1 NHFICATION: CHERRMOOD'BaJ&TFS WAT, A EESSMI-NT TEAS 91D IS SUBMITTED TO: Indian River County 2525 19th Avenue Vero Beach, FL 32950 I. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in thin form included in the Contract Documents to performs and furnish all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time Wicated in the Contract Documents and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the term and conditions of the Advertisement or Invitation to Bid and Instructions 1,0 Bidders, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. Bidder will sign and submit the A.gr"ment with the bonds and other documents required by tine Bidding Requimments within ten days alter the date of Owner's Notice of Award. 3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: (a) Bidder has examined copiea of all the Bidding Documents and of the following Addenda (receipt of a'1 which is hereby acknowledged); Date Number 003I0-1 t1 4b (b) Bidder has funitian'�,�rt itself with the nature and extent of the Contract Documents, the work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or finishing of the work. (c) Bidder has studied carefully all reports and drawings of subsurfk c conditions and drawings of physical conditions which are identified in ]Paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which Bidder is entitled to rely. (d) Bidder has obtained and carefully studied (or assumes responsibility fvr obtaining and carefully studying) all such ex.'an*&ions, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in (e) above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may art%ct the cost, progress, performance or funnisbing of the work as Bidder considers necessary for the performance or furnishing of the work at the contract price, within the contract time and in accordance with the other tertius and conditions of the contract documents, including specifically the provisions of Paragraph 4.2 of the General Conditions; and no additional examination, investigations, explorations, test, reports, studies or siniilnr infornaaaiion or date or will be required by Bidder for such purposes. (e.) Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing undm9round facies at or contiguous to the site and assumes responsibility for the ac curate location of said underground fircilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground f teilitics are or will be required by Bidder in order to perform and furnish the work at the contract price, within the contract time and in accordance with the other term and conditions of the Contract Docuraents, including specifically the provisions of Paragraph 4.3 of the General Cordons. (f) Bidder Inas correlated the results of all such observations, examinations, investigaiions, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Docutnents and the written resoL; 3n thereof by Engineer is acceptable to Bidder. 00310-2 4D +! Ir" L� (h) This bid is genuine and not matte in the interest of or on behalf of any undisclosed 1 person, firm, or corporation and is not submitted ki conformity with any agreement or rules of any group, association, organization or corporation; Bidder has net directly or iedirectly induced or solicited any other Bidders to submit a fittse or sham Bid; Bidder has not solicited or induced any peason, firm or corporation to refrain from bklding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner. 4. Bidder will complete and include with the bid the Schedule of Bid Items attached to this Proposal. The quantities shown on the Schedute of Bid Items are approximate quantities to be used for the purpose of comparing bids. The actual quantities may vary. It is further understood that the actual amours of the Agreement, and payments thereunder, will be based upon the actual quantities placed into the wo& S. Bidder agrees that the work will be completed in accordance with the following tine i'imm: (a) Within 144 calendar days from effective date of Notice to Proceed, Contractor sha11 complete the following tasks: I . Ofd all necessary permits. 2. Receive approved shop drawings for all amterials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing u0itics in the area of worn. 5. Mobilize all labor, equipment, and materials. b. Deliver and store all equipment and materials to the job site. 7. Notify all utilities and other affected parties prior to initiating construction. (b) From 15 calendar days to 21 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the followiDg tasks: 1. Install all pipe and appurtenant items. 2. Perform a1Q tt sLitig. 3. Restore. all disturbed areas to their pre construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks out%icd above (Le., Subparagraphs a and b) constitute Sulu►,:, -,d il Completion. 00310^3 C-1 r C) From 3A i calendar days to 45 calendar days from the et%ctive date of Notice to Proewd, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all eTiipment and material from project site. 3. Perform contract close-out procedures. Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 6. The following documents are attached to and made a condition of this Bid: (a) Schedule of Bid hews. (b) wired Bid Security in the form of Insurance. 7. Communications concerning this Bid shall be addressed to: Michael C. Hotchkiss, P.I . Environownta�l Engineer (551) 770-5321 Ilie address of Bidder indicated below is as follows: Driveways. lnc. 3300 Bobbi Lane Titusville, F1 32780 9. The tarts used in this Bid which are defined in the General Condidions of the Construction Contract include as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBNfI d'ED ON February 2, 1999 e 00310- 40 TOTAL BID PRICE: $40,945.94 The construction of water main shall include, but is not limited to, utilities exploration, coordination with any permitting agencies, trenching, dewatering, installation of pipe with fittings and all appurtenances, restrainers, and sail compaction, disinfection, testings (includes providing temporary jumper or another approved method for disinfection and flushing) irrigation repair, as- buiit drawings and traffic eontrol. The PVC pipe shall be C-900 and the DIP pipe shall be p=wc class, 350 DIP per Indian River County Utility Standards and Spmifications. (it must have a metal thickness equal or exceeding the Class 50). The Contractor shall clearly specify the one used on the bid. Contractor will be provided with copy of construction plans in Ad1TOCAD format which includes location reference to state plane coordinates. 111100 Im SCHEDULE OF HID ITEMS INDIAN RIVER COUNTY CHERRYWOOD WATER ASSESSMENT PROJECT INDIAN RIVER COUNTY PROJECT NO. UW -98 -05 -DS ESTIMATED UNIT SUB ITEM PRICE TOTAL MOBILWATION 1 L.S. 1500.00 1500.00 VIDEO RECORD 1 L.S. 500.00 500.00 8"x 6" WET TAI' WNALVE I L.S. 1554.53 1554.53 6" GATE VALVE I L.S. 562.82 562.82 6" PVC WM 780 L.F.g_ns 7059.ao 6" DIP WM 40 L.F. 71.50 2860.00 4" PVC WM 500 L.F. 6.77 3385.00 ADD COST FOR RANGE,RESTRA114ERWJ 1 L.S. 2.827.19 2827.19 AIR. RELEASE VALVE 1 UNIT 150.20 160.20 FHA l UNIT 1850,00 1850.00 1" SINGLE SHORT SERVICE 9 UNIT 529.06 4761.54 1" PVC SINGLE LONG 3 UNIT ,6„r , a3 19443 1.5" DOUBLE LONG SERVICE 3 UNIT X2,7 7753.At 2" SINGLE LONG SERVICE 2 UNIT 794.12 1588.24 2" BLOW OFF I UNIT 433.62 433.62 .DRIVEWAYS BORING 140 L:F. 18.00 2520.00 Y WIDE SODDING 1,300 L.F. 7,5 iasn _ on ACAD/GPS AS -BUILT I L.S. 1440.00 1.440.00 TOTAL BID PRICE: $40,945.94 The construction of water main shall include, but is not limited to, utilities exploration, coordination with any permitting agencies, trenching, dewatering, installation of pipe with fittings and all appurtenances, restrainers, and sail compaction, disinfection, testings (includes providing temporary jumper or another approved method for disinfection and flushing) irrigation repair, as- buiit drawings and traffic eontrol. The PVC pipe shall be C-900 and the DIP pipe shall be p=wc class, 350 DIP per Indian River County Utility Standards and Spmifications. (it must have a metal thickness equal or exceeding the Class 50). The Contractor shall clearly specify the one used on the bid. Contractor will be provided with copy of construction plans in Ad1TOCAD format which includes location reference to state plane coordinates. 111100 Im 4D 40 7 _chq afety Bidder acknowledges that included in the various items of the Proposal and in the total t , Bid Price are costs for coniplying with the Florida Trench Safety Act (90-96, Laws of Florida), effective October 1, 1990. Bidder further ideatiiics the costs to be summarized below: Trench :Safety Units of Unit Unit Extended Measure Measure (Quantity) cost cost (Description) A. N/A Depth is less than 5 ft. C. La Total $ .00 Failure to complete the above may result in the Bid being declared non-responsive. 330 Bobbi lane Signature Edwin E. Up hegrove Address President Titusville, F1 32780 Title CUC044223 February 2, 1999 License Number (If Applicable) Date (SEAL -- if Bid is by a corporation) A'T'T'EST: �e�G� c vim' . _ _Z' If Bidder is: An Individual By: - (SEAL) (Individual's Nam) doing business as: 00310-6 4M do Business address: Phone Number f A PngkeoN- By: (General Partner) Business address, Phone Number If Bidder is: A CoMgrafio BY' Dc�Lyeways Inc_ (Corporation.Name) Florida (State of Corporation) By: Edwin E, Upthegrove (Name of Person Authorized to Sign) President (Coiporatc V Business Address: 3300 Bobbi -"Lane U4-- - i" - P — 42789 By,. (General Partner) 00310-7 E 40 7 Business address: 1 Abk Venture By: (Name) (Address) By: (Name) (Address) (Each joint venturer must sign. The manner of signing for each irldWual, partnership and corporation that is a part to the joint venture should be in the manner indicated above.) 00310-8 40 i r SwoRN STATENmNI' UNDER SECTION 287.133(3)(a) FLORIDA STATUTES, M PUBLIC ENUTY CRIMES (To be Signed in the presence of a notary public or other officer authorix,,eci to aclnminister oaths.) STATE OF Florida I, COUNTY OF Brevard Before t, the undersigned authority, personally appeared Edwin who, being by me first duly sworn, made the following statement: 1. The business address of Driveways Inc. (name of Bidder or Contractor)is 3300 Bobbi i� Tit 2. My relationship to rte__; w�,�n (name of Bidder or Contractor) is President (relationship, such as sole proprietor, partner, president, vice president), 3. I understand that a public entity crime as defined in Section 287.133 of Florida Statutes includes a violation of any atate or f6deral law by a person with respect to and directly related to the transaction ofbusincss with any public entity in norida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or such an agency 0 political subdivision and involving antitrust, fraud, theft, bribey, collusion, racketeering, conspiracy, or material rrrisrepreswtation. 4. Yunderstand that "convicted" or "conviction" is defined by the statute to mean a finding of guilt or a conviction of a public entity crinie, with or without an 4udication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjtuy trial, or entry o f a plea of guilty or nolo contendere. S. I understand that. "affiliate" is define -d by th,- statute to mean (1) a predecessor or successor of a person or a corporation coav ted of a public entity crime, or (2) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3) those officers, dirmors, executives, partners, shareholders, employees, members, and agents who are active in the management vi' an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. 003M-9 e 17-A r M 6. Neither the Bidder oit Contractor nor any officer, director, executive, partner, shareholder, employee, member or agent who is active in the management of the Bidder or Contractor nor any afYi1tate of the Bidder or Contractor has been convicted of a public entity crime mbsequrnt to July 1, 1989. (Draw a line through Paragraph 6 if Paragraph 7 below applies) 7. UM. hm been.. a conviction of a public entity, entire by the; Bidder or Conbwwr, or an officer, tive, partner, shareholder, employees, magent of the Bidder or Contractor who is ac0v7e"m4IicrmnageMCnt of the Moir ("outractor or an affiliate of the Bidder or Contractor. A dctesmi made pursuant to Section. 287.133 (3) dry order of the Aivision of gs that i J�J t1 in the public interest for the name of the c aigonvicted p e to appear on the convicted ve The name of the convicted late is A copy of the order of i Hearings is attached to this statement. (Draw a line through Paragraph 7 if Paragraph 6 above applies) Edwin E. Upthegrove, President Sworn to and subscribed before me in the state and county fust mentioned above on the 2nd. day of February - Y 19 99 . (affix seal) Notary Public jJ/JJ7l1JJJJJJJ11Jll/JJJJJrJJJJJfJJJJJ N. 'OV r&e Dorothy J. t)ilbcck 14 Notary Pubhc, Slalc of Florida roe Commission Mo. CC 668560 my rrrrrrrri `rc `& �° a "ico. rrrrrrrrrrrrrrrrrrrr/ 00310-1Q C1 TSIS SQFM MUST BZ SIGM Iii 'fin V"S=CZ OF A ti 7CVMIC OR . OFFICER F `IC R AMCRXMD To ADMXMSTLR OATHS. 1. 'This sworn statement is submitted with RFP No. for Cherr wood Estates Wat r E 2. This sworn statement is submitted by: Edwin E. Upthegrove _ (Name of entity submitting sworn statement) whose business address is: and (If 3300 Bobbi. Lane applicable ) its Federal Employer Identification Number (FEIN) is 59-0867663 (If the entity has no FEIN, include the Social. Security Number of the individual, signing this sworn statement 3. My name is Edwin E Usatlieernve and my (Print name of individual signing} relationship to the entity named above is President 4. I understand that an affiliate" as defined in Section 105.08, Indian River County Code, means: The term "affi.iiate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee roust be disclosed as follows: Father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife; father-in- law, mother-in-law, son-in-law, brothe.L-in-law, sister-in- law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandparent or grandchild. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting 00310-11 ob 4" this sworn statement. (please indicate which statement applies). � x Neither the entity submitting this sworn staterment, nor any officers, directors, executives, 'partners, shareholders, employees, members, or agents who are active in management of the entity, have any relationships as defined in Section 105.08, Indian River County Code, with any County Commissioner or County employee. _ The entity submitting this sworn statement, or one or more —'- of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity have the following relationships with a County Commissioner or County employee. Name of Affiliate Name of County Reiationshi Dr Rntit Commissioners Edwin 1�. U-pthegrove, President February 2, 1999 (Date) STAXE OF Florida COUM 08' Brevard The :foregoing instrument was acknowledged before ms this 2pd,,, day of February , 19 99 , by Es , who is personally known to we or who has produced as identification. . C` c3TARY PfTBL pR.W: Dorothy_ J Dilbeck STATE OF FLORIDA AT JARGE r(r rrrrrrrrr,, rrrrr� r rr.+r.+rrr�rarrr�rr� r 5 >4 cl Dorothy J. Dil beck >� " NOUry fl:hlic, 5 >� o, r' M CommCQM T11 s ssion Pte ` ion ENi? OF SEC'PICt� a m¢r�aot. 00310"12 >irrr rrrhirri�r'rir°r`°�'iY c°s fu�a„�r,'rr/ 40 r' This document has important legal consequences: consultation with an attorney is encouraged with respect to its completion or modification. SECTION O0530 STANDARD FORM OF AGREEMENT BET'W'EEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By �Utilft+. AMERICAN •. Yi..f b~ t SGtcrm Or • 1 Pf-kfi •1 4 ■ w rt� w 7i + [Houlttns rowlst� PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CMI. ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General {'ems Contractars of America Fhc d Form of Agreement has been prepared for use with the Standard General Conditions of tion Contract. No. 1910-8, 1983'edition. Their provisions arc interrelated and a change in '— may r:share a change in the others. The ijuggested language for instructions to bidders contained totFtePreparation of Insructionx to Bidders. Na. 1910-I?. I983 edition, is else Carefully ith the l2n9U29C of lhis Agreement. COMMents Concerning their usage are contained in the COMMinlary Ott Agreements for Enginecrinc Services and Contract Documents, No. 19to•9, 1931 edition. See also Cui& to the Preonratinj of �;r ,r •, ..,,.;:,, ( �.,.I:e;nna A} , !J i:1_:" Inca _ CI E__1 r UTIL (EJCDC.FMT):aa EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT, dated the 16 day of � in the year 199x] by and between Indian River County, a po iticaysubdivision of the State of Florida (hereinafter called OWNER) and Driveways, Inc.(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is generally described as follows: Construction of approximately 36 L.F. of G" DIP, 780 L.F. of 6" PVC and 490 L.F. of 4" PVC water main in the Cherrywood Estates Subdivision from an existing water main located on Cherry Lane (33rd Street), along with fire hydrants and services. Restore the right- of-ways as close as possible to the pre -construction condition or better. Construction consists of, but is not limited to utilities exploration, coordination with any permitting agencies, trenching, dewatering, installation of pipe with fittings and all appurtenances, restrainers and soil compaction, disinfection, testing (includes providing temporary jumper or another approved method for disinfection and .slushing) irrigation repair, as -built drawings and traffic control. The PVC pipe shall be C-900 and the DIP pipe shall be pressure class 350 per Indian River County Utility Standards and Specifications (with metal thickness equal or exceeding the Class 50 for under road). The Contractor shall clearly specify the one used on the bid. Contractor will be provided with a copy of construction plans in AUTOCAD format which includes location reference to state plane coordinates. CONTRACTOR, as an independent contractor and not as an employee, shall furnish, for the sum amount of $40,948.94, all of the necessary labor, material, and equipment to perform the work described above in accordance with the Contract Documents. Article 2. ENGINEER. The project has been designed by Indian River County Utili4ies Department, hereinafter called ENGINEER, and who is to act as OWNER'S rep:.esentative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. FA --1 L Article 3. CONTRACT TIME. 3.1 The work will be completed in accordance, with the following time frame. (a) Within 14 calendar days from effective date of Notice to Proceed, CONTRACTOR shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Mobilize all labor, equipment, and materials. 6. Deliver and store all equipment and materials to the job site. 7. Notify all utilities and other affected parties prior to initiating construction. (b) From 15 calendar days to 35 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1 L 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their preconstruction condition. 4. Correct all deficiencies noted by ENGINEER. Completion of all tasks outlined above (i.e., Subparagraphs a and b) constitute Substantial Completion. c) From 36 calendar days to 45 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment andmaterial from project site. 3. Perform contract close-out procedures. Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitutes final completion. FA -2 40 3.2 Liquidated Damages.. OWNER and CONTRACTOR recognize that time is of the essericp of this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and f difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER three hundred dollars ($300.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER three hundred dollars ($300.00) for each day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $40,948.94. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER 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 Applications for Payment as recommended by ENGINEER, on or about the 30th day of each month during construction as provided below. All progress payments will be on the basis of the progress of the work measured by the scnedule of values established in Paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed), or, in the event there is no schedule of values, as provided in the General Requirements. FA -3 4D 40 r i 5.1.1 Prior to Substantial. Completion, progress will be made in ant amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Paragraph 19.7 of the General Conditions. 90% of work completed. If work has been 50% completed as determined by ENGINEER, and if the character and progress of the work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the work remain satisfactory to them, there will be no additional retainage on account of work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the work Completed. 50% of materials and equipment not incorporated in the work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in Paragraph 19.2 of the General Conditions). 5.1.2 Upon Substantial Completion in an amount sufficient to increase total payments to CONTRACTOR to 100% of the Contract price, less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Paragraph 19.7 of the General Conditions. 5.2 Final payment. Upon final completion and acceptance of the work in accordance with Paragraph 19.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 19.13. Article 6.INTEREST. Not Applicable. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: ` FA -4 L� i C�I 7,1 CONTRACTOR has familiarized itself with the nature and i ! extent OF THE Contract Documents, work, site, locality, � and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.2 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, Performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and. data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the Provisions of Paragraph 4.3 of the General Conditions. EA -5 40 40 } 7.5 CONTRACTOR has correlated the results of all such # observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7..6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8.CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 This Agreement (Section 00530). 8,2 Performance and other bonds (Sections 00610 and 00620), 8.3 Notice of Award and Notice to Proceed. 8.4 General Conditions ('Section 00700), 8.5 Supplementary Conditions (Section 00800). 8.6 Specifications bearing the title CHERRYWOOD ESTATES WATER ASSESSMENT PROJECT as listed in the table of contents hereof. 8.7 Drawings, inclusive with each sheet bearing the following general title: CHERRYWOOD ESTATES WATER ASSESSMENT PROJECT 8.8 Addenda numbers 1 to 1, inclusive. 8.9 CONTRACTOR's Rid (Section 00310). 8.10 Indian River County Water and Wastewater Utility Standards, 8.11 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other dc—lments amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.4 and 3.5 of the General Conditions. FA -6 C7 t— There are no Contract Documents other that/ those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.4 and 3.5 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 THE CONTRACTOR SHALL BE PROPERLY LICENSED TO PRACTICE ITS TRADE OR TRADES WHICH ARE INVOLVER IN THE COMPLETION OF THIS AGREEMENT AND THE WORK THEREUNDER. Article 10. OTHER PROVISIONS. FA -7 40 IN WITNESS WHEREOF, OWNER AND CONTRACT6R%have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on C(� zcte�/tc / , 1991. OWNER India iver County C;ONTRA&OR Driveways, Inc. Bo d o Count CUimm ssianer BY n�Rdh iChairmani BY 0�tcP Edwin E. U the rove, President or Kenny E. Upthearove;, d , _ Vice President (CORPORATE SERI, } ; Attes4,- Attest p �r Address fot,g4ving notices Address for giving notices 1840 25th Street Vera Beach,_ Florida 32960 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) 3300 Bobbi Dane tusville, FL 32750 License No. CU 0044223 Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign) END OF SECTION FA -8 C-1 r- (UGCOOGIO.FMT)TA CONSTRUCTION PERFORMANCE BOND SECTION 00610 Any singular rferajace to Contractar, Surety, Own r or other Party shall be considered_ plural where applicable CON'TRACT'OR (Name and Address): SURETY (Name and Principal place of Business OWNER (Name and Address): Indian River County, a Political Subdivision of the State of Florida 1840 25th Street Vero Beach, Florida 32960 CONSTiRUCTION CONTRACT Date: Amount: Description (Name and Location): BOND Date (Not earlier than Construction Contract bate): Amount: Modifications to this Bond Farm: CONTRACTOR AS PRINCIPAL company: signature: Name and Title: CONTRACTOR AS PRINCIPAL Company: signature: Name and Title: (Corp. Seal) (Corp. Seal) SURETY Company: (Corp. Sea: Signature: Name and Title: SURETY Company: (Corp. Sea Signature: Name and Title: • M L I. The Con Iracwrand the Surety, jointly and severally, bind themselves. tneir nun, executors, 34IMA eramrs. suuce,sors anti assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. [(The Contractor performs the Construction Contract, the Surety and The Contractor shall have no obligation under this Bond. except to par. ricipatc in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall anse after. I. The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, than the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and she Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner. the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Consnnetion Con- tract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default: and 3.2, The Owner has declared a Contractor Default and formally ter- minated the Contractor's light to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as pro• vided in Subparagraph 3.1; and 3.3. The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner, 4, When the Owner has satisfied the conditions of Paragraph J. the Surety shall promptly and at the Surety's etpense take one or the following actions: 4.I, Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract: or 4,2. Undertake to periorm and complete the Construction Contract itself, through its agents or through independent contractors. or 4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract forperforrnance and com- pletion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to The bonds issued on the Construction Contract, and pay to the Owner the amount of dansages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4. Waive its right to perform and earn piece, arrange for completiOn.' orobsain a ne w c ontrac i or a nd with reasonable prom pine ssunder the circumstances: 1, After investigation. determine the amount for which it may be liable to the Ownerand. as soon as practicable after the amount is determined, render payment therefor to the Owner; or 2. Deny liability in whole or in pan and sctifr the Owner siting reasons therefor. 5. 1f the Surety does not proceed as provided in Paragraph 4 with season• able promptness. the Surety shall be deemed to be in default an this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its ab!.eatioms under this Omni, and the Owner shall he entitled to cn tree any remedy available to the Owner. If rhe Surety proceeds as provided In Suhpiragra.ph 4,4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in pan, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor s right to compte.t lilt :_-;.Lruction Contract. and if tic Surety el.cts to ac: under SutparsirsN;, 4.1..4 2. or 4.3 above, then the responsibilities of the Surety to the Owner p shall not be great[r than those of the Contractor under the Conttnrellan Contract, and the responsibilities of the O+wner'to the Surety shall not be greater than those of the Owner under the Con$Irttelion Cantract. To the limit of the amount of this Bond. but subject to commitment by the 0wner of the Balance of the Contract Price to mitigation of costs and damages On [he Construction Contract, the Surety is obligated without duplication for: 6.1. The responsibilities or the Contractor for correction of defective work and completion of the Consttuction Contract; 6.2, Additional legal, design professional and delay costs resulting from the Contractor's Default. and resulting from the acttcns or failure so act of the Surely under Paragraph 4; and 6.3. Liquidated damages. or if no liquidated damages are specified in the Construction Contract, actual damages caused by dehtyed perfarmance or non-performance of the Contractor. l 7. The Surety shall not be liable to the Owner at others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of -action shall accrue on this Bond to any person or entity other than the Owner or its heirs, cxctutors. administrator3. or successors. S. The Surely bercby waives notice of any change, including changes of lime. to the Construction Contract or to related subcontracts, purchase orders and other abligatians. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work I or part of the work is located and shall be instituted within two years after Contractor Default orwiihin two years after the Contractorccased work- ing or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provutons of this Paragraph arc void or prohibited by law, the minimum period of limitation available to sureties as a defense ars the jurisdiction of the suit shall be applicable. 10. Notice to the Surely, the Owner or the Cotnractor shall be mailed or delivered to the address shown an the signature page. Il. When this Bond has been furnished to Comply with a statutory or other legal requirement in the location where the construction was to be performed. any provision in this Bond conflicting with said statutory lir legal requirement shall be deemed deleted herefrom and provisions con• forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. _ 12. Definitions. 12.1. Balance of the Contract Price; The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustmeon have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of Insurance or other claims for dam- ages to which rhe Contractor is entitled. reduced by all valid and proper payments made to lir on behalf of the Contractor under the Construction Contrct. 12.2. Construction Conitact: The agreement between the Owner and the Contractor identified on the signature page, 'including all Contract Documents and changes thereto. :2.3. ConeractorDefault:Fai!ureofeheContractor, which has neither been remedied nor waived, to perfarm or otherwise to comply with the terms of the Construction Contract. 12.4. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 40 a Const ruction Payment Bond SECTIO14 04620 Any singular reference to Contractor, Surety, Owner or other porty shall. be considered Plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Plate of Business): IWNER (Name and Address): ..adian River County, a Political Subdivision of the State of Florida 1840 25th Street aro Beach, Florida 32.960 ]NSTRUCTION CONTRACT Date: Amount: Description (Name and Location): BOND Bate ((Vat earlier than Construction Contract Date): Amount: Modifications to this Bond Form: 7NTRACTOR AS PRINCIPAL Company: Signature: r_ Name and Title: )NTRACTOR AS PRINCIPAL Campan y: Sisnature: Name and Title: (Corp. Seal) (Corp. Seal) SURETY Campany: Signature: Mame and Title: SURETY Company: Signature: Name and Title: (Corp. Seal) (Corp, Seal) CDC No. 1910.28001984 Edition) 'pared through the joint CITOns or the Surciy Assoc IWon of Amtri ca. Engineers' Joint Contract fioeuinents Cammime. The Associated iCAMI Ctlln17CIM or Amtrica. American Institute or Architects. American Subcontractors Association. and the Artrximcd Spreiaity `an[ractors. do • i. The Conlracioe and Iht Surety. jointly and sevcrzlly, bind themselves - Weir heirs, executors. administ Gltart, au CCGSoft anti asligna lolhe Owner to pay for labar. materials and equipment furnished for use in the perfor. mance of the Cdnstfllelton Contract, which ts incorporaled herein by ret(erencc, 2. With respect to the Owner. this obligation shall be null and void if the Contractor. 2.I, promptly makes payment. directly or indirectly, for all sums due Claimants. and Defends. rndemnlFics and holds harmless the Ownierfrom all claims. demands, liens or suns by any person or cntisy who furndncd labor, ma.tena.ls or equipment for use in the performance of the Construction Contract. provided the Owner hat promptly notified the Comravor and the Surely fat the address deicn'bcd in Pira. Mph 121 of any claims. demands, liens or suns and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3, With vespers to Claimants, this obligation shall be. null and void if the Contractor promptly makes pAy'mcn[., directly or indirectly, for all sums due. 4. The Surety shall liave no obligation to Claimants under this Bond until: 4.1. Claimants who arc employed by or have a direct contract with the Contractor have given notice to the Surety fat she address described in Pirafraph 12) Ansi sent a copy, or notice thereof. to the Owner, stating [hat a claim is lacing made under this Band. and. with substantia) accuracy, the amount of the claim. 4.2. Claimants who do not have a distet contract :with the Conlracwr. 1. Have furnished written notice to the Contractor and unt a copy, or novice thereof. to the Owner, within 90 days after Isaving last performed tabor Or tut furnished maleriale or equip. Irrent included in the claim staring, with substanlial accuracy, the amount or the claim and the name of the party [o whom the materials were furnjihed or suppUed or for whom [he tabor wet done or pcsforniad; and 2. Havc either received a rejection in whole or in part from she Contractor, or not received within " days of furnishing the above notice any communication from the Contractor by whicli the C'onuractor has indicated the claim will be paid directly or inoirectly; and 7. Not having been paid within the above 30 days, have sent a written notice Ib the Surety (at she address dctcrbhcd in Para - Mph 12) and sent a copy, or notice uicrco(, to rhe Owner. stating that a claim is being made under this Bond and enclosing A copy of the previous written notice furnished to the can. Iractor. J. If a notice required by Paragraph 4 is given by the Owner to Inc Contractor or to the Surety, Haat is stdflcicnt compliance. 6. When the Claimant has satisfied, he cortdi[ions of paragraph 4, the Surety shall promptly and at the Surety's eapensc take the following adllons: 6.1. Send an answer to the Claimant, with a copy to she Owner, witliim 43 days after rccegp[ of the claim, stating the amounts In&are undisputed and the basis for challenging any amounts that are disputed, 6.2, Pay or arrange for payment of any undisputed amounts, 7. The Surety's total Obligation shall not exceed the amount ofthis Bond, a.nd the amount ur lhis Bond snail be credited for any payments made in good faith by the Surety. S.P•r,su till uwcd by rhe Owner to theContlactnr under the Construction Contract shall be used for the performance of the Consuuc.tross Conlracr and to siiia(y claims, if anv, under anv C aosinietion Penormance Bond. By the Contractor rurm0m1 and the Owner aceentmo ih„ [, j. t.{, agree that all fund, earned by Itic Cdnlrmcior in wic pen-nrynance of the Cunstruchon Contract are dedicated to satisfy obligations of the Con. tractar and the Surety under this Bond. sub)et+ to Inc Owner r pneny to lose the funds for the completion of rhe work. 4. The Surety shall not be liable Iv the Owner. Claimants or othen tar obligations of the Contractor shat are unrelated to one Constluction Con, tract. The Owner shall not be liable for oavmem Of any costs or e.wcnscs of any Claimant under this Bond, and snail have unoer this Bond no obligations to make payments to, give notices on crnalf of, or otherwise have obligations to CLimwits under this Bond. to. The Surety hereby wa ves notice of any change, including changes of time, to the Construction Contract or to related subeonlrac1l, purchase orders and Other obligations. 11. i4o suit or action WE be commenced by a Claimant under this Bond other than in a court of Competent jumdicuon rn the [option in which the work or part of the work is located or alter the exp,ralldn of are year from the date fit on which the Clamunl gave the notice required by Subparagraph 4.1 or Clause J..' liiil, or 01 on which the last labor of service was performrd by anvane or the last malenalt ortquiprr:ent were furnished by anyone under the Construction Contract. whichever of iii or(Wirst occurs. if the provisions of this Paragraph are voidor prohibited by Paw, the minimum period of linutancia available to sureties asadefensc in the jumidiction of the suit shall be applicable, 12. Noaice to the Surety, the Owner orthe Contractor shati be mailed or delivered to the address shown on the sigssaturx page. Actual receipt or notice by Surely, the Owgcr or the. Contuctur, hov.cyer accomplished, a hall be suMcitin I compliance as of the dale remcived at the address shown on the issw s[turre page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the consirucuoa was to be performed. Any ptovislon in this Hand conflicting with acid statutory or legal requirement aha t be deemed deleted hetcfrom and provisions con- forming to such igtuwry or other tegal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as A statutory bond and not as a common law bond, 14. Upon request by any Person Or cnuty appearing to be a potenl;sf benelieiary of this Bond. the Contractor shag promptly furnish a Copy"t,. this Bond or shall permit a copy to be made. 15. DEFINITIONS 13.1. Claimant: An ndividusk! or enuty having a dis'ect contract with rhe Cunlroclor or with a suneontriocw of e_- Contr.CUK to furnish labor, materials or equipment for use in the performance df the Colitract, The intent a f this Band shall be to include wi thou t lirrsitation in the serais "labor, maierialsorequipment" that pan of water, gas, power. light, htal, aril. gtaOhm telephone service 6r rental equipment used in the Conslrucuon Contract, Architec• [ural and engineeiil g services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanics lien may be asserted in the junsdicuon where the labor. matcnall or equipmeni were furnished. 15.2, Construction Contract: The agreement between the Owner and the Conlnc[or identified on the signature page. including all Contract Documents and chanties thereto. 15.3, Owner Default: Failure of she Owner. which has neither been remedied riot waivCd, to nay die Canlnc(nr Al rmuirrel hu lh• Constrr:ctibn Con[rct or to Fact mb and complete or comply with the other terns thereof. (FOR INFORMATION ONLY --Name• address and Telephorte) AGENT or BROKER. OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 4D a .I ACORD ' 1 -E 01 - iHA 0512711y98 '' ROCUCER (407) 267-0551 FAX (407)267-2953 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ,pencer Sr Associates, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE }HOLDER, THIS CERTIFICATE SLOES NOT AMEND, 19 Carden Street EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. .0. Box 2.606 COMPANIES AFFORDING COVERAGE (Titusville. FL 32781.2606 c0,,ANY L1a1li'y FForge Insurance Company -- T Attn: Peggy Broughton Ext: 18 A raDliEo Driveways, Inc. COMPANY Transportation Insurance Company P 4 Box B le ! Titusville, , FL 32780 coMP� Transcontinental Insurance Company C COMPANY D THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF AINY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHECH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. I L;0 TYPEOFWSURANCE POUCY'NUMBER GENERAL LIA&LH1' X - COMMERCLAL GENERA. LIABILITY A I_w::: CLAIMS MADE _XL OCCUR 0641196904 II OWNERS S CONTRACTORS PROT AUTOMODILE U ADAJTY X ANY AUTO ALL O WNEO AUTOS C .� 8CHEOULEDAWOS ~ HIRED AUTOS NON-0VMEDAUTO3 I. I QARAD E LIABILITY ANY AUTO POU" EFFECTIVE POLICY EXPIRATION DATEiMMMOTYY7 DATEIMWDDfM UMFTS GENERAL AGGREGATE S 1,040,000 PRODUCTS - COMPTOPAGG 13 1,044,040 03/31/1998 43/31/1999 ...... dnVVV,VVV EACH OCCURRENCE $ LOW,= FIRE DAMAGE (Ar,y o Anel s 50,404 MED EXP IAT"P ) IS 5.000 COMBINED SINGLE UNIT S 1,000,000 BODILY INJURY �S 0441196905 03/31/1998 43/31/'1999 IF, P-$ BODILY INJURY {PK ILr1! I _ PROPERTY DAMAGE Ii EXCESS LIABILM 8 Xl UMBRELLAFORMA 0201.196906 AUTO ONLY - EA ACCIDENT I s OTHER THAN AUTO ONLY: EACHACCIDENTI $ AGGREGAT>:I EACH OCCURRENCE 43/31/1998 03/31/1999 AGGREGATE s s 1,OOQ.440 O FMPLOYWORKERS COMPENSATION AND X INC STAiU TORY LUARS_ ERTk4 EMPLOYERS' LIABILFIY B -- WC104529528 03/31/1998 43/31/1999 EL EACH ACCIDENT iS 100,400 PARTN R&EX CU INCL EL DISEASE- PotM.YLIMIT is 504,404 PAATNEREJEJfECUFME -- -- OFFICERS ARE EfCL EL OISVI SE • EA EMPLOYEE !S 141 OTHER I OF OP ERATIONSTLOCATMON&VEK IM Compensation Requires Indian River County Board of County Cammissioners 1844 25th Street C Vero Beach, FL 32964 ice of Cancellation. SHOULD ANY OF TNB ABOVE DESCRIBED POLICIES BE CANCELLED DEFCRCTI,E EAPIRATION DATE THEREOF. THE ISSUING COMPANYYALL ENDEAVOR TO'MAIL 10 DAYS WRFCTEN NOTICE To THE CEnTIF,CATE HOLDER NAMED TO THE LEFT. BUT FAILURE FD MAIL SUCH NOTICE SHALL IMPOSE NO OULIOATION OR LIA8UTY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESEN TATIVEI TfinOC17V r-ieldsL..%L"-,'%%G'"`�` 4b • 15 •�O i �60 41 THE AMERICAN INSTITUTE OF ARCHITECTS MEW Cop NMONLASTMU jjL&q".CLM co t.o �n ca IN THE REConsor AIA Document A312 JEFFREY' K. BARTON INDIAN IROUiTOCUffr I" performance Band INDIAN AIV ER CO. FLA. �-' Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. )� 3 CONTRACTOR (Name and Addressi: SURETY (Name and Principal Place of Business): DRIVEHAYSI INC, MERCHANTS BONDING COMPANY � 3300 SOBBI LANE PD 80iI 2672.0 TITUSVILLE, FL 32790 { AUSTIN, TEXAS 78755-9931 �g OWNER (Name and Address): p INDIAN RIVER COUNTY 1708 21ST STREET VERO DEACU, FL CONSTRUCTION CONTRACT Date: C3 Amounl:FORTY THOUSAND NINE nHNDRED FORTY EIGHT DdLI,US AND 94f1D0 Description IName and Location): CHERRYWOOD ESTATES DO lV BOND r�, LT Date (Not earli�f,��[tran Construction Contract Date): Amotjti1si404,e,�+r 4tdt)iH�lCta tt�r ond: None .1 See Page 3 N J+ vise ` �iJ Z f a ?agJrvCfPAL SURETY f. (Corporate Seal) Company: A+G a r C r [4ERCnlINTs BO ING CO 11N]fid� l/ y4 4d . f A ;v5trJnft Signature: Nmla'te 13ndcTtfJe..:I N IN OFTHEG VE Name and Title: EARL SP '+°a •{ r bro h = •f+ G�'f.,s-v°SIDENT ATTORNEY-IN-� 5 (Any aile3i[f t�,!gklj ures appear on page 3i (FOR IINFORNIATtON ONLY—Narne. Address and Telephnne) s ;'hkljff}]► a `3 AGENT or BROKER: OWNER'S REPRESENIAFIVE. tArChitc[t, E�if�llfiLalS+pr srEt CFR ASSOCIATE,-,. 1,40. other partv): 719 CARDSN STREET TITUSVILLE, I:L 32796 407--267-0551 AIA nn UMINr AHA.�or,i— In4 4D r 1 ion' Contractor and the MpiOv. 1;oio0v and ?ev(�ralh hind themselves. their heirs, executors. adnnni%irators ° +uccessorti and assit!_ns to the Ovvuvr tnr Ilte perltlrmainl t, of She Conslrutlo n ( ontract. whrs'h i4 mi nrl)orated hervin by ret e ten e. t 2 II the ( Irriirattol t)erroFms the (..nllslru( join ( onlratI the Suret, and the C Unlratlllr shall h,lvt' 110 111)1114311011 under This lion[]. ev(epl to parllcipate in t oolerenr es ,I - provided in ?uhparatuaph 3.1. 3 11 there r, no Ownttr 0elault. tilt= Surely s 111014,111011 under this Bond shall arise alley: 3.1 The Owner has nohlied the (:orltratlot and the• Surety at its address de5CFIbe(l In 1laraLUJI)h II) hellAv Thal the Owner is considering decl,inne a ( onlra(lor Detaull and has requested and attempted In arrange a conference wilh the C:onlrattor and tho surety it, Ito held not tater than tmeen days aner retelpt III su(It notice to discuss methods of perlorming the C:onslrut - lion Contract. If the Owner. Ihe Contractor and the Surely agree, tilt, Contractor shall be allowed a reason- able time to pertnrrrt the Construction Contract, but such an agreement shall not waive the Owners rn;ht. it any, subsequently to declare a Contractor Default: and 3.2 The Owner has declared a Contractor Default anti formaliv terminated the Coniraclor's right In ( otnplete the contract. Such Contractor Default shall nml be de- clared earlier than twenty days atter the Contractor and the Suretv have received notice a'. provided in Sub- paragraph 3.1; and 3.3 The Owner has agreed to pay [he Balance a1 the Contract Price to the Surety in accordance with lilt,- terms heterms of the Construction Contract or to a contractor selected to perforin the Cunstructlon Conlra(t in accor- dance with the terms of the contract with the Owner - 4 When the Owner has satisfied the conditolns o1 Para- graph i. The Surety �,haii promptly and at the MUM" e,- pense take one of the following achons: 4.1 Arrange olr the Contractor, with tnrl,erll III tho Owner, to penorm and complete the COFISIFLIttl0o Contrarl; or 4.2 Undertake to pertorm and complete IhVk_L)nSlrnt- hon Contract itself. through its agents or through inde-pendent contractors: or �. 4.3 Obtain bids or negotiated propos-lk Irom qualified contractors acceplabfe to it)(,(hvner ror .1 contract for performance and complet:oo or Ihe Curl - 1+ struchon Contract, arrange lot i contract to he pre-. Il pared for execution by Ihe Owner and the contractor selected with the Owner s cnncurrent'l., to he set ured with nerklnnance and pavrrlent ponds vxeruted lir a quad+lied Suretv equivalent m 1111. hon(h Issued ort [he construction Contract. in(] pal• to We Owner lilt' arnount of (]anlages as describl.d in t',tragraph 11 to 141• ceps to Ihe 13.11.111c I. ar Ihe Cun4ract PTit e int orad he iIw Own, resuhing Irom the Contractors rlelatdl: 41 k 4.4 Wmvv 0, right to perloun and torlopleh•. ittalwv fur complMion, or oblatn ,I new runlractor anti %%iIli reasonahte promptness under the (Ir(unlstantes: -1 Alter htvesllgahon. determine Ihe arnotoll for %viltt'h it rnjv tip Il.lt'1le tri tit- I)vvner and. as .00n as ora(ucahli• aver Ihe amount iN deter- ololvd. t "icier pd%inufrt rtleretor to the Owner; ur .2 Dl-Ily hahlhh III v%hote 0r In daft and nahty the Owner I.nln14 Fea,on, rherernr. a h the ?l1rL'ty' dlli`s r11111TIn[ I'Pll as prnvult-ti ut Paragraph yvdtt re3snn,tl)Ie prumplrll.,s. Iht• Suretv shall he deemed rn t)c In detauh t)n this limed nnl.en clays atter re('elpt t)r an additional wnitf n nrlllce tram Ilse Owner to the Surely demanding that Ihe ` ireiv penorm os ohlleations under this Bond. and the O(vner ,hall he entoleu Ili ernorce anv remedy a%ailabte ill tale (honer. It Ihe murvi% proceeds as provided In Subparagraph J. -I and the I)iner reluses Ihe pavme nl tendered or the SUrt-ly ha, (I(•nied hab lily. In whole or 111 paft, %vithout lurther notice Me Owner shall be 1111SlNed to t-nt(/r(e anv remedy available to the owner. 6 Aller the Owner [las tL•nnrnated the Contractor 5 right to complete the Construction Contracl. and it the Surety elects to act under r,ubparagraph 4.1, 4.2. or 4.3 above. Then the respopi0mlihes of the Suretv to the Owner shall not I)e greater than those 0i Ihr Conuactor under the Conslruciron Contract, and the responsibilities of the Owner to the Surely shall not be greater than those of the Owner under theConslruction Contracl. To the limit of the amount tit this Bnml. but subject to commitment by the Owner w Ihe Balance' of IN- Contract Price to niHigation of costs and damageson the Construction C nnlract, the Sure- tv Is ohtfgaled %vldtout duplication Irrr: 6,1 The responsibihhes of the Contractor lot correc- lfon of defeclivework and completion of the Construc- tion Contract; 6.2 Additional legal, design professional and delay costs resulting Irian the Contractor's Default, and re- sulting Irom the 100115 of iaiture to act of the Surety under Paragraph •1; and 6.3 11(luldateti dlnla(;es, or it no liquidated damages ,Ire specined in the Curutru(n(al t.ortlrat f. actual dam- ages caused by delayed perrnrmame or non-pertor- mance of the C.onlra('tor. i -1 he titrrt•h• %hall not he Irahle to the Oi tier or whers for iibligahon, til lilt- Cant rat for I[wl ,irk- uorrfaled it) the Con- ,truction Con tracII ,o(I lilt• B,ilankr of the Contract Price ,Rall not he reduced tri ,el un nn att(tool tot any such unreimed obligations. No oght of as Iron shall accrue on this Bund to anv person tit t,nhty odu•r Than the Owner or Its heirs, executors, ,ldrnin l,t(alllrs or ,ill censors, 8 the Surely herehv waive% tiollce of am I hange, includ- ing chanl;es 111 tone, to The CoFISIRA lion Contract or to related subcontracts. purchase orders and other obliga- tions. .1 Anv proct-e(Ih14. Ivg;al or equdable under this Bond may lie utslltuled In anv ( ourt of (ompelrnl lunsdicfiun In till. Int anon mwhl( IT ihr umrk or pari ml Ihe work 1, located an(! shall be irl,toutetl i•nhul hvu year, inur Contractor Itetault nr %vilhln tun %v,ir, and l' lilt, ( ,mlr.ulor ceased ,lurkrn14oi within hyo yi%o iltvi the,wrrr uctusersor lath to pt•rrnrnl its obligations under than Bond. whichever oc- curs IIF?I. II Ihe provisions of till, T'ar,lgraph are void of prnhihtled by law the numnunn period of limbahan avail. Li rr able to sureties as a defense in the jurisdiction of the suit shall be applicable. 10 Notice to the Surety. the Owner or[he Contraclorshall be mailed or delivered it) the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with .t statutory or other legal requirement in the location where the construction was to beperrorined, any prove ion in lits Bond conflicting with said statutory or legal requirement shall be deemed deleted hereirom and provisions con- forming to such statutory or other legal requirement _shall be deemed incorporated herein. The intent rs that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Frlce; The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjusunealts have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS - tractor of any antounls received or to be received by Ilse Owner ,n W111ement 01 insurance or other claims for damages to which the Contractor is entitled, re- duced by all valid and proper payments made to or an behalf of the Contractor under the Construction Con- tract. 12.2 Construction Conlracl; Theagreemeni between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which 11as neither been remedied nor waived, to per• form or otherwise to compiv with the terms of file Construction Contract. 12,4 Owner Default: Failureol the Owner• which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for addilional signatures of added parties, other than (hose appearing 011 the Cover page•1 CONTRACTOR AS PRINCIPAL SLIRFTY Company: P y: tCOrlfnlratC• Seal} 4:onlpany: (Corporate Scall i Signature: Signature•: Name and Title; - { Address: Na111r=and Tile: 1dclrt•�s: AIA 1)nCl1M€NT Ali.- PIRF(JRl, ,,..� 'r+err 4. ri r.1,. •, ...p ia� - - ----�� .in „i I• .r ...i 11. ,e_.. �h. 't', tll�, f.i l]'R In . ...4 , .:4 .�. —. �._.1 �74'1e 1. BUA [--A 7 THE AMERICAN INSTITUTE OF ARCHITECTS J.K. AIA Document A312 Payment Bond Any singular reverence to Contractor, Surety, Owner or other party shat( he considered plural where applicable. CONTRACTOR !Name, and Addressl: SURETY (Name and Principal Place of Busineso- DRIVEWAYS, INC. XRRCOANTS BONDING COMPANY 3300 EOE&I LANE FO DOR 26720 TITUSVILLE, FL 32780 AUSTIN, TEXAS OWNER (Name and Address!: INDIAN RIVER COUNTY 1708 21ST STREET VERO BEACH, FL CONSTRUCTION CONTRACT Date: Amount: FORTY TDOUSAHD NINE HUNDRED FORTY EIGHT DOLLARS AND 94/100 Description (Name and Location): CBERRYFIOOD ESTATES BOND Date (Not earlier than Construction Contract Dalel' Amount: $40,948.94 ModlflCalIOD5 to this Bond: L7>:None CONTRACTOR AS PRINCIPAL SURETY Company.* lCorporate Seal) Company: DRIVEWAYS, INC. MERCHANTS BONDING COMPANY Signature:^ "�^-- 5ignatum; Name and Title: EDWIN E- UPvJxEGROvk Name and Title: EARL Si CE PRESIDENT ATTORNEY -IN (Any additional skbnatures appear on page 6) I ! (FOR INFORMATION ONLY—Narrie, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Arch SPENCER. & ASSOCIATES, INC, other party); 719 GARDEN STREET TITUSVILLE, FL 32796 407--267.0551. AIA 00r1JMtN1 A9r2 • vrRr(ov%v',.i.Iit'!tin ai) t':t r'�+r rJr rtn•�n, iu.t t.s4�u=*•u/� 111 AtA " 0 See Page 6 n e CJ E�] 1 The Contractor and the Surety, jointly and severally. bind themselves, their heirs, executors, administrators. successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the pertor- mance of the Construction Contract, which is incorpo• rated herein by reference. 2 with respect to the Owner, this obligation shall be l null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all stints due Claimants. and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- nished for use in the performance of the Construction Contract provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, deman& liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety fat the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Con- tractor and sent a copy, or notice thereof, to the Owner, within 9D days after having last perforrned labor or last furnished matertah or equipment included in the claim stating, with substantial accuracy, the amount of the claira and the name of the party to whom lite materials were furnishers or supplied or for whom the labor was done or performs -d. and .2 Have either received a rejection in whole or in part from the Contrac lot. in not received within Jo days of furnishing the above no.- tire aetire any communication from the Contractor t ` by which the Contractor has indicated the claim will be. paid directly or indirectly; and .3 Not having been paid within the above .30 days, have sent a written notice it) the Surety (at the address described in Paragraph 121 and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing st copy of the previous written notice furnished to thc� Contractor S If a notice required by Paragraph 4 is given by the I Owner to the Contractor or to the Surety, that is suffi- Y_ dent compliance. 6 When the [ iaimant has satisfied the conditions of Paragraph .1.. the Surety shall promptly and at the Suretv's expense take the tollowing actions 6.1 Send an answer to the Claimant. with it copy to the Owner, within Ori days after receipt of the claim, +tating the amounts Ihat are undisputed anti the basis for challenging any amounts that dry disputed 6.2 Pay or arrange for payment of any undisputed amount". T The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this liond shall be credited for any payments made in good faith by the Surety 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the perfor- mance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor In the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond. subject to the Owner's prior- ity to use the funds for the completion of the work 9 The Surety shall not be liable to the Owner. Claimants or others for obligations of the Contractor that are unrelat- ed to Ilse Construction Contract The Owner shall not he liable for payment of any costs or expenses of any Claim- ant under this Bond, and shall have under this Bond noobli- gations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court oI Competent tuns - diction in the location In which Idle work or part of the work is located or after the expnatton of one year from the date 01 on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4 2 :3, or (2) on which the last labor or service was performcacs by anyone or the last matte rials or uqutpment were lurnished by anyone under theCon- structlon Contra( I, whichever of (1) or (2) first occurs. It thtr provisions of this Paragrafth are void or prohibited by law, the minimum period of limitation availahhe to sureties as a. defense in the jurisdiction of the suit shall be applicable 41A OW I. NUN I •1!12.1'1 N�rlR,v .rlr a .. � � r.�l•.hi 12 Notice to the. Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. At dual receipt of notice by Surety, the Owner or the Contrat lot, however accomplisl-1. shall be sufficient comphance as of the date received at the address shown on the signature page 13 When this Bond has beers furnished to compky % ith ai statutory or other legal requirement In the location wnere the c:onstruciton wds to be periormed, anv provision in this Bond ;.onfhcting with said statutory or legal requnerinent shall he deemed deleted herefrom and provisions con• farming to such statutory or other legal requirement shall he deemed Incorporated herein The intent is that this 40 40 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request byanypersonorentityappearingtobea potential beneficiary of this Bond, the Contractor shall promptly furnish a capyof this Bond or shall permit a copv to be made. 15 DEFINITIONS 15.1 Claimant; An individual or entity havnga direct contract with the Contractor orwith a subcontractor of the Contractor to furnish labor, materials or equip- ment for use in the performance of the Contract. The intent of this Bond shall be to include without limita- tion in the Terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: Construction Contract. architectural and engineering services required for pertormance of the work of the Conlractor and the Contractor's subcontractors, and all other nems for which a mechanic's lien may be asserted in the jurisdiction ~where tate labor, materials or equipment were Frtrnished, 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the sig- nature page, including all Contract Documents and changes thereto. 15.3 Owner Defauh: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or complywith the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Scala Signature: — Name and Title: Address: Signature: — Name and Title: Address: AIA DOCUMENI A312 • t'kRI UP'SANC 111 % l 4N I) IrAYMPI1 14, -1) • 1W (%%I I r: ` •I a 10 'N') " A917.1991 Ii r" • ,;TATE OF FLORIDA INDIAN RIVER COUPnY "RUE 'INDOCO ECT COPY THE `RIrINALON FILA, INTHISOFFICE. J,IL. BARTdN ®Y DEPUTY CL.EM RATE Merchants Bonding Company (yiLrr'U y I.) POWER OF ATTORNEY Know AN Men By These Presama, that Ute MERCHANTS BONDING COMPANY IMUTUAL}, a corporation duty organized under me lawn of the Slate of lawn, and haY ng its principal office in the City of Das Memo n, County or Polk, Slate of Iowa, hath made, consldulud and appotmed, and does by these prosonlsmake, constitute and appomi Earl Spencer, Jr. or F. Gregory Spencer of Titusville and Slaleof Florida Is Iruo and lawful Ahomey-lrt•FGCL with Nil power and aulhonry naraby wnfs'red In its name, plaza and stand, to sign, axocute. acknowledge and deliver in ds banalf as Surety any and all bones, undertakings, facogniTantes or other vmpan ooligations in ma nature tnaraol_ SUbI60 to Ing Eimltatien that any such Inslmmonf shall not oxcarra Ne amount of! OND MIUMN DCLLARS ($1,000,M10.00) and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as lulty and to ilia same exlanl as if such bond or undartakirg was 5rgmal by the duty authorized apicers of One MERCHANT'S BONOING COMPANY IMUTUAL), aria all such acts of said Atiomayin-Fact, pursuant to the aulhmtty herein grvan, are hereby ratified and rwnrirmed. This Fowar-of•AhOmay Is made and exatutad pursuant To and by auVWriry or the 1plloY ng Amended Sut]swad and Ra stated BY -Lam adopled by the Boars! of Oi(OCIMS of the MERCHANTS BONDING COMPANY IM UTUAL) on October 3, 1992. ARTICLE II, SECTION B. — The Chairman of the Board or Praaidam or thy Vlze Praaidontdr Secretary shall have power and aufto ety to appoint Anorneys,m. Fact, antl to aulnonze them to execute on behall o1 Ina Company.. and attach the Seal of the Company )hereto, bonds and undertakings, lecogmzances, conliascs dl Indemnity and other Wfltihgs obllgatwy in ilia nature Ihe'oof. ARTICLE 11. SECTION 9, — The sig,naMa of any aulherized oHber avid Ine Seal of the Company may be atNxed by facsimile N any Power of Aftamey or CohiNcalion thoreot aulhanzing the execution and delivery of any bond. undertaking, recognizance, w other suretyship obtigellane of the Company, and Such aognatura and goal when So used mall havo me same !Oros and afloy as though manually fixed. In Winona Wherad, MERCHANTS BONOING COMPANY (Mutual) has caused ihe5a presents to be signed b its PrasieBnt ahtl its co Torino Baal to be noreto 41JUtd. this 2nd day of December , 19 q MERCHANTS BONDING COMPANY (MUTUAL) moo; oAPQy" .•► to :yat 1433 C3.*+ By 1A`7 STATE OF IOWA COUNTY OP POLK ss ...... On this 2nd day of DecieSt er . 1997 bMoro me appeared LarryTaylor, tome personally known, who bang by me duly sworn did say that he is President at Ute MERCHANTS BONDING COMPANY IMUTUAQ, the corporation described in the foregoing instrument, and that the Seal affixed to the said insimmenl is Ine Comorata Seal of bre acid Corporation and that me said instrument was signal and s.baled in behalf of said Corporation by authenry of its Saard of Olfectors. In Tesl"rmony Whareot, I have hereumo Sol my hand and allixed my Official Seal at the City of DO$ Moines, Iowa. the day God year first abova wnnan. •` IC 2 • Narary Pub.W. POfk Counry, fours IOWA y i, My Commission a.''••....• 'v )Expires 2-19-98 STATE OF IOVJA . 'gAI AC COUNTY(tc FOLK is ,,,", 1, Wililam Wilma,, Jr., Secretary of tin MERCHANTS BONDING COMPANY IMOTUALI, do hereby Caddy that Ilia above and Imegaing l� is a true and Correct ca ry of Ina POWER•OF-ATTORNEY, axaculeu by sad MERCHANTS 130NOING COMPANY (MUTUALI, which is SMI in force and adecl. In Wdnoss Wharoor. t have horeuma set my hand and affixod the Seal OI ma Company on this day at tg.. V,A •. rr.. uu'k•r ' j'� 1933 p��. i► • =-M—a This document has important legal consequences: consultation with an attorney is encouraged with restrect to its combletion or modification. STANDL+-RA GENERAL CONDTIZONS OF THE CONSTRUCTION CONMACT Prepared by Engineers Joint Contract Documents Committee and Issued and Published Jointly By / i'y,i14['kr 77' p A 7/ K � Coo",% , AM soctM or CM rWKCErls ioulow faftt i PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A prartice division or the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE i This document has been approved and endorsed by The Associated GCneral CAnuactors of America 4 . These General Conditions have been prepared Far use with the 0wncwCont7actor Agreements (No. 1910 -A -I or 19104-A-21(1994 Edidons1. Their provisions an inecrrelated and a change in one MY necessittue n change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engit.:ering Servim and Contract Documents lNo. 1910-9)(1986 Editioni, For guidance in thepreparation or Supplementary Conditions. see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1M Edition). When bidding is invol-d. the Standard r'vrrn of instnictions to Bidder, (No. 1910-i2) (1990 Editianl maY 1l-' --` F-1 4111111111 -TABLE OF CONTENTS OF GENERAL CONDMONS Amick or paragraph N"mbrr & Tilde I DEFINITIONS ................................... 1.1 Addenda ............................. 1.2 Agreement ..................... -.. 13 Application for Nyintnt ... I .......... 1.4 Asbc4tos ............................. 1.5 Bid .................................. 1.6 Bidding Documents .............••..,. 1.7 Bidding Requirements .............. 1.8 Bonds .............................. 1.9 Cluarig, Omer ........................ 1.10 Contract Documents ............... *- 1.11 Cow= Pace ........................ 1.16 ConUWA Timcs ....................... 1.13 CONTRACIOR ................... - 1.14 defecrive ..................I-......1 1.15 Drawings ........................ **'*' 1.16 r-,ffccEivc Date of the AprtemW ...... 1.17 ENGINEER .......................... 1.18 rNGLNrER's Consultant 4....I....... 1.19 Field Order ..................... 4" - - - 1.70 General Requirements ............. 1.21 Hazardous Waste ................ 1.22 Laws and Rco.ajiam' Laws or Regulations ........................ 1.23 Liens. ................................. 1.24 Milestone ................... 1.25 Notice of Award ............ 1.76 Notice to Proceed .................... 1.227 OWNER ............................. 1.28 [jaw utilization ..................... 1.29 PCBS ...................... *1 ... ­­' 1-30 Petroleum .....4 .............. 1.31 Project .................. -1-1111", 132 Radioactive Mwrt* ..............4"- .............4"-1.33 i33 Rcsidznt project RCV--=Vc ....... 1.34 Samples .............................. 1.35 Shop Dravrinp ..................... 1.36 m6om ......................... spccw- 1.37 subconts-Actor ........4 ............... 4.36 Sub,,ZraiAj CQ, L,LPk-____r. ,•............. 1139 Stipptenventary Cjmditicnl ............ 1.40 Supplier .......4 ................ 1.41 Underground Rcifitics ................ 1.42 Unit price Work ..........4........... 1.43 work .... -4.1 ...... 4 .... *1­11*111' I." Work GungeDirt:Clivr ............... 1.0 Written Amendment .................. PRF-UMtNA-KY MATTVRS ........... 2A Delivery of 13(muh ...4 ...... 2-2 Copies of Docu=nu ................. 2.3 Commencesmnt of CQRUUA Times: Notice to Proceed 1............41 ' 2.4 Starting the Work ..................... A flicie of PW49W Number & Title - Licensed Sureties and ImsUrCM. Before Starting Coasuijcdon. 5.4 CoNTRACTOR76 Rciponsibility to 5.5 Report: Prujimin2ry Schedules; 5.6 NJ i very of Ctrd(IC21CS Of 1.7 It1su rarice ........................ 2.8 .......- preeonstruction COnferenct ........1 +,9 1.9 LjLi,1ly Acceptable Schedules ......... 1. CONTRACT DOC U M ENTI ; I 11TENT. AMENDING. REUSE . ............................ 3.1-3.2 3.3 Intent ......................... Reference to Standards and Other SpcCill Ins'Jr2nee ............... Sp,dfo=jo5vs ofTechnittal SocittieV Waiver of Rights ..............••-• Reporting End Re -solving Discrep,amies ..................... Intent of Certain Terms or Ad3cctiycs .. 1.4 3,5 Amending Conu=t Documents ....... 3.6 Supplementing Contract Documents 3,7 Reuse of Docun . ..............1111 nt$ A. AVAlijgILJ-I'y OF LANDS. suBSURFACE AND P,YSICALCO14DMor4S-.REFE-RENCr-POIN-r5. 4.1 Availability or Lands .................. 4.2 Subsurface and Physical Conditions .. - 2.1 Reports ouid. Drawings ................ Ljmitcd Relimcc by CONTRAZTOR 4-2-2 Authorized'. Technical Data ......... 4.23 Notice or Differing sLijtnurf- or physical Conditions .............1111 4.2.4 4.2.5 ENGINEER'S Revic . ................ possible Contract Docuflicnts Chaft9c 4.7.6 possible Price and Tunes Adjustments 4.3 phyjjcW Conditions U ndeqmund r-Acilides............... * ........ 4.3.1 shown or Indicated .................. 4.3.2 Not shown or Indicated ........ * *,,,, AA 4.5 Refcret= points ................... - Asbestos. pCB5. Pctr0tUM- Hazardous Waste or Radioactive Material ...... .................. P"f,... P -y -M -0 Do- I 5.3 - Licensed Sureties and ImsUrCM. ccnify_-Js of Insm-11,CC .......... 5.4 CoKrKAj7MRs Lbbiliy instuanco 5.5 OWNER'S 13jtnjity Inslur-U= ...... 5.6 pmpcmy insurance ................... Machinery or AddiiioW 1.7 Boller and Property ttts-ancl- - - , * ............. 5.8 JSaticn 1111. 'bllky for Popons, r'.9 CONTRACTOWS DcducdbIC Amounts ................ 5.10 Other SpcCill Ins'Jr2nee ............... 5111 Waiver of Rights ..............••-• 10 LV .4 Article or ParagraPlr Number & 710r 5.12.5.13 Receipt and Application of Insurance Proceeds ........................... 5.14 ACM=ce of Bonds and Insurance'. Option to Replace ................. $.15 par" lltihration-PropettY 111surance ........................ CON:'RACrOR-S RES PONS 113 1 1-1-l"ES .......... 6. 6.1.6.2 Supervision and Superintendence ...... 6.3-6.5 Lalon Materials and E.rlutpment ...... 6.6 pmmss Schedule .................... Substitutes and "Or•Fqua1" items' 6.7 CONTR,& OR`s Expense: Irmitaaions on.OWNER's Substitute Construction Responsibilities ..•............ Asbcslos. PCBS, Petroleum. IlazArdous Methods or Procedures'. Waste or Rsdimctivc Material ...... CNGINFEWS Eva3ua6on .......... Evidence of Pitwata al Arrangements .. Concemin8 SubWrtu-A rs. Suppliers CONSTIIUCTION ............give......•.., and Others. Vruver of Rights ....... 6.13 ... ... •. Patent Fccs and Royalties .............. 6.13 6.14 Permits ............................... Laws and Regttiations ................ Project Represcnulivc ................ 9.4 6.16 Use of Presnises ...................... 6.17 .............. Site Cleanliness....................... 6.48 Safe Structural L.oadinp ............... 6.19 Record Documents ................... 6.20 Safety and Protection ................. 6.21 Safety Representativc ................. 6.7-1Harard Communication Profffls=. 6.73 6.74 Emergencies ............. ........... Shop Drawings and Sarnplcs ........•. 6.25 Submittal Praccdures; Col, R TOR's Review Prior to Shop Drawing or Simple Submittal 6.26 Sloop Drawinr R Sample Subtnitvls Review by ENGINEER ............ 6.27 Responsibility for Variatim From Commm Documents ................ 6.28 itelaLed 'Work Ptrformed Prior to ENG INEER's Review and Approval of Re<1utrrd SIivxrdLWS ............. . . wu� t. ....... MNIRAC OR's C,enc al 6.30 Warranty and Guarantee ............ 6.31-633 lndcmnif[cation ....................... 6.31 Survival of Obiigaticans ................ 7. OTHER WORK ............................. . 7.1-7.3 ReWork at SItc ............... ..: lated 7.4 CooWination 8. OWNE%'S RESI'OL:SiglLf'L'fES ................. 8.1 Cotomuaications. to Contractor ........ Z.2 . Replacement of ENGINEER .......... $ 3 Furnish DAM and Pay Promptly When Due . -..-- Land$ arid Easements. Reports and 8A ml ........ 8 t In� anc. .'............... Arrf[le or Paragraph Number S 77r1e 8,6 9,7 Changc Orders ......................, inspections. Testi and Appmvds ...... 8.8 Stop or Susaend Work: Tmnin= Work Not ICequired by Conuar-t CONTRAC`f'OR's Smk= ......... $.9 Irmitaaions on.OWNER's Change Orders Responsibilities ..•............ Asbcslos. PCBS, Petroleum. IlazArdous 8.14 Waste or Rsdimctivc Material ...... 8.11 Evidence of Pitwata al Arrangements .. 9. ENGINEER'S SYA'TUS DURING CONSTIIUCTION ............give......•.., 9.1 OWNER's Rep-- ........1... 9.2 Virlts in Site .......................... 9.3 Project Represcnulivc ................ 9.4 Clarifscadoos and lnurpfetations ...... 9.5 Autho ixed Variations in Work ........ 9.6Rejecting Defective. Work ............. Change Orders and 9.7-9.9 Shop Dr*wings. 9.10 Payinents .. ......... faetermiawions for Unit Prices ........ 9.tt•9.1: Decisions on Disputes: ENGINFxR as initial Intcrprcter ................... I lwions o 7.13 t^utlwntyand Rcspotuiburs ..... 10. CHANCES 10.1 OWNER ordered Change ............ 10.2 Claira for Adj'u - ment ................. 103 Work Not ICequired by Conuar-t Documents .....I ................... 10.4 Change Orders 10.5 Noufacation of Surety ................. 11. CHANGE OF CONTRACT PRICE .............. 11..1.11.3 Comraot Pike: Claim for Adjustment: Value or Che Work .................. 11.4 Cost of the Work .............. Exciusions to Cost or [lac Work ....... 11.5 11.6 CO1 TRAC•iOR's Fee ................ 11.7 Cost Records ........... ......... ""' 11.8 Cash Allowances ..................... 11.9 Unit Price Mork .............••....... CHANG EOFCONTRAUCT'1IMU-.S.............. 12. 12.1 Claim for Adjustment ................. l2 ,lune of the Essence ... ........... Beyond COICCRArw![+R's 17.3 Delays Control ... ........ Delays Beyond OWNE1t'a and 12.4 COIATRACTOR's Control ........ 13. TESTS AND iNSPECi ONS; CC)RnECrMON. REMOVAL OR ACCEF TANCE OF D1:rECMV E WORK.....................................• ... 13.1 Notice of Defects .............. 13.2 Access to the Work .............°. 13 3 Tests and irupertians'-Contra+ctoaS..... Cooperation ............... CI • iw Arblcte or PardgrcPh Number A 7ltlr sihslhics: 1'3.4 OWNER'S Respon 14.1 Ittdepettdent Tasdr4 Laoowory .... 13.5 CONTRACTOR -s Respowiwities ..... 13.6.13.7 Co%evingworit Prior to Inspection. 14.4.14.7 Tatirtg Of APR -%21 ................ 13.0.13.4 U Oovc ing ►Noris at ENGINEER'S 13.10 Rtx7u= ow?4FR May SwP the Waris ......... 13.11 Correction of Remora] of f Lgdvc 14.11 Work.. ...................... 13.12 Co .......WOlk 13.13 ........ o�od Arxcgn .... 13.14 OWNER May CorTCCt Dcfmivr Work......4 ........................ 14. pAXMCN-N M CONTRACTOR AND COMPLlEnON .....................I....... 14.1 Sehedubc of Values .................... 14.2 Applieuion far Pra¢ress Payment ..... 14.3 CONTRACTOW, Warranty of Title ... 14.4.14.7 Review of Agplications far proV= payments ................. 14.8-11.9 Substantial Compiction ............... 14.10 partial Uulimion ..................... 14.11 Final ltupection ...................... Article or Paralmph Number & Title 14.11 Final Applkzlion for Payment ......... 14.13.14.14 FuW Payment and Aeteptancc ........ 14.13 Waiver of Claims ..................... 15. SUSPENSION OF WORK AND `TZRM1NAT10N ................................ 15.1 OWNER auspctul Work ......... 15.2.15.4 OWNER May%aminate .............. is's CONTpjT-TOR May Stop Work or Tenlunuc.......................... 16. DISPUTE RESOLAY11ON ....................... 17. MISCEL.LANE01US ................... 17.1 Giving Notice ... ................... 17.2 17.3 Nodes ofCtaiat . .................. 17.4 Cumuwive Rcmedks ................ 17.5 Prvfesim1w Fees and Court Costs Indudad ........................... EXHIBI IT GC -A COPCIbradl: Uapvte Resolutitm Agreement (OPdOnall ..... GC -A1 16.1-16.6 mitration ...................: GC -A1 16.7 Mediatian ..................... GC -A2 i r INDEX TO GENERAL CONDITIONS Article Of PdrOMPh Number Asceptancc of - Bonds and lnsuFanc-c ...................... ......... 5.14 defective Woft ...................... 10.4.1. 13-0,11,15 final paymem................................. 9.12.1.4,14 insurance .......................•................... 5.14 other Work. by CONTRACTOR ...................... 7.3 Substitutes and "Or•Eettal" Items .................. 6.7.1 Work by O'W'NER ........................ 2.5.6.3D. 63 -- Access to the - lands, OWNER and CONTRAMR responsibilities.....................................4.1 site. related work....................................7 Worse . .................................. 13.'_. 13.14. 14.9 Acts or Omissions-. Aces and Omissions- CONTRAf MR ............................6.9.1.9.13.3 ENGINEER .............................•..6.2[5.9.13.3 OWNER ................................ 6 20, 8.9 Addenda --definition of Win see deftnition of 5pecifeaticnsY ........... (1.6. 6.10.6.191 1.1 Additional Property insurances ......................... 5.7 Adjustments Conn -aa Price or Contract Times ......... I.S. 3.5. 4.1. 4.3.2. 4.52. 4-5.3. 9.4.9 �. 10.2-10.4. 11. 12- 144 15.1 progress settcdule.................................... 6.6 reement- Agreement-definition of .......................................... I All risk Insurance. policy form ........................ 5.6."_ Allowances. Cash .....................................11.8 Anis (ding Conn= Documents ......................... 35 Amendment. Written - in gcneral .... 1.10. 1.45.35. S. M 5. 12, 6.6 1. 6.8.1. 6.19. 10, 1. 10.4. 112. 12.1. 13-12-2. 14.7.2. Appeal. OWNER or CONTRACTOR intent to ...................... 9.10.9.11. 90.4, 16.2. 16 Application for Paymens- defnition of .......................................... 1.3 ENGINEM's Responsibility .........................9.9 final payment .................. 9.13.4.9.13.5, 94.12-14.15 in general ....................... 2.8.2.9.5.6.4.9.10. 15.5 prup'css payment .............................. 14.1.14.7 review of ...................................... 14.4-14,7 Arbitration (OPIJOna] l ....... ..................... 16.1.16,6 Asbe$Eo$r - claims pursuant theretc, ....................... 4.5.2.4.5.3 CONTAACIOR authorized to stop Work 4.5 ,2 definition of ............. ............................ 1,4 OWNER rcipomitbility for .................... 45.1.8.10 possible price and times cltante . ........43? Authorvul Variations in Work ........... 3.6.6.25. 6.27. 9.5 Availability of lards ............................... 4.1.8.4 Award, Notice of--dcfmcd ........................ . I.'.-1` More Stanin8 Construction ........................."3 Y 8 Wd.--dcfrationof......................................13 :1.'..'..10 1_1,1.1..7e.+i.5.'S tt,4'1 11 o, 11 _ Ariicle or Paragraph NUMibC1 lliddin[, Documents --definition of ................ 1.6(6.8.2) (lidding Requirrrrtents-definitions of ...... 1.7 (1.1. 4.2.6.24 Ronds- acceptance of ....................................... 3.14 additional bands ........................... 195. 11.4.5.9 Cost of tite Work.... ............................... 11.5.4 definition ef.......................................... 1.8 detivcry of ..................................... 2.1. 5.1 final appiiaticn fur payment .. 14.12-14.14 gcnenl ...............1.10. 5.1-5.3.5.13.9. t 3.10.5. 14.7.6 performance. Payment and Other ................. 5.1-5.2 Bonds and Insurance -40 Fen. ........................ 5 Btiltder's, risk "all risk" policy form ................... 5.6 .2 Cancchition Pnovisiosu. Insurance ........ 5.4.11.. 5.8. 5.15 Cash Allowances ...................................... 11.8 Certificate of Substantial Completion ......... 1,38. 6.30.2.3. 14,8. 14.10 Ccnificasesoflnspecdon ................9.93.4.135.14.12 Certificates of Insurance ..2.1. 5.3.3.4.1 t. 5.4.13.5;6.5.3.8. ............... 5.14. 9.13.4. 14.12 Change in Contract Prize Cash Anowancts ...... .............. ...... 11.8 claim for price adjustment ..... 4.1.4.2.6. 4.5. 5.15. 6.8.2. 9.4. 9-5. 9. 11. 191.2. 10.5, 192. 13.9, 13.1.1-13.14, 13.1, 15.5 CONTR►9CTOR`s fee ............................... 11.6 Cast of the Work general ...................................... 11.4.11.7 Exclusions to ....................................... 91.5 CostRecords ....................................... 91.7 in general .............. 1.19. 1.44.9.1 t. 10,4.2. 19.4.3. 11 Lump Sum Pricing ................................ 11.3.2 ,Notification of Surety .............................. 105 Scope of ...................................•... 10.3-10.4 Testing and Inspectic.1. Uncovering tltr. Work ........ 13.9 Unit Price Work ........................ 11.9 Wuc of Work ...................................... 11.3 Change in Contract Time - Claim for times adjustment 9.4.9.5, 1.11, 50.2. 54.3, 11.1. is.9. is.is. 13.14, 14.7. 15.1. 15.5 Contractual Vane limits ............I ................. 122 Delays beyond CON7"1tAC- UR's conuol ............ 13.3 Delays b,:yond OWNER'S and CONTRACPO€t's con. trol.....,.................. 12.4 Noffiication of surety ................................10.5 Scope of change ............................... 10.3.10.4 Change Orders - Acceptance of Defective Work.............. ....... 13.I.t AmendingContract 1}=tments......................3.5 Caste Allowances ............................ 1 L Chante of Contract Price ......................... - 4 I Change of Contract Time, ............................ 12 Changes in the Work............................•••...10 CONTRACTOR's fee.': 1 IA Fort of ICy Woe ... ................. 11.4-11.7 40 4D Arlicle Or Paragraph Number ' _~___^,--_nJ c��n�mos,~..--~~'-'~ .�m o���wor~._~_._~~._.,__.__.~. -aM ocdc� Ofm=hnical moci*y. arpn� -execution -....................... 6x66.31.*.33 °"""~. R=WW10tV - ^ ................. ~~~~-~-and - --... uwdcrp,x*idecilmcs ................. 4.3.2 ,... ,- 4.3z xep�owp""�M--~'-'^--^^~^- ._wxn OWNER's and 0.2 Claims - 6.32 Price � -..-.-_-_-'12.1_ Cba of contract �r�*�m�m�m�uM��� ~~^--'-- ILI.wum.1.m.5. 17.3 11.6 13.9.13.13.13-14-17.3 .. -^-cEt ----- --_~-'»4»o�nu/ ^ �="°~~o~�-'----- c»°mSkc -'-~--^~-^-_r ~__~---wv � �of3-3-3*=x�wa�.'-~__~~.~_,,,_~'__. «�rm*"*=°cM'x�"vp�7�ns .......... Article article or Paragraph Number m-"ral.................................... ujzumCbmo"*u=um,pnwrmm ................... 6M ompletion- -mnaj m~pqnm��....-.~_..~-IAu - ^^n �nmuwe�uw. ..---~.---._~._~--. mnLj Psyntwt vW*cccPml— 14.13-14.14 Conferences— AmVerding 5.1 5.3 Reference to sLvgiaru and Specificuiord 33 Vatialkwa 3.6. 6.23.6-27 contract Price- a.��1��mu.ouw�� c*"vac'T^*— adjustmCot of~._~~.~.��w.v�.m�.m ~'~~',__._,_,.__^..mu�x� ��~.~-.--.._ 40 41D Article of ParORMPIP Number 2.-, Commenc,cuitnt Of ........ * ... *11- .............. 1. t'a dtfinifigA Of ................... CONTRACTOR- Ac=p=cc of Lnsu=cc ........................».5.14 Limited Rel Wite on -fcthniczl Dots Aukhodud ...... 1,2-2 Cummutticatioas6.2. &9-Z Continue Wort ................................ 6.29. 10.4 coordination and zchcdutinF ......................... de(mition of ....................................... .............. May STOP Wort or Perminatc ......... provide site access 10 Other" .................... 7.2. 13-2 Sdt%Y and prottvion ....... 4.3.1.2. 6.16, 6.18. 6.2"23. 7.2, 13.2 Shop Drawing and Simple Review prior to Subrii!TW . 6.25 Stop work requirements ........................... k� CONTRACMP'l- Compensation. .................................. 1.2 Continuing 0bliption ­ ........................... 14.15 Defective Work .......................... 9.6. 1110-13-14 Duty to coned defective Wort ..................... 13.11 Duty to Report -- Changes in the Work caused by Emergency ........................ .. : ...... .............. •6ZI Dc rec" in %Vork of 0 Lh c rs ...................... 73 DiffcTin conditions ............................. * 4.13 Discrepancy in Documents ........... M. 3.3.2. 6.14 -� Underground Facilities not indicated .............. 43.P ............................ 6.il Ernermcies ............ Equipment and Machinery RenW - Cost 11.45.3of (tic Wark ........................... * ....... rce-Cost-Pius ..................... 11.4-5.6. 11.5.1. 11.6 General Warranty and Gusuaint . .................... 6.30 11a=d CommurticItion. PrOTraIRS ................... 6-2-' Indemnification ...................... 6.12.6.16.6.31-6.51 Inspection of the Werk ........................ 7.3. 13.4. Labor. Materials and Equipment .................. 63-" Laws and Regulations. Compliance by.............6.14.1 LlaimlityInsurance ................................... 3.4 Notice of , In=( to Appeal ..................... 9.10.10.4 ObUgatjort to perform, and complete the Work ........630 � �reri T'r and Rova.1tics, oald for by ............... 6.1: Perfol mince and oihcr BOIXIS ........................ 5.1 pmutits, obtained and paid for by .................... 6.13 progress,Schodulc ..... 2.6.1.8.? 9. 6,6, 6-n, 10-4. 15 -1.1 R"UMSE far formal decision an di-sptnts ............. 9.11 Rcq)On5'bifidc'­- Cbamcs in the Wort .............................. 10.1 ConcpmingSubz*ntr=crs.SuPPlicnRnd 0thcFs_6 . 8 6.11 Continti'mr the Work .................... 6_29. 1-0.4 CONTRACTOR'S expense .............. ........ 6.7.1 Co"t/CTOR's GencraJ Warranty and Guaran- tee.................. : ....................... 6.30 CONTKACTOWS mvicw p nor COS11opDrawringor Sarn• pic submittal ..................................... 6", Coordination of Work .............................. 6.9 , 2 EmerSACkS 623 LtIGINEEW& twlua6ou. 5C,011LUIC Article Or POFORraPh NHMbCf For Acts and Omissions or Others . ..... 6.9.1-6,9.2. 9.13 (or deductible amounts. inst-11-311cc .................. 5-9 rcricral 6.7.2.1.3, 8.9 Hazardous Communication Programs ............. 6.:_' Indemnification .............................. 6.11-6.33 Labor. Materials and Equipment ................6.3.65 Laws and RW[Uions ............................ 6.14 Uability Insurance ................................. 5.4 Notice of variation from Conuacl Documents ... - - C 7 Patent Fres and ROY216cs ........................ 6.12 Permits ............................................ 6.1 t Progress Schedule ................................. 6.6 Record Documents ............................... 6.19 retated Wort performed prior to ENGINEER'S approval of required submituts ................ 6.28 sale structural loading ............................ 6.18 Wety and Protection ........... I ... I ... 6.20.7:_', 13.2 Safety RtpM_ScWXLiVC ............................. 6.21 Scheduling the Work ............................. 6.9�2 SIM)Drawings and Samples .......I .............. 6.24 Shop Dfawinos and SaMpteS ReVitMr .6.26 by ENGINEER ............ ................... 6.17 Site Clcanlincf�& ................................... Submittal Procedures .............. .............. 6.25 Substitute Construction Methods and proiced u res .......................... ....... 6.7.2 Substitute$ and "Ot-Equal" Itca's ................ 6.7.1 Superintendence ............................. ­­ 6.2 Supervisimn ....................................... 6.1 Survival of Obligations' ......................... . - - 6.34 Taxes ............................................ 6.15 Tests and Inspections ............................. 13.5 ToReport ......................................... 2.5 Use or Premises .................... 6.16-6.18.6.30.2.4 Review Prior to Shop Drawing Or Sample Submittal .- 6.`'_5 rufflit to adjastmetit for changes in tl1c Work ......... 102 right to claim .. 4.7.1, 9.4.9.5.9.11. 10.2. 11.2. 11.9. 12.1. 13.9.14.2.15.1. 15.5, 173 Safety XW Protection ................. 6.2G-6_11 7.2. 13.2 5 SaLfcty Representative ..........................( .21 ..... Shop Drawings and Samples SubmlaWs ......... 6.24-6.28 I I A -A Substitute Construction Methods rood Procedures .... 'fj"' Suhslitut,r.s and "'Or -,Equal"" Items. Expense .. 63.1. 6.7.1 Subcontractors. Suppliers and Others ............ 6.8-C11 Super-vi,sion and Supcin,cndt= ........... 6, 1. 6.2. 6.2t Taxes. pAritenk by .................................. 6.15 Use of premises ... ............................ 6.16$.1$ Warranties and ptarantecs ...................... 6.3,;0, 6.5 Warranty of Title ..................... 143 written k4atice Rtquiitd- CONTRACIOR stop Work or 1crinill2tc ........... Rc9orts of Differing Subsurface and Physical Condi- tions ........... ....... ...................... .. 14.8 Substantial Completion ......................... 7 CONTRACTORS--ollici . ............................... Contractual Liability Insurance ......... .... 5.4.10 : . .. ....... lz�2 rontractuil Time Limits ........I......«............ ....... I ...... r til r 4�, Arline or Parasruph Number CONTR v,CMR's responsibility .................... 6.9.2 Copies of Documents .................................. ?._ Correction Period ........................ 13.12 Correction. Removal or Acceptance mf Defective Wort: in general ......1 4 ................... 10.4.1. 13.10.13.14 Acceptance of Dcfcetivc Wmrk ..................... 13,13 Correction or Removal of DefttYive 1iAKk ..... 630. 13.11 Correction Period .................................. 13.12 OWNER May Correct Dafettive Wmrk ............. 13.14 OWNER May Ston Waff:.......................... 13.10 Cost- 13.4 e Tests and Inspections ............................. . 11.7 cost.fheWork- Bonds ............... Bands aid insurance, additional .......:......... 11.4.5.9 Cash Discounts .................................. 11.4.2 CONTRACIDR's Fcc ............................. 11.6 Employee Expenses ............ I ............ I... 11.4.5.1 Exclusians to S General . ................... 11.4.115 Home office and overhead expenses ................. 11.5 Losers and damages ............................. 11.4.5.6 Maicrutds and equipment .......................... 14.4.2. Minor expenses ............... .......... I....... 11.4.5,8 Payroll cont on changes .......................... 11.4.1 performed by Subcontractors ...................... 11.4.3 Records ........... ............................... 11.7 , Rentals of construction equipment and machinery . 11.4.5.3 Royai(y psymcnEs. pantsts and license fees ...... 11.455 Site office and temporary' frca'litics ............ 11.4,5-2 Spocial Consultants. CONT'RAMR's ............11.4.4 . Su p plemenul ............ I I.4 S Taxes related to the Work ....................... 11,4.5.+6 Tests and Inspection ................................ 13.4 Trade DiseoutiLs .................................. I1.4 2 U011nes. fuel and saMwy facilities ............... 11.4.5.7 Work after regular hours .......................... It.4.1 CoveringWork...................................13.6.13.7 1111. Cuotulative Remedies ....................... 17.4-17.5 Cutting. fitting and paidiing ............................ 7.2 Dam to be firivshcd by OWNER ...................... 8.3 wy-definition of ................................... I7.� e Decision an Disputes ................I.........19.11.9.12 Wcetive-defuvtion of ................................ 1.14 defocuve Work- Acceptanca of ..............................10.4.1. DA3 Coirecaan or Removal of ................... 40.4. t. 13.11 Corroetion Period .................................. 13.1, in general .... ....................,....... 13. 14.7`14.11 OhscmWn by ENGINEER ..........- .. 9-2 OWNER May Sump Work, .......................... 13.10 Prompt Notice of Defects ........................... 13.1 Rejerdng............................................ 9.6 uncovering the Work ............................... 13.8 Definitions .............................................. I Delays 1,,111..........................4.1.6?9. 12-3•12.4 Delivery of Bonds ..................................... " 1 f?^iivuy of cenific:w-1 of inturan:c ... ........-. 7 Article or Paragraph Number Detcrminatimns for Unit likes ........................9.10 Differing Subsurface of ptysiral Condition* Noticeof .......................................... 42J ENGINEER's Review ......... ................... 4.2.4 Possible Conuzct Documents Change 1111.:......... 4.7-5 Possible Price and `15mcs Adjustments .............. 4-2.6 Disrscpuxics-Repaning and Resolving .... 2.3.3.3.2.6.147 Dispute Resmiution- Agreemcnt..................................... 16.1-16.6 Atsiiu2tion..................................... lfi l 16.3 general ............................................ . 16 Mediation .......................................... 1616 Dispute Resolution Agrecrnent .................... 16.1-16.6 Dispucea. Decisions by ENGINEER ..............9.11.9.12 Docnments- K - Copies or Record............................................. 6.19 Reuseof ............................................ 3.7 Dawings-dclinitionof ............................... 1.15 Easements .............................. ............. 4.1 Effective date of Agscement-definition of ............. 1.16 Emergencies.............................. ti ........ 6X ENGINEER -- as initial interpreter on disputes ................. 9.11.9.12 definition of ............................ 1.17 Limitations on authority and responsibilities .................................9.13 m Replaceent. or ...................................... 8 ? Resident Project Reptcscntr!ive ................ 9.3 EN01NEER's Ca Its 01Llnt-definition of ..........1.... 1,18 ENGINEER's-- authority and responsibility. limitations on ........... 9.13 Authorized Variations in (lie Work ................. 4.5 Change Orders. responsibility for .......... 9.7. 19. 11. 12 Clarifications and Interpretations ............... 3.6.3.9.4 pensions on Disputes . ...................... 9.11-9.11 defective Work. notice of ........................... 13.1 4Evaluzdon of S Aistituse Items ...................... 6.7.: ISability ....................................... 632.9.1: Notice Work is Acceptable .......... ......... 14.1:. Observations ....... ..............••,....• 630.2.9.' U..'".. 1111 W n E G t.4 5 it4j)L C:'�t:lllwil *. ............... «......: Payments to the CONTRACTOR. Responsibility for ........................111,1.9.9. 1 Recommendation of Payment ......•.......... 14.4. 44.1 Responsibilities - Limitations on ............................... 9.11.9.1 Review, of V&ports on Differing Sutn...acc4.2 and Physical Conditions ........................ Shop Drawings and Samples. review respansiaiiity .•.... • 5.: Suius During Constructiosr--- aurhorixcd variations in the Work ................ -9 Clarifuations and Interprc(ations ................... 5 Mcisions on Disputes .1 ....,.............111 9.11.9. ....... 9. r Deteminations on Unit Prue ........'1111 ENGINEER as Initial Interpreter ............ 9.1 t-9. 9.1.9. [NGINEER's Rnponsibilides .............. CI 40 Arricie 4f'00R3frraA Number Lar ,cations on ENGINEER's Authority and Responsibilities ................................... 9.1? OWN ER's Represcntaiive .........................9.1 Project Represtntxcive ............2222..,--2222.... 4 Rejouting Defective Work .......................... 9.6 Shop Diawings. Ch3XV Orders and Payments .................................... 9.7.9.9 Visits to Site ............................. 9.2 2222.. ' Unit Ytico Demmunutons ........................... 4.1t1 Visits to Site ....... ............................ .... 9.2 Written consent required ....................... 7-2-9-1 Equipment. Labor, Materials and ................ 6.3 8 S Equipment rental. Cost of the WOrL................. 11.4 5-t Equivalent Muerials and Equipmcnt ................... 6.7 Errors or amis4ons.................................... 6.3? Evid, nccc of Financial A-ngxntcnts ................... 8.11 Explorations of phys" conditions ................... 4..1 Fee. CONTV-ACIOR'a--Costs-Plea ................... 11.6 Fteld Order - definition of ....................................... 1.19 issued by ENGINEER ............ ............. 3.6.1.9. Final Appticadon for Payment ........................ 14.12 Finallnspection..................................... 14.11 Final Payments and Accxptanee , ........... .............14,11-64,14 Prior to. for cash allowy - .,....----w ............. 11.8 General Provisions ..............................1 17.3.17.4 General Requiremcnis- defiridon or ......................................... 1.24 principal mferenecs to .............. 2.6. 6.4.6.6-6.7, 634 Giving Notice ........................................17.1 Guarantee of Mark--bY CONTRACTOR .............................. 6.36. 14.1' Rosati Communicaunn Programs = Harardotts Waste•- definitiou of ........................................ 1.21 425 rn............................ OWNER's resp-uiWitY for ........................ B.Io 6.12, 6.16, 6.31-6.33 jt�i 11y� -.::c S -U- [cal •.......'.................... 7.4 Inspec-6o -- Ccnifmtea of ......................... 9.13.4. 13-5, 14.13 Final ....... ..... I ................................. 14,11 Special. required by ENGINEER ...............2.222 9.6 Tests and Approval ........................ 8.7. 13.3-13.4 Insurance-- r-.cc5.14 Aptanm of, by OWNER ........................ Additional. rcgtOmd 1,y chant. 11.4.5.9 inthe 'W -k ....................s.......... Befam stating ties Work ............................. 2.7 Bonds arra-1n gcttuat................................. 5 Cancellation ProvisitRls ....... 5.8 Ccriihcaues of ., 2.7.5.53.5A. 11.5.4.D- 5.6.5.3.9.5.14. 9.13.4. 14.12 completedopcoboes .............................. 5.4.13 CogrRACT@R's Liability ........................... 5.4 jyIN fTRAC VIR's obrcrtFnn to coveli^ ......... 2 2 2 2 5.14 .trnirlr or Paragraph Number deductible amounts. CONTRACTOR':: respoasibility.................................... a.9 Final Application for Payment ...................... 14,12 Licensed Insurers .................................... 5.3 Notice requirements. material Owscs.................................. S.S. to.SO Option to Rcplacc.................................. 5.14 other special insurances ............................. 5.10 OWNER as fiduciary for insureds .............. 5.17-5.13 OWNER's Liability .................................. 5.5 OWNER's Responsibilit% ............................ 8.5 Partial Utilization. pmpcny InSUrinCc .............. 5.t5 Proper[) .......... 5.6-5.16 Recetpi and Application of {nzurancc Proceeds .. 5.12-5.13 Special insurance ................................... 5.10 Waiver of Riplits................................. 5A 14 intent or Contract Documents ....................... 3.1-3.4 Intetpretations and Clarificatiom ................. 3.6.3.9.4 Invcstig:atians of physic;l conditions .................... 43 Labor. Materials and Equipment .................... 6.3-6.5 and Easements ...................................... 9.4 Availability Of .................•••'4.1.8.4 8 Reports & Tests .. .............................. $.a Laws and Rcsulations--Uaws or Regulations -- 5.1-5._" Bonds ....................................... 14[1.4 Changes in the Wort .......................•........ 3.1 Contract Documents ..... •............ ........... CONTRAC OR's Responsibilities ...................6.14 Correction Period. derce6vt Work ................. 13.12 Cost of the Work. taxes ......................... 11.4.5.4 definition of...................................... .. 1.22 general ............................................. 6.14 .33 lndcrmt fieation ................................ 631 fi 5.3 htsurance.......3.3 Referestocto...+................................. 3.3.1 safety and Protection .......................... 6.20. 13.'_' Subcontractors. Suppliers and Others ............6.&6.11 Tests and laspectioM .............................•. 163-5 11.1 of Prrmitez .......................... I........ .16 Visits iii Site ................ ........................ F3 Liability Insurance- 5.4 © ER*s................................. 5.5 Licensed Sureties and Insure -M ........................ Ucns- . 14.2 Application for P-- saws f ayment .................. Contractors Warranty Of Titie ............. I......... 14.3 FtnA% Application for Payment ...................... 1.5.1' {?3 definition of .....................................•.'14.15 Waiver of Claims ................................. Limitations on ENGCNEER's Ruthority and 9,13 responsibilities ...............................2222 Urnitcd Reliance by CONTTLACIOR Authorized .......4 Maintenance and OPc-tmg Manuals- 14.12 Final Applirltion for Paytment . d.i nu,is Oaf Misers' 1 y 1 l 40 InSNctiUns. IMS wmaPVmv2Js 8.7,13.4 Number Reference wincvwvm Documrnts---- —.sa./ and / / furnished by CONTRACTOR ....... ~----'��°�y.�um^ma —..^.....�m Waste on . cm=�Orders ----^----^—^^^' o� m/ macamnwws-- m/ Computwion vrmmu ...~~..~..~—~,_ ,~nz cu.u""°'^~~— '----'--~—'�--sx m1 Giving Notice '~~--~^—'— ,__..00 wnumoroym'~'~—^'---~—' p�«�mmm��=ac=novuvmu��~_,,_ nu wvmvm"w�nv=u.----,.'.....,..4�� r N�u�"m�xmx=° ..---. Notice of— A=pLability of ^°—' ,_,___,...,.,—wx3 ^/�s x°*�.o�u�ovr--~~-----''. ----.—.no Claim ~--~~—'~--'__~...m 13.4 cc^�� ^~----^'~--- mmm" o�mmccmpuruc�cm�:mw ,''—' �z� om^ ..'~-----'-------_13�C�mi&siorts n.1 wjjLzCjj consent C I' approval .4 written notice pca+— or Ws 5.6OWNER— ~__�/�m general —^~---'—''—^—' Oxwan�r*vv"abm/r ................. � om ~~--- mmmUtilization— uaax�om —'—~—^^--' _,.~~.__—.1ua ~_.a�o��/^m permits f InSNctiUns. IMS wmaPVmv2Js 8.7,13.4 ~----'��°�y.�um^ma —..^.....�m Waste on . cm=�Orders ----^----^—^^^' o� m/ oa"w�mm,v�*----_,.,.~,.,_ m/ 9.11 13.4 uscor o=PaLncY of the wjjLzCjj consent C I' approval .4 written notice pca+— dm"uo wr —.�^-------`'__^__*� ~__�/�m general —^~---'—''—^—' Oxwan�r*vv"abm/r ................. � om ~~--- mmmUtilization— uaax�om —'—~—^^--' _,.~~.__—.1ua ~_.a�o��/^m 4M Aericle or Poruproph Number patroltuni- 1.30 ............. definition of ........,......,.«.................. 4.5 pencral ............. * ...... OWNER'S responsibility for ........................ 9.10 pilysic2l Conditions- 4,:A ,i ........ Drawings of,. in or relating 10 ........... * ' ..4.2.4 .......... ENGINEER'S -vic' . ..................... ....... .. ............ existing structures ....................... 4.2.1. general .......................... --......... 4.2 Subsurface And ................•..•,- 4.3 ......... .... u,d,,Found Facifiiics ................. • ....... 4.!5 ....... Possible Contract Docu=n", Cb,2'nCc "' possible price lnd'kim- Adjustments ............ .4.2.6 4, 1 Reports and Drawinf$ ,...«,..,.,«..,..--"""4 14otitec of Mt&4 Subsurface Or, •......... .........2-% ..... Subsurface and ...................................... Subsurface Candido0 .... .............. 4+1_IJ Teehoia Data. Limited R y 4.12 CONTRACTOR Aulbod-d .... UndcrEp-outld Facilities- ...... 4.1 r,ener-al ..........................«,.,., 4 .......................4. Not Shown or 111di=cd -- ................... 3 4 .3 . 6.20 Protection Of .......•.•.•...•..«•,.`....... 43.1 Shown or Indicamd ............ * - , - * * -..- ... 4 212 Technical Data ................... 4 ...... I 1 118 . preconstruction C-f=ncc ...... * ..................... 2 Preliminary MIUM ....••.•.•••••••..,...... -6 .. prc-mlnary ISchedules ....................... 6.16-6-18 PMmi&c5. kjsc of ................ •...... II Price. Change or con U'Act ................. ....... 1. it PricC.-Cor%%racl--dCflnidOt1 Of ................... -.4 . 141 " progress payment. Applications for ............... ...... !4' progress paymcnt-Miatinage ......... I ........ I I progress pMV,esSschedule. CONTRA0P0R's •2,6.2.5.'_,9.6,6. ') 629- 10A, 15 -I . :,................. p,,,,(--dcfijjjtion of ................. protect. Reprtscntadvc- ENG114EF:R's Status During Construction 93 ....-,......9. ,,,j,,,, Representative. Resident ...... L3 -&-finidoll of ................... WNER ........ Prompt payment by O8. pmpcfty Insurance Additional .................................. general .......................... I .... Partial Utiftai-cm ....... ........... I and application of receipt . ............. proceeds ............................. 6�2&4.21. 13 ......... Proiccl6on. Safety -d ............. 14. punch list ......4 ............................... R2djOac6v(, lvinet-IZI-- ... L dcfijjjdOT1 ....................................... .. Fcneral .............................................. OWNFR-s pzponsibili(Y for .... ......... S 14,4. 14.5. 14 Rccommcndli"O of Payment ........... 4. , 6.19.1 Record Documents ......... .................... .... Records, Procedu=4 for auiAL1inMC ............. ... vt,(crcince Points ................. ...... Arlicic' or paragraph Number ........ ....... 6.14 RqulztiOrks- Laws: and to(' ........... ...... 9.6 Refecting Defective WOri:....................•.•-• Related Work - atSite ..................... performed prior io Shop Draw and Samples submittals review .................. 6.29 Rcnicdics. cumulative ................. •• ....... - 17.4, 17-S R,Ernov-A or Correction of Defective Wo& ................. ,,nLai agreements. OWNER Approval 11 required ... NGj`NEE`R- by . O\VNER .............. 9-2 replacement oD Reporting and Resolving o - . " 4.2.1 AM D rawinus• ..... 9.4 And Tesgs, OWN risibility ............. Resident Pralcct RCP-"n"S"vc-- .. 1.33 definition of ...................................... 9.3 provision for ............. 6:2 Resident 5 u perint it. Re5potWbiIidcs--- .......... o .............. 6 genera] ... ....... 9 FNGINEEW in general .................... ..9.13 Limitations on .............•..•...-- 9 OWNER'S -in general ................. • .....14.2 RcWn2ge ................................. 33 Rcuse of DOCUmcnLs - foR. ' Shop * Op Drawings Review by CO 625 and Samples prior to Subrrt'UW .............. Review of Applications for PMZress i4.A 14.7 Payments ...........«,,,..«,............. ..... ........ I ........... Right to an aqivstraent ......... ....... Rights of WAY .................................. .6.12 Royalties, Patent Fees and .......... 6.19 Safe SlructtM Larding .... Safety - and Protection ,....,.4.3.2.6,16.6,18.5.24x.21: 7.2. -2- 13 6,2".23 Reprcsentlelve. CONTRsL'j'OR's ................... 6.21 I samples- ......... 0A 3 drfinitiono( - ......... .......... ­ ""' 6-2".29 general ......... 6.25 7 ......... ...... Review by ENGINErR ....................... 6.7,6.6.27 related Wori� ................ ....... ........... 6,26 ....6.24.2 submilvA Of ................ * ...... ..... 625 submittal prucc&L,cS .......................... 1 1).4, 15-2.1 Schedule of provrtss ..... 5clicdule Of ShOP 1)"a"ne AM Sample 6-24-621 SubakWS .............. "***• 2,9-7-9 14-1 .32 Schedule Of Values ................... 4.5 Schedules- 15:-1 .10 Adherence to ................«..,.,..,................ 6.6 .11 AdjlustinC . ........ ..... 10.4 4,1^ C112nf.c of Con -C, TOMS . . ...2.8-2.9 1.8 ACrtpuble ..................................2.k 2A P(clinurtsfy ...... 10.3-10, SCOP.r Of Cl-!tnrcs ....... ....... . .......... Arfiele or Parneraph Number Shop Dtawints- andSafnpies,general . .••••••......••6.2•x-6.78 Surely - consent to final payment ..................... Change Orders & Applications far ENGINEER has no duty to ......................... Payments. and .............................. 9,7.9.9 definition of.................... ................... .1.35 E-NG1NFER's approval of ......................... 3.6.2 ENGINEER's m3polndbili[c° Suspend ►York. OWNER May .................. for revitw ................................ 9.7.6.24-6.7$ rclated Work .................................... review procedures ......................... 6.78 • 2 8.6.24-6.7.8 submittal roquircd .................................6.24.1 Subrnivai Proc+cdures .....:.................... ..... 6as use to approve substitutions ..........•.•........... 6.7.3 Shown or indicated,.......... ......................... 4.3.1 Site Access........................... ......,.,... 7.2. 13.2 Site Cleanllness .................... ......... ..........6.17 Sitc. Visits to - 92. 132 by ENGINEER ................................ 13.3 by others ........................................... ..Special C2Usea of loss- 0i" form.. insurance ....... 5-6-2 Specifications - 1.36 definition of ........................................ ofTechnicaJ Societies. refefct[ca to ................. 3.3.1 precc ince .............. 3.3.3 Standards and Specifications gf Technitxl $ Societies T........................... 3.3 Siarting Consxrucdon- lieforc, ....................... 3.5-' 3 Startingthe Work ...................................... 3.4 Stop or suspend Work-- 15.5 byCONTRASr OR ................................. 13.10. 15.1 y OWNER ............................ bby SSofa3c of materials and equipment ................. 4.1.7.3 Structural Loading. Safety ..°.......................... 6.18 Subcontractor- 6.9-4-11 Concerning ..................................... t definition of ........................................ .... 1 3.3 delay'. ............................................... waiver of rights ..................................... 6 .11 Subntr cwrs---•in general ...................... 6.8 6,11 Subcontracts -required provisions ........5.11.6.11. 11.4.3 SlArnivals- 14.2 Applications for Payment ........................... iriaintcsutcautuvio+ o u=�=�• .......••...-lal.f'_ 6.7< Procedures ................................ 2.9 Progress Schedules .............................. --.6. Samples............................6.1".''_8 14.1 Scltcdule of Values ..................6. Schedule of Shop Drawings and'6.'_.8 .............. Samples Submissions .................... 7.9 _. 6 34.6.2$ Shop Drawings ................................ S.bsaannsaJ Completion 6.30.1-3. l3.►t 14.y ccnifkwtiitt of 1.38 definition of ............ Substitute Construction Mcth&s Or Procedures ....... 6.7.2 Substitutes and -Or Fqua$- Items ............. 6.7 CONi'RACTOR-s Expense .......................6.7.13 ENGINEER'S Evaluation ...,.... ..................6.7.3 ..Or• FAuz3.. ....................... 6.7.1 St,hltitute t"nnstructinn Methods of Procedures ..... 6.7 Arricfe or Paragraph Number Substitute hems ..............•................,.. 6,7.1.2 Subsurface and Physical Conditions- Drawings of. in or rctaring to ..................... 4.2.1-�! ENGINELWs Review ............................. 4�•a gcne[-at.............................................. d.r Limited Rel-sartce by CONTRACTOR Authorised..........................4.e-1 Notice of Di(Te ing Subsurface or physical Conditions ................................ y `•3 Physical Conditions ................................ Possible Cow= E)op. ra=ts Chln$e ................. "1.3.5 possible Price grad Times Adiustnunts ................ 4.16 Reports and Drawings ................................ 4 13 Subsurface and --- ................................ Subsurface Conditions at the Site ................. 4,±.1.1 Technical Data ..................................... 4.3.2 Supervision 6, f CO NTRACIOR's responsibility ..................... OWNER shall not supcMw ........................ 8.9 ENGINEER shall not supervise ............... 9.'..9.17 2 Superintendence.............................. 6 Superintendent. COtTTRACTOR's resident ........... 6.2 Suppicmcaw casts .................................. 11.4.5 Supplementary Conditions- 1.39 dennition of ....................................... Principal S.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- .1.40 definition of ....................................... y principal reference's to ...................3.7. 6 6 5.6.&L4 1. 24 913 11' . . - Waivcr of Rights .................».......,.,,....... 6.i1 Surely - consent to final payment ..................... t4.12, 14.14 ENGINEER has no duty to ......................... 9.13 Notificauan of ........................... 10.1. 10.5. 15 qualification of ................ ............ . ...... 5.1-53 Surviyal of Obligations ................................ 6.34 t3.10. 15.1 Suspend ►York. OWNER May .................. 15 Suspension of Work and Termination. -- . •. • • •. - . • • • • • .. CONTRAC OP May Stop Work or Terminate -.................................... 15.5 is t OWNER Mav Suspend Wore ....... .......... 1.... 4 1 .4 OWNER May Terminate .............. I....... Taxes -Payment by CONTRACMR .................. Technical Dau--- Limited Reliance by CONI-RAMR .••......... 4.2.' - Possible Pflee and limes Adjusuncttts .............. 4 6 Reports of Dilltinng. Subsnfs=e and Physical Conditions .....................*.••." .. �.'.3 Temporary Construction fatiiiks ....................... 4.1 -termination-- 15.5 by CONTRACTOR ......................:'8.$. 15.s-15.4 law OWNER ......................_...,... $ of ENGINEER'S employment .................... 15 rural Suspension of Work-in Rc .......................... 3,4 Terms and Adjectives ............ --- ...... Tests and Inspections- Ib Article Of Paratralrtr Nr+nrbrr Acc+ .s to the Vrork. by others ..................... 13.1- CON1'RACTOR's responsibilities .................... 13.5 costor ............................................. 13.3 covering Work prior to ......................... 13.6-13.- Laws 3.6.13"Laws and Regulations cors .......................... 13.5 Notice of Defecu................................. 13.1 OWNER May Stop Wort ........................... 13.10 OWNER's ittalepcndent testing ...................... DA Wcial. requited by ENGINEER ..................... 9.6 timcly notice required ............................... 13.3 uneoyerng the Wort:. at ENGINEER's rrpuest.................................... 13.11-13 TAdiuftinG........................................ 6,6 Changeof Contract ................................... 1: Adjusting 6.6 Computation of ..................................... 17 Contract Torte itfiIli tion or ....................... 1.17 day Milestones...........................................II Requirement- app ah. ..aims and ................. cl....'....".. I{, disputes,............. 4.11.11. 1 Commencemcnt of contract times ................... preconsuucuion conference ........................ schedule.................................:.6.2.9.6.1, starting the Work .................................. ...3 Title. Warranty of ..................................... 13.3 Uncovering Wort : ................................ 13.E-13.9 Underground Facilities. Physical Conditions- dchnidonof............................. ........... 1Al Not Shown or Indicated ............................ 4.3.= protection of ................................... 4.3.6.20 Shown or Indicated ................... ............. 4.3.1 unit Price Work - claims ............................................ 11.9.: definition of ........................................ 1.42 general ............ ......................11.9.14.1, 14.S Unit Prat:ts-- general........................................... ii .1 Determination for .................................. 9.10 Use of Premises ........................ 6.16.6.18.6.30.'..3 Utility owners ...................... 6.1.. 6.'0.':.5.7.3. 13.' - Article or Paragraph Number Utilization. Partial ............... 1.'36.5.11.6.30. 2.4. 14.10 Valuc of the Worl..................................... 11.3 Values. Schedule of ....................... 2.6.2.$-2.9. 14.1 Variations in Wort: -Minor Authorized................................6 3.0.27.9.5 Visits of Site --by ENGINEER ......................... 9.2 Waiyer orCWms-an rind Prtvment...............................4........... 14.15 ltrai,cr of Rightt by insured paries ............... 5.11, 6.11 Warranty and Guaramte. Generai--h}' CONTFG4CTOR.................................... 0.30 Warnnty of Title. CONTiIACTOR's ................... 15.3 Work- 43 Acccss10............................ ............... 7 byofIters.................... ...... ......... Change in the ....................................... .......... 10 Continuing the ...................................... 629 CONTRACTOR May Stop Work orTetminatc.:................................. 15-1 Coordination of ...................................... 7.4 Cost of the......................... . ... ...... .. 11.4-11.5 definition of ..................................... -- 1.43 nepJccted bg CONTRACTOR ...................... 13.1.3 other Work ............................................ 13.10 OWNER May Stop Work ......................... OWNER May Suspend Wart.................. 13.10. 15.1 Related. Work at Site ............................. 7.1=f.3 Surtin the 2.4 15.5 Stopping l+y CONTRACTOR+ ........................ Stopping by OWNER .......................... 15.115.4 Variation and deyiatipn authorized. 3.6 minor ........................................... Wort; Clunge Directive- claims pursuant to ................................. 1.0 "_ 1.45 definition of ........................... ......I.... principal rcfercnces to .................... 3-5-3- 10.1-10 Written Amendment•- i.$5 definition of ................... .....:.. ........... principal reftrenccs 10 ... 1.Io. 3.5.5.105.1'_. 6.6.2. 6.8.2. 6.19, 10.1. 10.4, 11.2. 11.1. t3.12.2. 14.7.2 Written Clarifications and 3.6.3.9.$. 9.11 lr.t ,; sig.. ....__......,....._......., Written Notice Required by CONTRACTOR ........ 7.1. 9.10-9.11. 10.3. 11.2. 1'_.1 by OWNER .................. ..9.10-9.11. 10A. 11.2. 13.1• 4 4 GENERAL CONDITIONS AR-11CLE I -(DEFINITIONS Whcrevtr usstl in these Genual Conditions or in the other Contract ,Documents the fatlowint tenet have the meanings indicated which are appti-blc to both the singular and plural [hereof: Ll. AddenAc--Wfittenorgaplticinsuumentsissucdprior to the opening of Olds which clarify. correct or cktange the Bidding Raqui*emcnts or ttic Ccntr= Documents. 1 Z. Altrrrmrnr--Thc writmn contract between OWNER id COi TRAC O c govering the Mark to be performed: other Cent Documents tern ato'n'ed to the Alzetrtten[ and made a pan thereof as provided therein. 1.3. Appficattnn forPaymrnr=l7te form accrued by EN- aINEER which is to be used by CONiRA=R in requesting proVess or firW payments and which is to be accompanied by such supporting documentation as is required by the Contract Documeats. 1.4 A:brrror-Any rnatcriai utat contains more than one percent asbestos and is friable ar is releasing asbestos ['hers into the air above current actors levels established by the 1lnittd States Occupational Safety and H Wth Administration. 1.5. Bid -.•iia offer or prapaM of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 1,6, Tlidding Documents=[lrc advertisement or i;tvimtion to Bid. instructions to bidders. the 'lid form. and the proposed Conor= Documents tinciuding all Addend. issued prior to [recpt of gids). 1.7. Bldding Requirements -Dire advertisement or invita- tion to bid. insuvcdons to bidders. and the gid forth. L:;i }�nd-c 14"'d r,rher lath. tlnnds-r^eriorrruiR.a R -41'=`%^t insttvmcmts of sctvrity. 1.9. Change Order ---A document recommended by ENGI- NEER. which is signed by CONTR.AMR and OWNER and ;cuthorizrs an addition.. deletion or nevis:on in the Work. or an adjustment in the Contract Price or the Contract Tirnrs. issued on or after the r.ffsolve Date of the Agreemcnt. 1.10, Contract DOcumenrr-inn Apccmcni. Addrids twldch pertain to the Conuact Ootumcnur. CONT1tA4'f(3R's gid (including docUMCntatiaR accompanyir•g the Bid and any post gid documentation submitted prior to the Notice or Avratdl wit -a attached as an exhibit to the Agreement. the Notice to Proceed. the Bonds. thcsc General Condition,. the Suppicnienury Conditions. the Sr4cifications and the Draw. ;rlm .'.t thy- svnc 'Ir more tucciFtcaliv idcuoku in the Age anent. tottther with all Written Amendments, Change Orders. Work Change Directives. Field Orders and ENGINEER'% written interpretations and ciarifica[iens issued pursuant to paragraphs 3.5. 3.6.1, and 3.6.3 on or after the Elf=dve ihtc of the AVccment. Shop Dnwinf sutimittals approved pursu- ant to psrapWKs 6.26 and 6 37 ant: the repoM and drawings referred to in paragraphs 43..1.1 and 4.2-.2 are not Contract Documents. 1.11, Contract PriCe--'fi he rnoneys payable by OWNER to CONTRACfoR for completion of the Work in accordance with the Corn—E Documc tts as 90" in the AtpreemnE [subject to the provisions of paragsaptt 11.9.1 in the ase of unit Price Work). 1.11. Canrraer 7-+rues-Thc numbers of days or the d;ucs stated in the AgriecroCM ill to achieve Substantial Gampletic) n. and till to coatplete tha 1Vo4R so that it is tcady for final payment as evidenced by ENGINEER's written reraomrttatida' tion or final payment in accordance with paragaph 14.13. 1.13. CONTRACTOR -Title person, firm or corporation with whorn OWNER has entcrcd into cite Agreement. 1,14. defrr+ive---An adjective which when modifying the word Wort. re(crs to Work that is unsatisfactory faulty Of deficient, in that it does not conform to the Contract Docu- ments. or does not meet tits requtreutents of any inspection. reference standard. test or approval rcfen to in the Contract Docurttcnts. or has been damaged prior to E NEER-s recommendation of final payrncnt (unless fesiwnsi- tillity fortha protection the fro f has been assumed by OWNER at Substantial Completion inacoordance with paragraph 14.6 or 14,1411. 1.15. IDrawingr-Thc drawings which show the scope. extent and character of the lt+otk to be furnished and per- fom,cd by CONTRACTOR and which have been prepared or approved by E14GI14EER and are se'a'ted to in the Contract Documents. Shop drawings are not Drawings as so dehncd. 1.16, Fjfecrive Date of rhr Agreemenr• 'Mc date indicate$ in the Agrcement on which it becomes effective. but ifno such date is indicated it mentos tote date on which the Aguenett is � and siQntd nd deYivered by rite jut vi ii+� �Ka i.:; Cn t:: e deliver. 1.17, ENGINFER-ihcperson.hrmor=rporatibnntuttcd as such in the AgroemertL 1.16, ENGItiEER's Ceruudfonr-A pcmn. ftrmor coripo- ration having a contract with ENGINEER to furnish services as ENGINEER'S independent pmfrssivhal assoc'= or con- suhant with rrspcc'• to the (inject and who is identified a such in tine Supplcmcnary Conditions - 1.19, Field+order-A wsis+.en ororrissucei by ENG N z'c With which orders minor changes in the Work in acco paragraon 93 but whack does not involve a change in the tont. tett I'ncr er the Contract "Rine%, (la 40 1.29, General Requiremerrrs--Sections of Division I of the Spccifications. 1.31. hazardous Wast* The term Hazanfous Write shaft have the meaning provided in Section 1994 of Elie Solid Waste Disposal Act (42 USC Section 69931 as amrnded from umc to time. I = Laws and Relrulasions: Largs or Prxu%Nionr—Art and all applicable laws. rules, regulations. ordinances. codes and orders of any and all govesnmema.1 bodies, agencies. authorities and courts having jurisdiction. I M. !Jens---Ucns. charges. security inttrmts or encum- brances upon real property or personal property. 1.24. Ullesrooe---A principal event specified in the Con- tract Documents relating to an intcr-modime completion date or time prior to SubsrantW Completion of all the We& l?<. Notice ofAuwd—T1n written notice by OWNER to the apparent successful bidder sarin¢ that upon compliance by the appamnt successful bidder with the conditions precedent enumerated therein. within the time specified.. OWNER will sign and deliver the Agreement. 1.26. Notice soPraceed —A written notice riven byOWN > R to CONTR.i1MR (with a copy to ENGINEER) fixing the date on which the Contract Times will cantmence to run and on which CONTRACTOR shall stir;. to perform CONTRAC- TOR's obligazions under the Conuact Documents. 1.21. OIVNER—Thc public body or authority. corpora- tion, association. firm or person with whom CONTRACTOR has entered into ilia Agircment and For whom the Work is to be provided. 1.28. Paula! Utg afdan—Use by OWNER of a substan- tially complcmd pan of the Work for the purpose for which it is intewled (ora elated putpascl prior to Substantial Completion of al! the Word. 1.29. PC8_f—Polychloritsated biphenyls. 1.39. Petroleum—N roleum.. including crude oil or any fraction thereof which. is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.1 pounds per square inch absolute). such as oil. petroleum. fuel oil, a sludge. oil refuse. Ipmoline, iccrosene. and oil mixed with other non -Hazardous Wastes and crude ails. 1.31. Project—Tile total construction of which the Work to be provided under the Contract Documents may be the whole. or a pan as indicated elsewhere in the Contract (Documents. 1.32. Radioactive Mdrrrxal Source, special nuticaf, or byproduct material as defined by the Atomic r.nergy Act of 14'4 10 US(. 5, r6orr 701 t +rn,l 1! a.-- A -d f'e-, tr.^#r '^ 1.33. Resident Projeer Represratarive— The authodred representative of ENG114E-ER w}to may be assipsed to the site Of any part thereof. 1.31. Saarples—PhysicalcxamplesofmaterWs..equipa=c. or work man%hip that arc repotseatative of some portion of the Work and which establish the sundards by which such ponion of the Work will be judged. 1.33, Strop Drawings --All drawings. dis(u-ams, Illustra- tions. schedules mid other data or information wl5ich arc specifically prepared or assembled by c fru CONTRACMR and submined by CONTRACTOR to illustrate some portion of the Work. 1.36. Spccyxaiiota—Thesc pordoas of the Contact Doc' untcttts consisting of written technical descriptions of materi- als. equipment. eonsrttsction systems, standards and wor tman. ship as applied to the Work and certain administrative details applicable therelo. 1.37. Subconrracror—An individual. firm or ccxporation having a direct contract with CONTRACTOR or with any other Subcontractor for iYrc perfornwtce or, part of the Work at rhe sire. 1.38. Substantial Complexion -»Tire Work (or a specified pan ihcrtof) has progressed to the point where. in the apitdon or ENCANEER as, evidenced by ENG1NEER's definitive cenificate of Substantial Cotnpletion. it is sufnciently com- pletc. in accordance with the Contract Documents. so that the Work for specified party can be unlined for the purposes for which it is intended-. or if no such ccnifrcato is issued, when the Work is complete and ready for final payment as cviden[xd by ENGINEER's written necommcndadon of final payment in Accordance with paragraph 1d.13. The Cerins "substantially complete" and "substantially completed" as applied to all or part of the Work tcfer to Substantial Completion thseef. 1.39. Suppfenteneoq Cond±dons—The pan of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier—•A manufacturer. fabricator. supplier, dis- tribtttor. matcrialman or vendor having a direct contract with CONTRAC+MR or with any Subcontractor to furnish materi- els or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. UndcrgroundFaailrries----Allpipcl4tes.condttits.dttctl. cables. wires, manholes, vaults. soaks, tunnels or otller such facilities or artachrnents. and any enca.scntcnts cooWning such facilities which have been installed underground to furnish any of the following services or matedafs: ciccuicity, gases. steam. liquid petroleum products. telephone or other comM'J ica- tions. cable television. sewage and drainage removal, traffic ar other control systems or water. 0.47. Urs P-irr way, It) to paid for ort tiv; hili: of i 40 1.83. RSs+k -lire attire cgtnpie tcd consuvaion or the var- ious separarciy identifiable puss thereof ret;ob"d to be fur- niched under the Conuact Documents- Work includes and is the reso of perfganing or furnishing labor and ftanislshng and incorpDraung aiaferWs and equipment into the coastrucdon. and pecfomting or furnishing services and futnWiint docv mems, all as required by the Contract Docurnew- 1.44. lt'ork Change Atrecrlve--A writtrndireuive to CON - Tp 4,CTOR. issued on or after tic flfctxive Date of the Agieernent and atoned by OWNER and troantttcnded hay ENGINEER, Ordering an additiosi, deletion Or rcrision in the Work, of responding to diffenrit or unfrx=— phynrxl C -W — tions under which the Work is to be performad as pravideti in pump ph 4.2 or 4.3 or to emertcnc+cs under paragraph 6.73. A Work Change Nnzdvc wiU not change the Contract Pries or rile Contract' imea. but is cvidetim that the parries eapeRx that the chart to directed or dommeantcd by a Work Ci Dir— tive will be incorporated in a subsegtun y ksued xLW Order following ttegOtixuons by rhe pubes as to its tdfcc- if any, on the Conry= trice or CAnttact Times as providod in paragraph 10.7- 1.45. Wrriren Amendment—A written aniendn""t of the Contract Documents. signed by OWNER" CONTRACTOR on or alter the Effective fate of the Apreenncnt and normally dealing w-itit the norirngineciing or antwhn nl rather thin strictly construction-mlated asts pecOf 0V' rncnts. ARIMLE 2—PRELIMINARY MATTERS Adircr7 a/Barufs: 7_1. When CONTRACTOR delive %ttic executed deliver - rnenu to OWNER. COt3CRAC O srequired to to OWNER such Bonds as CONTRACitiJR may be req furnish in acccrdanCC wrirh p mgWir 5.1. Copies of Docu==.' 2.2. OWNER slnll furnish to CONTRACTOR up to ten copies [unless otherwise specifics! in the Supplelaentuy Can- ditionsl of the Contract Documents a_c arc reasonably neces- sary for the execution or ;he Work. Additional capias will be furnished. upon rcqucst. at the cast of reproduction. Coerrw Ror,iwrn of Conned Timer: Ncaec ra Prccrcd.' 2„7, The t r3n4rs a Times will coir menCe to run on the ttU ti- ezh day after the f-ffeccve Oats of the Agreement. Or. If a Nonce to Proceed is premon the day indisaccd in the Hc6ce to Pracccd- A rit,te ro fretted any be a?ve^ j, anw time within shiny dins +.,r ,��.. C11.r_, +: t�t•r of •hK r t, r.^+ent In m evrs+t will 0.-_ Consraa -ratios cot unev= to roar lata° than the sixtieth day after rhe day of Did opening or the thirtieth day after the Effmdve Date of Clic Agreement. whichever due is cacti r. 5tm-dq skt W"*-. 14. CONTR tMR shall atom to puform the Work on the date when the Contract Times commence to run. bus Ra Work than be done at t]re site prior to the daze on which the Contract T"trises carttttte= to nate. Be/ae Swdnt Coos: 3�$. Before undcenking caste put of the Work. CON- TRACTOR ahail carefully study and —P= the Conuf Documenu and check and verify pertinent figures shown tiicronn and all applicable W4 rrtraswemtenu CON`CRAC- TOR shall psvmp[fy tgiarx in wrfdng to GifGINEFR'uty conflict., error ambiguity or disarepanoy winch CONTRAC- ,OR may discover and atoll obtain a wri= interpretation or cfar56cuion frown ENGINEER before preceeding -with any Work affected thescbyi however. CON iTRACPOR shall ncx be liable sO OWNER or ENGINEER for failure to report any co[dlia. error, ambiguity or dscrepancy in thte Contract Doc- umenrs. unleu CONTRACTOR knew or rrnsoruhly should have known thereof. 6. Within ten days after the Cffective Date of the Awe Ment sunless otherwise specified in the General Requiremcnul. CONTRACTOR shall submit to ENGIN E'ER for review: 2.6.1. a preliminary progress scliedulc indicating the times (numbers of'days or dated for starting and completing the various stages or the Wqrk. induding any Milestones specified in the Contract Documents: 16.2. a preliminary sehadute of Sliap Drawing and Sam- ple subrnittAs which will list each required submittal and the times for subrniWng. reviewing and processing such submit - W: .6.3, a preliminary schedule of values for all of the Wolk which will include quantities and priers Of it-" atffrgazing the Contra Price and -ll subdivide the Work into component para in sufficient de -1 to serve as the 1�3 "s rsrm,,1;nn. Stich niiccs will for pruvvas PAY"-,,-- rbea.- -- - indudc an apprnpriare amount of overhead and prvftt appli- cable to each item or Work. .7, f9efore any Worts at the site is sta '_rted. CONiRACT*OR and OWNER shall each deliver to the other.ItmcnrI V0ry 14 t' each additional insured identified in the Supp tions. certificates of insusancc (and orherevidence of insusaircc which either of theor any additicrW Insured maY rsasostably them revert-.tl which C'ON-TRAA -'FOR Orth OWNER r-Pccdvely are required to lwrttusc and nujaWrt in meoordastcc'"idi W*" graphs 5.4.5.6 and 5,7. Prirrvnnnrawn Con/erx+u r: 2.8. Within twenty days after the Conti -Act Times sort to run. but rx fon a:iv Work tt the site is startcd. a C0111" 4 GR amended by CONTRACTOR. ENGINEER and others as up- propriate will be held to establish a working understanding aurone the parties as to the Work and to discuss the adcedalcs referred to in paragraph 2.6. paooedures for handling Stxsp Drawings and outer submitWt- processing Applications for Payment and maintaining required fccords. laidAuy Aarpiabk Scka WCV 1.9. Unless otherwise provided in the Contract Dau- rncros. at least ten days before submission of the firu Applica- tion for Payment a cotsfemnce attended by CONTRACTOR. ENGINEER and othcra as appropriate will be held to revicvz for ameptabiIity to ENGINEER as provided below the sched- ules submitted in accotdanec with paragraph 2.6. CONTRAC- TOR s1t211 have an additional ten days to make corrections and adjustments and to complete and mubnuil the schedules. No progress payment shall be made to CONTRACTOR unit the schedules arc submitted to and acceptable to ENGINEER as provided below. The progmss schedule will be acceptable to ENGINEER. as providing an orderly progression of the Work to completion within any specified Milestones and die Contact Time. but such arscptanec will neither impose an ENGI- NEER re-sponsibility forthe sequencing, scheduling orprortss of the Work nor intcr(cre with or relieve CONTRACTOR from CONTRACTOR`s full responsibility therefor. CONTRACTOR•s schedule of Shap Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable .rrartgte- merit for re;vievring and processing the required subrnittah. CONTRAC OR's schedule of values will be acceptable to ENGINEER as to farm and subsrance. ARTICLE 3_ -CONTRACT DOCUMENTS. INTENT, AMENDING. REUSE !menu: 3.1. The Contract Documents compnsc Or enure axtee- ment between OWNER and CONTRACTDR concerning the Wort[. Tile Contract (Documents arccomplementary: what is called for by one is as binding as if called for by all, The Contract Documents will be construed in accordance vri•h tine law of the plane of the Project. 3.2- Itis the intent of the Contract DS]etmlent$ to describe a functionally Complete Project for part tmrcof) to be con- structcd in acca'dame v4th the Contact Documents. Any Woric. matcriais or equipment that may reasonably be inferred from [tic Contract Documents or from prcvaZinr Custom or trade usage as being required to produce the imcnded result will be furnished and petforrned whether or not specifically called for. When words or phrases which have a well- known rechniCA 9rconstNction indmVy or trade EneaningaTC 111crf W cations and inurprctations of the Contract Documents shall be issued by ENGINEER as provided in pamgsaph 9.4, 3.3. Rr(emnce to Standards and Sprdfi6mda1rr of7"rLical Societies: Reporrrng and Rrralrinf Mairponcia. 3.3.1. Reference Eo standards. s;)odfications. manLWs or Codes of any tcthniCid society. organization or association, or to cite Laws or Reputations of any povernmenuttl authority. whether such reference be specific or by implication. shall mean rhe latest suandard. speeifir2tian, manual, cads or Laws or Rcrulations in effect at the time of oPening of Did tor, on rhe Effective Date of the Agreement if there were no Bids[. except as may be 0the rwist•, specificalty stated in the Contract Documents, 3.3 ; If. during the performance of tate Wart;.. CON. TRACTOR discovers any conflict. error. ambiguity or dis- crepancy within the Contract Documents or betwccn,the Contract Documents and any provision of any such l sw or Rcbnilauon applicable to the performance of the Work or of any such standard. specificatton.•manual or code or of any in;%rUCLlon of any Supplier referred to in paragraph 6.5. CONTR:\C'OR shall report it to ENGINEER in writing at once. and. CONTRACTOR shalt not proceed with the Work affected u tereby [except in an emergency as authorized by parapsaph 6.231 until an amcndment or supplement to Elie Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3.6. provided. however. that CONTRACTOR shall not Je liable to OWNER or ENGI- NEER for fziIurc m report any such connim error, ambigu- ky or discrepancy unless CONTRACT'OR knew or reason- ably should have known thereof. 3,33. Gxcepi as otherwise spcciftcally stated in the Contract Documents or as may be provided by amendment or supplement tl[etcto issued by one of the methods indi- cated in paragraph 3.5 or 3.'_. ttic provisions of the Conuact DocumcnEs shall take precedence in resolving any conflict. error. ambiguity or discrepancy between lite provisions of ttse Contract Documents and: 3.3.3.1. tete provisions of any such standard. speci- fication. manual. code or instruction twhctncr or not spcdfically incorporated by reference in the Contract Docutnentsl: or 3.33 2. the provisions of any such Laws e, Regu- lations applicable to the performancr of the Work tunlcss such an intcrpretation of the provisions of the , Contact Documents would result in violation or such Law or RcguVationt. No rrovisian of any such standard. spccifica[iort, manual• code or instruction shall becfrcciive iochange tN duticsand resportsNJincs of OWN E.R. CONTRACTOR or ENGIN EEK. or any of their subcontractors, consultants. agents. or cm• ploycts from those art forth in the Contriet Documents. nor shzll ii be effective to assifm to OWNER, ENGINEER or ,tnv vF ENGINEE R's t:004,lcann. agclLtl as _•:_ipinyccs any C7 i perfotrttatttx of the Work or any duty or authority to under- take responsibility I— mist cnt with rhe provisions of para- p7vh 9.0 or any other provision of the COnlf= Docu- ments. 3,4. Whenever ill the Contract Documents the terms "as ordered:' ..ass directed:' --as required:* "as allowed:" "as approved" or terms of like cfreet or import are used. or the adjectives"rcasohrabic,""suitable.'""acceptswv.: `-proper" or ^^satisfattory^- or adjectives of like effect or import are used to dcscriite a rcquirsment, direction. review or judg- men, of ENGINEER Rs to the Work- it is intended that such requirement.. direction. review ar judgment will be solely W eraltuus- in general. the completed Work for compliance with the requirements of and information in the Contract Documents and conformance wilt the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless theca is a specific statement indicating otherwise). Tho 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 ar authority to undertake responsibility contrary to the provi- sions of paragraph 9.13 or any other provision or the Contract Documents. ,tmrndirig and Serpi emanri+tg Canmaet 00"O enur 3.5. The Contract Documents may be amender! to provide for additions. deletions and revisions in the Wolk ar to modify the terms and conditions tlscrcof in one or more ofthe following ways: 3.5.1. a foomal Written Amendment. MI. a Change Order (pursuant to paragraph It).41. or 3.5.3. a Work Changs Directive tpnrsu"t to paragraph 10.11. 3.6, In addition. the requircrncnts of the Contract Docu- mcnrs ntay k supplemented. and minor vuiations and devia- tions in the Work may be authCkdUd. in one or more of the rnllowing ways: 3.6.1. a Feld Order rpursuant to paragraprt 9-51- 3.6,2. ENGINEER% approval of a Shop Drawing or Sample (pursuant to parwaaphs 6.26 and 6.171. or 3,6.3. ENUNEER's veritten interpretation or clarifica- tion (pursuant io paragraph 3.41• Revue of Dccur"r=- 3.1. COITinACMEL and any Subcontractor or Supplier or other ptnon of urgartiraaion performing or furnishinv any of the Work undo' a direct or indirect Ccotrart with OWNER fl1 tt.rti not have or :equuc an. title tc, ur ov ..rs:.:p rights in of the Drawings, Spceift d*rts Of other doexaments torcopin of any thereon prepared by or bearing the seat of ENGINEER Of ENGINEER's COMIU111t. and lilt shall not reust: any of such Drawin;s. Specifications. other documents ar copies an extensions of the Prajeet or any odwrpri*= without written consent of OWNER and ENGINEER and'spccific written verification or adaption by ENGINEER. ARTICLE 4 -AVAILABILITY OF LANDS: SUBSURFACE AND PI(YSIC:4�1- CONDMONS; REFERENCE POINTS Ammo' of f-Adsr 4.1. OWNER shall furnish. as indicated in the Contract Docs menus. the lands upon which the Wmk, is to be perforated. righu-of-vrav surd easements for aeccxs thereto. and such othw. 11nds which are designated for the use of CONTRACMR. upon peatorrable written request. OWNER shall furnish CON- TRAC't1DR with a correct statement of record Icg1l title and legal deicripdon or the lands upon which the' Work Is to be per;ormcd and OWNER"s intcnesh therein as necessary for giving notice cf or filing a mechanics lien 394osr such fends in with applicable Laws and Regvfs[ions. OWNER shall identify any encumbr+ncts or restrictions not of geacral applicuion but speciftcslfy related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Ease=otrfor permanent structures a pcmuncn( changes in existing facilities will be obtained and paid for by OWNER, unk&ONT othc O°ided in the WNERarcunabletContract oagreeon menus. if CON'IiLt4CTDRarest cnudement to arthe amount or extent of any adjustments in the Conu= Pei cc or the Contract Times as a result of arty delay in OWN ER's furnishing these lands, rights-of-way or casements, CONTRACi'OR may make a claim therefor as provided in Articles it and do. CONTRACILIR shill provide for all additional lands and acus thereto that may be required for temporary construction facilities or storage of materials shad cquipat"..t- .1.2. Subrurfocr and f'hvsieai CondL"nsr 4.2.1. Reports and Drawines. Reference is nude to the Supplementary Conditions for iderttifi'- inn af: 4.2.1.1. Subsurface Candi:iartr: Those rcpo[ts.of explo- rations and tests of subsurface conditions 1110 r contiguous io the site that ha_ been utilized by ENGINEER in prep&Hag the Contract documents: and 4.2.1.1 physical Condtalarrr: ihosv dr+winys of physical conditions in ar reacting 10 existing sunaee or-..bsulf ^ SSttiLtLLrea ar Or can[i,guotts to the site (extxpt Uade"- F-uiiiticsl that have been utilircd by ENGINECR in prepay' in�g th" Contract DOcunxnts. 4W 40 4.:..:. T.iatitrd Reliance by COMMAC7OR Aurhodted: Technical Data.: CONTRACTOR tatty rely upon the hero ral accuracy of the -technical data" contained in such reports and drawinps. but such reports and drawings are net Contract Documents. Such "tcchnicW data" is identified in the Supple- mentary Conditions. Exce% fat such reliance on such "ted]- oical doaa;' CONTpj�=R racy not rely upon or make any claim against OWNER.. ENGINEER or any of ENGiNEER's (consultants with respccs 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 ratans. methods. techniques. se- quences and procedures of construction to be employed by CONTRAC'MR and safely precautions and prograrru inci- dent thereto. or 4.2�2. other daze. interpretations. Opinions and infor- mation contained in such reports or shown or indkX" in such drawinps. or 4-2--A, any CONTRAL-MR interpretation of cr conelu. cion drawn from any "[wboical day" Or any such duo. interpretations. opinions or information. 4.2.3. Nance of Djering subsurface, or Phvricd Condi- tions. If CONTRACTOR believes that tiny subsurface or Physical condition at orconriguous to the site chat is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical darn" on which CONTRACTOR is entitled to My as provided is paragraphs 4.2.1 and 43.2 is materiaily inaeet.rwc. or 4.23? is of such a nature as to require a charge in the Contact Documents. or 4.2.3.3. differs ntate Way froni that %howl] or indicated in the Contrary Documents. or 4.23.4. is of ars unusuat =um and differs materially from conditions Ordinarily encountered and generally rtsog- ni2ttA as inheremt in work of the character provided (Or in the Contract Documents'. then Co NTRAC OR sW, promptly after becoming aware thereof and before further disturbing conditions affected tliereby or performjng any Work in connection therewith rexocpt in an emergency as p rmitted by parepraph 6.231. notify OWNER and ENGIN E'ER in writing about such condidou. CONTRAC- TOR shaft/ not further disturb such conditions or pericrm any Work in connection therewith tcxt:ept as aforesaid[ until re- ceipt of wTiat n corder to do %o. 4.2.4. ENGINEER's Revien% ENGINEER will promptly review the pt:ninmt conditions. dete mine the ruccss'sty of OWNER's obuining sftLional exploration or tests will, re- spect ihcieto and advise OWN .R i+, w]iting 4with a cupy to 4.25. Possible Contract Aoeumrnrr Change: If ENG;. NEER concludes that a chango in the Contract Documents is acquired as a result of a condition that meets one or more of the catcWes in oaragsaph 4.2.3.. s War]. Change Directive or a Change Orderwitl be issued as pmvided in Article 10to rcncct and document the consequents or such chance. 4.2-6. Porrib(c Price and Times Adinrtments: An equitable adiustn]ent in the Contract price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes nn increase or de- crease in CONTRAClt7R'a cast or. or time required for perfottnance of. the Work: subject. however. to the folf)vAW.' 4.2.6.1. such condition must meet any one or mom of the categories described in paragraphs 4.2.3.1 through 43.3.4. inclusive: 4.2.6a a change in the Contract Documents pursuant to . parspaph 4.2.5 will not be an autommauc authorira6en of nor a condition precedent to entitlement to any such adjustment. 4.2.6-1. with respect to Work that is paid for on a Unit price Basis. any adjustment in Contract price will be subject to the provisions a puwaphs 4.10 and 11.9: and 43.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price orTimesif: 4.? AA. CONTRACTOR knew of the existence or such conditions at the time CONTRACMR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or bccorning bound under a negotiated contract: or 43.6.4., the existence of such condition could tea- wnably have leen discovered or revealed as a result Of env examination. jnvcstigatien. exploration. test or study of the site and contigu:.vas areas required by the ]Bidding Requiicmcnts or Contract Tlocumcnts to be conducted by or for CONTRA.CPOR prior to CONTRACTOR°s making such furl commitment'. or 4.2.6:43. CONTRAClL3R failed to give the written IWti" _;Glial lily:imc aX,, a3Ly _ITh 4-7.7. if OWNER and CONTRACTOR arc unable to ataea on entitlement to or as to the amount ar length Of any sue" equitable adjusuncnt in the Contract Hee or Cot+,....:t Tim:s. a claim may be made therefor as laravided in Articles 11 and 12: However. OWNER. CNG l N EE R and ENC 1N EER's Consul t- alus shall not be liable to CONTRACTOR for any clatters. case. tosses or darMcs sustained by CONTRACTOR on or in connection with any other projc%t ar:rucspated projecs. 43. PhrriraiCQird+ivns ffndrrfround FarlLidcs: 4.3.1. Shox'n or Indicated: 7174 infortttuinn and data slw' m r,&;atod in .le, respeet to exisft _._ .._. .... .. r_ .,t . •Ir_.'r.: is hast (tit 40 4 infexnsation and dux fIMW d to OWNER or ENGiNEER by the owners orsuch Ur+dagraund Fstalif- or by others. Un4eu it is olher+visc expressly provided in the SuPPlemanary Conditions: 43.1.{. OWNER and ENGINEER shall not be resTon- sible for the auuncy err eamplcuness of any a xh informs- tion a data: and ,�3.1.Z, 'Tlhe cost uCa11 of tlhe ColSmvithr vrh7I be includod in the Coruract Pritx and CONTRACTOR slot{ have M resp— sriht7i tYfor. fl7 "covin and chc6i4 MA tacit idbunudon srhd clue. Cul locauiag all Underground Faalhnes shown Of iTAC2144 in doe Contract Doctunatts, r1 ca 4imIon ofthe Wok with theowntr c(UK1h UthdeWound Fu16csdurngM-9:60n. VW (iV) the xafety and protection of all such Uncap -rd Fx ilitir s Its provided in paragraph 610 and repaiaasg any carnage tFhacta resulting isurn the Work. 43.2. Not Shown or lrrdlrored: If an Umkrgsnund F�cilhy is uocoveted or revealed at orcontipuous to the site which was not 1:hown or indiaatcd in tate Gamttacc Documents. CON- TRACTOR 111311. promptly after becomi • 11101111 Consultants and the offneertt. directors. cmployces. agents. other consultants sural aubcorru=m of each and any of them front and ayainst ail claims. costs. Imses aryl damages arising out of or resulting from such hazardous condition, provided tlau fit any such claim. cost• loss or dsmage is attributable to bodily injury. sickness. disease or dcstli. or to injury to or desuuc ou of tangible pfopeny todter than the War& itsetf). including tilt loss of use restdung therefrom. acid (ii) nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from sod against the consequences of tliat person's or cntirv's own riegli. $trace, 45.5. The prov'ssiurts of paragraphs 4.2 snd 4.3 are nor imended to apply 10 Asbestos, PCBs. Petroleum. Hw2rdotn Waste or Radioactive Material uncovered or revealed at the she. ARTICLE 5—BONDS AND INSURANCE perlww&a ex. Pgrrntra and Oth cr Boadu 5.1. CONI-RAMR shall furnish Performance and Pay- ment ayment Boards. each in an amount at last equal to the Contact price as security for the faithrill perfomuncc and payment or all CONTRACTOR's obligations under the Contact 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 stall also furnish such other Bands as are- requutd by the Supplementary Conditions. All bonds shall be in tine form prescribed by the Contact Docu- mcnts except as provided otherwise by Laws or Regulations. and &hall be executed by such sureties ai are tuned in the current list of"Companies Holding Crrtificaaesof Authotity as Accepmbta Sureties on Federal Rands and as Acceptable ReinsunngComparucs"As published inCireuW570tam ndedi by the Audit Mari. ilwx;Lu of [government Financial Opera- tions, U.S. Treasury Department. All Bonds signed by an a*C;uti s w-w-.^w+iK=.Cd by e z=--ifitd.1Df sch', +.s W;, p y ,. u authority to act. 5.'_. if the surety on any Bond furnished by CONiRhC- TOR is declared a bankrupt or becomes inualvem or its right to do business is tcsrrtinated in any state where any part of the Prosect is located of it cratses to meta tilt requirements of paragraph 5.t. CONTRACTOR shall within Icndays thereafter substitute RnOil cr Bond and surety. bath of which must be acceprablt to OV NIM. 5.3. Lkensed Swvfies and Imium, CervVicar s of l--ttrr: 5,3.1. All ponds and insurance required by the Contract f?oeuten tt to be r:.rruh,scd 9rAn'.tirrt2iry_dby(":'N".Kor companies that are duty licensed or authorised in theriuris• diction in which the Project is located to issue Bonds or insurance policies for the- limits aryl coverages to required. Such surety and insurance corrWits &hail also meet such additiortat requirements and gtsslifrcations us shay be ptv. vided in the Supplementary Conditions. 5.3.2. CON RA17MR shall deliver to OWNER. with copies to each additional insured identirred in the Supple- mcrtmry Conditions. cenffieates or insuran= bend other evidence of insurance requested by OWNER or any other additional insureds which CONTRACTOR is required to purchast and maintain in accordance with paragraph $A, OWNER shall deliver to CONTRACTOR- with copies to cxeh additional insured identified in the Supplementary Corylitions. eenifitates of insurance rand other evidence or insurance requested by CONTRACTOR or any other addi- tional insuredt which OvdNER is mquired to purchase and maintain in accordance with paragraphs 5.6 and 5.7 hereof. CONTRACTOR's LLabihry lnrurcnct: 5.4. CONTRACTOR, shalt putehase and maintain such liability and other insurance u is afrproptiate for the Work being performed And furnished and a4 will provide protection from claims set forth 'below svlricfs MY arise out of or result from CONTRACMR's performance and furnishing of the Wotk and CONTRACTOR's other obligations under the Con- tract Documents. whether it is to be performcd or furnished by CONTR_A=R. any Subc mtractororSupPlicr. Irby anyone directly or indirectly employed by any of them to perform or furnish any or the Work. or by anyone for whose acts any of them may be liable: 5.4,1. ckirns under workers' compensation. disability benefits and other similar' employee benefit acts: 5.4.'_. claims for dartnagcs because ®f bodily injury. oc- cupat oral sickness or disease, or death of CONCRAC- 7UR's employees; 5.4.3. claims for damages because of bodily injury. sick - ,__c err Aivatr, ear desth of anv person other than CON- TRACTOR's employees: 5.4,4. claims for ds+ 2gcsinsufedbycustomarypersonal injury liability cove Wr which arc sustained: sit by any person as a result of an offense directly or indirectly related totheemploymentofsucltpersonbyCONTRAC F-orfiil by any other person for any outer reason; 5.4.{. claims for darn;t€.e:. other than to'the Morse half, bccusc of injury to or destruction of tangible property wherever located, including loss of use resulring therefrom: and j.4.6, claims for damages because or bodily �t of the tier of any prrz+t. lir property dArrace arising t chute C-1 • itis policies of insurance sa required by this paragraph 3.4 to be purchased and maintained shalt: 5.4.7. with respect to insurance, required by panFztrtu 5.4.3 tl$rough 5.4.6 inclusive. include as additi" insureds (subject to any ut ry c"Atisiwort in roped of proles- skgW IiIWicy) OWN ER. EiNGINEER. ENGINBER79 Cott- tulunts and any other persons or entities identified in the SuppienicM ry Conditions. ala of whom gdl be listed as additional insureds. and include coverrpe for the respective off=m and employees of all such addidgr l insureds; 5.4.8. include the specdite coverages and be veritun for not kss timet the limits of llityb� ed in Supple- Uws or �� mentary Conditions or required whichever is peaeer. 5.1.4. ind udc eanrpleted OPesWons 1=rance; 5.4.16. include cona'aenral liability insurance covering GY3f TRjiLCMR-s indemnity oblivtiofra under fsts107Phs 6.12.6.16 and 6.31 duough 6.33. 5.4.11. contain a provision or cndorsesncnt tint dtc cavcrage afforded will not be cancelled. matcx lily changed or renewal retuned until at least thirty days error written notice has been given to OWNER and CONTRA=R and to rich other iddidonai insured idendfial in the Supptemttn- tasy Conditions to whom a cenificate of insfnec has been issued (and the cenifiates of iinsvrancc furnished by the CONTRAMR pursuant to 111119MA 5.3.2 will so pro- vide); 5.4.(2. rt:main ineffcuat leastvnd4 final paynr�enall ernes thereafter when CONTRACTOR may correct- ing. removing or rcpL16ng defecrive Work in accotdarteo with paragraph 13.12: seed 5.4.13. with respect to completed operations insursn" and any issue== coverrge .yri= on a calms-nsade basis. rentaitt in effect far at lest two yells after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in rhe Supplementary Candi- �Y .. tinefsp s to wham s ctnste of iruwurcc <<:s .....-.. t•. -r-- evidence =d3f=nry to OWNER end any such L"615rrwl insured a conanuarion of such insumcc as final payrric,tt and ane year therGafterl. OWNER "s Liu VJ4 lnnsrurece: yc spat the Work ai the lite in the tuntount of the full replacemrnt cost thcfcof (subject to arreh deductible amounts n may be pmvidcd in the Supplasxntiary Conditions or requited by Lsws and Regulations),.1111 ittstwu= shall; include the E 4 NGM #E . ENGiNiEUVZ Can- 'It?R, gtrbcortuptars, sulnstts and any other' !setons or entities idea fied. In the Suzy Cotxiitiatu. each of wham is decsnod to have an Insurable interest and shall be listed as an huured ar sddidonxi insured,. 5.5. in add:uon to the iftsurartce regraired to tee provided by coNTRACTOR under par+graphS.A.OWN ER.3t OWN ER's option. may purednse and mainwn at O"ER's expense f)WigEWI own liability insur-u= as will pmrcet OWNER agliOU claims which myy arise from aperauons under the Contract Documents. ptvperY} frruusrfrnc; 5.fi. 11n1nsatleerwiv pt lvicred itr r. $ ;xplemenrxry rem, 5.6.2. be written on a iluilder's Risk "RE -tisk" of open P=nl ur spedal causes of ion policy form thu IW at kMI include inasrw= for physicsi Iona or damage to the tcmparary buitdirtgs, falsewotkand Walk in tran* and slnil in= apinst at kart the Mcwiug Was fine. iiof&q. extended coverage. then, vandalism wad Malicious miz i * cartlsgrrake. colhp$r,daxis removzl. deuso4tioa a otmd by qt&x mmt of Laws and Regtdalio . waw d—,2M and such orbs' Pens as may be std Y reg Supplementary Conditions'. 5.63. include expenses ioc until in the repair or replace merit of any insured ptvperty Cncludini but not liodt'e d to reel and ehwucs of engir— anti architccrs): 3.6.4, cover tr -IfnF lis And equipment stored at d i c site or ar another location thu was grm ad to in wtiting by O'R'NfER prior to being incorponttd in the VAurk. provided this suo rrtatertals and egwpcncnt have been included in an ApP1re~. tion for Payment recarr mtOded by ENGINEER; and 5.6.5, be trWntaincd in effect enol final payment is unicss otherwise agreed to in writing by OWNER. 'CON TRACTOR and ENGINEER with thirty days wtiacn notia to rash cater additional imumd to whom a =Vdficzte insurmcc hu L-ccn issued. 5.7. OWNER shill purctr= and maintain such boiler w- fnacdtinerY Frrsuranca or additionsi prxrpctty istsusaxt *� m be Mquiraf by the 5uppiemcsttary f:on3ieors as lswa pcgfdaffions wlurh will ir4ude the interCs t of OV -1-10 CON i St tiCR7R strbconrta.�ars. ENtGINl Edt. nivGil t� Comulmms and any other persons ar entities icirnufied in Suppiemcnrxry Conditions. each of whom is deemed ted an insurabte interest and shill ix listed as an addltion3l in.—d. 5.9. A4 the policies of insrsrarsce land the ec. ff Porch""' and U Other evidence thereof) fequh"d o b p �' 5.6 err tairrod by OWNER in ihas U will contain a provision or crodos's to g� 04, trate afforded will not Fre cancelled ar aY wrl=n trot. tis givent until as iFt� CON � to e even to OWNFR aC !mum— has c addriottal insured to whom a firata dais In arcotdastCa a$ue+i Ind will contain waiver pelvis C] 40 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors orothem in the Work to 1 b extent of any deduetible am5uttts that ane identified in the Supplementary Conditions- *Me risf: of loss within such iden- tified deductible rtrwunt. will be borne by CONTRACTOR. Subcontractor or othc s sufferirtg any such loss and If any of them vrisltes property insurance coverage within the limits Or such amounts. cath may purchase and maintain it at the purchaser's own expense. 5.10. it CONTRACTOR requests in writing tttat other special insurance be included in the rmperty insurance policies provided under paragraphs 5.6 or $.7. OWNER shall. if possi- b1c. include such insurartec. and the{hdlllr e Charged to CONTRACTOR by a profnuc Written Amendment. Prior to commencement Of the Work at the site. OWNER shalt in writing advise CONTRAMR whether or not such other insurance has been procured by OWNER. 5.11. 4Ya:i r, r aj R r';herr' 5.11.1. OWNER and CON'f'RAC UR intend that all policies purchased in accordance with paragraphs 5.4 znd 5.7 will protect OWNER CON'T'RACTOR. Subcontractors. ENGINEER. ENGINEER'S CortsulLmu and all other per- sons or entities identified in the SupPlcmtnrary Conditions tO be listed as insureds or additional insureds in such policies and will provide primary coverage for alI losses and 4artaagcs carr sod by the pedis coveted thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or drrmge the insurers will hzvr no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against e=h other and their respective Officxrs• directors. employees and agents for all losses and damages caused b5. arising out of or restdtin g from any or the perils covered be suds palicics and any other property insurance applicable to the Work; and. in addition. waive ail such rights against Subcuntractcns. ENGINEER. ENGINEER's Consultants Bund all other persons or entities ideatffied in tlta Suppicmcn< t ;ry Cc:ndidow Lob, I+strA *t insureds or additional insureds under such policies for losses anti danatt: ser t rises ,.ons of the above waivers shall extend to the rights that any PInY malting such wLtivcr may have to the proceeds of insunutce held by OWNER as tnrStCC or atherwise payable under any policy so issued. 5.11.2 in addition OWNER waives all rights against CONTRACMR. Subcontractors. ENGINEER. ENGI- NE1~R's Consuhtutts and the officers, dircclors, employees and agents of any of them, for. 5.11.2.1. loss due to business intenvption.loss Of use or other coaScqucrttial loss extending beyond direct Phys- ical loss or darrmc to OWNER's prupcny Or the Wort: caused by. arising out of or ruultinp from fire or other peril, vehether fir nor insurrd byOWN T'R: an -1 5.11,2. lass or dxmagc to the completed Project or part thereof caused by. arising out afar resulting from fire fir other insured peril covered by any property insurance msrntsincd on the completed Prcicct or pan thereof by OWNER during partial utiliudon pursuant to paragraph 14,tO. after substantial completion pursuant to paragraph 14.Ih or niter final payment pursuant KO Paragraph 14 -13 - An Y 4,13.Any insurance policy mainWntd by OWNER covering any loss. damn fc a consequential loss referred to in [lits Mragraph 5.11 2 shall contain provisions ro the effect that in the cveatt Of pavement of any such lom darnaec or eonsequtntial lass the inxurcrs will nave no rights of recovery against any of CON- iRACTOR.Subconuactots. ENGINEER. ENGINEER'sCoo- suitWntc and he officers. directors. employees and agents of any of them Rettipt and AppLkid4 n of insurance 11roowds 5.t"_. An!� insured loss under the policies or insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER sea's made payable to OWNER as fiducury for the insureds. as their interests may appear. subject to the Mcluire- mctus of any applicable mortgage etause and of parapmph 5.13. OWNER "i deposit in a scparzte account any money so received, and shall distribute it in accordance with such agree- ment IS the parries in interest may reach. if no othcr'spccial aercemcnt is reached the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof and the Work and the cost thereof covered by an approptisse Gram's Omer or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and Settle any loss with the insurers unless one of the petits In interest stall Object in wriu'ng within fifteen days after the occur[ ,nceofloss to OWN JEW S exercise afthis powerif such obijection be mad c. OWNER as rid uciary shall make setticmenI with the insurers in a=rdanec with such agreement as the parties in interest may reach. If no such agrccrncnt among the panics in interest is trached. OWN ER as fiduciary shall adjust kind settle the lass with the insurers and. if required in writing by any party in interest. 0WNER as fiduciary shall 9ivc bored for the proper performance 7f such duties. Accrprc+ of 1304ds rend "MaOr:cr:Opti" to Repfate- S. tA. 1f either party (OWNER or CONTRACMP) has any oh r cti o n ser the coverage afforded by or other PrOvisiurrs of thv J 11onGs or insrlrutcc FugL'Ltcu iV "�: Purctdia r by she other party in aceordancc with Article 5 On the lsasis or non, onfonrlance with the Contract documents. the o6jccdng party shall so notify the Other palsy in writing within ten days after receipt of the certificates for other evidence requested[ required by Par'+ioaph 2 1.0W`NER and COKTRAC.TOR Shall each provide to the other soch additional infoalt &dOn in rupee f of insurance Provided as the other may reasonably esti tither pony docs not purchase or maintain alS of the ponds and insurance required of Such pany by the Conumzzt do..131111ent - such piny shall notify the other patty in writing of such failum to purchase prior to tite start of tltc Werk. or of such failure to maintain prior to any chsngcin the rcquiredcovcrage. Without prciudice to any other right or remedy. the Other party >wty elect to obtain equivalent bonds or insurance to protw such othtt party's interests at the expense of thee party who was • rcquircd to provide suFh coverage, and a Chang' Orda slut# be issued to adjust the Cootr= Priec acrnrdin=hy. 11Pm! Uelivaid++ ��'mF+�^ inrturmer: 5.15. If OWNER finds it necessary to occupy of use a portion orport'oons of the Wont pri orto Substantial Completion of all the Wn rk. such use or occupancy may be aocwrctplislaed in accotadancc with paragraph 14.10: provided that no such use or occupm,cy shall cor ntcnce before the inturcri providing the propcsty irlstmuwc have ackttawlcriged tw6ce thereof and in waiting clfectcd any changes in coverage meessitated thereby. The imu ren providing the property insrnancc shall coascia by endoraemcnt on the policy or policies. but the propaiv insur irlee stroll not be candled or permitted to lapse on aunt of any such partial use of occupancy AR11CLE 6•—CONTRACTOR'S RESPONSIBILITIES Superritiou and Superrrsttrtd— e- 6.1. CONTRACfORshall supervise impectand direct thc Work competently and efficiently, devoting such attention thereto and applying such skills and cxpenise as may he noct&sary to perfam, the Work in accorisrv,« with the Con. tr,a Documents. CONTRACTOR shall be solely responsible for the means methods. techniques. sequcncm znd procedures of constriction. but CONTRACTOR shall not be responsible for the negligence of others in the dcsign or spa:iricarion of a specific ntrsns, method. technique, sequence or procedure of construction which is shown or indicated in artd expressly required by Use Cnnu= Documcats. CONTRAC 0R shall be raponnirlr, to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACMR shads keep on Elie Work at all times during its progress a Competent resident superintendent. Who shill not be replaced without written notice to OWNER and ENGINEER rxoept under extraordinary enct=tances. the superintendcnt will be CONTRAC'MR's representative at the site and shall have authority to act on behalf of CONIRAC- TOR. All eommunicalions to the superintendent shall be as binding as if given to CONTRA=R. %era . Ma urudt raid Eq WBIRrrir_ 6.3. CONTPACTORshall provide competent.s111ULWygt:al- ificd penaniel to survey. hay taut and construct the Work as required by the Conuart. Documents. CONTRACTOR shalt at all ehmes mairlWn good discipline and order u the sire. Exccpt as othcrwisc roquirrd for the safety or proEovion of persons or Elie Work or pmperty at the site or adjacent thcrrw. and exec pt as otherwise `rrtdicated in the Contract Documents. aft Work at the site shahl t� performed during rr?ularwofkiDf hours amt 4:t]t1TRAG Lift will tsar {emit overtime work or the pctfor. mance of Work an Saturday. Sunday or any legal holiday without OWNER'S written consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specifsed in the General Requim. mens. CONTRACTOR shall furnish and assttmc full rcsport. slbility for all mawria- equipnsertt. tabor. --portuion, coir strncoon equip W— and )'. tools. apphiutces, Roel. power, light. heat. telephone. water. sanitary Faci;s'tim tcmpo- rare facrli6cs and all other facilitics and incklentals nary for the furnishhrtr. pctforsrr =. testing, start-up and comple- tion of the We it 6S. All materials and cguipasenc sludl be of goW quality and new. except as otherwise provided In Idle Contract Doerr ments. All warranties Anel gttuaatrxs spacifiraslly rallad far by the 5peafttsstions shalt expressly ma to the bawfitafOWNFR. If mps4rd by ENGINEER. COIR shalt furnish satisfactory evidence (including reports of tcquired tests) as to the kind and quality of rttucriah and egtapalcrtt. All rtsueaials and equipmeait shall be applied. installed. corutected. erected. used. cleaned and conditioned in acsaaWW= with instn-io- of the apocabi, Supphser. except as odx,,*ise provided in the Contract Documents. Pragror 5chaLuls: 6.6. CONTY{AGTOR shat! adhere w aha progress sghrduk established in acaordattce with paragraph 2.9 as it 'nay be adjusted from titne to dntc as provided below' 6.6.1. CONTRACTOR shall submit to ENGINEER for acccp=ce tto the extent indicated in paragraph 2.9) Pro- posed adjastmenls in tiff prows schedule. that. Will not change idle Contract Times for Milestones). Such: adjttst- menu will cartfocm generally to the pnrgnesz scttedule then in effect and additionally will comply vmh any provisions of the General, RequiremcAS applicable therrw. 6.6.2. Prod o adjustments in the progress Sehedule that will change the Contract Times for Milestoncsl shalt be submined in accordance -idi iherquirr.tt-rttsof p-'rnr�'ph 12.1. suet, adjustments nay only be made lQy x a"— Orderor Written Antendrnent in accordance with Araiele 1''_ 6.7. Subsdairrr out "Or*Equar' Bens: 6.7.1. Whenever Jul item of maWrW or caul by using specified or deacribcd in the Contract Dccurn tnrenr is die mane of a propricury item or the UJUDC of IS partkAllar Supplier. the speeifiearion of description is 4rcr'ed to establish the type. function atoll quality required. Unless the specification or dcsaipLion contains a is followeed by we'rds reading than no like.. cgvivalent or "or -equal•• item $r no substitution is permitted. other items of rmz -tial or cqu,v ment or material or equipment of other Suppliers tMy be accepted by E NG I N EER u nd er t he fotlowi Ill" 40 40 6.7.1.1. " Or-Enuer ', If in ENGINEER's tolediscre- tion an 'stem of material or equipment proposed by CON{ TRACTOR is funtUMS-Ity equal to that named and tuffs' cientiy similar so that no chanpc in related Work writ be required. it may be considered by ENGINEER as In "or -equal'• item. in which case review and approval of the proposed item may, in ENGINEER's sole distinction. be accompiishod without compliance with some or all of the requirements (oracceptaricx of proposed substitute items. 6.7.1.:. Subs1hurr tremor: If in ENGINEER's rode discretion an item of material or equipmcm proposed by CONTRACTOR does not qualify as an -or -equal- item under subpsra.ysaph 6.'1.1 A- it will be considered a pro- posed substitute item. CONTRACTOR shalt submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equiprr>ent proposed is essentially equivalent to 11,11 tsamed and In wxmprable subatitutc thercfor. Tire procedure for review by the ENGINEER wilt include the following a supple. mented in the General Requirements and as ENGINEER may decide is appropriate under rhe circumstances. Re- quest, for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other titin CONTRACTOR- If CONTRACI[7R wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shalt first make written appli- cation to ENGINEER for acccptancc thereof, certffying that the proposed substitute will perform adequately the fun.dons and achieve the results tatted for by the general design. be similar in substance to that specified and be suited to the €erne use as that specified, The spOieation evil! state the extent, if any. to which the evahniion and acceptance ofthcproposed substitute will pteiudiceCON. IMAC OR's achievement of Substantial Completion on time. wtrethe r o r not a=ptan ce of itv: substitute for use in the Work will require a change in any of the Contract Documents ter in the provisions of any other direct contrr.at with OWNER for work on the Project) to idem the design to the proposed substitute and wliether or not incorporation or use of the substitute in cortw=ion with the Work is suirjeet to payment of any license fee or royalty. All vtitiarions oftht: propoicd st:`•'.titut,: from that specified will be identified in the appilcarion and avariibic maintenance. repair and topl2cancnt scrvict: will be indi- cam d. The apptication will also conuin an itcrnirixi esti mate of all costs or credits dtat will insult directly or indirectly from reecptutce of such substitute. including costs of redesign and claims of other eonuactars affected by the resulting Change. all of which will be considered by ENGINEER in evalumin6 the proposed substitute. EN- GINEER nuy require CONTRACTOR to furnish addi- tional data about the proposed substitute. _ 6,7.13. CONTRAlCTOR's Expense: All data to be pn vvidcd b� CONTRAC GR in suppan of any proposed ..or -equal" or substitaic item will be au CONTtiILTOR's expense. 6,7Z Suirtruurt t:wtarruo_rron .{(r+h. -ds ar Treads . ca: i i a construction is shown orindicatcd in and expressly required by the Contract Documents, CONTRACTOR may furnish or utflixt a substitute metra. rnethod. technique. sequence or proctdurc of construction acceptable to ENGINEER. CON- TRACTOR $hall submit sufficient information to allow 'ENGI- NEER. in ENGINEER's sok diiscre,6on. to detcnninc that the substitute proposed is equivalent to that cxpresaly called forby the Conuact Document%.'The procedure for review by CNGI- NEER wilt be similar to diet provided in subpxragraplt 6.7.12. 6.7.3. Enginreo,$ Eval earion. ENGINEER will be allowed a reasonable time within which to evaluate raeh proposal or submittal made pursuant to puagtaplts 6.7.1.2 and 6.72. ENGINEER will be the tote judge of acceptability. No "ory udtud" or substitute Will be ordered. insudled or utilised without ENGINEER's prior written acceptartcc which will be evidcticsd by either a Change Order or an approved Shop Drawing. OWNER may requite CONTRACTOR to furnish at CON'TRAC,OR's expeue ra spctiai perfotniatce gkurantec or other surety with respect to any "cr-aquas" or substitute. ENGINEER watt record time required by ENGINEER and ENGINEER'S CO —it— in evaluating substinrLea ptaposcd or submitted byCONTRACTOR pursuant to paragraphs 6.7.12 and 6.7-2 and in madcingchanges in the Contract DeCtirrenta for in Clic provisions of any other direct contract with OWNER for work on the Prajeaj occasioned thereby. Whether or not ENGINEER accepts a 11ubs6nite htcrrr so proposed or saLmilt- led by CON RA['MR. CONTRACTOR shall reimburse OWNER for the chins of ENGIN 9 ER and ENGINEER's Consultants for cvaduating each such proposed substitute item. CoUC,,,drrg Subcanonscrnrs. Suppliers and ddurr: 6,8.1. CONTRACTOR shall not cmplov any Subcon- tractor. Supplier or other pc -Mon or otgxnoxatiolt (including those acceprihle to OWNER and ENGINEER ads indicated in paragraph 6.8.2). whether initially or as a substitute„ against whom OWNER or ENGINEER may have reason- able obiccdon. CONTRACTOR woad( not be rcgtirred to employ any Subcoramtor. Supplier or other person or orgardzatiorr, to furnish or perform any of the 'Work against whom CO NTP k MR bas reasonable objection. 6.8.2. If die Supplementary Conditions require dic iden- tity of certain S uL_0CnU=to rs. Suppliers or other persalts or orpaixadons (including those who an to furnish the princi- pal items of materials or cquipmem) to be submitted to OWNER in advance of the specified date prior in the Effective Date of the Apnx ocnt for acceptance Eye a a and ENGINEER. and if CONTRAC1rOR has Cte d list thereof in scturdaace with the Supplcmmu-y tions. OWNER'S or ENGINEER'( aceeptstrco fcither in wriung or by fwling to rn,�Lke written ntrjection thereto by the .date indicated dor acceptance or ob'lection in the bidding documents or trite Contact Doeumcntsl of any such Subcan- u=or. Supplier orotherperson ororgiruxadon so iden tified may be revoked on the basis of reasaoabte objection aftcs due investigation. in which case CONTRACTOR &h lilt b' ti;. :r scccptib!- s! k,oittur. the Contract Price �.a.......i ..i f...• �...... _IiLT; , 'ri'_ ' "f7f 'W'%' d by i'V11 CI • the PMjcct •,vhich are,ppli-ble during the perfOtnranec of the !York. the of Prrmuxs: 6.16. CONTRACTOR shall confine construction equip. mt, the storage of materials and equipment and the opera• at ed in and Batts of workers to rile site andritifi 'CUM AM arras permitted by rhs e Contract Docu thenand permitted by laws and Regulations. rights -of --y' Perth easements. and Shull not Unreasonably encumber the premises with construction equipincrtt or other materials or equipment. CONTRACTOR shill assume full responsibility for any dam- age to any Such lased or arc& or to the Owner or occupant thereof Or of any Sdiacent land or arras. Mulling from the performance of the Wolk. Should any claim be made by any such owner or occupant because of the performance of the Wort. CONTRACiOR•sh" promptly scale with such other party by negotiation Or otherwise nesolve the claim by arbiva- tion or 'other dispute resolution proceedins or at law. CON - TRACTOR Shall. to the fuliest extent permitted by Laws and Regutadons. indemnify and hold hartracss OWNER. ENGI- NEER. ENGINEER's Consultant and anyone directly or indirtcmly employed by any of them from and tent all claims. costs, losses and danta Tea arising out of or resultittt from any ctaitn or action, legal or equitable, brought by any such owner or occupant against OWNER. ENGINEER or any other party indemnified ircrettndcr to the extern caused by or based upon CONTRACTOWS ttcrfornnanee of the Wort:. 6.17. During the progress of the Work- CONTRAsrTt:]R Shall keep the premises free from accumulations of wase materials, rubbish ardother debris rtsuitingfrom rhe Work. At the completion of the Work CON'litACTOR shall remove all waste materials. rubbish and debris from and about the pre- mises as well as all tools. appliances. construction equipment wed machinery and surplus materials. CONTRACTOR shall leave the site cleats and t=dv for occupancy by OWNER at Substantial Completion of the Work. CONTRAMR shall restore to original condition all prppeny not designated for alteraijon by the Conti= DOCurocnu. 6.18. CONTRAC:7OtT shall not load nor pmrin any "t �f any stntcture to be loaded in any manner that will endanger the the structure. nor shall CONTRACTOR subject any Pa t Of Work or adjacent property to stresses or pressures that will cndangcr it. Record Docvlments: she Work. these record documents• S amplcs and Shop Draw. ings will be delivered to ENGINEER forOWNER. 5afrry amf Prwcrdan: 6.M. CONTfRAMR shall be responsible for initisdng. maintaining and supervising all safety pmeauSrons and pro- grams in connection with trite Work. CONTRACTOR stall take all ncets$M prrcautiom% for the safety of. and shall provide the necessary protection to ptevcnt damage. injury or loss to: 6.'fl.l. all persons on the Work site or who may be affected by the W(rk: 6 20_^. all the Work and materials and equipment to be incorporated therein• whether in storage on Or Of the site.- and ite:and 8.19. CO1siTrA+G'IOR shill maintain in a save place at the sive erns rUaord copy of all l]rawings. Specifications. Addenda. Written AMcndmettta, Change Orders. Work Cfange Diree rives.: weld Orden and written interpretations and clarifier• tions tissued purwant to paragraph 9.41 in good order and annotascd to show all changes made during construction. these record docurrmcnts together with all appruvod Samples end a crktntcrpart of all approved Shop fltawumf's will h^ . , .r. I., trvw rci rr yr lI+ N, r,nr, (trt.tm Of 6.103, other property at the site or adjacent thereto. including trees. shrubs. lawns, walks. pavements. roadways. structures. utilities Sad Underground Facilities not deli;- nated for removal. redoraiior or t eplacement in the a9urse of construction, CONTRACTOR shall comply with all applicable laws and RgMlations of any public body haw"mg jutisdictian for suety Of persons or property or to protect them from damage, ittjury or lass: and shalt erect and maintain all necessary nicguards for such safety and pruteCliOt�n NN' RA R sof lnnotify s and crs of adjacent Pro perty utility owners when ptasccutron of the Work may affect them, and stint eooperatc with [item in the protection. removal. relocation and ieplacerrxnt Of their property. Alt damage. injury or loss to any prtrpf_ny mfermd to in paragraph 6.20.1 or 6.303 caused. directly or indirectly. in whole Of irt P"A'kby CONTRACMR. any Subcontractor. Stipp' rany er person or orFartiaation directly or indirectly employed by any of them to perform Or furnish any of the Work or anyone for vrttoise aets any Of them may be. liable. shall be temWied by CONTRACTOR (except damage or loss aclaiWiable to the tach of Drawings or SpecTi zsions or to the ants or omissions of OWNCRO r ENGINEER or ENGINEER's Constiltant Of nyn- Inuhi by anv of them oranyonc fv whose sets any of them may be ii..'r. and not sttrdbettlr. dimly or indi- rertiy. in whole or in put, to the fardt or negligence of MKTRA MR or any Subcontractor. Supplier or other per- son Or orguuzation dircaly or indirectly employed by any of rllcm). CONTRACTOR'S duties Sad respormbilities for safety and for protection of the Wort[ shall continue until Such time IS all the Work is complett.S and ENGINEER has issued a noucc to OWNER and CONTRACTOR In asoondartce with para. i gs: ph 14.13 than 111c Work is acceptable [except is otherwse expressly provided in connection with Substantial i-omplc- tionl. Sxtfra;r Rryrrun[�i•r: 8 I. CONTRACTOR stall dcsi-ate aqualified and cxpe- rierttcsl safcry nurc'':,'a"''vc at the rnr whose duties and CI 40 responsibilities shall be the prevcridon of Xcddents and the maintaining and supervising o{ safety praautions and pm• ptariu. ffarrad cvr wtaffkxu sn Pmgrmrnl: G?? CONTRACTOR shall be sespo-Ur for cocrdinatiog any cxct=gc of material safety data shceu or other hazard communication information required to be made available to ar exchanged betwcen or among emPloyers at the Hite in accor- dance with I.+ws or Regulations. 6.23. in emerpcncies affecting the safety or ptotcetitln of persons or the Work or property at the Site or adjacent tliereto. CONTRACTOR. without spaiaf irrsttuuion or a>t- thorivrion from OWNER a ENGINEER. is obl PPA to act to prevent threatened damage. hquty or Io1s. CON- TRACTOR stall live ENGINEER prompt written nodee if CONTRACTOR bclicves that any Signuheara charrfes in the Work or vari 4P f3ocuments unless CONTRAMR has in 'writing called EN. GINEER's attention to each such variation at the time of submission as required by paragraph 6:5.3 and ENGINEER has given written approval of aaeh sock variation by specific wntIcn notation thereof incotysotated in a aecampanying the Shop Drawing or Sample approval: nor will any approval by ENGINEER relieve CONTRACMR from rcspanst'billty for complying with the requirements of para{rraph 6.25, t. 6.28, Wherc a Slwp Drawing or Sample is rcrluirtd by the Cont= Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required b paragraph ? 9. any related Work performed prior to ENGt- N EER's res.iew and approval of the pertinent submittal will be at the sole: expense and responsibility of CONTRACTOR, iC'onwiLdne the 'Work' 6.]9. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagscemats with OWNER. No Work shop be delayed or postponed pend- ing resoiutwn of any dissxttcs or disagmerricnts. except as permitted by paragraph 15.5 or as OWNER and CONTRAC- TGR may otherwise agrtc in wtitinp. 630. CONTRACMR'49 Gesteral Warranty and Gt:' 6.30.5. CONTRACTOR warrants and guarantees to OWNER. ENGINEERand ENGINEER'S Consultams that WI Work wilt be in accortialtce with the Conuact Documents and will not 'lie dejcvive. CONT AICTOR's warranty and guarantee hereunder excludes defects or damage caused b)': 6.30.1.1. abuse.modificationorimpropermaintctiance or operation by persons other than CONTRA:MIL. Sub- cortuactnrs or Suppliers: or 6.30.1 nomial wear and tear under nonnad usages 6.30.2. C:ONCRACTOR'sobligation toperform and com- plete the'Work in acw; dasx wii;- yew C solei"--e..i shall be absoiute. None of the foliowing will constitute ter accepumcc of Work that is not in ocean-9cc %yah the Contrau:t Documents or a retease. of CONTRACf'OR's obli- gation to perfocal. the Worst in accordance with the Contract Documents: 6.30.2,1, observations by ENGINEER: 6,3q:t.3. rocon rnendition of any srtoiuS<. Of ficin payment by ENGINEER: 6'30.n. he issuance of a certificate of Substantial Compietiort or any payment by OWNER to CON'i'RAC- TOR under the Contract Documents: 6.30.2.4. use or occupancy or the Wilk or any Pat, c -f'")f by ()WN5 R: 6.34.:.5, any accepunce by OWNER or any faitutc to do so'. 6.34.2.6. any review and approval of a shop Drawing or Samnlc submittal ar the issuance ora notice ofaccept. ability by ENGINEER pursuant to paragraph 1.1.13: 6.301-7. any inspection, test orapproval by others: or 6.30.2.8. any correctionofdrfecdveWork byOWNCR. lndemnificAlion: 6.31. To she fullest extent permitted by LAWS" ReguL'a- tions. CONTRACTOR shat) indemnify and hard harmless OWNER. ENGINEER. ENGINEER's Consultants and the officers. directors. employees. agents and other consultants of each and any of them from and against all claims. costs- losses and darnaees [including but Mit limited to all foes and elra[$cs a cnginecrs. architects. attorneys and other professionais and &II court orarbaratio n or other dispute resolution costal caused by. arising out of or resulting from the perfomsanec of the Work. provided thatany such claim, cost. loss ordamagc fit is auritwmble to bodily injury. sickness. disease or death. -or to inyuv to or destruction of tangible property (other than the Work itsclrl. including the lass of use resulting thearfrom. and Siir is caused in whole or in p= by any n4igent act 'Or amiSSion afCON-Li ACTOR• &ny 5ubconiracto . anySupplicr. any person or orpairation directly or indirectly employed by any of thorn to perform or furnish any of the Work or anyone for whose acts anv of Uietti may 'h - liable. rec:sdless of whether or not caused in pan by any negligence or amissian of a person or entity indemnified hereunder or whether liability is imposed upon such indemnified patty by iawsattd Reguladarts regard- less of the negligence of any such person or entity. 6.3'_. In any and all claims against OWNER or ENGI- NEER or any of their respective caraultar fYh rtes' Off1cc s" directors or craployees by any employee or personal representative of such c.nploycei of CONTRACTOR. any Suhconuactor. any Supplies: any parson or osraniration directly or indirectly employed by anY of them to perform or fumish any of the Work. or anyone for whose acts any of them may oc Rabic. the irwuniunati G .,rte "-'"d 6.31 shalt not be limited in any xray by any limitation an the arnuunr or type of damages. compensation ar benefits Payable by or for CONTRACTOR a any such S%tbcantractar. Supplice or adicr person or or�aniration under workers' compensation avis. disability benefit acts or other employee bcnefu acts. 6.33. The indemnification obligations Of r:ONTRACCOR, under paragraph 6.31 shall not extend to the Iiability of ENGI- NEER and FNGlN2CI" Consulwlts. affroers. direcscors. cmployccx or agents rauscd by the professional neglig errors or or.ussions or any of them. Setr%.i.nt rt%O6rirur+ens; 6.34, All rePrCSCntaticns. indemnifications. wurantics and Ftcauantccs made c:c. rc :;, ! by n+ given in ,cocdancc with El 40 the Contract Do=Frents. as well as all continuing obligations indicated in the Conuact Documents• will survive final Pay- ment. ayment. camptction and acceptance of the Work and temrination or completion of the AM mcnt. ARTICLE 7 --OTHER WORK Related Wank af Site: 7.1. OWNER may perform other work related to the Project at the site by OWNED s own forces. or let other di Fra co, ntrdcu therefor whir it shall contain General Condi• dons similar to these. or have other work performed by utility owners. If the fact that ouch other work is to be p ,rformcd was not rated in the Contract Documents. then: M written notice thereof will be given to CONTRACTOR prior to Starting any such other work. and fill CONTRAC- TOR may maize a claim therefor as provided in Articles I t and 12 if CONTRACTOR believes that such performance vrill involve additional expense to CONTRACTOR or rt - quires additional time and the parties are unabhc to agree as to the amount Or extent thereof. 7.2. CONTRAMR shall afford each other contractor who is is parry to such a direct rrintra.et and each utitity owner tand OWNER, if OWNER is performing the addi- tional work with OWNER's emptoyecal proper and safe ams to the site and a reasonable opportunity far the introduction and storage of materials and equipment and the execution ofsuch other work and shall properly connect and coortlirtatc the Work with theirs. Unless otherwise provided in the Contract Documents. CONTRACMR shall do all cutting. fitting and patching of the Work that may be required to make its several -puts come together properly and intc- grata with such other work. CONTRACMR shall not en- danger any worker others by cutting. excavuing or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others «5:. ^�r+t• uryrr �A:wiA, 7'ha duties and re Tlonslbilitie: of CONTRACTOR undcrthhs paragrapitare for the t"erit of such utility 6mcrs and other contractors to the extent that there are comparable provisions for the bencdt of CON- TRACTOR in said direct contracts taetvrcen OWNER and such udlity owners and other contractors. 7.3. If the proper execuuar, or restuts of any pair .,r CoNTRA=R's :Wotk depends upon work performed by od-.c i under this Article 7. COK RAC MR shall inspect such other work acid prompdy report to ENGINEER in writing any delays, deface or deficiencies in such other work that rcndrr ii unavailable or unsuitxble for the proper executia,n and results of CONT RACTOR's Work. CONTRAC 11's failure so rO report will constitute an acceptance of such Other workas fit acrd proper for integration with CONTItAiC OR"% Work exccpt for tacent or nonappxrrntddmu and dcfi6cncics in such other ,or" Coordirt MON: 7.4. if OWNER contacts wi[hathen for the perform4tnce of other work on the Projectat the'I'im. the following will be set forth in Supplementary Coalitions: 7.4.1, the person. firm or corporation wito Witt have authority and reapontibiIity frx coordirta[ian or the aeriritiu among the various prime comm m will be identified: 7,4 the specific matters to be covered by such author- ity and responsibility will be itemized: attd 7.4.3. tare extent of such authority std responsibditics will be pro%ided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in msp= of such coordination. ARTICLE 8—OWNER'S RESPONSIBILITIES M. Except as otherwise provided in these General Condi- tions. OWN Eli shall issue all Camrnunicaflo[rs to CONTRAC TOR through ENGINEER. 3.1 In casc of termina4en of the employment of ENGI- NEER. OWNER shall appoint an cngir=r against whom CONTRAL"TOR makes no reasonable objection. whose status under the Contract Docurnenu shall be chat of the flamer ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contrdet Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8..;. OWNER's duties in respect of providing lands and easements and providing crrptsccrirtg surveys to establish nef- crosicc paintsare set ionh in paragraphs 4.1 arA 4.4, Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACMR copies of mWru of exp{orations and tesu of subsurface conditions at Elie site and drawings of physical in!"xiuingsuuaurGs at Uicur'dwacia ta.t. u! •-:..h= have been utilized by ENGINEER in preparing the Contract Documents. M. OWNER's responsibilities in respect or purchasing and maintaining liability and property insurance are sot forth in pardgrSphs 5.5 through 5.14. 8.6. OWNER is obligated to execute Change Orders u indicated in paragraph 10.4. 8.7. 0,WN ;r8'a rc'.FansiEikit. in respect or certain :nspec tions, tests and approval& is set forth in paragraph 13.4. 8.8. 1n connection with ()VrNER' a right to stop Wnrk o suspend Work, sec paragraphs 13.10 and I5.I- guagsaph 1.3. deals with OWNER-& right to terminate services or Chau -RAC -MR ,_,t,r ccrr21n cimm,tunces. CI 40 11,9. The OWNER shall not supervise, direct or have conual or authority over. nor be responsible for. CONTRAC- ToR's titcaats. methods, techniques. soque-nees or procedures of eons Lia coon or the safety preca:ttions artd prop atter i neident thereto. or for any Cailure of CONTRACMR to comply with Lama am Regulaapplicable to the Curnishir or ble fo• tions mae of tJtc Work. OWNER will not be responsible for nc CONTRACTOR's failure to perform or furnish the Work in acwrdxnce with the Contract Documents. 11,10. OWNER'S mtponsibility in respect of undisclosed Asbestos. FCBs. Fctroleum. ysysrdous Waste or Radiatactivc Materials ustcorered or revealed at the site is set forth in paragraph 4.$. 8.11. If and to the extent OWNER has arced 10 furnish CONTRACTOR rasOrt1ble evidence that fimrtcisl testy snents have been nude to satisfy OWNER's abhgatioms under the Contract Docuntcmts. OWNL•R's responsibility in respect thereof will be as set forth in tlae Supplementary Conditions. ARTICLE 9—ENGINEER'S STATUS DURING CONMUMON 0M,rRIs Rrprruntalirr: 9.1. ENGINEER unit tee O%vl4CR's rep.,-se;.sauive during the ccnsuuction period. The duties and respoitsnlailiics and the limitations of authority of ENGINEER as. OWNER'S rcpre- sentadve during construction are set forth in the Contract Documents and shall tot be extended without wtinen consent of OWNER and ENGINEER. Yids to 5'frcr 9.1 ENGINEER Wi11 snake visits to the site at intervals appropriate to the various stages of construction as ENGl- HEER deems necessary in order io observe as an experienced observations of CONTRACTOR's Work ENGINEER will trot supervise. direct. control or have authority over or be respon- sible for CONTRACfi}R's means, methods. teeh*ucs, ae- quences or procedures of constnsction. or thc•sufesy ptrcatt• tions and pmgrautts inddent thereto. or for any fatiltue of CONTRACTOR to comply with Lays and Rcfntlalions appli- cable to the fumishirT or performu%ce of the Wank. ar,d quilifedprete��tanaa made and the quality of the various aspects of CONTRAC- TO R's executed Wolk. Based on information obtained during such visits and observations. ENGINEER willendeavor for the ,,efiefn of OWNER to determine, in general. if rite Work is proceeding in accordance with the Contract Documents. EN- t':INEFR v411 not fait muired to make exhaustive a continu- ous on-site insptx'tions to check the quality or quantity Of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater dcgme of confidence that the com;llctcd Wc&. %rill conform rencraliy to the Contract Documents. On the basis of ouch vidts and on-site observations - E14GINile and will keep OWNER informed of the psogresof will endeavor to guard OWNER against defecaa"ve Work. EN - 01N EER's visits and on-site observations are subicct to all the limitauions an ENGINEER's authority and rr3p4nsibihty set forth in r,1rrrr2Ph9.11. and panirulariy, bw +.ilhoul limitation. -[:,11 "p iINH. I_ �i" r.n.cin, vC.ds or lrrujeer 1Reprcun=irc; 9.3. 1fOWNER arid ENGINl ER agree. ENGINEER will furnish a Resident Froicd Repaesrnutive to assist 'ENGI- NEER in providing more continuous observation of the Work. The ,responsibilities and audtorV and limitations thercan of any such Resident proket Represcnujuive and ausistanu will be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designate arrother representative or agent to represent OWNER at the site who is not ENGI- NEER's Consultant. RPM or employee. the refonsibtlitics and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. t laryfauaxcrca and lnrr�nr: 9.4. ENGINEER will issue With reasonable promptness such written clarifWW;Ons or Entespretadonss of the rcgttirc- menu of the Contract Doc'uutcros (in the form of Drawing or otherwise) as 'ENGINEER may determine nocczaty. which shalt be consistent With the intent of and reasonably inferable from Conuad Drrou,a,crru. Such vrritten c!yrif�lalns end interpretations will be bRndbtg on OWNER and CONTRAC- TOp_ If OWNER or CONTRACTOR believes haat a written elarikation or interpretatiOn justifies oar adjustment in the contract Price orthe Contract Times artd the paries etre trtuabte to agree to the amount or extent thereof, if any. OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article 11 a Article 12- A la1 2 Ala1 rtusd Vmi1`¢anr Gr Werth 9-5. ENGINEER may Luftrize rnsior variations in the a. e ti rr nrnu of the Contract Documents which do not involve an adjustmtent in t'le iter! destgrt rnttcept oC Conuacc T"uncs and arc campat� whole as indicated by Ute eomptctcd Project as a functioning ole as indicated ct by a the Contract Docwncaas. Thesemay be Feld Order and will be binding on OWNER and also on CONTRACTOR whO shaft perform the Wotk inv Olved rd"mPd y .._e:...... rr,ar a Meld Order tf tjyjNtK a COMMAC. OR w•.�.^ _� justifies an adjvsunent in the Context He tor o tlft-Couni p Tunes and the parties are unilate to agree R may Wane a extent themcf. OWNER or CONTRACM written claim therefor us ptsn iucu to ." : le I or t?. Rejecting Aefcctire Wors:r 9,6,. ENGINEER will have authority to disapfx'o"e or t'vrk %.iii: -I, F" r,1Frt •al' -7t t�elieves to be defective• or rt:ctt CA • this ENGINEER believes -lime ppodace a cemaploted Pmject that conforms to the Contract Documcnts or that will prejudice the integrity of die do sight concco of the completed Project as a functioning whale as indicated by the Conti= Docttttxttts. ENGINEER will also have authority to require Special iraT--- tion or testing of the Work as Provided in Paragraph 13.9. whether ,,(R the Work is fabricated. inttaltcd or completed. Shap 1)nr iFW. Chunee Ord -,vi and Parataruz 9.7. In connection with ENGINEER atnhOdtY�as h4 o Shop Drawings and Samples. sec Puz-mp inetU3 M 9.8. in connection with ENGME R's authority u to Change ()rdct3. sec Articles 10. 11. and 12- 9.9. In cotntcdon with ENGINEER'% atnlxnfily as to Appliadons for PaymcnL see Article 14. D,U,6 ctgnr Ar firm[ Priers: 9.10. ENGINEER wilt determine the acusal quantities am &,ss]larations of Unit price work perfomsed by CONi' ACv- TOR_ ER's orEER will dreview ter irrati on such tnuters befia with CONTRACMR the EN- GINEER`s prellm=natY rendering a wrinen decision thereon (by rteatttmusdati= Of an Application for Payment or otherwise)- ENGINEER'S written derision thercxm wall be firw and bindint upon OWNER and C -g1. TRACMR. untesa, within ten days after the date of any stsctn decision, either OwNER or CONTRACMR delivers to the other and to ENGINEER written notice Of intention to appeal from ENGINEEWs decision and: fit an appeal from ENGINEER'S decision is taker[ within the time limits and in accordance with time ptoeedures act forth in Exhibit GC -A. ``Dispute Resolutkm AF—tic, entered into between OtVNER and CONTRACMR ptsr tixW to Article 16. or fill if no such Dispute' Resolution Agreement has been enured into.. a [Drool proeOrd4ng is instituted by "Sppealing puny in a forum ttt of copetem. jurisdiction to exercise such right or mnadies as the appealing party may. Itave with respect to ENGINEER's decision, unless otherwse aprrcd in writing by wi1 1n� be tyi�FP�t. and G V Cl t 1(f�i.; UU i5.." -.u:;1 i ��}�=1 ' to the procedures of paragraph 9.11. pceisiurts ON D p,.+.tr a 1e. FpIG(NEER will be the initial interpreter of the requit2tncnLs of the %aorra+Gt Documents and judge of the r -t{xairility of the Work thereunder. Clairns. disputes and Other ataaters relating to the acccp[xbflity of [k,c Wok or the intersriciai+r,°: ritlw. rw ^-n" of rite ('nnirsrt Locuments pcnaining to Lhc perforlim— and furrnishing of tilt Work and Cairns under Articles II and 12 in respect of changes in the Contract Price or Cnntraet Times will be referred initially to ENGINEER in wridng with a request for a formal decision in a,rcrodum with this paragraph. Wtiften ttouee of each such i ea.t other M?11CtV 17I he dr'irtlY.a t.y"t"r Cl3 r^[lan[ Chdrrr, I o ENGINEER attd the other parry to the Agraement promptly Ibut in no event later thsri thirty daysl ahcr the cart of the occurrence orevent giving rise thereto. and written suppordris dale wall be submitted to ENGINEER and the other pang within sixty days after the start of stetti occssnence or event unless ENGINEER allows an wMitioad period of time for the submission of additiaura] Or mOm am= duo in supPost of such claim. dispute or other macer. The opposing patty clad submit tray rtxpansc to ENGINEER and the etaLwAt wit!dn orty days Sher receipt of the claimant's list submit al (unless ENGINEER allows additional time 1. ENGINEER will reader a femt_j decision in writing within thirty days after receipt of the Opposing prarey's subnmimat.. if any. in accordance with titin py,V"h. SNGINEEWS written decision an such claim dispute ortitres rturtAar will be fins1 arch binding upon OWNER and CONIFAMR unlesr. fit an appeal from ENGINEER's decision is taken + idlin the tune liaties and in act ante with the procedures set fes n en OWNER rind C ON- lutiott AUcesxat-'" 'i RAMR pur=mt to Article 16. or ill if no such f}iWele Resoltuian Apoesrent has been entered into. a wriaen notice of intention to appcal from ENGINEER's written decision is delivered by OWNER or CON YCRACMR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is insdntted by the appealing party in a [arum of ccmpctcm jurisdiction to exereise such rights or remedies u the appealing parry "nay have with respect to such claim, disputa or other nutter in x=rdamc with appllcabtc Laws and Regulations within sixty days of the date of stieh decision. unless Otherwise agreed in writing by oVINER and Gc i!TTRACTOR. 9.17, When functioning as interpreter and judge under pas graphs 9.10 and 9.l h. ENGINEER will not show partiality to OWNER or coNTRAC.'IC)R and wilt not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The tendering of a decision by ENGINEI:R pursuant tO ParagraPhs 9. t0 or 9.I i with m5pe;ee to any such claim. dispute or other miner (except any which have been waived by the making err acc-pence of final payment as provided in paragrapin 14.161 will be a condition prtvc, sn to any exercise by C ViNER or CONTRACTOR Of such rig -Ms or remedies as either may otherwisc havewader the Co nLmzt ijocuinertt5 or iziy Law1 w nc�.•yl`•:;'•^:any such claim. dispute.. or other muter pursuasat to Article l6. 9.L3. Lirruumonr are ENGIA'EFR's Atuiaorkf and Ru}wruxUTLdev uytti.rr L.AGINEER's authority or respansibil ity under this Article 9 or under any other Provision Of the Contract Documeaats nor any derasian made by ENGINEEJh in good faltlt either to exercise of not exartisc such authority orrespotnibstityorthe undMAUki-ems=ecrtv'6o' = of any authority or responsibility by E�NGINEL %Frail crate. impose or give rise to any duty owed by ENGINEER ro CONTRACTOR- any Subcomractor. uty Supplier. ar.,- other person or O{ganintran. of to any surety for or can- ployec or agent of any of thcM. 40 9.13 a, ENGINEFIRwill not supervise,dirrct.con- trol or have authority over or be responsible for CONTRACTOR'S mrans. methods, techniques. sc- quences or procedures of construction. or the safety precautions and prograrns incident thereto. or for any faikurc of CONTRAC 0R to comply with Latus and Regulations applicable to the furnishing or perfor- mance of the Work. ENGINEER Will not be rtspon• Bible. for CONTRACTOR's failure to Perform or fur- rush lite Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible forthe acts or omissions of COIR or of any Sub- contractor. any Supplier. or of any other person or organization performing or furnishing any of the Wort:. 9.13.4. ENGINEER`s review of the final Applica- tion for Payment and accompanying documentation and all maintenance and opatating in$L uctions, sched- ules, guarantees. bonds and certificates of inspection. tests and approvals and Other documentation required to be delivered by paragraph ICU Will only be to determine genetafiy that their content complies with the regtzirements of. and in the case of certinc3tes of inspections. tests and approvals that the results certi- fied indicate compliance with. the Contract Docu- ments. 9.13.5. Tile lirndtatiOnS upon authority and resp Oti- sibikity set forth in this pat�gmph 9.43 shall also apply' to ENGINEER's Consulranis. Resident Project Rep- resentative and assistAnts. ARTICLE lo --CHANGES IN THE WORK tu.a. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Atncndruentsl coviering: 10.4.1, changes in the Work which arc til ordered by OWNER pursuant to ParagraPh 10.4, tiii required bet ause or acceptance of defeerhy Work under paragraph 13.43 or correcting defective Work under paragraph 13.14. or 6441 agreed to by the parties: to -4 2. changes in the CSR imt Price or Contract Times which are agreed to by the partfcst and 10.4.+. lunges in the Contract Rice or Contract Tuncs which embody the substance of any written decision ren- dcrcd by ENGINEER pursuant to Pxn{rnPh 9.11: provided that.. in lieu of executing any such Change Order. an appeal may he taken from any such decision in accordance with the previsions of the Contract Documents and appikabie , Laws and Regulations. but during any such appeal. CON- TRACTOR shall tarry on the Work and adhere to the Pmgress zchl,edule as provided in paragraph 629. 10-5. if notice of any change affecting the general scope of the Wart: or the provisions of the Contract Documents (includ- ing, but not limited to. Contract Price or Comract Times) is rrauircd by the provisions ar any Bond to be given to a Surety. the, giVing of any such notice will be CONTRAC [OWS resPon- sibility, and the anwunt of each applicable Bond will be adjusted accordingly. 1().t. Without invalidating the Agreement and without notice to any surety. OWNER may. at any time or from time to time, order additions. detcrioaa or revisions in the Work. Such additions. deletions or revisions will be authorized by a Writtcn Amendment. a Change Ordcr. or a Work Change Directive. tf pon receipt of any such document. CU1 i1 RAC - TOR shall promptly proceed with the W9rk invol�,cd which will be performul under the applicable conditions or the Contract Documents {except as otherwise specifically pro- vided). 10. If OWNER and CONTRACMR art unable to agree t. as to the extent. if any. of ate Lgjustumm in the C- Livac, i �.:I- or an ad)UjtmCFit of the Contract Times that should be allowed i as a result of a Work Citanze fl trcavc. a claim tray be rade therefor as ptovidea in Article 11 or Article 1' L l0 3. CONTRACTOR shall not be entitled to an increase in rise (protract. Price or an extension of the Conn act Times with resptp any Work perferrttcd that is not required by the ect Contract Documents as amended, modified and supplcmentcd as provided in parimphs 33 said 3.6 exccps in the cue of an r cnreftency rc prvvticd in Dasa a'af?r 0,23 x in . I .SC of ARTICLE t I ---CHANGE OF CONTRACT PRICE ILL. The Contract Peke constitutes the total cpnlPcnrsa- tion [suble=t to aardtosized adju$umntsf payable to CON- TRACTOR for performing the Work. All. duties. responsifnli- acs and obligaxions assiVV0d to or u ndcrnkcn by CONI"RAC W R Shall be at CONTRACTOR's expense withotrr ehan$e in the Contract Price. it �ucUi_.I- rn=yoonly be. ch;mred byaChance Order or by a Written Amendment. Any claim for an ad} uv - malt in the Contract Price shall be based on written notice delivered by the parry ma%tiag 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 tore cWm and stating etre general nature of the clair. " loticc of ulc _wore s.,. {rtivcrtd amount of the Cram[ whir suppanurg ufiu o "� or evens within sixty days after the start of such occuntoce tunless ENGINEER allows additional time for claimant to submit addiiwnal or more accurate data in suptmrt oftlreit and shalt be accompanied by claire ant's written statement out the adjustment claimed covers sit knovm amounts to -loci+ the cl Amann i3 endded as a result of said uccaTcn_— or event. All claims far adjusuncnt in the Contract Priee shall be determi,:A by ENGINEER in accordance with Paragr+Ph 9.11 ifOWNER an 1 t ONTRAMH C=oot od erwisc agrce on the amount . o -i .'�c rl.:�^i'.;r ur xrinast,,.:nt in erre �ivntrart f'rirr will 40 4W be valid if not submitted in atxordur-e with ;his paragaph Work covered by a 11.3. The value of any ChantaOrderor of any claim for an adjustment in the Contract Price will be determined as fallovo;, 11 3.1. whc[t, the Wolk involved is covered by unit puices contained m the Cold--= Documents. by sppliration of such unit prices w the quantities, of the Turns involved Isu*a to the provisions of paragraphs 11.4.1 th""Fit I [.93. inclusivcl- 11,3? where the Work involved is not covered by unit prices eaaWncd in the Contrera Dommients. by a mutually ■greed lump sum (which may Include an altowancc far Overhead and profit rax »7y in aootordncc with paragraph 11.6.2); 113.3. where *Work involved is not caWred by unit prices contained in the Carts= peau menta and agrecrnent to a lump sum is not reached under paragraph 11.3.L an the basis of the Cost of the Work [determined as provided in paaagraphs 11.4 and t I5l plus a CONTRACMR's fee for overhead and profit (determined as provided in paragraph I L.61. Cox of rhe (York 11.4. The tum Castor the Work means the sunt of all costs necessarily incurred and paid by CONT"=R in the proper performance of the Work. acept as achcrwisc may be agreed to in writing by OWNER. such costs shall be in amounts no higher than those prevailing in the lacafity of the Project., shalt include only the following items and shall not inclnde any of the costs itemized in paragraph 11.5: 1.4.1. Payroll costs for employees in the dumx employ of CON RACTOR In the performance of the Work under schedules of job clut.silicatiom *VtW upon by OWN1 R and CONTRACTOR. Such emploYoes shall utel"k without I[m- itation supeAntendents. foremen and other personnel em- ployed full• time at the ac. Payroll costs for employees nut, emprayeci full ilii[. u❑ law' yr^=i•.=.rl 9..;e._r^= nn :hr. basis of theirlk. time spent on the Woi�lmv[I most( shall include. but not be limited to. salaries and wklaes plus the cost of fringe benefits which shall include social security contribution. u nem ploymcnt. excise and payroll taxes. wo rk- ers' compensation. health and retirem:'nt benefits. bonuses. sick leave. vacation and holiday pay applicable thereta. The expenses of performing Work atter nViar wof-erng roues. ,on Saturday. Sunday at- legal holidays. %hill be included in the above to the extent authorized by OWNER. 11.4.1.. Cost of all mt[crials and equipment furnished and incorpomed in the Work. Including costs of transportation and storage thereof. and Supp tic ri field services required in connection thtnewith. All cuff discounts shall accru: to CONTRACTOR urakss OWNER deposits mods with CON - TR Ar.;TC)F..vit14 whi,h to rn�kc pr ,utterer in -1,icl, rase the cash dismounts shall acme to OWNER. All trade discounts. rebates and refunds and returns from We of surpku materi- als and equipment shill accrue to OWNER. and CON- 'fRACR7R shall make provisions to that they may be obtained. 11.43. Payments made by CONTRACTOR to thu Sub- dmttractm for Work performed exhimished by Subootwac- ,on. tf required by OWN CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then deterutim with the advice d ENGINEER. which bids. if any. will be' aeoegted. If any subcontract Provides lilac the SubQont=wr is to be paid an the basis of Cast of the %Pork Plus a fee. rite Sdboentraaat''s Cost of the Work and fee shall be cl re^*+incti in the same manner as CONT AC"TOR's Cast of the Work and fee as provided in paragraphs 11.4. 11.5. 11.6 and 11.7. All subowAraaa sftall be subject w the other provisions of iho Contras Docun nts insofar as applicable. 11.4,4. Casu of special eonsuitz= lindtidinB but not limited to eagincers. ardtiteets. testing labaruaties. survey- ats, auameys and accauntantsl employed for services spc- aficalty rciated (o the Work. 11.45. Supplemental costs including the fallowinr- 11.4.5.1. "lite pmapartfan of neexssary �po��'n• travel and subsistence expenses of CON'TRACTOR'S eta- ployccs incurred in discharge of dories connected with the Work. 11.4.5,.2. Cast_ including transpwtadon and maintc- mance. of all matctials. supplies. equipment machinery. appliances. office and temporary facilities at the site and hand tools not owned by the workers, which arc can- sumcd in the performance of the Work. and cost less fnarket value of such itcstts used but not consumed which reaain the propt:rty of CON'RACMR. 11.453. Rentals of all construction esquiprnettt and machinery and the parts then. -of whether rented from t O N'rRACTOR. or others in accordance with rental agree. menu aPrrovcd by OYMER with the advit a of ENGI- NEER. and the costs of transparto60" toaciistg. ue."j- jag. Installation. dismanding and removal thereof—all in accordartcc with the (elms of said rental agreements. The rental of any such equipment. machinery or Furca shall ccasc when the use thereof is no [anger necessary for the Work, i 11.4,5.4. Sales. consumer. use err similar '[axes related to ehe Work. and for which COM?-kCTOR is liable. imposed by flaws and Regulssions. 11.45 3. 'Deposits lost far causes other than negli- gence of CONITKAC` OR. any Subconuaeuor err anyone directly or indirectly employed by any of diet: -or for whose ICUany of then may be liable' and ro payments and (ccs roe permits and license[, 40 i 11.4,5.6. Losses and damagestand rclaced expeflsest caused by dame to the Work• not compensated by inzurantcor otherwise. sustained by CONTRAC f t3fi in connection with the performance and fumishing of the %'lark [except losses and damaeez within the deductible amounts of property insurance established by OWNER in smordance with pwapaph 5.91. provided they Gave r• sultcd from causes other than the nefli9cncc or CON- TRAC fL any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts an; of them may he liable, Such losses shall ineludc settle- ments made with the written consent and approval of OWNER No such fosses. lora fes and exocrises shall be included in the Cost of the Work for the purpose of determining COI liRACTOR s fee. If. howcyer. any such lass ar dam>pe requirca reconstruction and COtNTRAC- shall be TOR ii placed in charge thereat. CONTlTt3 paid for scrAces a fee proportionate to that stated in paragaapli 11.6'. 11.4.5.7. The cast of utilities, fuel and sanitary facrli- tics at the site, 11.4.5.8, Minor expenses such as teieFFarns.long dis- telephone service at the site. ek tance telephone calls. presage and simitar petty cash items in connection with the Warks 11.43.4. Cast of premiums for additional Bonds And insurance rcquircd because of changes in the Work. 11,5. The tum Cost of the Work shall not include any of the follovring: It ,5.1, Payroll costs and other compensation of CON- TRACIOR's officers. executives. principals sof partnership and sale proprietorships). [teneral rnautagerx. enpiricers. ar• chiteets. =1irn=r%' anarneys. auditors, accountants- Pur' chasing and conteauing agents. expediters. timekeepers. cicrits and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR'S principal or a branch oifiec for getteral administration of the Work and not spCcisfieally kjclodcd in the agreed upon schedule of job m einn< erreri to in rmagi:wh :1.43 or:p^�ii "''lly covered by par ! 1.4.4`all of which are to be consid- cred administrative costs covered by the CONTRA.=W5 fee. 11.5 Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONT-RACTOR's capful expenses. incl udinginterest onCONTRAC`OR•scap iulent! m to deyed mi - the Work achuges against CONTRA -IO quem payments. 113.1. Costs due to tiie negligence: c(COndiRACTO R. any Subcontractor. or anyone Y m• ptoyed by anv of them or for watosc acts any of them niay be liable. including. but not limited to. thecorrcc6hr; of d<fecrive Work. disposal of tnatc"s or equ:1pment wrongiy supplied and nuking good any damage to prapcny, other overhead or fcacral expense casts of any kind and the costs of any item not spccificaily and expressly included in paragraph i I.A. 1l.F. The CONTRACfO11% for allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 113,4, Cost of premituns for ail elands and [Or all insurance whether or not CONTRACTOR is (equired by the Contract Documents to purchase and maintain the same fexee fine the '01, of rircmi1.rrnt cnvcrcd by subraaflaph i 1.6.1. a mutuaily ac"Ptable fixed fcc; or 11.6.2, if a fixed fee is not agreed upon. then ales based on the fallowing perccrtIftl of the rariaus portiaas of the Cost ofthe Work: far casts incurred under paragraphs 11.4.1 and I I.:?, theCONT-(,`fO AR's fee shall be fifteen lxrrent: , I L.6,1-2, for costs incurred under paragraph 11.4.3. the coNTRACfOR's fee shall be five Pcrccnt: 11.6'.3. whue one or more tiers of subcontracts are on the basis of COSI Of (ire i'4`Or k plus a pec and no fixed fee is agreed upon. the intent of paragraphs 11.4.1. 11.42. 11.4.3 and 11.6.2 is that the Subeonimaor who actually performs or furnishes the'htork. at whatever tier, will be paid a fec of fifteen pctccnt of the costs incurred by such Subcontractorurid er W-19Whs 11,4.1 and 11.4.2 attd that any hinccr tier Subcontractor and CONTRACMR will each be paid a fec of five percent of the asstnunt paid to the next lower tier vubcontrsewr 11.6.2.4. nO fee: shall be payable en the LQ s of costs Itemized under pasag-Piss 11.4.4. 11.4.5 and It .5. the arttount df credit to be allowed by CON• ? R ACMR to OWNER for any ch=noe which -suits a 0.1-1.ea�.e in Cyst will be die afrtount u+ th-- "' net decrease in toss plus a deduction in CONTRAUlt Ft; I fce by an amount equal to five, percent of such trot dec z cs and 14.6.:..5. when earth additions and credits ase in otyed in any one chinge. die : Ijusi `41er"t in CONTR.AL,JR s 4—, i. nf rhe net Chan geyn fee Shan tic k;cnilpua — . .._ - - _ _ . accordance with pu4raphs 11.6.2.1 thmoeh 11.6..._5. inclusive. [1.7. Whenever the cost of any Work is to be determined -11 pursuant to paragrayrht 11.4 and II.S. CONTRACTOR svitli establish and maintain records thereof in accords -'z generally accepted araxuming Prrctiecs caul submit in form acceptable to CNOINEER � an itemized cost brr2kdau'" to• gcthcr %%ith WPr<191" data. C-1 i Carh AUencnnet: 11.8, It is urtdcratood than CONITAL`POR has included in the Cnntaad price all 11lowm= to named in the Canuact Mcurnenu and shalt cause the Worst to covered W be fur- nished and performed for such sums as may be Acceptable to OWNER and ENGINEER. CONTACTOR agrees that: 11.8.1. the allowusocx include the vast to CONTRAC- TOR (less any applicable trade discounts of material and equiptncnt regttited by the aliawaixxs to be delivered at the Site. And tell 1pplicaNC taxes: and I I.S ^ COIR`$ teats for unloading and sum dl:utg on idle site, labor. insWtuion Casts_ overhead. profiE and other expenses contemplated for tie al)owartc+es have been itncludcd in the Catnuact Ptiao and i4ot i `o[lovnrvers and no demand for addition) payment any Of the foregoing will be valid. Nor to final payment. an approp+im chutire Order will lac issued as reeonnmcnded by ENGINEER to ret]eot scutal amomtts due CONiRLACIOR an account of Work covered by allowanems. ane) the Contact Price shall be carrespottdingly adjusted. 11.9. fipple Pricer Work.: 11.9.5. Where the Contact Documents provide dut all of part of the Work is to be Unit Price Work. itid"Y the Contract Price will be deemed to include for all Unit Price Wort: an strxiutt equal to the stunt of the c=blishcd unit price for rich Separately identified item of Unit Price Work times the estimated quantity of cacti item as indicated in the AV=mtm The estimated quamities of items of Unit Priem Work arc clot guaranteed and ate solely far the putposc of comparison of Bids and deterndning an initial Contact Price. Determinations of Lite Neu LZ quantities and classifica• tions of Unit Prime Work pafo"ned by CONTRAMR wilt tn, F.iad.- by EF!GMEER in aceaarda leo with pangtaph 9.14. 11.9.2. Each unit prime "I be deca" to include an -m watt erynsiderod by CONTI ACTOR to be adequate to YtiT1D'� nwrfi..e'lii and profit for each sepa- GVK4 LVl• l to r.. �.r.. .. .. rarely identified item. t 11.9.3. OWNER orCONTRAClOR may make a clzim far an adjustment in the Contact price in accordance with Article I I if: rV� L 11.9.3. 1. nix quantity of any icon petformcd by CONTR CIOR differs mat'WIY And SIV 1 ti&v__ fitly+ from in,: eStim t d quandtY of such item indi- cated in the Agreemm' and 11.9.33 there is no corres;nndin& adjustment with respax to any other item of quark: and 11.9.33. if CONTRACPt7R believ'el dist CONTRAS_' - 11)R is er alcd ua an .nticas, in Ct ,tea.-: Price a$ , rc'.•tt of having iw.urrcd additional expense of OWNER bc- lievcs that OWNER is ensued to a decteasc in Contract price &M the poetics ase suable to ague as to the amount of any such inere= or docrc ^. ARTICLE 12---Ck#ANGE OF CONTRACT TIMES 12.1. The Contract Tame, (or MA1eMncs1 rosy only he changed by a Chatip Order or a Written Anx*4rnc•n4 Any claim for an ad}urstnictt at( the Cotima Tirrics (or Milcstonmsl Shall be based an wriam police delivered by the party making the claim to the other party and to 1NGINEER prompdy (tot in no cvau loam than thirty days) aster tic oeatrrenoe of the event ZiVM p se. to the claim and tuft the iaierIJ rtlm m of rise clyrrn Noble of the exteot of the balm with rAVOM44 data Shall be delivered Within sixty days after sucln oacaoxrxtce funiess ENGINEER allow, an additional period of time to ascertain tttaraaccurate d= in support of the claim) sand shalt be accomtuniai by tie ctairnant.'S vermes staumicnt titan thu adjustment claimed is the endre adjusuucnt to which the claimant has reason to believe it is entitled i s It tesudt of the otx:utrenee of Said evens. All claitt)s for ad}ttstrnent in the Contract T'iirxs par Mi estuncs) shall be dcrutninDd by ENO)' NEER in Rtx;Opdastcc wits pit 9.11 if OWNER and CONTRACTOR mannan otherwise agree. No claim for an adjusuncnt in the Ccnta`.ct T"Ln'^= Sof M11cstotw3) will be valid if not submitted in ar. rdar= with the requirements of this paragraph MI. 1.' All Auric timirs stated in the Connract pocumencs are of the c=nce of the AgreemCnL 123. Wbcrc CONTRACTOR is prevented from romplet- Ing any part of the Wotk within the Contract Times (ar ivtilestonrs) due to decay beyond the vonuot Of CONkRAC• TOR., the equal 10 a lost DC tduem z delay If a claim is l will be "tended irtn amount dtes.Lgo 12,1. D-1 yS �yond made thteteftx ru provided in patagtaph the central of CON•fRAuC OR Shall include. but not be United to. acts ornegloetbyOWNER. actsornc0 a:tofutilityowrwn oratherconuastuisvu+�e—ng dn�"n+ertt>vsecaRitemp Wed fY Asticie 7. fires. hoods. eptrle:.'rtica- wn tions or sats of God. Delays attributabte to utd within the manual of a Subcontractor or Supplier shall be deemed to be delays within the contmi of CONI RAC OR. 11.4. V& "c CONTRACTOR is Prevented from comptet- .nv rut or the Work within the Cantract'TinttGss for Milestoncat due to delay beyond the control of barn v:* �'C ;rid CONTRAtR• an extension of the CoutracL Iintes far milestotwsi in an )mount equal to ehc alone +.not due to such delay,hall be CONTR.ACTOWS sate and exrtusive resrtedy far such delay. In no event shalt OWNER be Isabte to CONiR C TOR. any Subcontractor. any Suppiicr. any other person a' organiction. a to any aurcty for or employ- or Writ of and of them. for d -tarts arising out of or resu" Rani f 1) delay rs,rscd by or within the eonu'01 of CONTRAC'MR. or' Iii !• • delays beyond the controt of both panics including but net limited to fires. floods. epidemics. abnormal weather condi- tions. acts or God or acts or neglect by utility owners or otlhercontractors perfornt+ng other work as contemplated by AnICIe 7. ARTICLE 13TESTS AND INSPECTIONS- CORRECTION. REMOVAL OR ACCEPTANCE OC DaECTII'E WORK 13.1. Nonce nrlhrecft: Prompt notice of 0 drfrerirr Work of which OWNER or ENGINEER have actuat knowl- edgc will be given to CONTRACTOR: All drfecairr Wort; may be rejected. corrected or accepted as provided in this Article 13. A eters to WorfG 13.2. OWNER. ENGINEER ENGINEER's Consultants. other ri prescr uatives and personnel of OWNER independent testing Laboratories and ggvcrnmcnW agencies with jusisdic• tional interests will have acoets to the Work at reasareable times for their obacrvation, inspecting axed testing. CONTRACMR shall provide them prgper and safe conditions for such access and advise utero of CON MACTOR's site safety procedures and proffams so chat they may comply therewith as applicable. Trpu and inrpecdonr: 11,3, CONTRACTOR shell give ENGINEER timely no- tice of readiness of the Work for alt required inspections. tests or approvals. and aludI CAW perrte with inspection and testing personnel to fmtitimte required inspections or test:. 13.4. OWNER shall employ and pay for the services bf an independent teeing lahotattrry to perform all nspcatiotts. tests. er approvals required by the Contract Documents except: 13.4.1. for inspections. tcsts or approvals covered by paragraph 13.5 below: 13.4.1 that coats incurred in connection with tcsts Or inspections canductcd pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9: and approval. CONTRACTOR stall also be responsible forarras&. ingand obLain ingand shall pavall costs in connection with any inspections, test$ or approvals required for OWNER'S and ENGINEER's acceptance of materiils or equipment to be incorporated in the Work. or of materials, mix designs, or equipment submitted far approval prior to CONTRok=R's purchase thtrbr for incorporation in the. Wort:, 13.6. if any Work for site work of others) that is to be inspected. tested or approved is covered by CONTRACTOR without vnittet) concunivnec of ENGINEER. it must, if sac- qucued by ENGINEER. be uncovered for observation. 13.7. Uncovering. Work as provided in paragraph 13.6 shall be at CONTRACTOR'S expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's inven- tion to cover the wase and LNGINEER has not acted with reasonable promptness in response to such notice. Uneor«rrirta Berk: 13.8. ti any 1Vork is coveted contrary to the written request of ENGINEER. it must, if requested by ENGINEER. be uncovered for ENGINEER's observation and replaced it 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 nuke available for observation. inspection or testing as ENGINEER may require. that portion of the Work in question. furnishing alt ncccsssr?' Labor. nuterial and equipment. If it is found tits such Work is drlective. CONTRACTOR shall pay at 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 recolisuuetion tineludittg beet not limited to all costs of repair or mpiacement of work of ethers): and OWNER shall be entitled to an appropriate dccrrase in the Contract Price, and, if Ute panics are unable to agree as to the amount ehetc:of. may makc a claim thesrfor as provided in Article 11. if, however. such Work is not found to be defective. CONTRACTOR shall be atlowed art increase in the Contract Price or an extension oftheContract'[lmestor Milestones). or both. directly attributable to such uncovering. exposure. oto servation. inspection. testing. replacement and reconstruction: nnd.if the panics arc unable to agrcem to the amount or extent thereat. CONTPLAC3'OR may make a ciairn thcrefnr as pro- vided in Articles 11 and I_. 17.4.3. as otherwise spocificalty provided is tilt Con' l7tiYIVGR hfa_x Stop the Work: matt Documents. ;1.s. If Laws or Regulations of any public body leaving jurisdiction rcquim any %'rorktor Fran thereof, apc6fidlly w be irapccted. tested or alrproved by an employee brother mprc- sent7rtivc of such public body. CCI4TRAC OR thail assume full respbeuibility for arranging and obtaining such inspections. tests or apli(0vals. pay all cysts in cunnecrion Ibelt, it h. and 13.10. ff the Wotk is drrrcrit•r. or CONiRACTGR fai!s to supply futncient skilled workers or suitable materials orequip- me fit. or fails to funeish or ferib rtrr the Work in such a way that the completed Weer, wits conform tb the Contract Documents. OWNER may order CONTRAC TOR to stop the Work, ar any thtrcof. un'il thr cause for such order,hL* Wri rra'Nr.n 10 scup the An 40 shall not give siso to any duty on the pan of OWNER to exercise this right for the tacncfit of CONTRACTOR or any surety orothcr party. Carrrewn or Remaml of D'Vec ire 'Work. I3.I I. If toluircd by ENGINEER.. CONTRACTOR shall prom dy. as dimcted. eithercormct all defective Work. Whether or not fabreAmd. Instalicd or armpleted. or. if the Work his been tsjected by ENGINEER. remove it from the site and replace it with Workthas is not defective. CONTRACTOR shalt pay all claims, costs. losses and danngres Caused by or lt:sttki ng from tush cortsction or removal (including but not limited to all cases of repair or rcplmccmcnt of work of others). 13.72. C"Tecdan Pgriadr 17.17-1. If within one year after the due of Substantial Completion or such longer period of time as (nay be pre- scribed by laws or Rcgurtadons or by the terms of any applicable special Guarantee required by'ttte Contract Doc- umcnu or by any specific provision of the Contract 17ocu. menu. any Work is found to be defecaine- CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instrtte:uitanx CI carters such defec- tive Wo& or. if it his bean rejected by OWNER. remove h from the site and replace it with Work (trot is not defective. and till sarisfacton'iy correct or retnove and replace any damage to otliee Work or the work of others resulting therdrom. if CONTRACTOR does not promptly comply with the terms of such last cbo= or in an emergency where delay would cause serious risk of loss or damage. OWNER )nay have the defective Work earreaed or the rejected Work removed and replaced• and all claims. costs. losses ash damages caused by or resulting from such re- moval and rcplsrzmeat Iincluding but not limited to aA casu of repair or replacement of work of oatm I will be paid by CONTRAMR. 13. I2.Y. I n s pedal ciraststsmiscrs where a particular item of equipment is planed in coluinuous service before Substan- tial Completion of dl the War::. (tic correction period for that item may stza to tum from rut earlier date if so provided in the 5pet orations or by Written Amc mcii` 13.123. Where defective Work Iand daruhagc to odtcr Work repultiag thcmfroml has been corrcoa A. removed or replatxd under this paramaph 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• mored and replacement has been sadsfaaa,* completed. AeerpmneccfWfrersra Wank_ 13.13. If, instead of requiring correction or removal and replacement of defective Work. OWNER lard. Prior to ENGI• NEER's rccommerdation of firtal paynacnt.also ENGINEER) nncfe-s vi xccept ,'.. OWNE1 ,r:+• into. (Ota .t.C''GR %hili pay all etsims. costs. Iosscs and durtagcs attributable to OWNER's evaluation or and determination to accept such defective Work($=It costs to be approved by ENGINEER as to rexsanablcness). If any such s=eptance oc.:ua prior to ENGINEER's recommendation of final payment, Is Change Order will be issued incorporating the necessary revisions In the Contract UocumenIs with respect to the Work. and OWNER shall be entitled to an appropriate decrease in the Contract Arim and. if the panics are unable to agree u to tlty amottm thereof. OWNER rtuy maize a claim therefor as provided in Article I I. If d,e acceptance (occurs after such rtcOrru eoda- tion. an appropriate amount veli be paid by CONTRAf.'TOR to OWNER. OIi NF -R ,tray Coater Defred- wonb 13.14. if CONTRACTOR fails within a realsortahtc time after wriuen notice from ENGINEER to correea drfeative Work or to remove and replace r*=d Work as required by ENGINEER in accordance with paragraph 13.11. or if CON- TRAC OR fads to perform the Work in L000rdaore with the Contract Documents, or if CONTRACTOR fails to cemp(y with any other provision of the Contract TDocuunews.OWNER . nuv, after seven days' written notice to CONTRACTOR. correct and remeely any surely deficiency. In exerris'tng the rights and remedies under this paragraph OWNER shall pna- eced expedltiously. In connection with such corrective and IrmcdW action. OWNER may cxdude CONTRACTOR item al c part of the sire. take possession c all or put of the Work. and suspend CONTRAMWs services related thereto, take possession of CONTRACTOR's tools. appliances, cCmstnsc- tion equipment and tmchinery u the site and incorporate in the Work all materials and equipment stores at the site or for which OWNER hat paid CONTRACTOR but which are stored elscwherc. CONTRACTOR shall allow OWNER. OWNER's rcpreaenadvey. agents and emplayccs. OWNER's otherean- tractots tend ENGINEER and ENGINEER's ConsWtanrs ac- ccss to the site to enable OWNER to exercise due rights and remedies under this puagraph. All cWmL cusu. losses and damages incurred or sustained by OWNER in exm:Wng such rights and remedies will be charged apkinst CONTRACTOR and a [lunge Order will be issued incorporating the necessary revisions in the Contrary. Documents with nmpca to the Work: and OWNER stall be entitled to an alapropriase decrease in the Contract price. and. if the panics arc unable to agree as to the amount thereof. OWNER may make a claim therefor As provided in Article 11. Such claims. casts. fosses and damages will include but not be limited to aii costs of repair or rcvia,.c- mcnt of work of others destroyed or damaged by cortrcuon. remaval oar rcptwzmcnI of CONTRAC'TOR's defecrive Work. CONTRACTOR shall not be allowed an extension of the Contract limes tar Milestones, nectars- of any delay in the performance ofthe Work armtautable todid exereisc by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14 --PAYMENTS TO CONTRACTOR. AND COMPLETION Schcdidt of Yafnay 14.1. "the schedule of values established as Provided in nrravfwt l2.9will serve as the tixin for prtWcss Payrnents and 40 r will be incotifasaled into a form of Applieatian for Paymem arxxptable to ENGINEER. prn{ness payments rete account of Unit price Worst will be based on the number of units eon• pitted, I Aj 764 dur& f v P+Wrers Payment" 14.2 At least twenty days before the date established for ,each progress payment (but not more often thin once a maneCOon for payment filled out aR &hill submit to nd sign d INEER by revieww an Application C jNTIRAC OR coycring the Work completed as or the date or the Application and accompanied by such supposing documentation as is required by the Contract Documents, if payment is reques'te'd on the basis of materials and equip- ment not Incorporated in the Work but delivered and suitably stored at the site or as another locattion apaA to in writing. the AppIicatian for payment shall also b,__ accompanied by a bill of We. invoice or other documentation warranting that OWN CR has reecived the materials and equipment free and clear of 111 Urns and evidence that the. materials and equipment arc coycred by appropriate property insurance and otherarrangcrnents to protect OWNER'sinterest therein. all or which *will tic satisfactory to OWNER. The amount of retainage with rcW_Ct to progress pa±mtents will be as ztipulased in the Agreement. CoffrRACIVR't W-rantf of Me.' 14.3. CONTRACTOR warrants and guarantees that title to all Work. rnalet WS and equipment covered by any Applicadon for payment. Whether incorporated in the Project or not. will pass to OWNER no Luer than the time of payment free and clear of all Lams. Re.irw of AWZ-Xidrts forPrcgr- Pur.naattf 14.4. ENGINM will. within ten days afar receipt of each Application for Payment. either indicate in writing I romtr.ndatian of payment and present the Application to Otir"rrER, or return the AF„ IicadGn to CONTRJ4�r'l'OR in li• i Ir,g in ':...� "El .tf�FFu•.: -imvn%forrefusingtorvcAm- mratd payment. In the latter ea: w CONTRACTOR IOR ntay make the noa'asary corrections and m=brnit the Application. Ten days after presentation of the Appiicasion for Paynuns to OWNER VAth ENGINEER'S rommmendation. the aero'tnt rrcnmmended will (subject to the provisions of the last sen- tencc of frara4g;aph 14.71 beca^x due and when 4u will be paid by OWN K.K to LrUiv i1ilu: t uK. 14.5. ENG:NEER's recornmcnd-2tion of any payment rc- questod in an Application for Payment will constitute a rrpre- sentation by ENG INEERto OW14ER. bascdon ENGIN1-ER's on site observations of the exrxutcd Work as an expsrimecd and qusliCtod design professional and on ENGINEER'S Levi -v of she Application for payrrtertt esti the accompanying data Ind schedules. that to the best ail NGINEER's knowledge infnr- hzL':n lYJiff, 14.5.1. the Work has progressed to the point indicated, the quality of the Work is, gciteralty in accor- dance with she Contract Dmumcnts tsubjccs to an evalu- ation of the Work as a functioning whole prior to orupon Substantial Completion. to the, results of any subsequent tests cAlcd for in dte r-osttract Docttrnetiis. to a final determinarian ar gttansities and elassirtcations for unit Price Work under paragraph 4.ID. and to any other quall- firations stated it, th-- recomrncndationl. and 14.5.3. the conditions precedent to CO1'fMAC OR's 1aeing entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. liowever. by rernnunendins any such payment E14GINFER will not thereby be deemed to have represented exhaustive or continuous ott-arte mspecttata have been nnsde 10 check file quality or the quantity of the Work beyond the responsibilities specifxallY assigned to ENGINEER in the Con tra.et Documents or fill that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additianilly by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. i;NGINEER's rccnnunendation of anY payttrcaL in- ciuding tirul payment. shalt not meal, that ENGINEER is res�ponsiblefor CONTRACLt]R's means° methods. techniques. scquen,xs or pn=dures orcoastmcdon. or she safety Pm=u- tions and progsartu incident thereto, or for any faihmo or COtfi'Rl,MR to comply with Laws and Rtgulatimts "Ii - cable 10 the furnishing or performance of Work. or for any failure or CONTRACTOR to perform or furnish Work in secordance with the Contract Documents. 1.1.7. ENGINEER may refuse tot'ccorrtmend t9te whole or any part of any pxymcm if. in ENGINEER's opinion. It would be iricoctcc% to make the representations to OWNER referred to in .paragraph 14.$. ENGINEER may also refuse so recom- mend any such payment. or, because of subscqucntly discov- cmd evidence or the results of -ibsequent inspcGians ar tests. nullify any such payment previously reconuncnded. to such extant as nay be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the :':ori' is defective, or completed Work has f n dvm_mgesl rm«irinv. carnxtirn or repU=mcttt, 14.7.'_ the Contrail price has been reduced by Writ- ten Amendment or Change Order. 14.7.3. OWNER has been required to torrent defer - rive Woek or complete hark in aceordatlin withparagraph 13.14. or 14.7.4. CNGINEER has actual knowlulgc of the oc- enrrcnce of any of the events enumerated in pafasrap'hs 15.2.1 throug_b 15.2.4 inclusive. OWNER &nay rc(use to make psymem of Ute full amount recommended by ENO INEER bemuse: 14.7.5. Claims have been nude afarnst OWNER on account of CONIRACTOR1 perfaxmanoe L furriizh;ng of tilt Wort•.. • i► F 14.7.4. Liens have been filed in connection with the ENGINEER in writing Ptiof to ENGINEER's issuing die Work. except where CONTRACTOR has delivered a definitive coni .r = of Submuial Caatt*AkK , ENGINEER`: specific Bond xad factory to OWNER to sceurr the aforesaid rocomnic:Warion will be bitttsing on OWNER and rad Irwlon and discharge of such Liens. CONTRACTOR tunal tuts! payment. 14.7.7. there are cries' items entitling OWNER to a setoff against the amount recd runttaded. or 14.7.8. OWNER has actual knowktdge of the occur- mncc of any of the events cnurrta" in paragraphs 14.7.1 through 14.7.3 or paragraphs 152-1 through 15.2.4 inclusive; but OWNER must give CONTRA TOR immediate written notice [with a copy to ENGINEER] Sating the reasons for such aerion acrd promptly fay CONTRACTOR the amount so withheld. or any adjustment thereto agreed to by OWNER and CONTRACTOR. when CONTRACTOR corrects to OWN- ER'S suisfacdon the rt=rts for Such acdo(. Subrraaoad Campirri a: 14,8, Wlren CONTRACTOR considers the entire Work ready for its Intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the enure Work is substaruially eomplcte texecpt for'ttcnts spwifttalty Used by CONTRAC- TOR as irwotsyiteut artd requut that ENGINEER issue a cerdru:i a of Substantial Completion. Witbin it reasor abte time thereafter. OWNER. CON1ltACTOR aril ENGINEER ihalh make an inspection of die Work to detetuninc the metes of completion. If ENGINEER does not consider the Wolk Sttlt- st=Wly mmpletc. ENGINEER well Go* COKRIUCPOR in writing giving the reasons themfar. If ENGIN EER considers the Worksubstantiallycontplecc.ENGiNEERvnitPmPamssA deliver to OWNER a terttadve, certificate of Substantial Com- pletion whith shall fix the dart of SubssuttW ComPlet on. °There shall be :trached to lite certificate a tentativc list of itettu to be compteted or con rand before Sial payment. OWNER shall have seven days atter gilt of the tentative ccrtiitcate during which to make written objection to ENGINEER as to any provisions of the cerriftcate or amachcd lim if. after considering such ob)ccdonx. ENGINE -ER catcludcs that the Work is nor subu:n(Ldly complete. ENGINEER will wiiMn fourteen gays :herti_fitnL-zion of th,! tcnrti(ive .Anffic1G to OWN FR nodfy CONTRACTO R in w46dnx, vaihig the trxwns therefor. Ir. afurconsideration of OWNER': objcciions. EN- GIN EER considers the Work substanthlly camplcte. ENGI- NEER will within said fourmcn days execute and dcliver to O1VNE.R and CONTRACDOR a definitive eertifirsec of Serb» stantial Comptetion (with a revised ttxu"ve, list of items to be completed or corrected) reflecting $Lett changes from the ---'.i.�.,.:t." a- ri.wlw Et.�; _...�. 6.. r;fvrl nf"err —WR cmnidrsation Of any objerrtons from OWNER. At the rinse of delivery of the tentative ouxificue of Suhxrantial Complerion ENGINEER will deliver to OWNER sad CONTRACTOR 't written ryonnendation as to division of responsibilities pond. ing fit.ai payment betwmi.0V.-M ER arrd CONTTC/CI'OR with respect to secuity, opcmion. aafctY. mxintcnntea. flew- U011 - ties. i Hsu ranee and warm Ucs and guarantees. U mess OWN ER and CONTRACTOR aprcc other-iu: in writing and so inform K9. OWNER shall have the tigitt to exclude CONTRhC- TOR from Ute Work after the due of Sub%t mtial Campscdon, but OWN ER "I allow CONTRACTOR rrasotuble aoccss to cnnirskre of eonn:rA Items on the tcntativc list Pur" UdaDufoa: 14.111. Use by OWNER at OWNER'S option of any suer tutxaay o=pkted put of the Work wWu it has spoafi-11 ' leen idenditod in the Coat=t DOMm=U- of a OWN M- ENGINEER and CONTRACTOR 99— constitutes a sePa• rately ftmrdonin;g and usable put of the Work tint cart be used by OWNER for its introdod pus a wither[ 6gtti6cartt ir� ferenea with CONT'RAACTOR's puftxm_ of Ute tetaainder of die Work- may be accor01d,0d prior' to Suhsutttud Com- pheuon of all Use WorkAM= to the folknwirctg: 14.1f}.l. OWNER at any time may request CON- TRACMR In writing to permit OWNER to = any ttrch part of the Wak which OWNER believes to be ready for its iatendcd use and autssnnzially comPlete. If CON- TRACMR agrees din =:h put of the Work U submsi- Izalty cartiglcreCONTRA4CTOR until crstiiy to OWNER and ENGINEER thu. tach past of die Work is wbsimn- "ly compkie uid request ENGINEER to isstte a cern! icue of SuhmnU Completion for that part of the Work. CONTRACTOR at any time tray notify OWNER attd ENGINEER iri writing that CONTRACTOR considen any sud, part of the Work ready for its inunded we and wbmnri dly complete and mqucu ENGINEER to issue a cesdfsr^ur, or Sub=ntial Compaction for that put of the Work- Within a reasonable time after either such request. OWNER. CONTR.+AC"TOR and ENGINEER shall make an impb=lon of that part of the Work to dezrradac its scum of compaction. If ENGINEER docs not consider [haat put of dre Work to be substantially cotttplcte. ENGI- NEER will gratify OWNER and CONiRAC.`T'OR in wria ing living the reasxu thetedor. If ENGINEER r.onsid=t ttai pars of the Work to be suhttarttially oorapletc- the Lf p n-Enphs 14,11 VW 14.9 was arlAy with rr_zt,ru to ctnificasian of SulmatsW Corr"O"icn of [tat pan of the Work raid the division of respotstbitity in respect thcrtof and access thereto. 14,10.2. Nor zupancY or separate operarion of part of Lb, N +ork v,ill be accomplished prior toUomptiancc with the rerquimmctrts of paragraph 5.15 in v=pca of Property ,F1+rirt rnrircaom Tn R [has the 14.11. Upon wrinennoticmeofn thescof is • Li4Ci- cstcire Work or an agrc Po -id CON- NEFR will Hake a final insr'ccaon with OWNER TRACTOR had will notify CONTRACTOR in writing of all i 1101 r. puticulara in wfiteh this inspection sevnls that the Wotk is inoornpiete ar dd a,,c. CONT' ACMR Shall immodiatety take Such ttteaSunx as ate r ecessary to ewpit:tc such Wort: er renl6dy such deficiencies. F&W App f- Pq—Wt: 14.12. After CONTRACTOR has compleccd all sxtch cor- ncetions to the satisfaction of ENGINEER and delivered in accordance With the Conn= D0=rncnts all mintcruttice and oper"ng instnxAorrs, schodulm guarant=. Bonds. certiir eater or atheronrideocc of insurance required, by paratsrspit 5.4. arrifi was of inspection. ninkcd up record dacumartts (as pfovided ill paragraph 6.191 Stud otherdocatmcnts. CONTRAC- TOR may tnake application for final Anil A � for the procedure for ptoVw paymcnis. FaymcnLSMI be 11t101puded (except"IxcvxxWy delivered' by: Cl all documenmbm ealhod forin the Conu-acx Dcctrtrre u- including batt not limited to the evidct" of insttm= Mlnired by subpar2graph 5A, 13. (5) cement ofthe study, if any. tofirsal paynhent, turdto dicta Std Icfal'y effective releases or "vcn (ucufinetory to OWNER' of aA Liens adsinj out of or filed in connection with the Work. In lieu of such trleases of waivers of Licher and as apvoved by OWNEIL CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CON` RACMR taut: fi the rcicuscs acrd rccc'Prs include all labor. IcM=. material and equipment for which a Licn could be filed. attd Gd all payruils, material and ogcApment bills Std other indebtedness owkcted with the Work for whirls OWNER or OWNER's property might in any way be responsible have beat paid or otherwise satisfied. If any Subcontrwctar or Supoer fails to furnish such a rekasc or mecipt in full. CONTRACTOR hnay furnish a Burd or oditr Collateral satis- factory to OWNER to indttani(y OWNER against any Linn. Fin-- PcymeAl wed AoorPscacc: 14.'3. IG on the basis of ENGINEER`s obs..rvatiact of the work during Construction and final inspection, aril ENGI- NEER's mvitw of the final AFl)Ik tion for Payrrsent and a,,,ornpanyinS ao74nu'ntation as Squired by the Conu= Docun;caits. ENGINEER is satisfied [list the Worst has barn completed attd COMM A 'MR's other obIT16ens under the C,N."U. Ct DO=Ments have been fulfilled. ENGINEER v111. within ten days after receipt of the final ApVAk=ion for Payment, 'indican in writing ENGIN EER's recocaniendation of payment *Aid presem the Apptication to OWNER for pay- ment. At the sante time ENGINEER will also give wgiittcn ..nrirr. rn OWNER tvnl CONTTLA.Clt']R that the Wort. is aecepcable subica to the provisions of par+S"Ph 'A- IS- Ou" eswise. r.NGINEER will mum the Apphcatiran to CON- TRAC'1'OC indicating in writing the rmsoas for refusing m rrewrrincrrd final payment, in which case CONTRAC MP shall rrurke tee nacusaty wrrcctk= and resubmit the AP*26cm, Thirty days after t;lc pscsentarion to OWNER of the Applica- tion arrd ora impanying documentation. in approprute form and subsnrres std With ENGINEER'S rcca sand notice of atxcptabhiity. tlr_ awvmt rxrnruri Med hY FfdGi :r,: .viii r. a..a LUh srl 'M:fl a., .,, .s. .art .+ttLaii� 14.14. If, through no fault of CONf"RAMF- Cush cmrn- *60n of the Work is shlgt'sfic -dy delayed and If ENGINEER so oonfiml, OWN ER OW1. upon trccipt ofCGhfiRiALIUR's final Application for Payment turd r'ccvmroet+Woo of ENOI. NEER. and withatt tcttssi"dn9 rite At;raanatt. M ka Pay nwM of thz baSar= due for that lo� Or tile tobch y full corcrrpletod and Sccentod. If the ttxrtskning OWNER for Worst not fully can440ed or eorree ted is Fess than the rt tai.W sdpulueri in dw AV ---L and tf 130eds hart been furnished Ss required in Paragraph 5.1. the wri= con- sent of ate surety to tine payment of the balsnoe due for tfwt portion of the Work fuAy compltsed and W-PUad &hap be sitbrrtittad by CONfRACMR to ENGIN nsadc under Sanson for such paymeat. Such payhrtenrt the arms and rw6uow fi-I pay^'rnt _ r-qX that it ShAl wA constittns: a waiver of claims• tiYaim- of Cissas: 14.15. The mtaidag and -x of final payment will constitute: 14.15.1, a waiver of all claims by OWNER sP'snst CONIRAC OF7 cxxiXClam Rmungfrom uassettiadL.sits. from de'aivo Wort: aPPesting afar firm insp-6- ptuatt- ant to paragraph '4.1 t. front fai'ure to comply with the Contract Doaarrcnu or ttre terms of any IfeeCW guarantecs, specifrcd therein. err fnxn +CONTRAS:'OR's continv ing ob- ligations under the C',onuvt Dolztimcttst ssaf 14.15.2. rwaivcrofallCW_ byCONTRACIPOR+tgaimt OWNER other titin those PMri—ly triode in Writing am still unsettled. ARTICLE IS SUSpLtjsIoN OF WORK AND T1 RMINKLION OWNF'k Amy arrp.rod new L 15.1. At any time and widww cause. OWNER may Ws- pcnd tic Work or any portion thereof for a period of not mote than ninety days by _6- in wTitivi to CONTRACTOR ash ENGINEER which will fix the date cn which Work will be rerun ,d. C:ONCRACAOR Sinn rcaume tine W -k on the [Sate ser 6x d. C_ONiR.►C-'TIDR ahall be allowed an adjustntett in dte Contract price or an tatensim of the COntrati Tmcs. or resist. directly atuioutablc to any arch suspcnsbn'fCONTRACTOR shakes an approved ciaun therefor as Wovidod in Articles 1I and h2. OFeNER May Terrdxm- 15.2. Upon the occtrliLtsce of any ot,e or rnom of the lgll,iwAng events i 4D 15.1.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract lkscumertts fin- clntdiag, but not limited to. failure to supply suhfleieat siulltd workers or suitable materials or equipamt or fu'lurc to adh= to the prapeas schedule essablishod under paragraph ZF as adjuviod from time to sirne pursuant to pfuagmph 6.61; 15.7-2. if CONTRACTOR disregards laws or Regula. tions of any public body having3nuisdictiott: 15.1.1. if CONTRACTOR disregards the tulisority of ENGINEER: or 15.2-4. if CONTRAC T OR athcrurese vWx— in say sub - ata ZW way any pmviaions of the Contract Dootmcntat OWNER may. after giving CONTRACTOR land the Suety, if any.i severs days' vainer notice sod to tit extent permit' red by laws and Regulations. tutrrirwe the scrvk= of CONTRACTOR. exclude CONTRACTOR (min the site sod take possession of the Work and of all CONTRACCi'OR's Wall. appliances. construction equipment and machinery at the site and use the time to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trrapass or conversiool. incorparaute in the Work alt materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish tine Work as OWNER may deem expedient. 1n such etre CONTRACTOR shall not be entitled to active any farther payment until the Work is fmishcd. Ilthe unpaid balance of the Contract Price exceeds All claims. cost$, losses and dantages sustained by OWNER arising out of or resulting from complcriog the Work such excess will be paid to CONTRACTOR. If such claims. costs. losses and dam. ages exceed such unpaid balance. CONTRACMR altall pay the diffcmncc to OWNER. Such claims, casts. losses and damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and wl[ea so approved by F14GINFIER incorporated 1n a Chasrgc Onkr. provided that when cxcrcising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work perfarmcd. 15.3. Where CONT tAc_"✓ MR.'S cervi= I— Lr u su r�r- minated by OWNER, the termination ;sill not affect any rights or rr-modics of OWN Chi against CONTRAMP then existing or which may du=after acetic. Any retention or payment of moneys due CONTRACTOR by OWNER will not reteassc COrdT°RACiOR from liability. i5.4. upon seven iys' wrintrr notice to%vi+i-Ark---g and ENGINEER. OWNER may. without cum and without ptejtrriice to any other rWiI or remedy of OWNER, clew to tcrrruswr the Agrcerrtent. In such case. CONTRACIOR alta" be paid 1,withotu duplication of any items): I5.4.1. for complered and acceptable Work exccutcd in accordance with the Contract Documents Pnor to the cffec- live duc of termination. including fair and rrasortWc sums fax uvrrt,md err.) ptcrt on t�xh `flak; 15.4.2. For expemes Sustained prior to she effcttive dine of terrninuion in performing services and furaisltiag Libor. materials or equipment as tequited by the Contr= Docu- mcrtm in connection with uncompksed Work, plus fair and reasonable sunt: for overhead surd profit on such expenses. 15.43. forail claims. costs. losses and damages incurred in xttt nwrit of tr minstod contracts with Subcontract+, Suppliers and otters; and 15.4.4. for teasomble expresses directly Mr[E%tttxble to termirut iou. CONTRACTOR shag trot be paid oo seaortnt Of loss of anticiFuttod pevfas or reverse or other economic loss arising DUE of or "Ling from st=et, ttJTl itudl m CO MR uOY srOP WOfk ar Tam"Wr; 153. - If. through rho act or fault of CONTRA=11-the . Work is gvspeadod for a period of more thin ninety days by OWNER or under in order of noun or other public AuEtWtr sty. or ENGINEER fu'ts to stn on any Appjica[ian for Payment within thirty days after it is Submitted or OWNER fails for thirty days to pay CONTRACMIX any sum fatally dctcrminod to be due, then CONITACTOR may. uPon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not rtm4dy such 3uspcwimt or failure within that time, term inazd the Avcc­ menu and rocovcr from OWNER payment an the s!�_ tcrm as provided In paragraph 15.4. In lieu of ttttriinssing the Agreement and without prejudice w any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it iY submittod, orCONTRACTOR OWNER has failed for thirty days to pay any sun, 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 duc CONTRACTOR, inclining interest therron. The provisions of this paragraph 153 are not intended to preetude CON- 'gRAC71'OR from malting ctaim under Articles 11 and 12 for an increase in Contract Price or Contractl1mca or otherwise for expanses or damage dirccdy attributable to CONTRAC- il]ft'S stopping'r'datw as pennivai Ly rani P4ivy`.:k"h. ARTICT_8 I6_DlSpuTE REESOUMON If and to the tatter that OWNER and CONTRACTOR stave sgxrxd an the method acrd procrcturc for resolvhsg disputes b,,,= them that may arils under this AV----- - ratters dispute resolu[:oo method and procedum If any. drat11 be as act. forth in Exhibit GC -A. "Dispute Resolution Apeesncoa•' to be attached hereto and made a put nesse(. If no erred rIMU on the method and procedure for rr,,*IAns sueF+d+spu hs F 1-2 1Q. been readied. and subject to the pro,visior ofoR . 0. n.11. ark.! 9.1I. 0WNF?R and CONTR MAY 71 40 I—' such rights or remedies as either may otherA se have undo the conauct Occvrnents or by Laws or RcPlations in respeC[ of any dispute. ARTICLE i7--MISCELLANEQ[JS G& -LV NUACr: 17.1. whemu%w any provision of the Contrsct Documents requires the giving of written rata- it will be decsnocl to have been validly given if del ivtred In person to Ilse individual or to a mternber of the firm or to an off= of the Corporation for wltortt it is intended. or if delivered at a seat by registered c ontifiod mail. posttge prepaid, to the Inst business address Itrwwn to the giver of the rwti= compaudon ef7"uucc 17.2.1. When any period of time is rdcrrcd to in the Cona2et Docutneats by days. it wiU ba co nputed to exr. ode the first and imcJuule the last day of such period. If the lass day of any such period falls on a Saturday or Sunday ter on a day recede a legal holiday by the law of the applicable jurisdiction. such day will be omitted from the Computation. 17,2.2. A calendar day or tvventyditwr lwurs mcaswcd from midnigdtt to the next [midnight will eonsti[ute a day. Iron of clod: 17.3. Should o1WNER cr Co NTP -AMR suffc v itl]trty or damage to person or property bcc2uscof any enc omission or art of the other party or of any of the other paAY s employees or agents of others for whose acts the other party is kyally liable. claim will be made in writing to aha other party within a reasonable time of the first observutce of such lgiury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waive of the provisions of any app&rabk statute of lintitalinns or repose. Cumuladve Renrrdier.' I,.a. The duties and obligations imposed by th=c General Conditions and the rights and remedies available hereunder to the paries hereto. and. in partkW- but without limitats'on. the warranties, gttaranttts and obligations imposed upon CON- TFJJ ASR by paragraphs 6.12.. 6.16. 634. 6.31. 632. 13.1. 13.12. 13.14. 14.3 and 15.2 stud all of the rights and remedies available to OWNER and ENGINEER thereunder. arc in addition to. and arc tier to be consuued In any way as a limitation of. any tights and resr"ics available to any or 211 of them which are otherwise imposed or aysr7able by LA- .ar Regulatiorts. by sperW warranty or guanpvcc or by other provbimsof else Contract Doctunents. and the precisions of this paragraph will be as effective as if repeated specifically in the Comract Documents in coot ction with each particular duty. obligation. right and remedy to which they apply. Projerstanul Fern and Court Com Inaludul 17.5. 1Whenevcr rdicmn= is nsade to'"claims. costs. lasses and damages:' it sltill indudc in each case. but oat be limited to. all fees and Charges of Crigineas, rt[t *CCtt. asmmeys and outer professianais arxi all court or arbitraxioa err other dispu[e resoludon costs. IThe remainder of this page was left blank intcntion2hy.1 67061-050 EXHIBIT GC -A TO GENERAL- CONDITIONS OF THE AGREEMENT BETWEEN OWNER AND CONTRACTOR For Use with E.fCDC No. 1910-8 (1880 ed.) DISPUTE RESOLUTION AGREEMENT OWNER And CONTRACTOR hereby agree that Article 16 of the General Conditions to the Agreement between OWNER and CONTRACTOR Is amended to include the following agreement of the parties: 16.1 Before bringing any action in court pertaining to any claim, dispute or other matter In question arising out of or relating to the Contract Documents of the breach thereof, except for claims which have been waived by the making and acceptance of final payment as provided by Article 14.13 of the General Conditions, the cialment/objector shall first define the dispute to the 'other party to this contract In writing and make a specific demand for settlement of said dispute or claim. It the other party fails to accept said demand or dispute, or offer a specific counter -proposal thereto within five (5) days of the receipt of such claim demand and settlement proposal, the claimant/objector fails to accept any counter -proposal from the other party within five (5) days of receipt thereof, the other party shall be free to submit the claim or objection to litigation In accordance with subparagraph 15.2 hereof. 16.2 Any claim, objection or dispute arising out of the terms of this agreement shall be litigated in the Nineteenth Judicial Circuit Court in and for Indian River county, Florida and the prevailing party to any resultant judgment shall be entitled to an award of all reasonable attorney's fees and court costs incurred by such prevailing party against the losing party, including reasonable appellate attorney's fees and taxed costs. 16.3 The C_O: T RAC T CR wili carry on the ..,erk and maintain the progress schedule during any such efforts to settle or litigate claims/objections or disputes between the CONTRACTOR and OWNER under the terms of this. Agreement, 00700-44 35135 6706-050 SECTION 00800 SUPPLEMENTARY CONDITIONS TABLE OF CON'T'ENTS PART I - AMENDMENTS TO GENERAL CONDITIONS Articles DEFINITIONS 2 PRELIMINARY MATTERS 3 CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS, 5 BONDS AND INSURANCE A B CONTRACTOR'S RESPONSIBILITIES 7 OTHER WORK. 8 OWNER'S RESPONSIBILITIES 9 ENGINEER'S STATUS DURING CONSTRUCTION 11 CHANGE OF CONTRACT PRICE 13 TESTS AND INSPECTION; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 14 PAYMFN T S TO CONTRACTOR ANn-COMPLETION 15 SUSPENSION OF WORK AND TERI+.MINATION 16 DISPUTE RESOLUTION 17 MISCELLANEOUS PART 11 - LISTING OF FORMS TO BE USED DUR:NG3 PROJECT CONSTRUCTION NOTICE OF AWARD NOTICE TO PROCEED FIELD ORDER WORK DIRECTIVE CHANUL- CHANGE ORDER APPLICATION FOR PAYMENT CERTIFICATE OF SUBSTANTIAL COMPLETION FINAL RECEIPT PART III - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTIIORITY OF RESIDENT PROJECT REPRESENTATIVE SUPPL,E1'NIENTARY CONDI,TIONG 2121M i CI LW 6706-050 PART 1- AMENDMENTS TO GENERAL CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EjCDC Document No. 1910-8,1990 edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. ARTICLE L DEFINITIONS SC -1.10. Insert the following language at the beginning of paragraph 1..10. SC -1.36. Delete paragraph 1.36 in its entirety and replace with the following: 1.36. Specifications -Sections included under Division 1 through Division 16 of the Project Manual as listed in the Table of Contents. SC -1.38. Insert the following at the beginning of the definition. Contract Substantial Completion shall mean either that all on-site Work including punch list items required by the Contract have been completed to where the Contractor can vacate the site and only those elements of a submittal and closeout nature remain for the attainment of Contract Final Completion, or in the event of mutual consent, as provided for in the Contract Documents, the OWNER has occupied a portion of the Work, then. Substantial Completion shall mean that. 00840-2 4D 6706-050 SC -1.45. P" Add the following new definitions after paragraph 1.45 of the General Conditions: 1.46. Conditions of the Contract - The combined General Conditions and Supplementary Conditions. 1.47. Project Manual - The Invitation for Bids, Instructions to Bidders, Bid Form, Agreement, Bonds, General Conditions, Supplementary Conditions, Specifications, and Appendices. ARTICLE 2. PRELIMINARY MATTERS SC -2.2. Delete "ten" In the first line and replace with "three". SC -2.3. Delete paragraph 2.3. of the General Conditions in Its entirety and insert the following in Its place: +� 2.3. A Notice to proceed may be given at any time within thirty days after the Effective Date of the Agreement. The Contract Time will commence at the time specified in such notice or, If ria notice Is given, thirty days following the Effective Date of Agreement, provided that the Notico to Proceed may not specify a time of commencement later than 60 days after the Effective Date of the Agreement. SC -2.6. Amend the first sentence of paragraph 2.6 of the General Conditions to read as follows: Within ten working days or fifteen calendar days after the Effective Date .... SC -2.7. Delete paragraph 2.7. of the General Conditions in Its entirety and Insert the ' following In Its place: f r' 00800-3 ' CA 40 6706-050 2.7. Before any Work at the site Is started, CONTRACTOR shall deliver to {OWNER, with copies to ENGINEER and each additional Insured identified in Article 5 of the Supplementary Conditions, certificates of Insurance (and other evidence requested by OWNER) which CONTRACTOR Is required to purchase and maintain In accordance with the requirements of Article 5. ARTICLE 3. CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE SC -3.1. Add a new paragraph immediately after Paragraph 3.1. of the General Conditions which is to read as follows: 3.1.1. Each and every provision of law and clause required by law to be inserted In these Contract Documents shall be deemed to b3 inserted herein, and they shall be read and enforced as though it were Included herein, and if through mistake or otherwise, any such provision Is not inserted, or if not correctly inserted, then upon the application of either party, the Contract Documents shall forthwith be physically amended to make such insertion. ARTICLE 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS SC -4.1. Add a new paragraph Immediately after paragraph 4.1. of the General Conditions which is to read as follows: 4.1.1. If all lands and rights-of-way are not obtained as herein contemplated before construction begins, CONTRACTOR shall begin the Work upon such land and rights-of-way as OWNER has previously acquired. SC -4.2. Add a new paragraph immediately after paragraph 4.2.1,1 of the General Conditions which is to read as follows: 00800-4 4D 6706--050 4.2.1.3..1 'ENGINEER has relied upon the data obtained from subsurface investigations made at the site in the form of test borings. Such data is in the form of boring logs is available, refer to Section 00200, information to 'Bidders, for instructions on how to obtain this data. The locntifons of the test borings are indicated on the Drawings. such Jogs and samples are not part of the Contract Documents. SC -"4.4 Contractor is responsible for measuring and recording existing swale elevations at 1.00' intervals prior to construction. Existing swale elevations shall be maintained throughout construction. Contractor is also responsible for preservation and/or replacement of any and all existing permanent survey monumentation affected by construction.. Add a new paragraph immediately after 4.4 of the General Conditions which is to read as follows! 4.4.1 ENGINEER may check the lines, elevations, reference marks, batter boards, etc., set by CONTRACTORS, and CONTRACTOR shall correct any errors disclosed by such a check. Such a check shall not be considered as approval of CONTRACTOR'S Work and shall not relieve CONTRACTOR of the responsibility for accurate construction of the entire work. CONTRACTOR shall furnish personnel to assist ENGINEER in checking lines and grades. ARTICLE 5. BONDS AND INSURANCE SC -5.1 Delete the sentence of paragraph 5.1 of the General Conditions in its entirety and insert in its place: "The CONTRACTOR shall furnish a payment bond for 200 percent of the total amount of the Did and a performance bond for 125 percent of the Bid as security for the faithful performance of all of the CONTRACTOR's obligations under the contract documents. " SC --5.4 The limits of liability for the insurance required by paragraph 5.4 of the General Conditions shall provi>_3e coverage for not less than the following amounts of greater where require by law: 5.4.i and 5.a.2 workers' Compensation (1) Workers' Compensation Statutory (2) Employer's Liability $1,000,000 00800--5 1.7 M I 6706-050 5,4.3, 5.4.4, and 5.4.5 Comprehensive General Liability Including Premise/Operations; Explosion, Collapse and Underground Property Damage; ProductslComplated Operations, Broad Form Contractual, Independent Contractors; Broad Form Property Damage, and Personal Injury liabilities: (1) Bodily Injury: $1,000,000 Each Occurrence $1,000,000 Annual Aggregate (2) Property Damage, $1,000,0+00 rence annual ch cur ®gate (3) Personal Injury, with employment exclusion deleted. $1,000,000 Annual Aggregate 5.4.6. Comprehensive Automobile Liability including all owned (private and others), hired and non -owned vehicles: (1) Bodily Injury $1,000,000 Each Person $1,000,O00 Each Accident (2) Property Damage $1,000,000 Each Occurrence 5.4.7.1 The Insurance required by paragraphs 5.4.3 through 5.4.6 shall Include the ENGINEER and ENGINEER's consultants as additional Insureds. SC -5.4.13 Add a new paragraph Immediately after paragraO 5.4.13 of the General Conditions which is to read as follows: SC -5,4,14 CONTRACTOR may purchase and maintain excess liability insurance in the umbrella form In order to satisfy the limits of liability required for the insurance to be purchased and maintained in accordance with paragraph 5.4. 'Evidence of such n,xrnss liability shall be delivered to OWNER in accordance with paragraph 2.7 in the form of a certificate indicating the policy numbers and limits of iiabiiity ulf ;iii underlying lnsu.ance. The umbrella liability Insurance shall Have a combined single limit of not less than $5,000,000. 00800-6 V C-1 40 6706-050 SC -5.6 Delete the first sentence of Paragraph 5.6 of the General Conditions and replace with the following: 5.6. CONTRACTOR shall purchase and maintain property insurance upon the Work at the site, written on the completed value form, in an amount equal to the total bid price for the completed construction. SC -5.7. Delete paragraph 5.7 of the General Conditions In Its entirety and Insert the following in Its place: CONTRACTOR shall obtain insurance which complies with the requirements of The Flood Disaster Protection Act of 1973 (Public Lew 93-234, December 31, 1973). SC -5.8. Delete Paragraph 5.8 of the General Conditions in its entirety and insert the following In its place. 5.8. All the policies of Insurance (or the certificates or other evidence thereof) required to be purchased and maintained by CONTRACTOR In accordance with paragraph 5.6 will contain a provision or endorsement that the coverage afforded will not be canceled or materlally changed or renewal refused until at feast thirty days' prior written notice has been given to OWNER, ENGINEER and each other additional Insured by certified mail. SC -5.9. Delete paragraph 5,9 of the General {Conditions in Its entirety. SC -5.10. Delete paragraph 5.10 of the General Conditions in its entirety. SC -5.11. Delete paragraph 5.11.1 of the General conditions in its entirety. SC -5.12. 161111011M 40 r�] t Ll 6705-050 Delete paragraph 5. 12 of the General Conditions In Its entirety. SC -5.13, Delete paragraph 5.13 of the General Conditions In Its entirety. SC -5.14 Delete paragraph 5.14 of tho General Conditions in its entirety and insort tho following In Its place: 5.74. 3f OWNER has any objection to the coverage afforded by or other provisions of the Insurance required to be purchased and maintained by Contractor in accordance with this Article 5 on the basis of Its not complying with the Contract Documents, OWNER will notify CONTRACTOR in writing thereof within ten days of the date of delivery of such certificates to OWNER in accordance with paragraph 2.7. CONTRACTOR will provide such additional Information In respect of Insurance provided by him/her as OWNER may reasonably request. 00800-8 s 4w Is To CERTIFY THAT POLICIES OFINsufTRl{L Tas f III t,s�OF ny C 1 5S E0_L1R MCAY PeRr AIH, 7HE w uhif E ILFFONO EO OY H@ PO LAS 4 SCRIOcO NWa , w.,+,.., FPEfx13ESNPffitSlglB I '! 8 vxth nE KAZOM I. PROCUIto MRATIOCIS JJJ OX4TRAAL WOEPEI IIT G013wzlom i ERQFA flus PACPHitt OKWI i PERSONAL w.Mif FCC£SS I Lim ..i p,[KIN OFOP£MTN3NSrCQCXTIC7N51Vrnll:�e3rarc4uw „c,.» PIAN RIVER COUNTY TO BE AN ADDITIONAL INSURED FOR THIS PROFEGT amn Dresser & McKee Inc to he an additional insured for this ro'ect SHOULDXNY OF TIRE ACMEOESCft10E0 POLICIes Be CWCELL.EO FOHg �THE�TO ]SCK TO PIRA7 Op{ DATE THeREOF, THf: ISSUING COIdPANY WILL EO TO Ski@ MALL (} OAYS y!y`t1TTEH NOTICE To TILE CERTIFICATE NOt17ETiONOftLtA TY LF_FT, OLfT FAILURE TO KM SUCH NOT1Ce SCALL gAPGSE NO O C"TA OF ANY KIf10 11POH 7?tE CGIdPIWY ITS AGEKLS QI1. f{E.PR EK7ATlYL•S, ..DIAN RIVER COUNTY 840 25TH STREET V 'R0 sEAC{i, FL 32960 and t mp Dresser & McKee Inc. d► 40 CERTIFICATE OF INSURANCE -PLEASE TAKE NOTE OF THE FOLLOWING 1. DESCRIPTION / SPECIAL ITEMS UST READ INDIAN RIVER COUNTY: TO BE ADDED AS ADDITIONAL INSURED. 2. CANCELLATION MUST READ. ENDEAVOR TO IS TO BE DELETED AND IT IS 30 DAYS WRITTEN NOTICE. • 40 6706-050 + ARTICLE 6. CONTRACTOR'S RESPONSIBILITIES SC -6.3. Add a new paragraph Immediately after paragraph 6.3 of the General Conditions which Is to read as follows. 6.3.1. Regular working hours are defined as 8 hours per day, Monday through Friday, excluding holidays, between the hours of 7:00 AM and 7:110 PM. Requests to work other than regular working hours shall be submitted to ENGINEER not less than 48 hours prier to any proposed weekend work or scheduled extended work weeks. Occasional unscheduled overtime on weekdays may be permitted provided two hours notice is given to ENGINEER. 6.3.2. CONTRACTOR shall reimburse the OWNEI for additional engineering and/or Inspection costs Incurred as a result of overtime work in excess of the regular working hours stipulated in Article SC -6.3.1. At OWNER's option, overtime costs may either be deducted from the CONTRACTOR's monthly payment request or deducted from the CONTRACTOR's retention prior to release of final payment. Overtime costs for the OWNER's personnel shall be based on the Individual's current overtime wage rate. Overtime costs for personnel employed by the ENGINEER or OWNEITs independent testing labdratory shall be calculated in accordance with the terms of their respective contracts with the OWNER. 6.3.3. This Agreement Is subject to the applicable provisions of the Contract Work Hours and Safety Standards Act, Public Law 87-581, 87th Congress. No Contractor or Subcontractor contracting for any part of the Work shall require or permit any laborer or mechanic to be employed ch the Work in excess of forty hours in any work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked In excess of forty hours in such work wdek, as the case may be. 6.3.4. CONTRACTOR shall employ only competent persons to do the work and whenever OWNER shall notify CONTRACTOR, in writing, that any person on the Work appears to be incompetent, disorderly, or otherwise unsatisfactory, such person shall be removed from the Project and shall not again be employed on It except with the consent of OWNER. SC -6.8. ` Delete Paragraphs 6.8.1 and 6.8.2 of the Geneoaal Conditions In their entlrety and insert the fnllowing In Its place: M 00800 11 40 4D k:1r IDMIX01 connection with this Contract, and his bonds will not be released by final acceptance and payment by the OWNER unless all such claims are paid or released. ARTICLE 7. OTHER WORK SC -7.5. Add a new paragraph Immediately after paragraRh 7.4 in the General Conditions which Is to read as follows; 7.5. Should CONTRACTOR cause damage to the work or property of any separate contractor at the site, or should any claim arising out of CONTRACTOR's performance of the Work at the site be made by any separate contractor against CONTRACTOR, OWNER, ENGINEER, ENGINEER's Consultants, the Construction Coordinator or any other person, CONTRACTOR shall promptly attempt to settle with such other contractor by agreement, or to otherwise resolve the dispute by arbitration or at law. CONTRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER, ENGINEER's Consultants and the Construction Coordinator harmless from and against all claims, damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and other professionals, and forms of dispute resolutions) arising directly, indirectly or consequentially out of any action, legal or equitable, brought by any separate contractor against OWNER, ENGINEER, ENGINEER's Consultants or the Construction Coordinator to the extent based on :a claim arising out of CONTRACTOR's performance of the Work. Should a separate contractor cause damage to the Work or property of CONTRACTOR or should the performance of work by any separate contractor at the site give rise to any other claim, CONTRACTOR shall not Institute any action, legal or equitable, against OWNER, ENGINEER, ENGINEER's Consultants or the Construction Coordinator or permit any action against any of them to be maintained and, -continued in its name or for its Benefit in any court or before any arbiter which Peeks to impose liability on or to recover damages from OWNER, ENGINEER, ENGINEER's Consultants or the Construction Coordinator on account of any such damage or claim. If CONTRACTOR is delayed at any time In performing or furnishing Work by any act or neglect of a separate contractor and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract Times attributable thereto, CONTRACTOR may make a claim for an extension of timu:s In accordance with Article 12. An extension of the Contract Times shall be CONTRACTOR's exclusive remedy with respect to OWNER, ENGINEER, ENGINEER's Consultants and Construction Coordinator for any delay, disruption, interference or hindrance caused by any separate contractor. This paragraph does not prevent recovery from OWNER, ENGINEER, ENGINEER's Consultant or construction Coordinator for 00800-1-5 1 F-] 40 6706-050 activities that are their respective responsibilities. ARTICLE 8. OWNER'S RESPONSIBILITIES SC -8.5. Delete paragraph 8.5. of the General Conditions ?n its entirety. ARTICLE 9. ENGINEER'S STATUS DURING CONSTRUCTION SC -9.3. Add a neve paragraph Immediately after paragraph 9.3 of the Genefal Conditions which is to read as follows: 9.3.1. ENGINEER will furnish a Resident Project Representative and assistants to assist ENGINEER In observing the performance of the Work. The duties and responsibilities of the Resident Project Representative will be as enumerated In a document entitled "Duties, Responsibilities and Limitations of the Authority of Resident Project Representative". A copy of which Is included In the Supplementary Conditions. ARTICLE 10. CHANGES IN THE WORK SC -19.1. Add the following to the end of the second sentence: "...by the Utilities Department, provided that any such written authorization shall not exceed 10% of the contract bid ,price." ' 212 4 MS 90800-14 M 0 6706-060 ARTICLE 11. CHANGE OF CONTRACT PRICE SC -1 1.4. Delete the second sentence in paragraph 11.4.9 of the General Conditions In its entirety and replace with the following: Such employees shall include foremen at the site. SC -91.6. In the second line of paragraph 11.6.2.2 before the semi colon add the following worsts "based on subcontractor's Cost of the Work"; SC -11.9. Delete paragraph 11.9.3 in its entirety and replace with the following: 11.9.3. The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment under the following conditions: 11.9.3.1. If the total' cost of a particular item of Unit Price Work amounts to 5 percent or more of the Contract Price and the variation in the quantity of that particular item of Unit Price Work performed by Contractor differs by more than 15 percent from the estimated quantity of such item Indicated In the Agreement; and 11.9.3.2. if there Is no corresponding adjustment with respect to any other Item of Work; and 11.9.3.3. If CONTRACTOR believes that CONTRACTOR has Incurred additional expense as a result thereof; or if OWNER believes that the quantity variation entities OWNER to an adjustment In the unit price, either OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price In accordance with Article 11 if the parties are unable to agree as to the effect of any such varlatlons !n the quantity of Unit Price Work performed. t ARTICLE 13. TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK SC -13.4 Amend first sentence of paragraph 13.4 of the General Conditions by striking out the first word "OWNER" and replace it with the word "CONTRACTOR". 00800-15 • 40 6706-060 SC -13.10. Add a new paragraph Immediately after paragraph 13.10 of the General Conditions to read as follows. 13.10.1. If the OWNER stops Work under Paragraph 13.10 CONTRACTOR shall be entitled to no extension of Contract Time or Increase in Contract Price. ARTICLE 14. PAYMENTS TO THE CONTRACTOR AND COMPLETION SCG -14.2. Amend the first sentence of paragraph 14.2. of the General Conditions by striking out the word "twenty" and inserting the word "forty", In Its place, and as so amended, paragraph 14.2 remains In effect. Add a new paragraph immediately after paragraph 14.2 of the General Conditions which Is to read as follows. 14.2.1. The CONTRACTOR shall furnish evidence that payment received on the basis of materials and equipment not incorporated and suitably stored, has in fact been paid to the respective supplier(s) within sixty days of payment by OWNER. Failure to provide such evidence of payment may result in the withdrawal of previous approval(s) and removal of the cost of related materials and equipment from the next submitted Application for Payment. SC -14.3. Add two new paragraphs immediately after paragraph 14,3. of the General Conditions which are to read as follows; 14.3.1. No materials or supplies for the Work shall be purchased by CONTRACTOR or Subcontractor subject to any chattel mortgage or under a conditional sale .:contract or other agrWEment by ..hich an I„terast Is retuinea by the seller. CONTRACTOR warrants that he has good title to all materials and supplies used by him In the Work, free from all liens, claims or encumbrances. 14.3.2. CONTRACTOR shall indemnify and save OWNER harmless from all claims gravvinn out of the lawful de -hands of Subcontractors laborersworkmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, Including commissary, incurred in the furthoranco of the performance of this Contract. CONTRACTOR shall at OWNER's request, furnish satisfactory evidence that 911 obligations of the nature hereinabove designated have a� 00800-16 6706 -Oso been paid., discharged, or waived. If CONTRACTOR falls to do so, then OWNER may, after having served written notice on the said CONTRACTOR either pay unpaid bills, of which OWNER has written notice, direct, or withhold from the CONTRACTOR"s unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence Is furnished that all liabilities have been fully discharged whereupon payment to CONTRACTOR shall be resumed, In accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to Impose any obligations upon OWNER to either CONTRACTOR or his. Surety. in paying any unpaid bills of the CONTRACTOR, OWNER shall .be deemed the agent of CONTRACTOR and any payment so made by OWNER, shall be considered as payment made under the Contract by OWNER to CONTRACTOR and OWNER shall not be liable to CONTRACTOR for any such payment made In good faith. f SC -14.4. Add four new paragraphs immediately after paragraph 14.4. of the General Conditions which are to read as follows. 14,4.1. Should CONTRACTOR neglect to pay any undisputed claims, made In writing to OWNER within thirty days after completion of the Work, but continuing unsatisfied for a period of ninety days, OWNER may pay such claim and deduct the amount thereof from the balance due CONTRACTOR. OWNER may also, with the written consent of CONTRACTOR, use any monies retained, due, or to become due under this Contract for the purpose of paying for both labor and materials for the Work, for which claims have not been filed. 14.4.2. Security Is provided both by the Payment Bond and the power of OWNER to retain any monies for claims, but payment by one shall in no way Impair or discharge the liability of the other. 14.4.3. Any and all liens for �,nrork and materials may be paid off by OWNER within a reasonable time after filing for record in accordance with State and local laws, a notice of such liens except where the claim on which the lien Is filed is being litigated by CONTRACTOR, and in such case OWNER may pay the amount of any final judgment or decree or any such claim within a reasonable time after such final judgment or decroe shall be rendered. 14.4..4. All monies paid by OWNER in settlement of liens as aforesaid, with the costs and expenses incurred by OWNER in connection therewith, shall be charged to CONTRACTOR, shall bear interest at the rate of three percentage points above the rediscount rate then charged by the Federal Reserve Bank, and shall be C-1 4B 6746-454 deducted from the next payment due CONTRACTOR under the tarms of this Contract. 5C-14.13. Delete paragraph 14.13. of the General Conditions in Its entirety and insert the following In Its place: 14.13. If, on the basis of ENGINEER's observation of the Work -during construction and final Inspection, and ENGINEER's review of the final Application for Payment and accompanying documentation - all 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 Indicate In writing his recommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Otherwise, ENGINEER will return the Application to CONTRACTOR, Indicating In writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as to form and substance, OWNER shall, within sixty-five days after receipt thereof pay CONTRACTOR the amount recommended bl ENGINEER. SC -14.13.1. Add a new paragraph Immediately after paragraph 14.13 of the General Conditions which Is to read as follows: 14.13.1. Final payment will be reduced by the amount of excessive costs of plant Inspection of pipe. Excessive costs are defined as the inspection costs Incurred by OWNER for that amount of pipe which exceeds 125 percent of the aggregate ietigih of each type instaiied. ARTICLE 15. SUSPENSION OF WORK AND TERMINATION SC -15.2. Add a new paragraph immediately after paragraph 15,2.4. of the General Conditions which is to read as follows: 15.2.5. If CONTRACTOR abandons the Work, or sublets this Contract or any part thereof, without the previous written consent of OWNER, or if the Contract or any 4D 4D 6706-050 r claim thereunder shall be assigned by CONTRACTOR otherwise than as herein specified; ARTICLE 16. DISPUTE RESOLUTION SC -16. Add a new sentence at the end of Article 16 of the General Conditions which Is to read as follows: CONTRACTOR shall carry on the work and maintain the progress schedule during the dispute resolution proceedings, unless otherwise agreed by himfher and OWNER in writing. ARTICLE 17. MISCELLANEOUS SCA 7.6. Add a new paragraph Immediately after paragraph 17.5. of the General Conditions which is to read as follows: 17.6. Both the address given In the Bid Form upon which this Agreement Is founded, and CONTRACTOR's office at or near the site of the Work are hereby designated as places to either of which notices, letters, and other communications to CONTRACTOR shall be certified, mailed, or delivered. The delivering at the above named place, or depositing In a postpaid wrapper directed to the first -named place, In any post office box regularly maintained by the post office department, of any notice, letter or other communication to Contractor shall he deemed sufficient service thereof upon CONTRACTOR; and the date of said service shall be the date of such delivery or mailing. The first -named address may be changed at any time by an instrument In writing, executed and ar_.knowledged by CONTRACTOR, and delivered to OWNER and ENGINEER. Nothing heroin contained shall be deemed to preclude or render Inoperative the service of any notice, 'letter, or other communication upon CONTRACTOR personally. SC -17.7. Add the following new paragraphs immediately after paragraph 17.5. of the Supplementary Conditions: +f 40 [+ 81 --ml it f7 17.7. The form of all submlttals, notices, chango orders and other documents permitted or required to be used or transmitted under the Contract Documents shall be determined by the ENGINEER. The forms for Notice of Award, Notice to Proceed, and Final Receipt which the FNGINEER expects to use are contained In the subsequent pages of those Supplementary Conditions. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY CI 010 I 67+06-080 NOTICE OF AWARD Dated , 19 TO: (Bidder) PROJECT NO. PROJECT OWNER'S CONTRACT NO. CONTRACT FOR (Insert Name of Contract as It appears In the Bidding Documents) You are notified that your Bid dated ,'199_ for the above Contract has been considered. You are the apparent successful Bidder and have been awarded a contract for iindicate total Work, alternates or sections of Work awarded) The Contract Price of your contract is Dollars Enclosed are seven (7) copies of the Contract Documents for your execution and subsequent return to this office for further processing. You must comply with the following conditions precedent within fifteen (15) days of the date of this Notice of Award, that Is by _ , 19—. 1. Execute all copies of the Agreement. Each Project Manual and set of contract drawings must bear your signature on the cover sheet. Do not date the 40 40 r� 6706-050 Agreements or bonds; this will be accomplished upon execution of the contracts by the OWNER. Submit a power of attorney authorizing OWNER to date bonds and Agreements. 2. Submit seven (7) copies of the Performance and Payment Bonds. Instructions to the Surety and the Principal for execution of the bonds are as follows:. Where the CONTRACTOR is a Corporation, the Agreement and any bonds must be executed by the President or the Chairman of the Board of the corporation. The Agreement or Bond is accompanied by a statement certified by a Secretary of the Corporation. The signatures of the persons executing the bond on behalf of the Principal and of the Surety, respectively, shall each be dated on the signature line. If the bond Is executed by an Attorney -in -Fact for the Surety, the accompanying Power of Attorney must be executed by persons whose authority to do so Is plainly Identified on the face of the Power of Attorney. Neither signatures nor the Corporate Seal may appear by facsimile unless the authority for them to appear in that form is plainly disclosed on the face of the document. The Secretary or other properly authorized Officer must certify and seal a statement declaring that the authority granted by the Power of Attorney remained in force on the date that the bond was executed by the Attorney -in -Fact. 3. Include seven (7) copies of the Certificate of insurance. The Certificate must name the OWNER as an additional insured and the standard cancellation clause must read as follows: "$hould any of the above described policies be cancelled or changed by restricted amendment before the expiration date thereof, the issuing Company will gime thirty (30) days written notice to the below named certificate holder." Failure to comply with these conditions within the time specified will entitle OWNER to consider your Bid abandoned, to annul this Notice of Award and to declare your Bid Security forfeited. Within twenty (20) days after you cmmnly with the above conditions, the OWNER will return to you one fully signed counterpart of the Contract Documents attaoiled. if you have any questions, or if we can be of any further assistance, please do not hesitate to contact this office. Gm 40 4 TO, NOTICE TO PROCEED BATE: PROJECT: Indian River County Department of Utility Services Project No. IRC Bid No. Project Name: You are hereby notified to commence work in accordance with the agreement dated , 19 , on or before , 19 You are to complete the work within consecutive calendar days from this date. The date of completion of all work is, therefore, the day of , 19_ INDIAN RIVER COUNTY i 1 Michael C. Hotchkiss, P.E. Environmental Engineer ACCEPTANCE OF NOTICE Receipt of above NOTICE TO PROCEED is hereby acknowledged by this the day of 19 , by _ Signature Typed Name Title: 00800-25' Pre-Const!Mctlon Checklist Recorded Instimnee Payment and Performance [fond Eweculed Agreement Board Approval Dated DLP Construction Penni` 40 40 6706-050 u THIS PAGE LEFT BLANK INTENTIONALLY a08W26 40 40 6706-050 F PROJECT: OWNER: TO: FIELD ORDER FIELD ORDER NO. DATE - CONTRACT NO: OWNER'S PROJECT NO: CONTRACT DATE: This Field Order is issued to interpret/clarify the Contract Documents, order minor changes In the work and/or memorialize trade-off agreements. Both parties hereby agree that the work described by the Field Order is to be accomplished without change in Contract Sum, Contract Time, and/or claims for other costs. DESCRIPTION: (Here insert a written description of the interpretation, change of agreement.) FIELD ENGINEER: BY: CONTRACTOR: BY: 00800 -?7 I G-1 i WORK DIRECTIVE CEIAl+iG'E (Instructions on reverse side) No. PROJECT:DATE OF ISSUANCE: OWNER: (Name, Address) CONTRACTOR: OWNER`s Project No. ENGINEER: CONTRACT FOR: ENGINEER's Project No. You are directed to proceed promptly with the following change(s)'- Description: hange(s):Description: Purpose of Work Directive Change: Attachments. (list documents supporting change) if a claim is made that the above change(s) have affected Contract Price or Contract Time, any claim for a Change Order based thereon will involve one of the following :methods of determining the effect of the change(s). Method of determining change in Method of determining change in Contract Price: Contract Time: - 0 Time and materials ❑ Contractor's records ❑ Unit prices ❑ Engineer's records ❑ Cost-plus fixed fee ❑ Other ❑ Other Estimated increase (decrease) in Contract Estimated increase (decrease) in Contract days. If the change Price: If the change involves an increase, the esti.. Time: Y+ involves an increase, the cstiirlMed ti- i-- to be exceeded without further autho- smated matedamount is not io be `xceeded with- not out further authorization. rization. (RECOMMENDED: by F_JCDC No. 1910.8-F ( 1993 F.diti in) A4J-THORIZED: by a:iaed cf,errl 0 Arnelb:1. C-1 40 [f WORK DIRECTIVE CHANGE INSTRUCTIONS A. GENERAL MORMATION This document was developed for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project. These changes are Often initiated in the field and may affect the Contract Price or the Contract Time. This is not a -Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. For supplemental instructions and minor changes not involving a change in the Contract Price or the Contract Time, a Field Order may be used. B. COMPLETING THE WORK iIIREcTM CHANGE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes lite fol- lowing: METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT PRICE: Mark the method to be used in determining the final cost of Work involved and the net effect on the Contract Price. If the change involves an increase in the Contract Price and the estimated amount is approached before the additional or changed Worst is completed, another Work Directive Change must be issued to change the time or Contractor may stop the changed Work when the estimated time is reached. If the Work Directive Change is not likely to change the Contract Time, the space for estimated increase (decrease) should be marked "Nat Applicable' METHOD OF DETERMINING CHANGE, IF ANY, IN CONTRACT TIME: Mark the method to be used in determining the change in Contract Time and the estimated increase or decrease in Contract Time. If the change involves an increase in the Contract Time and the estimated time is approached before the additional or changed Work is completed, another Work Directive Change must be issued to change the time or Contractor may stop the changed Work when the estimated time is reached. If the Work Directive Change is not likely to change the Contract Time, the space for estimated increase (decrease) should be$marked "Not Applicable". Once Engineer has completed and signed the form, all copies should be sent to Owner for authorization because Engineer alone does not [lave authority to authorize changes in Price or Time. Once authorized by Owner, a, -copy should be sent by Engineer to Cnn- tractor. Once the Work covered by this directive is completed or final cast and time determined, Contractor should submit documentation for inclusion in a Change Order. THIS IS A DIRECTIVE TO PROCEED WITH A CHANGE THAT MAY AFFECT THE CON L ACT PRICE OF'rHE CONT `ACT TIM A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. 40 +! I :Instructions on reveUe side) No. PROJECT: DATE OF ISSUANCE: OWNER: {Name, Address) ' CONTRACTOR. OWNER's Project No, ENGINEER: CONTRACT FOR: ENGINEER'S. Project No. You are directed to make the following changes in the Contract Documents, Description: Purpose of Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE. CHANGE IN CONTRACT TIME: Jriginal Contract Price Original Contract Time S = d+rs Previous Change Orders No. to No. i Net change from previous Change Orders ter+ Contract Price prior to this Change Order Contract Time Prior to this Change Order a.r. w due 'Iet Increase (decrease) of this Change Order P.at Increase (decrease) of this Change Order S } d.rl Contract Price with ail approved Change Orders Contract Time with all approved Change Orders days a due tECOMMENDEO: 1 by —^ 1,.,ICDC No. 1910.84111987 Fditinnt APPROVED: "PROVED: by c- 1 by ronv+c"ae CHANGE ORDER INSTRUCTIONS o A. GENERAL INFORMATION This document was developed to prdvide a uniform format for handling contract changes that affect Contract Price or Contract Time. Changes that have been initiated by a Work Directive. Change must be incorporated into a subsequent Change Order if they affect Price or Time. Changes that affect Contract Price or Contract Time should be promptly covered by a Change Order. The practice of accumulating change order items to reduce the adminis ` trative burden may lead to unnecessary disputes. For supplemental instructions and minor changes not involving a change in the Contract Price or Contract Time, a Field Order may be used. D. COMPLETING THE CHANGE ORDERFORM Engineer initiates the form. including a description of the changes involved and attach- ments based upon documents and proposals submitted by Contractor, or requests from Owner, or both. Once Engineer has completed and signed the form, all copies should be sent to -Contractor for approval. After approval by Contractor, all copies should be sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. If a change only applies to price or to time, cross out the part of the tabulation that floes not apply. 4D APPLICATION COIL PAYMENT NO. To— Contract a Contract for OWNER's Project No. ENGINUR's Project No. For Work accomplished through the bate of — Accompanying Documentatfort: GROSS AMOUNT DUE ....................... S LESS —% RETAINAGE ................... $— A MO U NT - AMOUNT DUE TO DATE ..................... S LESS PREVIOUS PAYMENTS ................ S AMOUNT DUE THIS APPLICATION ......... S CONTRACTOR'S Certification: The undcrsigacd CONTRACTOR certifies that [1] all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with Work covered by prior Applications for Payment numbered I through -Inclusive; and (i) title to aU materials and equipment incorporated in said Work or otherwise listed in or covercd by this Application for Payment will pass to OWNER at time of payment free acid clear of all liens, claims, security interests and encumbrances (except s%ich as covered by Bond acceptable to OWNER): Dated 19 - cOMTRAL70 By Payment of the above AMOUNT' DUE THIS APPLICATION is recommcndcd. Dated --• 19 lly 4D r APPLICATION FOR PAYPAEN f riS'II RWLIONS I A. GENERAL INFORMATION This standard form is intended as a guide only. Marty ,projects require a much moire extensive form with space for numerous items, descriptions of Change Orders, identifi- cation of variable quantity adjustments, summary of materials and equipment stored at cite site and other information. it is expected that a separate form will be developed by Engineer or Contractor at the time Contractor's Schedule of values is finalized. Note also that tile format for retainage must be changed if cite Agreement permits (or the Law provides), and Contractor elects, the deposit of securities in lieu of retainage. Refer to Article 14 of the General Conditions for provisions concerning payments to Contractor. B. COMPLETING THE FORM The Schedule of Values, submitted and approved as provided in paragraphs 2.6.3 and 2.9 of the General Conditions, should be copied in the space indicated on the Application For Payment form. Note that the cost of materials and equipment is often listed separately from the cost of their installation. All Change 'Orders affecting the Contract Price should be identified and include such supplemental Schedules of Values as required for progress payments. The form is suitable for use in the Final Application for Payment as well as for progress Payments; however, the required accompanying documentation is usually Inure extensive for final payment. All accompanying documentation should be identiCed in the space provided on the form. C. ENGINEER'S REVIE, W Engineer inust review all Applications for Payment with care to avoid recommending any payments not yet earned by Contractor. All accompanying documentation or legal nature, such as lien waivers, should be reviewed by an attorney, and Engineer should so advise Owner.. No to � ` CERTIFICATE QFSUBSTANTIAL COMPLETION . owo\�n�n�rn�,oNu—...--._,_. o���m�pn�owmo..—...-,,,~_,,, ' � ' pnd*u.....~—..^.~.—~..' ~^----- . ........... ................. ...... —~.—...^~-................ —....~...~.^..-.- cvoun: oam--..^.^—...^..-'^.~. numnwx�n-----~..^.^~.~.~~^'- mommxmw�w��m� T�,cm,un,mvvromnt�umnvmv�,moup�u�mvmvmmuoa�muConnmov�mnms", `. ..—.---.-.~-----------.. x�~-`^^^^^—''^—~^^~~~^~^^'--'6���� ' —.---~—.—..--------_—.. '[1he Work to which this Certificate applies has been inspecttd-by authotizcd Ltpceseotativcs of O�VJIER. CON'TRACTOR and ENGINEER. and that 'Work is hcrcby dccWed to be ItIbsta.-alally Coalpletc in accordance vlith the Contract Documents an .. ` ----' .. ------ DATE OF SUBSTANTIAL COMPLETION xte*"o."xweit"m^mu, tilemp"m°"""°»»m" �cwu"""|�m�«a",""'"/m.a u^cItIsive, and the faflure to ^v°`�"`~~~^`��In to���'-'rom�nmc�nn°wx�_--_-��wm c°,v�vto�*mrw,.The imm"/"m"umm*"xu`uu/»=wmv��uvr corrected by vrthe above date o/xoo'='xxCompletion. an:ncww^mm�owovmau»m" mm,m,=^endo"mbyn,^"*6^tcdo°"ralcdn(RmOCIm^mt«ca. C-1 4 r -n 1 tc responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, creat. utilities, insurance and warranties shall be as Follows: RESPONSIBILITIES; OWNED: CONTRACTOR. The following documents arc attached to and made a part of this Certificate: This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with (tic Contract Documents. Executed by ENGINEER on .................... l9 ............ ....................•••• ............................,......... ENOME:R By.................................. I ................... I...... CONTRACTOR accepts this Certificate of Substantial Completion on .................................... 14 ............. COPiTRhCvcif By........................... a. ....... .................. OWNERaccepts this Certificate of Substantial Completion on ............................................ 14 ............. .......................I...........I............... GwNt:R By.......................................... ............... F-1 4W 6706-050 r^ s FINAL RECEIPT Deceived this day of A.D., 19 of as full and final payment of the cost of all improvements provided for In the foregoing contract the sum of Dollars and Cents, 0 j, In cash, being the full amount accruing to the undersigned by virtue of said Contract, said cash covering and including full payment for all extra work and material furnished by the undersigned in the construction of said Improvements, and all incidentals thereto, and the undersigned hereby releases the said from all claims whatsoever growing out of the said Contract. These presents are to certify that all persons doing work upon or furnishing materials or supplies for said improvements under the foregoing Contract have been paid in full. The undersigned further certifies that all taxes imposed by Chapter 212, Florida Statues (Sales and Use Tax Act), as amended, have been paid and discharged. 2. -)Ins CONTRACTOR 00800-37 w 40 ox 0 f THIS PAGE LEFT BLANK INTENTIONALLY k. L L 00800-38 2121196 40 6706-080 DUTIES, RESPONSIBILITIES AND LIMI i ATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE A. GENERAL Resident Project Representative Is ENGINEER'S Agent, will act as directed by and under the supervision of ENGINEER, and will confer with ENGINEER regarding his actions. Resident Project Representative's dealings In matters pertaining to the ion -site Work shall In general be only with ENGINEER and CONTRACTOR, and dealings with Subcontractors shall only be through or with the full knowledge of CONTRACTOR. Written communication with OWNER will be only through or as directed by ENGINEER. F B. DUTIES AND RESPONSIBILITIES Resident Project Representative will 1. Schedules: Review the progress schedule, schedule of Shop Drawing submissions and schedule of values prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. 2. Conferences; Attend preconstruction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend In advance. Attend meetings, and maintain and circulate copies of minutes thereof. 3. Liaison: a. Serve as ENGINEER'S liaison with CONTRACTOR, working principally through CONTRACTOR'S superintendent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as OWNER'S liaison with CONTRACTOR when CONTRACTOR'S operations affect OWNER'S on-site operations. b. As requested by ENGINEER, assist in obtaining from OWNER additional details or information, whan required at the job site for proper execution of the Work. 00800-39 C> i 6706-050 4. Shop Drawings and Samples: a. Receive and record date of receipt of Shop Drawings and samples, recelve samples which are furnished at the site by CONTRACTOR, and notlfy ENGINEER of their availability for examination. b. Advise ENGINEER and CONTRACTOR or his superintendent immediately of the commencement of any Work requiring a Shop Drawing or sample submission if the submission has not been approved by the ENGINEER. 5. Review of Work, Rejection of Defective Work, Inspections and Tests. a. Conduct on-site observations of the Work In progress to assist ENGINEER In determining If the Work is proceeding in accordance with the Contract Documents and that completed Work will conform to the Contract Documents. b. Report to ENGINEER whenever he believes that any Work Is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, tests or approval required to be made or has been damaged prior to final payment, and advise ENGINEER when he believes Work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. c. Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that CONTRACTOR maintains adequate records thereof, observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and repot to ENGINEER. 6. Interpretation of Contract Documents: Transmit to CONTRACTOR engineer's clarifications and interpretation:; of the Contract Documents, 7, Modifications. Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. 21z1tut, 00800-40 1 410 r, 6706-050 8. Records: a. Maintain at the job site orderly flies for correspondence, reports of job conferences, Shop Drawings and samples submissions, reproductions of original Contract Documents Including all Addenda, change orders, field orders, additional Drawings Issued subsequent to the execution of the Contract, ENGINEEITS clarifications and Interpretations of the Contract Documents, progress roports, and other Project related documents. b. Keep a diary or log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufacturers, fabricators, -- suppliers and distributors, dally activities, decisions, observations In general and specific observations In more dotall as the case of observing test procedures. Send copies to ENGINEER. c. Record names, addresses and telephone numbers of all contractors, Subcontractors and major suppliers of :materials and equipment. 9. Reports: a. !Furnish ENGINEER periodic reports as required of progress of the Work and CONTRACTOR'S compliance with xhe approved progress schedule and schedule of Shop Drawing submissions. b. Consult with ENGINEER In advance of scheduled major tests, Inspections or start of Important phases of the Work. c. Report Immediately to 'ENGINEER upon the occurrence of any accident. 10. Payment Requisitions: Review applications for payment with Contractor for compliance with the established procedure for their submission and forward them with recommendations to ENGINEER} noting particularly their relation to the schedule of values, Work completed and materials and equipment delivered at the site but not Incorporated in the Work. 11. Certificates, Maintenance and Operation Manuals: During the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the Items actually installed, and deliver this material to ENGINEER for his review anal iorwarding to OWNER prior to -final acceptance of the Work. 2121195 00800-41 6706.050 12. Completion: a. Before ENGINEER Issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. b. Conduct final inspection in the company of ENGINEER, OWNER and CONTRACTOR and prepare a final list of items to be completed or corrected. c. Verify that all Items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. LIMITATIONS OF AUTHORITY Except upon written Instructions of ENGINEER, Resident Project Representative: 1. Shall not authorize any deviation from the -Contract Documents or approve any substitute materials or equipment. 2. Shall not exceed limitations on ENGINEER'S authority as set forth In the Contract Documents. 3. Shall not undertake any of the responsibilities of CONTRACTOR, Subcontractors or CONTRACTOR'S superintendent, or expedite the Work. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for In the Contract Documents. 5. Shall not advise on or issue directions as to safety precautions and programs in connection with the Work. 6. Shall not authorize OWNER to occupy the-1'r0ject in whole or in part.. 7. Shall not participate in specialized field or laboratory tests. END OF SECTION 00800-42 2121195 i 40 DIVISION I GENERAL REQUIREMENTS 4D (UGC01000.FMT);aa SECTION 01000 SUMMARY OF WORK r PART 1- GENERAL 1.01 LOCATION OF WORK The work is generally located in the 59n Avenue right-of-way west of Kings Highway(58 Avenue), South of Cherry Lane (33,d Street) as shown on the construction plans. 1.02 DESCRIPTION OF WORK Construction of approximately 36 L.Y. of 6" DIP and 780 L.F. of 6" PVC and 490 L.F. of 4" PVC water main in the Cherrywood Estates Subdivision from an existing water main located on Cherry Lane, along with fire hydrants and services. Restore t11right-of-ways as close as possible to the pre -construction condition or better. Construction consists of, but is not limited to, utilities exploration, coordination with any permitting agencies, trenching, dewatering;, installation of pipe with fittings and all appurtenances, restrainers, and soil compaction, disinfection, testing (includes providing temporary jumper or another approved �metlod for disinfection and flushing) irrigation repair and traffic control. The PVC pie shall be C-900 and the DIP pipe shall bepressure class 350 DIP per Indian River County Utility St=dards and Specifications (with metal thickness equal or exceeding the Class 50 for under road). The Contractor shall clearly specify the one used on the bid. PART 2 - PRODUCTS Not applicable PART 3- EXECUTION Not applicable END OF SECTION 01000-1 4W 4& SECTION 01025 MEASUREMENT AND PAYMENT PART 1 -- GENERAL 1.01 1.02 1.03 GENERAL (UGCO1025.FMT):aa Measurement and payment will be based upon work completed and accepted in accordance with the Contract Documents. No separate payment will be made for excavation, trenching, dewatering, backfilling, leakage tests, surveying, density tests, or other incidental items of work not shown in the Agreement. EQUIPMENT AND MATERIALS IN STORAGE Partial payment. for materials and equipment in proper storage at the site of the work or other approved storage site will be made for those items for which the Contractor has submitted paid invoices to the Engineer. The partial payment for stored materials will be 50% of the value of materials and equipment, based on receipted bills, furnished but not incorporated in the work, as determined by Engineer. MEASUREMENT A. Mobilization: Measurement shall be on a lump sum basis, and shall be limited to the following maximum amounts: ORIGINAL CONTRACT AMOUNT MAXIMUM AMOUNT OE FROM MORE THAN TO ANDNCLUDING ITEM FOR MOBILIZATION 0 100,000 3,000 100,000 500,000 1.5,000 500,000 1,000,000 3U,000 1,000,000 2,000,000 60,000 2,000,000 3,000,000 90,000 3,000,000 4,000,000 120.000 4,000,000 5,000,000 125,000 5,000,000 6,000,000 150,000 6,000,000 7,000,000 175,000 7,000,000 10,000,000 200,000 10, 000, 000 -------------- 250,000 01025-1 4W 4W should the lump sum price bid for the item Mobilization exceed the maximum permissible amount for this item, as specified herein, the bid price will be reduced,to the maximum permissible amount, and the reduced price will be used in correctly determining the total price for comparison of bids received. f. Pipe: Pipe will be measured along the centerline of the pipe installed. No deduction will be made for the length of valves and fittings installed in the line. Where the measurement terminates at a valve, bend, tee, or other fitting, the centerline of the valve or fitting shall be the point of termination. All required pipe lining, coating, encasement material, restraining devices, and thrust blocks shall be included in the cost of the pipe. C. Fittings: Measurement of cast iron and ductile iron fittings shall be on the basis of weight. The weights used to determine the quantity installed shall be the weights of the appropriate fittings as listed in the supplier's invoice or catalog. When mechanical joint fittings are required, the weight of the gland bolts and gaskets shall not be added. to the listed weight of the fittings. Where fl.anged fittings are furnished, the weight of the bolts and gaskets shall not be included. D. Plug Valves and Tapping Valves: Measurement shall be on the basis of furnishing and installing each type and size of valve (and tapping sleeve, if applicable) required, including the valve box, cover, and other associated items. F. Concrete Sidewalk and Driveway Replacement; Measurement of concrete for sidewalk and driveway replacement shall be computed using the linear feet, as measured along the pipe, or sidewalk and/or driveway removed and replaced as a result of Contractor's operations. Minimum widths of replacement shall be as described in specifications or as shown on the plans. No separate payment will be made for sawcutting, excavation, formwork, reinforcing, or other work or materials required in connection with concrete construction. F. Concrete Encasement: Measurement of concrete for encasement shall be on the basis of the number of 01025-2 CI • cubic yards of concrete installed, except that the maximum allowable quantity of concrete installed shall not exceed the values given below: Pipe Size (Inches) Max Concrete for EncaseDent ofPipe) G 0.09 8 0.10 10 0.11 1.2 0.12 G. Asphaltic Pavement Replacement: Measurement of asphalt pavement replacement shall be computed using the linear feet as measured along the pipe of asphalt removed and replaced as a result of Contractor's operations. Minimum width of replacement shall be as described in the specifications or as shown on the plans. Unit price shall include sawcutting, base and subgrade materials, compaction, etc. H. Grassing: Measurement of grassing (seed or sod) shall be computed using the linear feet, as measured along the pipe, of grassed area disturbed and restored as a result of Contractor's operations. The entire width of the disturbed area shall be grassed. Payment shall include all necessary grading, soil preparation, seeding, sodding, fertilizer, mulch, and irrigation. 1.04 PAYMENT Payment will be made at the respective contract unit and/or lump sum price for each item shown in the Agreement, installed and accepted, which price and payment shall constitute full compensation for furnishing all materials and performing all work in connection therewith and incidental thereto. No separate payment will be made for the preparation of record drawings. 1.05 RESTORATION OF DAMAGED SURFACES, STRUCTURES AND PROPERTY Where pavement, trees, shrubbery, fences, or other property or surface structures not designated as pay items have been damaged, removed, or disturhed by the Contractor, whether deliberately or through failure to carry out the requirements of the Contract Documents, state laws, municipal ordinances, or the specific direction of the Engineer, or through failure to employ usual and reasonable safeguards, such property and 01025-] • C> surface structures shall be replaced or repaired at the expense of the Contractor to a condition equal to that before work began within a time frame approved by the Engineer. END of SEcrloN 01025-d 40 (UGCO1060,FMT);aa { SECTION 01060 REGULATORY REQUIREMENTS AND NOTIFICATION PART 1 w GENERAL 1.01 PERMITS REQUIRED A. Florida Department of Environmental Protection: The general permit from the Florida Department of Environmental Protection (FDEP) for the project is being obtained. B. INDIAN RIVER COUNTY: The Contractor, along with the Utilities Department, must obtain right--of-way permit(s) from Indian River County prior to initiating construction. It typically requires one week processing time to receive a right-of-way permit. There is no processing fee for the permit. One set of construction plans must be submitted along with a permit application to the Indian River County Engineering Department. The conditions of the County right-of-way permits are as follows: 1. Applicant shall not begin construction of any kind in the County right-of-way prior to application and issuance of a valid permit by Indian River County. 2. Any area disturbed in the County right-of-way must be restored by applicant to a condition equal to or better than existing just prior to construction, including but not limited to compaction, grading, paving, seeding and mulching, sodding, etc., as the case may be. The quality of construction, materials, and workmanship shall be in accordance with County standards. All disturbed areas shall be restored within 48 hours after excavation. 3. Applicant shall notify the County Engineering Division at least 48 hours prior to the placement of concrete, paving of asphalt, installation of culverts, or backfilling of trenches, so that the County may inspect installations as necessary. Applicant shell further notify the County in writing of its request for final inspection and approval at the completion of the permitted activity. 01060--1 C-1 40 4. The applicant shall assume responsibility for all maintenance, replacement, or removal of any right -of -xray improvement authorized by this permit; and applicant further agrees by acceptance of this permit to indemnify and save harmless the County, its officers, employees, or agents, from any damages, claims, causes of action, or losses, whether for personal injury, loss of life or property damage, arising from the actions or omissions of applicant, its officers, agents, or employees, associated with the placement, maintenance or removal of installations authorized by this permit. The applicant agrees to use all reasonable care under the given circumstances to assure that members of the traveling public are not unreasonably inconvenienced nor endangered by the activities conducted hereunder, including the use of reflectorized barriers, warning signals, flagmen, or other prudent measures. 5. The validity of this permit is contingent upon applicant obtaining necessary permits from any other agencies having jurisdiction. Issuance of this permit does not relieve applicant of liability for trespass to private property. 6. This permit shall be considered a license only, for the limited purpose of installation, placement, and maintenance of the improvements specified on the face hereof, and does not convey any other right, title, or interest of the County in the subject right-of-way property. 7. Applicant agrees to remove or alter such installations without objection or cost to the County as the County may direct, at any time and within a reasonable time after receipt of direction by the County Engineer or his authorized representative. 41060-2 FI • 8. Applicant is cautioned that electrical, water and sewer, or other installations or utilities may be located within the construction area, and applicant shall use diligent efforts to first detect and locate all such installations, and shall coordinate construction with all other lawful users of said right-of-way. Applicant shall be liable in every manner for all damages proximately resulting from its interference with or interruption of services provided by other lawful right-of-way users. In cases where a concrete driveway is to extend to a paved road, that portion of the driveway from property line to the edge of the road pavement shall be a minimum thickness of six (6) inches, If the road is unpaved, the concrete/asphalt driveway shall not extend beyond the property line. C. Other Permits Required: The Contractor is responsible for obtaining any discharge permits that may be required by local drainage districts. 1.02 NOTIFICATION A. Indian River County: The Contractor is required to notify the Indian River County Utilities 'Department 48 hours prior to initiating construction (Michael Hotchkiss, 561-774-5321). The Contractor is required to notify the Indian River County Road and Bridge Department 72 hours prior to blocking any County roads or detouring any traffic (Jim Davis, P.E., 561-567-000, Extension 245). B. Utility Companies: Contractor shall notify the following known utility companies in the area 48 hours prior to initiating construction: U.N.L.L.E., 1-800--432--4770 Southern Bell Telephone,w.G, Gallagher, 561-468- 5538 TCI Cablevision, Craig Bowers, 561--567-3444 Ext. 51 C. The Contractor shall give the Engineer not less than seven (7) calendar days notice of the time arau place (or places) where he will start the work. 01060-3 C-1 40 (UGC01090.FMT):aa SECTION 61090 iy REFERENCE STANDARDS PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED Abbreviations and acronyms used in contract Documents to identify reference standards. 1.02 QUALITY ASSURANCE A. Application: When a standard is specified by reference, comply with requirements and recommendations stated in that standard, except when requirements are modified by the contract Documents, or applicable codes establish stricter standards. B. Publication Date: The publication in effect on the date of issue of Contract Documents, except when a specific publication date is specified. 1.03 ABBREVIATIONS, NAMES, AND ADDRESSES DR ORGANIZATIONS A. obtain copies of reference standards direct from publication source, when needed for proper performance of work, or when required for submittal by Contract Documents. B. The following, as appropriate to project, is a list of referenced standards and their mailing addresses for requesting copies of standards: AA Aluminum Association 818 Connecticut Avenue, NW Washington, D.C. 20006 AABC Associated Air Balance Council 1000 Vermont Avenue, NW Washington, D.C. 20005 AASHTO American Association of State Highway and Transportation officials 444 North Capitol Street, NW Washington, O.C. 20001 01090-1 40 40 ACI American Concrete Institute Box 19150 Redford Station Detroit, MI 45219 ADC Air Diffusion Council 435 North Michigan Avenue Chicago, IL 60611 Al Asphalt Institute Asphalt Institute Building College Park, MD 20740 AISC American Institute of Steel Construction 1221 Avenue of the Americas New York, NY 10020 AISI American Iron and Steel Institute 1000 16th Street, NW Washington, D.C. 20036 AMCA Air Movement and Control Association 30 West University Drive Arlington Heights, IL 60004 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 ARI Air Conditioning and Refrigeration Institute 1815 North Fort Myer Drive Arlington, VA 22209 ASHRAE American Society of Heating, Refrigerating and Air Conditioning Engineers 345 East 47th Street New York, NY 10017 ASME American society of Mechanical Engineers 345 East 47th Street New York, NY 14017 ABPA American Sod Producers' Association Association Building Ninth and Minnesota Hastings, NE 68901 01090-^2 C-1 40 F ASSE American society of sanitary Engineers 960 Illuminating Building Cleveland, OH 44113 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWI Architectural Woodwork Institute 2310 South Walter (teed Drive Arlington, VA 22206 AWPA American Wood -Preservers' Association 7735 old Georgetown Road Bethesda, MD 20014 AWS American Welding society 2501 NW 7th Street Miami, FL 33125 AWWA American Water Works Association 6666 W. Quincy Avenue Denver, CO 80235 CdA Copper Development Association 57th Floor, Chrysler Building 405 Lexington Avenue New York, NY 10017 CLFMI Chain Link Fence Manufacturers' Institute 1101 Connecticut Avenue Washington, D.C. 20036 CRSI Concrete Reinforcing Steel Institute 180 North Lasalle Strep -t, Suite 2110 Chicago, IL 60601 FDOT Florida Department of Transportation Haydon Burns Building 605 Suwannee Street Tallahassee, FL 32301 FM Factory Mutual System 1151 Heston -Providence Turnpike Norwood, MA 02062 01690-3 I-] 40 FS Federal Specifications General Services Administration Specifications and Consumer Information Distribution section `WFSIS) Washington Navy Yard, Bldg. 197 Washington, D.C. 20407 GA Gypsum Association 1603 Orrington Avenue Evanston, IL 60201. MFMA Maple Flooring Manufacturers, Association 2400 East Devon, Suite 205 Des Plaines, IL 60018 MIL Military specification Naval Publications and Forms Center 5801 Tabor Avenue Philadelphia, PA 19120 MLSFA Metal Lath/Steel Framing Association 221 North LaSalle Street Chicago, IL 60601 NAAMM National Association of Architectural Metal Manufacturers 221 North. LaSalle Street Chicago, IL 6+0601 NEBB National Environmental Balancing Bureau 8224 old Courthouse Road Vienna, VA 22180 NEMA National Electrical Manufacturers' Association 2101 L Street, NW Washington, D.C. 20037 NrPA National Fire Protection Association 470 Atlantic Avenue Boston, MA 02210 NEPA National Forest Products Association 1619 Massachusetts Avenue, NW Washington, D.C. 20036 01090-4 C-1 4 Y NOFMA National Oak Flooring Manufacturers' Association 804 5terick Building Memphis, TN 38103 NSF National sanitation Foundation NSF Building 3475 Plymouth Road Ann Arbor, MI 48106 NSWMA National Solid Waste Management Association 1120 Connecticut Avenue, NW Washington, D.C. 20036 NTMA National Terrazzo and Mosaic Association 3166 Des Plaines Avenue Des Plaines, IL 60018 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 20076 PCI Prestressed Concrete Institute 20 North Wacker Drive Chicago, IL 60606 PS Product Standard U.S. Department of Commerce Washington, D.C. 20203 RCSHSS Red Cedar Shingle and Handsplit Shake Bureau 515 116th Avenue Bellevue, WA 98004 SDI Steel Deck Institute Box 3812 St. Louis, MO 63122 SDI Steel Door Institute 712 Lakewood Center North Cleveland, OH 44107 SIGMA Seal. ed Insulating Glass Ma nufacturar ' Association 111 East Wacker Dr{ve Chicago, 11 60601 01090-5 40 40 SJI Steel Joint Institute 1703 Parham Road, Suite 204 Richmond, VA 23229 SMACNA Sheet Metal and Air Conditioning Contractors' National Association 8224 Old Courthouse Road Vienna, VA 22180 'PCA Technical Aid Series Construction Specifications Institute 1150 Seventeenth Street, NW Washington, D.C. 2oo36 TCA Tile Council of America, Inc. Sox 326 Princeton, NJ 08540 UL Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 PART 2 - PRODUCTS Not Applicable PART 3 - EXECUTION Not Applicable END OF SECTION 01090-6 4b 40 (UGC01152.FMT):aa SECTION 01152 APPLICATIONS FOR PAYMENT r PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED Submit Applications for Payment to Engineer in accordance with the schedule established by Conditions of the Contract and Agreement between owner and Contractor. 1.02 RELATED REQUIREMENTS A. In other parts of the Construction Documents: 1. Agreement between Owner and Contractor 2. General Conditions of the Contract 3. Article 14 -- Payments to Contractor and Completion B. Specified in other Sections: 1. Section 01000: Description of Work 2. Section 017+00: Contract Closeout 1.03 FORMAT AND DATA REQUIRED A. Submit itemized applications typed in a format approved by Engineer. All applications for payment must be numbered, dated, and signed by the Contractor. B. Provide itemized data on payment application. (format, schedules, line items and values accepted by Engineer) 1.04 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT A. Application Form: 1. Fill in required information, including that for Change Orders executed prior to the date of submittal of application 2. Fill in summary of dollar values 3. Execute certification with the signature of a responsible officer of the Contract firm • 4. Have resident project representative review and sign application prior to submission to Engineer 1.05 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS A. When the Owner or the Engineer requires substantiating data, Contractor shall submit suitable information, with a cover letter identifying: 1, 'Project 2. Application number and date 3. Detailed list of enclosures 4. For stored products: a. Item number and identification b. Description of specific material B. Submit one copy of data and cover letter for each copy of application 1.06 PREPARATION OF APPLICATION FOR FINAL PAYMENT A. Application for payment is required for progress payments B. only one application will be acceptable in any one month 1.07 SUBMITTAL PROCEDURE A. Submit Applications for Payment to Engineer at the times stipulated in the Agreement B. Number: Four copies of each progress Application C. When Engineer finds the Application properly completed and correct, he will transmit the. applications for payment to the Owner PART 2 - PRODUCTS Not applicable PART 3 - EXECUTION Not applicable END OF SECTION 01152-2 11 (UGC01153.FMT)aa r S C IO 1. 53 CHANGE ORDER PROCEDURES PART 1 - GENERAL 1,01 REQUIREMENTS INCLUDE A. Promptly implement change order procedures.. 1. Provide full written data required to evaluate changes. 2. Maintain detailed records of work done on a time-and-material/force account basis. 3. Provide full documentation to Engineer on request. B. Designate in writing the member of Contractor's organization: 1. Who is authorized to accept changes in the work. 2. Who is responsible for informing others in the Contractor's employ of the authorization of changes in the work. C. Owner will designate in writing the person who is authorized to execute Change orders. 1.02 RELATED REQUIREMENTS A. The amount of established unit prices. B. conditions of the Contract: 1. Methods of determining cost or credit to owner resulting from changes in Work made on a time and materials basis. 2. Contractor's claims for additional costs. C. Section 01152: Applications for payment. - D. Section 01310: Construction schedules. E. Section 01370: Schedule of Values. F. Section 01720: Project Record Documents. 1,03 DEFINITIONS A. Change order: see General Conditions I. 01153�x C-1 40 1.04 PRELIMINARY PROCEDURES A. owner or Engineer may initiate changes by submitting a proposal Request to Contractor. Request will include the following: 1. Detailed description of the Change, Products, and location of the change in the Project. 2. supplementary or revised Drawings and Specifications. 3. The projected time span for making the change, and a specific statement as to whether overtime work is, or is not, authorized. 4. A specific period of time during which the requested price will be considered valid. 5. Such request is for information only, and is not an instruction to execute the changes, nor to stop work in progress. B. Contractor may initiate changes by submitting a written notice to Engineer, containing: 1. Description of the proposed changes. 2. Statement of the reason for making the changes, 3. Statement of the effect on the Contract Sum and the Contract Time. 4. Statement of the effect on the work of separate contractors. 5. Documentation supporting any- changes in Contract Sum or Contract Time, as appropriate. 1.05 CONSTRUCTION CHANGE AUTHORIZATION A. In lieu of Proposal Request, Engineer may issue a "Work Directive Change" for Contractor to proceed with a change for subsequent inclusion in a Change Order. B. Authorization will describe changes in the work, boLi,t additloi"s and deletions, with attachments of revised Contract Documents to define details of the change. C. Owner and Engineer will sign and date the Work Directive Change as authorization for the Contractor to proceed with the changes. 1.06 DOCUMENTATION OF ]PROPOSALS AND CLAIMS A. Support each quotation for a lump sum proposal, and 0115]-2 • i for each unit price which has not previously been established, with sufficient substantiating data to allow Engineer to evaluate the quotation. B. on request, provide additional data to support time r- and cost computation including the following: I. Labor required. 2. Equipment required. 3. Products required.. a. Recommended source of purchase and unit cost. b. Quantities required. 4. Taxes, insurance bonds. 5. Credit for work deleted from Contract, similarly documented. G. [overhead and profit. 7. Justification for any change in.Contract Time. C. Support each claim for additional costs, and for work done on a time-and-material/force account basis, with documentation as required for a lump sum proposal, plus the following additional information: 1. Name of the owner's authorization agent who ordered the work, and date of the order. 2. Bates and times work performed, and by whom. 3. Time record, summary of hours worked, and hourly rates paid. 4. Receipts and invoices for: a. Equipment used, listing dates and times of use. b. Products used, listing quantities. C. subcontracts, D. Document requests for substitutions for Products as specified in section 01600. 1.07 PREPARA`T`ION OF CHANGE ORDERS A. Engineer will prepare each Change order. B. Form: Change order format provided in the Contract Documents. C. Change Order will describe changes in the Work, both additions and deletions, with attachments of revised Conti:a t Doculllellts to define details of change. D. Change Order will provide an accounting of the adjustment in the Contract Sum and in the Contract �• Time. 41153-3 0 1.08 LUMP SUM/FIXED PRICE CHANGE ORDER A. Content of Change orders will be based on either: 1. Engineer's Proposal Request and Contractor's responsible Proposal as mutually agreed upon between owner and Contractor. 2. Contractor's Propos-al for a change, as recommended by Engineer, B. owner and Engineer will sign and date the Change Order as authorization for the Contractor to proceed with the changes. C. Contractor shall sign and date the Change Order to indicate agreement with the terms therein. 1.09 UNIT PRICE CHANGE ORDER A. Content of Change orders will be based on, either: 1.. Engineer definition of the scope of the required changes. 2. Contractor's Proposal for a change, as recommended by Engineer. 3. survey of completed work. B. The amount of the unit prices shall be: 1. Those stated in the Agreement. 2. Those mutually agreed upon between Owner and Contractor. C. When quantities of each of the items affected by the Change order can be determined prior to start of the work: 1. owner and Engineer will sign and date the Change Order as authorization for Contractor to proceed with the changer:. 2. Contractor shall sign and date the Change order to indicate agreement with the terms therein. D. When quantities of the items cannot be determined prior to start of the work: 1. Engineer or owner will issue a Change Order directing Contractor to proceed with the change can the basis of unit prines, and will cite the applicable unit prices. ❑1153-4 2. At completion of the change, Engineer will determine the cost of such work based on the unit prices and quantities used. a. Contractor shall submit documentation to establish the number of units of each item and any claims for a change in Contract Time, 3. Engineer will sign and date a second Change Order to establish the change in Contract sum and in contract Time. 4. Owner and Contractor will sign and date the second Change Order to indicate their agreement with the terms therein. 1.14 TIME AND MATERIAL/FORCE ACCOUNT CHANGE ORDER/ CONSTRUCTION CHANGE AUTHORIZATXON A. Engineer and owner will issue a Work Directive Change directing Contractor to Proceed with the changes on a time-and-material/force account basis. B. At completion of the change, contractor shall submit itemized accounting and supporting data as provided in the Article "Documentation of Proposals and Claims" of this section. C. Engineer will determine the allowable cost of such work, as provided in General conditions and Supplementary conditions. D. Engineer will sign and date the Change Order to establish the change in Contract Sum and in Contract Time. E. owner and Contractor will sign and date the Change order to indicate their agreement therein. 1.11 CORRELATION WITH CONTRACTOR'S SUBMITTALS A. contractor shall periodically revise Schedule of Values and Request for Payment forms to record each change as a separate item of Work, and to record the adjusted contract Sum. B. contractor shall periodically revise the Construction Schedule to reflect each change in �.. Contrac L. Time. 1. Revise subschedules to show Changes for other items of work affected by the changes. 01153-5 C-1 • C, Upon completion of work under a Change Order, enter pertinent changes in Record Documents. P PART 2 - PRODUCTS k, Not applicable i PART 3 - EXECUTION Not applicable 1-1 EN© OF SECTION 01153-6 l 4B 40 (UGC01201.FMT):aa SECTION 01201 PRECONSTRUCTION CONFERENCE PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Engineer shall schedule and administer the preconstruction conference and shall perform the following duties: 1. Prepare agenda for meeting.. 2. Give notice of meeting three days in advance of meeting date. 3. Make physical arrangements for meeting. 4. Preside at meeting. 5. Record the minutes which shall include all significant proceedings and decisions. 6. Reproduce and distribute copies of minutes within fifteen (15) working days after meeting. Minutes shall be distributed to all participants in the meeting and to all parties affected by decisions made at the meeting. 1.02 RELATED REQUIREMENTS A. Section 01000: Description of Work. B. Section 01311: Construction Schedule. C. Section 01.340: Shop Drawings, Product Data and Samples. D. Section 01720: Project Record Documents. E. Section 01730: Operating and Maintenance Data. 1.03 PRECONSTRUCTION CONFERENCE A. Engineer will schedule meeting with Contractor, Owner and other affected parties. B. Location of the preconstruction meeting; the project site or a nearby office to be scloctt-1 by Owner/Engineer. 01201-1 C� 40 r, C. Attendance: i 1. owner/owner's representative. 2. Engineer/Engineer's representative and his f. professional consultants. 3. Contractor/Contractor's superintendent. 4. Local utilities representatives. 5. Local government agencies representative. D. Agenda: I. Record of Attendance. 2. Project Summary Description. 3. Local Utilities to be affected. a. Water lines b. Sewer lines C. Gas lines d. Telephone lines i e. Cable. TV lines f. Electric lines g. Highways h. Railroads 4. Contractor Responsibilities: a. Start dale b. Completion date C. Liquidated damages d. Contract amount e. work schedule f. Space utilization g. Rights-of-way occupancy h. Progress Payment Application i. Asybuilts (Records/Drawings) j. Photographs k. Shop drawings 1.. Subcontractors M. Project coordination n. Guarantee, warranties, Maintenance Manuals 5. owner Responsibilities: a. Property and right-of-way purchase b. Monthly meetings C. Special meetings d_ partial and final paymenj: e. Change orders f. Periodic site visits g. Public announcements and puhlic relations h. Project acceptance 40 40 A 6, Engineer Responsibilities: a. Technical representative of Owner r b. Interpreter of contract documents C. Periodic inspections of job progress d. Reviews partial and final payment applications e. Prepares Change Orders f. Checks and approves shop drawings g. Reviews record/drawings h. Performs final inspection and issues certificate of completion 1. Resident Inspector Responsibilities: a. Engineer's and Owner's representative on site b. Review materials and work and reports any deficiencies to Engineer C. Reviews applications for payment public d. Works with Contractor on p notification of work items e. Attends progress meetings f. Observes testing work g. Maintains daily diary of work tasks h. Furnishes reports to Engineer as deemed advisable PART 2 - PRODUCTS Not Applicable. PART 3 - EXECUTION Not Applicable. END OF SECTION C-1 i r (UGC013ll.FMT):aa SECTION 01311 CONSTRUCTION SCHEDULES z FART 1 _ GENERAL 1.01 REQUIREMENTS INCLUDED A. Promptly after award of the Contract, Contractor shall prepare and submit to the Engineer estimated construction ,progress for the 'Work, with subschedules of related activities which are essential to its progress. B. Coordinate the work and scheduling with and around other contractors and individual trades performing work on the Project. C. Submit revised progress schedules with each application for payment. D. Progress Schedule shall become part of Contract Documents after approval by Engineer. 1.02 RELATED REQUIREMENTS A. In other parts of the Contract Documents: 1. General Conditions: a. Articles 2 and 6 Schedules, Reports, and Records b. Sections 6.1 and 6.2 - Supervision by Contractor C. Article 15 - Supervision of Work, Termination, and Delay B. Specified in other sections: 1. Section 01000: Description of Work 2. Section 01201: Preconstruction Conference 3. Section 01340; Shap Drawings, Product Data, and Samples 1.03 FORM OF SCHEDULES A. prepare schedules in the form of a 'horizontal bar chart as follows: 01311-1 40 C7 01311--2 1. Provide separate horizontal bar for each trade or operation C' 2. Horizontal time scale: Identify the first work day of each week 3. Scale and spacing: To allow space for { notations and future revisions 4. Minimum sheet size: 11" x 17" B. Format of listings: The chronological order of the start of each item of work C. Identification of listings: By major specification section numbers 1.04 CONTENT OF SCHEDULES A. Construction Progress Schedule shall: 1. Show the complete sequence of construction by activity 2. Show the dates for the beginning and completion of each major element of construction; specifically list: a. Subcontractor work b. Utility construction C. Restoration 3. Show projected percentage of completion for each item, as of the first day of each month 1.05 PROGRESS REVISIONS A. Indicate progress of each activity to date of submission B. Show changes occurring since previous submission of Schedule: 1. Major changes in scope 2. Activities modified since previous submission 3. Revised projections of progress and completion 4. Other identifiable changes C. Provide a narrative report as needed to define: 1. Problem areas, anticipated delays, and the impact on the schedule 2. Corrective action recommended, and its effect 3. The effect of changes on sc-hedules of other prime contractors 01311--2 C-1 • F 1.06 SUBMISSIONS A. Submit initial schedules within ten (10) days after l award of Contract; Engineer will review schedules for information only. f B. Submit revised progress schedules with each application for payment. r C. Submit the number of opaque reproductions which the Contractor requires, plus two (2) additional copies; one for Owner and one for Engineer. 1.07 DISTRIBUTION A. Distribute copies of approved schedules to: 1. Job site file 2. Subcontractors 3. Cather concerned parties B. Instruct recipients to report promptly to the Contractor, in writing, any problems anticipated by the projections shown in the schedule PART 2 -- PRODUCTS Not applicable PART 3 - EXECUTION Not applicable END OF SECTION 01311-3 40 i F r-• (UGCO1340.FMT):aa SECTION 01340 t' SHOP DRAWINGS, PRODUCT DATA AND SAMPLES PART I - GENERAL r 1.01 REQUIREMENTS INCLUDED A. Submit Shop Drawings, Product Data, Samples and Certificates required by the Contract Documents. B. Review and approval by Contractor of submitted material. 1.02 RELATED REQUIREMENTS A. in other parts of the Contract Documents: 1. Definitions and Additional Responsibilities of Parties: a. General Conditions of the Contract (1) Sections 6.23 -- 6.28: Shop Drawings. B. Specified in other sections: 1. Section 01311: Construction Schedules• 2. Section 01720: Record Documents C. Designate in the construction schedule, or in separate coordinated schedule, the dates for the submission and the dates that reviewed Shop Drawings, Product Data and Samples will be needed. 1.03 SHOP DRAWINGS A. Drawings shall be presented in a clear and thorough manner. 1. Details shall be identified by reference to sheet and detail or schedule shown on Contract Drawings. B. Minimum sheet size: manufacturer's standard; adequate t❑ clearly illustrate. 01340-1 4P r, 1. U4 PRODUCT DATA A. ]Preparation: 1. Clearly mark each copy to identify applicable + ,products, models, options, and other data. 2. Show performance characteristics and capacities. 3. Show dimensions and clearances required. 4. show wiring or piping diagrams and controls. B. Manufacturer's standard schematic drawings and diagrams: 1. Modify drawings and diagrams to delete information which is not applicable to the work. 2. Supplement standard information to provide: information specifically applicable to the work. 3. Include. manufacturer's installation instructions when required by the ' specifications Section. 1 . t15 SAMPLES + A. office Samples: Limit to items requiring color, pattern and similar selections and shall be sufficient size and quantity to clearly illustrate: 1. Full range of color, texture and pattern 2. Submit samples for selection of finishes within sixty (60) days after date of Agreement, or when directed by Engineer B. Field Samples and Mock -Ups: 1. Functional characteristics of the product, with integrally -related parts and attachment devices 2. Contractor shall erect, at the Project Site, at a location acceptable to the Engineer 3. Size of Area: that specified in the respective specification section 4. Fabricate each sample and mockup complete and finished 5. include identification on each sample, giving full information G. Remove samples at conclusion of Work, or when acceptable to the Engineer 01340-2 do C-] r 1.06 MANUFACTURER'S CERTIFICATES A. Submit Certificates, in duplicate, in accordance < with requirements of each specification section f` 1..07 CONTRACTOR RESPONSIBILITIES A. Review Shop Drawings, Product Data and Samples prior to submission B. Determine and verify: 1.Field measurements 2.Field construction criteria 3.Catalog numbers and similar data 4.Conformance with specifications C. Coordinate each submittal with requirements of the work and of the Contract Documents. " D. Notify the Engineer in writing at the time of submission of ANY AND ALL DEVIATIONS in the submittals from requirements of the Contract Documents. All of the contractor's comments and notations shall be in red ink. E. Begin no fabrication of work which requires submittals until return of submittals with Engineer's approvals 1.08 SUBMISSION REQUIREMENTS A. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the work of any other Contractor. B. Number of submittals required: 1. Shop Drawings: Submit the number of opaque reproductions which the Contractor requires, plus four (4) copies which wi3.1 be retained by the Engineer 2. Product Data: Submit the number of copies which the Contractor requires, plus four (4) which will be retained by the Engineer 3. Samples: Submit the number stated in each specification section 01340--3 C-1 C> 1.09 C. Submittals shall contain: 1. The date of submission and the dates of any previous submissions 2. The project title and number 3. Contract identification 4. The name of: a. Contractor b. Supplier C. Manufacturer 5. Identification of the project, with specification section number 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials B. Applicable standards, such as ASTM or Federal Specification numbers g. Identification of deviations from Contract Documents 10. Identification of revisions on resubmittals. 11. An 8" x 3" blank space for contractor and Engineer stamps 12. contractor's stamp or review and approval, initialed or signed, certifying to review of submittal, verification of products, field measurements and field construction criteria, and coordination of the information within the submittal with requirements of the work and of Contract Documents RESUBMISSION REQUIREMENTS A. Make any corrections or changes in the submittals required by the Engineer and resubmit until approved. B. Shop Drawings and Product Data: 1: Revise initial, drawings or data, and resubmit as specified for initial submittal. 2. Indicate any changes which have been made other than those requested by the Engineer. C. Samples: Submit new samples as required for initial submittal. 01340--4 C> 4D END Or SECTION 01340-5 r 1.10 DISTRIBUTION r A. Distribute reproductions of Shap Drawings and copies of Product Data which carry the Engineer's } stamp of review to: 1. Joh site file 2« Record Documents file 3. Other affected contractors 4« Subcontractors 5. Supplier or fabricator B. Distribute samples which carry the Engineer's stamp of approval as directed by the Engineer. 1«11 ENGINEER'S DUTIES A. Review submittals with reasonable promptness and in accordance with schedule. B. Affix stamp and initials / signature, and indicate requirements for resubmittal, or review without comments of submittal. All of Engineer's comments shall be made in green ink C. Return submittals to contractor for distribution, or for resubmission PART 2 - PRODUCTS Not applicable PART 3 - EXECUTION Not applicable END Or SECTION 01340-5 40 Cil a (UGC01381.FMT):as f SECTION 01381 i AUDIO-VISUAL DOCUMENTATION r ' PART 1 - GENERAL 1.01 DESCRIPTION OF WORK Prior to commencing the Work, the Contractor shall have a continuous color audio -video tape recording taken along the entire length of the Project to serve as a record of preconstruction conditions. The preconstruction swale elevations shall be recorded at 100' intervals. 1.02 APPROVAL No construction shall begin prior to review and acceptance of the tapes covering the construction area by the Owner or Engineer. The 'Engineer shall have the authority to reject all or any portion of a videotape not conforming to specifications and order that it be redone at no additional charge. The Contractor shall reschedule unacceptable coverage within five (5) days after being notified. The 'Engineer shall designate those areas, if any, to be omitted from or added to the audio -video coverage. Tape recordings shall not be made more than thirty (30) days prior to beginning of construction in any area. All tapes and written records shall become property of Owner. The tapes shall be delivered to the Owner as soon as possible after recording. 1.03 QUALITY ASSURANCE. The Contractor shall engage the services of a professional electrographer. The color audio -video tapes shall be prepared by a responsible commercial firm known to be skilled and regularly engaged in the business of preconstruction color audio -video tape documentation. 01381--1 40 40 PART 2 - PRODUCTS 2.01 GENERAL t All equipment, accessories, materials, and labor to perform this service shall be furnished by the Contractor. 2.02 QUALITY The total audio -video system shall reproduce bright, sharp, clear pictures with accurate colors and shall have minimal distortion, tearing, rolls, or other imperfections. The audio portion of the recording shall reproduce the commentary of the camera operator with proper volume and clarity and be free from distortion and interruptions. i 2.03 CAMERA The color video camera used in the recording system shall have a horizontal resolution of 300 lines at center, a luminance signal-to-noise ratio of 45 dB, and a minimum illumination requirement of 25 foot candles. 2.04 TAPES Audio -video tapes shall be new. Reprocessed tapes will not be acceptable. The tapes shall be one-half inch, high energy, extended still frame capable videocassette, shall be interchangeable with the color videocassette player, and shall be compatible for playback with the player --receiver. PART 3 - EXECUTION 3.01 VIDEOTAPING PROCEDURES A. Each tape shall begin with the current date, project name, and municipality, and be followed by the general location, i.e., name of street, house address, viewing side, and direction of progress. The audio track shall consist of an original live recording'.. The recording shall contain the, narrative commentary. B. All video recordings must, by electronic means, +._ display continuously and simultaneously generate, with the actual taping, transparent digital 01381-2 i i information to include the date and time of recording, and station numbers, if shown on the Drawings. The date information shall contain the month, day, and year. The time information shall contain the hour, minute, and second. Additional information shall be displayed periodically. Such information shall include, but not be limited to, project name, contract number, name of street, house address, direction of travel, and the viewing side. The transparent information shall appear on the screen. C. All taping shall be done during times of good visibility. No taping shall be done during precipitation, mist, or fog. The recording shall be done only when sufficient sunlight is present to properly illuminate the subjects of recording and to produce bright, sharp video recordings of those subjects. D. The rate of speed in the general direction of travel of the vehicle used during taping shall not exceed 49 feet per minute. Panning■ zoom -in, and zoom -out rates shall be sufficiently controlled to maintain a clear view of the object. E. Tape coverage shall include all surface features located within the zone of influence of construction supported by appropriate audio coverage. Such coverage shall include, but not be limited to, existing driveways, sidewalks, curbs, pavements, ditches, mailboxes, landscaping, culverts, fences, signs, and headwalls within the. area covered. F. When conventional wheeled vehicles are used, the distance from the camera lens to the ground shall not be more than twelve (12) feet. 7n some instances, audio -video tape coverage may be required in areas not accessible by conventional wheeled vehicles. Such coverage shall be obtained by walking or special conveyance approved by the Engineer. END OF SECTION 01381-3 CA 40 0 (UGC01410.FMTj:aa SECTION 01410 TES'T'ING LABORATORY SERVICES PART I GENERAL 1.01 REQUIREMENTS INCLUDED A. owner may employ and pay for the services of an independent testing laboratory to perform certain specified testing in addition to what is called for in the contract Documents. Owner shall pay for all additional testing. he I. totractor facilitate lthe� cooperatewith tt ofits laboratory o services. the oratory Of relieveno way 2. Ems Contrnt ctor'sb obligat ns lton perform the work of the Contract. B. contractor will employ and pay for the services of an independent testing laboratory to perform certain specified testing. All testing described in the Contract Documents shall be paid for by the Coptractor. 1.02 RELATED REQUIREMENTS A. General Conditions of the Contract: Inspections and testing required by laws, ordinances, rules, regulations, orders or approvals of public authorities. B. Respective sections of specifications: Certification of Products. 1.03 QUALIFICATION OF LABORATORY A. Meet "Recommended Requirements for Independent Laboratory Qualification", published by American Council of Independent Laboratories. B. Meet basic requirements of ASTM E329, "Standards of Recommended Practice for inspectiol-3 and Testing Agencies for Concrete and steel as Used in construction." C. Authorized to operate in the State in which the Project is located. 01410-1 Go D. submit copy of report of inspection of facilities made by Materials Reference Laboratory of National Bureau of Standards during the most recent tour of inspection, with memorandum of remedies of any deficiencies reported by the inspection. E. Testing Equipment: 1. Calibrated at reasonable intervals by devices of accuracy traceable to either: a. National Bureau of Standards b. Accepted values of national. physical. constants 1.04 LABORATORY DUTIES A. cooperate with Engineer and Contractor, provide qualified personnel after due notice. B. Perform specified inspections, sampling, and testing of materials and methods of construction: 1. comply with specified standards 2. Ascertain compliance of materials with requirements of contract Documents s C. Promptly notify Engineer and Contractor of observed irregularities or deficiencies of work or products. D. Promptly submit written report of each test and inspection; one copy each to Engineer, Owner, and Contractor, and one copy to Record Documents File. Each report shall. include: 1. Date issued 2. Project title and number 3. Testing laboratory name, address, and telephone number 4. Name and signature of laboratory inspector 5. Date and time of sampling or inspection f. Record of temperature and weather conditions 1. Date of test 4. identification of product and specification section 9. Location of sample or test in the Project 10. Type of inspection or test 11. Results of tests and compliance with contract Documents 12. Interpretation of test results, when requested by Engineer 01410-2 LA FJ E. Perform additional tests as required by Engineer or the Owner. 1.05 LIMITATIONS OF AUTRORITY OF TESTING LABORATORY r A. Laboratory is not authorized to: 1. Release, revoke, alter, or enlarge on requirements of Contract Documents 2. Approve or accept any portion of the work. 3. Perform any duties Of the contractor 1.06 CONTRACTOR'S RESPONSIBILITIES A. Cooperate with laboratory personnel, and provide access to work and to manufacturer's facilities. B. secure and deliver to the laboratory adequate quantities of representational samples of materials proposed to be used and which require testing. C. Provide to the laboratory the preliminary design mix proposed to be used for concrete, and other material mixes which require control by the testing laboratory. D. Furnish copies of product test reports as required. E. Furnish incidental labor and facilities: 1. To provide access to work to be tested 2. To obtain and handle samples at the project site or at the source of the product to be tested 3. To facilitate inspections and tests 4. For storage and curing of test samples F. Notify laboratory, in advance of operations to allow for laboratory assignments of personnel and scheduling of tests. PART 2 -• PRODUCTS Not applicable. PART 3 -- EXECUTION Not applicable. END OF SECTION 01410-3 4D 40 (UGC41510.FMT):aa SECTION 01510 TEMPORARY UTILITIES 01510--1 PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. Furnish, install, and maintain temporary utilities required for construction; remove on completion of entire project. S. Provide temperature, ventilation, and lighting requirements, if applicable, as specified in each individual section. 1.02 RELATED REQUIREMENTS Section 01000. Summary of Work 1.03 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with National Electric Code.. B. Comply with federal, state, and Local codes and regulations, and with utility company requirements. PART 2 - PRODUC'T'S 2.01 MATERIALS (GENERAL) Materials may be new or used, but must be adequate in capacity for the required usage. They MUST NQT create unsafe conditions, and JIUST NOT violate requirements of applicable codes and standards. 2.02 TEMPORARY ELECTRICITY AND LIGHTING A. The Contractor must maintain power to all existing buildings and areas. B. The Contractor is responsible for providing and paying for all power required for his operations. Contractor shall make arrangements with Owner for temporary power. 01510--1 40 40 C. Contractor is responsible for arranging power for his office trailer(s), power tools, etc., at his own expanse. The Contractor shall pay the costs of all power used. D. Provide POWER CENTERS for miscellaneous tools and equipment used in the work: 1. Weatherproof distribution box with minimum of four 20 amp., 120 volt grounded outlets 2. Locate so that power is available at any point of use with minimum 100 -foot CONSTRUCTION -TYPE power cords 3. Provide circuit breaker protection for each outlet E. Provide adequate artificial lighting for all areas of work, when natural light is not adequate for work, and for areas accessible to persons other than Contractor's employees. F. if Contractor requires service other than specified above, he shall arrange for, provide maintenance, and pay all costs incurred. 2.03 TEMPO WY WATER contractor shall make arrangements with Owner for all temporary water at the project site. Contractor shall pay for all temporary water required for his operations. 2.04 TEMPORARY SANITARY FACILITIES A. contractor shall provide temporary sanitary facilities in compliance with laws and regulations. B. contractor shall provide for regular service, cleaning, and maintenance of temporary facilities and enclosures. PART 3 - EXECUTION 3.01 GENERAL A. Comply with applicable requirements specified in Section 02670 - Submersible Wastewater Pumping Station, as well as state and local codes_ U. Maintain and operate systems to ensure continuous service. 0:1510-2 40 r I 3.02 REMOVAL A. Completely remove temporary materials and equipment when their use is no longer required. B. Clean and repair damage caused by temporary installations or use of temporary facilities. C. Restore existing facilities used for temporary services to specified, or to original, condition. END OF SECTION 01510-3 • C> i (UGC01.560. F"MT) : as SECTION 01560 TEMPORARY CONTROLS PART 1 - GENERAL 1.01. REQUIREMENTS INCLUDED A. Furnish, install., and maintain temporary control facilities required for construction; remove on completion of entire project any features not Intended to remain on the project site. B. Provide noise control, dust control, water control, debris control, pollution control and erosion control as specified in the appropriate sections of these documents. 1.02 REQUIREMENTS OF REGULATORY AGENCIES A. Comply with federal, state, and local codes and regulations and utility company requirements. S. comply with Department of Transportation requirements. PART 2 - PRODUCTS 2.01 ,MATERIALS (GENERAL) A. Materials may be new or used, but must be adequate in capacity and quality for the required usage, MUST HOT create unsafe conditions and MUST NflTNflT violate requirements of applicable codes and standards. 2.02 TEMPORARY NOISE CONTROL A. t4echanical equipment shall be fitted with mufflers t6 reduce noise from internal combustion type engines. B. Bells, sirens, alarms, etc., shall be adjusted to provide adequate warnings to personnel on the project site; 'however, they shall be regulated to an intenrity that is amenable to the neighboring communities. 01560-1 i i C. Exterior construction work noises shall be kept to a minimum during evening, night, and early morning hours. In addition, weekend and holiday noises shall be limited to acceptable levels. D. in addition to on-site noise control, noise considerations shall be made to off-site vehicles and equipment (mobilization, demobilization, deliveries, etc.). 2.03 TEMPORARY DUST CONTROL Dust formed as a result of the construction shall be controlled by the Contractor. Cleaning of work areas and application of dust control materials are the most effective methods of dust control. 2.04 TEMPORARY WATER CONTROL A. The flow of water through the construction site shall be controlled by the Contractor such that it does not damage any constructed items; however, it shall be diverted and channeled to effectively leave the site as soon as possible. Puddling and pounding on the site is not permitted. B. Water shall be controlled such that it does not enter excavated areas, nor is deposited on or against constructed features. 2.05 TEMPORARY DEBRIS CONTROL A. Provision shall be made by each contractor to have available adequate containers to hold any and all debris that is to be generated from the project. containers should be covered to prevent wind blowing paper, plastic, and lightweight products around and off the site.. B. Instructions shall be given to personnel to utilize the trash containers. containers shall be placed in convenient places at the site. C. At least once per week, a thorough cleaning of trash and debris shall be made at the construction site. An acceptable method of disposal shall be employed, END OF SECTION CJ 40 (UGC01600.FMT):aa SECTION 01600 MATERIAL AND EQUIPMENT 1' PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. products B. workmanship C. Manufacturer's Instructions D. Transportation and Handling E. Storage and Protection F. substitutions and Product Options 1.02 RELATED REQUIREMENTS A. Section 01000: Summary of Work - Provisions and performance of work under the Contract. B. Section 01090: Reference Standards - Provision and for identification of publication sources referenced standards. C. Section 01340: Shop Drawings, Product Data and manufacturer's drawings, samples -Submittal of descriptive literature, samples and certificates. , D. section 01710: Cleaning - manufacturer's recommendation and procedures for cleaning. E. Section 01740: warranties and Bonds - Form and time of submission. 1.03 PRODUCTS J A. Products include material, equipment and systems. B. Comply with specifications and referenced standards as minimum. C. Manufactured and fabricated components required to be supplied in quantity with a Specification and shall be section shall be the same, interchangeable. 01600--1 C> C-il W D. When project is alteration and additional work, Do equipment removed from NOT use materials and existing structure, except as specifically allowed by notation or indication by contract Documents. 1.04 WORKMANSHIP A. Comply with industry standards except when more restrictive tolerances or specified requirements indicate more rigid standards or more precise workmanship. B. 1 Perform work by .persons qualified to produce workmanship of specified quality. C. Secure products in place with positive anchorage devises designed and sized to withstand stresses, vibration, and rocking. 1.05 MANUFACTURERS' INSTRUCTIONS A. When work is specified to comply with and manufacturer's printed instructions, obtain involved, and maintain distribute copies to persons one set at job site in field office. B. perform work in accordance with manufacturer's instructions and specified requirements. C. Should a conflict exist between Specifications and manufacturer's instructions, consult with Engineer. 1.45 TRANSPORTATION AND HANDLING A. Arrange deliveries of products in accordance with construction schedules; coordinate to avoid delay of progress, conflict with work and with conditions at the site. t B. Transport products by methods to avoid product damage; deliver in undamaged condition in manufacturer's unopened containers or packaging, dry. C. Provide equipment and personnel to handle product by methods to prevent soiling or damage. D. Pra:uptly inspect shipmcnts to assure that products comply with requirements, qu,.ntities are correct and products are undamaged. 01660--2 4D • 1.07 STORAGE AND PROTECTION r � A. Stara products in accordance with manufacturer's instructions, with seals and labels intact and t legible. B. Store sensitive products in weather -tight enclosures; maintain within temperatures and humidity ranges recommended/required by manufacturer's instructions. C. For exterior storage of fabricated products, place on sloped supports above ground. Cover products subject to deterioration with impervious sheet covering; provide ventilation to avoid condensation. D. Store loose granular materials on solid surfaces in a well -drained area; prevent mixing with foreign matter. E. Arrange storage to provide access for inspection. Periodically inspect to assure products are undamaged, and are maintained under required conditions. F. After installation, provide coverings to protect products from damage from traffic and construction operations, remove when no longer needed. 1.08 PRODUCT OPTIONS A. Within 30 days after date of Contract, submit complete list of major products proposed, with name of manufacturer, trade name and model. B. Options: 1. Products specified only be reference standard: Any product meeting that standard. 2. Product specified by naming several manufacturers: Product of any named manufacturer meeting specifications. 3. products specified by naming one or more manx.tfacturers and "or equal". Submit a request for substitution for any manufacturer not specifically named. 1.09 SUSSTITUTIONS A. only within 30 days after date of Contract will Engineer consider requests from Contractor for 01600-3 db 40 substitutions. Subsequently, substitutions will be considered only when a product becomes unavailable due to no fault of Contractor. S. Document each request with complete data, drawings and samples as appropriate, substantiating compliance of proposed substitution with Contract Documents including: 1. comparison of the qualities Of the proposes substitution with the specified. 2. changes required in other elements of the work because of the substitution. 3. Effect on the construction schedule. 4. cost data comparing the proposed substitution with the product specified. 5. Any required license fees or royalties. 6. Availability of maintenance service, and the source replacement materials. C. Request constitutes a representation that Contractor: 1. Has investigated proposed product and determined that it meets or exceeds, in all respects, specified product. 2. will provide the same warranty for substitution as for specified product. 3. will coordinate installation and make other changes which may be required for work to be complete in all respects. 4. Waives claims for additional costs which may subsequently become apparent. D. Substitutions will not be considered when they are indicated or implied on Shap Drawing or Product Data submittals without separate written request, or when acceptance will require substantial revision of Contract Documents. E. ]engineer will review to determine acceptability of proposed substitution, and will notify Contractor of acceptance or rejection in writing within a reasonable time. PART 2 - PRODUCTS Not applicable PART 3 - EXECUTION Not applicable END OF SECTION 01600-4 C-1 40 F' i r (UGC01700. FMT) : as SECTION 01700 r CONTRACT CLOSEOUT PART I. - GENERAL 1.01 REQUIREMENTS INCLUDED A. Comply with requirements stated in General and special conditions of the Contract and in specifications for administrative procedures i;t closing out the work. B. Related requirements in other parts of the Contract Documents: I. fiscal provisions, legal submittals, and additional administrative requirements; General conditions of the Documents: a. Paragraph 5.19 Record Documents b. Paragraph 14.11 - Final Inspection c. Paragraph 14.8 - Substantial Completion d, Paragraph 14.12 - Application for Final Payment e. Paragraph 14.13 - Final Payment and Acceptance f. Paragraph 13,1 - Guarantee of Work C. Related requirements specified in other sections: 1. Section 01710: Cleaning 2. section 01720: project Record Documents 3. Section 01730: operating and Maintenance Data 4, Section 01740: Warranties and Bonds 1.02 SUBSTANTIAL COMPLETION A. When Contractor considers his work is substantially complete, he shall submit to Engineer: 1. A written notice that the work, or designated portion thereof, is substantially complete 2. A list of items to be completed or corrected B. Within a reasonable time after receipt of such notice, Engineer will make an inspection to determine the status of completion. 01700-1 C-1 C> ' C. Should Engineer determine that the work is not substantially complete: I. Engineer will promptly notify the Contractor, in writing, giving the reasons 2, contractor shall remedy the deficiencies in the work, and shall send a second written: notice of substantial completion to Engineer 3. Engineer will reinspect the work D. When Engineer concurs that the work is substantially complete, he will: 1. Prepare a Certificate of Substantial Completion, accompanied by a list of items to be completed or corrected 2. Submit the certificate to owner and Contractor for their written acceptance of the responsibilities assigned to them in the certificate 1.03 FINAL INSPECTION A. When contractor considers the work is complete, he shall submit written certification that: 1. Contract Documents have been reviewed 2.. Work has been inspected for compliance with Contract Documents 3. Work has been completed in accordance with Contract Documents 4. Equipment and systems have been tested in the presence of the Owner's representative and are operational 5. Equipment and systems instructions to Owner's personnel have been completed in accordance with Section 01730 6. Work ib completed and ready for final inspection B. Engineer will make an inspection to verity the status of completion with reasonable promptness after receipt of such certification. C. Should Engineer consider that the work is incomplete or defective: I. Engineer will promptly notify the contractor, in writing, listing the incomplete or defective work 01704-1 C-1 C-1 2. Contractor shall take immediate steps to remedy the stated deficiencies, and send a second written certification to Engineer that the work is complete 3. Engineer will reinspect the work D. When Engineer finds that the work is acceptable under the Contract Documents, he shall request the Contractor to make closeout submittals. 1.04 REINSPECTION FEES should the Engineer perform reinspection due to failure of the work to comply with the claims of status of completion made by the Contractor, Contractor will compensate 'Engineer/owner for such additional services. 1.05 ADDITIONAL SERVICES Should Engineer be required to provide representation at the site for the administration of the Contract for Construction, more than thirty days after the specified Date of substantial completion of the work, Contractor will compensate Engineer for such additional services. 1.06 CONTRACTOR'S CLOSEOUT SUBMITTALS TO ENGINEER A. Evidence of compliance with requirements of governing authorities: Certificate of Occupancy B. Project Record Documents: To requirements of Section 01720 C. Operating and Maintenance Data: Instructions to Owner's personnel conforming to requirements of Section 01730 D. Warranties and Bonds: To requirements of Section 01740; also, see Item Ji below E. spare Parts and Maintenance Materials: To requirements of each specification section F. Evidence of Payment and Release of Liens: To requirements of General and Supplementary CoWitions G. Certificate of Insurance for Products and Completed Operations 0]700-3 4D H. one (1) Year Maintenance Bond I. Certificate of operation from equipment manufacturers. r 1.07 FINAL ADJUSTMENT OF ACCOUNTS A. submit a final statement of accounting to Engineer. B. Statement shall reflect all adjustments to the contract Sum: 1. The original Contract Sum 2. Additions and deductions resulting from: a. Previous change orders b. Allowances C. Unit prices d. Deductions for uncorrected work e. Deductions for liquidated damages f. Deductions for reinspection payments g. Other adjustments 3. Total Contract sum, as adjusted. 4. Previous payments 5. Sum remaining due C. Engineer will prepare a final change order, reflecting approved adjustments to the Contract sum which were not previously made by change order. 1.48 FINAL APPLICATION FOR PAYMENT A. Contractor shall submit the final Application for Payment in accordance with procedures and requirements stated in the Conditions of the Contract. PART 2 _ PRODUCTS Not applicable PART 3 - EXECUTION Not applicable END OF SECTION 01794-4 i i (UGCO1114.FMT)saa SECTION 01710 CLEANING PART 1 -- GENERAL 1.01 REQUIREMENTS INCLUDED Execute cleaning, during progress of the work, and at completion of the work, as required by General. conditions. 1.02 DISPOSAL REQUIREMENTS Conduct cleaning and disposal operations to comply witty codes, ordinances, regulations, and anti -pollution laws. PART 2 - PRODUCTS 2.01 MATERIALS A. Use only those cleaning materials which will not create hazards to health or property and which will not damage finishes and surfaces. B. Use only those cleaning materials and methods recommended by manufacturer of the surface material to be cleaned. C. Use cleaning materials only on surfaces recommended by cleanilLg material manufacturer. PART 3 - EXECUTION 3.01 DURING CONSTRUCTION A. Execute periodic cleaning to keep the work, the site, and adjacent properties free from accumulation of waste materials, rubbish, and windblown debris resulting from construction operations. B. Dispose of waste materials, cartons, crating, debris, and rubbish at designated waste receptacles. C. Contractor shall maintain a broom -cleaned site during the entire construction phase. 01710-1 C-1 i D. For exterior utility work (such as underground pipelines, roadwaysservice less areas, etc tlythese e shall be cleaned daily. Not than once weekly. Roadways shall be mechanically broomed. 3,02 DUST CONTROL A. General Contractor shall broom -clean interior spaces prior to the start of completing painting and continue cleaning on an as -needed basis until painting is finished. B. Schedule operations so that dust and other contaminants resulting from the cleaning process will not fall on wet or newly -coated surfaces. 3.03 FINAL CLEANING A. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels, and other foreign materials. B. Contractor shall broom -clean paved surface.; rake -clean other surfaces of the grounds. C. Prior to final completion, Contractor shall conduct art inspection of all work areas to verify that the entire work area is clean. I 1 END OF sm,rioN 0171©-2 AD r� SECTION 01720 PROJECT RECORD DOCUMENTS PART 1 - GENERAL WGC01720.FMT};aa 1.01 REQUIREMENTS INCLUDED A. Contractor shall maintain at the site for the Owner one record copy of the following: 1. Drawings 2. Specifications 3. Addenda A. Change orders and other modifications to the Contract S. Engineer field orders or written instructions 5. Approved shop drawings, product data, and samples 7. Field test records B. Related requirements in the other parts of the Contract Documents: General Conditions of the Contract; Section 2 - Schedules, Reports and Records C. Related requirements specified in other sections: Section 01340: Shop Drawings, Product Data and Samples 1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES A. Contractor shall store documents and samples in the field office apart from documents used for construction. 1. Provide files and racks for storage of documents. 2. Provide looked cabinet or secure storage space for storage of samples. B. File documents and samples in accordance with Specifications - Table of Contents. 01720-1 +0 40 " C. Maintain documents in a clean, dry, legible condition and in good order. Do not use record " documents for construction purposes. D. Make documents and samples available at all times " for inspection by Engineer. I, 1.03 MARKING DEVICES A. Provide felt tip marking pens for recording information in the color red. 1.04 RECORDING (SEE ALSO SPEC= CONDITIONS) A. Label each document "PROJECT RECORD" in neat large printed letters. B. Record information concurrently with construction progress. DO NOT conceal or backfill any work until required information is recorded. C. Drawings: Legibly mark to record actual construction: 1. Depths of various elements of construction in relation to N.G.V.D. 1929. 2. Horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements. 3. Location of internal utilities and appurtenances concealed in the construction, referenced to visible and accessible features of the structure. A. Field changes of dimension and detail. 5. Changes made by field order or by change order. 5. Details not on original contract drawings. D. Specifications and Addenda: Legibly mark each section to record: 01720-2 do 4 W 1. Manufacturer, trade name, catalog number and supplier of each product and item of equipment actually installed. + 2. Changes made by field order or by change order. 1.05 SUBMITTAL A. At Contract close-out, deliver Record Documents to Engineer for the owner. B. Accompany submittal with transmittal letter in duplicate, containing: 1. Date 2. Project title and number 3. Contractor's name and address 4. Title and number of each Record Document 5. Signature of Contractor or his authorized representative 1.06 AS -BUILT SURVEYS A. CONTROL INFORMATION FOR AS -BUILT UTILITY SURVEY WORK 1. All as -built drawings shall state in 1" lettering "AS -BUILT RECORD SURVEY" located in the bottom right hand side of the drawing original and/or copies, alone with the as -built date. 2. All as -built surveys shall meet the minimum requirements of the Chapter 61G17, Florida Administrative Code Pursuant to Section 472 of the Florida Statures. All surveys shallbe based on a minimum horizontal control Third Order, "Class 2". 3. All state plane coordinates shall be based on the Florida State Plane horizontal Data (East Zone); Florida High Precision Geodetic Network (Superstation) and NAD 8311990 - final adjustment. 4. State plane coordiantes shall be physically tied to a minimum of two known state plane coordiante benchmarks that utilize number 3 above. State plane coordinates shall be shown on survey at benchwa rks used. 01720-3 C-1 5. All elevations shown shall be based on 1929 NGVD, 6. All incoming as -built survey AUTOCADD drawing files shall be received on 3 1/2" diskette and in state plane coordinated. (MOTE: Prior to submitting the r 3 112" AUTOCADD diskette, three (3) copies of each survey shall be submitted for review and approval. After all approvals, a signed and sealed Mylar reproducible along with two (2) signed and sealed copies of each survey shall be submitted. 7. All as -built survey drawings shall be tied to a minimum of one permanent reference monuments (P.R.M.). Every 1400 feet if available and tied to a minimum of two section corners or one section corner and one 1f4 section corner which ever is closest to the project. 8. All as -built survey drawings shall be calculated in a Cogo package for future G.T.S. Information. The Cogo used shall meet the Cogo requirements set forth by the Department of Utility Services. 9. All as-builts surveys shall include a minimum of two (2) existing or established benchmarks for vertical control every 1,400 feet shown on all surveys. 10. Horizontal Control Monumentation (if required) for utility lines shall be a minimum of two (2) points at a maximum of 1,900 feet between points and shown on all surveys. 11. All utility as --built construction located within the right-of-ways, easements and alike shall be tied to the respective right-of-ways, easements, etc., every 1,000 feet and change of direction, 12. All utility as -built construction located within one mile of the Indian River County Global Positioning System (G.P.S.) control project shall be ties from that nearest G.P.S. point andinto the closest constuction site Permanent Reference Monument (P,R.M.), if available. This does not eliminate Item No. 7 above. 13. All as-builts shall clearly depict as -built utility lines that were constructed along with all easements. As -bunts will not be accepted unless 01720--4 1-1 s the verbage "PROPSED" and/or "TO BE CONSTRUCTED" have been revised to read "AS -BUILT". Constuction drawings with construction terminology will not be accepted. r PART 2 - PRODUCTS Not applicable PART 3 - EXECUTION Not applicable L_. ENS} OF SECTION 01720-5 M 40 (UGC01740.FMT):aa SECTION 01140 WARRANTIES AND BONDS A' PART 1 - GENERAL 1.01 REQUIREMENTS INCLUDED A. compile specified warranties and bonds. B. compile specified service and maintenance contracts. C. Co -execute submittal when so specified. D. Review submittals to verify compliance with Contract Documents. E. Submit to Engineer for review and transmittal to Owner. 1.02 RELATED REQUIREMENTS A. In other parts of the Contract Documents: 1. Instructional to Bidders: Bid or Proposal Bonds 2. General Conditional of Contract: a. Performance Bond and Labor and Material. Payment Bond. b. General warranty of construction. B. Specified in other sections: 1. Section 01700: contract Closeout. 2. Section 01730: operating and Maintenance Data. 3. Each respective section of Specifications shall have Warranties and Bonds required for specific products. 4. Provisions of Warranties and Bonds, Duration: The respective section of specification which specifies the product. 1.03 SUBMITTAL REQUIREMENTS A. Assemble warranties, brands and service and maintenance contracts, executed by each of the respective manufacturers, suppliers and subcontractors. B. Humber of original signed copies requires: Two each. U. Table of Contents: Neatly typed, in orderly sequence. Provide complete information for each item. 1. Product or work item. 2. Firm, with name of principal, address and telephone number. 01740-1 40 3. Scope. 4. Bate of beginning of warranty, bond or service and maintenance contract. 5. Duration of warranty, bond or service maintenance contract. 6. Provide information for Owner's personnel: a. Proper procedure in case of failure. b. Instances which might affect the validity of warranty bonds. 7. contractor, name or responsible principal, address and telephone number. 1.04 FORM OF SUBMITTALS A. Prepare in duplicate packets. B. Format: 1. Size 8-1'21" X 11"" punch sheets for 3 --ring binder. a. Fold larger sheets to fit into binders. 2. Cover: Identify each packet with typed or printed title "WARRANTIES AND BONDS". List: a. Title of project. b. Name of Contractor. C. Binders: Commercial quality, three-ring, with durable and cleanable plastic covers. 1.05 TIME OF SUBMITTALS A. Make submittals within ten days after date of Substantial Completion, prior to final request for payment. 13. For items of work, where acceptance is delayed materially beyond the Date of Substantial Completion, provide updated submittal within ten days after acceptance, listing the date of acceptance as the start of the warranty period. 1.06 SUBMITTALS REQUIRED A. Submit warranties, bonds, service and maintenance contracts as specified in the respective sections of Specifications, as appropriate. PART 2 - PRODUCTS Not applicable Part 3 - EXECU`T'IVE Not applicable CND OF SEC'T'ION 01740-2 4 I-> C� (UGCO2ll5.FMT):aa SECTION 02115 TREE PROTECTION AND TRIMMING r PART 1 - GENERAL 1.01 DESCRIPTION OF WORK Only those trees which are in the direct path of construction are to be removed. Contractor shall make every possible effort to save any tree of four -inch diameter or larger, including minor adjustment to the pipe routing. Changes in pipe routing must be approved , by the Engineer. Any tree which is not designated for removal but which will significantly interfere with construction shall be trimmed by a qualified tree surgeon. contractor shall minimize tree removal and tree trimming operations to as great an extent as possible. 1.02 QUALITY ASSURANCE Engage a qualified tree surgeon to perform the following work: 1. carefully remove 'branches from trees as required for new construction; all wounded trees shall be immediately treated. 2. Recommend procedures to compensate for loss of roots and perform initial pruning of branches and stimulation of root growth where removed to accommodate new construction. 3. Perform tree repair work for damages incurred by new construction. 1.03 JOB CONDITIONS Provide temporary fencing, barricades, or guards to protect trees and other plants which are to remain from damage. 021151 40 PARR' 2 - PRODUCTS 2.01 MATERIALS Tree Pruning Compound: Waterproof, antiseptic, elastic, t, and free of kerosene, coal tar, creosote, and other substances harmful to plants. Pruned or damaged trees shall be treated with the following., I pine treesall s ec es A mixture of twelve percent (12%) Benzine Hexachloride (BHC) emulsifiable concentrate shall, be mixed at the rate of one (1) pint BHC per gallon of 12 fuel oil. Spray damaged area liberally. Spray the rest of the tree from ground level to a height of six feet (61). Spraying of damaged trees shall be completed within five (5) days after injury occurs. 2. hardwood{all species except ins : An application of asphalt --type tree pruning paint shall be applied to the damaged area. The paint shall be applied in sufficient quantity so as to form an airtight seal. Spraying or painting of the damaged trees shall be performed within twenty-four (24) hours after the injury occurs. In case of damage to $'specimen" hardwoods, the inspecting Engineer may require the Contractor to retain a skilled and licensed tree surgeon to properly treat the damaged tree. No compensation shall be made to the Contractor for treating damaged trees. PART 3 - EXECUTION 3.01 GENERAL Protect tree root system from damage due to noxious materials in solution caused by run-off or spoilage during mixing and placement of construction materials, or drainage from stored materials. Protect root systems from flooding, erosion, or excessive wetting resulting from dewatering operations. 3.02 REPAIR AND REPLACEMENT O1' TREES A. Repair trees damaged by construction operations, in a manner acceptable to the Engineer. Make repairs promptly after damage occurs to prevent progressive deterioration of damaged trees. B. Remove and replace dead and damaged trees whi,iti are determined by the tree surgeon to be incapable of restoration: to normal growth pattern. 02115-2 C-1 40 i. C. If trees over six inches in caliper measurement (taken 12 inches Above grade) are required to be replaced, provide new trees of six incises caliper size, and of the species selected by the Engineer. 3.03 DISPOSAL Removal from owner's property; Remove excess excavation, displaced trees, and trimmings, and dispose of off the Owner's property in a manner approved by local agencies. �- END OF SECTION 02115-3 4P 40 0 j (UGCO2401.FMT):aa SECTION 02401 DEWATERING 4' ' PART 1 - GENERAL 1.01 DESCRIPTION OF WORH The work to be performed under this section shall include furnishing all equipment and labor necessary to remove storm or subsurface waters from excavation areas in accordance with the requirements set forth and as shown on the drawings.. 1.02 APPLICABLE CODES, STANDARDS, AND SPECIFICATIONS The dewatering of any excavation areas and the disposal of the water shall be in strict accordance with the latest revision of all local and state government rules and regulations. The Contractor shall obtain any required dewatering permit from the appropriate agencies prior to commencing dewatering operations. PART 2 -- 'PRODUCTS (Nat- Applicable) PART 3 - EXECUTION 3.01 DEWATERING The Contractor shall provide adequate equipment for the removal of storm or subsurface waters which may accumulate in the excavation. If subsurface water is encountered, the contractor shall utilize suitable equipment to adequately dewater the excavation so that it will be dry for work and pipe laying. A wellpoint system or other Engineer -approved dewatering method shall be utilized if necessary to maintain the excavation in a dry condition for preparation of the trench bottom and for pipe laying. wellpoint holes shall be plugged with concrete grout. Dewatering by trench pumping will not be permitted if migration of fine grained natural material from bottom, side walls, or bedding material will occur. in the event that satisfactory dewatering cannot be accomplished due to subsurface conditions or where dewatering could damage existing structures, the Contractor shall obtain the Engineer's approval of wet trench construction procedure before commencing 02401-1 a 40 construction. Dewatering shall cease in a manner to allow the subsurface water to slowly return to normal ' levels. 3.02 DISPOSAL water pumped from the trench or other excavation shall be disposed of in storm sewers having adequate capacity, canals, or suitable disposal pits. Contractor is responsible for acquiring all permits required to discharge the water and shall protect waterways from turbidity during the dewatering operation. In areas where adequate disposal sites are not available, partially backfilled trenches may be used for water disposal, only when the Contractor's plan for trench disposal is approved in writing by the Engineer. The Contractor's plan shall include temporary culverts, barricades, and other protective measures to prevent damage to property or injury to any person or persons. No flooding of streets, roadways, driveways, or private property will be permitted. Engines driving dewatering pumps shall be equipped with residential type mufflers. END OF SECTION 4.. 02401-2 C-1 40 f (oGCO2485.rMT):aa SECTION 02485 GRASSING { PART 1 - GENERAL a 1.01 DESCRIPTION OF WORK The Contractor shall furnish all labor, equipment, and materials necessary for grassing all areas disturbed by his operations and any other areas on the plans indicated to receive grassing. It is the intent of this specification that damaged areas are to be replaced in kind, with sod to be used for all maintained yard areas. Engineer shall designate those areas to receive seed and those areas to receive sod. Engineer shall also designate the type of seed/sod to be used in each area. Contractor shall take all steps practical to minimize the area required to be sodded or seeded. All grassing shall be in accordance with Section 570-1 through 570--5 of the 1986 FDOT Standard Specifications for Road and Bridge Construction, except as modified herein. 1.02 STORAGE OF MATERIALS The Contractor shall provide space for storage of sod prior to placement in a manner that will not endanger or restrict pedestrian or vehicular traffic or interfere with other aspects of the work.. PART 2 - PRODUCTS 2.01 SOD A. Types: Sod shall be St. Augustine Floratam, Argentine Bahia, Centipede, or Bermuda, depending on type of existing sod in adjacent area to be matched. Sod shall be well matted with roots. Where sodding will adjoin, or be in sufficiently close proximity to private lawns, types of sod other than those listed above may be used if desired by the affected property owners acid approved by the Engineer. Sod shall be delivered in commercial - size rectangles, preferably 12 -inch by 24 -inch or larger. S. Condition: The sod shall be sufficiently thick to secure a dense stand of live grass. The sod shall be live, fresh, and uninjured at the time of planting. It shall have a soil xnat of sufficient thickness adheriLig firma.y to the roots to withstand all necessary handling. It 02485--1 C1 40 i ir. r shall be reasonably free of weeds and other grasses. it ' shall be planted as soon as possible after being dug and shall be kept moist from the time it is planted. i 2.02 SEED P" A. General: All. seed shall meet the requirements of the State Department of Agriculture and Consumer Services and all applicable State laws. The seed shall have been harvested from the previous year's crop. when a low percentage of grass seed or native seed germination causes the quality of the seed to fail below the minimum pure live seed percentage as specified below, the Contractor may elect, subject to the approval of the Engineer, to increase the rate of application sufficiently to obtain the minimum germination rate specified. No payment will be made for the added seed. B. Delivery and Storage: Each of the species or varieties of seed shall be furnished and delivered in separate labeled bags. During handling and storage, the seed shall be cared for in such a manner that it will be protected from damage by heat, moisture, rodents, and other causes. All permanent and temporary grass seed shall have been tested within a period of six months of the date of planting. C. Purity and Germination: .All permanent and temporary grass seed shall have a minimum percent of purity and germination as follows: 1. Argentine Bahia Grass Seed shall have a minimum pure seed content of 95 percent, with a minimum germination of 80 percent. 2. Pensacola Bahia Grass Seed shall have a minimum pure seed content of 95 percent, with a minimum active germination of 40 percent and a total germination of 80 percent, including firm seed. 3. Bermuda Grass Seed shall be of common variety with a minimum pure seed content of 95 percent, with a minimum germination of 85 percent. 4. Annual Type lye Grass Seed shall have a minimum pure seed content of 95 percent, with a minimum germination of 90 percent. 2.03 MULCH The mulch material used shall normally be dry mulch. Dry mulch shall be straw or hay, consisting of oat, rye, of wheat straw, or of pangola, peanut, coastal 'B-�muda, or Bahia grass hay. only deteriorated mulch which can readily be cut into the soil shall be used.. 02485-2 El 40 2.04 GRASSING EQUIPMENT A. Seed Spreader: The seed spreader shall be an approved mechanical hand spreader or other approved type of spreader. J B. Equipment for Cutting Mulch into Soil: The mulching equipment shall be f of a type capable of cutting the specified materials uniformly into the soil and to the required depth. Harrows will not be allowed. C. Rollers: A cultipacker, traffic roller, or other suitable equipment will be required for rolling the grassed areas. PART 3 - EXECUTION L.. 3.01 GENERAL. CONSTRUCTION METHODS Seeding and mulching operations will not be permitted when wind velocities exceed 15 miles per hour. Seed shall be sown only when the soil is moist and in proper condition to induce growth. No seeding shall be done when the ground is frozen, unduly wet, or otherwise not in a tillable condition. Whenever a suitable length of right-of-way or adjacent area has been graded, it shall be made ready, when directed by the Engineer, and grassed in accordance with these specifications. Grassing shall be incorporated into the project at the earliest praetical time in the lift of the contract. 3.02 SODDING A. Preparation of Area to be Sodded: The ground which is to receive sod shall have been graded to proper elevations (2" below sodded grade) to match preconstruction conditions or proposed grades. All disturbed swales and ditches shall have been restored to their preconsttuction condition or better. The preconsttuction grade shall be maintained and the prepared soil shall be loose and reasonably smooth. It shall be reasonably free of large clods, roots, patches of existing grass, and other material which will interfere with the sod -laying operations or subsequent mowing and maintenance operations. B. Laying of Sod: Sod shall be installed in all areas so designated by Engineer. Sod shall be carefully placed so that each piece abuts flush to all surrounding sod, regardless of whether surrounding sod is new or existing. Where new sod is to be placed adjacent to existing sod, the new sod must be cut in to match the 02485-3 4& elevation of the existing sod. Uneven sod which might cause mowing problems will be rejected. New sod laid on trap of existing sod will also be rejected. All sod placed on steep slopes (greater than 1:1) shall be pinned with a wooden pin to keep it in place. C. Rolling: Immediately after completion of the sod laying, the entire sodded area shall be rolled thoroughly with the equipment specified. At least two trips over the entire area will be required. D. Watering: newly --sodded areas are to be watered by Contractor as necessary to keep sod alive until the Contractor is closed out. Dead sod shall be replaced by Contractor prior to contract closeout. 3.03 SEEDING A. Sequence of Operations: The operations involved in the work shall proceed in the following sequence: preparation of the ground, seeding, spreading, and cutting in mulch. B. Preparation of Area to be Seeded: The ground over which the seed is to be sown shall be prepared by disk - harrowing and thoroughly pulverizing the soil to a suitable depth. The prepared soil shall be loose and reasonably smooth. It shall be reasonably free of large clods, roots, and other material which will interfere with the work or subsequent mowing and maintenance operations. C. Application of Seed: While the soil is still loose, the seed shall be scattered uniformly over the grassing area and immediately mixed into the seed bed to a depth of one-half inch. Unless other types of seed are called for, permanent -type grass seed shall be a mixture of 20 parts of Bermuda seed and 80 parts of 'Pensacola Bahia seed. Quick -growing type grass seed shall be a species which will provide an early ground cover during the particular season when planting is done and will not later compete with permanent grass. The separate types of seed used shall be thoroughly dry -mixed immediately before sowing, Seed which has become wet shall not be used.. U. Mulching: When mulching is called for, approximately two inches, loose thickness, of the mulch material shall then be applied uniformly over the seeded area, and the mulch material cut into the soil with the equipment specified, so as to produce a loose mulched thickness of three to four. inches. Care shall be exercised that the 02485-4 m 40 materials are not cut too deeply into the sail. No artificial watering of the mulch shall be done before it is applied. E. Rolling: Immediately after completion of the seeding, the entire grassed or mulched area shall be rolled ' thoroughly with the equipment specified. At least two trips over the entire area will be required. F. Watering: Newly seeded areas are not to be watered to force the seed germination, but only to sustain grass growth. Water will only be used on vegetated areas when permitted by the Engineer. G. operations on Steep Slopes; On steep slopes when mulching is called for, the mulch material may be anchored down in lieu of beingcut by the eather of the use of a machine. Anchoring may b following methods: 1. Placing a layer of soil, approximately two inches thick by nine inches wide, along the upper limits of the mulch, and spotting soil piles over the rest of the area at a maximum spacing of four feet. 2. Spreading a string net over the mulch, using stakes driven flush with the top of the mulch, at six-foot centers, and stringing parallel and perpendicular, with diagonals in Moth directions, fi. Maintenance: The Contractor shall, at his expense, maintain the planted areas in a satisfactory condition until final acceptance of the project. Such maintenance. shall include the filling, leveling, and repairing of any washed or eroded areas, as may be necessary. The Engineer, at any time, may require replanting of any areas in which the establishment of the grass stand does not appear to be developing satisfactorily. If a planted area must by replanted due to the Contractor's negligence, carelessness, or failure to provide routine maintenance of such area, such replacement shall be at the Contractor's expense. If replanting is necessary due to factors determined to be beyond the control of the Contractor, payment for replacement will be made under the appropriate contract pay items. END OF SEC TTON 02485--5 4W (UGC 02576.FMT)aa SECTION 02576 PAVEMENT, SIDEWALK, AND DRIVEWAY REPLACEMENT PART I — GENERAL i 1.01 REFERENCES A. Section numbers and Article numbers specified are those contained in the latest edition of the "Florida Department of Transportation Standard Specifications for Road and Bridge Construction." B. A City of Sebastian right-of-way permit and street opening permit is required for excavation of paved areas within the City's right-of-way. Any processing fees or bond fees required for right-of-way permit shall be paid by the Contractor. The same requirements of the County's Code will be acceptable for construction on City roads. C. Indian River Code Chapter 312, Section 08 C. UtilityConstruction in the Right -of -Way shall control where applicable. It is intended that the other specifications contained herein are to be applied as more specific. In the event of a conflict between a provision of Code Section 312.08 C and any other provision of these specifications the more restrictive provision shall apply. D. 312.08 C — Utility construction within the right-of-way. All utility work will require a right-of-way construction permit. Utility companies having a valid franchise to operate in Indian River County will not be required to pay a right-of-way permit fee. Utility companies not having a valid franchise may be required to pay a user fee to be determined by the Director of Public Works. The pennit application shall be submitted along with the following information. 1. General application data and specific utility data. 2. Appropriate filing fee. 3. Three (3) sets of engineering plans which contain plan, profile and cross-section views of the existing and proposed f2cilities including all existing utilities, structures in the right-of-way within. one hundred (100) feet of the improvement, and other pertinent information. 4. Plans that show the following criteria are met:. a. Utility placement shall be the proper depth and location as approved by the Director of Public Works and Director of Utiiity Services. 02576-1 • 40 b. All utility structures including traffic signal and control appurtenances, drainage structures, communication, and electrical lines, gas lines, water, sewer, oil transmission lines; etc., r shall meet specifications and construction procedures as required by Florida department of Transportation and appropriate utility agencies. C. open pavement cut shall not be permitted on county arterial and collector routes as designated on the countyrs thoroughfare plan unless approved by the public works director on the permit. All such crossings shall be "bore and Jack" in accordance with Florida Department of Transportation standards, unless approved open cut. if open cut is approved, one (1) lane of traffic in each direction should be maintained, using proper traffic control procedures as outlined in the reference material cited in section 312.08.1 (b) and (c). d. Pavement cut and restoration, where approved, shall be as follows: 1. pipe bedding, backfill and compaction shall conform to standards specified in section 312.08.1 (a) and (c). open out restoration shall meet specifications detailed in drawing No. 6 section 312.19. Density testing shall be performed by an approved independent testing laboratory and reports submitted to the public works director prior to permanent patch. A temporary asphalt patch shall be applied within twenty-four (24) hours after backfill and compaction. The finish surface of the temporary asphalt patch shall be within one-quarter (1/4) inch of the elevation of the existing roadway surface. 2. Seventy -'two (72) hours prior to the time of pavement cut, the public works director shall be notified of the date and time of the cut. An emergency phone number of the contractor shall be provided. 02576-2 11 f 3. Work site traffic control shall be provided in conformance with ""Florida Department of Transportation Roadway and Traffic Design Standards," + 4. Asphalt restoration will be required within fifteen (15) days after temporary patch is installed. The final finish shall be smooth and uniform within a one-quarter (1/4) inch tolerance of the required surface. 5. Shoulder, right-of-way sodding, and other restoration shall be performed as required by the public works director in accordance with Florida Department of Transportation Standards. 6. Traffic control devices (e.g. signs, street name signs, traffic signals and pavement markings) shall be restored to their original condition or better. T. prior to final release of the performance bond, which shall occur no sooner than ninety (90) days after final pavement restoration, the engineer -of -record or utility - company shall request a final inspection, shall certify that the utility has been installed in accordance with standards specified in the publications listed in section 312.08, shall submit two (2) copies of as -built drawings, and shall submit release of lien by contractors. 8. All utility structures will be required to have an identification tag designating proper ownership. 1.02 RESTORATION All surfaces, as described, shall be completed as soon as is reasonable. in no case shall the pavement or driveway replacement operation be unfinished for more than 10 days after backfilling unless otherwise directed by the Engineer. Replace all damaged or cut pavement dine to contractor's operations; restore all pavement outside of trench area that is damaged by the Contract at iiu exp—nse l" to Owner. 02576--3 40 40 1.03 GUARANTEE I' All restored areas within the public right-of-way shall i be guaranteed for one year. In the event of settlement of paved areas more than one-quarter inch below the s undisturbed adjacent permanent pavement, the contractor �. shall make the necessary repairs to restore the pavement level within ten calendar days after notification by the Owner. The cost of such repairs shall be paid by the Contractor. PART 2 - PRODUCTS 2.01 BASEROCK Limerock, shellrock, and local rock shall conform to DOT specifications, Section 911, 2.02 ASPHALTIC CONCRETE A. Prime and Tack Coats: Prime and tack coats shall be applied to the prepared baserock. prime coat shall be cutback asphalt, Grade RC -70, MC -30, or MC -70, complying with DOT Specifications, Articles 300--1 through 300-7, applied at the average rate of o.15 gallon per square yard. Tack coat shall be emulsified asphalt, Grade RS -2, complying with DOT specifications, Articles 300-1 through 300-7 respectively, applied at the average rate of o.10 gallons per square yard. The bituminous quantities are considered as average and are subject to some variation at the discretion of the Engineer and at no additional cost. B. Plant- Mix Wearing Surface: A plant mix wearing surface course shall be constructed on the prepared limerock base. Materials and construction shall conform with the requirements of DOT Standard Specifications for Type S-1 Asphaltic concrete, Section 331, Articles 331-1 'through 331-4. The finished pavement replacement shall be smooth and. even with, or slightly above, the existing abutting pavement, but shall not have any appreciable bump due to this slight elevation. C. Rock, Gravel, or Marl Replacement: Roads, stracts, or driveways constructed of rock, gravel, or marl shall be restored to a condition equal to or butter than prior to construction using the same material unless directed otherwise. 02576-4 C._1 4D D. Temporary Cold patch; Temporary cold patch for temporary surface as required by Code section 312.08 (c) (d) 1., shall be a commercially available mix approved by.the engineer. r' 2.03 CONCRETE MIX, DESIGN, AND TESTING A. comply with requirements of applicable FDOT section 3455 for concrete mix design, sampling and testing, and quality control, and as herein specified. S. Design the mix to produce standard weight concrete consisting of Portland cement, aggregate, air - entraining admixture and water to produce the following properties. 1. Compressive strength - class I, 3,000 psi. 2. Air Content. 3% to 6% G. Concrete placement slump shall not exceed plus or minus one inch from approved design slump. PART 3 - EXECUTION 3.01 PAVEMENT REPLACEMENT Replace pavement in accordance with the details shown on drawings. The baserock shall be placed and compacted in accordance with DOT Specifications, section 200. Application of the tack coat shall follow the application of the prime coat immediately prior to the placing of the wearing surface course. 3.02 EDGE TRIM Trim edges of the existing pavement with a concrete saw or other approved method to provide a clean, straight edge. 3.03 PAVEMENT MARKINGS Repaint, stripe, or otherwise mark pavement to match preexistinq conditions, using DOT -approved materials and procedures. 3.04 TEMPORARY PAVEMENT Temporary pavement shall be installed as follows: 02576•-5 d 4M A. Residential Streets: in residential streets, the Contractor shall, after completion and acceptance of the backfill., construct a base course in accordance with the typical section meeting the requirements of the ROT specifications, Section 200, Articles 200-1 through 200-10. The top of the base course shall be constructed flush with the adjacent asphalt surface. Upon completion of the base construction, it shall be primed and sanded in accordance with DOT Specifications, Section 300, Articles 300-1 through 300-6. Prime shall be applied at the rate of o.50 gallon per square yard, or as directed by the Engineer. B. Arterial Streets: in arterial streets, the contractor shall, after completion and acceptance of the backfill, construct a base course in accordance with the typical section. Upon completion of the base course, the contractor shall construct an asphaltic concrete surface course, Type II, in accordance with DOT Specifications, Section 332, Articles 332-1 through 332-5. The top of the surface course shall be constructed flush with the adjacent asphalt surface. Thickness of the replaced course shall match the thickness of the existing surface course. 3.05 EM ERGEN.CY REPAIRS AND PROCEDURES The contractor shall provide the name and telephone number of at least two persons designated by the Contractor to receive notification of the need for emergency repairs. These persons shall be available for emergency notification on a 24 hour basis. The County will provide the name, or dames, of its designee who will be charged with giving notice to the Contractor when the need for emergency repairs, or other actions, is necessary on work that has been performed by the Contractor. when so notified by the person so designated by the County that emergency repairs, or other actions, are necessary the Contractor will be given a reasonable time t:o respond to the situation. At the time of notification the contractor will give the time that he will be able to take action to rectify the emergency conditions. If this time is not satisfactory to the County, the County reserves the right to have the Road & Bridge Division make necessary repairs, or take other emergency actions as required to restore the pavement, or take other actions necessary. The County will invoice the Contractor for the actual time and materials used in executing the emergency repairs, or ar-tions. This amount 02576-6 4a C> will be based upon hourly rates and actual materials cost to the County. The labor rates will be supplied to the Contractor prior to beginning work under this Contract. if the Contractor does not pay the invoice as presented by the County, the County reserves the right to withhold that amount from the contractor on the Final Pay for this Contract. 3.06 SIDEWALK, CONCRETE DRIVEWAY, CURB, AND COMBINED GUTTER REMOVAL AND REPLACEMENT A. SURFACE PREPARATION: I. Remove loose material from the compacted subbase surface immediately before placing concrete. 2. Proof -roll prepared subbase surface to check for unstable areas and the need for additional compaction. Do not begin paving work until such conditions have been corrected and are ready to receive ,paving. comply with requirements of FDOT Section 230, Paragraph 230-6. B. CONCRETE PLACEMENT: I.. Do not place concrete until subbase and forms have been checked for line and grade. Moisten if required to provide a uniform dampened condition at the time concrete is placed. Do not place concrete around manholes or other structures until they are completed to required finish elevation and alignment... All concrete driveways shall be FDOT Class 1 and a minimum of 6 inches thick with wire or fiber mesh reinforcement. All sidewalks shall be a minimum of 4 inches thick, shall be sawcut every 5 feet, and shall have an expansion joint every 30 feet. 2. Place concrete using methods which prevent segregation of the mix. Consolidate concrete along the face of forms and adjacent to transverse joints with an internal vibrator. Keep vibrator away from joint assemblies, reinforcement, or side forms. Use only square --faced shovels for hand -spreading and consolidation. Consolidate with care to prevent dislocation of reinforcing, dowels, and joint devices. Do not use vibrators to push or move concrete in forms or chute. 02576-7 eo 0 3. Deposit and spread concrete in a continuous operation between transverse joints, as far as possible. if interrupted for more than one- half hour,,place a construction joint. 4. Curbs and Gutters: Automatic machine may be used for curb and gutter placement at Contractor's option. if machine placement is to be used, submit revised mix design and laboratory test results which meet or exceed the minimum herein specified. Machine placement must produce curbs and gutters to the required cross-section, lines, grades, finish, and jointing as specified for formed concrete. If results are not acceptable, remove and replace with formed concrete as specified. S. .joints: Construct expansion, weakened, -plane (contraction), and construction joints true - to -line with face perpendicular to surface of the concrete, unless otherwise indicated. Construct transverse joints at right angles to the centerline, unless otherwise indicated. when joining existing structures, place transverse joints to align with previously - placed joints, unless otherwise indicated. a. weakened -Plane Joints: Provide weakened - plane (contraction) joints sectioning concrete into areas where required. Construct weakened --plane joints for a depth equal to at least one-quarter concrete thickness, by sawing within 24 hours of placement or formed during finishing operations. Place joints at intervals not '_,o exceed 10 feet, if not otherwise indicated. b. Construction .joints: Place construction joints at the end of all pours and at locations where placement operations are stopped for a period of more than one- half hour, except where such pours terminate at expansion joints.. Construction joints shall be as shown or, if not shown, use standard metal keyway- seution form of appropriate height. 02576-8 E.7 40 c. Expansion Joints: (1) Provide premol,ded joint filler for expansion joints abutting concrete curbs, catchbasin, manholea, inlets, structures, walks, and other fixed objects, unless otherwise indicated. (2) Locate expansion joints at 30 feet O.C. for concrete walks, unless otherwise indicated. (3) Extend joint fillers full width and depth of joint, and not less than one-half inch below finished surface where joint sealer is indicated. If no joint sealer, place top of joint filler flush with finished concrete surface. (4) Furnish joint fillers in one-piece lengths for the full width being placed, wherever possible. Where more than one length is required, lace or clip joint filler sections together. Pieces shorter than four inches shall not be used unless specifically shown as such. (*a) Protect the top edge of the joint filler during concrete placement with a metal cap or other temporary material. Remove protection after concrete has been placed on !both sides of joint. (6) Fillers and Sealants: Comply with the requirements of these specifications for preparation of joints, materials installations and performance, and as herein specified. C. CONCRETE FINISHING 1. After striking -off and consolidating concrete, smooth the surface by screening and floating. Use hand methods only where mechanical floating is not possible. Adjust the floating to compact the surface and produce a uniform texture. O2576-9 er 40 After floating, test surface for trueness with a 20 ft. straight edge. Variations exceeding one-third inch for any two points within 10 feet shall not be acceptable. Distribute concrete as required to remove surface irregularities, and refloat repaired areas to provide a continuous smooth finish. 3. Work edges of slabs, gutters, back top edge of curb, and formed joints with an edging tool, and round 10-1'211 radius, unless otherwise indicated. Eliminate any tool marks on concrete surface. 4. After completion of floating and when excess moisture or surface sheen has disappeared, broom finish sidewalks by drawing a fine -hair broom across concrete surface, perpendicular to a line of pedestrian traffic. 5. Do not remove forms for '24 hours after concrete has been placed. After form removal, clean ends of joints and point - up any minor honeycombed areas. D. CURING: Protect and cure finished concrete paving and walks, as required. Use moist - curing methods for initial curing whenever possible of approved concrete curing compounds. E. REPAIRS AND PROTECTION: I. Repair or replace broken or defective concrete, as directed by Engineer. 2. Drill test cores where directed by Engineer, :when necessary to determine magnitude of cracks or deiective areas. Fill drilled core holes in satisfactory pavement areas with Portland cement concrete bonded to pavement with epoxy resin grout. 3. Protect concrete from damage until acceptance of work. When construction traffic is permitted, maintain pavement as clean as possible by removing surface D2576 -1D • stains and spillage of materials as they occur. 4. 5weep.concrete pavement and wash free of stains and discolorations, dirt, and, other foreign material just: prior to final inspection. END OF SECTION 02576-11 f 40 (DGCO2610.FMT):aa SECTION 42610 RESTRAINED JOINTS, EXCAVATION AND BACKFILLING 1.01 RESTRAINED JOINTS A. Restrained joints shall be used on lines larger than 6 -inch diameter. Sections of piping having restrained joints or those requiring restrained joints shall be constructed using pipe and fittings with restrained 'Locked -type" joints, and the joints shall be capable of holding against withdrawal for line pressures up to 150 pounds per square inch (psi). The pipe fittings shall be as shown for restrained push -on joints or restrained mechanical joints on Page 416 in Section VI, in the Handbook of Cast Iron Pipe, 4th Edition. In all cases, restrained joints must be used per Section C below, with thrust blacks, per contract drawings. B. Restrained pipe joints that achieve restraint by incorporating cutout sections installed in the bell of the pipe shall have a minimum wail thickness at the point of cutout that corresponds with the minimum specified wall thickness for the rest of the pipe. C. The minimum number of restrained joints required for resisting forces at fittings and changes in direction of pipe shall be determined from the length of restrained pipe on each side of fittings and changes in direction necessary to develop adequate resisting friction with the soil. Table. M -5B is provided for the Contractor as a guideline. L = 5PA -COS fw Where: L = length of pipe on each side of fittings or change in direction. P = 150 psi, unless otherwise noted. A = cross-sectional area in square inches based on outside diameter (O.D.) of pipe. X = angle of bend or change in direction in degrees. f = coefficient of friction = 0.4 (maximum). w = w (earth) + W (pipe) + w (water in pipe) 02610-1 40 40 W (earth) (density of soil*) (depth of cover in feet) (O.D. in feet) maximum 120 lbs/cubic ft above maximum water table i elevation and 60 lbs/cubic Et below maximum water table r elevation. D. Bolts and nuts for restrained joints shall he hot dipped galvanized, low alloy, high strength steel. E. The Contractor shall also provide restrained joints in accordance with the above criteria wherever thrust blocks are used in conjunction with below ground fittings on lines 12 inches in diameter or less. 1.02 EARTHWORK AND BACKFILL A. All excavation for utilities and/or house connections shall be adequately guarded with barricades and lights, so as to protect the public from hazard. Streets, sidewalks, driveways, curbs, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the County and City. B. Foundation material used for pipe bedding, from a minimum 6 inch distance below the pipe invert to the bottom 12 inches above the top of the pipe, shall be bank run sand and gravel. C. All gravity sewer installation procedures must be in accordance with pipe manufacturer's recommendations. All gravity sewers and force mains shall be installed to have minimum cover of 36 inches. 'Installation of gravity sewers shall be controlled by use of a laser to maintain proper grade. D. Installation of force mains shall be in accordance with AWWA Standard C600 and the installation specifications for water lines in the water distribution section, irrespective of the type of pipe selected. I . Trench —Trench width shall be kept to a minimum necessary grade for installation of tate pipe. The trench bottom slrr.il be graded uniformly to match the slope of the pipe. 2. Backfill — Only good quality backfill, free of stones, roots, rocks, broken cement, or other material which might be damaging to the pipe shall be used. Backfill shall be placed in the trench in uniform lifts of 12 inches. 02610-2 GA 40 3. Compaction - All fill must be compacted by hand tampingfrom under the pipe up to the center line. Backfill shall be compacted in lifts up to the surface to achieve a minimum compaction of 95 percent of maximum density in roadways and shoulders, and 90 percent in ' easements, in accordance with AASATO T-180 and D-2167. R. Dewatering - Construction shall be accomplished in a dry trench. Wellpointing will be required as necessary. All water entering excavations or other parts of the work shall be contained, collected, and pumped to suitable places for disposal, as permitted by State. 5. Sheeting - Sheeting and shoring shall be installed as may be necessary for the protection of the work, preservation of adjacent property and structures, and the safety of employees. Sheeting and bracing shall be uniform to OSHA requirements. Installation of water mains must be in accordance with latest AWWA Standard C6O0, irrespective of the type of pipe selected. All installation procedures must also be in conformance with pipe manufacturer's recommendations. Minimum cover shall be 36 inches. Magnetic I.D. tape shall be placed continuously in the trench over PVC pipe, 12 inches below grade. Allowable deflection of the pipe joints and curvature of pvc pipe shall not exceed the manufacturer's specifications. 1. Trench - Trench width shall be kept to a minimum necessary for pips: installation. The. trench bottom shall be graded, and alignment shall be parallel with the roadway, where poasi.ble. 2. Backfill -- Only good quality backfill, free of stones, roots, rocks, broken cement, or other material which might be damaging to the pipe shall be used. Backfill muss: be put in the trench in lifts. 3. Compaction - All pipe must be compacted by hand tamping to the center line, under the pipe. Backfill shall be compacted in lifts up to the surface to achieve a minimum compaction of 95 percent of maximum density in roadways and shoulders, and 90 percent in easements in accordance with AASHTO T-180 and ASTM D-2167. 02610-3 db do 4. Dewatering - Construction shall be accomplished in a dry trench. Wellpointing will be required, as necessary. All water entering excavations or other parts of the work shall be contained, collected, and pumped to suitable places for disposal as permitted by State. 5. Sheeting - Sheeting and shoring shall be installed as may be necessary for the protection of the work, preservation of adjacent property and structures, and the safety of employees. Sheeting and bracing shall be uniform to OSHA requirements. F. DRIVEWAY CROSSINGS To minimize interruption of access to occupied residential property, the Contractor shall jack under driveways which are 16 feet or less in width. The method used must be approved by Indian River County and may include, but may not be limited to, one of three methods: A. The use of an auger which is placed inside the pipe and is used to bore a hole as the pipe is pushed underneath the driveway. B. Impact Driver, commonly called a "Mole." C. Water jet consisting of 1 1/2" - 2" nozzle with rear jets. The water jets dirt and material back through the pipe. A pump is used in the trench behind the pipe to eliminate water in the trench. END OF DOCUMENT 02610--4 C> 1 (UGCO2623.FMT):aa SECTION 02623 WATER MAINS POLYVINYL CHLORIDE PIPE 1.01 SCOPE This section covers polyvinyl chloride pipe and fittings for water mains. 1.02 GENERAL Polyvinyl chloride (p.v.c.) pipe shall be allowed for use as water pipe where compatible with the specific conditions of the project. The use of material other the polyvinyl chloride may be required during construction permit review or by iRCDUS field personnel if it is determined thht polyvinyl chloride pipe is unsuitable for the particular application. 1.03 PIPE MATERIALS FOR SIZES 4" THROUGH 1211 A. All pipe and fittings intended for conveying or transmitting treated water shall be designed for a minimum working pressure of 150 psi. B. Polyvinyl chloride pressure pipe shall conform tax the latest AWWA Standards 0900 and ASTM D1784 and D2241, latest revision. P.V.C. pressure pipe shall be made from Class 12454-A or Klass 12454-8 material and conform with the outside diameter of cast iron pipe with a minimum wall thickness of DR18. C. The pipe shall be blue in color. 1.04 PIPE MATERIALS FOR SIZES 1411 THROUGH 3611 A. All pipe and fittings intended for conveying or transmitting treated water shall be designed for a minimum working pressure of 150 psi. B. Polyvinyl chloride pressure pipe shall conform to the latest AWWA Standards 0905 and ASTM D1704, latest revision. P.V.C. pressure pipe shall be made from Class 12454f -A or Class 12454-5 material and conform with the outside diameter of cast iron pipe with a minimum wall thickness of DRIB. 02623-1 40 L. C. The pipe shall be blue in color. t D. polyvinyl chloride pipe shall be furnished by JM Manufacturing Company, or equal. r• 6 1.05 JOINTS A. Joints for P.V.C. pressure pipe shall be bell and spigot push --on rubber gasket type only. No solVent weld or threaded joints will be permitted. B. Other type joints may be considered for specific installation upon submission of specifications and approval by IRCDUS. 1.06 FITTINGS A. p.V.C. fittings 4" and smaller shall be of monolithic construction and of the type specified by the manufacturer of the pipe being used. No solvent welds will be permitted. B. Fittings larger than 4" shall be ductile iron mechanical joint and shall conform to AWWA specification 0110 (ANSI 21.10-07), or latest revision. Fittings shall be cement mortar lined and seal --coated in accordance with AwwA Standard C104 (ANSI A21.4 -E5), or latest revision. C. The pressure rating shall be 250 psi. D. All ductile iron fittings shall be supplied by the manufacturer with a sealed cement mortar lining inside and coated outside with coal -tar enamel. 1.07 MARKING A. Number 14 single conductor copper trace wire shall be spiral wrapped, or affixed to the tope of the pipe. See trace wire detail M--16 for specifications regarding installaLiun. B. Trace wire is required over all pipes. END OF SECTION 02623-2 40 (UGCO2625.FMT)aa P' SECTION 02625 WATER MAINS DUCTILE IRON PIPE AND FITTINGS 1.01 SCONE This section covers cast ductile iron pipe and cast ductile iron fittings for water mains. 1.02 GENERAL A. Ductile iron pipe shall be allowed for use as water pipe where compatible with the specific conditions of the project. The use of material other than ductile iron may be required by IRCDUS during construction permit review, or by IRCDUS field personnel, if it is determined that ductile iron pipe is unsuitable for the particular application. E. All ductile iron pipe shall be manufactured in accordance with AWWA Specification C-151 and shall be class 50 minimum. All ductile iron pipe crossing under roadways shall be Pressure Class 350 minimum. C. Unless specifically indicated otherwise, restrained joint underground piping shall be manufactured restrained bell and spigot and aboveground piping shall be flanged. D. Cutting of ductile iron pipe shall be by sawing only. 1.03 PIPE Ductile iron pipe shall be bell and spigot cast in accordance with AWWA Specification 0151 (ANSI A21.51- 86), or latest revision. Cast ductile iron shall have a minimum tensile strength of 60,000 psi, with a minimum yield strength of 42,000 psi. Pipe wall thickness shall be computed in accordance with AWWA Specification 0150 (ANSI A21.50-81), or latest revision, using the physical characteristics cited above, with a minimum working pressure of 150 psi and a Laying Condition "Type 2." Unless otherwise indicated or specified herein, the pipe shall have the minimum wall thickness according to class designation for diameters shown. All pipe shall be given a minimum factory hydrostatic test of 500 pounds per square inch. 02625-1 C-1 E 42625-2 P, pe class 50 Class 52 Diameter Minimum Wall Thickness Minimum Wall Thickness finches) linchesl finches) 4 -__- 0.29 6 4.25 0.31 8 0.27 0.33 10 0.29 0.35 12 0.31 4.37 14 0.33 0.39 16 0.34 0.40 18 0.35 0.41 20 0.36 0.42 24 4.38 0.44 30 0.39 0.47 36 0.43 0.53 42 0.47 0.59 1.04 FITTINGS A. All underground fittings shall be either bell and spigot, or mechanical joint. Mechanical joints shall conform to AWWA specification C110 (ANSI 21.10-87), or latest revision. All aboveground fittings shall be flanged joint. B. The pressure rating shall be 250 psi for fittings up to 12 inches and a minimum of 150 psi for larger sizes. C. All fittings shall be lined with the same material as specified for the pipe as per paragraph 1.05. 1.05 LINING AND COATING A. Unless otherwise indicated, all ductile iron pipe shall be factory lined and coated. B. Limeq: All pipe shall be cement mortar lined and seal coated in accordance with AWWA Standard C104 (ANSI. A21.4^85), or latest revision. C. Coating: Unless specified otherwise, all pipe shall be bituminous coated outside to a dry film thickness of at bast 2 mil. D. Repair: Anywhere that the coating is removed purposely or accidentally, the area shall be cleasied of any rust, grease, and dirt and re -coated to a minimum dry film as specified for the individual piece. 42625-2 13 C-1 E. se t: If and where directed by IRCDIS, a polyethylene encasement shall be provided over pipe, fittings, and valves. The material, installation, and workmanship shall conform to applicable sections of AWWA C105 (ANSI A21.5 -8B), or latest revision. Installation methods A or B shall be employed using ' flat tube polyethylene. The Contractor shall make provisions to keep the polyethylene from direct exposure to sunlight prior to installation, and backfilling following installation shall be completed without delay to avoid exposure to sunlight. 1.06 BELL AND SPIGOT CONNECTIONS ,joints in bell and spigot pipe shall be push -on, mechanical, or restrained joints in accordance with AWWA Standard C-111 (ANSI 21.11-85), or latest revision. Mechanical joint pipe set -screw type retainer glands will be permitted on a case -by --case basis, when restrained mechanical joints, in accordance with AWWA Standard C-111 (ANSI 21.1185), or latest revision, are impractical. Thrust blocks may be required by IRCDUS in cases where retainer glands are used. 1.07 FLANGED CONNECTIONS A, All flanged pipe barrels shall comply with the physical and chemical requirements as set forth in the Handbook of Ductile Iron Pipe of the Cast Iron Pipe Research Association. Flanges shall be in accordance with ANSI Specification 816.1 for Class 125 flanges. Bolts shall comply with ANSI specification B18.2. B. Flanged pipe shall be faced and drilled to the American Standard drilling, unless special drilling is called for or required. Where tap or stud bolts are required, flanges shall be tapped. Flanges shall be accurately faced and drilled smooth and true, at right angles to the pipe axis and shall be covered with zinc dust and tallow or a rust preventive compound immediately after facing and drilling. C. Flanged pipe with screwed -on flanges shall be furnished with Long hubs, and the flanges shall be screwed on the threaded end of the pipe in the shop, and the face of the flange and end of pipe refaced together. There shall be no leakage through the pipe threads and the flanges shall be designed to prevent corrosion of the threads from outside. 02625-3 C-1 r D Flanged joints shall be made with bolts or stud bolts and nuts. Holts, stud bolts, and nuts shall conform to American Standard heavy dimensions, semi -finished with square or hexagonal heads and cold punched hexagonal nuts, meeting the requirements of ASTM Designation A- 307. Bolt sizes shall be American Standard for the flanges specified, and bolts and nuts shall have good, true threads. E. Gaskets shall be in accordance with AWWA Standard C-115 (ANSI A21.15--86), or latest revision. 1.08 SUBMITTALS Before starting fabrication of the cast iron pipe and fittings , complete detailed working drawings shall be submitted by the Contractor for approval by the Engineer. Such drawings shall show the piping layouts and contain schedules of all pipe , fittings, valves, expansion joints, hangers and supports, and other appurtenances. Where special fittings are required, they shall be shown in large detail with all necessary dimensions. The drawings submitted shall show flanged jointed sections placed so as to be removable without disturbance to the main pipe sections. 1.09 MARKING A. Number 14 single conductor copper trace wire shall be spiral wrapped or affixed to the tope of the pipe. See trace wire detail M-16 for specifications regarding installation. 1.1+0 INSTALLATI©N OF WATER MAINS Unless otherwise noted on the drawings or in other sections of this specification, the pipe shall be handled and installed in strict accordance with the manufacturer's instructions and with the applicable provisions of AWWA C600. If a conflict exists between the manufacturer's instructions and the AWWA Standards, the manufacturer's instructions shall govern. The Contractor shall use every precaution during construction to protect the pipe against the entry of non -potable water, dirt, wood, small animals, and any other foreign material that would hinder the operation of the pipe line. Where the groundwater elevation is above the bottom of the trench, the Contractor shall provide suitable dewatering equipment at no additional cost to the owner. All piping shalt be placed in a dry trench, unless wet trench installation is approved by the Engineer. 02625-4 CLI 40 r I Depth of Cover and Pipe Elevation: Unless otherwise shown on the drawings, or otherwise authorized by the Engineer, all pipe shall have a minimum cover of 36 inches. Contractor shall. determine top of pipe elevation and top of ground elevation for every two joints of pipe installed using a level. ripe must have the minimum cover described above and must be within +r-0.2 feet of the top of pipe elevation indicated on the drawings. installed pipe which does not meet these requirements shall be reinutalled until it does meet these requirements. Contractor shall record top of- pipe £pipe and top of ground elevations and the locations of where these elevations were determined and submit this information to Engineer or his representative. Engineer reserves the right to have Contractor excavate and check top of pipe and top of ground elevations to see if they conform to the aforementioned requirements, at no cost to owner. END OF SECTION 02625-5 • 4M F (UGCO2660.FMT)aa i SECTION 02660 j TESTING AND INSPECTION OF WATER MAIMS l.o I PRESSURE AND LEAKAGE TESTS O UNDERGROUND PRESSURE 1 PIPING p., Hydrostatic pressure and leakage tests shall conform with Section 4 of the latest edition of AWWA C-600 specifications with the exception that the Contractor shall furnish all gauges, meters, pressure pumps and other equipment needed to test the line= Engineer or designated representative shall be present during all testing, televising and final inspections. B. The pressure required for the field hydrostatic pressure test shall be 1.5 times the normal working pressure at the point of testing, and not less than 1.25 times the working pressure at the highest point along the test section, but not less than 150 psi (100 psi for force main). The Contractor shall provide temporary plugs and blacking necessary to maintain the required test pressure. Corporation cocks at least 1 inch in diameter, pipe riser, and angle globe valves shall be provided at each pipe dead-end in order to bleed air from the line. Duration of pressure test shall be at least 2 hours. The cost of these items shall be included as a part of testing. C. The leakage test shall be conducted concurrently with the hydrostatic pressure test and shall be of not less than 2 hours duration. All leaks evident at the surface shall be repaired and leakage eliminated regardless of total leakage as shown by test. Lines that fail to meet tests shall be repaired and retested as necessary until test requirements are complied with. Defeetive materials, pipes, valves and accessories shall be removed and replaced, The pipelines shall be tested in such sections as may be directed by the Engineer by shutting valves or installing temporary plugs as required. The line shall be filled with water and all air removed, and the test pressure shall be maintained in the pipe for the entire test period by means ora force pump to be furnished by the Contractor. The amount of water required is a measure of the leakage. D, The Contractor must submit his plan for testing to the Engineer for review at least five (5) working days before starting the test. The Contractor shall remove and adequately dispose of all blocking material and equipment after comp!.etion and acceptance of the field hydrostatic test, unless otherwise directed by the Engineer. Any damage to the pipe coating shall be repaired by the Contractor. Lines shall be totally free and clean prior to final acceptance. 42660-1 I s E. The Engineer or the Engineer's representative must be present during testing. F. No thrust blocks shall be backfilled until inspected by IRCDUS inspectors. 1. . J G. Before the pressure testing of new pipelines against existing Indian River County valves can commence, the lines shall be properly chlorinated, sampled, and bacteriologically approved. 1.02 DISINFECTING POTABLE WATER PIPELINES A. Before being placed in service, all potable water pipelines shall be chlorinated in accordance with the latest edition of AWWA C-551, "Standard Procedure for Disinfecting Water Mains," The procedure shall be approved by the Engineer. The location of the chlorination and sampling points will be as specified by the Florida Department of Environmental Protection, Water Distribution System Permit. Taps for chlorination and sampling shall be uncovered and backfilled by the Contractor, as required. B. The general procedure for chlorination shall be first to flush all dirty or discolored water from the lines, and then introduce chlorine in approved dosages in accordance with Table 1-1 through a tap at one end, while water is being withdrawn at the other end of the line. All water flushed from mains shall be directed into rear or side yard ditches. The chlorine solution shall remain in the pipeline for no less than 24 hours. [,. Following the chlorination period, all treated water shall be flushed from the lines at their extremities and replaced with water from the distribution system. Bacteriological sampling and analysis of the replacement water shall then be made by the Engineer in full accordance with the AWWA Manual M23. The Contractor will be required to rechlorinate, if necessary. The line shall not be placed in service until the requirements of the State and County Environmental Health Department are met. D. Special disinfection procedures shall be used in conutections with exis6119 mains, and where the method outlined above is not practical. E. The Contractor shall make all arrangements necessary with an independent commercial laboratory approved by the Department of Health t and Rehabilitative Services (HRS) for the collection and examination of samples of water from disinfected water mains. These samples shall be examined for compliance with HRS requirements. Sampling; shall be 02660-2 A i� 11 d made daily and continuously until two successive examinations are found satisfactory. Should three examinations be found unsatisfactory, the line shall be flushed and disinfected again. Certified copies of all laboratory analyses shall be provided to the Owner. The cost of all sampling, flushing, and disinfecting shall be included in the contract price, and no additional charge shall be made to the Owner for this work. County personnel shall operate all valves and be present to determine and control f the volume of water used for flushing. f j TABLE 1-1 Chlorine Required to Produce 25-mg/L Concentration In 100 Ft. of Pipe by Diameter Pipe 100 -percent l -percent Diameter Chlorine Chlorine Solation (inches) oundo (gallons) 4 0.+013 0.16 6 0.030 0.36 8 0.054 0.65 10 0.085 1.02 12 0.120 1.44 16 0.217 2.60 1.03 TESTING OF GRAVITY SEWERS A. Leakage tests by exfiltration or infiltration, as described below will be made on all pipe. The County shall have the option of determining which test shall be employed. Generally, if the groundwater table is below the bottom of the pipe, an exfiltration test shall be used. B. Exfiltration tests will be made on the pipe before or after backfilling, at the discretion of the County. The length of the sewer to be tested shall be such that the head over the crown of the upstream end is not less than 2 feet, and the licad over the downstream crown is not more than 6 feet, unless directed otherwise by the County. The sewer shall be plugged by pneumatic bags or mechanical plugs in such a manner that the air can be released from the sewer while it is being filled with water. The test shall . be continued for one !Sour and provisions shall be made for measuring the amount of water required to maintain the water at a constant level during this period. If test results are unsatisfactory, the Engineer may direct that additional tests are made on any or all of the pipe. 02660-3 • 4W r - i C. If any joint shows an appreciable amount of leakage, the jointing material shall be removed and joint remade. If any pipe is defective, it shall be { removed and replaced. If the quantity of water required to maintain a constant level in the sewer for one hour dotes not exceed 100 gallons per inch of diameter per day per mile of sewer, and if all the leakage is not confined to a few joints, the workmanship shall be considered satisfactory. If the amount of leakage indicates defective joints or broken pipes, they shall be corrected by the Contractor. r D. Pipe shall be tested for infiltration after the backfill has been placed. Infiltration tests shall be made under the supervision of the County, and the length of line to be tested shall be as directed by the County. The allowable infiltration shall be 100 gallons per inch of diameter per day per mile of sewer. E. Rates of infiltration shall be determined by means of V -notch weirs, pipe spigot, or by plugs in the end of the pipe, to be provided and installed by the Contractor in an approved manner, and at such times and locations as may be directed by the County. F. If an inspection of the completed sewer or any part thereof shows any manholes, pipes, or joints which allow the infiltration of water in a noticeable stream or jet, defective work or material shall be replaced or repaired, as directed. G. Leakage between two adjacent manholes may be double the amount above stated, provided the average leakage for a total length of any size does not exceed the amount first stated, and provided there are no gushing or spurting leaks. H. All water used in testing and flushing shall be furnished at the Contractor's expense. 1. The Contractor may use an air test in lieu of the exfiltration test as described above. If he elects to do this, he shall submit his proposed method to the County for approval. J. If the results of the air test are unsatisfactory, as determined by the County, the Contractor shall be required to perform the exfiltration test as outlined above. 02660-4 40 Go F K. At the conclusion of the work, the Contractor shall thoroughly clean all of the pipe by flushing with water or other means to remove all dirt, stones, pieces of wood, or other material which may have entered during the construction period. Debris cleaned from the lines shall be removed from the lowest outlet. If, after this outlet cleaning, obstructions remain, they (" shall be removed. After the pipe is cleaned and if the groundwater level is 4 above the pipe, or following a heavy rain, the County will examine the pipe for leaks. If defective pipes or joints are discovered at this time they 1 shall be repaired by the Contractor. L. Upon completion of the work, the sewer system or selected sections therein shall be subjected to a final test and inspection. Ali work in the system or sections therein being tested shall be complete, cleaned, and ready for use, Tests shall be as specified herein and shall meet all requirements as to line, grade, cleanliness, infiltration, exfiltration, and workmanship. M. Inspection of mains shall be by use of a self-contained television systcGn and lamping. These facilities shall be provided and operated by the Contractor as specified below: The Contractor shall provide the County with videotape recordings, on VHS format, of the interior of all main line gravity sewers 8 inches in diameter and larger. The tapes shall be contained in an approved cartridge -type container. The tapes shall be recorded by pulling a r television camera through the line along; the axis of the pipe. The television equipment shall consist of a self-contained camera and a monitoring unit connected by a coaxial able. These recordings shall be done during the inspection of the mains. Monitors shall be available to the Engineer and Owner during these inspections. Monitors shall also be provided with a "Polaroid" type camera so that, as may be requested by the {County, photographs will be made of a particular portion of the main being viewed. The tapes shall be properly exposed and the camera shall be in proper focus so that good, clear recordings showing detail are produced. Tapes shall be identified by audio recordings noting the manhole numbers, distances to service lateral connections, direction of lateral connection, and any leaks, cracks or pipe defects. Each cartridge shall be clearly marked as to the contents and number, with an Index of all cartridges. Videotapes of the completed mains shall be delivered to IRCDUS. The Contractor shall provide any assistance required by the County to assist the Engineer with visual inspections. CMD OF sEcr ON L 02660-5