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1999-221
4w LA -. INDIAN RIVER COUNTY�- 1 Board of County Commissioners Department of Utility Services Project No. UW - 97 - 12- DS SEBASTIAN WATER ASSESSMENT PROJECT, PHASE 2C Indian River County Bid No. 9071 A Bid Bond MUST Accompany Bid i V 1 \,j 11,4 1 1 1 1Y1f-11 40 i TABLE OF CONTENTS DIVISION O - BIDDING AND CONTRACT REQUIREMENTS 00020 Invitation to Bid 00100 Instruction to Bidders 00310 Bid Form 00530 Standard Form of Agreement JCDC Agreement Between Owner and Contractor 00610 Construction Performance Bond 00620 Construction Payment Bond 00700 General Conditions 00800 Supplementary Conditions DIVISION I - GENERAL REQUIREMENTS 01000 Summary of Work 01025 Measurement and Payment 01060 Regulatory Requirements and Notification 01090 Reference Standards 01 152 Applications for Payment 01 153 Change Order Procedures 01201 Pre cottruction Conference 01311 Construction Schedule 01340 Strop Drawings, Product Data and Samples 01381 Audio -Visual Documentation 01410 Testing Laboratory Services 01510 Temporary Utilities 0l 560 Temporary Controls 01600 Material and Equipment 01700 Contract Close-out 01710 Cleaning 01720 Project Record Documents 01740 Warranties and Bonds DIVISION 2 - SITE WORK 02115 Tree Protection and Trimming 02320 Trenchless Installation of Water Mains by Directional Boring 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 02627 Water Mains High Density Polyethyllcne 02660 Testing acid Inspection of Water Mains a SEC-rlclts 00616 ADVERTISEMENT FOR BIBS INDIAN RIVER COUNTY Sealed bids will be received by Indian River County until 2:00 P M on AmusLl4s 1999. Each bid shall be submitted in a scaled envelope and shall bear the name and address of the bidder on the outside and the words "Sebastian Water Expansion, Phase 2C'. All bids, either mailed or walked in, will be received by the Purchasing Division, 2625 190' Avenue, Vero Beach, Florida, where they will be opened publicly and read aloud at 2:00 PM. Ail 'bids received after 2:00 P.M,, of the day specified above, will be returned unopened. UTILILTIES ASSESSMENT PROJECT NO. UW -97 -12 -DS INDIAN RIVER COUNTY BID H.90-71 CONSTRUCTION OF SEBASTIAN WATER ASSESSMENT PRASE — 2C All material and equipment furnished and all work performed shall be strict accordance with the plans, specifications, and contract documents pertaining thereto, which may be obtained from the Zn is Y�r ' o t Utili ' s nt. 4 '' t yL '170-537. Copies of the plans and the specifications containing the necessary contract documents may be obtained by deposit of a check male payable to Indian River County, in the amount of Eighty Dollars ($80.00) for each set, which represents cost or printing, handling and mailing and is non refundable. Ail bids shall be submitted in duplicate on the Bid Proposal forms provided within the Specifications. A 13ID ff0ND must accompany each Bid, and be properly executed by the Bidder and by a qualified surety, or certified check or cashier's check on any bank authorized to do business in the State of Florida, in the sum of not less than five perecut (5%) of the total amount of bid, trade 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. Tile County reserves titre right to delay awarding of the Contract for a period of sixty (60) days after the bid opening to waive informalities in any hid, or reject any or all bids in whole or in part with or without cause/or to accept the bid that, in its judgement, will serve the best interest of Indian River County Florida. A Pre -Bid Conference meeting will he held ora Tuesda July 27 1999 at 10;00 A M , in the first floor conference mom of the Indian River County Administration Building located at 1840 250i Street, Vero Beach, Florida 32960. INDIAN RIVER COUNTY PURCHASING MANAGER For Publication in the Vero Beach Press Journal (Date(s): sheet and Affidavit o#' Publication to* July 14, 1999 Please furnish tear July 21, 1999 INDIAN RIVER COUNTY PURCHASING DIVISION 2625 19`" Avenue, Vero Beach, FL 32960 Fop OF SECT!CA 06()u - 4 d a V— (UGC00100.FMT):sa SECTION 00100 INSTRUCTIONS TO BIDDERS (Based Upon EJCDC No, 1910-12,1983 Ed.) 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 meanings assigned to them in the General Conditions. The term "Bidder" means one who submits a bid 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 er provided) makes an award. The term "Bidding Documents" includes the Advertisement or Invit tion to Bid, Instructions to Bidders, The Laid Form, and the proposed Contract Docurnents (including all Addenda issued prior to receipt of Rids). 2w COPIES OF BIDDING DOCUMENTS 2.1 Complete sets of the Bidding Documents in the number and for the deposit stun, if any, stated in the Advertisement or Invitation to Hid may be obtained from Engineer. 22 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. 2.3 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids on the work and do not confer a license or grant for any other use of the Bidding Documents. 3. Q ALirtCMDUN5 Ute BIDDERS To demonstrate qualifications to perform the work, mh 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 time period. 00100-1 4. EXAMINATION Or 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 Contmet 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 'i base reports of explorations and tests of subsurface conditions at the site which have been utilized by Engineer in preparation of the Contract Documents. Bidder rnay 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.F., Environmental Fngineer Project work site is located within the Sebastian llighlands Subdivision road fight -of -ways, east of Roseland Road, north of Vocelle Avenue, 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 utilized 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 nurp-- of hirlr11n1a nr construction. Copies of such reports and drawings will be made available by Owner to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the technical data contained 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. 00100-2 s C] R, 4.3 information and data reflected in the Contract Documents with respect to underground facilitics 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 othemvise 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 diffcring conditions appetu 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 Bid for performing and furnishing 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 a 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-ot-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 is ix: 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. 00100-3 4D •l 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 Docwnents 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 furnishing of the work. 5. INTERPRETATIONS AND ADDENDA 5.1 All questions about the meanings of intent of the Contract Documents are to be directed to the Utilities Department staff- Mi el otc .E. Environmental I; incer with IndianRiver Co t blit' Interpretation or clarifications considered necessary by Engineer in response to such question_; 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 formmml written Addenda will be binding. Oral and other interpretations 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. 6, BID SECURITY 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 ofthe 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 may annul the Notice of Award, and the Bid security of that Bidder will be forfeited. 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 ofthe seventh day after the effective date ofthe Agreement or the sixty-first day after the Bid opening, whereupon Bid security 00100-4 furnished by such Bidders will be returned. 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. SUBSTITUTE 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 alter the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by Engineer is scat 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 All 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 vice president (or other corporate otticer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the 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 the partnership name and signed by a partner, whose title must appear under the signature, mid official address of the partnership must be shown below the signature. 10.5 All names roust be typed or printed below the signature. 00100-5 tr C r• 10,6 The Bid shall contain an acknowledgment of receipt of all Addenda (the f number of which must be filled in on the Bid Form). r 10.7 The address and telephone number for communications regarding the Bid must be shown. i l , SUBMISSION OF BIDS Bids shall be submitted at the time and place indicated in the Advertisement or Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with Project title (and, if applicable, the designated portion of the Proicet for which the laid 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 systcm, the sealed envelope shall be enclosed in a separate envelope with the notation "BILI ENCLOSED" on the face of it. The Bidder shall submit the Bid in duplicate on the forms, or an exa+_t copy of tile forms, furnished herewith. The blank spaces on the Bid Form shall be filled in correctly for each Bid item for which a Bid is subs -fitted. 11.2 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 Owner or the Engineer as having secured documents for this Contract will be rejected. 12. MODIFICATION AND WITHDRAWAL OF BIDS 12.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of n:i "LUS. 12.2 If, within two business days after Bids are opened, any Bidder tiles a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of owner that there was a material and substantial mistake in the preparation of its Bid. that Bidder may withdraw its Bid and the Bid security will be returned. "Thereaficr, that. Bidder will be disqualified from further bidding on the work to be provided under the Contract Documents. 00100-6 410 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 SUBJECT OF ACCEPTANCE All bids will remain subject to acceptance for sixty days after the day of the Bid opening. but the Owner may, in its sole discretion, release any Bid and retum the Bid security prior to that date. 15. AWARD Ol; 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 Hid 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 respo[tsive or the Bidder is unqualified or of doubtful fn ancial ability or fails to meet any other pertinent standard or criteria established 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 column 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 or the Bidder, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form 07 P 4./'• \V 41 LW Ai1+414W V, !?t', k� • 153 Owner may consider the qualifications and experience of subcontractors, suppliers, and other persons and organizations proposed for those portions of the work as to which the identity of subcontractors, suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner may consider the operating 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 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 time. 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 will be in the best interests of the Prosect. 15.6 if the Contract is to be awarded, owner will give the successful Bidder a Notice of Award within sixty days afier the day of the laid opening. 15.7 more than one Did from an individual, finn, 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 be 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 shall have been furnished, executed, and delivered berorc the Contract will be executed by the Owner. L, -- '. _....� L-- L.,..� ;j 1 [y11W V iltNll 111G �nLL Vl LILA DILItIGI LV WIIM1}lll 1114r LVll4l lY4l 11LL% W411 awarded to execute and deliver the Contract and the Surely 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 Ownces discretion. It is understood and agreed by said Bidder, that if the award is annulled for the above persons, the certified cheek or Bid Bond shall become the property of the Owner, not as a penalty, but as liquidated damages. 00100-8 f l b. 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 Performance 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 lhereaFler, 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 00100-9 4W • (UGO00310.FMT):aa SECTION 00310 BID FORM (Based Upon EJCAC No. 1910-18,1983 Ed.) PROJECT IDENTIFICATION: SEBA -MAN. WATER A5SESSMEN"1' PA JECT PHA5R 20 " TIES BID IS SUBMITTED TO: Indian River County 2625 19th Avenue Vero Beach, FL 32960 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all work as specified or indicated in the Contract Documents for the Contract Price kind within the Contract Time indicated in the Contract Documents and in accordance with the other terms and conditions of the Contract Documents. 2. Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to 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 Agreement with the bonds and other documents required by the Bidding Requirements within ten days atter the date of Ownces Notice of Award. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that: (a) Bidder has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number juiy 27 1999 00310-1 • (b) Bidder has familiarized 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. (e) Bidder has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in Paragraph 5G4.2 of the Supplenwntary Conditions of the extent of the technical data contained in such reports and drawings upon which bidder is entitled to rely. (d) Bidder has obtainLd 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 hi (c) above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or famishing of the work as Bidder considers necessary for the performance or hir nishing 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 examination, investigations, explorations, test, reports, studies or similar information 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 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 Bidder in order to perform and furnish the work at the contract price, within the contract time and in accordance with the other t+.aiau a'nd wvndiiiums of nhe Contract Documents, including specifically the provisions of Paragraph 4.3 of the General Conditions. (f) Bidder has correlated the results of all such observations, examinations, investigations, 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 Documents and the written resolution thereof by Engineer is acceptable to Bidder. 00310-2 (h) This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; 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 Schedule 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 amount of the Agreement, and payments thereunder, will be based upon the actual quantities placed into the work. 5. Bidder agrees that the work will be completed in accordance with the following time frame: (a) Within -34. 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. S. 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, v) i iGi�i i ;aicuutu days its i SFU caiendar days from the effective [tate of Notice to Proceed, the CONTRACTOR shall complete the following tasks: I . Install all pipe and appurtcnant 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. 00310-3 I c) From M calendar days to M calendar days from the effective date of Notice to s Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area,. 2. Remove all equipment and material from projec"ite. 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 Items. (b) Required Bid Security in the Form of Insurance. 7. Communications concerning this Bid shall be addressed to: Michael C. Hotchkiss, P.E.. Environmental Engineer (5601) 770-5321 The address of Bidder indicated below is as follows: Tr—ae„ rnaet_jCQatX _t_Jng_, Tnr P.4. Box 650249 6290 old Dixie Vero Beach, 4L 329605 PH bb2—Z45U7— FAX 562-4721 R The term-:® --,--d un ut.:� mid + • ,+ ,..,.. ... .m .,,u ri�ut�yi tvc ueiuleu in the General conditions Of t e Construction Contract include as part of the Contract Documents have the meanings assigned to them in the General Conditions. SUBNU'I'TED ON August 10 1999 00310.4 • C7 SCHEDULE OF BID ITEMS INDIAN RIVER COUNTY SEBASTIAN WATER. ASSESSMENT PROJECT, PHASE 2C INDIAN RIVER COUNTY PROJECT NO. UW -97 -12 -DS ESTIMATED UNIT SUB MR- OU_ MOT PRICE_ TOTAL MOBILIZATION I UNIT 30000. 0 1000Q DIP POLYWRAP 3,020 L.F. --50 1510.00 12" DIP WM CLASS 350 220 L.F. 20.90 459610 12" PVC WM 2,680 L.F. 17.32 46417.60 8" DIP WM CLASS 350 270 L.F. __14,2o 3861.00 8"PVC WATER MAIN 1,700 L.F. 11.00 1.00 6" DIP WM CLASS 350 2,370 L.P. ,12 . o 286-x7.00 61" PVC WM 27,320 L.F. __ 8. 22532Q.QO 4" DIP WM CLASS 350 160 L.F. _ 11.g2 181.20. 4" PVC WM 1,500 L.F. 6.87 10305.00 12" GV 3 UNIT IMS nn 51 , s nn ,� 6 GV 49 UNIT _53c,,Dp 261111-00 4"" GV 5 UNIT 467.50 2337.50 FRA 32 UNIT 2090.00 66880.00 12" CANAL CROSSING l UNIT15400 nn - 15400- 00 8" CANAL CROSSING 2 UNIT UQQgx0 11600.00 2" BLOWOFF VALVE 2 UNIT 14+63.00 2926.00 l" SHORT SINGLE SVC 50 UNIT 390.50 19525.00 1" LONG SINGLE SVC 45 UNIT 58 -i -nn 26239_00 1.5"° DUAL SHORT SVC 120 UNIT _423.5o 5Qa2a.nn 1.5" DUAL LONG SVC 110 UNIT 632"5Q 69, 75.00 FITTINGS 12 TON _540.o0 6ono.nn rutvir�tt 3 UNIT 154n_nn 4690_nn DRIVEWAY BORES 160 UNIT 350.00 56000.00 ROADWAY BORES 9 UNIT In,)q- np 27-2-95,00 RESTORE ASPHALT PAVEMENT 2,160 L.F. 33.04 712110-00 OVERLAY ASPHALT INTERSECT. 50,000 S. F. .75 37�oo_nn RESTORE CONCRETE DRIVEWAY 600 L.F. 20.00 1222L-DQ- 2000.x]0_SOD SOD 36,21+0 L.F. 2.50 90525.{70 SEED & MULCH 500 L.F. 2.50 1250.00 TOTAL BID PRICE $980,574.30 The eaaistructton of water mein shall include, but is not limited to, utilities expiorsdon, caurdln don with any permtuing agencies, trenching, dewaterin& installation of pipe with fittlnis and alt appurtenances, restrainers, and salt comp9dion, disinfection, testing {includes providing temporary jumper or another approved method for dislnfection and liushi gl irrigation repair, as•bullt drawings and traffic control. The PVC pipe shsli be C-900 and the DE? pipe shill bo press= clam 350 DIP per Indian River County Utility Standards and SpecIfi ations. (it must have a metal thicimeas equal at exceeding the Class 50). The Coatntctor shall clearly specify the one used on the bid. Contractor win be provided with copy of oonsouction pians in ACT ocADD format which includes lDeadoa reference to stste plane coordinates - 00310 -5 i • r i �,, Trench Safety Bidder acknowledges that included in the various items of the Proposal grid in the total t Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida), effective October 1, 1990. Bidder further identities the casts to be suntniarized below: Trench Safety Units of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) A. pr-nnh ]n , t ban five f€ et in depth—Cost NIA— B. C. D. .1`+otal S N/A Failure to complete the above may result in (lie Bid being declared non-responsive. T e sure Coast Contracting, Inc. P.O. Box 650249, 6290 old Dixie Hwy. signature Address LawrenceJ,T. Myers vera Beach, FL 32965 President Title RU 0059974 August 10, 1999 License Number (if Applicable) Bate (BEAT, - if Bid is by a cnrnnrn6nn) ATTEST-.��rf .tea Lawrence "7 Myer�s��— i�.I3idder is: By: (Individuaks dame) doing business as: 00310-+6 40 By: TREASURE COAST CONPRACPIW, INC. F LDRIDA (Corporation Name) (State of Corporation) By: � fi— Lawrence J. M ers erne of son Authorized to Sign) President 11MI-N (Corporate Seal) ATTEST: Lawrence J, vers Business Address: P.O. Box 650249, 6 90 Old Dixie Hwy Vero Beach, FL 32965 VH- By:� SES -----(Ge—nerd Partner) GI+IHIMA CI bug1mws address: By: By: [u (Address) leach joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a part to the joint venture should be in the manner indicated above.) 00310-8 SwORN sTATEMENT UNDER SECTION 287.133(3)(x) FLORIDA STATUTES, ON PUBLIC ENTITY CRlME'S (To be signed in the presence of a notary public or other officer authorized to administer oaths.) STATE OF FLORIDA COUNTY OF WDIAN RIVER Before me, the undersigned authority, personally appeared Lawrence J. Myers who, being by me fust duly sworn, made the following statement: I. The business address of Treasure coast contracting, Inc. (name of Bidder or Contractor)is P.O. Boy -650249, 6290 Old Dixie My. Vero Beach, eta 32965 2. My relationship to Treasure -coast contracting TM . (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 state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida 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 or political subdivision and iuivolving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 4. I understand that "convicted" or "conviction" is defined by the statute to mean a finding of guilt or a conviction of a public entity crime, with or without an adjudication of __.._.._ u6; a.._.., .....,.,� .w..aux t,e matt, utw, l;Ull['l l7i ru:orCi relating t0 charges brought by indictment Or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of plea of guilty or nolo contendere. 5. I understand that "affiliate" is defined by the statute to mean (1) a predecessor or successor of a person or a corporation convicted 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, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of 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. 511/1039 i I 6. Neither the Bidder or 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 affiliate of the Bidder or Contractor has been convicted of a public entity crime subsequent to July 1, 1989. (Draw a line through Paragraph 6 if Paragraph 7 below applies) 7. There has been a conviction of a public entity crime by thi.Effidderoor Contractor, or an o ector, executive, partner, shareholder, a ees, member or agent of the Bidder or Contractor w ve in the managern a Bidder or Contractor or an affiliate of the Bidder or Contractor. A de been made pursuant to Section 287.133 (3) by order of the Division of Adm stta Ivc Hearings7thfit- not in the public interest for the name of the convicted pe r affiliate to appear on the convicte list. The name of the convicted pe to is A copy of the order o ivtsion of Ad tive Hearings is attached to this statement. �- 0-,raw a lune through Paragraph 7 if Paragraph 6 above applies) t � Vyer—s� Lawrence J. Sworn to and subscribed before me in tale state and county fust mentioned above on the 10th day of nuqjLsr , 19gg. r )la Notary Public My co ' sion expires 00310-10 (affix sea]) p�naen M. BWAt, AM. � � � ppr,MNYs$IOti 1 �g4fa42 �%PIAES ApM 27.2001 4W r r� SWORN UNDER SECTION 105.08 Iim AIVER CC]Uti`1'lC CDDE ON DISCLOSupE OF PYJAATIONSHXPS TRIS FORM MUST BE SIGIM IN THE i'RESE,HCB OF A NOTARY PUBLIC OR OTM OFFICER AUTHORIZED TO ADMrNISTER OATHS. } , This sworn statement is submitted with RFP No._M7i__ for `ebas,t,.�an Hater AS�� "�' Phase 2C 2. This sworn statement is submitted by: Treasure Coast Contractiing, Inc --- T- (Name of entity submitting sworn statement) whose business address is: p.O. Box 650249, 6290 Old Pixie flay., Vern Y}each, FL 32965 and (If applicable ) its federal Employer Identification Number (FEIN) is (If the entity has no 'FEIN, include the Social Security Number of the individual signing this sworn statement 3. My name is 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 105.06, Indian River County Code, means: The term "affiliate" includes those officers, directors, SharehCldery cmployeeE, n.cmhcy.rt;, and agents who are active in the management of the entity. 5. I understand that the relationship with a County Commissioner or County employee must 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, brother-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 00310-11 410 r this sworn statement. ('Please indicate which statement applies). Neither the entity submitting this sworn statement, 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 Relationship Or Entity Commissioners v (Si nate ) Lawrence J. Myers August 10, 1999 (Date) STATE OF FLORIDA COUNTY OF INDIAN RIVER Thea foregoing instrument was acknowledged before me this 10th day of AaMst , 19'99 , by Lawrence J. Myers , who is t personally known i;—MAQAW ____as identification. NOT X PUBLIC /II IIS A9 SIGNATURE I cancra M. BMWIS PRINT d�d n I1 e 5 *' s MY C�l4M.NSSM I OMI942 EXPIRES RPM2T,2€16} STATE OF FLORIDA AT LARGE END OF SECTION 00310-12 ( SEAL ) • ,C This document has impartant legal consequences: consultation with on attorney is encouraged with (respect to its completion or modlFintion. SECTion 00530 r STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By a�,�wtnr►ei A !r M V PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CI VII. ENGINEERS CONSTRUrTION CpC+r F.'C .YlT.0 f4J41.].w i i,45-1 j t U 1 t, This document has been approved and endorsed by The Associated Gcneral "�" c ` Contractors of America This Standard Form of Agreernent has been prepared For use with the Standard General Conditions of the Construction Contract. No. I9to-8. I983'edition. Their provisions are interrelated and a change in one may neeess'ttatc a change in the others. The surgcstcd language for instructions to bidders contained in the Guide to the Preparation of Instructions to Bidders. No. 1910=I:. 1983 edition. is also carefully interrelated with the language pf thio Agreement. Comments concerning their usage are contained in the Commentary On Agreements for Engineering Services and Contract Documents. No. 1910.9. DISI edition. See also Guide 10 the Preparation of Supplementary Conditions. No. 1914.17. 1983 edition. EJCdCNO. 191rt-t•A•111993 E4lirrnn4 C] UTIL (EJCDC.FMT):aa EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS,OF A STIPULATED PRICE THIS AGREEMENT, dated the day of in the year 1998 by and between Indian River County, a political subdivision of the State of Florida (hereinafter called OWNER) and Treasure Coast Contracting, 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 220 L.F. of 12" DIP, 2,680 L.F. of 1211 PVC, 2,640 L.F. of 6" DIP, 29,020 L.F. of 6" PVC, 160 L.F. of 4" DIP and 1,500 L.F. of 4" PVC water main in the Sebastian Highlands Subdivision - Phase 2C from existing water mains located on Vocelle Avenue, 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 flushing) irrigation repair 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, as an independent contractor and not as an employee. shall furnish, for the sum amount of $980,574.30, 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 Utilities Department, hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. FA -1 • 0 k Article 3. CONTRACT TIME. ' 3.1 The work wi�l be completed in accordance with the following time frame. (a) Within 34 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 35 calendar days to 140 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 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 141 calendar days to 170 calendar days from the effective date of Neat;rP to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material 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 F] i` 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will surfer 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 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 four -hundred and fifty dollars ($450.00) 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 four -hundred and fifty dollars ($450.00) 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 $960,574.30. 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 meas>>rPri rey the 2chedulc ;f 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 40 r= LM 5.1.1 Prior to Substantial Completion, progress will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of I payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Paragraph 19.7 of the Genera � 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 14.2 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 14.7 of the General Conditions. 5.2 Final payment. Upon final completion and acceptance of the work in accordance with Paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.13. 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 CA 11 7.1 CONTRACTOR has familiarized itself with the nature and extent OF THE Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully ' all reports of explorations and tests of subsurface" conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.2 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 for assumes responsibility for obtaining and carefully studyir.gj all such examinations, investigations, explorations, tests, reports and studies fin 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. FA -5 7.5 CONTRACTOR nas correlated the results of ins still such observations, examinations, 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 ContractDocuments anac-ceptale writtento resolution thereof by CONTRACTOR. Article 8.CONTRACT DOCUMENTS. The Cntrct e the ent between OWNERoandaCONTRACTORtconcerning thes which work � k consisteofgmthefollowing, 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 "SEBASTIAN WATER ASSESSMENT PROJECT PHASE 2C" as listed in the table of contents hereof. 8.7 Drawings, inclusive with each sheet bearing the following general title: '•SEBASTIAN WATER ASSESSMENT PROJECT PHASE 2C" 8.8 Addenda numbers _ to _, inclusive. 8.9 CONTRACTOR's Bid (Section 00310). 8.10 Indian Enver 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 ot the documents amending, modifying, or supplementing ontract Documents pursuant. to Paragraphs 3.4 and 3.5 of the General Conditions. FA -5 40 • There are no Contrat Documents other than those listed above in this Article 8. he 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 defamed 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 unl.Pss 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 INVOLVED IN THE COMPLETION OF THIS AGREEMENT AND THE WORK THEREUNDER. Article 10. OTHER PROVISIONS. FA -7 do IN WITNESS 'WHEREQF, OWNER AND CONTRACTOR have signed this Agreement in triplicate. ne 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 theix behalf. This Agreement wiV be effective on i)ILtccd , , 1991. OWNER Indian River County CONTRACTOR Board of County Commissioners TREASURE COAST CONTRACTING NY$Y: LAWRENCE J. MYERS, enneth R. Maeht, Chairman PRESIDENT Attest PAIF{(CiA M. RIDGELY DEPUTY CLERIC Address for giving notices 1890 25th Street (If OWNER is a public body, attach evidence of authority to .sign and resolution or other documents authorizing execution of Agreement) (CORPORATE SEAL) Attest Address for giving not ces 6290 GELD DIXIE HIGHWAY VERO BEACH, FL- 32965 License No. RU0059974 Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign) END OF SECTION FA -8 40 0 DATE IMLVODdYYI r}R f 71;114r34 PRODUCER (561)461-8870 rru l-5blj901-05r0 ONLiANDCGMFERSNORIGHTS UPON THE CERTIFICATE favid G. Wi l lour Insurance Agency, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1716 S. U.S. Hwy. #1 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Pierce, FL 349 82-5 919 COMPANIESAFFORDING COVERAGE } COMPANY Valley Forge IRs. Co. A4tt5: Ext. POLICY EFFECTIVE POLICY "fIRATK)N INSUREO COMPANY Transcontinental Ins.. CO. Treasure Coas Contracting, Inc. - P, O. Box 650 49 COMPAAY Transportation Ins. CO. Vero Beach, FL 32965 C OF ANY pIID UPON THE NY, ITS AO ENT OR REPRESENTATIVES, COMPANY D coy Phase 2C / Project#UW-97-12-D5 HIS IS TO CERTIFY TI -VAT 7 iE PDLI(,IrS OF IFJSUfV FILE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NMAED ABOVE FOR THEPOLICY PERIOO I Nr)TWI'TIJ5TAND1NG ANY REOUIREFAENT.1 ERIN OR CONDITION OF ANY CONTRACT OR OTHER DoCtMIENT WITH RESPECT TO MACH THIS INDICATED, POLICIESHEREIN R BE IssuEo 08 MAY TAJN. THE IS 5UBJECT TO ALL THE TERMS, CERTIRCATE MAY POLICIES, LIMITS MAY HAVE BEEN REDUCED BY PAID CLwS SIiODLOAHY'OF TIIE AGOV'[:DCGCRID€D ri{SLICIEG BE CANCfI LEU BEFORE 711€ IONS AND CONDITIONS of SUCH EXCLUSIONS POLICY EFFECTIVE POLICY "fIRATK)N LIMITS 7R TYPE OF I"URAHCE POLICY -4 UMBER DATE WMMOFTYI DATE IUWDWMY'i ISI DAYS WRTFTEN NOTICr; TO THE CERTIFICATE HOLDER NAMED 70 THE LEFT, - GENERAL AGGREGATE S 21000.406 GENERAL. LLILBILTTY PRODUCTS-COUPIOPAGG 5 11000.000 ai COMMERCUL GENERAL LtAp7M OF ANY pIID UPON THE NY, ITS AO ENT OR REPRESENTATIVES, CLAIMSIAADE X C1 17195017 12/21/1398 1'2/21,11494 PERSONAL JL ADV `NJ_.. $ 1,000,000 - ..... A <....._ .... 4WHE:R'$ C C.^1DYP},CTCfTS PftDT EACIIL�CCIfRREIICC T 1.a66,00a PDR{IiIOTi FUtE DA►uGE fAnyens keJ S 50,000 ....._ ... ......... ..._...,....._..,_ MED W(AnYo,I.PwW) S 51000 AUT DMO BJLELIABILITY COMSINEOSWOIELIMIT 5 1, 000 , 600 ( ANY Aura ALL OWED AUTOS BOCNY INJURY 5 (Per P&W) B SCIIUWLEDAUTOS C 1017195620 12/21/1998 12/21/1999 X HIRED AU70S - ... .. WDR�"UR Y 5 NON-OWNCOAUTOS . PROPERTY DAJ.fAGE S - - AUTO ONLY• EAACCIDENT 5 GARAGE LIABILITY . _A - . .. - t OTHER THAN AUXO ONLY. ANY AU TIS EACH ACCIDENT S ........ CALNOCCURFIFNCE 5 Vx kss LLABI LITY - .... AGGREGATE T UMBRELLAFORM OTfiEn TNH UMBfiELIA FORM0A. S M ---.------. uI WORKERSCOMPENSATION AND - TORY LIMJTS ER EMPLRYERS'LULBINTY 1 17195034 12/21/1998 12/21/1999 e:,..n4rl�L1WEI*I T 500,061 L TIIEPROPRIETOW ...... INCL WC EL DISEASE POLICY LIMIT S 560,00( PARTNERS✓E%ECUTNE EL DISEASE EA EMPLOYEE $ 500 OFFICERS ARE: EXCL _ ,00( IE5CRIPTIONOFOPENAIIUNLW A nunarrnn.ti�.va�e..,.ry „e•�-+ roject: Sebastian Water Assessment Project - Phase 2C / Project#UW-97-12-D5 radian River County is named as an Additional Insured for General and Auto Liability. I. ItidC VE;7 V,Ti SIiODLOAHY'OF TIIE AGOV'[:DCGCRID€D ri{SLICIEG BE CANCfI LEU BEFORE 711€ E71PI MTIOH DATE TIEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ISI DAYS WRTFTEN NOTICr; TO THE CERTIFICATE HOLDER NAMED 70 THE LEFT, DUT FAILURE TO MAIL SUCH NOTICF SfIALL IMPOSE NA OBLIGATION OR LIAMMY Indian River County OF ANY pIID UPON THE NY, ITS AO ENT OR REPRESENTATIVES, 1846 25th Street Vero Beach, re 32964 AUTHONO:E❑RE ILESEN7AT ���As l�/r���� �E.P ACORD 22 •S Jv9fi): PDR{IiIOTi s • lR4ud i*..1-550162 IN THE RECORDS OF t�,OU JEFFREY K. BARTON ` qo CONSTRUCTION PERFORMANCE BONI) CLERK CIRCUIT COURT �3p SECTION 00610 INDIAN nivER Co„ FLA, ►_ a consid r -Aterg applicable, CONTIWTOR (Name anti Address): SURETY (Name and Principal Place of Business) 'Treasure Coast Con Ira et In g, Ine. "['he 01110 Casually Insurance Company PO Box 650249, Vero Reach, FL 32965 (561) 562-4587 136 Norlh'Third Street, flamillon, 011 45025 (513) 867-3000 r OWNER (Name and Address): Indian River County, a Political Subdivision of Ibe Slate of Florida 1840 25th Street Vero lleach, FL 32460, (407) 567-8000 CONSTRUCTION CONTRACT Date: Amount: 5980,574.30 Description (Name and Location): Sebasllan Nater Assessmcnl Project, Chase 2C Indlau Ricer County Project No. IJW-97-12-DS Located al County head 512 � 13C}ND Date (Not earlier than Construction Contract Date): Amount: $1,225,717,88 l Modifications to this Bond Form: NONE f CON'T'RACTOR AS PRINCIPAL Contipany: -'•" (Corp. Seal W"; 1tnq4rig0 L-':4w74rNear J. Kye�es Aleitc,a<r CONTRACTOR AS PRINCIPAL Cbttipany:_ (Corp. Seal) Signature: Name and Title: 00610-1 SURETY Company. Signature: Nance and Title: (Corp.. Seal) SURETY Company: ' ,_i ' (Cprp. Seal), , p, rt' " The owo sp ty sura efcs Y •' .Name ant!•Title: Deidre Ann Eaedt, a Attorney In Fact & Flrirlda I,Iceased Resident Agent Inquiries: (407) $.14-0021 SURETY Company. Signature: Nance and Title: (Corp.. Seal) M I. The Contractor and the Surety, jointly and severally. hind thcroscives, their heirs, executors, administrators, successors and assigns to the Owucr for the perfomiance of [lie Construction COlnrac4 WhiCh is iticorpnratcd herein by reference. 2. If lite Contractor performs the Construction Contract. the Surely and the Contractor shall have no obligation undo this Mond. except tI� participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Derautt, the Surely's Obligation under this Dond shall arise after: 3.1. ]lie Owner has notified [lie Contractor anti the Surely at its address described in paragcoph In below, that the Owner A considering declaring a Contractor Derauh and has requested anti attempted (o arrange a conference wills tale Contractor and the Surety to he held not later than fifteen days after receipt or such notice to discuss methods of perfumtring file C-onshociiott Contract. If the owner. file Contractor anti the Surely agree.. the Contractor shall be allowed a reasonable lime to perform Ilrc Consinrclion Conuacl, bill such an agreement shall lint waive the Owner's right., if any, subsnlucarly to declare a Coulrnclor Default: and 3.2, The Owncr fins declared a Coniroclor Defaull and formally lerminared the Contractor's right to complete the rornlacl Such Contractor t3craull shall not be declared earlier than Iwcnry Jays after the Contractor and the Surety have rcccivcd nnlice a provided in Subparagraph 3.1; and 3.3, The Owner has agreed to pay the Datance of Ilse Contract Price to Ilse Surety in accordance with lite terms or rbc Comimiction Contract or to a contractor selected fo pelioma II1C Cnn9lruehlln Comract in accordance wills the tams of she conlracl with the Owner. 4. When rhe Owner has satisfird the conditions of Paragraph 3, the surety shall promptly and at the Surety`s CrtpensC take coe or 1110 rollowing actions: 4.1. Arrange for the Contractor, with the consent of she Owner, to perform and cootptete Ilse Construction Conuacs; or 4.2. Undertake to perforin and complete [lie C'onshuctirnl Contract itself, through its agents ar Ihraagh independent contruclors: or 4.3. Dblain bids or negnliated proposals from qualified coullactnrs acceptable to the Owner for Ilse contract for perrornrance and completion of the Construction Contract, arraluge for a contract Its be prepared rot execution by the Owner and the contractor selected with the Owner's concurrence, to he secured with performance and payment bonds executed by a 4yWified surely Cquivalent to the hands issued on the Construction Cunlracl, and pay to the Owner the amount of dantagcs as descrihcd in paragraph 6 in excess of she balance of the Conlract Pute incurred by the Owner resulting ftour the Contractor's defautt: or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and With reasonable prORIPIrIcss under iiic 6mullislanecs: I. Aller invesiigalion, dcterminc the amount for which it niay he liable to the Owner and as soon as practicable after the anm ni isdclermincd, leader payment Ihciefore to the fawner, or 2, Deny liability in whole or in pail and notify, Ilse Owner citing reasons therefore. 5. if Idle Surely does not proceed as provided in Paragraph 4 will reason- able promptness, the Surety shall he deemed to be in default on this Dond Bitten days atter receipt of an additional written notice from the Owner to the Surety demanding dial the Surety perform its obligations under this Dond, and Ilse Owner shall be entitled to enforce any rcrnctly available to the Owner. if the Surety proceeds as provided in Sul,paragraph 4.4, and the Owner refuses the payment tendered or [lie Surely has denied liability, in whole or in part, without Curlher notice (lie Owner shall he entitled to enforce any remedy available to the Owner. (FOR INFORMATION ONLY -- Name, Address and Telephone) AGENT or DROICER: (407) 834-0022 O Guignard Company 1904 Boothe Circle, Longwood, FL 32750 00 6. After the Owner has terminated the C'ontractor's right to conrplele the Construction Contract, and if the Surety elects to act artier Subparaglaph 4. 1. 4.2, or 4.1 above, then the responsibilities of the Surety to the Owner shall not he greater titan those of the Contractor under the Conslruclion Contract, and the tesponsihililics of Ilse Owner to the Surely shall not be greater Ihan those of the Owner under the Construction Contract. TO the lirtril [PC tse amount of this Bond, but subject commilnrcin by the Owncr or Ilse balance or the COMM( Price to mitigation or costs anti damages on Ilse COnstructian C'oturacs. the Surely is obligaled without duplication for: f,.l. 'the responsihilllics of 111e Contractor rot correction of dCCcrtivc walk and conrplelion of the Conslruclion Contract: s 6 2 Additional legal, design professional and delay costs resnitiug front Ilse Contractor's t)eranll, and resulting from the actions or failure to act Of 111C Surely under paragraph 4: and fi 3 l.itplitlaird damages, or irno liquidaled damages ire specified in Ilse €'onshuction C'oulract. actual rlarnages causcd by relayed pcifonnanceOr ilon•perfmrmaucc of Itic Contractor. 7. "file Surely shall not he liable to The Ow net or others for ohligalions of lire Contractor that are Unrelatedto lite Construction Contract, and 'the Balance of lire Contract Price shall not be reduced or set off on account of any such unrelated abligalinns. No right or action shall accrue on ibis tlond to any person or ellhly ,,titer Ihus file Miller or its liens.. exeelllors, adminislralors.. or xucc"Sols. it. 'lhe Surely ticrel,y waires nmtce of any change, including changes or tine, Its the C'onstrrclron Contract or to related subcontracts, pmehaae orders aril Other obligatsn,s Q. Any prucccding, legal or quitable, under Ibis Dviid may be instituted in any court of competent jurisdiction in the location in which lite work or part of the work is totaled and shall he instituted within two years ager Contractor Iaefauit or within two years ager the Contractor ceased wor8i1118 or within Iwo years aver the Surety ceruses or fails to perform its oltligations under this Bond, whrclnever occurs first. if the provisions of this Paragraph are void or prohibited by taw. Ilse nunimum period of lindialilm availablfi 10 sureties as a dcfenscin IheJurisdicrinnofthe suit shall be applicahlc. in Notice to the Surely, rhe uwnar or the Cbnttaclor shall be mailed or delivered lathe a1111ress 01Owrl on the signature rage. 11. When this Dond has hien furnished to comply wills a statutory or other legal rcquheltl<nl its line location where the cnnmu action was In be pciformed, any provision In this Bond conflicting with said slatuotry or legal requirement shall he deemed detctcd licrefrortt and rroOlinns emrfouning to such staltuory or otter legal requirement shall be decreed incorporalcd herein. Vic irrtcm is Thal This Bond shall lie coossrued as a slatuury hoed antt 11411 .as a cnrnn+on law bund. 12. Dcfirrisiuns. 12.1, (talance of the Conlract Price: The total aum11ut payahle by tine (ht»er to the Cuntractor under the Couslmicliom C'ol,lract after all proper adlustlrlents have been inade. including allowance to the Contractor of any amounts received or to be received by the ()w9ner in aellleltlenr err incuraer,. — w!lu.r C12is:C fc. to which tic Contractor is entitled, reduced by all valid and proper +:.d payments made to or oil behalf nr Idle Contractor under the Construction Contract. N 12.2. Cunennclion Contract: The agrecincut between (lie Owner and the C'unhaclor idcmificd our the signature page, including all f J Conlract Documents and changes tllclelo. -� 12.3. C'onlraclor Default: 1'ailuc of the Contractor, which Inas neither n Areal reotcdicd nor waived, to perform or otherwise io comply will, rhe leans of the COnSlnrelion Conlract. 12.4. Owner hcfauly Failure of the Owner, which has neither been CC - reinedlcd nor waived, to pay the Coutraclor as required by the G Cutstniclion Contract or In perform and complete or comply with (Ile outer terms tltercof. WNER'S Rr-MrswrATIVE (Architect, Engineer or other parly): 610-2 Iridian River Counly Engineering Dellatlntent • A Bond No. 36550162 - CONSTRUCTION RUCTION PAYMENT BOND SECTION 00620 CONTRACTOR (Name and Address): SURETY (Nanle and Principal Place of Business): Treasure Coast Conlracthtg, ]lie. The Ohio Casualty insurance Company PO Box 650249, Vero (leach, Fl. 32965 (561) 562-4587 136 North Third Street, Hamilton, 011 45025 (513) 867-3000 OWNER ' (Natne and Address): Iridian River County, a Political Subdivision or the state or Florida 1844 25th Street Vero Beach, Fr, 32960, (407) 567-8000 CONSTRUCTION CONTRACT Date: Amount: $980,574.30 Description (Name and Location): Sebastian water Assessment Prujec4 Phase 2C Indian River County Project No. t)W-97-12-DS Located at County Road 512 BOND Date (Not earlier than Construction Contract Date): A.tnount: $980,574.30 ModiIientions to this Bond Form: "-his Bond incorporates all the requirements of Section 255.05, Florida Statutes, by reference as to all Notice and Time Limitations provided therein. This Bond shall be considered a Statutory Mond and not a Common -Law Bond. a ; .W + CONTRACTOR AS PRINCIPAL SURETY a�,.'';i •r ;� : . (Corp. Sealy Company: -' = (Co1p;4Scaly , r sure $sti,, tracting, Inc. Tjle obio asua y sura Col pa y 4i Signature: �e t#- t1C : �' r.,�ImR� we rt S. My Name and Title: Deidre Ann FJ s ed 't , fir,r + t. a"p Rcsr Dr r Attorney In f act & Florida r.tcensed tcsident Agent Inquiries. (407)834-0022 CONTRACTOR AS PRINCIPAL SURETY r __... ...,„1.a„y. (Cori). Seal)Company: NaJne anti Title: Signature: Name and Title: (Corp. Seal) EJCDC No. 1910-28B (1984 Edition) Prepared through the joint efforts of the Surety Association of Ametica. l:nl;iiieers' Joint Contract Drtcunserits Cornmiltec. -I-ite Asgoclated. General Contractors of America, American Institute cf Architects, American Subcontractors Association, and the Associated Specialty Contractors. 00620-1 40 I. The Canlraclor and The Surety, jointly and severally, hunt Illcroselves, (heir heirs, executors, administrators, successors anal assigns to lite Owner to pay for labor, malcrials and ec;oipment furnished for list in the perfor- mance of the Construction Contract, which is incorporated hezein by reference. 2. With respect to lire Owner, this obligation shall be null and void f it Contractor: 2.1, Promptly makes payinenr, directly or indirectly, for all sums due Claimants, and 22 Defends, indcnrnilks and holds Iiarmlcss the Owner front all claims, demands, liens or sails by any person lir airily olio furnished labor, materials nr equipmcul for rise in lire performance of the Construction Contract, provided Ile Owner has promplly notified the Contractor and the Surety fat the address described in Paragraph 12) of any claims, dentands, liens or suits anti tendered defense of such claims, demands, Bells or suits to the Coolniclor anti the Snrcly. and provided there is no Owner Rcfaull, 3. With respect to Claimants, this obligation shall be null and %ord If lire Contractor promptly makes paymcnt, directly or indirectly, for all sums due. 4. Tire Surely shall have no obligation to C'loinrapils undcr this Bond until: 4.1. Claimants who are employed by or have a direct coulracl with the Contractor have given notice to (Ire Sutety tat ilia address described in Paragraph 12) and scuta copy, or notice Ihcreaf.. to the Owner. slating Burl a claim is being glade under this Bond and. will subsiautiul accuracy, ilia amenoI of (he claim. 4.2. Claimants who do not have a direct canlracl wish the Contractor: I. Ilave furnished wnrten notice to lite Contractor and sent it copy. or notice thereof, to the OmIcr. within 70 days after having Iasi performed labor or last hunislicd materials or equipment included in the clan n staling, with substantial accuracy. the amount of the claim and Ilse name of the party to whom like nhareria9s were furnished or supplied or for whore the tabor was done or performed: and 2. Have either received a rejection it whole or in pan from the Contractor, or not received within aft days Of hrrnishing lire above notice any communication from lite Contractor by which tine Contractor has indicated the claim will he paid directly or indirectly arra 3. Not having been paid within the above 3n days, Wive sent a written notice to lite Surety (al (Ile address described in Paragraph 12) and sent a copy, or notice lhereor, to [lie Owner, slating that a claim is being tirade ander this Bond a eocl—inn - cer,y 4, previous wl'itlen notice furnished to lite Contractor. 5. If a notice required by Paragraph 4 is given by tate Owner to lire Contractor or to the Surety, that is sufficient comphancc. 6, When tire Claimant Inas satisfied Ilse conditions of Paragraph 4, IIIc Surety shall promptly and at the Surety's expense take ilia following aclions: 6.1. Send an answer to the Claimant, with a copy to ilia Owner, within 45 days after receipt ofthe claim, stating lite anromns that are undisputed and the basis for challenging any amounts that arc dispulcd. 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall net exceed tie amount orchis Bond, and the amount of Ibis Mond shall be credited for any payments made in good faith by [lie Surely, a. Amounts owed by the Owner to the Contractor trader the Construction Contract shall be used for the performance of the Construction Contract (FOR INFORMATION ONLY -- Name, Address and'releplhote) AGENT or BROKER: (407) 834.0022 Guignard Company 1904 Boothe Circle, Longwood, FL 32750 and to satisfy claims, if any, minder any Consrruclioti Performance Bond. By lire Colnraclor furnishing and the Owncr accepting this Bond, they agree tlhat all fluids carried by the Contractor in the perfarrnance of the Construclion Contract arc dedicated to salisfy, obligations of the Contractor and lite Surely under (his Bond, subject to the Oorner's priority to use the funds for lire completion of t(c work. 9. The Surety shall not he liable to the Owner, Claimants or others for obligations of lite Contractor that are unrelated to the Construction CnalraCl, 'ilia Otvocr shall not be liable for paymcnt of ally costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to alakc payments le, give notices ars behalf of, or athenvise have obligations Ie Claimants under this Bond. 111 The Surety hereby waives nnricc of any change. including changes of lime, to Pie Consuuclion Contract or to related sndscuntracrs, puichasc orders and other obligations. 11 No snit or action shall becnnnarenccd by a Claimant under this Bond otter than in a cnun or Competent jurisdiction ill Ilse Incaton in which Ille work OF pastor the %York is located or after tire expiration or epic year floor the date (1) on which the Claimant gave hitt nutiCe required by Subparagraph 4.1 o Clatise 4.2 (iii), or 12) on which the last labor or service was performed by anyone or ilia last materials or egllipnient were famished by anyone under the t'orslnsctimr C"nnuacr, ivfticltcvrr ufl t) lir f21 first urcurs. tf the provisions of Ibis Patagraph are sod or prohibited by law, the nrimiu nt period of limitation 1,311,11 ,1C hr sureties as a defrnse in the jurisdiction of (lie suit shall be applicable 12 r.nlrcc to the Surety, lite owner or the Contractor shall be trailed or ildl% rcd to the address shown on the signature page. Actuad receipt of notice by Surety, the Owner, or the Contractor. however accomplished, shall be surftcicrrt cumrimticc as lir the date received at the address shown on the ognaturc page 13. %Vlicn Ibis F3ond has been furnished to comply with a statutory or other legal reyuircmenl in the Incalren where the construction was to be perforated. any provision in this Bond conflicting with said slalulory or legal requicemcnt shall lie decincd deleted Iiercirrom anti ptovisions colfocming to such statutory lir other legal requirement shall he deemed incorporated herein. The intent is, that this Bund shall he consumed as a statutory hemi and not as a common lata• bond 14 Upon loluest by arty person or eumy appearing to be a porenlial hcueficinry of this Bond, lire Contractor shall ptougnly famish a copy of this Bond lir shall permit a copy to he made. 15. BEflNIUONS 15.1 Claimant; An individual or cmily having a direct contract wills rile Cnntnctnr Or with a snheonlraclor of the Contractor to furnish labor, matcrints or equipment for use in tlrc performance or elle Contract. 'lite intent or this Bond shall be to include wu huul Ininialien in the lerni5 "tabor, materials or equipment" that part of water. gas, power, light, heal oil, gasoline, telephone service or rental equipnrcia used in lite Construction Contract, architectural and engineering services required for perfmmnauce of the wort, .,r 13.2. 15.3. lite e.omraClar and Site t:emraeln'r'S subcontractors, and all other IJ items for Which a mechanic's IiCa may he 355erted in lire :tu jurisdiclion where the labor, materials or equipment were J furnished. CarlSlrueliOn Contract: T'Ite agreement between tic Owner and t,C] the Contractor identified on the signalwe page, including all ' Calumet Documents and changes thereto. � Owner Defaull: Failure of the Owner, which has Willer been @ reoedied nor waived, to pay tae Contractor as required by the r1.7 C'ousiruction Contract or to perfontt and complete or comply with .97 - the other terms thereof. W 00 OWNER'S REPRESENTATIVE (Arclritecl,Engineer orother pally): (}0620,2 Iridian River Cannty Engineering Department ti r CERTIFIED COPY 01" POWER OF ATIORNIEY THE 01110 CASUALTY INSURANCE CMIPANY WEST AMERICAN INSURANCE COMPANY No. 33-715 Know All Men by These Presents: "It'llW 0I110 CAS(IALTY It4St9R,1N(,F C[)h1I'ANY, an Ohio CorpmAlim% and WEST AKIERICAN INSURANCE COMPANY, in Ind lana Corporation, in pursuance of authority granted by Art Me VI, Sccl ion 7 of the nyLaws or ilia Ohio CA witty Insurance Company and .Article VI, Seel ion I of WnlAmeriean huurAnecCompany, do herebynominalc,comlilule andapprainl: J. W.){nign®rd, Bryce R, Guignard, AT. Gary Francis, Iletdre Ann Eiekstlledt or April L. Lively gp Longwood, Florida its true and lawfiul agtrrt (tr and almmcy (s}in•fac} to make, execute, oral and dtlivn Car and on its behalf as uuely, and as its act and deed any and all BONDS, UNDERtAKI GS, and RECWN12a1NCES, out exceeding in any imSic indancc slit R'IILLION (S 6,000,000.00) DO1,LARS, cxeluding, however, any bond(&) at Wertakingfsy gusto oiceing the payment of notes and inleratt Ihacon And the caacution of rush bonds oe undertakings in purr lance ofthne pro+enn, Ihilr be at binding upon said Companies, t, fully and amply, 10 All intents and purposes, aI if they had been duly execued and acknawredgcd by the Aeguletly elmLcd orncen ofthe Companit, at Oil adminislrallve -triers in Ilami Ilan, ()hie, in their own propel pttaona. lira Authority granted hereunder supersedes any previous authority hctelofoe goanlcd the above named allomcyttf•in•ficl. In WITNESS Wl JI: REOF, the undersigned ofGca of the caid lbs (y}iio Casually. imuraoce ('umpany And Well Arnaic An ImmARICC Company has hatttmto subscribed hit name and Alfmcd the Carpmato Se II of arch Company this 29tH day of January, 1999. w1eAL% -' SEAL+ f Aay tuu'l�.we-Y.. Sam Lawrence, Asaittint Seactary STATE OF OIEO. COUNTY OF nUR.F.R on this 29 Its day of Jam ary, 1999 before Iha Aulucribef, A Notary Public of the State of 016Q. in and for at County of [sutler, duly commitii oncd 4 n gual Mad, came Sam I.awrence, Asaistam Secretary of TI IF Of Ito CASUAL fY INSURANCE CONIIIANY and UTS f AME.RICAN R151 R ACF COMPANY. to me per,neal ly knuwn 1. 1. the individual and officer dater ibcd in, asp! who cxeculcd the preceding imtrwtxnt, and he &Ana ledged the cn"wion of file aanre, and being by me duly tw om drposcth and Iaith, that he it the officer of the Companies Arctic a id,. And that the rami alrrxcdto the preceding instrument arc the Corporals Seals of Laid Compania, and the said Corporate Seals and itis signstiuc as onlca sxce duly auiiacri and suh—ibed to rho said instrument by the authmoy and ditaction of the said Corporalirma- Rd 1ES I-IMONY AlWREOF, i have hncunle set my hand And affixed my Official Scat at the CRY of Ilsmillum State of Obio, the day and year Grit abora written. r�4 Noucy. Puhlic in and for County or [tuba. State or Ohio hf.y Commiuion expirat Sr etintribstr 25 1001. 'this power of Attorney iI granted under and by arobofity of Article VI. Sccl ion 7 of the 11y -Laws of Ilia Ohio Casually Insurance Company and Ail ielc VI, Section I or Watt American Laurance Company, cxlracu from which read: Article Vl, Scclion 7. AriPUlldlhll;NT OF AT7OHNI YS•fN-FAC f, I: f (`. "Mlle chsimun of flit board, the praidml, any viccgncridtnl, the Iecrctary a Any Atlisunl secretary of each of these Companies %hall be and It hereby veiled with full power and suthorily to apprdnt Altumcf,-in-fact for the purpose of signing ilia name of Uta Companies as solely la, and 10 execute,. attach the corporate seal, acknowledge and deliver any And All bonds, sec pilinect, rhpulalinos, undertaking, m other inshimnenu of aurclyship and politica of in,wAnca to be given in favm or any Individual, Grm, corporalion, w the official mprescnlalive lhemor. or to any county in ,tate, or any official hoard or boArdt of eaunly ar Atilt, of the United State, of America, or to any other political subdiviilun." Article VI, Section L APPOINT W.Nf OF RESIDENT OMC ERS. ••the C•haitmsn of the IlnArd, the Puliehni, any Vice Ple,idant, a Scaelary or any AI,iltant Secretary shall he and is hereby vcded with full power and authority to appoint attorneys in pact for the purpose of signing llrc name of the carporatimn a, aurcty o, guarantor, and to execute, attach the eorpotaic real, aci:nowlcdgo and denier any and all bands, mcogniyarreer., stipulations, vadcdAings m other imuumcnts 01-1=1140 of grufantce, and policies of insurance to be given in favor of an individual, firm, toly'arAtitm, a the affisiAl representative thncor, or to any county o ,tale, rat any official board oa boards of Any county of stair, or the United Statin of America, or to any other political subdivision" ilii, irutnmrcnt it signedand teased by fatfiTnile at mutisoriaed by the following Reviludm, adnfurd by rt,. r di -•e -t^:• vf-.h--!'_ r:.i.= (iJ.Nt..3 ivf.y 27. i37v-iha vow Coity insurance v'ompany; Adopted Aptit 24, 19I0-Wcsl American lrnsuranco Company): "IMSOLVED 1hA1 the signilure of any officer or she Company awhoriudl by the ray -Law, to appoint Anemeys in fact, the signature of the Secretary or any Astisunt Secretary certifying to the correctness or any copy of a power of miomcy and the seal of the Company may be &[fixed by facsimile In any power of attorney or copy thcrcor issued on behalrorthe Company. Such signatures and seal are hereby idopud by lbc Company as original signatures and seal, to be valid And binding upon Slee Company with the same force and effect am though manully anixtd." CER IINCA] E 1, ilia undersigned Assistant Secretary of Tbc Ohio CA sualty fnau rA nice Company and Weil Amcdean inmjaDre C'umps ny, do hereby certify that the foregoing power or attorney, the mfereneed ray -Laws of the Comps nice and the above Rcsolulion of Ihtir hoards or Di,ec[on ora true and coarct copies And Are in full force And elfcst on this date. [4[ WffNESS W1I EREGF, [ have hereunto eel my hand and the scat, of The Companies this _ day of ,yHA ytrtl �a.�i see B4300 tial Assistant Secrelafy E�] (UGCOOG10.PMT)TA f' CONSTRUCTION PERFORMANCE BOND j SECTION 00610 q a. e elice to coo!;.ac o ure w e o considered Plural_ ere a i ah e. CONTRACTOR (Name and Address): SURETY (Name and Principal place of Busines. OWNER (Name and Address): Indian River County, a Political Subdivision of the State of Florida AI1B40 25th Street 'Vero Beach, Florida 32960 CONSTRUCTION CONTRACT Date: Amount: Description (Name and Location): BOND Gate (Not earlier than Construction Contract Date): Amount: Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: (Corp. Seal) (Corp. Seal) 4 nnrin-i SURETY Company: Signature• Name and 'title: SURETY Company: Signature: Game and Title: (Corp. Sea (Corp. Sega C-1 S 1. The Cxmiraetdr and :he Sureev, rolrllty and severally, bind lhemielvcs, tneir nems. executors. a.dmmistralors, su ccssars aii.i .ssaigns W the aawncr for she pcnormancc Or the Construction Contract. ;which is ncarporated hereto by reference.. p 2. It the Contractor pcifolms the Construction Contract, the Surety and the Conrractor %hall have no obligation under this Bond, cxccpl 10 par- licipate in conferences as provided in Subparagraph 3.1. ). If there is no Owner Default, the Surcry't obligation under this Bond Mall arise after. 3.1. The Owner has notihcd the Contncror and the Surety at its address described to Paragraph 10 below, thal the Owner is eonsidcring declaring a Contractor Default -and has requested and attempted io arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of Such notice to discuss methods of performing the Construction Contract, 1f the Owner, the Conlnttar and the Surely agree, the Contractor shall be allowed a realoruble time to perform the Construction Con- tract, but Such in Agreement shits not waive 11112 Owner's right, if any, subsequently to dtclare a Contractor Default; and 3.2. The Owner has declared a Contractor Default and formalty ter. minated the Contractor's tight to complete the contracl. Such Contractor Default shall not bt declared earlier than twenty days Aker the Contractor and the Surety have received notice as pro. vided in Subparagraph 3.1; and 3.3. The Owner hits agreed to pay the Balance of the Contract pace 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 3. the Surely Shall promptly and It the Surety's expense iak- enc of she actions: following 4.1. Arrange for ilrc Contractor, with coastal of the Owner. to crform and complete the Construction Contract: or 4.2. Undertake to perform and complete the Construction Contract itself. through its agents or through independent eonlraciors; or a.3. Obtain bids or negotiated proposals from qualified contractors Acceptable to the Owner for a contract for periormance and com. pacticn of the Con%irucdon Contract, Arrange for a contract to be prepared for e.cccution 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 Consttucuan Contract, Ind pay to the Owner the amount of damages as described in Paragnph 6 in execs' Of the Balance of the Contract Price incurred byihe Owner resulting from the Contractor's dctault: or 4,4, Waive its right to perform and complete, arrange for completion, or obtain it new caniractorand with reasonable promptness undcr the circumstances: I. After investigation, determine the amount for which it may be liable faille Ownerand. as soon as practicable after the amount is determined, tender payment Ihertfor to the Owner; or :. Deny liability in whofc or in part and 1a;1 Lhc Owner citing rcasonstherefor. 3, if the Surety does not proceed as provided is Paragraph 4 will reason- able promptness, the Surcty shall be dermal to � t �cf. Kr .er, .ro %tort Hood .r, noir receipt at an additional written ao[ire from the Owner to the Surely demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce Any remedy available to the Owner. If the Surely proceeds as provided in Subparagraph 4.4, and the Owner refuses tht payment tendered or the -Surety has denied liability, in whoic or in pan, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. atter the Owner has lerflnnated the Cdntra"Or s rifh,t to eomple:: the r:%ruction Coneraet, and if the Surcty eta;ts Io 1, ac: sneer Su` _;sy.yc i. 4,2. or 11,3 shave, thin the reiponslbdtnes of the Surch, to the Owner shall not be greater than those of the C.sniractor under 111h, Contfry Contract, and the responsibilities of the Owncr to the Surcttanety alio{I not be WSW than those of the Owner under the construction Canaract Ta the limit Of the amount of this Bond„ but subject to commit t by lite O of the Balance of the Contract Price to mitigation of costs er aner d da wncan on th; Construction Contract, the Surety is obligated with dopa attar far. 6.1. The responsibilities of the Contractor for correction of dcfeetive wank and cornplerion of the Construction Contract; 6.'-. Additional legal, design professional and delay cost, resulltnr from the Consnctor's default, and (clotting from the acticns or failurc to act of the Surety under ParasraPh -t; and 6.3. Liquidated damages. or if no liquidated damages are specified in the Constriction Contract, actual damages Caused by del,syec performance or aon•performance of the Contactor. 1 7. The Surety shall not be liable to the Owner or others for obUjalions of the Contractor that arc unrelated to the Construction Contract. and the Balance or the Contract. Price shall not be reduced or set eff 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, e'tteulors, adminiteralors. or successors. S. The Surety hereby waives notice of any change, including changes at time, to the COnstnlction Contract or to related ,ubeonlmcts, purchase orders and other obligations. n. Any proceeding, legal or equitable, under this Band may be inslitutto in say coon of competent jurisdiction in the location in which the wort or part orthe work is located and shall be instituted within Iwo years after Contractor Default or within two years after the Contractor ceased work ing or within two ytan eftcr ll:e Surety refuses or fail% to perforn its obligations under thu Bond. whichever occurs first. If the provisions of WS Paragraph. Are void or prohibited by Law, the minimum period 01 lianitation available to suretits as a defense in the jurisdiction of the tui+ shall be applicable. Hl. Notice to the Surely, the Owner or the Contractor shall be mailed or delivered to the address shown ort the signature page. I I. When this Bond has been furnished to comply with I aratulory a: Other legal requiremcnt in the location where the construction was to br Pict -formed. any provision in this Bond conflicting with said statutory o legal requiremcnt shall be deemed deleted here(rom and provisians eon forming to such statutory or Other legal requirement shall be decmec incorporated herein, The intent is that this Bond shall be construed as I ataautory band and oat as a common Is bond. 12. Definitions. ILL Balance of the Contract Price: The total amount payable by ehr Owner to Llsc Contraclor under the Construction Contract alle. AU proper adjustmeal.s have been made, including allowance tc the Conuaetor Of Any amounts received or to be received la)the Owner in settlement of Insurance or other claims for dam agcs to which the Contractor is entitled, reduced by all v:lic and proper payments made to or on behalf of like Contracio under the Constraction Coates_.. 12.22. Construction Contract; The agreement between the Owner am the remrr -For r.+c .::.Fc,: uu tire , si nature page. a p a including at Contract Documents and changes thereto, 12.3, Contractor Dcfault: Failure of the Contractor, which has neithe been remedied nor waived, to perform or otherwise to compll with the terms of the Construction Contract. 12.4. Owner Default: Failure of the Owner, whieh has neither beer remedied nor waived, to pay the Contractor as required by ehr Construction Contract nr to perform and complete or compl} with the other terms thereof. (FOR INFORMATION ONLY --Mame, Address and Telephone) AGENT or BROILER: OWNER'S REPRESENTATIVE (Architect, Engincer or other party): 40 0 Construction payment Bond SECTION 00620 Any singular rererence to Contractor. Surety. Owner nr other porty %hall be considered plural where applicable. 1 VNTRACPOR (Name and Address): SURETY (Name and Principal Place or Business): 1 WNER (Name and Address): Tndian River County, a Political Subdivision of the State of Florida .840 25th Street Jero Beach, Florida 32960 CONSTRUCTION CONTRACT Bate: Amount: Description ('Name and %location):. OND Date (Not earlier than Construction Contract. Date): Amount. Modifications to this Bond Form: CONTRACTOR AS P9INCIPAL Company; Signature:...—.— Name and Title - CONTRACTOR AS PRINCIPAL Company: Signature: Natne and Title: SURETY (Corp. Seal) Company: 5iunantre Name and Title: (Corp. Seal) SURETY Company: Signature:� Name and Title: (Corp. Seat) (Corp. Seal) 'CDC No. 191%3,7813 (1984 Edition) P-Pued through the joint eft'orta of the Surety Association of America, Earincer9' Point Contratt tiocumenta Committee. The Associated -letal Contractors of Anerics. American lnatitute or Architects, Amcrican Subcontractors Alsoeiation, and the Alsociaicd Specialty ` Mratiora. 1 l O 1 1. Tile Contractor and the lurctr.icl^rrlr cad teveraily. hind therrateivcr. thei(hcirs, exec'ulor3, ddrnl not Ira to ra,,treCt r r a f i aad aiiignI la IhttTwmI:r to Pay roe labor. matensl, and rquramcett furnnhtd (or use In the perfar• mance of the Construction COMr7et, Which is IntOrpOnted htrtrn by l reference. 1. With fetpnet to the Owner, this obligation shah be null and void if the • Conlra410t: 7.1. Promptly maktt psymeal, directly grindlrectly. rot all wml due Ciairnami. and „'flefcndl, indemniAes and hallo harmlesl the Owner farm aficf4ral, demands, Items or lusts by any parson at entity who furnished labor. immotriait or cgtilpment for arc in the performance of the Conitruetfon Contract. provided the Owner hat promptly nolifled I the Contractor and the Surety gal the address described In Part. `graph I71 of any claims, demands. Ilens or lulls and tendered tdefenrt of such ctafmi. demands, Yens or sults to the Contractor and the Surely, and provided 11tere Is no Owrncr Default. 3. VAth respect to Clilmirt i. this obllrytion shall be null sod maid itthe C'onuutor promptly malac a paymrnr, dIt" dy air indirectly, for sit runts dut. t, The Surciy shall halve no abifgsllon to Clafmtanit under thin Dnnduntil: e.1. Cls menti who art smpeuyed by err have a dlrtcl contract with the Contractor have given notice to the Surety fill the sddress described in Parsg,-•aph 17) alert real a copy. or notice thereof, ro the CK"ar. stating that a claim it hung made under this Band and, with rubitanlied ateuraty. Ute amount of the cialm. R.L Calnunla who do not have a dlrter cantracs with the Contractor; 1. Mare &(Wshtd maiden notice to the Contractor and line a copy, or notice [fierce{, to Thr Owner, within A days thtr havingisrt perfarmtdGbararlailr(arnithedmeuriaJaarsquip ment Included in the claim stetLag, with subiunlial accuracy. the amount at the claim arvd the Hunt of the perry to whom the materiels were (larrUshed Of supplied or for -barn the labor urai done or' performed; and 2. Have either received a relectlan In what( ae to plot (cam the Cos :actor, or not received within JU day, of Nivitihing the above notice snycommunlcatfoa from the ConTtsclor by which the Contractor hie Indiuttd the cl.a;n will be paid di"etty of Indlrtcily; and 3. fiat having bite plid wirhla the sbcve 10 deyt, hilus fent a valtttanotice to the Surety (at the Wrest dticribcd In Part. graph 12) and rent a ropy, ar nakt thereof, to the Owner, sea ting tha t a eWin k Wong Ona de a rad e r I his Bond and t roc to r In g a copy of the previous wrislcn notice rvmished to the Con• U -color. If a notice required by Paretraph 4 I, given by the Owner to the Contractor or to the Surtly, that la %rdlicient campiisnce. 6, When Use Clalrnant hes istlsAed he eondlilane of pusgaaph 1, the uftty shall promptly and at. the Surety's cxpenle. uke the (allowing cdona: 6.1. Send an ■nswcr to the Clxlnunl. with a copy to the Owner, within 43 days after receipt of She claim, stating the amounts lhat are undlspuled and the beer% far ehalttneing any ,rrlOuntl thatare dlaputed. 6,7. Ply or:ranee for payment of any undisputed unountt. 7, The Surety', total obnaadan shall net exceed the amount of this Bond. and the antount of this Bond that% be credltcd For any pgymenta made in Tod filth by the Surety. Amounra owed by the O wiser to the Contractor tinder the Construction —ontrict shall be used rot the perforrnanct o(tht nol'a Y ra t77 l'a r7 and 'to tartafy claim,. if any, unit, tri. Cinnrvclion penorm,nce band, By the Canlfatiar furnuhine and the Owner scteolmg Ihil Band, Ihey atria that all funds earecd by the Cuneractor in tht otanm:inct of the Comituctfon CortTract arc deell"ted to nasty abhlatierl of the Can, tractor and the Surely under this Bond. luhJcct la Ihg 0r"4, i pncrt•f- to urt the funds for the compfolon of The waek. 9. The Strratp ,hall not be liable to the Owner. CIMMIrts or othrry for obligations of the Contractor that are unrtlated to the Cunl.truclien Con, tract. The Owner thitl nut be noble (or as Mmtnt of any carts or etpt alit of any C13imsnl under this Bond, and 111311 have under lhtl Bond nu obligations to male payments Ia. give eliccl an tthalf of. Or alhcmIlc have obi euluni to Clalmanes under title Batnd. 10. The surety htleby'-ji'tt natict of any, chance. Including chanitt of Ilmg, la the CantiructlOn Camrsel of la rtlaltd 511tconint1%.. purchase orders and other ob1ifal{ant, II, No suit or action ItuJI be Commenced by a Clrlmint under this Band other than in acourl of eompetrntluri%diclfan in ihtloestion in Which the work or fart at the work Is lacattd at oiler the etpirltian of ane year from the date: Ill on which the Clainum gave the notice rtquired by Subparagraph 4.1 or Clause J„t, iiiil. or O:l on -hich she Jul Itbar or aeevice .las perforated by aayane ortht lilt r u4cristl of equipment we,e furtdthtd by anyone under the ConurwI fan Cantracl. hichtver of til 0+'016rrt occurs. ff IAe Pfovilfansaf this. Paragraph rim voidat Pfahlbited by law, the minimumperiod ollimtarkan available to Iufmlici as a defenic In the Jurltdfction of the suit shall be tppiksble. 17. llaelee la the Surcry, Iht Owrtte orihe Contractor shall be mailed ar delivered to the eddttsr ibown an the Ifgnnure pale. Actual ftceipl Of ornikc by surely, the Owner Of the Canuactar, ho.t•er iccumplfahtd. sheitbe rafAcfens eomplismec as oftht date rctelved it the lddnss shown onthe signature page. 1S. When Ohre Band has been furnished to comply .ilh a tlalutory or other legal f%quirtment in Iht locsdoet while the canlrnactloe was to be perforrntd, any provisian In This Bond tunfliceine with ta;d limutory or legal ctquirtmene shall be deemed dtietrd ,'.:rzfiu,av and Pmviaionl can. refining to luck statutory or other legal requirtmtnf sAaJI be deemed incorporated herein. The intent It. that Thi, frond aitch tie conatftiedlaa a ,ratwory bend end not it a common Low bond; It. Upon rgqucit by amy person or entily apptaring to be a patent:(' beneilcisry of this Bond, the Conitaelor Ifuil promptly furnish a topyLd, Ohio Bowl of shM permit a copy to be made. ' 13. DEFINMOiJS 13.1. ClAmiat: An individual at ceidly having a direct contract wish Vic Cantrscior or with a tubconlractor of tk Contrsctur Ia furnish labor, maleri ll of tquipmentfor use In (he performance OfthaContract.ThcintcratofthieBvndtoallFieto InCtudewithaut liatiution is the terms "labor. alaacrials or equipment” that put ' of"IRr, gal. Pawcr, light, heal. oil, latoiint. kluhone itt'vice ar (ental tquipmcnl used In the ConllructidnConlracl, aichilec= turaJ trod tregintelb.ol lerhiccs rcqufred for perl'arminee of the workkof the Coniracter and the Coniractar's lubcontnctory, and iJl other items for which a mtchaniel lien may be asserted In the Jurisdiction where the labor, matcritll or equipment were furnished. 11.1, Cont(ruetion Cow"cl: The agreement bctwatn the Ownet and ' Vtc Contractor idenuAeb an the signuurt Pitt. Incivding an CommitDocuments and charier lhefelo. 13.1. Owner t)efsuh: Faituet of the Owner, which has neither been rtm6died nor waived, to pay the Canitactor u requited by the COnstnrct[an Contrasl or to nerrnm....n wim she ether lean, tit est af. 7J t_C.1 f`J 'T) (T) SV (ST (FOR INFORMATION ONLY --Name, Address and. Telephone) I AGENT or 13R()KER:' OWNER'S REPRESENTATIVE (Architect. Engineer or other parly): ATIMECOPY CERTIFf CATJON ON LAST PAGE J.K. MATON, CLEM • • This document has important legal consequences: consukation with in attorney is encouraged with respect to its combtedon or modification. STANDARD GriNERAL CONDMONS OF THE C41ViS1"RUCTx4N CONTRACT Prepared by Engineers Joint Contract Documents Committee and Issued and Poblished Jointly By SOC%Tt Of 1- ' W. V M MONK* PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division ot`the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL I AMERICAN SOCIETY OF CIVIL ENGIN>ERS is CONSTRUCTION SpgCLFICATIONS INSTITUTE This document has been approved and endorsed by The Associated Gen" iy Contractors of America These Cmeral Conditions have been prepared for use with the Owner -Contractor Agreements (No. I910 -A-1 ar 1910-9-A-2) (i99tf Editions). Their provisions are interrelated and a change in one may necessitate a changc in the others. Comments concerning their usage are contained in the Cornmentary on Agreements for F -ng veering Services and Contract Doctunents t No. 1910-91(1996 Cditionl. For guidance in the preparation of Supplemel" y Conditions. see Guide t:+ the Preparation of Supplementary Conditions (hio. 1910-17) (19W Edition). When bidding is invotvcd.•the Standard Form of instructions to Bidders (No. L910-121(1990 Edition) array be used- 40 G • t TABLE OF CONTENTS OF GENERAL CONDCS7ONS Mick or Parofroph Number & Title 1. DE,FINITIONS............................ I...... LIAddenda ............................. I.i Ageemcni ....................... 1.3 Application for Payment ............... 1.4 Asbestos ............................. 1 5 Bid ...... ............................. 1.6 Bidding Documents ................... 1.7 Bidding Requirements ................ 1.8 Bonds ............................. 1.9 Change Order ........................ 1.10 Contract Documents .................. 1.11 Contract Prier ........................ 1.12 Cantr=Times ....................... 1.13 CONTRACTOR ...................... 1.14 defective ............................. LisDrawings ............................. 1.16 1:9ective Due of the Amcnt ....... 1.17 ENGINEER .......................... L18 ENGINEER-$ Comutunt ............. 1.19 Field Order ............................ 1.26 GencM Requirements ................ 1,21 Hx=jdous Waste ........... I......... L= Laws and Regtdations: Laws of Notice of DaLrinY Subs -f- or Regulations ........................ 1.23 Lieu ................................. 1.24 Milestone .......................... 1.25 Nobe of Award ...................... 1.26 Notice to Plotted .................... 1.67 OWNER ..........................•.. 1.28 Partial Utilization ..................... 1.29 PCBs ................................. 1.30 Petroleum ............................ 1.31 Project ............................... 1.32 Radkmetive MLItrial .................. 1.33 Resident Projecs Rcpresentuivt:....... 1.35 Shop Drawinp ....................... 1.36 Spectfictirsons ......................... 1.37 Subcontrartnr ........................ 138 SubsunLW Completion ............... 1.39 Supplemcrttzry Conditions ............ 1.40 Strppiier .............................. 1.41 Undeq;rvanl Facilities ................ 1.42 Unit Pr;= Work ...................... 1.43 Work ................................. 1.44 wofk C7tange Directive ............... 1.45 Written Amendment .................. 2. PREUMiNA.RY MATTERS ...................... 2.1 Delivery of Bonds .................... 2.2 Copies of Documents ................. 2-3 Comnumccment of Contract Times: Nexirc to Proceed .................. 2.4 Starting the Work ..................... Amide or ParoxraPh Number & Tale 2.5.2.7 Before Stoning Construction: Ljoensed Sureties and insurers: CONT'RACTOR's Responsibility to Cerd6e tes of Irusuranee ............ Repots: Pircliminxry Sdiedules: CONTR .C1t:3R`s Llaht3ity Insurance Delivery 0r Cmifieates of O%VNER`s Liability lasurulec ........ Insurance .......................... 2.5 Preconsuurtion Conrercoce ........... 2,9 Initially Acupuble Schedules ......... 3. CONTRA) --T DOCUMENTS. INTENT. AMENDING. REUSE ............................ 3.1.3.2 Intent ................................ 33 Rcforermc to Standards and other Special lnsunnc................ 5pedfia tions of Technical Societucs: Waiver of Rights ...................... Reporting anti Resolving 3.4 Disori. .......4.... ..,... Intmt or Ceratin Tcmus er Adjectives .. 3,5 Arnmding Contract Document ....... 3.6 Supplementing Contract Documents ... j.7 Reuse of Documents ................... 4. AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CON DMONS:REFER ENCE POI NTS . 4.1 AvailabditY of LtutdS .................. 4.2 Subsurface and Physical Conditions ... 4.2.1 Reposu " Drawings ................ 4 2 2 limited Reliance by CONTRACTOR Authorized: Technic:+] Dau ..4...... 4.23 Notice of DaLrinY Subs -f- or Physical Conditions ................. 4.2.4 ENGINEER's Review ............... 4.25 Possible Conu-xct Documents Change . 4.2.6 Possible Price utd Tunes AdjusWicnts . 4.3 Physical Condivans-Underground Facilities ..........4 ................ 44.1 Shown or Indicted ................... 4.3.2 Not Shown or Indicated .............. 4.4 Reference Points ...................... 4.5 Asbestos, PCBs. Petroleum. Havrdo us riiyw Vl �y,11V.LL.NTC RO iA.C�W •••.•• 5. BONDS AND INSURANCE ..................... 5.1-5.2 PCrfonrra =. Payment am other Bouids . 5,3 Ljoensed Sureties and insurers: Cerd6e tes of Irusuranee ............ 5.4 CONTR .C1t:3R`s Llaht3ity Insurance 5.$ O%VNER`s Liability lasurulec ........ 5.6 t,-1 Property Insurance ................... Boiler and Mu#tinery or Additional Property IttsurVICC ....... •....... 5.8 Notice or CanodlitiOn pnritsions .. S.9 cONTRAt+ii n RetposesWity far Deduedble Amounts ................ 5.10 other Special lnsunnc................ 5.11 Waiver of Rights ...................... 00100-2 Article or PrvagroPh Number & ruff licstion of lruurartce 5.12.5.13 Receipt and App proce-ods ............ ......1111... S,1 s Areeptance of Bands and Insurance: Option to Replace . •........'• •..... 5.13 par al Utilisation --property Insurance .......1111111111--- 6. 111............... 6. CONiIt MOR'S RES PON SIDIL.1TIFS .......... 6.1.6.2 Supervision and SuperintcMc= ...... 6.3.6.5 LAW. Materials and Ertuipment ...... 6.6 Provtu Srltedulc .............. Substitutes and "Or•Eau41" items: 6.7 CONTP ACf'OR's Expcnse,. Limitations on OWNER's .... Subsunrtt Construction Rcsporrsibilities Asbestos. PCEts, Petroleum. Htzwdous Methods or Procedures: Vhne or Radioactive Material ...... ENGINEER's Evaluation ;......... &".11 Conar ting Suboongactars. Suppliers CONSTRUCTION attd Other a, Wasver of Rights ....... 6X! Patent Fees and Royalties .....t•...... 6.13 Permits ......................... 6.1.4 Taws and'ReFutatiuns ................ 6.15 Taxes ...................... 6.16 Use of premises ...................... 6.17 Site Clcuilintss ................1111.. 6.18 Safe SttucturajI,4admg ............... 6.19 Record Documents ................... 6.20 Safety and Protection ................. 6.21 Safely R�trescntative ................. 6.212 Hazard Comrnunicwdon Prcpswms 1111. 6.23 6.2.4 Ennergerwots .......................... Shop Drawings acrd Samples .......... 6.".5 Subminal Procedures: CONTRACfOR's Review Prior to Shop Dmwimg or Simple Submittal . 6.26 Shop thawing & Sarmpte Submittals Review by ENGINEER ........... 6-27 Rc$V,,=- ility for Variation From Comsat poctunWts ................ 6aS Related Wotk Performed Prior to ENG INFIER% Review and Approval 6.29 Continuing the Work ............ 6.30 CON'1 LACIDR's 1 wway and Guar -art ............. 6.31x6.33 Indemnifi=don .....................1, 6.34 Survival of Obligations ................ 7. OT'IiER WORK .................................. 7.1.7.3 Related Wort at Site .................. 7.4 Coordination 8. OWNER'S RE'SPONSI'BILITIES ................. 8.1 Communications to Contractor ........ 8.2 Replacement of ENGINEER .......... 93 Furnish Dara and Pay P""I'dy When 8.4 Due ................................ Lands std Easements: Reports and Tests.... I - ....................... 8,5 Insurance ........ ................. I Arrisrr Or f4r4?Wh Number & ruff 8.6 Change Orders ....................... 8.7 Inspeeuons. Tests and ApProvals ...... 8.8 Stop or Suspend Work. Terminate Work Not Kcquirtd by Contact CONTP-$ZmR's Sereiccs ......... 8.9 Limitations on OWNER's .... 8.10 Rcsporrsibilities Asbestos. PCEts, Petroleum. Htzwdous Notihcadon of Surety 1111 ............. Vhne or Radioactive Material ...... 8.11 Evidenx of FinxndaJ Arrtngtmenu .. 9. ENoINEER'SSTATUS1)LIRING CONSTRUCTION ............................... 9.1 OWNER's Rcpresentmive ............ 9.1 Visits to Site .......................... 9-% prokts Reptcsr ntative ................ 9,4 Csar� anx1 Interpretations ...... 9-5 Autluori-d Variatkws in Work ........ 9.4 Rj,,dng Ddcclive Work ............. 9,7-9.9 Strop Drawings, Chinet Orders and ...I.......... 9.10 Payments ......... dn'dons for Unit Prices ........ 9.t 1.9.12 Deasions on pisputcs: ENGINEER as 12.4 ltitial Interpreter ........... 9.13 Ginxisuions on ENG INEER's Authority and Responsibilities ...... 10. CHANGES IN TliE WORT: ..................... 10.1 OWNER Ordcrcd Change ............ 10.2 Ciairn for Adjustment ................. 101 Work Not Kcquirtd by Contact 13.2 D-xurnents ......................... 10.4 Change Orders 10.5 Notihcadon of Surety 1111 ............. 1 L CIiANGE OF CONT� PRICE .............. 11.1.11.3 Contract Pricc,. C115ro for Adjustmtnt: Value of the Work .................. 11,4 Cost of the Work ..................... 11.5 Exclusions to frost of the Watk ....... 11.6 CONj?,*jC'0R's Fee ................ 113 Cost Reeotds ......................... 1 t.Ii (j= Allowanex3 ..................... 11.9 Unit price Work ...................... 12. CHANOF. OF CONTRACT TIMES .............. 1:.1 Claim for Adjustment ................1 12.2 12.3 Time of the Essence................ Delays Beyond CON RACI'OR's Contm4 ....... 12.4 Delays Beyond OWNER'S and CON TpR's Control .......... 13, CORRECTION - REMOVAL OR ACCs FrANCE OF DEFECTIVE WORK . .................. I......... 13.1 Notice of Defects ...........•......... 13.2 Accrzs to the Work .............'..1111 Contractors 13.+ Tests and Inspections: cooperation ............... 00700.3 AHkIC Cr PIragwh N,.Mb,r & 77(te OWNER's RCSIPOns'U'de" 13.4 Indepa,dClU TcWnf LAbOCUOrY .... 141 CONTRACTOfVs Resporuibilitki ..... 13.5 13k.13.7 CO-ftWoe4 PrW'o ""Peio++� cIMdvt whRcrnc� ................. Professions) Ftm uid COVA COSU Testing or ApPmval ................ 13.9-13.9 Uw__ft W -k a, ENGINEER'S ....... 14.10 RequM ......... , ......... OWNER Mly Stop the work ......... 13.10 P "dvc crnovalo(Defft 13.11 C'nnectionoc wwk.................... .......... 13.12 correCOOft Pejiod ..................... Acc*t"Ic Of Ddccdyc wort 13.13 13.14 OWNER M&Y COfma Ddeclive V&rk ............................... To Cpl IT—ACMR AND 14. PAyMeM COMPI-MON ............. *,*,*** ...... 14.1 Sd)eduk of Viduca .................. 141 AppikuiOn for Prop= pay"-' ..... ws Warranty or Tide 14.3 14.4-14.7 CONTRACT Review Q(APPIkuka% (Oc cIMdvt whRcrnc� ................. Professions) Ftm uid COVA COSU Propw Payn-ra ...... 14.&14.9 Subst=EW completion.............. 14.10 pIltill Udljwion .................. * " 14.11 sant) Itse-ion ...................... I k- L- Anile or AwarVII Number 4 Tlik 141.12 Final Application for Payment ......... 14.13-14-14 RW P&r'"' and ACCCV%Ln= ........ 14.15 WAIV"Qfcwms ..................... 15. SUSpEt4s10N OF WORK AND TE.RMINATION .................... 15.1 OWNER May Sum -,A Work ......... 15,2.15.4 OVrNERMay TtnT,i'ateLl""*"""*' 15 5 CONTRACTOR May S W P Work Of To-minatc .......................... 16. I)ISpLrM RE5o1 _M0N .............. — ... - 17. MISCELL"EOUS ................... * -••", ' 17.1 Giving Notice ............... — .... - 17.2 Cocagutuion of -rurAs ............. 17.3 Notice of Claim ................. 17.4 cIMdvt whRcrnc� ................. Professions) Ftm uid COVA COSU 17.5 Included ........................... MIBTr Gc-A (opdocall,-At Ml,utz p, ,WutionAgrccment(GPkiOn'lI ..... GC Arbituw_km ......... 16.7 Mediation ......... ......... GC -AI 00700-4 INDEX TO GENERAL. CONDITIONS Ari�cfe or F4nracrepfr Number Acceptance of - Bands ani! Insurance.................. ........ SJ4 defective Work ....................... 10.4.1, 13.13. 13.15 Wpayment ................................. 9.1! 14.15 innstartce ............................. 5.13 other Work, by CONTRACTOR ....................... Substitutes and "Or -Equal" 11CM .................. 6.x.1 Work by OWNER........................2z.6.30. 6.%4 Access to MC -- lands. OWNER and CONTRACTOR rssponsmblbtics.....................................4.1 Lite. rcWod Wark: Worn . ....................... ........... 13.113.14. 14.9 Acts or Omiukxn . Aas and OmiWon s -r CONiRA=R ............................6.9.1.9.13.+ L14GINEER ................................ 6-20.9.13.3 OWNER....................................... 6 ?0.8.9 Addendap chnition of 4also see definition of Specificationsl ........... (1.6. 1.10.6.19) 1.1 Additional Property Insurances ......................... 5.7 Adjustments Contr= Price or Contract Times ......... 1.5.3.5.4.1.4.3.2.4.5.2.4.5.3.9.4. 9.5. 10.240.4.11. 12. 14.8. 15.1 prop=s schedule .................................... 6.6 Adeefini"1t mof..........................................I All risk lnsuranc,c. policy form ........................ 5.6' Allowantcs. Cash ............ ......................... 11.8 Ameridin Contract Documents ......................... 3.5 AlnCn IMV1t. Written - in gerteW .... 1.10. 1.45. 3.5. SAO. 5.12. CU.. CU. 6.19. 10.1. 10.4. 11_2. 12.1. 13.1'_.: 14.7.' Appeal. OWNER or CONTRACTOR intent to................... 9.10.9.11. 10.4. 16.2.16-5 Appiimdon for Payment- d4nitiouof ......................................... 1.3 .¢,.*;,""--,'N= a R-wn iouity ........I ................. .9 final payment .................. 9.13.4.9.13..5. 14.12.14.15 bt general ....................... 2.8.29.5.6.4.9.10. t5.5 progress paymdtt .............................. 14.1, 14.7 review of ...................................... 14.4.14.7 Arbitration (Optional) ............................. 16.1-16.6 Asb=os,- daiins pursuant thereto ...................... 4..5.2.43.3 CONTRACTOR wthatized to stop Wart............ 4.53 de5aition of .......................................... 1.4 OWNER responsMlity for .................... 4.5.1.8.10 passtbic price and dines change ..................... 4,5 Authorized Variations in Work ........... 3.6.635.6.:'7.9.5 Availability of l %nds ............................... 4.1.8.4 Awad. Notice of--drAncd ........................... IM Before Starting Coruitmcdon ........................ 2.5-2.8 Bid --definition of ...................................... 1-5 (1.1. 1.10. 2-3. 3.3. 4.2.6.4. 6.13. 11.4.3. 11.9.1) 1 rtriicfe or Paragraph Number piddinp Documents-ddnition or ................ 1-60-8.2) Bidding Requirements --definitions of ...... 1.7 [1.1.4.2.6.21 Bonds- acceptancc of ....................................... 5.14 additional bonds ........................... 103. 11,43.9 Cast of the Wort .................................. 11.5.4 dehnioon of .......................................... 1.8 dtltvcry or .................................. .. ..1.5.1 final npOication for psyrnent ................. 14,12.14.14 general ............... 1.to. 5.1-5.3. 5.13. 9.13.10.5. 14.7.6 perfanwce. Payment and Other ................. 3.1-5.2 Bonds and Insuramt-4n. Ftneral ......................... 5 Builder's risk "all risk" policy form ...................5.b? CutmIlatiooprovisiom.Insurance ........ 5.4,11..5.8.5.15 CashAlkswarsces ...................................... 11.8 Cenihcate or Substantial Completion ......... 1.38.6.38.2.3. 14.8. 14.10 Ccrtlfxates of inspection ................ 9.13.4. 133. 14.12 Cenincarcs of Insurance .. 2.7. 5.3. 5.4-11. 5.4.13. 5.6.5. 5.8, ....................................... 5.14.9"13.4. 14,1; Change in Contract Prstt- Cash Allowances .. 11.8 claim for prize adjusuntnt 4.1. 4.2.6.45 5.15. 6.8.2. 9.4. 9-5. 9.11. 10.2, 10.5 11.2. 13.9, 13.14. 13.1. 15.5 CONTRACTOR`s ret ............................... 11.6 Cost of the Wotk general ...................................... 11.4-11.7 Exclusions to ....................................... 11.5 CastRecords ....................................... 11.7 in general .............. 1.19. 1.44.9.s1. 10.4.2. 10.4.3. It Lump Sunt Pricing ................................ 1 L3.? Notificuion of Surety, ............................... 10..5 Scope or ....................................... 10.3-10.4 Testing and inspection, uncovering the Work ........ 13.9 Unit Price Wak.................................... 11.9 value or Work ...................................... 11.3 Mange in Contract Timocs- Ctaim for times adjusunertt .... 4.1.4.2.6.43. 5.15. 6.8.1. 9.4. 9-5. 9.11. 10.2. 103. 12.1. 13.9. 13.13. 13.14. 14.7. 15,1, 15.5 Contractual time lindts .............................. M2 Detays beyond CONTRACTOR's cantrot........... 12.3 Delays beyond OWNER's and CONTRAC OR's con- tra1............................................ ... 12.4 Notift=ion of sumty ............................. ..103 Scope of change ................I............•. 10.3.10.4 Change Orders-- Acccptancc of Defective Work. ...........•......... 13.1] macndingConu=Documents ...................••33 Cash Allowan= . 11.8 Change of Conus t Price ............................. II Change of Contract Times ............................ 6 Changes in the Wark ...................... 10 CONTRACTOR'sfcc ..............................: 11.6 Cost of the Work ............ 11.4.11.7 00704-5 qw Article Of PCfd1JrDPh Number Co,E 1 J.7 Rvccrds .................... * ................... ....... I t.9 ddWtim Q� ........... ........ 6.23 C Crnezzenc; . ..........10.4. 1 U 12-1 ENGINEER'S TMPO"""ty ....................... 10.4 Cx*=tion of ......... 12.. 6,16, 631.633 OWNER MY tCttn'n2'C OWNEW, ReSpo(isibility ....................... 1.6� 10.4 phy';=d C'O"doms- ............ 4.2 S v,,bvufa= -ld- ,4444 . . 4.3.2 -p 172 Und-Ad cilitic-S ........................... .. m .... 6.19 P."Qrd Domuncrtts ....................••• m.. t0.340.4 Soope Of Ch-te ................... .... 6.7.3. 6.91 Substiti= .- ...... M.....M.m ...... 11.9 vial, jCprjm ...... -m-m-m-m- .3 vaOk, f wo& covered by ................... m ...... I k10 .. clans= in the VANk ............ 10.5 Notificw;w of ....... bili 10.4 OWNEW., am CONTRACTOWS r"po . .... 10-7 Rj& to in xdjuv-m-1 .................•••-4444 .. scope of dunze ........... CiAinfl- av,inst CONTFJJMrL)R .... .................6.0 6 aZzina ENGINEER ......................• ...... 6-32 aggag OWNER ................ .... 6.32 9.4. 11.2 Cwm of caav= Price - m ..................... 9.4.12.1 CK&OF of Contract Tit . ..................... CONTRAMOR-s 4. 7.1. 9.4, 9.5. 11-2- 1-9 17 1. 15-5. 117 L-0NTRA=R'z Fer . .......... -- .......... CONTR,ACTOR's liability ............ 5.4. 6.12.6.16, 6.31 (Au of the Work .............................. 11.4. It 12 D=wow on mp-CS ......................... 9.11. 9. 161 Dispute ResoLuLkm ..................... m- - Di2pute Rcwwtion Avro-x= ...... m ........... ENGINMM &s initial in-t-preter .................. .................. 11.3-2 Ls=w Sum Mein ............. 11.3 NotimOf ................................ ......... OWNER's ...........9.4.9.5.961 10-2- 11-7- 119. 11.1. 17-3 .5.5 OWNEWS, IlabilitY .................. 4.7 OWNER MaY refuse LO Mzka P%Yff=K ......... -'m 1 We=,O,W FatesKW Court Com induded .....4444. 17.5 forr fanTw decisigm an ................. m..... 9.11 6.7mi.2 Subsdu= iw= ......................... 12-1 rTuimme �nts ........m--.,....Immm..mm...9.1111193 urgtrice ...........m.......... 1 Valueof ....... m of-Dri ....................... mm.m.� wficrftr rind P&YTFX= . m m ............. 14.14. 14.15 VAxk Chwp Di-=! . ............ ......... L 0.2 wTitten notkt mqtthvd ........... M..."L.9.11, I U 12.1 �s and lnrcrpretatiotts ............. 1.6-3-9.4.9.11 Ckan Site - - m Cedes OfTcd_.k._..l .S..o.cSociety....O.-i-.on .o.r.... m ............. . 3.3.3 Assocbu�- - - - m ........................... Coffmx�4cmemcfCAmu=j"Lmes 2-3 Communi"Ek- Anide or Parar-ph Number ............ 6.2. 6.9-2. 6.1 HSZLrd Communicadion Pme-nis ................... woocion- . FuW AppticviOn for NY -t ..................... 1441. F,w j,"pCetion......... ........................ Final m paym_W A_pco,�t ............... 14.1344.1A pwtwUtIliEgtion .................................. Iclo Su dal Completion ................... 138. 14.8,14.9 Waiver C1Cw . ................... C,O,np,t,ji*ft O(Tjnw$ .................. Concerning SubcontraCtOrs. 4444.. 6.8-6.11 supokxt am CKhC-T% ...................... Co"f--- -9 WtiaLly -table cCfiodulc% ........................ 12 ........................... 2.8 Ix-onsullcoc'm .... --, Corjg= error. Ambipity. DLVXqwCY- :.2-5.3.3.2 CONTp,ACMR to Repoc' ............. ***-,* . bfm jurft by LONrRA=R .... 2.5-17 CoRmucli- 6.4 CzasuUction Machincry. Equ*-V- = ............ - Continuing the WOvk - - 4 ............................... 6.29,10.4 CIftU'Aa Docurnen%- 3.5 ArnaKling ................. -11- ............. 5.1 Bonds..................... 11-- .......... Alk,,ances ................................... Clans of Cow= Pri . ................... * ...... Change of COnmct T176 . .............. Ch2rt�= in the Walk ...... :--:: ................ 10.5 dieck OM verify .......... .. ...... (:I2jifkatjc4u aM lnterm,=60rls ...... 3.2,3.6.9.4.9.11 definition of ........................................ L.10 ENGINEER ALS initial i at-PrEW of ................ � 9.11 ENG I jq EEp. As OWN EW 9 rcVrc=t2Jive ............ 9-1 9--w ....................................4444...., ..... ....... 3 tnvJrJ'= ................................ 5.3 Intent..................................... vsrwion, in tt�c wo(k ......................... 3.6 mirw furnish d= .............. 9.3 OWNEWS mpo-iwlty 10 OWNMVA revanulAry to mow pW.cocefor(�cidnDceotcoLuSnteLnntds ar."...A.M ...S.P.*.,*."...'.....ti.*.m.. ...8...3......1.4..4. ,.1.4. .71 3 p,p2ynlmE .....3.1.3-3.3 -......... ..r�*** ....... 6,1�9 cctu,icziSod....................... Relaid Work .... ..... 2 Reporting mw w� ReWviol Dics ....ReportingReporting-3 Reof ......................... * ....... - ......... 3.7 4444...... ... .. - ...3-6 Suipo-p-tilig ............... .. 8.2 Tdrwi cmon of CNGINEEW, r -=0`Y --r" - - - -- "' • .............. 11.9 Unit Price work ............... 3.6-6.23.6.21 vwim-(k . .................. ...... 91 Vi,jt. S , to She_ ENGINEER'S 114 EFR ... Contrul Pncc- 3.5. 4.1. 9.4. 10 3. 111.113 adjuva=1 Of ..,........4 444 .... C11=F of ......................... .... rj0CW on an Diwutes ........... * ..*..... drfinit n of .......................•••••'• controxx Tim- 3.5 4.1.9.4.10-1- 12 adjustment Of .................................. 12-1-12.4 Chmgc Of .......................... 007()0-6 do 0 Article or Paragraph Number Commencement of ...................................121' definition of ............ C()NTP-AMR5.15 - Acceptance of Litsumcc .............. L11nited Rejiw= On Technkad Data okuthulizcd Communk 26001 .............. * .... * ........... 10.4 coaditue Work ................................ COCIF,diralion and scheduling ..................... 6.9�2 definition Of ............................ * ........... May Stop Work 01"rCrr"kinate ....................... provide site xerzss 10 Olhcr S ........... I ........ 7.1 Safety and pmrcexi . .......•1.3.1.2.6.16.6.18, 6.29-6.23. 7.2. 13-: Shop Drawing and Simple Review Prior to Submitta) 4 6.1' Stop Work mquimmenu ....................... I ... 4.5.2 CONTRAM.11's- 11.1 15 Compergsal3on ...........4 .............. '15 Continuing Obligation .............................. 14 Defcclive Work . ......................... 9,6. 13.10-13-14 Dury to correct defective WOfi . ..................... 13.11 Duty to FtePOn- Changes in the Work c2ustd, by ...... 6. 13 Em-F-CY ....................... 7. We= in VMrk of Others ......................... Differing conditions .......................... - 1 4.11 crepanry in Docurritnt, ....... 4 ... 2-5, 3 3.2. 6,14 �2 D4 Undequound Fa4fides not indicated ........... ... .. 6 .23. 43-2 . EqWpajent and Machinery Rental. Cost t 1.433 of the Werk ......................... 11.45.6. 11.5.1. 11.6 C,,Mcl2j Vhrranry and Gu-v-Antce .......... ...... 16.30 H*nrd Communication PfOF'ams ......... 4 ........ 622. 6.l? 6.16.6.31-623 Inspecdon or the Work ......................... 73. B.A. Labor. Materials and F-q`iPr"r[ .... - % ............ 6.3-6.5 Laws and Regulzlio-. Compliance by ............. 6.14.1 13abi6ty Insurance .................... 4 .............. 5.4 Nod= Of Intent to Appeal ..................... 9'10' 10.4 ,bUgalion to perforin and complete the Work ....... F,a.�ja n," atid Via, L". µw "vi L'i ............... G.._ perf6ririzrice and OtherBonds ....................... 5.1 Permits. obtained and paid for by ................ ...,.6.13 Provcu Schedule ..... 2,6.2.9. 2. 9.6 6 6,2n. 10.4. 15.2. L Request for formal decision on disputes........ 9.11 R&sponsibilities- Ch2K4C$ in the Work ..........................10.1 Coen xcitinSubcontraaors. Suppliers and Othrgrs.6.9- 6.11 Work ............... 4 ....... 6.29.10.4 Continuing die CONTRACMR's expense ..... ........... 6.7.1 CONTRACMR'r, Gcn" Warranty and Guamn. tee ................•............... 4 ...... ........ 630 CONTR,4L-TOR's ru"jewpior go Shop Drawingar Sam - pie subinhial ..................................... 6.9.2 Coordination of Werk.............................. 6 �?l ExncgYcnc:ies ......... ........................... ENGINEER', evaluation. Substitutes .3 or "Or-FAuAl" Items ...r ............. 6-1 Article or Paragraph Number For Acts and Omissions of 001M, 6.9.1-6.9.2. 9.13 for dcd uctible amounts. insurance ... __ ... _ ..... 5.9 6. 7.2. 7.3. $.9 fen. .................... * H,nrdoos Communk:atiall PrOlEgarris ........ 6 31 6.35 Indemnification ........... ** ..... ........... labor. Materials and Equipment ............... 6.3-6-5 Laws and Regulations................. * ...... * 6,14 5,4 Liability Insuran . ................... * ...... * ...... Notice of vluiatiol$ from contract Documents 6.27 Taunt Fees and Royalties ......................... 6.11 Permits ........................................... ............. 6.1� 6.6 p,offc._s Schedule ......................... - 6.t9 Record Documents ........................... ..... related Work performed prior to ENGINEERI ,approval of required submittals ................. 6,28 safe structural loading .................. * ...... - 6.19 Safely and Protection ................... 6.20, 7.1. 13. 61 Safety Representative .....................,•• -22 6.9.2 Scheduling the W00, ...................... * ...... 6.24 Shop Drawings and S -012--s ....................... Shop Drawings and Samples Review 6.26 by ENGINEER ......... ................... 1" 6.17 Site Cielitlia,:4S ............. - ......... "" 6.25 Submittal Procedures ........ **-""-"'*** ....... Substitute Construction Methods and 6.7.2 procedu . ..................... * ...... ' ..... - Substitutes and -Or.Equaj" Items ................ 6.7.1 6.2 Supe.firimndcrice - ......................... .... 6.l Supervision .................................... 6.34 Survival of Obligations" ...................... - .... .... 6.15 Taxes...................... *'*'* ... * ... *..... 135 Tr4ts and inspections ....... * ....... - -1' * ..... 2.5 .................. 6.............. TO Report -:, . .16.4-18. 6.30,2.4 use or Pre nil sc s ...... * * - * I ••••,.. Review Prior to Strap Drawing or Sample Submitral 6-2-5 Right to LdjLLsti lie nt for changes in the WGTk - - - - - - 10.2 right to claim.. 4. 7.1. 9.4. 9-5.9-11, 10-2- 1 I.2. 11 -9- 12-1 - 13.9. 14.8. 15.1, 15.5. 17.3 Safety acrd protectioo, 6.24621- 7.2. 13.1- ...... safety Repres�-ntadvc ......c............ . . 6.7 Special Consultants .............................. Subukute COnstft"C"i"" Methods &M procedum Substitutes AM -OVEAugd" Item' Expens'e .. 6.7.1. 6.7.2 Sub,00tractors. StIpplierz and Od=s ............ 6.6 6.21 -6-11 Supervision and Supeginicnilcric:c ........... 6.1. 6.2, ....... 6.15 -Taxes. payment by ........................ .. 6.16-6.18 6.10. 6.5 V'Wrarij Y of Tide ................... 11 ....... 14.1 Written Notice Roqumcd- 15.� CONTRAMR stop %Vo* or iennin'tt ........ Reports of Differing Subsurface and physical Condi- tions ................................. JA+8 substantial Completion .................... * ...... CONTRACTORS --other ................................. Contractual Liability Insurance ...................... Contractual Time U mits .............................. Coordination 00700-7 AriiCIC Or pararroph Number 'ACTOR responsibilitY ............ CONTV 6.9.2 III c,ipi,, or coe-iments ................ 13.12 .Orrwion Nriod ........ C Removal or AccMIance Of 4.n Co,rMajort. Defective Work ENGINEER's .............. Possible Contract Documents Ch 4................ ur Val ;enc --- ......... """............ A=toce of Defective! Work ......... & .... M Removal of Defective V"OfI: 13.13 6,30-13.11 Correction or ** .......... ... 13.12 Correction Period...... * ..... * ......... MAY CorrectDcrea've Work .......... 13.14 OWNER ............. OWNER May Stop Wowl.............. 13.10 Cost -13.4 16.1-16.5 of Testsaions 11.7 IRCCOW, .......... I .................. ............... 16.6 Cost or tile W"- BOMS Arid iOsur;Lncd:. Additional........ 16.1-M6 Cash Discounts ........ -- ...................... 11.4.2 COrTrILA M.R's Re.......... * ................... Ee�oy- Eypen-1 - - .................. m -1 q F-xclvsi0fts to ....................................... 11.4-1 ...... ,Gcn,t,r,l ............................. I Home Office And overhead expenses ... - ........... l S Losses and damages .,...«.......«.......... 1 J.4.2 M,WW$ and equipment .......... . ..... Minor expenses ....•- ......... * Easemienu ............................................. Lfrce:6 we date of A pccme ni--& finitiOn Of ............. .. 16 6-n Payroll COSU on ch2ntcs ............................. 11.4.3 performed by Subwnu-IctOcs .......... ....... 11,7 .... Record. ......... -.1 .................... - .nOQujpLs M.t and Mcliin,,ry . 11,4.5.3 Rentals Of cOLrdc:d Royalty Mm"n' am license fees ...... 11.4 3 -5 Site office And -W"ry faCMtil" .......... Consul Wits. C6NTRACTOR S ............ IIA 4 S pccW 1 5 ,Supplemnt*l ...................................... T,,es related to the Work .................. *,,,* 11.4.5.4 .T tj am InspectiGn ............. * .................. cs 0.4 - , 11.4.2 T,,AdCDj%COUnLS Utilid, (W and sanitary facilities .............. ... 11.4.5.7 V"O& fw replar boun .......................1.13.6.13.7 ,. Coming Work .......... 1- 17.4-17.5 Cu=11tivc Remediesp,dRemedies......... : ................. 7.2 011161 Ill t1irg --d P-tc�hine ... ..... . . ...... 8.3 o`nbvOWNCR .................... rhp ft� .. D'Y-4efinjijon of ................ 9. 11. 9.12 Decisions on Disputes .......................... -,** .... -' 1.14 defectilr-defW60"' of ........ * ........... Noijec Work is Acceptable ....... defective WO'k- 13.13 Acceptance Of ............ C,rrcc6on or Removal of ................... 13.1 ............................... Conrr,:tjon Period ...............•.....••.......4.7. 13.1 13. 14.7. 14.1 *.* . 9 ..................... ObV-rM;O5 Y 03 OWNER May Stop Wank .......... ........ prompt Nodcc of Defc= ............. ....... Urlco,e6ng ft Work ............................... 13 Definitions ......... *"** ...... - ...... * "' 4.1..6 .29. 1.3-1 7, Delays ......... -.................... .... ***"* ........ I Status Dujing construction,-- .......... - ....... * ................. D,tiwcry of Bonds ...................................... ? Defi,crY Of c"Alificaics, o(insul-ance ..................... .6 ClaAfritions and la-PrCt"'jans ...... Article or Pararraph Numberr Dc1curdnitions for Unit Prices ........................9.10 Diffeting Subsurface or Physical Conditions 4.n Notice of ..................... Review **,,"*,"*••..4.2.4 ENGINEER's .............. Possible Contract Documents Ch 4................ 4? -5 polub&C price and Times AdjUSUTIMS - - ............ 4i.6 Di%cl,epwicics-11cpartint and Resolving .... L5. 3.3.7. 6.14.2 J);sputr ResotutiOrl- 16.1-16.6 Apx-etmnt ...................... ............... 16.1-16.5 Arbitodon ........................................ 16 re -neral 16.6 Mediation ........................................ 16.1-M6 MINEd Resolution Arcenwiat .................... by E14GINCER .............. 9,11-9.12 Disputes. Decisions Docuirmts- -1 q (:,Pic$ or ........................................... *"* 6.19 .... 3.7 Reuse of ................................. 1.15 V13wings-definition of ............................... 4.1 Easemienu ............................................. Lfrce:6 we date of A pccme ni--& finitiOn Of ............. .. 16 6-n Ernmencics ......................... ENGINEER- 9. 1. 1-9. 1 as initial interpreter on disputes - .............. 1.17 definition Of ......................... ............ Limitations an authority and 9.13 MPOTISN"t'cs ..... 8.2 Replacement Of ................. I .............. 9.3 Resident Project Rep-entuvc ............. ENGINrEWs Corts(IltAnt-definition of ..............1-18 ENGINCEWS- 9-13 authority and responsibility, limitations 0 n ........ 9.5 Authorised Variations In ltle Work .................... Orders, responsibility for , ......... 9-1- 1()' 1'- 1q- Change 3.6.3.9.4 Ci2jifimlion.5 and InterplVations ....... ....... 9.13 Decisions on Disputes ................ 13.1 defective Work. notice of ......................... 6.7.3 Evaluation Of Substitute Ile. ...................... 6.32. 9A2 ...... Noijec Work is Acceptable ....... 6-wa. 9 ' ' Observations .......................... OWNER's ReprEscoutivc ............... * Payments to the CONTRACTOR- 9.9. 1 - Responsibility for , ... - i .............. .......... 14.13 ........"MA. RccorrilUenidatiOn Of Payment ............ Responsibilities-- 9.11-9.1. 1 UWuaions on ............... * ..... ......... of Rqloru on D"Teri " Subsurfacz 2 Review 1 And physical Conditions .......... 4.2,4 2 Shop F)rawings and Sample. review 6.2 responsibility 0 msponst ................. ........ I Status Dujing construction,-- 9.5 authorijej variations in (tic Wofk ...-•...,........,9 ....... .6 ClaAfritions and la-PrCt"'jans ...... ... q.%j.q.j Decisions on Disvu C3 .... 1.1-1-11" - .... ** 9.10 DC tcl-minations on Unit Pri . ............ 9.11.9.47. .4 ENGINEER As Initial lnttrPTtta 9.1-9. ENGINEEWS RcSP,*Zs, bailides ................ 00700-8 Arricfe or Paragraph Number ENGINEER`s Authority utd Lir• 6tatNOns an 4.13 gaponsibiliiirs ... 14.12 OWNEWS Represcnlative .................... 9-1 PrOlect Repscsentabtive ...............•• 416 Rc]tWng Defoctive Work .................. a . Ch�mge Orders sod ..•........ other special insurances ...............S.tZ-5,13 OWNER as fiduc-iarY for insureds ............. Slwp Drawings, ...... 9,7.9.4 Psynsents ............... 6,6 ...... 66.... ........ 9 Site ......................... Visits to sin ... ..9.14 Unit Price MterminiliOns .................' - ..... 9M2 Visits to Site ....................6,,,66........6 7..9.1 Written consent required .....................* 6.363 Equipttt OL j_,bar. Iltatrrials and ................... i 1.43? �Prnent rental. Cast of the Work ...............7 .. Egtrlealent, i�lttcrials and Equipment ....................5 ........6.33 Extor, Or ... Bs E+�idenM of F � AnwisnTmMs ................ 4.1.8.4 Fat omtiort Or Phys" conditions ».......•...... 11.6 Fee. CON"IRACTOI &`..Ousts Pius ................ ... Field Order-- I. definition Of.................................`,G.1.9.5 10.4 Lssltcd by ENGINEER ....................... , 3.1 Final ApplictWon for Payment ............• ..•.. 14,11 FinalImpwion...........................6.....,.... 11.14 Final Payrnent- 14,13-14.14 Cost of the Work. taxcs ......................... 11-9 prior t r rash allowances .............. 17.3-17.4 Gertanat provisions .........................6666.. 6.31-6.33 Cienerai Requirements-- 120 delindon of ......................... 2.6 6,6A.7. 6.24 principal rt�fercrim to ............. . 17.1 Giving notice ... ...........................,....,..,.. GuMantea of Work --bye 14.12 s d == Hazed CwrirO11111=iOn Programs..................... Hazardou ..............................112 �of ........ V-Wts to Site..................................6.•...6 OWNER'S r .. .....5 eq ity for .........,.. .. i4 lndemnkh'atiofl- .........•..•b12,4.1663!6.33 CONTRA .u... rIIR C}.e,�t111re..--6666 __..._...,. lnspaedori-"tea 14,i'_ CendflcaOf ........4..........666... 9.13.4.13-5. Final............................... , ............. Spacial. required by E1'NGINEER ..................9.6 14.11 Tcsrs and Approval ........................ 93.133-11J.4 lnsursntx�--- Acceptanec of. by OWNER ..................... .... 5.14 Additional. required by changes 11.4.5.9 in the WOrk ................................ Waiver of c aims .............................. issgBefore Starttris. Work ............................ .75 Bonds and --4n W ................................. rCYpOtiSIb111liCi 6666.,.................. .,. 4 by CONT'CTOR Authorized ....' Cancellation provisk.ns ...., ....,....... 5.4.13.5.6.3.5.6, 6666. C,,,Wfxates of7.5.5.3.5.4-11. 5.14. 14.12 completed operations .............................. 5.4.13 OONTR,O CMWs Liability .......................... Manuals to( Othcrsl- COLT RACTOR's iDn 10 cOves'alte ........... 5.14 Contructuai Uability ..........i ................... 5.4.10 Arrirle or Yarn^ruph Number deductible amounts. CONTRAMOR`s5.4 ryYpORSlbihty' ......,..,••,••••......••... final Application for PaYmcnt .............I.......• 14.12 Insurers 5.3 Licensed .............*,,**,....•..",.....•. Noti= mquirements, maternal S.H. 10.50 Chartres ............... ..........6.,.... .. 5.14 option to Replace ......••......••.. . 5.10 ..•........ other special insurances ...............S.tZ-5,13 OWNER as fiduc-iarY for insureds ............. OWNER'% Liability ...........................••.... 8 OWN 'ER`s Resp`JnS'Wit F .......................... 5.15 p;Lniul Utilization. Property Insurance ............. S.b-5.10 PMPCrt%} ............................ Heectpt and Application Of Insurance Proceeds .. 5.12.5!3 Special o R phis ........... ..i .11 ...................... Intent OrConlract Documents .... . rations and Clanf=tions ...............3.6.3.9.4 interpretations 4. 4.2 lnvcsd[:atiOns of physical conditions .................... ireriatc PrYJ in.s�nrnr..M .................. Landr- ... Bs and Easements .................... 4.1.8.4 AYallablhlY Of 6666.--,.-.,.• .................... � 4 Report &- Tests .................................... Laws and Regulations -Laws or Regulations-- 5.1-5 1 bonds ...........................6..6.....,66 10.4 Chzngain the Werk .......................6666..-. , 3.1 Contraet Documents ........................ 6,14 CONTRAMR's Responsibilities ......... • ....... 11.14 Correction Period. dc1cetivI! Work - 6 6 6 ........ . 6 . 11.4.5.4 Cost of the Work. taxcs ......................... 12 definition of ................................... .. 6.14 general ...............................6....6.66. 6.31-6.33 {[1dClSlrtli147110R ...............••••,•••••• 6666 ..,..5.3 Insurance ....................... . •.'...,...'........,,.•. ........,....... 'Re. fc=ce to ... Saf20.13.2 ety and pratecuppliers b.8-6.11 and Others , SubcOnuactars Supp 6666 . ..... 13 Tests and {nWccuons ......... 6 ..... 66,,6........,.. 6. 5 ..............................112 V-Wts to Site..................................6.•...6 ljability Insurance- .5.4 CONTRA .u... 6,666 .......................... 5.3 uNE and...... Irsulens Lien- tow Application for Progress Payment ....... ....... 14.3 COnanctoi s Wart'anty of Title 6666 , 6666., .. 12.12 Final Application for Payirtenl ...................... 1.23 definition Of ............................ MIS Waiver of c aims .............................. Lun'ttsdons on ENGINEER`% authority and 9.13 rCYpOtiSIb111liCi 6666.,.................. .,. 4 by CONT'CTOR Authorized ....' Um'tted Reliance Maintenance sod OP -41111t Mmn'-W' 14.12 Final Applicatialt for Payment .............6666 Manuals to( Othcrsl- �' �, 33 3.l 1'rccedcnce ............................. 00700-9 � xrfmiev' ` . w"m*' . 3-33/ nem^e^�macunv;�o�vm�m.~~`~,.~ Responsibilities - ^ � — ~~---- 24 Njilesteingw—dvmxx�Of ^,,.............. inspectiOM tests .. M 4.3.2 140, Shown or Indicgetl Notice Or— 14.13 � cuai n .'~—_���—.rz/ oem�, --.^~.----,—,__.. ��� cxnun» 'ou�un��o,po�mmco�om�.—~—,, Giving ~'^--'~''~~~— ~___,rr/ ~_.___,..no n�mwm ._._,__,.«�r ~—---� v��m�.u�v""~. wn lien conse nt Or IP Pro Yal Notice mrxvceed— ^��uv m ~~''--~^— ._,__../ua written nouce 9,4. 9. 11. IM Vivingor '~— .._____—.x� ms _.__._.1.29 definition of ...................... C5 ..................— for o�o responsibility ................ nmnauuu="iO° ~,~,_..__..1zx a�"mv*v' --'^^'~~^~^'_~..~_aao�* 14.10�o�a----'---^—._,~~,,,..__.5.m m=w`^r ''—'' 6.12 ownF-R— ' vm� �o ' Lands. re'sponl1l Avaittbift Of FInal payinent a" Acceptance 9.3. 14 � «b=tcuhdc,^om*ati""~__,.~.,~..m^/u^ when payment$ doe ^"�vw..~^~— wAtiholding n^nn"m—'^~'^~'~~—��^...m'5z communicatiorls ~___..m cm--------�� K� �/m,°�~.,. __ m U u�vww�nq"�!for u�"m" —,---'--'� inu ~—_ ,13.4mm�nm,�x 8.7inspections. 13.1 of ReVrC_s4�njatjVc--DUrinf- Construction. Responsibilities - 9.1 inspectiOM tests .. M wn lien conse nt Or IP Pro Yal 9.1. 6.3. 11.4 written nouce 9,4. 9. 11. IM 11 15.4 _.__._.1.29 definition of ...................... C5 ..................— for o�o responsibility ................ nmnauuu="iO° ~,~,_..__..1zx a�"mv*v' --'^^'~~^~^'_~..~_aao�* 14.10�o�a----'---^—._,~~,,,..__.5.m m=w`^r ''—'' 6.12 FInal payinent a" Acceptance 9.3. 14 when payment$ doe wAtiholding n^nn"m—'^~'^~'~~—��^...m'5z , mrmn"""eco"«u & —....... 6.13 / permits ~______,,,._ a07m(l,-1V 40 Aricle or pdraProph dvumbrr petroleum- ......,.. 1.30 definition of ................ . 4.4 ..... ........................11.14 and. SamPles submittals r"kw ......... • . OWN13M, rCSpnnsibiltty+{pf Ramedies. cumulative ......................... physirml Conditions .2 ..........,..4.11 Drawings Of. in or relating to .......4 2.3 rNG1NEER's review .............................. 4 .. extsdrig atrvctures ................... general ........................................ ..... 4 Subsurface arid ..................• 4.1 Undcrfround F civicf 4 .................. .• 4.!.5 Possible Con,mct Dwurrrents CKUVC -- • ••• ....... 4.2.6 Possible Pace and jitncs Adiustments .............. 4 ri Re Pons and Drawins ....................... •S:! 3 Notice of Differing Subsurfa= or . ..... ................... 4r Subsurfa= and .........................' 4.2.1.1 Subsurface Conditions ..................• .... Technical Data. Limited Reliance by CONJ1LA%it)R nuthoritcd ............ .........1'.2 Underpsound Facilities, Radioactive Material--= l.3? general ............... ......... ..............4.3 1ndiWed• .......•.• .... ........ 4.3 Not Shown or 4 3.6?0 Protection of ............................4 3.1 Shown or Indicated ............................43.1 6.12 icchnatal Uata.......................................... 8 Preconsuuctian Conference ....................... , ....................,• Preliminary Marten.......,..''.6 Preliminary Schedutes ..................• +r.... 6.16.18 Premises, use of ........................ .......... it Pf cc. Change of Contract ..................... i.11 price.,Comract-Pdcfirdtion of ................. 14 Progress Nvment. APPli.ations for ..... 14.2 PromsPayment-r.'taittage ....... • . CQN CR1VC7f)R a 2.6.2.8-2-9. 6.6. Prop uz scFtedule. 6.:!9. 10.4. 15-2.1 1.31 Article or Porogroph N+tmber ........ 6.14 Regulations. Laws and to�s1 ................. «,...,,., 9.6 Defective W ......,.. ...... ,. ' RciccSing Related Wort:-........ 7.1-7.3 atShe ................. ...... perforniodprior to Shop Dmwinp general ........... R 5 .................. Representative. CONTRAM . and. SamPles submittals r"kw ......... • . .. 6.28 •17.4. 17 5 Ramedies. cumulative ......................... -.. _. f.34 Removal or Correction of Defective Wort :.....................••••- rcutai agreements. OWNER approval .....1t.4� 3 required . b OWNER acptamment of'ENGITi8ER y ± 5.3.31.6.141 ..... 8.2 f{tpvrtirtg and Resotnri(t Dismpxncies .... 6.25 KrPO •- 4,2.1 ............. and Dravdnp ............-...i......• ........... and Tests. OWN ER's respo ....... $.4 Resident pa,otcct Rcpr scntative- 1.33 definition of ...........................................• ., 9.3 nrrivisio n for ...... Resident Supenntendent. CONTRA •. Re Sponsibilities- 6 CQN7'RAL-TOR0nteen. ........--• ................ .....9 ENG1NU-Ws4n genual .................. 4.13 umimtions on ....•........,..«....,.... .... 8 t}WNER-s=in general ................•. .. ...............14.2 Reusc of Documents ....•R'Shop.Drawin€s Review by CCMTM 6 5 and S=Ptu Prior to Submittal ............. Radioactive Material--= l.3? Review of Aplatications for PMFr-ss 14.444.:I Payments . .........................• ...... i0 ! Right to an adiustmcnt ............. .... .. 4.1 Rights or Vihy........................................ 6.12 Royalties. Patent (tics and ......... •..•• 6.18 Safe Stiucturat Loading ..................•••••.. Record Documents ............................. safety- 6 16 6 18 6.2[1•t5.211.7.2. 13.2 Protect --dc nttion of ........_... ....... and Protection ........" 2 . . . . 6.20-633 pnoyect RePnescmarivr-.- 9.3 Status During Constrvction .... general ........... R 5 .................. Representative. CONTRAM . 6.21 ENGINE�R`a Project Rept�scntative. Resident 1.33 ..... SarsrPlrsY -.. _. f.34 _-trfiniilon of ..............................,.., . E.3 uennition of .................... 6:I4-6,28 a meat by C7"n .......................... y ........... ge neral .....,............... ..........,. 6.25 prompt p P ProPesylnsurance S.7 RcvicwbyCCNTRAC'1I3R ...................••, ...Review by 6.28 general ........................ •"..... 14.50:' related Wort ...,.,,...... ......,,......,.6.24.2 Parti�S Unlixasion ........................... .5.15. submitul of .... .............,...., 673 licatian of receipt and aPP 5.12-5.13 submittal A ...••.•............. rocedures "9, 10.4. 15.1.1 proceeds ....................••• "'; b,20[i!l. 13:2 Schedule of propess ••••• 2.6.7-$-2'9.6.6.6 and Samptc Proteetion. safety and ...................... f 4.11 Schedule of Shoe I)rawsng 16 ?.5.2.9.6.24-6.25 Punch list .......•......• ............................ , Submiitals ...................... 2.6.2.ih2 9. 14.1 Radioactive Material--= l.3? Schedule of Values ..•...............•.... , dcfmitinn.........................................• 4.5 ............................... $.l0 Schedules-- Adherence w .....,. '...., 15 :.t 6.6 general QVINER-S responsibility for .......... •••-"' l4 4. 54.5. 14.13 Adiusdnl:.. ......•.. 10,4 Recommendation of Payment ............. 6.19. 14.1 b Change of Contract Tunes ..., 5 ? 9 .. 7.3-1-9 Record Documents ............................. lnitialty Acceltabk ...........•....• Records. procedure3 (or maintaining .................... 4.s Prellminars ,........•.....• •• ... io.3.10.• Rafercncc Points ........ ........... ••••••.•...... Scope of Changes ••• •.•,.,•. ........,...... 4 '.l.l Reference to Standards and Spceificsttions 3 1 Subsurface Conditions ....,...,:..... of Tcchnic�d Societies ................................. a070o-Lx Shop DrawinP— ~—� ~ ~ 614-6.28 Sm =~~--'' vCi �wvo w -_._.,._,_^z� ~~- ",". ~E`---..~-—--~_~.^�� '..—... F L4ruvod d4r"ucuw^A1-",Cnerm w ny��pmm—-~''^~~----'.���x�«� m �pnx 6.125 mu»�um mwCmpwa=m~~--~~~------� sxuvmu"�- _'_.~_,9�z by ENGINEER .~--~'~'^^^-~_^.__-m� by mmpI ~'~--� � S 1.36 ................ ..--... _............... 33.1 of n�u~+~—ex n�ny�*w-...-..x3u '^~d-—--~^--- — uwnm�`wm'xm�mu� .._ _3� societies .--^'^~'^^--'__~._�m Construcoon. Before -^�w Starting Supplier— I. -to storage of miten 6,19 Subcoiltmcicr— 6.8-6.11 has no duty 10 -- 6.11 suspension of Work andreminuion— � ____—.. 14.12 mmn*"��And ~,____............... p*��"rs ----~.*,*._~_~^~____.�� m*«v�m��"�' --~'-''^—~''--'.��2» ''—^-'''~~-'_'�z+� swvu*---.--—_,_.�.`��/�/ s��m"o(vu". --..~ u��*�»�vop�o�mm �o���x .286.7 -Tests. and taw-liOns- Africk 01 Pararroph Number 007V0-12 ubuuownvm..,.~~.~�...._.~..—..—��c =~~--'' vCi �wvo w -_._.,._,_^z� ~~- ",". ~E`---..~-—--~_~.^�� '..—... F L4ruvod d4r"ucuw^A1-",Cnerm at ice or Difricrins SUb'113760c 01 S Supplier— I. -to Surety— ,,.,.,_._../uzw./^ consent m"=.r/^'~^ENGINEER -- has no duty 10 -- suspension of Work andreminuion— possible Nee and Tj— AdjUSAn"ints -Tests. and taw-liOns- 007V0-12 40 • Arikle or Panasrnp+r value of the Work .................... ................. values. Schedule of ....................... Number Act:+ d to the Wori;.lry attters .................. 13.. 13.E LONTR,hC'i>;3R's neaponxibilitics .................... ........ 1},4 } cost of.R.......................................... ............ Payment ................ ................lh. 6.11 Waiver of Rights by insuftd patties ............... covering Wosk prior to ..................... 13 Las and Regtrlationstorl ......•...•..••.••....,...13.1 ........ . Notice of We= ..�� ..•• . OWNER May P .........................• l3.Str i1:1 OWNER.% independent testin: .............•9•t Access to ............................. sp€cial. regiired by ENGINEER...................... 13.4 timely notice rcquired ... Citanpesin the ..............................::..... *velinr Work. at ENG1NESrR's Continuingthe ............................... Urac the 131-13-9 west.............................. or krmirtate.................. .................. Timer— ........... 6.t, ante of contract.....:.:....::.::.::::::...`tlh Colt of the....................•....,..... definition of ....................... C ........•........................ Adiusting..............................*:::Computation , 1? Computation of ..................................... L1] 1imcs-46nition of ................... .53.10 13.10. 15.! Conuact _ day Mlestortcs........................................S7.1s ............ 15.5 Rcquircmtriv - I6 ,,.............. 3.6 elariftcations, claims and ll._ la disputes .......................... .9.11. .. , ; commencement of cone= times ................... 1.. prcconstrw.tion conference ......................... h.f° schedules ...... ........................... :A starting the Worlt.................................. 143- Tide. Warranty of ..................................... 13.8.13.9 uncovering Work ............................... . undmiround Facilities. Physical Conditions -a 1.41 definition or ..•................... ......... •• 4.3. Not Shown or Indicated ................•..'..•.. 4.3.6.20 protection or ....................................... 4.3.1 Shown or ludic tLd .......................... Unit Price Wort— .., 11.9.: definition or .......................... •• .......... 14 gcnetal................................. unit Prices-- 113. general............................................. 9.1 Determination for ............... •"..'6.16.d,fS.6.3D ». Usc of Premises ......I ... I............. 6'0.7.1.7.3. 13. utility Owners ......................6.1:. Article or Para;erdph Number Utilization. F tmw ............... 1.23. 5.13. p.30. 2.4, 14.10 value of the Work .................... ................. values. Schedule of ....................... 11.3 2.6.1.1;•3,9. 14.1 variatiom in Warl:--Minor , 6.2'7.9.5 ......•••..,••,69.2 Authorized y ENGINEER ......................... visits of Site Wxivcr of Glaims•on Fina! 14.15 ............ Payment ................ ................lh. 6.11 Waiver of Rights by insuftd patties ............... Warranty and Csuaraatec. Gener` h} Warrantv�RCO................... TP A=R*s .. ..••••""..... 14.3 Work— .......... 1312 Access to ............................. ...... .7 . by ors.......................... ............ rhe to Citanpesin the ..............................::..... 6-29 Continuingthe ............................... CON i RACTIOR May Stop Wort 1i or krmirtate.................. .................. 7.4 Coordination of ............... ,..... ............. f1.4-11.5 Colt of the....................•....,..... definition of ....................... ,�. 1.43 13.14 neglected by COLOR ...... . 7 other Wori............................................. . ............................. ..... ...•............ OWNER May Stop W .......................... .53.10 13.10. 15.! ort OWNER May Suspend...........•.. 7.1=7.3 Related. Work at Site Starting the ....... ........................... Stopping by CONT'RAQ0F....... • ............ 15.5 . Slopping by OWNER ............ ............ 15.1.15.4 variation and deviation authorized. 3.6 minor ..................................... Worl: Change Directive—.. 10.7 claims pursuant to ................................. . 1-M definition of ....................... 3.s.3.1@.1-10.` principal references to ................... Written Amendment— . 1.45 dcnnition or ........................ =, principal refencnccs to ...1.10.33.5.10.5.16.4'.6.8 6.19. 10.1. 10.4. 11 2. 12.1. 13.12-2. 14.7 .2 written C-tarlrlCatlOTls arxi 3.63-9.4. 9.11 lnterprcrntioru . ...••••.•••••. Written Notice Required— 7.1.9.10.9.11. 14.4. 11.2. S? l by CON"fRAC[OR ........ 10.4. Ill. 13.14 bV OWNER ....................9.10.9.h1. 00700-13 40 GENERAL CONDMONS rARTICLE I-»DFFINITIONS { Wherever toted in thcso Genera] COM itiens or in the other Conti -act Documents the following ttrrtss have the meanings indicated which are applicable to both the singutar and plural tltcremf: I.I. Addenda—W ritten or graphic insuurrunts isrstcct prior to the opening of Bids which clarify. correct or change the Bidding Requiire:mcros or the Contract Doarrnenta. 1.2. Ap"emem---Thc written -011 tt bawetn OWNER d trONt ,Aw~ FOR covering the Work to be perfornitdc other Cpttu= Dopurnettts art aaarhed to the Agretmcnt and made ■ part them as provided therein. 1.3. ArpiicWirrrr for Payrnerrr The form accepted by EN- GINEER which is to be used by CO N1 RACMR in requesting PMM= or ffrW payments and which is to br r�izaoipanled by ,%,-_h supM-dng doctan ration as is acquired by the Contract Doaurteau. 1.4. A.sheiros--Any materia] that contains more than one percent asbestos and is friable ar is releasin$ asbestos fibers into the alt• above current action levels established by the United States occopadonal Safety and Heal th,Adutinistration. 1.5. BideThe offer or propasal of the bidder submiucd on the prescribed form setdn9 farth the prices for the Werk to be performed. 11.6, Bidding Docamerrrs The adverisemclit or invitation to Bid. instnuctiotts to bidden. the Bid form. and the proposed Contract fDoetsmtmts hlociuding all Addenda issued prior to receipt of Bids). 1.7. Bidding Requirernena—rinse vdvertixement or invita- tion to Bid. instructions to bidders. and the Bid form. I.B. Bands—F'erforuspce and Payment boatels and other instruments of security. 1.9. Change order—Adocurncni recommended by E.NGI- NEEit. wh i is signed by CON-fRACMR and OWNER and atrthori= an addition, deletion or revision in the Wo& or an mdjusunent in the Contract Pdcc or the Contract Times. issued on or &(W tic EffectiveDate of the Agreement. 1.14. Contract Documetrs••--The Agrt:ccment. Addenda [which petain to the Conu= [Docurncntsl. CONTRACDOR-s Bid fiotludintg documntadon accompartyir g the Bid and any past Bid documentation subtnittcd prior to the Notice of Award) when attacttcd a an exhibit to the Agrccrncnt. the Notice to proceed. the Boods. thcsc Cseneral. Conditions. the Supplernertrary Conditions. tie Specifications and the Draw- inns as the same art mora specifically identified in the Aprc- mem together with all Written Amcr4mcnts. Change Orders. Worst Change Directives. Fk1d Orders and ENGINEIER's written interpretations and a srifmcadons inued purstrnt to paragraphs 3.5.3.6.1. and 3.6.3 on or after the Effective Date or the Agreement. Shop Drawing tubmittats appevvcd puratr :ret to paragraphs 6.+b' asap 62317 and the reports and drawings referrtd la in paragraphs 4.7-1.1 and 4 2 arc not Corttract Documents. 1.11. Contract Prdcf-•-The rnoncy-4 payable by OYMER to CON'±tAC1't7R for completion of the Walk is acconhance with the Contract Docummu as staid In the Agreement tsubiect to the ptvvisions of paragraph 11.9.1 in the, case of Unit Price Work), 1.12. Cataract 7-unrsThc numbers of days or the dates stated in the Agrtdnxris: til w achieve Substantial trmnplerion. arid f"u1 to complete the Work to that it is ready for final pavment a evidaseed by ENGINEEWs wrium ro maenda- tion a►final payment in accordance, -ith F71'atraPh 14.13. 1.13. ComTRACTO t The person. firm or corporzion with whom OWNER has entered into the Agtroernent. 1.14. defective—An adjectitre which when modifying the word Work re fen to Work that is unsatisfactory. faulty or deficient. in that it does not conform to the Contrmct Docu- mcnts. a does not meet the reguimments of any inspection. reference standard. test or approval referred to in the Contract Documents. or has been damaged prior to ENGI- NEER's recommendadon of final payment furtleu raxponsi- bility for the protection thereof has been assumed by OWNER It Substxndal Completion in accordance with paragraph 14.8 or 14.101. 1.15. Drawings—Ttie drawings which show the scope. extent and character of the Work to be furnished and per- fomsed by CONTRACTt7R and which have been Prepusd or approved by ENGINEER and are mferttd to in the Contract Documents. Shap drawitlo are not Drawings as so defined. l.lb.&TeeaeveDare ojrlreAgreertrrst-Thcdawindicated in the Ayrcement on which it becomes effective. but if no such date it indicated it means the date on which the Agrtxmont is signed and delivered by the last of the two parties to sign grid deliver. 1.17, L•NGINEF-R—fheperson. finnorcorporxrionnamcd as such in the Agreement_ 1.18. ENCiNE.Eti's Consultant --A person. firm or corpo- ration having a contract with ENGINEER to furnish services u ENGINEER's independent professional assodate ar con, sultans with mpe" to the Project and who is identified as such in the Supplementary Cenditlans. 1.19. Feldorder--AwoiucnordcrissuedbyENGlNEFR .vhkh orders mirror changes in clic Werk in _ crdance with parayranh 9.5 but which docs not involve a chsrtgc in file Contract Fake or the CcnLrw Tinsel. 00706--.14 i 1.20, encrolRrqulrrmrnrs--Scdio=:s oiRivssi<rn 1 of the vV— �prescntaLivc or ENGINEER who maybe 6ir=4 to thThe e cite 5ci5csaons, or any peat thereof. 121. Hazardous Vy_$w Tb,, term Hazardous WaSIC shad I Piave the meaning provided in Section 1004 of the Solid Will Disposal Act (42 USC Section 69oll as amended from time to time. 1,2-, Laws and Rrpularions: eons. ords or unation cotes and all applicable laws. rules. regu and orders Of any and all govetnmenW bodies. agencies. authorities raid courts having jurisdiction. 113. , yens-l.ictu. thargcs. seycastity interests or CoCtim. bran= upon roil property or persons! Propeny- 114. Milesrant-A princlMd event specified in the Can- tsset poeurnearts rctsting to an intermediate -repletion date or time prior to Substantial Completion of all the Work. 1.35. Notice ojAl+ i%r The written notice by OWNER to the apparent successful bidder staling that upon compliance by the apparent successful bidder with the conditions precedent enumcrate4 therein. within the time specified. OWNER wilt sign and deliver the Agreement. 1.26. Notice to Proceed-A"tic n notice givcnbyOWNER to COM'RACiOR fwith a copy to ENGINEE-R) fixing the due on which theC.onuW Times wilt cooimcnac to run and on which CC)NTRACWR shalt start to perform CONTRAC- TOR's obligations under the Contract DOC a itnts. 1."27. pWNF-R-jbe public body or authority. corpora• tion. association. firm or person with whom CONTRACTOR his entered into the Agreement and for whom the Work is to be provided. 1.2.g. paniol Ulditation- Usc by OWNER of a substan- tiaily cornplewd part of the Work for die puq=c for- wltich it is intended for a related purpose) prioc to Substantial Completion ui err Ind RVIM 1.24, pCAs-polychlorinated biphenyls. 1.30, perroleunt-Pettnlcum, including crude oil or any fraction thc=f whirls is liquid at standard conditions of temperiturc and pressure (60 degrees rahmnheit and 14.7 pounds per square inelt absOlulcl. such as Oil. PCtsnlcum. fuel oil. Oil stodge. oil refuse, psolinc. kerosene. and Oil mixed with other non-Hawdous Wastes sttd crude Oils. 131.proffer-Tlia total construction of which the Work to be provided under the Contract Decumcnu may be the whole. car a part as indicwcd clsewytier'e in the Contract Documents. 1.31 itacfioiaetfve Morrrial-Source. special nuekar. or by caverhl as dcfincd by the Atomic Enemy Act Of Igct t42 t1 SC Section 2011 et seq.i as amended [rale time to time. i 1.13. Sam)rtes--physieafcxunp~r�afmsstetials.e�ripmatt. or worknl whip that arc r epsesrattative of sonic portion of the Work and +which establish the standards by which such potiioh of the Wort: veil be judged. 1.35. Shop pmwinFs-,Ail drawinps. diagriuns, illustra- tions. schedules ani other 4am Or information which arc tpeciftctlly Prepared or assembler) by or for CONTRACTOR and submitted by COIR to illustrate sense portion Of the Wort;. - 1.36, Sped(cottons--Thane dons of the Corin Doc. uments consisting of written technical and dids ions of nuuA- err ars. egui pa=L consu+action systnra. stznd ship TK applied to the Work and certain admndstrativve details applicable thcrcto. 1.37. Srrbconrrarror•-An indMdtul. firm or oorpotarion having a direct contract with CONiftACtOR or with any other Subcontractor for the Performance Ora pan of the Work at the site. 1.38. Subrrahriaf Compfertort -The Vkrrk {or a specified pan thereof) has propressed to the point where. in the Opinion of ENGINEER as evidenced by F.NGINEER's definitive certificate of Substantial Completion, it is sufticieaitly COM' plete. in accordance with the Conaaet Documents. so that the Work for specified part) can be uuffil d for the purposes for which it is intended: or if no such certificate is issued. when the Work is complete and ready for final payment as evidenced by L14GtNEER's written rcroni mandation of final payment in accordance with psrapmph 14.13. The %emu "substan"ly complete" and -wbstsittWty completed" as applied to all or part at tkie Work refer to Substantial Completion thereof. m 1.39. Suppieeruary Conditiorte-'t-hc pan of the Contract Doeiimcnrs which amtcnds or supplements these General Con. dmons. 1.40. Serpp)ier--A manufacturer. fabricator, supplier, dis- tributor, rmatcrialntart or vendor having a direct contract with CONTRACIOR or with any Subcon",ctor to furnish ntatcri- cats or equipment to be incotVorated in the Work by CON - 't7dA;C'TOR or any Subcontractor. 1.41. Uedtrgrotrndfanliries-A9lpipdirscs.canduits.ducs3, r,abks. ,sires. manholes. 'vaults. tanks, tunnels or other such facilities er anachnrents. and any cneascinen nd ntfusning such nish any farilitses wliich kava been installed undetyttw team of the following services or materials: electricity. �stca-. • liquid petroleum products. telephone or other comm unica- tions, Cable Ielevision. selvage and drainage mmovil. traffic or other control systems or w3Lw- 1.4_. Unit Frio Work -Work to be laid for on the basis of unit prices. 007©0-15 U11 1.43. Work The entire completed eonstnxtion orthe var- ious sgwueY ides dWite ram themd mquhxd to be fur- nisbod under the Contract Documents. Work inciudrs arA is the result or perionvins or furnishing labor t into th A e u> �n i ttta Ung te� sand equip and Perfortnirtg or fusrWn +g scrvk= axd furddling Incon. all a3 requited by the Canuact Do=KML 1.44. Work ChangeDire ive-A vrrittetstii Cctive to CON- TMCMR. ispued oat or cher the Effective Date of the Agm-nnnt and a'goed by OWNER and t rtuscndod by ENGINEER. ordering an addition. dderian or revision in the MW4. or responding to dUrerins or unfoaes— Physical -xxfi- tions corder which the Wolk is to � underwd pro provided A in paragraph 4.2 or 4.3 or to emtxga>athe pa agra t` M A Work Change D'u�tive vn•U not t:i"nie the Contiacs TW=- but is evide �thbtu tine change d°sre�f or doesurrm )CAMsvmd Vire e siva r ff be ittca egads� ed m a to its effeet- if Order following neploainby any. on the Coat= MCC or Corrins Tapes as Provided in paraggaan .pis 1)" 1.45. Written Arnersdmetti--A vmtun amendment of the Conv= Docurnents. signed by OWNER"CONTRACTOR on or after the Effective D= of the Agreement and narttsally dealing with the aonenFi'ncerng or nontechnical rather than strictly construction -gelated aspects of the Contract 10%ocu- mcnu. ARTICLE 2•--pRF-UMINARY MATTERS D,&,07 of /3orrdr: 2.1. When CONI'-RACMR dcliml the executed Asp - menu to OWNML C+ONTRAMP, shall also deliver tel OWNER Well Bonds as COIR array be requiled to rurni.sh in arrnnianee with garam-xnh 5.1. 2,2. 01vNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the SvPPlerncntary Cott• didons) of the Csntttaet Documents as are vm-lonabdy neces- sary for the cxt=tion of the Wotk. Additional -Pits "All be furnished. upon request. at the cost of tr,Preducniom Contract inner commence to run hear than the uxW.h day after the ray of gid opens or the thirtieth day atter the Effective Date oC the Agrac Knit. witkilever due is cufio r. sic dw WafL- k4. CONTRACTO Rshall at= to perform the Work on the date when the Consract Times a tYsc d r a which rho Coto fun. but no ntract o rk 51 WI b. done at the site ptioe Tunes comer = to C'm f3rf� �t�r ter°". C�^s Of Comma Tuna; Nodcr to prucvrd: 2.3. The C mar= "Canes will co=wx ee to Turn on the dtirti- uh day after the Etreadve Date of the Asreement. or. if a Ncxacc to htrocccd is given. on the day kAcatcd in the Notim to proceed - A Notice to pmgotd may be given m any time within u*,ty after itis Fffotxivc Due of the AprVOCnL In no event wit► the 2_5. Before undertr kW e=b pM of the Work COH- TRALTOR shall carefully study and compare: the Can=( Doaunttrsu and eheacft and verify pertinent figures shown ag"XI and all applicable field trneasurernents CONTRAC- TOR shall ptompriy report in wrWns to ENGINEER: anY tom. error. sati7i +tY err distxWauseY whith CON17AC- TOR may discover sigh abs a writaen intetpr a chrifxrtiaa front 'ENG114EER before proceadtttg' wish any I unit Al =cd["- -M--MP shall not be liable to OAR or ENGINEER for f"Ittre to repos any conflict. ctror. ambiguity or d:.._^^•P2n`Y in the Coamt Doc- utnenLt. unless C0rTj L4CTOR knew Or rcasonahly should have known thereof. 1-6. within ten days alter the El%etive Dare of the Agree- trrent [unless otherwise spceifnrd in the General Requiremen(sl. COIR shall subtttit to ENGINEER for review: 2.6.1. a prelintin"Y Pra�ress schcdulc indicating the times f numbers ordays or dates) for snning and completing the various stagtS of the Work. including any Milcsrancs specified in the Canmac Documents: 6', a prelirrdnary schedule of Shop Drawing and Sam 2.6.1. submittals which will I'Ltt each iequ red submittal and the Herres for submitting• reviewing and Ptocess'ng such submit' W-. 2.6.3. a pmlirt6nsry schalutc of values for alt of the Work which will include quantities and prices Of'terns ,fir .oaring the Con" -Act Price and will subdivide the Work into componcnt pans in sufficient detail to serve as the bSUS w'll for progress pay is during ctanstrucdOn. Such prices Include an appropriate atrwum of overhead and Profit x0ti- Cable to cacti item of W©rk. =7. K Br any Worts at the site is started. CON and OWNER s1ta11 e7ctt deliver les the other. wt � Condit° each add idoW insurod'dcatdfncd in the 5uppl tions. ccnificatcs of insurance {and other evidence offsrainsur�e which either of them or any additiorrd ra Insured nuy vcy arc mqumtl which COIR andOWNER resP� Y required to purchase and maintain in aeconisrtcc wtitin paw' graphs 5.4. 5.6 and 5.7. PmLV n,r0VC itrn Cvrrfervacr: after the Contract Times soot tea 2.& Within twenty ere the rice is atarrcd. a enrdCTr"cc mn. but before any Wort 007o0-16 do -neoded by CoNTRAMR. ENGINEER and othets as SP- prupd.te vn'll be held to establish a vrorking undaxtandinP I WMt Otte parties as to the Work mod to disenss the sehcdutcs zfetsed to in paralnph 2•6• procedures for handling Shop Drawings and other subtrtitlals. processing APACatiom for Payment and rstaintaining required records. Irurimily Aix-epe's� S+��iatra: "_.F.. Unless othcrtvise provided in the Contract Doc -r amu„ at least ten days before: submission of the fust Appiica- tion for payment a conreirnee atteoded by CONTRACTOR. TOR. ENO INEER and others as appropriate will be heli to review "or aaxptability to ENGIN CER as provided below the sched- ules submitted in uxardance with paragraph' b. CONTRAC- TOR Shall have an additiortaf ten days to make conations and Wjustmersu and to complete and resubmit the schedules. No progress payrtscnt sltxdi be made to CONTRACTOR until the schedules are submincd to Snd ?tic iii t beNGINEERePtWe to provided below. The proyscs ENGINEER as pmvidinv an orderly pmpression of the Wort: to oompletiott within any specified Midcstartcs and the Cwitract Times. but such acceptance will neither impose on ENGI- NEER responsibility forthe sequencing. schedulingor prof rrss of the Work nor'tntcsfcm wittt or rciieve. CONIRACMR from CON RACPOWSfullresponsibilitytherefor.CONTRACTOR's schedule of Slurp Drawing " Sample submissions will be *oeptabla to ENGINEER as providing a workable wvaAV- ment for rc-viewing and prtx.cssing the required submittals. CONTRACTOR"s schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE:r—CON-iRACT DOCUMENTS; iMNT, AMENDING. REUSE catiow and inserprct3siom of the Contract Dontmcnts shall be issued by ENGINEER as provided in paragraph 4.4. 3.3. Re(errnrr to Suurdnrd% and Specbicadow of Tccha+eat Sociecier: Its wutrg and Resofriat I}"pone - Iruattar 3.1. Tlic Contract Doacuments comprise the entire agrce- mens between OWNER and CONTR CTC)R conanine the Waric ills Canuact Dociuments aro complementary*. what is called for by one is as binding Is if called for by all. The Contract Documents will be construed in accordance with the taw of the place of the Project. g,? It is the intrat of the Co"traet Documents to describe a functionally Complete Traject for pan themcfl to be con- structed in acccrdawr c with the Contact Documents, Any Work. materials or equipment taut may re2sonab Iy be in rerrcd rmm the Conatact Documents or from prcvIlling eusram or trade usage as being required to produce the intended result will be furnished and performed whether or not spccificatiy called for, When wands or phrases which have a wren. known technical or construction industry or trade meaning arc used to describe Work. materialsorequiprncnt. such words orphrascs shall be inttrprctcd in accordance with that mcanin f. Cluih- $-i.l. Reference to startdasds, spcciFirxrians. manuaistar codes of any technical society, orpniratioa a association. or to the Jaws or Regulations of any tovcrttmentat authority. whether such rcfertnc-e be spcdfic or by ittipftcaiwn. sbull mean the latest standard. specificatim mantud. code or Daws or fte'utations in efTect at elle time of opening of Bids tor. on the Effective Date of the Agreattent if there were no Bidsr, except as may be otherwise spcdfically stated in the Contract Documents. 3.3.�. It. during the performance of the Work, COiti- '1 l,t; &OR discovers any canllict. error. ambiguity or dis- . crop rlc%- within the Contract Documtnts or betwcen.the Comms Documents and any provision of any such I-aw or Regulation applicable to the performance of the Work or of any such standard. specifmicn.-mankt2l or cede or of any instruction or any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER inwhritins At once. and. CONTRACTOR shall not proceed withe Work affected rricrcby (except in an cmcq=cy u authorixcd by paragraph 6'31 until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.5 or 3,6. provided. however, that CONTRACTOR shall not ])c liable to OWNER or ENGI- NEERfar failu t to report any such conflict. error. ev unless CONTRACTOR kntw or rm bigu- iso or discrcpan , mason - 261y should have known thereof. 3.3Except as attierwise speeificsily stated in Elie Contract Documents or as may be provided by amendment or suppiement Thereto issued by one of the methods indi- cwcd in paragraph 3.5 or 3.6. the provisions of the Contract Documents shall take precedence in rtsoiving any conflict. error, ambeiguity or discrepancy between the pnavisians of the Contract Documents and: 3.3.3.1. the orovisions of any such standard, spcei- ircation. manual. code or instruction twh0let or not specificalty incorporated by reference in she Contract 00cumcntsi: or 3.3.3?, the provisions of any such Carrs or Rcgv- lations appiictbtc to the performance of the Work [unless such an interpretation of the ptravisians of the Contrail Documents would result in violation of such Law or RepntationI. No rma ision of any such standard. spceifir}tian, manual. code orimtruction shall be effective tochange the dutiesand responsi'biliticsorOWNER.CON RACTORorENCrrNEER. or Inv of their subcontractors. consultants. agents. or em- ploycrs from those set forth In the Contract Documents, nor Shall it be efrcclive to assign to OWNER. ENGIo RKML any of ENGINEER'%(:onsultants. amts orcmPl Yces duty of authority ro supervise or direct the furnishing or nr)7f1i7_1 7 M per#ormsncc of the Work or.ny duty or authority to undo• tam t ,ponsitility irwinsiuent with the provisions of pars. I fraph 9.13 or any other provision of the Conusct Dm, menu. { 3.4. Wheneveriu the Con[raes Documcntst cw dcd"'"u ardercd: " "as directed: ' "as requtre: "asp sppivved ar terms of like effect or import ane used. or the adjwivts"'wra[ble:'.•suitmble:.'.� prO rca or °'satufactory- or ILdlectives cf like effect. Of imPoit ars used to describe a rcqulrement. dircetion. review or judg- ment of 1GNGINEER is MOO Work. It Is intended rbcs such requ'ttcmenL direction. rcvtew arludgment will be solely to the earnpletcl Work for corripliamc evaiuste. in Cent with the requirements of and informdon in the Contract documents sod con(orrttarrce with the design c0O=Pt eF the completed Project u a functioning whate as shown of indicated in the footnote documents tank a these is a stsocific stucetx:nt indicating gtlterwise3. The use of any tush term or adjective shall rwt be effective toassip to E Grkile NEor direct ER any duty or tudwrity to supervise fum£shing or perfortruutcc of the Work of any duty or authotity to undertake responsibility contrary to the provi- sions of Paragraph 9.11 or any other provision of the Contrut M—umcnts. /tnesndint and Su+ul'rfrmrruinx Gong poestmt_ 3,5. '[ire Contract Documents maybe amended to provide for addidonts. deletions and revisions in the Work ar to modify the terms and conditions thereof in one or tmom orthc following ways: 3.5.1. a format Writncn Amendment. 3.5'.. a Change Order Ipunuant to paragraph 10.0. or 3,5.3. a Work Change Directive tpwsuant to paragraph 40.11.. 3:6. In addition. the rcquircmcnts of the Contr= Docu- ments may lit supplemented. and minor variation`s and devia- tion -1 in the Work may be authorized. in one or more of the foilovning ways: of the Aravrints• Si ociFindont or other documents for copies of any thereon prepared by or bcidng the seal of ENGINEER or ENGINEER`s CansWtutt. trod (tal shall not roue any or such Dmwings. Specifiers- other" da:utr=u or copies on extensions of the E"jecs or any otherp -)m without wsitun consent of OWNER aril £NGIMM LrA specific written vetifg:alion or a4wi- by 3.6.1. a FIeld Order apursuant to paragraph 9.51. 3.6.2. ENGINEER'S approval of a Shop Drawing ar Sample Ipursuant to paragraphs 6.26 and 6.271. 0 3.6.3. ENGINEER's written intcrprttation or cl2rifyC2' tion tpursuantto paragraph 9.41. ARTICLE 4—AVA1L A'3" 1TY OF LANDS. SUBSURFACE AND PHYSICAL. CDNDTCIONS: REFERENCE POINTS hw i!* Ofd' (reuse of Do' u—ra: R. and any Subcontractor or Supplier 1.7. COQ an of or othcrpes:onoror7an rssian periortsung or(urrusbying y the Work under a direct or indirect ccnmct with OWNER tis shall not have or acquire any title to or owner%Wp rights in any 4.1. OWNER shaft fun sh. as indicated in the Contract Dgcurnm s. the lastds Upon which the Wont is to be P right afrwar usd +easetnents far access thereto. and sued odw. lavyds which are desipated for the use of CGNTkACMR- upon rc&vxouc writtcn request- OWNER shall furnish Ct3N- TRACMR with a correct mtdnenl of record legs4 title and legal descipdon or the lands upon which the'Wotk is to be p,Kwn ed and OWNE:Ws intvst therein as necnsary for tFi,ving motiac of or filmy s mechanic's lien almost such tends in ,ccn= with appl"sc}bte Laws and Reguladans. OWNER SWI idendfy any cr4umbMncC1 as rcstnctic" not of general &V plication but spaaFscally mIlLed to use of tatyds so famished wi h which CONTRACMR von have w comply in perfom-ing die Work. F,scnierns"for pCyvrrctii sin M'C's or penrtza tt changes in existing f=ilidcs will be obtained and Paid for by O%VNM unless otherwise provided in the Contact DO-' ments. if CONTRA R and OWNER are unahle to aZree on enti[lenyent to orthe amount or extent of any adjustments in the Aly in Contract price or the. ConeraceTimes ;ult or way or easements. de OWNER'afurnishingthese ! Lnds_ hcreftx as provided in CON RACTOR may nuke Articles ll and I�'DR shall provide (or all �. C4NiRArequired for addiLknW lands and sc.ca ss thereto tlut mrtay be 4 temporary cmtsuction faeilides or starage of materials and cyuiNuw<+it- .t.L Subrurforr arse[ pk-kj l Cond'6e1 s: 4,7-1. Repar+r and Drawinr•s: Reference is nada to the Supplementary Conditions for identifv=ian of: 4.2.1.1. Subsurface Candlrlans: Thosc repon&cf capla- radons and tests of subwncCc condidtms at or contiguous w the site that have been utilfrxd by ENGINEER in PMP'r'n5 the Consraet Documents: and 4' Y phvsfen[ Candirions: Those drawings of phyte candidons in or re126n6 to'".hcin; sariacc of fatnyuSite lesecPt Underyrmund strueturos. at orcontiguow to ttiC 'M1d Facilities) that have been utz�d by ENGINEER in PfePar' ing the Contract D- 00700-18 ti ?=. GLnired Millner kv ON rely upon the Fcnerxl Technical para: CONTRACTOR ClR rnay wAwr-y of the "technical data ' containted In Ruch reports aced drawin p. but mcb repots and dtawin>fx arc not Canuf I Documents. Steens "tcthni Y data" is iderid6od in the Supvk. mentary Cond4krts. Ex"T9 for such re"ance on such " Wch- nical data:' CONIRACTOR maY not rely upon or nuke any clamp M.Ainst OWNER. ENGINEER a ally of ENGIN CER 's Consultants with respect to: 4.2 2.1. the camfA,:teness of such reports and drawing for CONTRACTOR'S i4jrposes• irrAudinF. but tsar limited to. any aspects of Ute rnearts. methods. tecimiquM se- quences and procedures Of c"Irucuan w be ffn*yc d by CONTRAMR and safety preanitions and prolaani dent thereto. or 4'2. other dud, interpretations. opinions Ind infix- m1don cmtaincd in such repcx -s or shown or indicated in such drawings. or 4.2-2-3. anyCUN`LILAMRinterpsetationoforeondu• lion drawn from ally " lecbtieal dud" or any such oast. anterprctations. opinions or irdonrraikn. 4.1.3. Notice of EliQcrin; subsurface or Phvsfcal Conde`- rdonr: if CON'TRACIOR believes that any sub,."_--fzct or physical ccndition at or contiguous to the site that is uncovered o rcvcalcd either. 4.2.3.1. is of Ruch a nature as to establish that any ..technical data" on which CONTRACTOR is cntitled to rely as provided in pssagraphs 4?.1 and 4 11 is m21cr IY index -state. or ,4.2.32. is orsuch a nature as to require a char€e in the Contact Documents. or 4?.5. Possible Conrracr Rocurnrnrs Chaner. If ENGI- NEER Concludes that a change in the Contract Docurneats is required as aresult of acondition that meets one or marc of the categories in oara4p-30 4.'-3.. a Wort, Change Directive err a Chartge Order will be issued as provided in Attidt 14 to reACCI and document the csynscqucn= of such change. 4.233. differs matriallyfrom dill shownarirAkAtcd in the cconuact Documents. or 4.2.3.4. is of an unusual nature, and differs nutetiallY from condidons ordinarily encountered and ivnerally recog- nized as inherent in work of the clrar-dcur provided for in the Contract Documents. then CONTRACTOR shalt. promptly after becoming aware thereof and before further disturbing candidotu affected thereby or performing any Work in connection therewith texeept in an emergencv as permitted by pasapmph 6.231. notify OWNER and ENGINEER in writing about such condition. CONTRI.C- TOR shall not further dixtuth such eonditiens err perform any Work in connection therewith texccpt as aforesaid[ until rc- ceipt of wrin..-n order to do to. 4.2.4. ENGfNF.ER°s Revjew. ENGINEER mill ptompdy review the pertincM conditions. detemtine the ncc=ity or OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a urpY to CONTRACTOR) of ENGINEER'% Wings and cOt dusiont. 4.�, 6. Posriltle Price and 77mes hditrrimrnrs: Artcquitablc sdiustntent in the Contract price of in the Contract 1 -antes. or bath. will be MMwcd to the extent that the existence of such uncovered or revealed condition tfuscr In inaLaa.: or dc' eseasc in CONTRACMR's cost of. or time required for perfami,trtce of. the Work: subject. however. to the following: such corsdition must meet anyone or marc of the categories described in paragraphs 4.:3.1 through 423A. inetusive: 41_6' a change in the Contract Documenu pursuant to parIZI-A,ph 4.?j will not be an sutomuie autlsOdLuion of nor a condition precedent m entitlement to any Such ac[lusuncnt: 4?.6 7. with rrspect to WOW that is paid for an a Unit Pricc oasis. any sdjustmcnt in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.4: and 4? 6 4. CONTRACTOR shall not be entitled to any aojust=m in the Cutxraet Plkl alt Ttrnes if: 42-6.4.1. CONTE RACfOR knew of the existence of such conditions at the time COUTRACTOR made a final c mmiuttent to OWNER in respect OfCantraet Plus and Contract Times by tine submission of a bid or becoming bound under a negotiated contract: or 4.2.6.4.1 the existence of such condition could rea• xo,,bly have been discovered or revealed as a result of any examination. inwcstitration, exploration. test or study of the site and c(mdInjous areas required by the (lidding Requirements or Contract Documents to be conducted by or for CONTRAMR prior to CONTRACTOR'S making uich final commitment. or 4.2..6.4.3. CONTRACTOR failed to give the written e h 4.7_3. novice within the time and as rcquircd by parag p If OWNER and CONTRACTOR, arc unable to slrrec on entitlement to or as to tine amount or length of any such equitahtr, adjustment in the: Contract Price or Contract'I"tmes. I claim may be made therefor as provided in Articles I I and 12. however.OWNER- ENGINEER avid ENGINEER'sConsult- ants shall not be liable to CONTRAMR for any claims. cats. fosses or dantagcs sustlincd by CCINTRACTO Ronorin wnnecxian v.irlt any Other project or arnucipated project. A3. Pknical Cnndia'anr--U+idcrgrtTund FadL da: 4.3.1. Shokn or-�f.�n&'^Ca„red: Ila inforrnad_ WCCC res existing or IndjCatcd in the CM_ACt DL7ettnien, to the Site is based on UndC, ttwsxl Faalitics at or contigua 00700-19 46 F~ Wotsny+ion and duo fetttvshed to OWNER or ENGINEER by the, ownes's of S Mdl Undayromd does or by otherm linker it Y pvridod In rhe 5i �Conditiofw OWNER and ENGIN M' shat) nor be rctpArt- sibte for the LocuracY or co"nMetenest of any such inf0rtru• tyryn err ciao; and 4.3.1 2 The tmt of &L of the foflo'* i ttriil be irteLaded in the t antrsat lana and CONTRACWR da lave ftp t DAI tear 0, rt viewirtt ttrtd ctaed*g an such Warrrtasion and dull - in 1 locator: &u U ndaF wry rho * 4 err irk tae cow= 00tautn Ms. (tal coordimaim Of" Vk k With the.«rgersofarchUssdct� tart+ Uraw"O's- am 0A ttte s d,,Y &rad � � erten UrderymPLwr4 arty Fnca7'uiea ser lar idcd art ap day aP th to maim g Roto the Wrork. as err 4-31- is uflat Shown pr IntGt ottd If antticis rras tak err mvcd cion dVp— Llw site ar ae wist h - not &tttrwn err ittdi xxl In the COM-Aa-Aaoct- aveire th- C N- TRAMOR shall, prornptly atter is t+i •pcfuty furtl.0 d" ---V-,4 -04t;:rs z �t, Of r' forrrsirig any Work in � th (e Y pix in LA cm u r by Puagrao &M31 wrtkc "once to than wr of tush UnderlDa"�trd para kY "I [a'c pwnu and to OWNER and ENGINEER. ENGINEER -A promptly review the Underpnt4'd facility arvt determine the oil est: a !t ^.i :• r' -v Ar_j in the f' n, ,, ocua if tj to to awes of the Ooounteatts to reflect aratt d Icy. 1f ENGINEER con- cxisterxx of the U derw_,.W aired. a etudes that a chisty in the Contract l ui be�tucd u Wank Change oirem— or a C t such issued - ptovidad in Arkic 10 to reflect R shoo such ihuinx rotor tr o aund%ca�ity sibte for the safcty and prof R shalt lx rtl- as provided in parapalph 4--20. CONTRAM 10w+od &n increase in the Contrera price err an e� anribof th Coe nu%a Tisr►es or both, to the extent that they to the ,Lm= of any Underp td F—hty that was not sltowrn or indicated in the Contr=a Dvaumea"u and that CON- T-R,e+CWR did not know of and could " rcxsoriably have been expected to be aware of err to have andcifrued. If OWTIER and CONTRACTOR arc urnMc to aft 0"entitle- ment to or tllc amount or ten#stg of any such adjusuttent in Contra" Price or Contract 7 ima. COriFTR ACt OR tttaY rtt'kc a claim therefor as Provided in Articics 11 and Q. tdowcvcr. OWNER. FNGINEER and ENGINEER': Consultants shalt not be liable loCONTRACTOR for any claims—cent' losers or dar-Cee ire wrcd or susWocd by CONTRACmRon or in connection with any Other project or anticipated projcct. Wilhout the prior vmincn ssiVmvill of OWNER. COhtiitAC- TUR shall rrpon to ENGINEER wlsaaever racy .'cfcragce Point is lora or destroyed or rcgut ms seloatkrn b-- of nctesswy cit alf% to pedes or loculotts. clued "I be respon• ate for the & M or teloeatiott of suxh refer- ,,,= points by pagm;ianally gualdsed ptx300,od• 4,5. Ate- PCM' Ptulk"x"t- liaxaa dikes IAhasgc or RRtdio- attire K"arkh Refo um Paine: 4,4. OWNER shalt provide cnginccting surveys to estab- lish rcfcrcncc points for canstmc6on which in ENGINEER's judginen[ are nrxxssar'y to cnsbte COISTRIUC[n R to prorccd with the Work, coWMACTOR dull be Kspo+tsible far laying put the Work., shall protect and preserve the established reference points and s1taR nuke no C tanges or nel =60ns 4.5.1. OWNER ahatl be MW --&k for any As1>tauaa• mat. FmAam M> W iotn Waste or P46"i" IAatsx esti Ur WvCr,d or rem at ttrc She which was teat y or isaiased in Drs inp err $PIMU'"borLs or kk=UW in the CMcaraat aoc� to be aid= rite > , df the 14ra[4t and wttids any u a &w=6W +>aarc:% to paca"err P-Pecty exposed stserm w cot= with the Watt at the rear. OWNER d%&A oat be rMwaikk (0r *fty such antcruts braugtu to the site by CONrrRAiCTC]R. Vie. S401 en or anyone the for wborn CONTRACOR is rte. 4 S' CoiaRAMR aa inr• Cl two all Work in with Each bad Mian and in any .n, aic> yid it.ta"tty t==qXrt- guirtsl by pa� 6ML and f l tsorify OWNER and ENGIN EER tared dvcreaftor O=A= weh r> in writino' OWN CR t.ta pr,,,pttY eomj')t wits% F140Fr4 EER e in,y the ,,=:airy for OWNER to _lain a gtsallfiad expsst to e salt h=rdon txaodam err take opstntdve assiart- ifu.a'.CON. 's'MP.sem".trotL,rte' rn"n"%W,k in conneeoaa with such bA=rdous Cxoditioa or in any stash 39w,d arra urtu7 after OWN ER has obeaany r equiJred perinits mimed theraa and detivesed to CONTRAiCft7R sp ,m= M E;= fa specifying clot sttcls carrd,rion and any affected ora, is or hes bear nzdcrnd safe for tl,c ,,umption of Work. err fiil spa ons any spexaat cantli ions under -Nch such work may be rcvmvcd safely. If OWNER grin COIR,tarot LV= &s to endtlesnrnt to a the amount errcxtent of an s6lu0rrtcnt, if any, in Cent= Price or Co,,— Tunes as & nrsuit of stgc?t Work "oplM or such gra cardnwns under which Work is &Dred by CONT T7-AjIOR to be _warned- either patty "UY mxkc a claim Ihetcfar u provided in Aglkks I l and I2.. 4-5.3. if after receipt of such sPet3a1 wnnrn notice COKTRACiUR docs not aerec to resume such Work bascd on a rcasoruble belief it is unsafe. or does rtat ogee to resume such Work under such a� Garsdiesorts. lien OWNER may order such portion of the Work that is in connection with such I.W tidaus CaSrdilia'ra or in such af- fcxed area to be deleted from the WOrlrIf OWNER and CotfTRACTRR canna >c &s 10 e,,tid_%en4 to or the amount or extent of an sdjustw-nt• if 'V` 1, Con Portia n of is or Contract'limes ser a rMit c d a tucclak thirds as Warts. then either party tray ce nuY have such provided in Articles It and li. 0lmed by C7VJNER a own deleted poria, ,(,he Work p a forces or others in accord2rtcc'wittt Article 7- A,5.4. To the ftd Ica, extent ptcntitttd by Laws and ReB uias?ana. GWMER stroll isu3etn� GINE'ER. EN Ma ER s TP -ACTOR. SubcantruYora. 00700-20 i Consultants and the officers. directors. CMOOYM- &Fates• other consultants and subcontrSOOM of cicbarSnand any of atmales them from Lod apingall clain L costs. haste I ting from such IrWity out of or resulh Itararclon tardztion provided than f i any such claim. cost. loss or dsnesgr i utriWtAbk to boday'rttjury. sickrw11. disci+e or dcaah. or to iqury m or destnaetioa of tayible prop isy {other that the Work itsdrl, includinx tart lass of use resulting therefrom. and (1i) noticing in this subpat2r'+Plt 4.3.4 shall obiigue Own rR to indemnify any Person ex entity from and against the cow -410e aces of that persons or entity's own ncgli- gence 4.3.5. The provWmu of puntaphs 41 and 4.3 art not frtterAed to apply to M bWas. PCB fit+aicurn. if LMdous Want W W ivsctive Material urxovmd or revrsied at the site. ARTICLE S. --BONDS AND INSURANCE JSrrj<prrnerrer. +aa W d Qahrr d3Oak: 3.1. r'ONTRAClt3R shill furnish f'rriortrunee and Pay- ment Bonds. tacit in an anottnt as lrxu uyuil to the Contr= psiee as security for the faithful ptrfOrrnan' all CogrRACMR's obbgatiew under the Continin D0CV- rrtents. These dards shall ternsain in effect at Seasr until one year-afaer the date when fires payment b COMCI duc. except as provided Otherwise by I-Aws or Refutations or by the Contract Documents. CONTRAMR shill also furnish such other Bonds as are required by the Supplcmtnary Cond;aicrts. All Bonds shill be in the form prescribed by the Contract Docu- ments except as provided otherwise by laws or Rcrulatiorts. said tlW1 be etecutiod by such stuetict tis are named in the current list of" COanp=WS Holding C,ertihcaaes of Authority as Aoccpmbk Sureties on Foden! Bonds and as Acceptable Reinsuring COmpsetiee' es published in Circular S70 tarncrrdcdl by the Audit Staff. I up= of Covrmnxlnntt rs inctai signed byra- in t"sons. U.S. Treasury of such aby agent must be artOtttpartaed by a eerrihed copy authority oto act. 5.2. If the surely on any Bond furnished by CONTPAC- TOR is declared a bmtkrupt or becomes insolvent or its right to do business is to n inatcd in any state where any part of the prance is loosed or it caries to meet the requirements of paragraph 5.1. CONTRACTOR shall within Ica days thereaftc r substitute another Bond aped surety. both of which must be uceprable to OWNER 53. ficerued Suredu and inrurerr: Cerof"'ta ajdnrtrrurrre: 5.3.1. All Bonds and insurance required by the Contract poeuments to be purchased and m2iinained by OwN ER or CONTRACTOR Stull be obtained front surety Or insuraoce t COmPanics that are duly licensed or authorised in the juris- diction in which the pr,: c= is located to ivae Bonds ar insurance policies for the 'limits and coverages rt cod. Such surtIF and insurance n also ch additional requirements and qt aMea"'O" as may be prw vtded in the Supplerncntar3 (onrittions. 1.3 `. CONZOR shall deliver to OWNER, with copies to each -eldiaiotutl insured kkntiW in tete SuPplc- nxntary Conditkxm testifxAzt-S of ittntrrarsee card other evidence of insumme requmicd by OWNER or any athcr additiortal insuredl which CONTRACMR is ttxyuired to pumhasc and maino in in aaaaandart with fsaragraph 5.4, OWNER shall ddiver to AOR- with copies to evich addiiwrtaf kttuxcd Mentlhed in the SupplcmentarY Comitiors. cert6cates of irtsuranhtx tam other eywence of irahtr requested by CQNTRAL-IFOR Of any other addi- LKNW insoeds whkh OWNER is tsquirxd to Pumhlse aW OuL ntain in accordar.= with paw SA and 5.7 hereof. CnNTRACMR''s fir+ fad" 5.4. COIJ?�ACwR shall Punch— am maint1711 such liability and other in acs is apprapriatc for the Work being p,erfo ned and furnished and u wit' Provide prmtcction from claims set forth below which array arise out of or result fv_ ffrp�ar_st�v,. lrerfnrntance sad farnishiaat of the Work ad, CCyNTIOCTOR's cow Obligations under the Con - [oestru=s. whcthcr it is to be perfornned or furnished by Cohq-RA [DR. any Subcontractor or Supplier. or by anyone directly or indirectly em,PlOycd by any of them to perform or furnish am of the Worst, or by anyone for whale act$ any of them rn3y be liable- S.a.l. ciairm under workers' cornt>cnsation, disability bcnehts and other sirnitar tMPIOYec bench[ acts: 3.4' claims for damages beeasuse of bodily injury. oc- cupational sickness ar dissc=— or death of C014T1lAC- TOR's ernPloyecs: 5.4.3. chines for d ursapc because of bodily injury. sick- ness or disease. or death of any pctson other thin CON- TIt,ACTOR's employees: 5.4.4, clai nes fordantaFes insured by custorrtav pc rsOnal fit by any injury liability coverage which are sustained: person as a result of an offense directlyr i or�ed to the emptavment of such Pe-rso y CONTRACTOR- 61 by Inv Other Paean for any other reason: Claims for darnnes. other than to the Work it_u1f. because of injury to or dr:sxruction of tangible Pro Pc . wherever located. including toss or use resulting therefrom: and 5.4.6. cla'srns for damages because of bodily injury or o of rets death of any person or Property daacc aruang Ic rn ownership. m2intettance or uSe of any rno tor vatic 00700-21 40 F- ft policies( Imsura+su so required by pY+br+ 5.4 to be pumh., vd artd "nWned shrill: with r� tD insuu= � r� by & 5.4.3 throupt 3.4.4 IncLusivr irrdude u rdtiitioml 4sa+b a any wst wary arefus w u resipect of pM(CS si %W l'abiiisyi OWN ER. ENGIN'CER. F.tl{3INi�R'><C+th- paltants SAY OLWpaw °rw6aca ttbst[ be L91A " �ry Cor►ditions. at1 of Cavcrapfor Ifte respcc6 "c ad ditiortai {ra mud s. and incluesu olfice+z aril employs of sr i kw-cdl' 5,4,6. Inetudt the slleeifse f�ovefa#ca writltn far Mot Leas than the lurliu of liability provided in the Surma mattuy Condiriaxv ar required by LI, I PePUtions- vhk#Icvrx � 3.4.9. indude caomPleted aPeriati`ns "mrance: &tree uP0,1 the V&rk a the rite in the uncitint of the full int cost thereof ftattiat to Ur -h dodtsca'Uc amrwnts u may be pmMed is ltte SttPplemer=y C.-ndl6m% or re4ui,od by laws aid ReVA&I30Ml.11us iM%UMA= shall: Top- ice- ENGTKEER. ENOItZiEWS Con- " any other P or egsihks ida&iad in the su�ty Ca""Ueach trf wham Is do=ted SLI have srt irk brut and ttsall be listed a'1 an hwm td or �diciotni irtsttr'ad: 3,4,1v. indttdc eonostt:aW IisbTrty covering CS?HTR,ACMR-s indeft04Itll +moo under W"r%0A 4 Q. 6.16 and 6.31 throuO 6-33: t i.N [. frintain a Prtm ,on a erdCrscmatt that the taovv,p affordtxl will trot b,,-naetlk+d- Mw --0y cha4+" `d or rcae" rtcfustd µnail K lexis thing days prwn **tcn nou= tsar been riven to OWNER andCOMT-ICMR" to rel Other aGditirxtal irusrred tdcrt HW in the SuPPkmcri- pry dons to wtw, , tp— ,,&= of �y thc ....4 (aKi the Cerdfur�t S 31 Wei w pfrN Cy�L-MR purswnt to Parspa s vide:): 4.4.12 rrrnain in effect at'kast unul foul payment and at when COMTACIOR rna'y be cornec it - n tunes thcrraCtcr Work. in I rdwice nK, fcrtwrirt; or tei''�3°g drjrctrvr with f aph 13.12: old 5.4.13. with mpectto carnpietrd operIli" irtsui&ncisc. and any anac e0,,a t<'c w'iu' on: cltsrtt�rrsade tnsst restrain in tffux faf at kast two YLus after ftrtai pays fend COt --MR hall furnish ()WNEi' acid e'ch athu addi6orul iMu d idurtified in the: Supplancntafy Gids' tete of insursrtce Inas beat issued tions sn whom a reneif stx:±c tviderxx saasfactory to owriLK" an y L,aumd of continuation of such inseu = at final Payr -'t and ane Y*2r thcr"2fterl. L)WH R"s LLabUky Inrurunu: 5.5. In addition to the insut�rtee tcqui es to be provided by C:OrrMACToR under paragaph 5.4.OWN EP- at 0WNER'3 arxl ntainUin 91 OWNER'S eltp-'%C Option. airy pt,rthaat OWNER'S own liability insurusce u Wiii proud OWNER which tray mise irate op=tions under the i�ainxt dtirns Con rad Doua.ttents. flan 5.6. unless otimrw+ise Provided in the Suppi Con- 5 OWNER shall,Purchase and msinUht P-Pffty ituur- SAI. be w6u,, t at a iluada's Risk "4{isk" 0C °fin ear katal mµacs of km pal farm taus shall at lust irsrirade for phYsipeg km or damage to the 5lrrark- v y . fljsew,Mt and VYark 10 uwud and stsall i," Wmw at last the fo0owfmi Pxtla fug-. U0 .. g- ess06W ,wxsxa - dsctt. v wb rtsm am MASdaus imichid. cu,*� wftpsc, debriot rt Mw,%L d.&U- o of I.av+s assd. Vis- vraac.r elana;'c. �� perils, y be spraaf+�Y by ttte 5.&J. indu& Cg incurred in tt-4 Mwr of rcpt-- rrteru of any iM.,u 'd pet—rY (tndtriar� but not limited to fres and Ch ria of enaioers rid 41cthecuh t� aid � Stored at the site of S 6 4. cower in wTbin%by OWNER �... a.`.. Vrvin itlat rotas all[rd tO pnof to brim inr,Vorue d in the Work. p -id d 0,21 -C- ",to" ucatsscto" sod cqWMWK have beat irr>ludcd in an APpI+--- tion for PaYU;W rtmmmendcd by E14GINEM and 5.63. be maintsitted in core a untl fry OWNFSL s o"" ,,Menathcr`tj$c aFv d to in wtidn; y TR�,i,CIt:3R and ENGINEER with thirty clays wry notice to each caw r"do" irtsumt to wham a ccrtifiats jrt� has bow issued. utd maintain such bailer a �0 5.7. pWNER &WPurcltxsc mail iauuarre ar rtdLlit oral prt>SI M tnstuattc+c as tc be reauitcd by the Supltltmen"a+y C4"ii°ons ai -I Rana whieut will indude cite rntencsta sLSubaoatuwcarxa.ENG1h1Ei�t.gKCIINEI; 's COttn m or cntitres identified to t CO(IMI lett am any other P rzo to v, SuppiemClttarY Conditions, cath of wtwm is doettrad zn istsur+Mc interest Anel SIWl be lisud as an insured a ,Aditianal insured - 5.E. All the Policies of insivarxx Gard th° eatrfiud other e,ndrsrx thereof) rxRtmted to be purdas u S,6 art reined by OWNER in a_"t� with pa a OW the cove -4 Will contain a ptovisian cw�fdorrtxle+ a,rd d until ar least thin�Y dal-' p� awn noticto a tiven to OWNER and CONIR�TOR hss oe zdditionai iruured to whom a exrtificzu °{ ins in w issued zed will —','n waavCr Pr° puagtzph $.11. 00700-22 C7 3,9. OWNER "1 001 be ttsfsonsible for pair h ilitn&Ind ts of mttiotsininll any property intttratice to protect the COITMACTOR. Subcontractors of others in the Wirth to the extern of any deductible iimmats that are idenlifted In the $trplYlernentarY Conditions. The risk of loss wit:rin such igen- tifsesl deductible amount. will be borne by CONTRRMR. SubcOntractor or others tuffefing any such loss, and it any of then, wrWKS property Insurance coveme within ttr. limits or asich arnotpata. each may purchase and maintain it ah tht purchaser's own expense. 3.10. If CONNT;V=R MQUMttt in writinf that othrn sp,,,W ittturarscetreistcludcd in rhe propcnv iru irtence porkies pforidai under p+ lahs 3.6or 5.7. OWNER dull, if I»30- b1c. Include Such insuram". and the cost tlxrwf will ix charms to COMWCIOR by -ppropcwt Chatv Order or Wliu= Am,,dmrit. Prior to ctarrutscneerstent Of the Wbt' at rite site. OWNER shall In vwritin` advise CONTRACMR Wftc,her or trot such other insuraricc has been procured b! OWNER - sal. wai-r of Rljlust 5.11.1. OWN'FR and COMPLA TOR intend than 111 Policies patreuuA in acearciik— with parafraphs 5.6 and 5.7 will prcaca OWNER.. CONTRACTOR- Subcontractors. ENGINEER. ENGINECA't CXK13UltanU and all other per. Sana or ,,tines idcntihed in the Supplemen[uy CorAitions to be listed as insureds or adAitkKW insureds in such Policies anal vritl provide prinsgry covcnge far 111 lasses and dwWes causal by the perils covcrcd thereby. All such policies shalt contain provisions to the effect that in the event of paynvmt of any loss or damage the insurers will have too rishts of recovery against any of the insureds or additional insureds thereunder: OWNER and CONTRACTOR waive all rirhu against c1cli other and their rexpectfve ofrx=-%, directors. employcca and s;eatts for III lasses and dwWcs caused by. srisi"n= out of or reahattnr from any of the Veils coycmA by such policies and any other property insurance appliable to Ute Work, and. in addition. waive all such lifftts arainst C"it+rnnte�rann FNftltrFFR FNC1"F'FR'r (`-1. —1a and all other persons or entities identified in the Supptemen taryCoadidons to be listed as Insureds oradd idoral insureds under such pol-sc-ccs for losses and dairugu so caused. None c the above waivers shall extend w the rir hu that In pang making such waiver tray have to the procccds of insurance hetd by OWNER as trustee or otherwise payable under any policy to issued. 5.11.2. In addition. OWNER waives alt lithis against cotTrRAMR. Subconuutors. ENGINEER. ENGI- NEER's Consultants and the officers. directors, employees and agents of any of them, for. loss due to business intcnupdon. loss of use or other consequential loss extending beyond direct phys- ical loss or dunage to OW'NER'S pmpcnv or the Wort: caused by. arising out of or resulting from ire or anter pc fit. whether or not insured by OWNER: and 5.11- :. foss of darnape to the compacted Project pr Par( thereof caused by, arizing out of or rcsuldnii. from 6 r or other insured peril covered by any property inzuranct marnuused on the completed Protect of put Uxrtof by OWNER during p'nW utilixatiort pursuant to Israrraph 14.10. aner substantial Completion pursttsnt to partg7aph 14,% or siter final paytnent tnsrstutnt to faragi-sph 14.13. Any insurance poticy otaintairsed by OWNER aovcr rg MY loss. duture or cx vAcivential loss referred to in this paragraph 3.11 2 owl contain pnrvizi to the effect flat in the cveta of payment of any ztrch lost. dahWc or consequcnd l lass the insurer's will tale 0 6#" of recttvtr•y Mounsi any of CON - TV-A`rOR.Subtormstctors.ENGINEFR.ENGINEI R':Ccnt- sultanu and tk alTsccm. dsrcz:tar°I. tmplayccs Ind agcras of any of thein. Reccipe and APPLWAWO of Insurance Proceeds 5.1_ Any inssutd ions under the policies of inuaz= requimd by paragraphs 5.6 and 5.7 will be s4*9, d whit OWNER Inert nude payable to OWNER as ftdLiewy for the iruuued... Is their inutrrsts tray appe-r• zubiect to the require - me nes of an&POkzbk tasor *Lg a ctausc and of PuMrapls 5.13. OWNER Q%0 dcpdsi: if' a segs -z: accesrt Lay Monty tri M.z4ivW. Ir.S Shall disirilatrte it in accordance with such agrtc anent as the heres ies in intt may reach. If no othfr'sperial R aaemem it ntached the daxt Wd Work shall be rep6red or replaced. the rnarccyz so fercived applied on account thereof and the VArrk and the Bost thereof covered by an appttaltriuc 5.13. OWNF-R as fiduciary shall have power to adjust and setik arty loss with the insurers unless one of rhe pstsiss in interest zhall abject in wriung Within Nu:en days after the occtsrtcrsae or loss t4 OW'N ER's exercise of this power. If tasch objecsion be made.O'WN EP, as fiduciary shall make w0cra"t Willi, the insurers in -cc rdutee with such z ctots the the parties in inecrest tray fra, ds a4 If no surt�c arit panics in interest is f+emud. OWN ErR as fiduciary shalt adjust and settle the loss with the insurers and. If required in writing by any party in interest. OWNER as fiducial shalt give bond for Ute wvptr pufonnancc of such duties. Arcrnenrwt of Benda and lnrtuvner: Option to Rrptoce: 5.14. if either parry (OWNERor CON7'TRAMRl his tory obiecuon to the coverage afforded by or other prarisioru of the Bands or irtsusartce requitt d to be purchased and rttaintairsed by the other parsv in'rC rdutcs with Art ctc 5 an the basis of rsors-conrannarce with the Contract Ooccurncnu, the objecting party shalt so notify the other party in whiting within icn days after rcccipt c the ccrufhcstes for other evidence rcqucsttxll required by pilrayraph 2.7. OWN ER and CONTRACTOR "I each provide to the other such additional intomlItion in ��f of insurance provided as tate other may rcasanxbly req either Vary docs not purchase or maintain all of the 13ortds and insurance rcouired or such party by the Conu-x of�h f rntrc such party shall notify the other pany to purchase prior to tltc start of the Wo& or or such failure to maintain prior to any change'in the requited eovtr4c. Without prejudice to any other right or Fctncdy the other pasty may etect to obtain equivalent Elands or insurance to pfosect Such other party's toterests at the cxperue or the party who suits 00700-21 4 mquirrd to provide &rich oovO W- And a Chan c Order &hall be issued to adjust the Contra= fries —dingy. of Utlfircparsv fruxm+rte. 5.15. If OWNER finds it netsxsuy to O=" or oru a Norrioc, or portio ns a f the Work print to Subat JAW CarapletiOn Of all the Work. such use or orxrtwrwcy my be A0MvtplWM4 in &=ordance with p1ragrVh 14.10. pt'rr"i6ed that eo Well use Or comptartcy &heli comtp rrcr b fore else trdw=i providing the Ply j usm cc have ackrwawltgod oadee thereof ural in wridnf effco,d any donrc3 in c0va7ge trrrrSaitated thereby. The insurers pert ndsog the vvp"Ty irtw_ranec stroll cerement by ,ndorvz�ert M the Policy or Oki- but the prop-- irwu- sm,e awl nos be cwvc>dkd err perraMM to i+trse on .acount of any such PartW use err oexarparPcy. AR'f'fCLE&--C'4 -'roR'$ RIM FONSIBILTTTE5 Super,itlaa and suprrrn�rr rx� 6.1. CONTRAO fL)R &lull luperarise. inspect & d Queer alto Work carnpstcndy ..1d efficiently. d --i"4 well an`oo thtrcto arwf npplyirg such shills and "pm-tise as Puy be noeesssuy tet Perform the Work in Accardanee with the Con•• trust [lucttments. CON RACA7R shalt be solely mspormbie for cite means. methods. techniques- Soq uesrca arra prOcedures of corwnaiom but CONTRACTOR &hail not be "SPO"WC for the nc#i tc= of others in the dcsign or sp-A=d- of s s,paifje means method. technique. sequence or prvetdure Of cunsuuttion which iS shotwn or indicastd in and expresslY rcquired by the Contract Dotun-w— CON'TRAC OR shall be responsibic W are [tut the completed Waris complies ascu- rately with the Contract D --T- s. 6.7. CON-17-ACMR shall 'kccp an the Work at all tunes shall'not tx nrplsccd without written notice to OWNER and ENGINEER except under extraordinuy circumstances. The superintendent will be CONTRAC OR's reprrstdtative it the site and shall have authority to act on betalf of CON -MAC' TOR. ON- AC- TOR. All cornrmnkwi(M to the superintendent shall be as binding as if given to CONTRACTOR. Labor Afaucridx and Eq 94 'rT -: 6.3. COly MACTORshallgrOvideoompetartt.suitsMyqual, ifsed persostnei m survey. lay out and consumer the Work as required by the Comate DOetrrnens. CONTRACTOR shall at all times maintain good discipline acrd order at the site- Except as otherwise [squired for the safety or protection Of persons Or the Work or property at the site a adiatent thereto. And except as otherwise indicated in the Contram Documents. all Work at the site shall t+c pcnnrmed dunntr rvvtar•wtukinF hours and COIR wrli not ptznit overtime watk or the perfor- mauxc of 'Want on Saturday. Sundry or any ketal is Wry Uithcxrt OWNER'& written consort th- alter prior written notice to ENGINEER 6.4. Unless othet'vrise speraf+ed in the Getxral R,equire- nxrus. CONTRACTOR reboil Rrt►ish and assrune fitil MVOn- aibilky far sell otic pis. • bb". mm -USM wr- ripencm and asachWery. [acts. appBantxs. W. USM. heat. U4ephotte. water. . tempo— MY (=UK, sure all other' facilrocs and brodentsls taetxstsary for the fwnisivrrg. performas+oc t,esdng. rets; -t -QP and tixurs+Pk- tM of the Work. 6..S. All anccrizU and cq a trent alraB be d Rood quality VA ere.•. euzpt as mthavm Mwfided is the Co Mlha Dotxr- e cM& All watsaurti et and pWuua Wa0cay called for by thaSpmmastiawrs stall aapsexdyrw to thebeat& o(OWNER- tf tt**W by E240INEFJL COMMACPDR dan l+ m&h �, e�ridtesoe;'� ts�ror[s Of [�� t+xetl � to the kkrd and qualify cif MUCJLU sued "p t- All maMAX ls and equipment &lead be applied. usualted.. c=*oacd. traaad. =d. =nds kacd In s,, ---e um -t "d! Of the appbc" Supplia. caccpt ss vthu-ise provided in the Coraza Dotutr=UL Prorrm sdta"Lrt 6.6 C ot;T CAS p slue sAhcc toft proyre-si s-hedule estsh,htd in sec -rd-- witty parav4ph 1.9 as it [nay 1r adjusted from time to turfs ss pmvW d below 6.6.1. CON TPLAC OR shill submit to E14GINEE R for at pence tto the extent indicated its pLmV aPh 7-91 Pro - Posed 6dyt uncnu in the pmp= sehodttic that witl not ch -Ste the ConuW Tunes t01 Mae uoncsl.Such adjust- ��Mcth n ureal.& will e s conform gtnerauy to the pr in tdfett and additionally will comply with any provisions of the General Requiaearrrtts appfrazbte thcatto. AA7 Prrxvwd tet usrnvnis in the art»& Adredule that will dun=e the Contrast Irma for MdeS nes11 [Wl be sub rniaed in actordancc with the tequirements of parap'xph I2.1. Such adjuurmnts may only be made by a Ciwtae Ord cc or Written Amendment in secOrdsrrec with Article I".. 6.7. .5ubuitu10 uratic "Or-Egruu"' larrtr: 6.7.1. Whenever an item of rnxterial or equipment is spcci6cd or described in the Contract DOcurttrnts by usurp the nate of a PMP6=q item or the muffs Of a Par n or descriPti(m Is Lrttrr" to Supplier. the apeeafrc.6 Unit�s the establish the type. function and rlssalitY requited• vuards spetifecation err description contains or is followed by resdirtg that no like, equivalent Or "or egr+ai item or 110 Other items of rruterW or equip•• substitution is petntttted. SuPRI� maw ere mcnt or material or equipment Of ottrer accepted by ENO IN EER under the fdlovvinI�t OU700A24 40 0 6.7.1.t. "O�FiaeaP": 1f in ENGINEER'& sale discre• tiara an item of ntaterial or equipment proposed by CON- TV-ACTOR ON•TRA R is functionally equal to that vete s be cicntly similar so that no change required. it may be considered by ENGINEER as an ..0'r -equal., item in which rcvac w M apprwaJ of the gropoaed item may. in ENGINEER's We disrxctiorr_ be aceamplished without comc4Lancewith some or all of the reAuirrmenu foraetepeartrt of proposed subssh= items. 6.7.1._ Sublasurr intra, If in ENGINEER"s sole discrerion an item of material or equipment proposed by ColfrRAMR does not qusJify as an "or•eA item under subpalratr'a4Jt 6,7.1.1. it will be considered a prey' posed substitute item. CONT7tA1:-fOR skull sasbtait suffr rdens infesrrttattott as provided below to allow EN0114Ei to determine glut th. item of majaW or equitffwt pt,i,posr_d is esse+t"ly equiyalcnt to that narrtrxl and an ,=eptable substitute therefor. The prcecdurc for "vie by the ENGIFJEER will include the following as tuppic mcnted In the Cicnsral Itcqubxn- tnt.s and as ENGINEER may detidc is approprialc under the circurnsnr>xs. Rc- qucsts for Irvic-+r Of prapcased su4sAiiuis ttLr'ia of C4�.:rra1 or equipment wia not be acccimed by ENGINEET. (tom anyone other )tart CON VLAC OFL If iCONT"RAMP,. wishes to furnish or use a substitute item of material or ,equip men t. CogI7A.MR shall fiat make wsium 1001 - cation to ENrtLNEER for accaeptastc dwfccf. COCtfir'S that the profused aublaLute Wal peifunn &44Q"0v (ire funesaons and "hievc the resuits called for bvthe Firers) dcsilin. be lis olIr in subsuuaec to that spcCikd and be suited to the sane use as that spe-cified. The apOicuion will statr the exteast. if any. 10 which the evaluation arra atcceptxncc of the proposed substitute will preiu4icc CON - TRACTOR'S aclucvesrtcnt or Substantial Completion on tune. whethe r or no t o cceptancc o f the s ubsu w re f or use i n the Work will require a change in any or the Conv= Docunvesju for in the proyWons o[ any other direct contract with OWNER for work on th. frrojcctl to adapt the desigat to the propascdsubstitute and whaw or not incotporation or use of the substitute in connection with the 'Work is subaect to payment of any )'sense fee or royalty. All variations of the proposed subttiwte from that specified will be identified in the application and, av3ihb1c nWnL&r=ce, repair and replacement scrvice will be irdi- cated. The applicaeion will also conuin an iremized esti- mate: of all ants or credits, that will result directly or Indirectly from acceptance of such substitute. including costs of redesign and claims of other contraetars affcctcd by the trsulung c?range. all of which will be cortsidcmd by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data abotn the proposed substitute. . ccMttruclion is shown or indica W in" cIprtaslyrequired by the Conuxet Documents. CONTRACTOR may furnish ar uu7ir:e s substitute means. metho& teehnique. iequesnae or procedure of ccrtstrucwn acceptable to ENGIj4EER. CON- TRACTOR shill subnt % sufficient information to a11ow ENG( - N EER. in ENG I NCER"s sok discn6On. to detern"ne that the tubsututc (proposed is eaquivsskrn to that estpr=xsly ladled ("by ,he C�snuata poesonenu. Tice procedure for review by ENG! NEER wrt'tl be similar to that provided in subpafagrnh 6.7.1 It 6.7.13. Ci]NTftAC7i7Jt"r Etpensr: All data to be provided by CONTRACTOR in suPPO n of any proposed ,or -equal" or substitute item will be a CONTRACT'OR's expense. 6.7.2. 5uh.stiruu CprrsrruC+ion Aterhads OrProerdures, If a specific mcaiu. method. technique. se;uence or promdurc of 6.33. Err/'neer r E"aLwatinn: ENGINEER wlll be tdioaed a reasorratbte tjmc within which to evaluate each pmp*W or submitassl rrsarCe p,xs�waw nn tis 6.7.13 and 6.73.. ENGINEER wM be the sole jW1C ag acceptability. No "or- equW' oc substitute will be ordered.'%seeped ar UWUM withow ENGiNEER's prkw"iuen acsesptaarce w"kh -11 W evidcr=d by either a Chatnae Order or an is mWd Shap flet r+o+t&- OWNER tray reaquirt COIR to Nnlhh at CONT'RAC'iOli's capere&C a atm t'd rfantce or other suatsv with tem to any "or -equal or subsawte ENGINEER 011 record time required by ENGINEER sad ENGINEER's ConsuLlIms in evalwuirtf substiwtes proposed or iuuen",: db} C"7." sore-lnP, ::tr;+� .~! 7.1 and 6.1 and in tssakinrdunl_ in the Conten Docs mrxrts f or in the provis>otts of Ray cow direct contract with O WN ER for W04 on the Prajtxxl be�asianed th=by. Whether or not ENGINEER aceeM•s s twbsutate item so proposed or submit- Wd by CONTRACTOR- 00KD AL-M'Ft snarl rornburse ow-,xfk for l`_- u`.a-icf £"rGlureu; seal E140N'1=Ep'1 Consultants for evaluanmg cash such proposed substittsse item. C:arscrrnurg Sa ranvdrsara. suppae z and Others: 6.5.1. coamo =R thall not crn{tloy any Suborn - tractor. Suppltu or other pers.on or organisatian tiricludinx those acceptahk to OWNI<R and ENGINEER as itsdicued in paragraph 6.8.71. wrltctltcr initially or as a snbWtutc. atrainst wborn OWNER or ENGINEER ouy have reason. able Ob wjon. CONTRACTOR shaft nix be rcquised to ploy a„ y Sir. Supplier or other person or OrTzlizItion to furrith or perform any of the Wash itpirtsI whom CONTRACTOR has rcasonatrtc oo}ccuort. If the Sutspiementary Conditions requite the iden- tity of certain Sui conn'ec'tors• Suppliers or other persons or oryaniurions (including those who tic to furnish the prirsci- tw items of rnastrials or equipment) to be submitted to OWNER in advance of the spcciflcd date prior to the EfTective Date of the Agrrcmcnt for acccptanccby0WNER and ENGINEER. aryl if CONTRA�[�7R Ills submittedd a st thereof its accordar x with the Supplcmestury Condi- li tions. OWNEKS or ENGINEER'& rtcrcptatcc [either in waiting or by Ealing to make written objection lltcreta by the date irsdicalted for acceptance or nbiecdon in the Lidding con - documents or the CoRlt` 1 DoCUrnentsl of ani such de tificd ,,actor. Supplier or other person or aryasuzauon so idea may be acvakcd on the 'rat's of reoaonable objection after R shall sub- due inwstifation. in which cis" CONIIkAL'11} unit be mit an acceptable: substitute- the Contract Ft'cc v cacti adjusted by the difference in the cost occasioned b• 00700-25 40 I 1• I uibsutution and an appropriate Change Order will be issued or Written Amendment liEned. No aexeptartce by OWNER orENGINEER of any such Subcontrattar. SvWk:► ar Other pc mon ororgissixaairxs shall eons6tutc a waiver of any rich[ of OWNER o ENGINEER to rcjcc: dei, tahy Work. CONTRACIPOR %hall be fully responsible 10 OWNER and ENGINEER for all arta and omiuions of OK Subconuuwrs. SuMicm aM other p -arsons and oq%Aiz] tions per& r ing of furnishing any of the Work undef A threat or irsdirecs contract with CONTRACTOR just a CON- TRACTOR is MnPo $Nt for COKTRAC OR's own Acts turd oresissiorat, Nothistr in the Contract Docuircitts shall crate fnr the �nelst of any such Subeonuauor. Suppler � alher parson or ofpanix tion any cotulractwd rctuknOw bctweat OWNER or ENGINEER and any such Subaoer, varxor, Supplier or other Paw or argausirssiort- — shall it ucate any obligation on the pan of +OWNER or ENG'I. NEER to fay or to see to the paysneru of tmy monco duc any such Subcomracior. SuPPtkr or orha Person or orptti• xation except as may otherwise be rtquistd by laws and RegstlUWM 6.9.1. LONTRAUIUR stall be sanely raponstbLC for sehedutinr and eaafdWLLi" the Worts of Subcon= mcultj. Suppliers and other persom and orpnsrarions pelortnintl or furnishing any of the Work under a direct or indara eoouraa with cONTRACI OR. CONTRACTOR slash rcauirc all Sub- erntr=wrs. Suppliers and such othef P"WU and orprsa - tions performing of lurmshing any of the +stork to canutwsW care with the ENGINEER shrou, It iCONTR.OR. 6.14. The divisions knot sections of the Specifxaricns ancd the identifx•suions of any Drawinp shah not contras CON' TRACTOR in dividing the Work among SubcontrActots ar suppliers or delineating oc Work to be performed by any specific trade. 6.11. Ali Work performed for COIR by a Sub- contractor or Supplier will be Pursusnt to an appropriate arsccrnent between CONTRACTOR and the S ubcontracto r or Suppiierwhich specifically binds the Subcorurutoror5upplicr to the applicable terms and conditions of the Contract Docu- ,. f_rtM.i.._.r,crnwucn.!:A EurtprcCR.w-.v.,.. any such &Vac hent is with a Subcontractor or Supplier who is listed as an additional -insured on the property insurance provided in pirafwh 5.6 or 5.7- the agtement bttween the CONTRACTOR and the Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supolier waivfs all riglsts apinsc OWNER. CO'NTRACT'OR. ENGINEER. ENGINEER's Consultants and all other additional insureds for all losses and damages caused by. arising out of or resuttine from any of the Perits covered by such poikics aril any ocher property insurance applicable to the Work. if the insurers on an;• such policies require separate waiver forms to be signed by any Subcontractor or Supplier. CONTRACTOR will obtain the same. of the Work or the incorporation in the Work of any invention. designs. pfucem prodtics or device which is the subject of patent rights or copyrights held by others. Lf a pLnkuhr 'tnvestaoa. dWpL PfOCC= product Of devioc is specified in the Context Docurtsenu for use in she perforn Inict of the Wont and if to the actual knowieedge of OWNER or ENGINEER Its use is ctrb)CM to putnt rw- a copysithts -Ong for the paytneru of any lwtrt•ac foe or royalty to others.. the existence of ssseh tighu shall be disused by OWNER In the Contract OorvmaerAL 7'o the font( cum permitted by Laws trod R•e>lularkxts. COM[Ri4C' R sha7 iadcmnYY and hold Isnrssi- L,u OwNE& ENGiNEBIL. ENGINEER's Csastal[atsts tend rhe of =%. d iromortl. Q*QYC= ►stat o0w consultants o! metra and any of tlhrm [total aril ag>t"e all balms, cans. loues aid dL=Igcs t WM9 dol of or resulting (start any of � tit;turs dt''ro�pyri�ts uiad+eait w the use i n We pyo of tlws Work or nmoba frM sloe Incot#rora- tion in he Walt of arty desire. per- podaa or &-vv= rsa Wacifiod In the Cora -set 1J6t<atrnent%. an the Sup terr"ta y 6.13. Unless otltesiwtrse pr'o'vided " Conditions. CONTRACTOR shall obtain arxi Pay fitr All cttn- sirucxixs pe=UU am licsstsa. OWNER shall assixt CON. TRACiOR when rAcegWy. of obotiniqP mp cts AM IKZn ra CONTRACTOR mall pay on€nof the Werk. sial in IIpection fees neetm" for the was—nion r. bkh are appikable at the arts(: of operant of bids. or. if chest am no Bids. on rhe Wetaive Due of the AFrtctnent- CON' TRACTOR shall gay all char;es of utility Owners far connoc- uons to the Vrtark. axed OWNER shoots pay all chanes of such utility owners• for capital costs related thereto such a plant invesunentfecs- lir ,Ad RrrwLssianr: 6.14.1. CONT'RAC 9Oft shall rivcail noucu and comply with in Laws and Rcgsrluions aPPlicable to fumishing artd performance of the Work. EX=Ptwhen: othcr Wise expressly required byappfrcabkLAwsInd RrTubukxts neitivex OWNER oar k..l`tttlNtGR snail be mponseoie for mortuaring t..Vr - TRA.CiOR's compliance with say Laws or Regulations. 664,2- if CON'L'R.ArvIC}R perforans any Wock snowing or having m 2son to know than it is contrary to Laws or Refulations. CONTRACTOR shalt bear all claims. casts. losses and darnagc3 caused by, arising out of or resulting therefrom: however. it shall not be CONTRACTOR's Pri- mary resporuibility to nuke certain that the Specyfieitions and OravAngs are in acsandlme with Laws RRM RegutTRAC- but this shill not relieve CONTRAC s TOR's oblipations under paraVIO Truer: Parent Ferr and RoraKirs: 6.15- CONshalt pay all sales- consumer. use 631cONTRACLC}R shall pay all lice rsc less and rural• and other similar taxcs required to be Paid by CONTRA(–TOR and Regulations of tile' place of ties and assume all cores incident to the use to the pertiormantt in accordance with the LAwa 4 r he project which are applicable during the ptrftxTt'ct of lire ris tW06.these record doasmenu. Samples and Shop Draw- -R will be dclivcmd to ENOINEI: for OWNER Hort;. Snfrn end Pfwreda^r Ila o/ P'.yMiscs: 6.16. C'ON'TRACOR :hail to(%Rrw- ransuwraion equip" mrera. [tre storage or ,Icrws and equipmtem " the Opera. ,ions of veorkerx to the site and land and oreas ldendW in and ptxrttittcd by the Con UAC Aocurrrestts y crrniam p,,r,Jt d by laws and Refulat'rons. ri[h casements. and shall not unreasarnbiy cfratmber the Prean+ " with tonlMuctiOn cyurPnymt or other rnaterW6 or equipment. CC)MI CTOR shill aswmae full MWxW (or any W W arty wh luxe or arcs, or w the owe or ooCWpant thereof or of any adiacrcnt ktnd or arras" re=lt'r4 from rt+c perfornurr-e of the W-ir- Should any eta m be psads by any suckr owttcr of soar.. because of the Pafof the Work:. CONTR!'L70R shall Prey scale with saKit CMOs party by ne otiltkon or oti'ervr. resol're the darn by arbitra- tion or 'other d1sc>++ie rcWutiuln PrO=CdMS or at law. Co". TRAC`kOR ahsll. W the fulkcst extern Pcrmirtal try LAwlarraRevuLtdion.i. indcmnifY and hcdd h.,uless OWTIER- £NGl- NEE . ENGINEER'S C,onsulcant and anyone dir=ely or ind'rrsedy cm*ycd by any of them from and nta+ all Cairns. torts. lasses and 43-4- arising out of or resultixr from any dnim or sa=me. kO or'-iu+tibk. lx*u& by any aur-' "ne.r or oc=pant Mainst OWNER. EN01H ELK or any Debts pa n On hrdemtrihed "rertiurtder to the ti extent ci ed by or based up o CONTRA=R's rrtrioTmt:rttt of the work 6.17. Durinj the lmogtrss of 11' Woe" CONTit+rAMR altstl keep the premises fret rrtxn ar-cumutm6ofu of Write lom the Wo& At mstcrials. rubbhh and odwddxis Multists the completion of the Wars CON7OR Skull rerr»yt all waste nvtrrWS. rubbish and debris from and about tris pre. "n scs as well as all toms. appliances. car` vix--tion uluiwr —t and ntsch,ncry and surplus m3tcr9als. CONTRAMR shall irsyc the site clean and ready for orr uPrky by OWNER at Substantial ComPk� of lire WOOL CCONTRACMR shill mstote to origirud e"ition all property not dcsiEnalcd for ailutaiwt. ul ;,.... - 6.18. rONTR/MR shall not load nor permit any Put of any structure to 1,.e kxided in any Manner tlla twiny 1� °r the nd3siter the uauut:src. nor shall CONTPJCM stresses or any es that wall Work or adjaacnt propu Y to endanger it. 6-_7D, CONTI OR ilull be respomuble for init"di"Z. tauintai[tittt MA wpc r' ►ll safety Prveautioru am Prv- > in c+cereaazlion with d, Work. r0l riRACMR shall take alk PMMAW�os for the aarny of. and bull proyidc the ruoeMM Pot -won to Pre— dsmagc. knjury tar loss to: &20.1. all persoot on the Werk site or who may be aNtctcd by the Work: 6 10 :• ji the Work and rider sls and egt,ipmtnt to be tein• wh4'shtr in storage on or obi the site: her and other prtapesry at the site or adjaant thteatto. iswdudint oress.,s►trubs-kawtu. wants,. fu"a roadways, stru"rm Uuu4tx and llrrdcagsi+r+r•' ::e<"" Stas dal: ruaad for retno+w • �^ or tlaccitrtnt in the -u Me of c ommuctinn- RecmTd UocruncTers: 6.19. COritf7tJuCiCaR :lull maintain in a safe place a[ )the site one roxTd copy of all fh awitt4s. Sea liolns. hddtltdx. Written Amendments. Change Carders. Work Changs D rsc byes. Ficld Orders and written intsrpreastions and elaraf"2* tions Tissued pursuant to Paragraph 9.41 in gaud order and annotucd to show kt1 changes made during tatutMetian. These recoi-d documents together with all appravcd Samples and ■ cauntctpart of all appro+"ed Shop ihawinip will be available to ENGINEER for refentr�. Upon camnletion of C,OKTRACICaR shall CIOMPly "fit at11 applicable Laws and Re#tdatioas of arty pandit: body having'ju+iulis iOn for safety or av w ptwvxi dicnt f LAA dtu'ai-. l ti ;,r or tussis or pro re tain ail ruxx u7 sah�erards for such am :"silt Crec3 surd main R hall notify o+wn- csafay am property(Cakam of U�s nderpv-w Fa+e"Cs and en of adF> tt txtrP �y Ivo of the Wank may'ffoa them. utility agmenhen wPhu rcnToral. and "I craopc Me with them in the Pwtt[onASl durrut c. r uton and replacemxtu of their tmPcmy. 620.2 or injury of loss to Baty prupcny "fond to in psratwh 6.20.3 cau od. directly or indirectly. in wfiolc or in plat- by COLT OR- any Suboonu+ctor. SuppAier or any other or indirectly crrtPloytd by any person or orgxrtiation duvaaky of 'them to petfortn or furrnslt any of the Work or anyone for whose etas any of them may bt: lixhle, shall be mctttadiod by COQ pR (c,=pt damagc or loss uvibuialrke to the anx or to ahc acu or omissions r.nlr of fkiwlrtrs or Spocdtcau wont or or Ow-NER or ENGINEER or ENGINE.ER•$ tons anyo re: emt�yod by any of them hose seta a ar anyone for whose of them may be liable. and not aMbvtsblc, direcOY or indi- rectly. in whole or in Pam to the fault or neaiirence of CONTRAMR or any Subeonul-00f. Supplier or otltcx per• son or arganimLion dhutly of indirectly employed by any of them). CON'iRI LIOR's duties and tesfurLuVUpeS (or safety tinic as and rot Proletaiar+af the Work ENGINEERW I mn6nu sus usuod sucha notice all the Work is completedRin acrordancc with far - to OWNER aM CONTRAM grsPh 14.13 that the Work k aracptahie tcxccpt as oa erwsle- expressty provided in connection with Susta bntial tions. Safra Reprr$tW4d'9: 1 R shall dc$i to a quayifrcd and txpe^ 6. 1. ales, rtpr=e duties sari iienctsi �ftSV tep�sethtatlye at tkrc filC whose 007f10--27 nesponsihitiucs shall be the pm-,cntion of seadenu and the maintainint and supervWAg of su'cty precalllions and pro• mutts. vii &-d Carerrtrutk4don fraKrrrmr 6 —)% CONTRACMR O all be taportsibk fiH COOtdinurnt any ext wlc of rnatcrial safety data sheets or other ME" commulitation irtformaLim required to be made evaitsble to or cxchanmed between of aawrgf employers at the site in scree= dance with lasws or Reyuljuims. Epw rentia: 623. Mn aafix sine care saresy or pnotedtiEM of p,Mns Of the Wrxk or property at the We of adaacxms dwrelo. CONTRIiCiOft.. withouit special instrtsesixsnt Or awt- tawnizxtion from owHE t or ENGINEER. is oElilrawd to W to prevent rhreucned d_ ag_ boury or lass. CON- TRACTOR SW give ENGINEER Pmerapt wrinjo aoticc if CON-rPLACM11 bdkvcc"Any at'trscant dtan0's in the Work or vuiwions from dee COrttratx Daessrrsenta have been caused thereby. If ENGINEER dsseralines that a Change in the Contract Documrnls is required because of the action uk,n by CONTRACTOR in response to such an enverP s'icY. a Work Chante Directive or Change Oster trill be issued to doeelonent the consectwTIers of such — ti -6-2A Shap f7rrt-i W need S-99- 6.24. 1. ys 6.24.1. CONTRACTIOR shall submit Shop OrawirrRs to ENGIN ELR for review and approval in aocordaurce with tha acacpted schedule of Shop Drawings and Sample sttber>>"Ah Isec patra;raph 2-91. ASI subminals will be idendfle9d as ENGINEER MAY regUire and is the number Of copiex specified in the Gcne:W Requirestscnm The dsu shown on the Shop DrawinF% wal be txmmolew with mIPW 10 gtranU- ties. dimestsions. speciriod pedortraurrae and design cri tri materials and sirnilar din to show ENGINEER the maacn- a11 and equilxncru CONTRACTOR proposes to provide and to enable ENGINEER to review the irdormation for the limited purposes required by paragraph 6.-6. 6.24a CONTRACTOR shall also submit Samplts to ENGINEER for review and aapraral in accordarxe with said -cc: icd schedule of Shots Drawing and Sarnple stcb- minsis. Each Sample will be identified ctculy as to Male" - Supplier. pertinent data such as catalog numbers aril the us-- for sefor wlfich intended and otherwise as ENGINEER may require to enable ENGINEER to rtview the submiiW for the iirrtitcd purposes required by Wrninvh 6.26. The num- bers of c=h Sample [a be suornitmd "I be as specified in the Specifications. 6.15, Subr+u'anr Prvcrd ury 6.75.1. Bcfaru submitting csch 'Shop Omwinf or Sam- ple. CON-rRAG TC]R shall have detcrmined and vefiricd: 6i5.i.l. all field MCULIrerntnls. quatltities. dimes• siatts. specified petformiance crittria, ituall.Won require - menu, mu,crW$. csulog numbers and similar infortnition with respeer thereto. 623.1'. all rrutctills with respect 10 intended use. fabrication. shippin, harrdting. sWrale, atscmblY and jrtsulsrttiots pcanwning to the paforrtuusce of the Work. and 6.35.4 all inrorsttuion relative to CONTRAC R's Gore responsibi'litia in respect of means, nxshods. tech. rsiques, scqucnraet and precedo"3 of construction and stray prVcWAiO0SVW»s incident diereto. CONTRACMR sha11 also hart reviewed and coondinased rads 'Shop Orawinl or Sarnp♦e roach other Shap Lks++rirlla and Sampk3 VW with the rNuiretTomts of the Yt%rk and the C,,or urw Goeilmw[ntt. Mach subalit7[al will bc*r it stamp of apcd& w,,en imdi W on Nus CONTRACTOR has sasi%W CON- 1'1rJiCTC:° `s e!r!ij3:sts+� s-.�. s."h'i<.w:�. !�c�s:..� •• w-; 4 trspaet ro CONTRJIC'1;T7R°S ncviev+ and approval of than submiseal• 6'33. At the time of r=* submission. CONT1> AMR shall gi, ENGINELR specific "a— troche of such vui- stSc^: rr =,y. th;e t! -Shap Dn ir,: or e«-`1cFbe .ul5tssixttd may have from the requirements of the C -w --t Documents. such notioce to be in a written commt-iatipn separate from the submittal: and. in add'it'ion, shall cause a specific rtarsrion 10 be msd,e on each Shop Drav+irtl attd Samrlc subrnitrtd to ENGIN EER foareview am approval of c=h such variation. 63.6,. ENGINEF-R vnll mvicw usd approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Samplc submittals accepted by ENGINEER as re- quired by pua.lraph 29. ENGINEER's review 91111 approval will be only to determine if the items covered by thic submittals will. after installation or incorporation in the Work.. confaim to the information liven in the Contract Dvctstnents and be compatible with the design concept of the oompletcd Pmjcct as i 4r1I FwLLVI{I4 +.�4 is H;;.4 u.s W...= ENGINEER's review and approval will not extend to means. methods. techniaucs.. scqucrm= or procedures of construction lexcept where a particular nw=. method. technique. ac- qucnce or proccdure of corwruct on is sf ihr4ly and cx- prrssly called for by the Contract Documenul or to sar«y pretatttians or programs incident there10. The review and approval Oft scoratc item as such will not indicateapprovaa of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEETIA and scull tai ed number of co restcd copies of Shop return the req Draw - view and infs aSamples for Fiend submit as required few Pnuan in approval. CONTRACTOR shall direct Specific artetofor by %vrilinr to revisions other than the corrections c>J lcd ENGINEER on previous submittals. 6.a7. ENGINEER -a review and approval of Shap Or4w- in fs or Samples shall not relieve CONTRACTOR from- resp°"' sibility for anv +narration from the requirements of the contxx 00700-7B 40 ryceumcnts unless CONTRACTOR his in writing called Ehl- iINEER's attention to tach such variation u the tifata of .ubrttlWon as required by;QrW30 625.3 and ENGINEER has given written approval of each such variation by LPod tt vntten notation thereof incorpom(ed in at. a000mpanytns the ihap Drawins or Samtle approval: nor will any approval by ENGINEER relieve CONTRACTOR from f=P*mUity for eaqqAyittg with the feg mflvenu of pxrMTA10h 6=5.1. 6.311, where a Shop DrawUq or `ten* is roWired by the Contract Documents of the adadedute of Situp Orawirp sad $unplc autmitswra accepted by ENGINEER as rtstuired b) h 2.9. any retarcd Work performed prior to ENGI.. NEER-a review and approval of the pertinent sulx %hW will be al the sak expense and rcsfortuUity of CONTRAC'Mp- C&wL,itdnir rhf Work: 6_'9. CONTRACTOR shall carry on the Watk and talkers to the prosresa schedule donaf 0 disputa or dLUVtcrncnU with OWN FR. No Work "I be delayed of pDuponttl pend- in; Mlofurion of any disputes of dis1VvMvMU. 41et;it 1$ Permitted by p 10 15.5 of of OWNER and CON'iW.. IOR may otherwise ogee in writins.. 6.30. CtiNTRA.CT0R"r GeM" 14isrtrrrtra us/ 6w"""r: 6.30.1. CCSN R.I MR warru[ts and ttuaranters to OWNER. ENG CN EER and ENGI NEER's Cc shot all work wilt be in accordance with the Contract Documents and will not be drfmii-e. CC]NTP_4 ~ [CSR's wunn[y and guarantee hereunder excludes defects or dantase caused bow 6.30.1.1. abuse.,modificstianorimprt7trrriain[ertarroCe or apcmtion by persons otltcr than CONIP-A=R. Sub- contr'actors or Suppliers: or 6.30.1normal wear and tear under rcMW usage. 630'? CONTRA "f OR's obligation to PCTfOml and com- plete the Work in accordance with the Contract Dontasents shall be ab%otute. None of the following will totuuean sccaptancc of Wolf that is not in =cordarre with t he Contract Documents or a release of CONTRl+MR's obli- gation to perform the Work in accordmwc with the Contract Documents: 6.30.2.1. oburvations by I INGINEER: 6.30.2.3. recarmnendation of any progress or final payment by ENGINEER: 6.30:23. the issuance of a certificate of Substantial Cornpletion or any payment by OWNER to CONTRAC- TOR under the Ccnv= Documents: 6.30.2.4. use or occupancY of the Work or any pan thereof by OWNER: any nuxptsncc by OWNER oranytailt)re to do to: 6.30..6. any review and approval ofs, Shop Drawins or Sampte submittal or the issuance of a notice paOf `c=V- ability b ENGINEER pursuant to r1graPh, t 6,34.25- any inspection,ttaorapprovalbyotheaY:or 6.30.=.$- any cvrTCxio0oldereoh-r AIOitbyowt EK 1 erdt�wniircaa�an: 631. To the fullest"Let" permitud by laws lard Rel! AW' tions. CONTRACTOR shall indemnify utd hold harrnlcss OWNER. ENGINEER. €NGINEF3t'1 Carmult.snu and the ofRecrs dueetofa. =VWy'ces. "-- and osier oonsulratnU of each turd any of them from am aPS M sac Chinos, ossa» and dale? M Iirchmbni but not IvWwd to AD fees Cud dnr1" o(er4racers tkcc „ anorsarys and ad= pror-alormh and alt crrun of amiitrastan of Gala dup`"tc resoldGon costal r la:s.-a bv, arising out of of result r fram the PCrfMvM6Mof the Wark, peed that any such claim tersest. km nr dsrnsse= fit is utritr able to bodily injury. siehrte= diveasc of dcath.'or to injury fo or desartxlion of tsrtlabie V-Pcrty kosher that the Work itsctft. including the loss of use rcaAdvil thacffWL and tiir is csuscd in wh»k in j-oa b+ 1rii r. Oscn.t :.et as amiuion or CONTRACTO R. any Subconvactof, any Supplier. any person of orinn�¢ion diroetly W indatcrfy carpioy by any of them to perform of furnish any of the Work of anyone for whose acts any of shafts —y be t "Ci resardkss of whether of no; eaiuul in parrs by any nrsliseocc or omission of a person or entity indemrufsed trere "./ or w1K,0w-r liability is imposed upon such indemnifscd party by laws and Regulayortt fid. lets of the nesl'usenee of any such person or entity. 6.3P. 1n any and all cIJUMs 4Wnst OWNER ar ENGI- NEFR cr any of their MPOCtivic ewttul=U- agents, afficen. directors of employees by atny ernplayee Cor the survivor or pertonah representative of such emptoyeel of CONTPUA T'OR• any Subcontractor. any Supplier. any person or orpnh=ion emntnyM by any of them to perform err furnish any of the Work. or anyone far whose acts any of them may bt liable. tic indcrnni v=Wn oblipskm under paragraph 6.31 shalt not be limited in any way by any timituion on the amount 0 type of damrtx ages. omnsaslan or benefits payable by or for CONfR1CTOR or any such Subconuacsor.5uppi+cr or other person or ory niraaion under workers' comperma ion acts. disability benefit acts or other employee benefit acts. 6.33. The i 14obttendr o ns of the liability aN OR, under parAMP 631 shalt at NEER and ENGINEER's CO(uUtranu. officers. db'cctofx. cmploycei or agents caused by the professional nctilgenee. errors or or.dssions of any of thern. SuMvd of obUeaiaru: and 6.34, All rrprcacn[adons.indemnifiations. wl^i�c with i h guaramees made in. re€lvited by or given in aceorda 00700-29 i the Contract Docunwru. as well at 0 continuntg oNiptions indicated in the Contract Oocumo tS- will survive final pay. mono- comPtcdon and aocep<ancc of the Work aro] termination ex completion of the Asrcemmt. AR-11CLE: 7 --MER WORT{ 4rlaerd Wog* at Stirt: 7.1. C7MNER may perform other work rdsud to the project at the sit= by OWNER'S own .forces. or let other direct contracts therefor which shall contain General Condi- dons similar to lhesc or have other wont perfortsted by utility owners. If the fact that welt other 'wort h to be ,performed was trot noted in the Contract Documents. them: iii "(= ntxiec khetcaof ,vii; be given w Citi. iRAMivil prior to Starting any Stich other wart. and fill CONTRAC- TOR ,wary mike a r.lsim therefor u provided in Atucks 1I and 17 if COR AC OR believes that Such perf*ftrtar A will involve additional cxpcsLtc to COHTRAC1C3R Of re- quires additional time and the ponies arc unable 10 apvc as to the amount or extent taercof. 7.1 CONTf RACCOR shall afford each other eonuactor who is a putt' to such a dived contract and each utility owner sand OWNER- if OWNER is performing the addi- tional work with OWNER's employeesd proper and We access to the site and a reasonable opportunity for the introduction and stors4c of materials and equipment and the execution of such other work and dull properly connect and coordinate the Work with theirs. Unless otherwise Provided in the Contrux lirxurnents. CONTRACMR shall do all cutting. ftttini and patching of the Work that may be required to make its several Parts come together properly and mtc- gratc with such other work. CONTRACTOR shall not en- danger any work of others by cutting. excavating or -d other- . uw _.-- ..._.. - a ..M.� n.�v �. with the written consent or ENGINEER -M the others whose work will be affected. The duties and responsibilities of CONI'R.ACIOR under this paragraph are for the bene tit of such utility owners and other contractors to she extent that there arc comparablc provisions for the benefit of CON- TRACTOR to said direct contracts between OWNER and such utility owners and other con:r=ors. 7.3. If the proper execution or results of any pan of CONTRACTOR', Work depends upon walk performed by others under this Article 7. CONTRACTOR Stull inspect. such otlrerwork and promptly report to ENGINEER in writing any delays. defects or de-ficiencies in such other work that render it uetavaitablt or unnuitsblc for the proper execution and results of CONTR.ACTOR's Work. CONTRAC OR.'s failure $o to report will Constitute an acceptance of Such other .pork as fit and proper for integration withCONTRACMR's Work except for latent or noruppsrcm defects and deficiencies in Stools other work. C 7.4. If OWNER contracts wish others for the performance ,(other worse on the Pmj= at the sire- the fallowing will be set forth in SuppkxrnenuutY Conditions: 7.4.1. the perutt. firm Of eorpefstlan wrltp told have authb(ity avid responsibaky for coved iadots of the activities amort, the various porno aawar>curs will be ikrxrtifted. 7..4.5 the specific nuiri s to be covm4 by such author- ity am responsibility wr7l be iterruad: and 7.4-3. the Qaiunt Or Such authority and rrsports+-bdities ww be pttnvided. (Unless othcr�'isc provided in the Supplesnentary +Conr3i- tio,, OWNER shall have tote authority and responsibility in le of such coordination. ARTICLE "WNER'S RESPONSIBILMES l.1. Eaa[+t as otlserwxss provided in these Genua! C�ndi- tions. OWNER shall issue all commtus� to CON''1 tAC- Tftp thfmrsh ENt;INUR E.2. In cue of termination of ux employment of ENGI- NEER. OWNER "I aProint air cztgincss agatnxt wham CONT"RICMR (Makes no rcasortahle Cinjectitm. whose status under the Contract Documenu ths11 be that of the former ENGINEER t1.3. OWNER shall fumish the data required of OWNER urdcr the Conwact Documents pmmpdv and shall ((cake pay- ments to CONTRACTOR prompriv when they are due as provided in paragra0s 14.4 aryl 14.13. 11.4. OWNER's duties in respect of providing lands and casements and peoviding enrineering surveys to establish rcf- ent:ncc pains are set forth in pu%4 aphs 4.1 and 4.4. ParMT+ph 4.2 refers to OWN ER's idenLdV rs and making available to CONTRACTOR Copia of reports of explorations and tens of subsunc,e conditions at the site and drawings of physical conditions in existing strut:neresat of contiguous to the Cite that at have beutilised try ENGINEER in prepuing the Documents. 83. OWNER's responsibilities in respc^ct of Purchasing and mainlining liability and properly insuravtcc are set forth in paragraphs 5-5 thtough 5.10. 9.6. OWNER is obligated to execute Chaaee Orders as indicated in pxragmPh 10.4. 8.7. OWN ER's responsibility in respect of certain inspec- tions. tests and approvals is set forth in paragrtplt 13.4• S.B. In connection with OK'NFR's righ[ to stop Work or suspend Work. see pwrAVAphs 13.10 sass 15.1. VwvVraph 15-7 deals with OWNER's light to terminarc services of COM TRACTOR under cousin circumstances' Oa7O0-30 C-1 g.9. Tho OWNER Shall not supervise. dire or have control or suthodty aver. nor be ccsportsiblc foo CONTRAC• TOR's arcane- rnuhcds, tr hniqucs. sequences or procedures of construction 01. the tafery PM= GOM and praises incident R to eoegrly vAlh thereto. or for ray failure a taNT the u.ni Of �or- laws and Re(rulatrms apps nwtce of he Wank. OWNER vn-II riot be respanslbk roe CONI f0R't faituno to perform of furnish the Work in accordance with the Conuact D,acurncnts. 11.10. OWNER -S res xM."bility in respect of urdisctosed Asbestos. pClls. p�etrotcurn. 14-wdous Waste of RsdrtnrarvC Mtu=Ws uncovered or revcsiCd u the site i1 set frxeh in paraSraph a.5. 9.11. If ants to the extent OWNER has armed to furmish COLOR ressonabla ev1der>+ee UW financial urWW. nscnts have been made W Sarisol.OWNER': abfig]liotls carder the Contract Oocurnen s. OWNER's respansUity in respect thcrco( will be as sot k4th In thzlitinrs- ARTICLE 9—ENGINEER'S STATUS DURING CONSIitUCTION � o""'a Hryrssrer0m.Ff: 9.1. ENGINEER will be OWNER'S M t''tive during the construction period. The duties and F-3gorteibolitia and the kinuwions of a awfity of GI get forth WNF Contract sentative during consstactyonENGINEER In the Doctrntents end shall not bC extended without written consent of OWNER and ENGINEER. Viraux to she: observations or CO wnL4.CWR's Work ENO INEER "I not supervise. direst. control or have Mhotity Over of be rC"XXr. sibtc for CONi'RAC MP's meters. Me""' tochnique's' w quenW or procedures of or sire taktY Prarau- qucnand proiranrti accedes thcreto. or (Of any eau = of tionzCOMMAR tot Comply with Laws gaol Rc#laticxss apfsl'r C.'fK7 cable to the furnishing or Ptr(Or "of the Work- Pro%ea RtpMsr'u�s.r: 93. ilOW1#ER and EttG1N£1 R atm• ENGINEER will fumtsh a ticsrdent Project Rxo*ttve to asset FNOI• N EER m pravidini mom coadnuo" iOn Of the WO - lZ+e porositxliraes and audwrtty and punitatiasv 01c— Of any Rrsitxm Ftp fin, Solve and &%sugants twW be X3 pr in paragraph 9.11 turd in the SAY Conditions. if OWNER daifiva ar>atlW ropresemrative or a to OWNER at the sine who is roost ENO" 'es IdEIR's Gottudsar+t. AP"'bileti other will ar.,i authontY art! �" �'s^-e1 be as provided in the Ststrpteo+entary Cacditiarts. 9.2. ENG{NEER voill make visits to the site at croak appfapnatc to we Y&nvus &,arra N EER donne ncc tvw-Y in orticr to observe as an experietscr cl and qualified dmign lnvfessional the prngreas this Isis been made and the quality of the various aspects of CONfitAC• -['OR's excraned Work. Based an infornalion obtained during such visits and obsenvat OM' ENGINEER vn'il endeavor for the bencfitof OWNER to determine. in Peneral, if the Work -ts proceeding in accordance vvith the Conuact Documents. EP- GINEFR will not be required to make exhaustive or contmu- Ous on-site inspections to elteck the quality or quantity of the Work. ENGINEER's efforts will be directed toward Providing for OWNER a p e acr degree of confidence that the completed Work will conform generally to the Const= Documents. On the basis of such visits and on-site observations tENGhe I k and NEER will keep OWNER informed of the progres will endeavor to guud OWNER against defrcnive Work_ EH - Ito observations we subsea to all the finsitarivns on ENGINEER': authoritY and rrsponminitty set forth in paragraph 9.13. and particularly, but without lirnitad0n. during or as a result of ENGINEER'S Oft -site visits of I t 1vv,adosu gad 1--q+ M: o a. ENGINt FR wib issue with rca,sorubk PrOffWKne*s sett rroiar interpmestiaaas of the regAfe- ments of the Caasract Doe nos lits the farm of I]rawinP or othCrwi:set as E8GWEER ntay deeumune na y. "Id' shalt be consistent with the intent of and roasts ably fnferahle from (,antrui �. $tom written cavi [ntcrpreutarts -in be bindits= ern OWNER amCDN"iR/1C- TOR. If OWNER or CONTPLA,MR believesthat; a written et46fKLtion or intettrret"M justifies an adjtasunent in the Cantrset Price or the C__ -.a Tunes and the patsies are unsbtc to alriae to the amount or extent thereof. if any. OWNER or COj AMP, may nuke a -croon ctaafrt ChuClar as Qri. vidcd in Article I I or Article 17- A Id"ittd VM"i Onr'A Ward ' 9,5. ENGINEER m1Y authatiu minor variations in the Worn from the regwMmemts of the Contract ts which do not involve an uljustment in the Contact Prise or the Contract Tinct and arc Ca MP u-bYe with the dcatgt concept of the camptctod 1'rojett as a functioning whole as indicated by the Contract pgctunents- Thcte may accatttpistlsod by a Field Order and will `se binding on OWNER and also on C0NTRACIt7RwhQ"tperfontttheW0rkinvolved Olde mPtcr If OWNER or CONTRACMR believes that a teeldd (4r justifies an adjustment in the Contract Price Or the Contact onto' Times and the parries arc unzbte to agree as to the amo rnzY Bake a extent thereof. OWNER or CONTRA=inr�ucIcSRI Or S'• wsinen claim themfar us provid iRrivaing Urfecdre Work. 9.G. ENGINEER visit havc au4rarity to dis2ppr6ve or rcjeet Work which ENGINEER belicves m be drfecrive. or 00706-31 F] r that ENGIN EER Ix i-- -11 riot pmducc a nompkxcd Project LW nonfarm to the contrace'Dcumenu or that WM preytsclice the intmgsaty Oi the design OXWXtx of the con ed Project as a functkx irts whole as indicated by the C ruratt 00DOMGnts. ENGINEER will also have authority to teei'ure sial inspoc- tion or testing of the Worst as proyidod in paragraph 13.9. whatlux or not the Worst is fahtimled. iuWkd or completed. shnp Lirvx.i:rrr. Chen ;e Orden and P4? - 9.7. to roruwction with ENGINEER tiawhoft as l h 6-M 90 Shop Drawin pand 5arnpits. see pa inclusive. 9.t. In connection with ENGINEER's authority as to ChaW Ordcrat. see Articles 10. I I- and 11- 9.9. in ex npcedon with ENGINIEER'a atdhtirity as !ho Appliataons for Payment- sat Article 11, p,uypw� ns for unit Prkri: 9.10. ENGINEER will detcrminc the SMW quLAt:wk%antd tSasstrcadortt of Unit F4ioc Worst perfortncd by CONTRAC- TOF. EVOINFIF. w*ll .ry rw wfwh r5r7FfTFtAt-MR ty - FN- GIN1 ER's prdiirnio-y dcterm rr d-1 ort Oxh moors bd— radeaing a wrirrus decision the moo (by motion of an Apptk=ion for Payrrscm or otherwise). ENG WEER's wrr ten decision thereon will be final and binding upon OWNER and CNTR,µl2'filR- unkm within ueaa days afar the dam of any such dads;M. either OWNER or CONTRAMR delivers to the other and to ENGINEER written sena of intention to appal from ENGWEER's decision and: lil an appeal from ENGINEER's dccision is taken whhio the time limits and in ,ccord.= with the prvccdums set forth in Exiubil GC -A. 'UsPutc Resolution Agreement." entered into between OWNED[ uA CONTRACMR puruum to Article Ib. or OR if no such f7is;wsc Rcsoluion Agrserncnt has been entered into. a fomvl procced.trlg is instituted by the MnxW4 Parry in a forum of can pacm juriuiiciiOn to exercise tach rithts or ENGINEER s derision. unless Otherwise speed in wrid" by OWNER and CONTRACMtL 5eseh appeal will. not be sub�iect to the pn>coduiwes Of I—$riPh 9.11. 1)ccWom as Oitpu—: 9.11. ENGINEER will be the 'initial interpreter of the requirements of the Contract Do -menu and judge of the acceptability of the Work thereunder: Claims, disputes and other matters relating to the acceptability of the Werk or the interprttuion of the requirements of the Contract Documents pertaining to site performance and furnishing of the Work and Claims redder Articles I and 12 in respect or changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a rectucst for a formal derision in accordance with this para;raph. Wrinen fw'--c of each such claim. dispute or other matter uwi11 be delivered by the claimant to ENGINEER uxltheotherpartytotheAVtcff rttpromfxly tbuc in no cyou tater than thirty daysl aha the trot of the occur once or c VM thigh; rise thereto, sad wr ttm supporting data wnit be submhted to ENGINEER and the other party within sixty days after the stern of Loci; *ec wrcr= or event unkts ENGINEER allows an add hionA period of time for the subosissioet of s"tkxW or tnsx tterrurate d= in of ssuh claim- tf we or other Ria= Zia Opposing patty shall tubrrtit any mqortu to ENGINEER aed the dslmmt within U11Yry days after rt +t of tit C1SIrt9A[�� taSt allblttY l �fttl lCa'3 ENGINE Mk allows asiditkxW thUCL ENGTT4EER will trader a formal dmhon on iu wrong wOm thirty days aft- M0*4 of the oto party's tmbmi=L Jr ray, in jecosrdartec wM this p srapaph, ENGMEER's w00= dociskc an tach chum. ditputc of other trance will be final and btudirs tepee OWNER tad COIR urdcu: [I) an appal from ENGINE -ER's d.,,w,o is taken within the rune Umisa and its aaeadaaoe'with tate set fords is E)CHfBR GC,iI. "`Diaa�ue Rcso- s, ernteard shoo herr ecn GINNER rad C 0N- TRACICIR pursamM to Article I& or nu If no shads Dirixae Resohom A ocroeat has been cohered issm. a wtiucrt 11406m of intension to appeal from ENGINEER'a t wts u= detasion is de6vess4 by OWNER or CON ItAMR to tee Other and to ENGIN EXR wishin. thirry day's after the date of such derision and a (enrol Parafi its by the appot iunt Gey in a forurti of eornp amt Jwtsdiction to csexrtsc such rights or rcvvedmm U the sPpcalinc Icy may have with respact to turh Maim, dispurtc or other. _tatter in accordance wwhh applicable Laws end Regulations wi%kdn sixty days of the date of tsx-h dec4ipn, uruess otherwise aslcexd in wrtung by OWNER and CONTgACMR. 9.12. When fwtuionsng as interpreter and judtc under paragraphs 9.10 and 9.11. ENGINEER will sat show partiality to OWNER or COMPVCI'OR and will not be liable in eOnneesion with any intcrtmcW- or derision rendered in good faith in such csparsty. The rettd.t in; of a derision by ENGINEER pursuant to par-agtsphs'9.10 err 9.11 with rcs;aea ro any such claitm dispute or other nwtr (cxaxpt arty wiaich hive batt waived by the Mtking of-rxPuncc of f1ns1 payment as prcvidcd in paragraph t4.1'6) wail be a condition precedent to any exercise by OWNER or CONTRACTOR Of such rights err tcriedies as eiUicr may otherwise have under the Contract Docun=Ls or by Laws or RegtetariOns in mpoct of any surlt claim. dispute or other moues Pursuant to Article 16. 9. U. lienor xiaaer ars ENGINEER's Aud-O rued Rcspartrt2"ai 9.13.1. Newscr ENGINEER's authority err rIMPO allail- ity under this Article 9 or under any other Pmvisiotl of the COnvact DOeuntcnts norany do -isles mldc by ENGINEER in stood faith tither to ex erase or n K exercise such authority or responsibility or the unduukint. cxerriie err performance of any authority Or responsibility by ENGINEER shall create. tMPOse or give ries to any duty owed by ENGINEER to CONTRACTOR- any Subconuactor, any Supplier. any other person or OrtartiMZ.tion. or to any surety for or cm• ptoyee or agent of any Of than 00100-32 1! I" 9.13.2. ENGINEFRwill, not supervise. direct- con' trol or have authority over or be responsible for COMRAMR's mems. methods. techniques. se• gttcnccs or procrAurcs of consuvetion. of the safely pre cauuans and programs incident thereto. or (Of any faflurc of CONT.ACTtOR to comply with laws and Regulations applicable to the furnishin= or perfor- rnartcc of the Work. ENGINEER will not be respon- sible for CONiiRAMOR's failure to Donn of fur• nish tine Work in accnrda.ncc with the Grntnct DocumenLs, 9.13.3. E.NGINEF.R will not be responsible for the acts or omissions of CONTFAr-MR of of any Sub- eontncton any Supplicr. or of any other person of organaation performing or iur tushing any of the Wort~. 9.11.4. ENGINEER•s review of the final Applica— tion for Payment and accomWYin9 dcetsmcntviOn and all maintenance and operating insirtsctions. ssinad• tale, ptarantces. bonds and ccrsi6cz= of inspection. tests and approvals and Other d d11l tx Mquircd to be delivered by pxr'ap%ph ly be 10 determine gencrally that their content complies with rhe ,. +iprrmcnit nf. And in the else of ceniftates of inspccuons. tests and approvals that the resuhs r-esti- fied indicate compliance with. the Conti= Docu- rrtents. 9.13.5. Thc limitations upon authority and respon• sibibly set foah in this paragraph 9.13 shall also appl+ to ENGINEER's Consultants. Resident project Rep• rescrltative and assistants. ARTICLE 10 --CHANGES IN THE WORK lar„4. OWNER and CONTRACTOR shall execute appro- priate Change Orden reeotnMrAttl by ENGINEER (or Writ- ten Amendrncnul covering: 10.+.1. ehartgcs in the Work %+4ch arc tit ordered, by OWNERpursuard toPu%XmPh 10.1.1iirrequired because of acceVA ce Or drftVjhv Worst under pr 13.14. IA13-13 3 13or 4wl narrrctint defroiw Work under parr p d to by the giutk3; 14.i.=. chaws in tate Contract Price or Contract Timcs which are armed 10 by the marries: and It1.•t.j. ehartgta in It% CarttraL't Pnac of Caturast T'utxs which embody the ruibstanre of any written dors ion mj dcred by ENGINEER pufutartt w'I ph 9.11: provided that.. in lieu of executing arty such Change Order. an app --o may be takca from any Such dec'sion in acef danec with the prgvisiarts of the Contract Douut+attts and app[142blc . l.rws and RcpAatioas. bit durin# any such app"L CON. TRACMR shall Carry an the Work and adhere to the per nesa scheduk is pro”" in ParMT&Ph+&.29. jpe of 1Q.5. If rtosxe of any clsaetFe afftxsitt; the "Mork of the pmvisarntt of the CoattW Documents (inelud ing. but not Ionised to. Canuac:t Price or ConuA" Tames) is. required' by the provisions of any Bond to be given to a surest'. the giving of any such notice vn11 be Co"`IV* ' Ws respon - sibiroy. OM the an cKmt of euh amticuble Bond will be adjusted acc=4iney. 10.1. Without invalidating the: Arreemcnt and without notice to any surety. OWNER may. at any time or from time to time. order additions. deletions or revisions in the Work. Such additions. deletions or revisions wall be authorized by a Written Amendment_ a Change Order. or a Work Change Directive. Upon receipt of any such document. CONTRAC- TOR shall promptly proceed with the Work involved which will be perfontred under the applicable conditions Of the Conttaet Documents (except as atherwse specifically pro- vided). 10.7. if OWNER and CONTRACTOR art unable to agree MS to the extent. if any. of an rtdjusuncnt in the Contract Net or an adjustment or the Contract Tunes that should be allowed as a result of it Work Change Directive. a claim may be made therefor P5 provided to Article I I or Atucle 1:. 10.3. COVIftACTOR s1,211 not be entitled Loan increase in the Contract Price or an extension of the Contract Trmcs with respect to any Work performed that is not required by the Conuact Dorumcnts as amended. modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the ease of an ,nnerCcoev as provided in pamMph 6.23 or In the case or uncovering Work as provided in paaph 13.9. ARTICLE I I__CHANGE OF CONf7LACT PRICE 11.1. The Conu -wt Price cvnsrittncs the total coruperrsa- tion Lsubi ct to authorized adjustments) payable to CON- TRAMR for perforuting the Wosk- At[ duties. Mpansibili- ticsandodslig,kxuarsesworun&Tmk-t►YCONTRAS: UR shat, be as CONTRACfOR's expense witlwta change in the Contract Price. 11 The Conuact Priec may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust" mens in the Contract Price Shall be based an written notice delivered by the pasty malting the c aim to the other party and to ENGINEER promptly (but in no event later than tinlntY day sl after the Stas of the occurrence or event giving rise to the ctaim and stating the general nature of the claim. Notice of the &mount of the claim with supporting data shall be delivered within sixty days after the start of such ocourrence of event tunics ENGINEER allows additional time for claimant to submit addidorW ar mare accurate data in supportof the claim) and shift be accompanied by clairrastt's writtenatascmcat algal tlrc adjusuncnt clalfned covers all known amounts to which the clasmant is entitled as a resxdt of said ocaut�c or event. claims for adjusunent 1n the Contract Price stall be deterrstl'n d by ENGINEER in accord nee with paraVmph9.l l if OWNER and CONTRACTOR cannot othervrise agree on the amount involved. No claim for an sdjustmcnt in the C'.o —L Hee will 00700-33 • be valid if not submitted in &=rdance with this Paragraph 11.7 11.7. The vslue of any Work cavcred by a Clunr Order or of any claim for an adjwtment in the Contrast Price wiU be d+narmincd at fptla—: 11.3.1. when the Work invot'ved is co—ed by unit prices eonrajned In the Conusca DocufttcOLL by SPpliCYtieTrt of such unit priers to the quantitict of the items Involved tw.tiW to the prryvuioeu. of paragraph$ 11.4.1 lhrouyh 11.9.3. incluxivel. 11.32. wtrere the Work involved is not Covered by unit wices 0"Ahud in else Contrast Daeumcrus. by a munully aV,,d jump rum [which may include an raDoww'Ce (Of avrrtxsd artd MV6t not pOemsanly in accordance with p u%vz d 11.6-2); 11.3.3. where the Warp invralved is not covered by [snit ramtained 1n the Carfare[ Does[-- and a am=t to a Iump stem is not ar=ched urtdrs paragraph t 1.3.k On tttc basis of the Cost of the WW -k tdderrtsined as Vv'ed in parag,phs 11.4 and I1-51 Plus r CONTRACTOR'S fee for dYerhead and profit (determined is Provided in psstitgaaptt C 1.61. cru a/ At Wwk-, I t.4. -n$e tarn Cost of the Work ttuam the sum of all costs necessarily incuned and paid by CO NTRACMR in the Proper perfom,n nce of the Wolk. >~+tcrpt as odxT*isc may be agrcal to in writing by O VM M such *Oras " be in &moans NO higher clan those prevsiiing in the totality Of the Project. shall include Only the following items and 111411 not irtriude any Of the costs itentued in paragraph I1.5: 11.4.1. Payroll CMU for employees in the decct employ of CONt'RACTOR irk the Perform1110C of the Wont under Schedules of job ctusifieytiorrs =crud upon by OWNER and COKrRAC OP- Such employees shalt include without lim- itation Superintendents. foremen Sad other Pinel snr ployed full- time at the site. Paytvll casts for emPksyees not employed full rima on the Werk thill be apportioned on the basis of their time spent on the Worit. Izytatl costs shall indude. but not be limited to. salaries and wages Plus the cost of fringe benefits which shall include social Security contributions. unemptary=nL utcisc and Payroll taxes. wOfk- cts' compensation. health and mdranent bettenu. bonuses. sick learn vacation and holiday pay applicibte thereto. The expenses Of performing AVork after I rdW working hours. on Suurdiy. Sunday or legal holidays. 11WI be included in the above to she exrent authodwd by OWNER.. 11.4.L Colt of all m+ttaials and equipment furnished and incorporated in the Word*. including cost of transPortWon and storage thereof. and Suppliers, field services required in connection thercwish. All cash discounts "I =t=rue tO CONTRACMR unless OWNER deposits, funds with CON- TRACMR with which to make payn=ES. in which ease the Cash discounts shall accrue to OWNER. All track d4counu. rcbata and refunds and reautu from s41c of surplus materi. ajs Sad equipnxnt shall accrue to OWNER.. and CON- TRA=R Shall [rake provi kM so that they tr=ay be Obtained. 11.4.3. payments trade by CONTRAC3 K to the Sub. cramrat uxs far Work perfatinted or finished by Sv.'xtaettrxc- wL If ra4vijcd by OWNER. CONiiRACIOR th4 *bWn competidw bids ftaan UACCOM'c:ors x0ocptable to OWNER utd COM7tAC M R sad =Full ddiva such bids to OWNER .alis will then dozratine- with the advice d ENGINEER. wtt ch bids. if any. wilt be sued. If any sit provides that lite Subcontractor is to be paid on the latlis Of Celt of the Work Plus it fee, the Subowwactoes Cost of the Work and (cc :tali be duervirted la the sure ta==mer as CON'IRACiOR's Cost of the Work Lad fee as pro Wad In psrsPaphs 11.4. 11.5. I IA wW 11.7. Ad tubcotttru7x shall be PA*ea to the Other Prvv=003 Of the Cnnuraes Doessnsents insaw as tlrplic bte. 11,4,4. Chats of special toessuh&nts iincttttl.ir%g bA cast lari'm to crgi"=%- wt hhecu.I-xing Dies.. =levo cy ars, =Omer a d .•oxwtoLm3 =*ytd for sr sPa- cif--slky related to the W091r_ t C.4.5- Surti+tcmctttal ea=ts itacludint± the folkrwint» 11.4-5.1. The prtolsortion of neciewary transporrauon. travel and subsistence eaptnses ofCONTRAC" ICS em- pioyecs incurred in disettaage of duties cannected ++rich the Ntork. 11.4.52. COlt incltxLng U%Wprartatian and maintc- nanee of all matcriatL supoes, equipment. nuu#tinety. apphianees. Office and temporary fU-2itics at the site and hand tools not owned by the warkm. which arc con - turned in the periorssance of the Work. and cast lcsl market erajut of such hunts used but not consumed which remain eha: PMPCny Of MCIR.+tCMP- 11.4.5.3. Rentals Of all +aonstnM:don cqujpment and rrocninefy anU tare 1�u uwl [%f4 w'ilcLltG' IF{shi".4i Itsnll CONTRACMR brothers in srowrdance with renuj agree- amenia approved by OWNER with the advice of ENGI- NEEIL and the conts s of a-uporeuiOn_ loading- unload, ing, insWMOn. dismanding and rrmov-A therm 11 in Tern accordance with the terms of said renal Ma—cat's-Shall rental of any such equiprnac mcmt. hiner5' s or Or the Cease When the use thereof is no Ionvcr necessary - W'fOrk. 11.4 5.d. SaIc3. canwnW use of shade taxcs related to Arc Work, and for which Cpj Y]R is l4ble. imposed by Laws and Regulations. 11.4_5_5. Deposits lost for causes •other [tun negti- genoe of CONfTRACfOR, any SubutntMVar Or anyone directly or indirectly employed by any of there or for whose sets any of then= may tae liable. and royalty payments and fees for permits and licenses• 007GO.3G i i� 4 11.4.3.6, tosses and damages clod related exPenxexi ,,used by darnMe to ttte Work. 'not Compensated by insurar+cc of oa erwtte. su"ned by CONTRACTOR in connection With the Perfornunce and fumishh4 of the ,Work (..CC -pt loss- and damascs within the dedueublc amounts or properly, insartnsc established by OWNER in accordance with pzrgqraph 3.91. provkkd they have fr- suited from torics other Itimn the ocgligerncc of CON. Tp,4j R.. any Subcna:raetor, or anyone dirtuly of lndireuly canplvyed by any of them or for w+.= acts any of them may be liable. Such trues :hall irscludc nestle• ments rru& with the written consent and approval of OWNER. No such losses. damages and ext+craft shalt lx included' in the Gose of tree Work for tine purgmt of detetminini CONTRAtOR,% fre. 1f. however. anv such Lou or dwra Pe rcquiras recxxsstnsctiot and CON`fiRAC- TORii Pfd in chtarp them*(. CotfMACT'OR t" be paid for Soviets a fee propotiorsste to " stated in paragraph 11.62 11.4 3.7. The cost of utilities= fuel and sanitary facia.• tics at the tile. 11.4.5.5. htiswr caprrtxex such as ttkgs'urd. bog die Lance telephone calls. telephone service at the Sim elk- Pmssw and similar petty cash items in connection, with the Work. or additional 11.4.3.9. Costo cc asst or chances i the Wort -s SM surstncc tsqui t 1.5. The term Cosi of the Work sFulI not include any or the following: 11.5.1. Payroll costs and ocher compensation of CON- T'RACIOR,% officers. exex:utivcs, paineipals cur partnership and sole ptvprictorxhipxl, general nwiagcrs, cnylneen. u• chitccu• cstim wrx. uwnaays= auditors. accountants, pur- chasing and contracting agents. expe1hen. Limckee cis• clerics and other ptrsannet employed by CONTRACTOR whether a the site or in CpNTRACTIOR=s principal or a O AIV;;L UII Ii+�- iVi. Cw inw_ w++ru..«s.rra+v,. r.... specificstly included in the agreed upon seheduk of lab elassifs dorgs refened to in paragraph 11.4A or soccificallY coveted by paralnPh 11.4.4—ma11 of which are to be consid- ered adminisu`ative casts covened by the C;ONI7RACTOR"s fee. t t �3. Costs due to the negligence of CONTRAuCTOR= any Subcontractor. of anyone dirml•v or indirectly em ployed by any of them of for whose acts any of them may be Gable_ including but not Waited for the Correction of d(fecdw Work. disposal of materials or equiprfrcnt wTocgJy supplied and making good any UrroL a to Prn'perty= other overixad or lrcneral ciperue coosis esprfusly rneJudcd the costs of any item na spelt . in pang"Ph 11.4. Il,fi. T.he CONTRACMR's fa alkr*vd to CONTRAC TOR for overt,esd and prufu shall tae detcrmiXxd ax follows: 11 5 "• Gxpcnses of CONTTRAC"[OR's principal and branch offices ether than CONTIRACfC1R's office at the site, 11.5,3. Any pzrt orCONTRACTOR's capita expenses. itis Work nand chug ss Against C N -IT ACTOR (of dcl nr qucnt payments, 11.5.4• Cost of premiums for att [fonds and for all insurance whether or not CONT'RACTIOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparatrtplr 11.4.5.4 abovel. 11AJ. a rnsatuany [r—ptzbk hoed for or t AZ if ■ ftaed Pet is otic afroed trpan. then a fee basal otr the farw."g W=,Usca of the twim x Pon— of the Cass a: the VA",I 11.6.2.1. for costs ir-m-d (nsdtr W Phs 11.4,1 and 11.43,. the CONTRAMR's fee shall be Artcut ptrcent: for eons, incurted under parwnh 11.4.]= the CONTRACTOR'S fee dull be fie pertxnt: 11.6 7. wtx re orae or marc tiers or wbwniraeu arc on the basis of Cost Cf the W*k plus a roc ala no fixod (cc is t;,cd wo- the intent or p:rsRraphs 1"'1, 11.41' 11.43 and 11.62 is !host the Subeonrractar who acually Performs a furnishes the Worse, as whatever tier, wc7l be paid a fee of firtom percent of the costs incaured by such Sub^.onti-40,Or under partsgraphs 11.4.1 and 11.42 and that any higher tier 5ubaontracwr and CONTRACTOR will each be paid a foe of five percent orthe artw.nmt lurid to the next lower tier Subcoritra JUG 11.6 Z R, "*fee shall be payable on rise basis of wsu itemised under p 'hS 11.4.4.11.4-5 and It 3: the arzwunt of credit to bc. allowed by R -V n= TRACTOR to OWtiER for any changt which results in a net decrease in coo wcil be the amount of the scutal net decrease in cost plus a deduction in COir'1'RAC i W1 fee by an amount equal to five percent of such net dc -25c' - art d c-25ctand 11.6.^_.5. when both additions wtd c_diu _involved in any one change, the adjustrrasnt in CONT'RAC Mea 's fee shall be computed on ttac basis of the net Changctin accordance with paragraphs 11.6.2.1 through 11.63.5= inclusive. ed 1t.7. Whenever the cost of any Work is to lac dcLenR it pursuant to pax MILS I LA and 11.5. CONTFRACIO with establish and maintain records thereof in accortlsstce generally aeeepted accounting prat and submit in Porro acceptable to EN(3114ER-an itemized cost brC: kd0wn so= gcther with sulPOOing data. 00700-35 r-, r Cash Allr.arsa l l.11. It is undenv)od that CONT V,/L=R hu indoded in the Contract Pricy all aJW&znccs so reamed in the CanV= Doe ume,nts and s6 aH rauu the VhNk to coverrd to be fur- ,Ishad and !performed for such sums as trey be secepeable to OWNER and E14GIVEER. CONTRACTOR aFTes th= 7,d.1. the allowanacs I'nc'lude the taut tO CqN� RAC• TOR nisi any app(itsble trach discowuaal of rAWi%h and oqui;yrnerse re,*jed by the allowaPQs to be drlivsartd At tfx site, MW ail Applic:sNe rues, and II.S_1 CONI[RAM. R's COM for unloadinll arwd h -- d14% an the site, labrx h:;tal,11600 errata. Ovcrhrad» PrOM and rather expcnsts auasrxrnplucd for the alloaranoai have beam Wtided in the Cam= Price aM On IQ th t t� of-� and no demand for addid-ml P+YR� the facc>Coinr wi11 be valid. MW to &,W payrsw_. an at,prrsf -tc OuMc Order well be jim,ed am re"Munaended by ENGINEER to scorer &CAW amounts due CONTRA C`MR on aaoounc of Wort covcrcd by allowmb=. sand the Cow= shall be 0-resP—dir,aly adjusted. IL9. llnd t1ficn Work 11,.9.1. Whcsr the Contrace l7e'cUrntots iprava3e slut all or p rs of the Wont is to be Unit Prier Work. initially the Contracs Pticx will be deemed to include far 82 Unit Price Worst an &gwum equal to the tum of the csublishcd unit price for cath separately 74,cndhed inem Of Unit Price Work times the estimated quantity Of each item as indicated 7o the A rr=L. The esrinaned qusraitia of items Of Unit Price Work are not gwaruced and are sorely for the PWTKOS�^ Of eotnparriaon of Rids snd detcrwUning an initial Contract Price Cleterttinatiostt of the actual qu=itia ud etauifaca- tians Of Unit Pritx Work perf_xd by CoKrRFL:MR will be madc by ENGINEER in sccordLocc with paragraPh 9-10- 11.9.2. Each unit price wt71 be deemed to irscludc an amount considered by CONTRfMR to be sdcgtraw to Covct CONTRAC OR% ovcrt=A and Profit for cads tcpa- rately identified item. 11.9.3. OWNER or CONTRACTOR may make A cWm for art adjusunent in the Contract Pricc in accordance with Article I I if: 11.9.3.1. the quantity Of any iters Of Unit Price Worse performed by CONI RJh=R differs rnauxildlY and sig- tsifscantly from Inc estimated quantity of such item indi- cited in the Agreement: and 11.93.1. thefe is no corrnponding adjUsuncnt with resp= to any other item of Work: and i 1.9.}.3. irCONT1t1=F wicvcs that CONTRAC- ToR is ensued to ars irrermc in Contract Price as a result of having irsGurrwyl ttddiliortsl caperae or OWNER be- lieru that OWNER is emAkd to a detxsttse in Contract Price and the Parties ane unable to agree as to the amouns Of any such irouv se or docr=4. ARTICLE 12—CHANGE OF CONTRACT' Tll,f -S ILL. The Cormsa 'fiuncs for t.{t7estoocsl MAY Only be chutpd by a ps&W OW" cr a Written Amatdroeut. Any eWm for an adjustusent of the Contrast Tmsm tar hfi cuoncsI " be used On W"a= Cooke dclivcrad t y the MM truldI'S the Claim to tba caw Party and to ENO [NEER prey Ibut in two everts tater d" thirty diol aha rise aotatu=e= rrf six cvena pving rat to rise daim and tsuir; the mal nature of tics citim Horace of the extcsst of the cwm with uwmriuv 4ua shill be delivered *Rhin sway daYs Lines :tach oocurrrrsce (tmlcss ENGINES alloys an additkxsl p=rW of time tO ascs:n m luxe saxrrsm datsa in dirt of the claiml and esus; be accompanied by the ehiraam's wrixtco =haowent that the WAssuncrst Cisimezf is tlse endrt adjusWc tt to which the ChhTAA hn t5t n w to bdk-m h is erd" as a resuh Of the Of said event. All clsrmd for ass,}ustnsent in the Cartrrsoc rW= tar Msle.storsca) shall be deteravned by "GI- 14LU in &C=Cdu%cC wuh Flory 9.11 ii OWNER end CONTRACTOR esanat atharwisc oboe. NO niers" for an adk,=ffVX, in the C , ursra Trees (or Nfilesuglesi will be valid if am suboxitytd, in Loca"L nce with the requirement' of this paragraph 12.7. Iw., Ail time limits steed in the Contact Documents are of the esstnec of the Agreement- ,L]. gree latent. 77.3. Where CONTI ACIw`}R is prrvrntcd from xrymplet- in; any feast Of the Worse within the Ccxruae: Timet for Miicsto+vet7 rite to dtlay beyond the evuuol of CONT -*.f-. TOR. the Cow—t Ttaxs tar MiCatosscxi WW be --Wt d in an amount equal to the tirm lost dun to such delay if a cJairn is made therefor as provided in P 12.1. Defsys beyond the control of CUNTKAL;IUK stall MOLL c, but not or iitni,eu. to. acts or nefleet by OWN ER, acts or ncficct'Of utiliry owner orothercontrulOrs performing other worit as contcmpisted by Article 7. fires. Roods. epidemics- abnormal weaiher Condi. tions or sets of God. Dclays anributWe to and vitthin the control of a Subcontractor or Supplier shall be deemed to be delays within the conunl Of CONTRrVCTsOR- (2:+7. Where CON t`R CTOR is Prcvenuxl from c"mplet- ing any part of the Worst within the C©ntractlTmes for hfilestonexl due to delay beyond the Control of both OWNER ,nd OONTP-ACTOR. an extension of Use Conum a'I-011c" for hl%iestfxscsl in an unarm cqual to the time lost due to :11th delay sW be CONI ft]R's crate and eaxlusive remedy fix such delay. to no event shall OWNER be liable to CONTRAC- TOR. any Subcanuaetor. Any SUPplicr. any other pRo Oq,an�mriar. or to any surety for or emPlo. troltt fit of any f a y of than. for damn= arising out of or resuk'rrtg c V3 caused by or within the control of COQR. 00700-36 • 11 delays beyond tt a control of bath parties including but ner d 1"layd to fires. flOodx epidemics. abnormal weather condi. tune» ecu of G04 ar acts or nctlect by utility Owners or ng other work as contemplated h} othi rcantrarttors PcrfO'Tm' Article 7. ARTTGLF 13—'T'F-M ANO INSPECTIONS: CORREC"ON. REMOVAL OR ,fCCEPTANC.E OF AFFF.CM E WORT: 13.1. tiforlce of peff"'.. Prompt nouce a! all drfreritr Work of which OWNER or ENG-1NEER have usual kn" edge will be Riven to COI'VI- ACTOR: All defn chis fL tray be miect.ed. corrected or ac4epted as ,Tera�� i Arddcle 13. Awry so Work: 13.1 OWNER» ENGiNEF Et4GINEER's Cess d=u. other reprrsrnsativcs and ptxsartrscr o! OWN ER.. irasw-m— U,kS laboratories and Novemmrn al a{ncrteies Wah JPI * lz.,,tat fnr�rems well have access to the Work at riessootable: times for thdr obscryatiom, inspectioS and testirss.. CONTRAI-`T iK shall provide them proper am safe clonditio0s for such access and advise them of CONTRACT�OR's site sorely prvariUM 'A pr' Prams so that they may comply therewith as applies , Tfsu and fnrpecdoiu: 13.3. CONTRACTOR shall give ENGINEER tirnelY no- tice of readiness of the Work for all required inspections or approvyis, and dtull coupertte with inspection and testing Personnel to facilitate rcquirtd inspcctiOns oc testi. 13.4. OWNER thrall employ and pay for the teres of an tahnnine-v I nem tts. tests.rTorall insacctro Or approvals required by the ConU-Act DOr-umcnts exccpc a"Woval• CONTV *CTOR shall also be resio;Wblc for arrant. in, and obtaining and "I pay all costs in connection with any inspections. tests or approvals required far OWNER's and EhdGINEER s aceePtance Of mautisls or equipment to be incorat rpoed in the Wort. or of tnatenak. mix dealgtu. of equipment suomittcd for apprOt'A prior to CONTR.ACTUR s purchase thereof for kwurpWasion in the Wort:. 13,G. if any Worts (Of toe work Or othcrtl that is to be inspected. lased or approved is covertd by C01'rFRAGMIt withwi wntten cotrar►rrr= of ENGINEER. it must. if re- quested by ENGINEER. be uncorremd for Obscrvstion, l]. i . litttccmrrxinN Wok as prove in psraJrraph 13.6 shall be at C{7h1F.AC MR•s expaut unless CONTRACTOR hex Niven ENGINEER tutudy "6ct of C13NTRNCPC3R•s inten- tion to cover the soave Orad ENGINCER has not acted with reasombl[ WOmptr in M to such notice. 13.4-1. for inspections. tests or approvals covered by paragraph 13.5 below: 13.4.2. that costs incurred in connection 13.9th estior lxlow inspections conducted pursuant to paragraph shall be pand as provided in said paragraph t3.9: and 13,4,3, as otherwise specifically provided in the Con• tract f}acumcnts. U.S. if laws or Regulations of an±' puiAie Moly havins jurisdiction mAuirtany Work torpart thct=ft specifically tobc inspected. tested or approved by an employee or other repre- settiaxivc of such public body. CONTRACTOR shall assume full mspOfaibility far arrangingnd aobtaining suds inspections. tests of approvals. pay dj costs in ram,=ioo therewittt. and furnish EIIGINCER the required aniheates of inspection. or Unca K'i+tt sari; 13.d. is any Work is coveted f'p6o''r" to the srainen request of ENGINEER it mass. if re"cued by ENGINE. be ur,svered f+$ ENGINEEWs observation and rcpUccd at CONTRA=R's expense. 13.4. if ENGINEER cortsidcn it nexxtsary or advtsabhe that covered Work be observed by ENGIN E'ER or itsssccted R, at ENGINEER'S rs• of tested by 004n. CONT1�'� a araitab'k far qu:st. shall urtwver. expose or odicrw sc rnak observation. insp ctwn or tescng as ENGINEER may require. thu portion of the Work in question. hrmishing a1I necessary Labor. marcnu) and equipment. if it is rotmd that such Work is defecrir•c. CONTRACTOR shall par all claims. costs. losses and dumps cascsed by. arising out of or resulting from auch ure. ribsctya<i , inspeW*n and testing. and Uneavcrisig. expos of satisfactory rcpTaraement Or rccOnxtntctiontirtd"ng but not limited to all wus of repair or mptarcm"t Of work of otherst: and OWNER shall be endlied to an apfnopriase decrease in the Contract Prim and. if the panics are utable to Ogee as to the amount thereof. may make a clam therefor as provided in Article I I. If. however: such Work is not mann to be arAfcrrt°c. CONT-RAMR shall be allowed an iw-rcasc in the Comae; Price or an extension of the Contact Tunes ter Iriilestonest.or both, drrcctly attributxbie to such uncovering. exposure. ot- servation. inspection., t06K- replacement and orr xexien: and. if the panics are unable to atrcc u to the amoruntumatent themof. CONTRACTOR may _kc it claim therefor as pro- vidcd in Articles I I and I'- OWNER 1.fay Stop the "'"' 13.10. If she Work is dgfrcrivf. or CONTRAMR fails to supply Lufiicicat skilled workih� � i� S h a Way the went. orfails to furnish or pc ments. tllc comptetcd Work will conform to the Contract Oocu or an±' OWNER ma r order COSITRACTO R to stop the Work. portion thereof. until the cause !o: suds order hay eliminated: howeverthis riphs or OWNER to stop the 00700-37 ti s1u11 not `ire rise to am duty on the put of OWNER to ex=i%e this right for the betrefit of CONTRACTOR or any surety nr other party. Correction a Removal of Nftmve Wank: 13.11. If rcgteinA by ENGINEER. CONTRACTOR shall promptly, as dittxsrd, either correct Itildefecsiwr Work.. rrlrcthet of not labtirstad. iraulle'd of completed. at it th+ Wort: has bean rsjacsed by ENG INEEk rw wve it hom the site and replace it with Wt rt slut is scot dejcerive. CONTIUL-IOP. "I pray IN claims. coos, iotaeat and darrraget ratby or resutdat frorn tach oorrec60 n ar rtrrroval I irtclrOrlirn[i but cwt ILTWLOd to All crista a( repair or M accmcnt of work of othats). MIL Correeson lariod: 13.12_1. If within orae year of er tfte dace o(Substs=ial Carniplaw or such khw period of dfl= as may be Pm - scribed by LAWS or RgUU ions or b'f [fie t=ats Of a 4)r applicable a,,ccW tuarantee nxivir-td by the C --a 0-- urnenu of by any spealsc proybion of the Cis [!Dear trash's, any Work h found to be defealivr. CONTRACTOR shall promptly, without oast to OW%fER aril in aurae with OWNER's written instnactir= tel rarsrea vxb drfm rrtcWortcf.ifIIh«-- = --M by OWN ER m hoes the site am reptace it with Work that is oot drffe`rfvr. and (-ul satisfacmorily Correct or tcrao— and rept— -Y duaw to othctr Work or the work of others rtcst hk4 McWtorsL If CONTRACTOR does not prompdY corrtply with the carats of such ittseruc6oas. or in an cmazeney where delay would carotic serious risk of loss Or dwoar. OWNER may have the defective Weak attuned or thr_ rejected Work retrtnved and replaced. acid all claims. costs. losses acrd damages cutsod by or resulting from such re- moval and frplacentcat (including but not Mooted to all casts of t'cpair of rpW=rjcM of work o(othcrst will be gaud by CONTRACTOR. 13.12.2. la spedal des wlrexe a particular item i a.yuiH�wlwJr'ai+Y:w..:ti 'wi •`.w vri u � ... uWI �..+.r teal Cottalalegoa of alt the Work. the eorrccnon peter for that itcia Guy stoat to run fresh an carikr dice if sot provided is the Speciocitions or by Written Antendawrtt. 13.123. Whcre defective Work rand damage ro other Work resulting therefrom$ h -U lien c0l"FlC ed. rtrnoved or rcpti=d tinder this paragraph 13.12. the totrecb011 period hereunder with respect to such. Work will be extended for an additional period of one year alta Loci[ concction or re - moral and replacemen[ has beer[ satisfactorily compltted. AetVpatrsre of lkfrcttvr VVoe -' 13.13. if. instead of requiring comcction or removal and mplaoententof defective Warta.OWN ER Land, prior to ENGI- NEF-R-9 recommendation of firtat payment. also ENGINEER) prefers to accept it. OWN ER may do to. CON-fRACT OR shall pay all claims, costs. lasses and danu#cs altributibte to OWNER'a erafuatson of and deterrntrumm to accept such defective work (such costs to be approved by ENGINEER as tet .,ohabienessl. If any such aceepurree occurs prior to ENGINEER'S pccaaurtendtuon of &W payrnent. a Change Order will be issued inc-porsaini the neeprsary tc+risiona in the C.Ortu-s tf)awntentswithtsspecttotheWort.:arraOWNER shalt be c Wiled to an appropriate dnctt*u in the Contrast. price_ asst, if the parties arc uruble to atre,ee as to the sn ount thorn(. OWNER may make a claim ihnmfor u pv:tvided in Amick I I. if the accep-- tx.cu!rs Otter Ludt rer9otettttcoda- tion, an ■rVMe nate Imcaint wtel be 9,W by CONTRACTOR to OWNER. 0WiWER W,7 COT-[ De/stairs "or" 13.14. 1f CONTRACTOR WU within a rV330CUMC tiare after v,iu= notice front ENGINEER to comes s defecslvr Work or w .cv3a0e and rt.Itlarc roomed Work as mquirod by ENGINEER In secordsasrx with parapaph 13.11. of If CON- TRAI" TOR egh w perforin the Work its a000rtiaotee with the canvact Ooesa xnu. of if CONTR.ACMR btcla to axeplY with any other pt vision of the Conu-sa Don meats. OWN Eat . may. alto s.vets days- written notice to COMRACTOR. eortctct and rsmcdy any such dedtcietry. In eactcisint the ngh, and semedi= under this par+4rach OWNER steals pro- cecd c:ped6oualy. In corns oft with atrht corrsctive and rttrtedial actiritt_ OWNER may cWt[dc CONTRACTOR !tom at l or hart d the site take pots tsion of all or poor of the Work. and suspend CONTRACTOR`s services r bled tlteacw.. take Dion of CONTRACTOR'S tools.. appltancet. CO==s - pan eqqipmad Arai trtachi=q u site s'ttt and i n'0*(Porate rut the Work all en stria" and equipment stored at the aiw or tot which OW74FR has pLW l;,ONTRACIOR but whkh are "red tls.cvvhcre. CONTRA4'Tf]R shall allow OWNER. OWNER's rcpresetttatires. atcrtu and etnployees.OWNER', other Con- tractors and ENGINEER and ENGINEER's Con%Wtlnu ac- cess to the site ut errabtc OWNER 10 cameise the d hts and renvtd s UrAcr this paragraph. All clairns. casts. losses and duna.9.4+ incurred or su.suined by OWNER in exercising such rithts acrd remedies will be charged Sxainst CONI R11CTOR and It Cranrc order will tee issued stteorlavtatictt the becctssuy te,ris'sotu in the Contract 130cumcna with respect to the Work: and OWNER shalt be entitled to an apprvprnte deraease in the t.Arttt= r7ice� and, n the "liC at C tusaua tV AW M " W ii w amount therwf. OWNER troy rnake a claim thcrdor u provided in Artitle tI. Such claims. costs. tassct and dstaagcs twill indttde but not be limited to all Casa of Fafnir or replace• merit of work of others dessroved or da tuged by correction. removal or rrptacrrncnt of CONTRACTOR's defective WartC. C014TRACMR shall not be allowed an extension of the Contract 'Mmes tar Miltstonesl bcc"'--' of any dela n the perfvrni— ofthc Work attributable to the eu ermse by OWNER of of OWNER's rights and rerredica hereunder. ARTICLE la—PAYMENTS TO CONTRACTOR AND COMPLMON 3ehcd'de of Yalt+ra: 14.1. The schedule of values established as provided in paragraph :.9 will serve as the buss far Vrossess fyayFr r au td 00700-36 • r will be incorporatexf into a form of Application for Payment ac ceptshlc to ENGINEER. Prnpaes: payments on account of Unit Prise 'Work will be ba -sed an the number of sines com- pleted, s Appkarioa fcr Pmgr= PVmcnr; 14.". At lc= twenty days before the date established for etch progress padment (but not more often than once a month). CONT%LACI'[?R shall submit to r-MINEER far review an Application for payment filled out and signed by CONTRACTOR covering the Wort: eomoleted ns of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. if payment is requested on the basis of materials and COP- ment rat incorporated in the Work but delivered and suitably stored at the site or ac another loe:zdon agreed to in writing. the Application for payment shall also be accompanied by a bill of silo, invoice or other documentation wutxnting that OWNER has received the rnateials acid equipment free and dear of all liens and evidence that the materials and equipment are covered by appropriate property insurance and otherarra igements to protect OWNER -s interest therein. all or which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR 'S W-ra fuY Of Vdc: 14.3. CONT RA=P- warrastts a.rtd ptarantees that Lido to all Work. materials and equipment covered by any Application for payment, whether incorporated in the Project or not, wilt pass to OWNER no latex than the time of payment free and dear of all laces. ,Recti®rrfApplfracrrartsfereP-tr=Prk- vl. 14.4. ENGINEER will, within ten days after receipt of —,h Armlknfksn frr Pau elft. etither indi=re in writins Z peconunendadon of paYn"t and present the Application to OWNER., or return the Application to CONTRACTOR indi- calng in writing ENGINEER's recons for refusing to rccum- mend payment, In the laser case. CONTMMOR may make the nceesury carroctions and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recomroc-ndation. the unount rcemtttte ,dcd will isubjae to the provisions of the last sen- tesane of paragraph 14,71 beeonw due and when due will be paid by OWNER to CONTRACIC7R. 14.5. ENGINEER's recommendation of any payment re- qucsted in an Application for Paymcm will constitute a reprc. sentstion by ENGIN EER to OW NER, based on ENGINEER's ern -site obsemdons of the executed Work as an expcncnccd IM qualified desipt professlorul and on ENGINiwER's revirw of the Application Icer Payment and the accompanying data and selseduha. that to the boss of ENGtNEER's kouuAcd fe. infor- mation and belief: 14.5.1. the Work has progressed to the point indicated, 14.5.' the quality of the Work is =cncrally in accor- dance with the Contract Doctiments CA 14.7.6, bens have been filed in connection with the Work, except where CONTRACTOR has ddivutd a spctiftc Bond =deattory to OWNER to semrc (lie sasiafacdoo and d"tseharge of such Users. 14.7.7. there are other items-diling OWNER to a set-off against the aurmnt reaontrrtextdtd', or 14.7.5. OWNER has at.wl knowltxigr. of the o=Lr- rt;nc-e of any of the events enumerated in paraPxphs 14.7.1 through 14.73 or pzragaphs 153-1 through 15.2.4 4nl3ttsive; but OWNER must gist CON—,RA-TOR immediate written notice (with a copy to ENGINEER) stating the reatrnas for such action and promptly pay CONTRACTOR the Brno m $o withheld. or any adjustm=A therM agreed to by OWNER TER and CONTRACTOR. when CONTRACTOR corrects to OVAq- ER's satisfaction the reasons for such actiast. Subno3tW Compiradne 14.8. When CONTRACTOR cot 44= the entice Work ready for its irttcrided useCONTRACfOR shall notifyOWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specificvAly listed by CONTRAC- TOR as inoxnpletel and request that ENGINEER issue a cenifieste of Substantial Completion. Within a reasorc bte time dWrcafter. OWNER. COIR and ENGINEER 'shall nuke an Inspection of the Work to determine the sunt of watpletion. if ENGINEER does not consider the Work uttr standally complcw_ ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work subswrriaJly comptetc. ENG INHER will prepare and deliver to OWNER a tentuive ccrtifuate c SubstamW Gom- piedon which shalt fix the dart of Substanui.l Contpledan. There shall W aaached to the rfrrific= a tentative list of items to be completed or cottoctext before final payment. OWNER stall have seven days after receipt of the tentative cerditcare during wWch to make wrimm objection to ENGINEER as to any provisions of the certificate or attached USL If. afar ..,iAerina v_ --h nh�w-rin�!!�- ENf !!4EFIIT _r....+^f�u1r. +h It rhw Work is na substantially complete. ENGINEER will Within fourtrcu days after submission of the tenwivc ccfditratc to OWNER notify CONTRACTOR in writing. stating the reasons therefor. If. after amsideradon of OWNER'S objections. EN- GINEER considers elle Work substantially complete. ENGI- NEER will within Said fourteen days execute and deliver to OWIER and CONlRACI'GR x definitive oa-rdh sxe of Suh- sLu @tat Completion twith a revised tcaudYe IW of items to be completed or correetedl rtAwting such cringes from the lcnwive Sertifiure as ENGINLER belie-ecs Justified after romiitea aeion of any objections from OWNER. At the time of delivery of the tentative ccrdfX=C of Substmdal Comptaan ENGINEER will deliver to OWNER and CONTRACTOR Y written recommcrttution as to division of resportxibiiieies tend- ing fined payment between OWNER end CONT I:AC ORwith respect to secunty. operation. ssfety. mSintet amc. heat. utili- tics. insurance snd warranties"gtnrantces. Unless O WN ER end CONTRACTOR agree onherwisc in writing and so inform ENGINEER in writing prior to ENGINEEXI issuing the defiaidvc ccnFCtratte of 5ubVLa vial Compdez M. E NGINEER's afotestid rcmIr r=wisdon will be irMng on OWNER and CONTRACTOR until inter payment. 14.9. OWNER Shall have tlse tight to excturde CONTRAC- TOR from the Work after the due or Substantial Completion. but OWNER shall alSow CONTRACTOR reasonable access to complxe or Correct items on the tcntWve Ust. FM,id ff iasu u 14.10. Uro by OWNER at OWNER" option of any sub- sw1dadjy coag tcd Pu't of the Wxk which: Ot has spectiic:lly L,= iidtnufied in the Contract Doc.smcnts. ora OWNER. ENGINEER and CONTRACTOR ague ccosdwtts a SOP - nLWy functioning and usable part of the Work Chu = be used by OWNER for its itotcaded purpose Without intu- fetesace with CON T'R,ACTOWA perfottnanat: of the rettniodev of the Work, may be necornplished prior' to Subsundal Com- pletion of all the Werk subject to the foilowi Z: 14.10.1. OWNER at any time tray request CON- TRACTOR in writing of permit OWNER to use any such past of the Work which OWNER believes to be rpdy for its inmdcd use acrd subsunbBy complete.. If CON- TRACTOR agrees that such pert of the Work is substan- tially cornpwc a CONTRACTOR will tc-rtii'y ro OWNER and 'ENGINEER titan such part of the Work is suhmn- 6ally complete surd request ENGINEER to issue a cerin= icue of Sub nU Completion for thu pats of the Work. CONTRACTt7R at any time may notify OWNER and ENGINEER inti wridag that CONTRACTOR considers any such part of the Work ready for Rs intended use and substantially complete and Moog ENG[NEER to i tstte a csrdP._;_,r of SLLbmnd2l Completion for that part of the Work Within a MtonWe share after either such request. OWNER. CONTRACTOR and ENGTN)±ER shall ma.kc an ins;xa tion of that part of the Work to dcterutinc its "us of compiedon. If ENGINEER does not coasider that pare of the Work to be svbmaWly vovtplete, ENGI- NEER will notify OWNER and COIF TRACMR in writ- YL� �il yi,a ti i: a �i eau . ixF Mi:ESM'¢ that put of the Work to be substxnXWly eomp#alti. the provisions of p=zgrzphs 14.5 and 14.9 will app1Y with respccs to ccrdltcaw n of Sobstantta! Camplcriort of that pact of the Work and the division of respottstt Mty in respect thereof arm &rtes thereto. 14.10.7. No occupancy nr scwrarc opaatio'n of p2A of the Work will lee a.ccomplislud prior to cotrtpliance with the rcgtdmntcnts of paragraph 5.15 in resp` -t o' property ins-tirancc. r:rtaf rna�r�nnr 14.11. Upon wriue{r notice frrnn COQR !hv rho enure Wolk or an aN%Y cd lxartion thcrwr is [ompletgod 7NGI, NEER will atlkz a fidral inrPrenen wrath OWNER go [ of ctrl ON- TRAC.- iR aril with notify CONTRACIOR in 007 00-40 C> particulars in which this inspection reveals thee the Work is kwou*cte or d*crive. CDNTRACTOR sh;-Jl imntediarxlY tzke such measures as arc necessary to co nptete &tech Work or remedy such deficientaes. 14AL Aftu ICGNT[ ACTQR has cpatplcted all such car• m,,k is to, the szusfactiofl of ENGINEER anti deliycictl in sceordse= with the Contract Domrnenc€ aJI maintenance end aaperating instructions. zdwAules, gttsranters. Bonds, ccrtift- rates or other cvide= of insuranoc mquired by paragraph 5.4. catificxtes of inspection. muted -up record doctta-us; las provided in paragraph 6.19) and other domrncnts. CONTRAC- TOR may make tp kation for final payment rottowing the procodum for ptogmss pay—nts. The final Appiil-11100 for Paytncnt zW be:aeomtpank�d (except as r-vkAWY ddrverad) by -.0, all docuunrntatitm called far in the Gmtract Domrneots. inducting but trot limited to the etridenoc of insuranoc mqubx:d 6y subpmraaoasA 5.4.13, W) 0arttetttOf the stuefy. if any. to Sml payment, and Cu roasplete am Icplly eft'cctive releases or vraiv= (saddaaory to OWNER) of ail liens arising out of or filed in oaiuvw6an with the Wo(k. 1n lieu of such releases or waivers of Liens tend as approved by OWNER. COM -RAC. TOR ntay furnish rcccapu Of TrAcas'ts in full and an affidavit of COb(i;RA=R that ft] the rtleases and receipts include all labor, s erviees, material and equipment for which a lien could be riled, and Gil all payrotls. mat_W and cgt4patcnt bills and other hWebtcdnessaxunsesadwiehthe W � � OWNER or OWNER'S ptopertY might in any Y ve hetet paid or otlser Y satisfsed. If any Subcontractor or Supplier fails to furnish such a release or Mccipt in full. CONTRACTOR ACTOR ntay furnish a Bard or other collateral saris- factory to OWNER to indcmiufy OWNER sgxiim any Lien. Fined J°cyart.:r and A a poo= 14.13. If, on the basis of ENGINEER's oburmdon of the Work duting eonsuw ion and final inspccaion. and ENG1- tYEE'R-% review ai utc rmn i Amis eaLkAl ICT ?Ayltwlu alta ace.npanying docuIneYttaaion as required by the Contract Doaurtaus. ENGINEER is satixFtexl thu the Work has btu eampleted attd CONTRAC OR`s atlser obliguions under the Contract Documents have been fulfilled. ENGINEER will. within ton days adtcr tetcipt of the fatal Appiia on far Payrncnt, indicate in writing ENGiNEER's roaxmr+cttdation of payment and prr--=t the App iearion to OWNER far pay^ stent. At the sate time ENGINEER will also give vrri(tcn nade, to OWNER and CONTRAC'MR that the Work is acceptable ru tr;'c x to the provisions of paragraph 14.15. Oth- erwise. ENGINEER will return the Appikaliott to CON. TP-ACIOP- Wicar in writing the reasons for refusing to rccortinend final payrnertt, in which case CONTRACTOR "I make ate necessary cor;=dons and resubmit the Application. Thirty days after Ifte pyrumtation to OWNER of the Apptica- tion attd aoompanying documentation, in apps 4�tiate form and subssanoe and with ENGINEER's r«xanrrttcsdstian and notice of soceptability. the unount rcconuncrttkd by EN CJl' NEER "I become due and will be raid by OWNER to wa Hr f. trf `ria# 14.14. If. through no fault of CO TRAL-M . fusid tattrtr piction of the Work Is iaEtriftcantly delayed and if ENGINEER saConfirm. OWNERdull,uponttaaeiptc, 0ON`TieA.`it1R'a firal Application for Paymcm erred Meornns-&46on of ENO' - NEER. orad without tutrutra ttt Ehc Age. make Pay- mettt of the baLw= due for that POrriOn of the Yi4itit fWly and atm. If Elie fvtraining balatce to be held by OWNER. for Wark "fully cotrtpFtxcd ororxs"sal ix k times the reWnatte sriixtlatrd in the Aunt, oral if Bonds have been furtaislmd Is rrquired in paragraph 5.1. the written wn sent of the surety to the payusent of the balance due for that portion of the Wksrk fully MrOCZ i and atx'epced doll be vAmaacd by CON"lRtACIOR to ENGINEER with =Ed-- under , uiort for Stich payment. Such payment Ole tenets and conditions govat Utg fwal Payr that it shall not cors du= a waiver of d-ahns. wwerrr- of iaisu: 14.15. iihe making and at TKInCe of festal paytt nt wiU constitute. 14.15.1. a waiter of all ciautts by OWNF.R. against. CONTRAG7O R. except clamss ansuig from unsealed Li = ftnm rdr,re rrve Wock write¢ after Final (neper Purau- a.nt to Pat-Agraph 14.11, from fsilurc to comply with 'fits Garittaat Docu" acts or the terms of any special Suoratstee:s specified tfxsein, or from CONTRACIOR's Continuing ob- ligations under the. Cort—V Docurne its.' Reid 14.15:3, sLwaivcroftlictaimLsbyCOtflItACIOROLP4%t OWNER outer than those previcxtsly made in writing and still unsctded. ARTICLE IS.—SUSPENSION OF WORK AND TERMINATION owxi x fan s -Pc -d W-*-* 153. At any tirrre and without cause. OWNER tray sus- pend the Work Or "Y PN'durs tKrtof for a WW of not mam than ninety days by notice in wridM to CONTRACTOR attd ENGIN LER whit w$l fur the da'c on which Work will be resurned. CONTR.AZTGR shall trsurne the Work on the date so fixed. CONTRACTOR droll be alkywed sue adjustm"tt in ttr Contract Pricc ar on extt osion of the Con"Ut T-uvw=s. or both. dirscsdy ottrilxt_W to any such attspm,$ian if COZ,"ACTOR makes an appcm ed cleim lhercfor ars pro tided In Arad --a I 1 ud 17.. OWNER may 7er,�..ncr 15.3. Upon the OQM"w--c of stay ortc or more 0( tit: following cotters: 00700-41 i t 15.2.1. if CONIRACMR persistcntSy fails to perform the Fork in accordance with the Contract Uueturettts (in- cluding, bui not limited to. faaiure to supply vmTxscat tOc-d vwrkcrs or suitable materials or equhpnterd or failure to adhere to rite ptpgrress Schedule establisW under pcuagraPh 2.9 as adjusted from time to time pontoons to parap�aph 6.61: 15.2-2r if CONTRACrOP. dhrcpnfs Laws or Rcrttla- tiotts of any public body havingjurisd1ctian-. 15.73. if CON'iRACMR disregards the aurlursity of ENGIN EER: or 15.2.4. il'CONT'RACMR otherwise violates in any sub- stantW way any provisions of the Cantrat:t DoctuttlC =' OWNER may, after giving CONT'RACfOR farad the surety. if arty.) seven days' %vdtten notice and to the extern prsmit- ted by Laws and Regulations, terttunare the services of CONT RAC7t7R. exclude CONTRACTOR from the site and take possession of the Workand of all CONTRAC'NR's t:,:.ls, «}.�2---i, cquipincm and machinery u the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for (rospau or canversion). ineorporaM in the Wod; all matcri- als and equipment stored at the site or for which OWNER has paid C014TRACMR but which are stored elsewhere, ajid fiahli. t.. +`+'odk ks OWNER utay d=ru expedient. in such case CONTRACTOR &lull not be entitled to receive any farther payment until the Work is finished. If the unpaid balance of the Contract Pricy exceeds all claims. Cosa, losses and damages susW trd by OWNER arising out of or ;resulting from completing Lite Work Such excess will be paid to CONTRACIC]R. If such claims, costs. lasses and dam- ages exceed such unpaid balance. CONT'R.ACMR shall pay the difference to OWNER.. Such claims, costs. losses and duoagcs incurred by OWNER. will be reviewed by ENGI. NEER m to their rrasonablcneas and when so approved by ENO INEER incorporated in a Change Order. provided that when exercising any rights or remedies under [Itis paragraph OWNER shall not be required to obtain the lowest price for uIc YiV1w P"k $Ii kvj. 15.3. Where CONTRACTOR's setviccs have been so ter- minated by OWNER. the tenninackm will not tffcct any rights or remedies of OWNER amkinst CONI RACTi3R then existing or which may thereafter accrue. Any retcntian or payment of moneys due CONTRACMR by OWNER will tux rtkzse CONTRACTOR from liability. 15.4. Upon :evert days' wrictcn notice to CONTRA --MR and ENGINEER. OWNER may. without cause and without prejudice to any other .right or rctr►oiy of OWNER. elect to termirwe the Ap-ounent. In such ease CONTRACTOR %lull be paid IwidxKa duplic2tion of any items): 15.4.1. for cornpleted and aoDptablc Work cxecuied in ucordxnca: with the Contract Documents prior to the effm- 6ve date of tcrminuion. indudi Ekiir and irasronxMc sums for oveshrid and profit on such Work: 15.4.2. !or CXP=MS tusrsir Vd prior to the edrmdve date of terminaticm in performing services sad fwi&hing labor, materials or equiptnem u required by the Cortuact Docu- ments in connection with uncom leto VAx k. plus fair and reasonable suras for overload and poWn on sucitt cxpttt z=-. 15.4.3. for all daiats. costs. losses uA da m em incurmd in $=Iccstcnt of terminated tWtcac-tt with Sulwont actom Stipplk,is and of err, and 15.4.4. for r1mw aable cxpk7ucs directly attrt'bwable rean*=ian.. CONTRACTAR " not be paid on account of less of anucipued profess or r*uvetux or other economic loss asaing out of or resuldal firm such tumsnxt"on. C0Aj7,4G11G1R Jdsy Snap Wor* er Terplis= 15.5. If. through no sex or fault of CONI R.ACMR,.the Work is suspended for a period of more thast nh-tjr days by OWNER or holder an order of court or other public authosl icy, or ENGINEER fails to act on any Application for Payment vrthin thirty days after it is subntinc d or OWNER fails for thirty days to pay CON'TRACMR any sum frtully daermined to be due., then CONTRAC R. utas. two Seven days' written notice to OWNFAt and ENGINEER. and provided OWNER or ENGINEER do not remody such suspcas3on or failure within that time, terminate the Agrec- ment and recover from OWNER payment on the sacro terms as provided in pragrzph 15.4. In lieu of 14rMinsting the Agreement and without prejudices to any other tight or remedy. if ENGINEER has falSed to art an an Appiicadon for Payment within thirty days after it is submitted. or OWNER oras ford for thirty days to pay CONTRACTOR any sum finally determined to be due. CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop the Work until payruent of R11 such amount& due CONTRACTOR. including interest thesaom The provision' of this paragraph 15.5 are not intended to preclude CON- ... ,... ..:v. tl(Vl �L+l1 n. ilu„a {t,aA111�'t�+„ aI1H1G1 A+uu La tl! ons an incrcue in Contract. Price or Contract. Times or otherwise for experues or damage directly attributable to CONTRAC- TOR'S stopping Work as perudued by this paragraph. ARTICLE 16 --DISPUTE RESOLUTION If and to the extent that OWNER and CY}NTRAL—r7R have agreed on the me rod and ptomdure for rcvAvirtg disputes between them that may arise under this ASL SUC13 dispute resolut.oat method and pnoedum if any. Shall be as act forth in Fxhibit OC -A.'' Dispute Rciolutkm Ago=ro=C' Lobe ott&ched hrnto and made a part hcaoof. If no s.uc h s Kett on the method and procedure for resolvins such dispu th. been reached. and gubjxt W the Mm3inns of Pum9 a0" 911 9. 11, and 9. 12. OWNER anti CONY'R.ACMR ntay esmCtae 00700-42 CI 0 such riots or remedies as either may od3herAise have underthe Cotttzart Documents or by Lawn or Regulations in mspca or any dispute. AR11CLE 17--MLSCELLANEOUS G"w N*&= 17.1. li htilever any provision of the Contract Documents rcqucct the giving of written notice_ it will be deemed to have been validly tzive<n if defivetVA in pet:on to the inNviduad or to R me mbcr of the from or to an officer of the aaporation for whom it is intended. or if delivered at or setts by reldsaxsd or certifwA mail. postage ptz paid. to the last business address known to [tie giver of the reotiuce. COMPUaraon of Tun= 17.2.1. Wisest any pal of time is rrd'erred to in the Cowxaa Docu nems by days. it will be computed to exclude the Bust and indtrda the last day of shell period. It 11te Oast day of any such period falls on a Saturday or Sunday or on a day trade a lege] holiday by the taw of the applicable jurisdiction. such day will be omitted from the computation. 17.2.2. A eaiettdar day of twenty-faur krauts me surcd f.=--_ m int Thr rn etPr r :s 4 mirrnid-'rt wu91 mnrjrse.. rtay, Iradw Of CJ4*R. 17.3. Should OW14ER or CONTRA=R suffer injury or danaFte to person or property be== of any error. antinion c ut of the other party 0 of any of the atter party's emplcyCCS or agents or others for whose acts the other party is legally liable.ciaim will be made in writing to the otherparty within a reasonable time of the first oh%,4 ar — of such injury or dzrnage. The provisions of this paragraph 17.3 shall not be codutrucd ass substitute for or a waiver or the pmvwons of any applicable statute of Limitations of repose. CucsuWrr Rr r"W.. 17.4. TFta duties surd oblilrations imposed by these Crerreral Conditions and the rights and remedies aysitable htxrunder to the parties hereto. and. In pirtictidar but without limitation. the vratsanies, gtsmntees atstl obligations imposed upon CON- TRACTOR by par+ Wft 4.12. 6.16. 6.30. 6.31. 632. 13.1. 13.12» 13.14. 14.3 and 152 and all of the tights and remedies available to OWNER and ENGINEER thereunder. are in addition In. and are not w be cottsutued in any way IS s limitation of. any rights and remedies avauillbir, to any nr Al of them c filch are otherurise imposed to araftMe by Laws .ar Regulations. by special warranty or Fuirantee- or by other prwihions of the Contract Doeurnenm and the pmvisiOns of this patataxph will be as efFectivc as if repeated spo finally in the Contract Documents in connection with Ludt particular duty. obligation. right and tnmedy to which they apply.. ,fern.rema.d Fees Cd Cxwr Cans fnchaa 17-5. VAzCnever rrfCrenCC is rrt:.dC to •'Claims. costs. tosses and dam2ges: ` it shall include in each casebut not be lirttited to. all fees and charges of etrgineers. amehiteas, aupnteys and other professionals arid all caucz or arbitration or other dispute resolution costs. [site tesnaMer of this page was left bLxnk in=tiottallY.l 00700-43 6706-050 EXHIBIT GC -A TO GENERAL CONDITIONS OF THE AGREEMENT BETWEEN OWNER AND CONTRACTOR For >Jse with 'EJCDC No. 1910.8 (1990 ad.) 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 fallowing agreement of the parties: 16.1 Before bringing any action in court pertaining to any claire, dispute or other matter In question arising out of or reletlnd 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 clanmant/objuctur shaii 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. If the other party fails to accept said demand or dispute, or offer a specific counter -proposal thereto within five (a) 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 (ai days of receipt thereof, the other party shall be free to submit the claim or objection to litigation in accordance with subparagraph 16.2 hereof. 16.2 Any claire, 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 ail reasonable attorney's fees and court costs incurred by such prevailing party against the losing party, including reasonabie apnAllntn wt�enow- fccs ; id taxcd cog -,s. 16.3 The CONTRACTOR will carry on the work 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. 3nm 00700-44 Ll SECTION 00800 SUPPLEMENTARY CONDITIONS TABLE OF CONTENTS PART i - AMENDMENTS TO GENERAL CONDITIONS Article DEFINITIONS 2 PRELIMINARY MATTERS 3 CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 5 BONDS AND INSURANCE n 6 CONTRACTOR'S RESPONSIBILITIES 7 OTHER WORK 8 OWNER'S RESPONSIBILITIES g ENGINEER'S STATUS DURING CONSTRUCTION 11 CHANGE OF CONTRACT PRICE. 13 TESTS AND INSPECTION, CORRECTION, REMOVAL. OR ACCEPTANCE OF DEFECTIVE WORK 14 PAYMENTS TO CONTRACTOR AND COMPLETION 15 SUSPENSION OF WORK AND TERMINATION 16 DISPUTE RESOLUTION 17 MISCELLANEOUS PART ll - LISTING OF FORMS TO BE USED DURING PROJECT CONSTRUCTION NOTICE OF AWARD 1VV 1146 TO f-11V44.W FIELD ORDER WORK DIRECTIVE CHANGE CHANGE ORDER APPLICATION FOR PAYMENT CERTIFICATE OF SUBSTANTIAL COMPLETION FINAL RECEIPT PART III - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE SUPPLEMENTARY CONDITIONS 1 00800-1 2121105 1 A FWi SECTION 00800 SUPPLEMENTARY CONDITIONS TABLE OF CONTENTS PART i - AMENDMENTS TO GENERAL CONDITIONS Article DEFINITIONS 2 PRELIMINARY MATTERS 3 CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE 4 AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 5 BONDS AND INSURANCE n 6 CONTRACTOR'S RESPONSIBILITIES 7 OTHER WORK 8 OWNER'S RESPONSIBILITIES g ENGINEER'S STATUS DURING CONSTRUCTION 11 CHANGE OF CONTRACT PRICE. 13 TESTS AND INSPECTION, CORRECTION, REMOVAL. OR ACCEPTANCE OF DEFECTIVE WORK 14 PAYMENTS TO CONTRACTOR AND COMPLETION 15 SUSPENSION OF WORK AND TERMINATION 16 DISPUTE RESOLUTION 17 MISCELLANEOUS PART ll - LISTING OF FORMS TO BE USED DURING PROJECT CONSTRUCTION NOTICE OF AWARD 1VV 1146 TO f-11V44.W FIELD ORDER WORK DIRECTIVE CHANGE CHANGE ORDER APPLICATION FOR PAYMENT CERTIFICATE OF SUBSTANTIAL COMPLETION FINAL RECEIPT PART III - DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE SUPPLEMENTARY CONDITIONS 1 00800-1 2121105 1 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 1. 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. 00800-2 Add the following new definitions after paragraph 1.45 of the General Conditions: 1.46. Conditions of the Ccntract - 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: .j 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 no notice Is given, thirty days following the Effective Date of Agreement, provided that the Notice 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 theGeneral Conditions In Its entirety and Insert the following In its place: 00800-3 ' x121reb 6706-050 2.7. Before any Work at the site Is started, CONTRACTOR shall deliver to OWNED, with copies to ENGINEER and each additional Insured Identified in Article 6 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 Art€clew 5. ARTICLE 3. CONTRACT DOCUMENTS- INTENT, AMENDING, REUSE SC -3.1. Add s 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 clan; a required by law to be Inserted in these Contract Documents shall be deemed to be 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 phvsically amended to make sirch insertion. ARTICLE 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL. CONDITIONS; REFERENCE 'POINTS SC -4.11. 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 now paragraph immediately after paragraph 4.2.1.1 of the General Conditions which is to read as follows: 00800-4 Mir" do 0 670IG--050 4.2.1.1.1 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 an how to obtain this data. Tice locations of the test borings are indicated on the Drawings. Such logs and samples are not part of the Contract Documents. SC -4.4 Contractor is responsible for measuring and recording existing Swale elevations at 1001 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 im-M-ediBtely after 4.4 of Lhe 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 CONTRRCTOR shall correct any errors disclosed by such n aheck. Suoh a check shall not be considered asapprovalof 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 S. 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 100 percent of the total amount Of the Bid and a performance bond for 125 percent of the Bid as security for the faithful performance of all of the CONTRACTORInUndt - t�a documents. - SC -5.4 The limits of liability for the insurance required by paragraph 5.4 of the General Conditions shall provide coverage for not less than the following amounts of greater where require by law: 5.4.1 and 5.4.2 Workers, Compensation (1) Workers' Compensation Statutory (2) Employer's Liability $1,000,000 00600-5 40 • • 0 6706-050 5.4.3, 5.4.4, and 5.4.5 Comprehensive General Liability including Premise/Operations, Explosion, Collapse and Underground Property Damage; Products/Completed Operations, Broad Form Contractual, Independent Contractors; Broad Form Property Damage; and Personal injury liabilities: (1) Bodily Injury: 51,000,000 Each Occurrence 51,000,000 Annual Aggregate (2) Property Damage: $1,000,000 Each Occurrence Annual Aggregate (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: I11 Bodily Injury s?'000,000 Each Person $1,0001000 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 paragraph 54.13 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 excess 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 liability of all underlying Insurance. The umbrella liability insurance shall have a combined single limit of not less than 55,000,000. 2121 195 00800-6 1 4D i 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 Law 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 materially changed or renewal refused until at least 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 entiroty. 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. 2171105 I 00800-7 0 6706-050 i Delete paragraph 6.12 of tine General Conditions in Its entirety. f SC-5.13. Delete paragraph 5.13 of the General Conditions in Its entirety. SC -5.14 Delete paragraph 5.14 of the General Conditions In its entirety -and insert the following In its place: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and rmalntained by Contractor in accordance with this article 5 on the basis of its not compiying with the Contract Documents, OWNER will notify CONTRACTOR In writing thereof within ten days of the date of dolivery of ;,uch certificates to OWNER In accordance with paragraph 2.7. CONTRAC"T"OR will provide such additional information In respect of Insurance provided by him/her as OWNER may reasonably request. V21196 f MD -191011, I C-1 THIS CERTIFICATE IS ISSUED AS A MATTCR OF INFORMATION ONLY AND CONFER$, No RIG [STS U P a N TtSi CERTIFICAtE HOtW. TICIS CCRTIFICATC 0UE S NOT AMEND, EXTCHO On ALTER TIIE COVERAGE AFFORDED BY THE POLICIES BELOW. I COMPANY /A LJE TIER COMPANY B LETTER 1 i COMPANY LF_-rtPCR r 'COMPANY D LETTER COMPANY E LETTER COhiPANIES AFFORDING COVERAGE TT 13 To CERTIFY THAT FOL1CtES OF[NSURAHCE LISTED BELOW HAVE BEEN ISSULiD TO THE It;SUNEO H E t1DOV�oq Tow POLICY PERIODINOICATEO, If, WaKSTANONG ANY REOUIREIACIiT. TERNS OR CONDITION OF ANY CONYRACT OR OTHERC'ICICUUSCHT vIgit RE5 CT TO H THIS CERTIFICATE MAY 04 ISSUED OR MAY PERTAIN, THE; INSURANCE AFFORDED OY THE FOLICIL•S DESCnIOcO HERO" IS Sl-04ECT T � THE T • AS. %LLUSIONS, AND CONOt. TI' :S OF SUCH FOLICIES. _ _ --- - �— _.raLCY Tf[1 h A0.Ct ifPdNT ILITY LIMITS IN THOUSANDS TYPE OFSNSUR NCE POLICY NUMGEn CASE +a+uUar aalEfi AAXI.W " -- A:.GtIECAfE: GCCU7iR8rtiF c-wERAL LIADILrrw ` +IUII�Y ti LY]IdP4LEFIEKSIYE TO[Tu � .� ' PRE[.aSESlDPE.RATICk+$ �� �Ff/J �. � p unGEPROPEAT � UtIOEPiGRO m _ ,1 E'%P1.0.5xJY 6 GiCUt�SE TV,= ` • AFr°1(1UCTSA:OI:.PLETEO OPEMTOIS I O(XnTU.t;TUAL el c r� �'�� ;� �;� \y ca�+alyEn S 1000 S 1000 � J IttCV'PEtIDE![T GO[.TRtCTpS� (\ Z _ �• •�` r F II-Cai L%`iJUfl' n. ' '�.,A PERSONAL INJURY S .5dO MT JTOMOOILE LIARfLfT-Y �e}` tiAf1F 5 ANY AUTO PLti fTcy]a S *' ALL OypfEO "Os WWI PASS.} f nr:Yt ALL UrmED A11IO5 {OTHER tHki{ '�{ IP;.A s f'.:i S PPN, PISS. ! IiIREO AUTOS PIvyPEAIY RVI.OMEG AUTOS Uu.IR['iE SS . GAlLALE LU33EITYv 61 t PLY $ I d d (1 :CESS LIh LRA$Ff,LLA tDl• et L PD S SS Wl.�aie�Ea DTHFR TtLV+I UMdI[L? TDPI.I ` sxhsvlolSr WORKERS' COMPEHSAWOH S5()d. (EACH ACVUIITI AND Sl {41SEASE-PO--le LW EMPLOYERS` uAarUTY SS iOISEASE•EAflTCt•'PI„OYEEi IHER _ nIPt"i OF 0PERAT KRAS&OCATIONSNEHICLiES1SPECSAL ITEMS )IAN RIVER COUNTY TO BE AN ADDITIONAL INSURED FOR Till -S, PROJECT t ,mo Dresser & McKee Fnc to be an additional insured for this ra ect • T L.O ANY OF THE ABOVE DESCRIDED POLICIES DE CAHCELaCO EFO�� t DEAN RIVER COUNTY E Ta 7,tEO i GATE THCR�EOF. THE ISSUING COMPANY WILL Ep TO THE 1 Gil STii STREET r S U DAYS WRIneq NOTICE TO THE CERTIFtGATE NO SAEn H OALuBr, W RQ EiEACf i , F L 3 29 i7O and T1 LAY FAIL'UiIE TO fA,Vt SUCK NOTICEStALL:eI4T oil A pRNO OtCNTATIVE NY KING UPON THE. COMA ANY, FT'S wGEIITS OR tiEPREfiEF[TATSYES. ' mp Dresser & McKee Inc. Rt$EO aEPRESENTATNE 40 s • CERTIFICATE OF IhI81-IRANCE r' -PLEASE TAKE NOTE OF THE FOLLOWING 1. DESCRIPTION f SPECIAL ITEMS . MUST READ INDIAN RIVER COUNTY -TO BE ADDED AS ADDITIONAL INSURED. 2. r"AN^vELLA i ION IMUST REAM. ENDEAVOR TO IS TO BE DELETED AND IT IS 30 DAYS WRITTEN NOTICE. 0 00800 - 10 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;00 PM. Requests to work other than regular working hours shall be submitted to ENGINEER not less than 48 hours prior 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 OWNn 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 cithor 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 OWNER's independent testing laboratory 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 recelves compensation at a roto not locc than nno nrirl nrya_half yfmvc Laic h3elC rata of net, for fill hnr�ire r�-r worked in excess of forty hours In such work wdek, as the case may be. R 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 Genersi Conditions In their entirety and Insert the following in its place: r' 00800-11 7r IMS 6.8. CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization, (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom OWNER may have reasonable objection. Acceptance of any Subcontractor, other person or organization by OWNER shall riot constitute a waiver of any right of OWNER to reject defective Work. CONTRACTOR shall not be required to employ any Subcontractor, other person or organization against whom CONTRACTOR has reasonable objection. SC -6.9. x Add a now sentence at the end of paragraph 6.9 to read as follows: 6.9.3. OWNER or ENGINEER may furnish to any Such Subcontractor, Supplier or other person or organization, to the extent practicable, information about amounts paid on their behalf to CONTRACTOR in accordance with CONTRACTOR's Applications for Payment. SC -6.31 Add a new paragraph immediately after paragraph 6.31 of the General Conditions which Is to read as follows: 6.31.7. The Contractor shall indemnify and sava harmless the OWNER, ENGINEER and ENGINEER's Consultants, agents and employees from all suits, actions, or claims of any character brought on account of any injuries or damages received or sustained by any person, persons, or property by or from the said Contractor, or by or in consequence of any neglect In safeguardin43 the work, or through the use of unacceptable materials in the construction of improvements or by or on account of any act or omission, neglect or misconduct of tha said Contractor, or by or on aG4uuiii or airy clairned or amounts recovered tar any infringement or patent, trademark, or copyright, or from any claims or amounts arising or recovered under the Worker's Compensation Law or of any ether laws, by-laws, ordinances, orders, or decrees, together with all costs including counsel fees if OWNER need defend any such suit, action or claim, and so much of the money due the said Contractor under and by virtue of his Contract as shall be cansidered necessary may be retained by the OWNER, or In case no money is tiJue, his Surety shall be held until such suits, actions, or claims for injuries or damr)uges, Including counsel fees, shall have been settled and suitable evidence to that ciffect furnished to the OWNER. The Contractor shall guarantee the payment of z`1 just claims for materials, supplies, tools, labor, or other just claims against him, or any subcontractor in 2191M 00800-12 a • 6706-050 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 paragraph 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, ENGINEEI;, 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 Ramp nr 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 times 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 00800-13 2121 M 6 , r1 f r • 6706-050 0 activities that are their respective responsibilRies. 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 new paragraph immediately after paragraph 9.3 of the General Conditions which Is to read as follows:. 9.3.1. ENGINEER will furn:h 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 e�.,..��..Y., r,► a.a! %ryry t ©.... .! 1 5....:a.. a:. i I -e h. haria.. f d ocunnont ona!"� L. uflas, cles ons i bi titles art'* L lmil1a'dons o tI IG I"9LjtI it/d �L�/ 471 Resident Project Representative". A copy of which is Included in the Supplementary Conditions. ARTICLE 10. CHANGES IN THE WORK SC -10.1.. Add the following to the end of the second sentence: "...toy the Utilities Department, provided that any such written authorization shall not exceed 10% of the contract bid price." 1 00800-14 2121/95 6706«-050 ARTICLE 11. CHANGE OF CONTRACT PRICE SC -1 1.4. Delete the second sentence in paragraph 11.4.1 of the General Conditions in Its entirety and replace with the following: Such employees shall Include foremen at the site. SC -11.6. In the second line of paragraph 11.6.2.2 before the semi colon add the following words "based on subcontractor's Cost of the Work", SC -'31.9. 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 vsriation 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 11,4 A q if rnKi`rtanrr* r'n a.,_ie_..__ •. . 1% gialie� es thai CONTRACTOR has incurred a0ditional expense as a result thereof; or if OWNER believes that the quantity variation entitles 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 variations In the quantity of Unit Price Work performed. i 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 2rz,ns 4W 0 11 6706-050 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 SC -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. Nu rnat.eriais or suppiies tar the Work snail ho purchased by CONTRACTOR or Subcontractor subject to any chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained 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 growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, Including commissary, incurred in the furtherance of the performance of this Contract. CONTRACTOR shall at OWNER's request, furnish satisfactory evidence that all obligations of the nature hereinabove designated have Uraii] 00800-16 C I 0 0 6706-050 been paid, discharged, or waived. If CONTRACTOR falls to do so, then OWNER P 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 i 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 provisiuns 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. 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 work 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 claire within a reasonable time after such final judgment or decree 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 sate then charged by the Federal Reserve Rank, and shall be 7129146 00800-17 i • 11 6706-450 deducted from the next payment due CONTRACTOR under the terms of this Contract. SC -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 viil give written natice 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 by ENGINEER. '105L aiBfi! 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 .^..:'.V 01 "iwi `at -at aiimount of pipe whiuh exceeds i:c5 percent or he aggregate length of each type installed. 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 2121195 04800-18 6706-050 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 hlmlher and OWNER in writing. ARTICLE 17. MISCELLANEOUS SC -17.6. 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 be 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 acknowledged by CONTRACTOR, and delivered to OWNER and ENGINEER. Nothing herein 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 fallowing new paragraphs immediately after paragraph 17.6. of the Supplementary Conditions: ?►21116 pr f� 6700-050 17-7. The form of all submittals, notices, change 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 ENGINEER expects to use are contained in the subsoquent pages of these Supplementary Conditions. REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY 00800-20 2/711106 TO: (Bidder) PROJECT NO, PROJECT OWNER'S CONTRACT NO. NOTICE OF AWARD CONTRACT FOR - (insert r ame 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 (indicate 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 P.-o]ect Manual and set of contract drawings must hear your signature on the cover sheet, Do not date the WiTL ij I 00800-21 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 (71 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 certif led 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 6y the Attorney-tn-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: "Should any of the above described policies be cancelled or changed by restricted amendment before the expiration date thereof, the issuing Company will elve thirty (301 dans written nnfira to the kai; ,A; _-mod .,.:F:,. . « ti , , e_." 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 comply with the above conditions, the OWNER will return to you one fully signed counterpart of the Contract Documents attached. If you have any questions, or if we can be of any further assistance, please do not hesitate to contact this office. 00800-22 W%196: ti i1 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 (71 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 certif led 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 6y the Attorney-tn-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: "Should any of the above described policies be cancelled or changed by restricted amendment before the expiration date thereof, the issuing Company will elve thirty (301 dans written nnfira to the kai; ,A; _-mod .,.:F:,. . « ti , , e_." 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 comply with the above conditions, the OWNER will return to you one fully signed counterpart of the Contract Documents attached. If you have any questions, or if we can be of any further assistance, please do not hesitate to contact this office. 00800-22 W%196: ,0 6706-050 i Sincerely, Purchasing Director VZIMB 00800-23 a 6706-0501 THIS PAGE LEFT BLANK INTENTIONALLY 00800-24 • r- • TO: NOTICE TO PROCEED DATE: 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 ACCEPTANCE OF NOTICE Receipt of above NOTICE TO PROCEED is hereby acknn:•:l^`d-,c: by this the day of 19 , by Signature Typed Name Title: i � N ► hI� �;'t ►�:� ��► �Lti�Iihh fl N1 Michael C. Hotchkiss, P.E. Environmental Engineer 00890-2 S Pre-constructEo. p Checklist Recorded insurance Payment and Performance Bond Executed Agreement `„ Board Approval Dated DEP ConsirucWn Permti THIS RAGE LEFT FLANK IMENTIONALLY 00800-26 7121lal do r 6706`060 PROJECT: OWNER: TO: FIELD ORDER FIELD ORDER NO..._._ DATE: CONTRACT NO:— OWNER'S PROJECT NO: CONTRACT DATE: This Fled Order is issued to interpret/clarify the Contract Documents, order minor changes In tie work and/or rn.emoriiliz trade -of a ne t d }� eiii$33ts. 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 descript!oh of the Interpretation, change of agreement.) FIELD ENGINEER: -- BY: 2121196 I CONTRAC'FOR: BY: 00800-27 11 f, 6706-050 2171196 THIS PAGE LEFT BLANK IN TENTIONALLY 00800-28 WORK DIRECTIVE CHANGE (Instructions on reverse side) No. PROJECT: " DA'T'E 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: _ Purpose of Work Directive Change: Attachments: (Iist documents supporting change) If a claim is made that the above change(s) have affected Contract Price or Contract Time, any claim for a Changc 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 ❑ Time and materials ❑ Contractor's records ❑ Unit prices C] Engineer's records ❑ Cost plus fixed fee Cl Other 0 Other Estimated increase (decrease) in Contract Estimated increase (decrease) in Conti -act Price: $ Time: days. If the change If the change involves an increase, the esti- involves an increase, the estimated time is mated amount is not io be exceeded with- not to be exceeded without further autho- out further authorization. rization. RECOMMENDED: by efian... AUTHORIZED: by 1 EJCDC No. 1410.8-F (1983 Edition) Peepaecd by the En6neerV )Writ Contac[ Owum all Cam" ittee and endorsed by the Attoetated General Comrntore o[Maerka t e Mn()8pp//00yy�� -'1.7�rtt tt� 4 WORK DIRECTIVE CHANGE (Instructions on reverse side) No. PROJECT: " DA'T'E 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: _ Purpose of Work Directive Change: Attachments: (Iist documents supporting change) If a claim is made that the above change(s) have affected Contract Price or Contract Time, any claim for a Changc 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 ❑ Time and materials ❑ Contractor's records ❑ Unit prices C] Engineer's records ❑ Cost plus fixed fee Cl Other 0 Other Estimated increase (decrease) in Contract Estimated increase (decrease) in Conti -act Price: $ Time: days. If the change If the change involves an increase, the esti- involves an increase, the estimated time is mated amount is not io be exceeded with- not to be exceeded without further autho- out further authorization. rization. RECOMMENDED: by efian... AUTHORIZED: by 1 EJCDC No. 1410.8-F (1983 Edition) Peepaecd by the En6neerV )Writ Contac[ Owum all Cam" ittee and endorsed by the Attoetated General Comrntore o[Maerka t e Mn()8pp//00yy�� -'1.7�rtt WORK DIRECTIVE CHANGE INSTRUCTIONS A. GENERAL INFORMATION 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 held 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 DIRECTIVE CHANGE FORM Engineer initiates the form, including a description of the items involved and attachments. Based on conversations between Engineer and Contractor, Engineer completes the 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 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' 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 a�gui+1.4� [uu11u uuea ilVt 11 i1Yu rill ttlVlll r' iv AlllilUllGG V11a1]ty`G5 in Price or Time. Once authorized by Owner, a copy should be sent by Engineer to Con- tractor. Once the Work covered by this directive is completed or final cost 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 CONTRACT PRICE ORTHE CONTRACTTIME. A CHANGE ORDER, IF ANY, SHOULD BE CONSIDERED PROMPTLY. 00000-30 4w • structions on reverie side) No. i------------ P^OJECT: DATE Or ISSUANC:E- aWNER: kddress) '�NTRr3CTOR: OWNER's Project No. ENGINEER: i1JTRACT FOR: ENGENEER's Project No. I ou are directed to make the Mowing changes in the Contract Documents. F C scription: P pose of Change Order: rnents: (List d6cunsents supporting change) CHANGE IN CONTRACT TRICE: ]riginal Contract Price 5 CHANGE IN CONTRACT -rjMi : Odginal Contract Time P--vious Change Orders No. to No, t Nct change from previous Change Orders C itract Price prior to this Change Order Jet Increase (decrease) of this Change Order S. k:nntract Price with all approved Chane Orders [._COMMENDED: � APPROVED: �� cs.v.... by Contract Time Prior to this Change Order "Yo ""W [Jet Increase (decrease) of this Change Order Cantrict Time with all approved Change Orden day s"dalr APPROVED: by " DC No. 1910.&B (1983 Edition) urd by the Enrift,fl fo:M CNnlrscl Dorumcnit C3mmince end cnd,xltd by tyre A9*,xkwtd Cltnrmtl Comtrrrewt nr Amema- 00800-31 00600-.31 • CHANGE ORDER i INSTRUCTIONS 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 r 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. U. COMPLETING THE CHkNGE ORDER FORM 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 conies should be sent to Owner for approval. Engineer should make distribution of executed copies after approval by Owner. Ifa change only applies to price or to time, cross out the part of the tabulation that does not apply. moo_d. APPLICATION FOR PAYMENT NO. TO , — +U N1NEit1 COMI—act for - owislr 's Project No, ENGINEIER"s Project No. For Work accomplished through the date of itt: M CONTRACrOR's Schedule of-Velues Work Compteted Unit Prka QusneitY Amount QumthY Amount • Total (Orig. Contract) } C.O. No. 2 i Accompanying Documentation: CONTRACTOR'S Certification: GROSS AMOUNT DUE 5 - LESS 9a RETAINAGE ................... S AMOUNT DUE TO DATE ..................... 5 LESS PREVIOUS PAYMENTS ................ 5 AMOUNT DUE THIS APPLICATION ......... S. The undersigned CONTRACTOR certifies that (1) al1 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 (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all liens, claims, security interests and encumbrances (except such as covered by Bond acceptable to OWNER): Dated l9 GONiRACr9it fly i Payment of the above AMOUNT DUE THIS APPLICATION is recommended. Dated .19 - ENGINEER 19ENGINEER By �-�- EICDC No. 1910•g•E (1483 Edition) PftWtd by tats FA&Wwers' laint Coatn0bm0ftrsty Cwemurce wW eadwred by The Aswcuied Genrnt CeauseWn at Aawfue 00800-38 APPLICATION FOR PAYMENT 24STRIlCTrONS k. GENERAL INFORMATION This standard form is intended as a guide only. Many projects require a much more 4xtensive farm with space for numerous items, descriptions of Change Orders, identifi- cation of variable quantity adjustments, summary of materials and equipment stored at the 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 the format for retainage must be changed if the Agreement permits {or the Law provides), and Contractor elects, the deposit of securities in lieu of retainage. Refcr 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 an the Application For Payment form. ,dote that the cost of materials and equipment is often listed separately from the cost of their installation. Ail Change Orders affecting the Contract Price should L,e i.trnrified and inrlyLtP cLirtq s„pplr,r,ep l .9r_.hedrtles of Values as required for progress payments. .. The forth is suitable for use in the Final Application for Payment as well as for Progress Payments; however, the required accompanying documentation is usually more extensive for final payment. All accompanying documentation should be identified in the space provided on the faun. C. ENGINE ER'S REVIEW Engineer inusr review all Applications for Payment with care to avoid recommending any payments not yet earned by Contractor. All accompanying documentation of legal nature, such as lien waivers, should be reviewed by an attorney, and Engineer should so advise Owner. 00800-31. 40 • 0 CERTLFICATE OF SUBSTANTIAL COMPLETION' WNER's Project No .............................. ENGIN EER«s Project No.......................,., Project......................................................... ONTRACTOR..............................................,............................................................. Contract For ....................................... Contract Date ...................................... Bilis Certificate of Substantisd Completion applies to all Work under the Contract Documents or to the following specified arts thereof- To......................................................................................................................... OWNER And To.............................................. CONTRACTOR .. .... .........................«.. 'Me Work to which this Certificate applies has been inspected.by authorized representative$ of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially completc in accordance with the Contract Documents on DATE OF StJaSTAf#TIAL COMi't.ETtON A tentative list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failute to include an item in it does not after the responsibilPy of CONTRACTdR to compte,te all the Work in accordance with the Contract 'Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within day's of the above date of Substantial Completion, EICDC No. 1910.8-C1 (1983 Edition) k Ptcmmd by rhe Enpnters' loins. Coniraci Oocumt tt C"Miiice and cndortrd by The Attoetaied Cenen] Coniracrorr of Amcnca, t 00800- 3 Ji- 6 8 t . "The MSponsibiittics between OWNER and CONTRACTOR -for security. operation. safety, malnten$ncc. heat. tltllltles. insurance and wart-anties shall be as follows: 9 RESPONSIBILITIES: CONTRACTOR: The following documents are attached to and made a part of this Certificate: T".2.5 c iFsatc does not constitute an acceptance of Wort; not in accaMance with the Contract Documents :tor is it a release of CONTRACTOR`s obligation to complete the Work in accordance With the Contract Documents. Executed by ENGINEER on .................... l9 ............ .............................................................. ENGINEER By............................................................. CONTRACTOR accepts this Certificate of Substantial Completion on ................................... . 19 ............. .......................................................... car+rRACrUR By........................... ............................... g OWNER accepts this Certificate of Substantial Completion on ............................................ 19 ............. ............................OWNER.... .........,................. By.......................................... ............... 1 00800— 4 (r 40 a r 6706-050 F FINAL RECEIPT Received 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, gra r F96 I CONTRACTOR 00800-37 • 67065-050 IMM5 THIS PAGE LEFT BLANK INTENTIONALLY 00800-38 40 6 r - r a 6706-054 DUTIES, RESPONSIBILITIES AND LIMI 7 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 on-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. 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. Serge 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. las requested by ENGINEER, assist In obtaining from OWNER additional details or information, when required at the Job site for proper execution of the Work. 00900-39 7nrres 40 i e 6706-050 4. Shop Drawings and Samples; a. Receive and record date of receipt of whop Drawings and samples, receive samples which are furnished at the site by CONTRACTOR, and notify 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. i 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 report to ENGINEER. ' 6. Interpretation of Contract Documents: Transmit to CONTRACTOR ann;Ineer's clar.f,c t, ns d 'Intar_ra ..p...,.... _ urf\i ��i�ss��ltsiullhJlF:, VI itltl 4.rVIIILIQIiI IlUliUillerl[5. 7. Modifications: Consider and evaluate CONTRACTOR'S suggestions for modifications in Drawings or Specifications and report them with recommendations to ENGINEER. 201199 00800-40 a 6706-050 6. Records: a. Maintain at the job site orderly files 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 sub; equent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, 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, daily activities, decisions, observations In general and specific observations in more detail 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:the 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 therm 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 ruts- required to be assernUad nand furnivhwd by CONTRACTOR are applicable to the items actually installed, and deliver this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the Work. 2121 /fNr, 00800-41 6706-060 12. Completion: a. Before ENGINEER Issues a Certificate (if 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,Project in whole or in part. 7. Shall not participate in specialized field or laboratory tests. CND OF SECTION 00800-42 2121 N 6 C-1 r DIVISION 1 GENERAL REQUIREMENTS