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Home My WebLink AboutCONCRETE RESTORATION MANUALElm I FILE COPY SCANNED BY VILLA DEL SOL St. Lucie County CONDOMINIUM CONCRETE RESTORATION DMSION DATE__ /�i•i�Jo3 PLANS AND PERMIT DTUST BE KEPT ON JOB. OR NO INSPECTION WILL HE MADE. a+ ' June 2003 Q��.edes •S�A47e4aee ,7s. yt E�d9.tNBE.�•tn/0. THESE PLANS AND ALL PROPOSED WORK ARE SUBJECT TO ANY CORRECTIONS REQUIRED BY FIELD INSPECTORS THAT MAY BE NECESSARY IN ORDER TO COMPLY WITH ALL APPLICABLE CODES. PREPARED BY: Timothy S. Marshall, PE 300 Prosperity Farms Rd. Suite G North Palm Beach, FL 33408 Phone: (561) 881-7280 Fax: (661) 881-0201 E-mail: atd@atdesigns.net A. T. DESIGNS, INC. A. T. DESIGNS, INC. CIVIL / STRUCTURAL ENGINEERING AND ENVIRONMENTAL SERVICES October 1. 2003 Mr. William Hatcher CHIEF BUILDING INSPECTOR ST. LUCIE BUILDING AND ZONING DEPARTMENT 2300 Virginia Avenue Ft. Pierce, FL 34982 Re: Concrete Restoration 11000 Ocean Drive Jensen Beach, Florida Dear Mr. Hatcher, A.T. Designs, Inc. has been employed by the Villa Del Sol Condominium Association, Inc. to oversee the concrete restoration to the designated unit balconies. Our firm conducted the initial investigation and through a competitive bidding process, Structure Con, Inc., was.chosen as the contractor to perform the scope of work. A. T. Designs, Inc. shall be conducting periodic inspections throughout the completion of the work to assure adherence to the submitted project specifications and International Concrete Restoration Institute (ICRI) standards. The scope of work includes the repair and/or rehabilitation of the identified deteriorated and/or spalled concrete elements. Inspection reports shall be prepared detailing all observations and any field modifications implemented during the completion of the work, and shall be forwarded to your office for review. Please contact my office should there be any further questions. Respectfully submitted, A.T. Desig s, nc I \ Timothy S. I Mall, PE Florida Re . No. 41992 cc Villa Del Sol, COA. Structure Con, Inc. File 300 PROSPERITY FARMS ROAD, SUITE G • NORTH PALM BEACH, FLORIDA 33408 (561) 881-7280 • FAX (561) 881.0201 • Email: atd@atdesigns.net VILLA DEL SOL CONDOMINIUM CONCRETE RESTORATION PROJECT MANUAL June 2003 TABLE OF CONTENTS SECTION SECTION TITLE TOTAL PAGES 0100 Invitation to Bidders 1 0200 Instruction to Bidders 3 0300 General Conditions 42 0400 Supplementary Conditions 9 0500 General Requirements 3 0600 Bid Form 5 0700 Agreement 5 0800 Application of Payment 3 0900 Concrete and Stucco Restoration 13 1000 Cast -In Place Concrete 7 1100 Moisture Protective Coating 6 1200 Detailed Drawings 8 L_ SECTION 100 INVITATION TO BID Bids shall be submitted in a sealed envelope, marked Villa Del Sol, Inc. Balcony Restoration Bid", to either of the following: A.T. Design's, Inc. 751 Northlake Blvd., Suite 2C North Palm Beach, FL 33408 Attn: Tim Marshall, PE Fax: (561) 881-0201 Contract documents for this project shall be due by 12:00 o'clock noon on Aug. 21st, and then opened at a meeting of the Condominium Association's Board meeting. The CONTRACT DOCUMENTS shall be open for inspection by the contractors on Aug 7th. A mandatory pre -bid meeting and inspection shall be conducted on Aug7th• at 9.00 am. No r' other site inspections shall be conducted without an appointment with the Engineer and/or On - site manager. This CONTRACT is a LUMP SUM CONTRACT for the work described herein and shall include unit prices for specific items, which will either be added or deducted, form the LUMP SUM CONTRACT PRICE. The successful bidder who is awarded the contract to perform the work shall be required to furnish construction performance bond in the full amount of the BID. All questions concerning the work to be performed or any other item contained in the contract documents shall be directed to the office of A.T. Design's, Inc., 751 Northlake Blvd., Suite 2C, North Palm Beach, FL 33048. The owner reserves the right to reject any or all BIDS, to waive informalities, and re -bid the work. SECTION 200 INSTRUCTION TO BIDDERS SCOPE OF WORK: Work shall include the preparation, excavation, and repair of the specified balcony surfaces, delaminations, columns, edges, surface concrete spalls, and all existing and exposed and oxidized steel reinforcement. Areas to be excavated shall be identified and marked out by the. ENGINEER prior to any chipping being performed. Upon completion of the excavation and preparation of the designated areas, placement of the approved materials shall be completed and finished by the contractor. All work performed under this scope of work shall be in accordance with the SPECIFICATIONS and CONTRACTDOCUMENTS. CONTRACT BIDDING: The bid shall be submitted in a lump sum form, which shall include unit prices for each • item of repair and shall follow the criteria as outlined in the CONTRACT DOCUMENTS and are as follows: a. Removal and the discarding of any existing carpeting presently on the balcony surfaces. b. Preparation of the entire designated balcony surfaces including all membranes and/or other foreign materials. c. Removal and reinstalling the sliding glass doors and tracks. (If required) d. Construction of a temporary protective plywood barrier for each unit during the excavation process of the balconies and if the units from which doors have to be removed. (If required) e. Remove and reinstallation of Railings and /or Screen Frames. (If required) f. Removing all designated spalled or deteriorated concrete. g. Preparation and restoration of oxidized reinforcement. h. Patching and/or placement of concrete in the excavated areas. i. Repairing edge spalling and delaminations. j. Repairing edge spalling and delaminations. k. Water testing and placement of overlay material at the designated areas. I. Repairing the stucco at the affected edge areas. m. Placement of coatings on the balcony surfaces. BIDDER'S QUALIFICATIONS: To demonstrate qualifications to perform the work, each BIDDER must be prepared to submit, within five days of the OWNER'S request evidence such as licenses, insurance coverage, previous experience, present commitments, and up-to-date recommendations from other work and other such data which may be requested by the OWNER. EXAMINATION OF CONTRACT DOCUMENTS AND SITE: 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 all 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 cost, progress, performance or furnishing of the work, (d) study and carefully correlate BIDDER'S observations with the CONTRACT DOCUMENTS, and (e) notify the ENGINEER of all conflicts, errors or discrepancies in the CONTRACT DOCUMENTS which might result in additional costs to the owner. INTERPRETATIONS AND ADDENDA: Questions about the meaning or intent of the CONTACT DOCUMENTS are to be directed to ENGINEER. Interpretations or clarifications considered necessary by the ENGINEER in response to such questions will be issued by addenda. Only questions answered by formal written addenda will be binding. Oral and other { interpretations or clarifications will be without legal effect. Addenda may also be issued to modify the BIDDING DOCUMENTS as deemed advisable by OWNER or ENGINEER. CONTRACT TIME: The number of calendar days within which, or the dates by which, the WORK is to be substantially completed and also completed and ready for final payment (the contact time) are set forth in the AGREEMENT. If the contract times are not outlined or included, the time for substantial completion is to be set forth by BIDDER in the BID and will be included in the agreement. The times will be taken into consideration by the OWNER during the evaluation of the BIDS, and it will be necessary for the successful BIDDER to satisfy the OWNER of the BIDDER'S ability to achieve substantial completion and final completion within the times designated in the BID. -, APPLICABLE CODES: Recommendations and requirements of the following entities shall govern all work, workmanship and materials as they apply, as follows; UL - Underwriters Laboratories ASTM - American Society of Testing Materials ACI -American Concrete Institute SBC - Standard Building Code, Latest Edition ICBO - International Conference of Building Officials ICRI - International Concrete Restoration Institute SUBSTITUTE OR "OR -EQUAL" ITEMS: The CONTRACT, if awarded, will be on the basis of materials and equipment described in the drawings and specified in the specifications without consideration of possible substitute or "or -equal" items. Whenever it is indicated in the specifications that a substitute or "or -equal" item of material or equipment may be furnished or used by the CONTRACTOR if acceptable to the ENGINEER, application for such acceptance will not be considered by the ENGINEER until after the effective date of the AGREEMENT. The procedure for submission of any such application by the CONTRACTOR and the consideration by the ENGINEER is set forth in the general conditions. SUBCONTRACTORS, SUPPLIERS AND OTHERS: If the specifications require (or if the OWNER requests after the BIDS are received) the identity of certain SUBCONTRACTORS, SUPPLIERS, and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to the OWNER in -advance of the specified date prior to the said AGREEMENT, submit to the OWNER a list of all such SUBCONTRACTORS, SUPPLIERS and other persons and organizations proposed for those portions of the WORK for which such identification is required. An experience statement shall 2 S-- accompany such list with pertinent information regarding similar projects and other qualifications for each such SUBCONTRACTOR, SUPPLIER, person or organization if requested by the OWNER. SUBCONTRACTORS shall be required to meet the CONTRACTOR'S liability insurance requirements as established by the GENERAL AND SUPPLEMENTARY CONDITIONS. If the OWNER or ENGINEER after due investigation has ` reasonable objection to any proposed SUBCONTRACTOR and SUPPLIER, either may, before the Notice of Award is given, request the apparent SUCCESSFUL BIDDER to submit an acceptable substitute without ,increase in the BID PRICE. If apparent the SUCCESSFUL BIDDER declines to make any such substitution, the OWNER may award the contract to the next lowest BIDDER that proposes to use acceptable SUBCONTRACTORS, SUPPLIERS and other persons and organizations. No CONTRACTOR shall be required to employ any SUBCONTRACTOR, SUPPLIER, other person or organization against whom the CONTRACTOR has reasonable objection. I SUBMISSION-OF-BtDS: MDS-sba e-submitted-at-the time da4e—and-place-indica�tlse ADVERTISEMENT or INVITATION TO BID and shall be in sealed envelope, marked with the PROJECT TITLE. The name and address of the BIDDER shall be included on the BIDDER'S FORMS and shall be delivered to the ENGINEER'S or the property manager's office via ! messenger or US mail. i AWARD OF CONTRACT! The OWNER reserves the right to reject any and all BIDS, to waive j any and all informalities not involving price, time or change in the work and to negotiate contract terms with the SUCCESSFUL BIDDER, and the right to disregard all nonconforming, non- responsive, unbalanced or conditional bids. The OWNER also reserves the right to reject the i Bid if not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the OWNER. Additionally, the OWNER reserves the right to break up the individual components of each SUBMITTED BID:' In evaluating the BIDS, the OWNER will consider the qualifications of the BIDDERS, whether or not the BIDS comply with the prescribed requirements, and such alternatives, unit prices and 4 other data. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by Engineers Joint Contract Documents Committee and , ,'MO 14 4 h r A e i Y 4 COUMt�� ` PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS CONSTRUCTION SPECIFICATIONS INSTITUTE This document has been approved and endorsed by The Associated General 0 Contractors of America These General Conditions have been prepared for use with the Owner -Contractor Agreements (No. 1910-A-I or 191(lt.8-A-2) (1990 Editions). Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary on Agreements for Engineering Services and Contract Documents (No. 1910-9) (1986 Edition). For guidance in the preparation of Supplementary Conditions. see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1990 Edition). When bidding'is involved, the Standard Form of Instructions to Bidders (No. 1910.12) (1990 Edition) may be used. FJCDC No. 19111 8 ( Ky) Hidon) TABLE OF CONTENTS OF GENERAL CONDITIONS Article at Paragraph Page Number & Title Number I. DEFINITIONS ................................... 13 1.1 Addenda ............................. 13 1.2 Agreement ........................... 13 1.3 Application for Payment .............. 13 1.4 Asbestos ............................. 13 1.5 Bid ................................... 13 1.6 Bidding Documents ................... 13 1.7 Bidding Requirements ................ 13 1.8 1.9 1.10 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 1.44 1.45 Bonds................................ 13 Change Order ........................ 13 Contract Documents .................. 13 Contract Price ........................ 13 Contract ... ............. CONTRACTOR' .................... defective ........................... Drawings ........................... Effective Date of the Agreement ...... ENGINEER .......................... ENGINEER's Consultant ............. FieldOrder ........................... General Requirements ................ Hazardous Waste ..................... Laws and Regulations; Laws or Regulations ........................ Liens................................. Milestone ............................. Notice of Award ...................... Notice to Proceed .................... OWNER............................. Partial Utilization ..................... PCBs................................. Petroleum............................ Project............................... Radioactive Material .................. Resident Project Representative ....... Samples.............................. Shop Drawings ....................... Specifications ......................... Subcontractor ........................ Substantial Completion ............... Supplementary Conditions ............ Supplier.............................. Underground Facilities ................ Unit Price Work ...................... Work................................. Work Change Directive ............... Written Amendment .................. 2. PRELIMINARY MATTERS ...................... 2.1 Delivery of Bonds .................... 2.2 Copies of Documents ................. 2.3 • Commencement of Contract Times; Notice to Proceed .................. 2.4 Starting the Work ..................... 13 13 13 13 13 13 13 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 IS 15 15 15 IS 15 15 15 Article or Paragraph Page Number & Title Namber 2.5-2.7 Before Starting Construction; CONTRACTOR's Responsibility to Report: Preliminary Schedules; Delivery of Certificates of Insurance ....................:..... 2.8 Preconstruction Conference ........... 2.9 Initially Acceptable Schedules ......... 3. CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE ............................ 3.1-3.2 Intent ................................ 3.3 Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies ...................... 3.4 Intent of Certain Terms or Adjectives .. 3.5 Amending Contract Documents ....... 3.6 Supplementing Contract Documents ... 3.7 Reuse of Documents .................. 4. AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS. 4.1 Availability of Lands .................. 4.2 Subsurface and Physical Conditions ... 4.2.1 Reports and Drawings ................ 4.2.2 Limited Reliance by CONTRACTOR Authorized; Technical Data ......... 4.2.3 Notice of Differing Subsurface or Physical Conditions ................. 4.2.4 ENGINEER's Review ................ 4.2.5 Possible Contract Documents Change . 4.2.6 Possible Price and Times Adjustments . 4.3 Physical Conditions -Underground Facilities ........................... 4.3.1 Shown or Indicated ................... 4.3.2 Not Shown or Indicated .............. 4.4 Reference Points ...................... 4.5 Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material ...... 5. BONDS AND INSURANCE ..................... 5.1-5.2 Performance, Payment and Other Bonds. 5.3 Licensed Sureties and Insurers; Certificates of Insurance ............ 5.4 CONTRACTOR's Liability Insurance . 5.5 OWNER's Liability Insurance ........ 5.6 Property Insurance ................... 5.7 Boiler and Machinery or Additional Property Insurance ................. 5.8 Notice of Cancellation Provisions ..... 5.9 CONTRACTOR's Responsibility for Deductible Amounts ................ 5.10 Other Special Insurance ............... 5.11 Waiver of Rights ...................... IS 15 16 16 16 �r 16 17 17 17 17 17 17 17 f 17 r' IB 18 IB 18 18 r 18 III 19 19 19 20 20 20 20 21 21 z 21 21 22 22 22 Cic-ti ..; Article or Paragraph Page Article or Paragraph Page l_ Number & Title Number Number & Title Number 5.12-5.13 Receipt and Application or insurance 8.6 Change Orders ....................... 29 _ Proceeds ............................ 22 8.7 Inspections.'Iesls and Approvals ...... 29 5.14 Acceptance of Bonds and Insurance; 8.8 Stop or Suspend Work; Terminate Option to Replace ................. 22 CONTRACTOR's Services ......... 29 5.15 Partial Ulilizallon-Properly 8.9 Limitations on OWNER's Insurance .......................... 23 Responsibilities ..................... 30 8.10 Asbestos, PCBs, Petroleum, Hazardous 6. CONTRACTOR'S RESPONSIBILITIES .......... 23 Waste or Radioactive Material ...... 30 6.1.6.2 Supervision and Superintendence ...... 23 8.11 Evidence of Financial Arrangements .. 30 6.3.6.5 Labor, Materials and Equipment .. 23 !- 6.6 Progress Schedule ... g ................. 23 9. ENGINEER'S STATUS DURING 6.7 Substitutes and "Or -Equal" Items; CONSTRUCTION ............................... 30 CONTRACTOR's Expense; 9.1 OWNER's Representative p ... • ... • • • • 30 Substitute Construction 9.2 Visits to Site .......................... 30 Methods or Procedures; 9.3 Project Representative ................ 30 ENGINEER's Evaluation .......... 23 9.4 Clarifications and Interpretations ...... 30 _ 6.8.6.11 Concerning Subcontractors, Suppliers 9.5 Authorized Variations in Work ........ 30 ' and Others; Waiver of Rights ....... 24 9.6 Rejecting Defective Work ............. 30 6� patent Fees an oya Ices ............. 25 hop -Drawings Change-O 6.13 Permits ............................... 25 Payments.......................... 31 6.14 Laws and Regulations ................ 25 9.10 Determinations for Unit Prices ........ 31 6.15 Taxes ................................ 25 9.1 t. 9.12 Decisions on Disputes; ENGINEER as P i 6.16 Use<orPremises """"""""""" 26 ............. 31 - 6.17 Site Cleanliness ....................... 26 9.13 Limitations Limitations on ENGINEER'S ENGINEER's 6.18 Safe Structural Loading,y Authority and Responsibilities p " " ' 31 6.19 Record Documents .................... 26 6.20 Safelyand Protection """"""""' 26 10. CHANGES IN THE WORK ..................... y. 32 ' 6.21 Safely Representative ........ ""..... 26 10.1 OWNER Ordered Chan a g •••••••••••• 32 6.22 Hazard Communication Programs ..... 27 10.2 Claim for Adjustment � • • • • • • • • • • • • • • • • • 32 ' ' 6.23 Emergencies .......................... 27 10.3 Work Not Required by Contract _ 6.24 Shop Drawings and Samples .......... 27 Documents ......................... 3210.4 6.25 Submittal Procedures; Change Orders '- I' CONTRACTOR's Review Prior to 10.5 Notification of Surely ..............:.. 32 i Shop Drawing or Sample Submittal 27 11. CHANGE OF CONTRACT PRICE .......:...... 32 - 6.26 Shop Drawing & Sample Submittals 11.1-11.3 Contract Price; Claim for Adjustment; Review by ENGINEER ............ 27 Value of the Work .................. 32 j 6.27 Responsibility for Variation From 11.4 Cost of the Work ..................... 33 i Contract Documents ................ 27 11.5 Exclusions to Cost of the Work ....... 34 6.28 Related Work Performed Prior to 11.6 CONTRACTOR'S Fee ................ 34 - ENGINEER's Review and Approval 11.7 Cost Records ......................... . 34 I of Required Submittals .. 27 11.8 Cash Allowances 35 6.29 Continuing the Wurk .................. 28 11.9 Unit Price Work ...................... 35 6.30 CONTRACIUR's General Warranty and Guarantee ............ 28 12. CHANGE OF CONTRACT TIMES .............. 35 6.31.6.33 Indemnification 28 12.1 Claim for Adjustment ................. 35 6.34 Survival of Obligations ................ 28 12.2 Time of the Essence .................. 35 12.3 Delays Beyond CONTRACTOR's 7. OTHER WORK 29 Control ............................ 35 7.1-7.3 Related Work at Site .................. 29 12.4 Delays Beyond OWNER's and - 7.4 Coordination CONTRACTOR's Control .......... 35 8. OWNER'S RESPONSIBILITIES ................. 29 ^' 8.1 Communications to Contractor ........ 29 13. TESTS AND INSPECTIONS; CORRECTION. 8.2 Replacement of ENGINEER .......... 29 REMOVAL OR ACCEPTANCE OF DEFECTIVE 8.3 Furnish Data and Pay Promptly When WORK .......................................... 36 Due ................................ 29 13.1 Notice of Defects ..................... 36 8.4 Lands and Easements; Reports and 13.2 Access to the Work ................... 36 Pests ............................... 29 13.3 Tests and Inspections; Contractor's ,.,. 8.5 Insurance ............................. 29 Cooperation ........................ 36 - 7. Article or Paragraph Page ' I Number Tar Number m 13.4 OWNER's Responsibilities; Independent Testing Laboratory .... 13.5 CONTRAC1'0R's Responsibilities ..... 13.6.13.7 CoveringWork Prior to Inspection. Testing or Approval ................ 13.8.13.9 Uncovering Work at ENGINEER'S Request............................ 13.10 OWNER May Stop the Work ......... 13.11 Correction or Removal of Defective Work............................... 13.12 Correction Period ..................... 13.13 Acceptance of Defective Work ........ 13.14 OWNER May Correct Defective Work............................... 14. PAYMENTS TO CONTRACTOR AND 14. PAYMENTS TO CONTRACTOR AND COMPLETION ........,- ...................... 14.1 Schedule of Values .................... 14.2 Application for Progress Payment ..... 14.3 CONTRACTOR's Warranty of Title ... 14.4-14.7 Review of Applications for Progress Payments ................. 14.8-14.9 Substantial Completion ............... 14.10 Partigl.Ulilization ..................... 14.11 Final Inspection ...................... 36 36 Article or Paragraph Page Number d Title Number 14.12 Final Application for Payment ......... 40 14.13.14.14 Final Payment and Acceptance ........ 4400 14.15 Waiver of Claims ..................... 36 15. SUSPENSION OF WORK AND TERMINATION ................................ 36 15.1 OWNER May Suspend Work ......... 15.2-)5.4 OWNER May Terminate .............. 16 15.5 CONTRACTOR May Stop Work or Terminate.......................... 37 37 16. DISPUTE RESOLUTION ....................... 37 17. MISCELLANEOUS ............................. 17.1 Giving Notice ........................ 17.2 Computation of Times ................ 17.3 Notice of Claim ....................... 37 17.4 Cumulative Remedies ................. 37 17.5 Professional Fees and Court Costs 38 Included ........................... 38 EXHIBIT GC -A (Optional): 38 Dispute Resolution Agreement (Optional) ..... GC -AI 39 16.1-16.6 Arbitration .................... GC -AI 39 16.7 Mediation ..................... GC-A2 39 40 40 40 41 41 42 42 42 42 42 42 a'4co-3 INDEX TO GENERAL -CONDITIONS Article or Paragraph Article or Paragraph • Number Number Acceptance of- Bidding Document"efinition of ................ 1.6(6.8.2) Bonds and Insurance ................................ 5.14 Bidding Requirements -definitions of ...... 1.7 (I.1. 4.2.6.2) defective Work ....................... 10.4.1. 13.13. 13.15 Bonds - final payment ................................. 9.12, 14.15 acceptance Of ....................................... 5.14 -. insurance ........................................... 5.14 additional bonds ........................... 10.5, 11.4.5.9 other Work, by CONTRACTOR ...................... 7.3 Cost of the Work .................................. 11.5.4 Substitutes and "Or -Equal" Items .................. 6.7.1 definition of .......................................... 1.8 Work by OWNER ........................ 2.5, 6.30, 6.34 delivery of ...................................... 2.1.5.1 Access to the- final application for payment ................. 14.12.14.14 Lands, OWNER and CONTRACTOR general ...............1.10, 5.1-5.3. 5.13. 9.13,10.5, 14.7.6 responsibilities..................................:..4.1 performance, Payment and Other .................5.1-5.2 site, related work .................................... 7.2 Bonds and Insurance -in general ......................... 5 Work .................................... 13.2. 13.14. 14.9 Iluilder's risk "all risk" policy form ................... 5.6.2 O -�' Acts or missions-, Acts and Omissions- Cancellation I'rovisionx, Insurance ........ 5.4.1 I., 5.8. 5.15 CONTRACTOR ............................ 6.9.1, 9.13.3 Cash Allowances ...................................... 11.8 __. ENGINE-EIt............ '................... 6.20; 9t1-.3 r"" Ocate-oGSubstantial-Campletien�.38.--(r.30-", OWNER ....................................... 6.20, 8.9 14.8. 14.10 'I Addenda --definition of (also see Certificates of Inspection ................ 9.13.4. 13.5. 14.12 - definition of Specifications) (1.6, 1.10. 6.19) 1.1 Certificates of Insurance .. 2.7. 5.3. 5.4.11. 5.4.13. 5.6.5. 5.8, Additional Property Insurances 5.7 ••••••••-••••••••••- �•••• ••-•••••••-••. 5.14, 9.13.4. 14.12 µ Adjustments Change in Contract Price- Contract Price or Contract Cash Allowances ................................... 11.8 Times ......... I.S. 3.5. 4.1. 4.3.2. 4.5.2 4.5.3 9.4 9 5 claim for price adjustment ..... 4.1, 4.2.6, 4.5. 5.15, 6.8.2. 10.2-10.4. 11, 12, 14.8, 15.1 progress schedule .................................... 6.6 Agreement - definition of ......................................... 1.2 All risk Insurance, policy form ........................ 5.6.2 Allowances, Cash ..................................... If.B Amending Contract Documents ......................... 3.5 I Amendment, Written - in general .... 1.10, 1.45, 3.5, 5.10. 5.12, 6.6.2. 6.8.2. 6.19, 10.1. 10.4. 11.2. 12.1. 13.12.2, 14.7.2 Appeal, OWNER or CONTRACTOR intent to ...................... 9.10, 9.11, 10.4, 16.2, 16.5 Application for Payment - definition of .......................................... 1.3 ENGINEER's Responsibility ......................... 9.9 final payment .................. 9.13.4, 9.13.5. 14.12-14.15 -i in general ....................... 2.8. 2.9. 5.6.4. 9.10, 15.5 progress payment .............................. 14.1. 14.7 review or ...................................... 14.4-14.7 Arbitration (Optional) ............................. 16.1-16.6 Asbestos - claims pursuant thereto ....................... 4.5.2. 4.5.3 CONTRACTOR authorized to stop Work ........... 4.5.2 definition of .......................................... 1.4 OWNER responsibility for ............. :...... 4.5.1. 8.10 possible price and times change ..................... 4.5.2 Authorized Variations in Work ........... 3.6. 6.25. 6.27. 9.5 - Avaifability of Lands ..:............................. 4.1, 8.4 Award, Notice of --defined ............................ 1.25 Before Starting Construction ........................ 2.5-2.8 Bid -definition of ...................................... 1.5 (1.1. 1.11). 2.3. J.J, 4.2.6.4. 6.13. 11.4.3. 11.9.1) 9.4. 9.5, 9.11. 10.2. 10.5, 11.2, 13.9, 13.13, 13.14, 15.1, 15.5 CONTRACTOR's fee ............................... 11.6 Cost of the Work general ...................................... 11.4-11.7 Exclusions to ....................................... 11.5 Cost Records ......................,................. 11.7 in general .............. 1.19, 1.44, 9.1 I, 10.4.2; 10.4.3, 11 Lump Sum Pricing ................................ 11.3.2 Notification of Surety ............................... 10.5 Scope of ....................................... 10.3-10.4 Testing and Inspection, Uncovering the Work ... :.... 13.9 Unit Price Work....................................11.9 Value of Work......................................11.3 Change in Contract Times - Claim for limes adjustment .... 4.1. 4.2.6. 4.5. 5.15. 6.8.2, 9.4. 9.5. 9.11, 10.2, 10.5. 12.1. 13.9. 13.13. 13.14, 14.7. 15.1. 15.5 Contractual time limits ............................... 12.2 Delays beyond CONTRACTOR's control ............ 12.3 Delays beyond OWNER's and CONTRACTOR's con- trol............................................... 12.4 Notification of surely .............. ............... 10.5 Scope of change...............................10.3.10.4 Change Orders - Acceptance of Defective Work ..................... 13.13 Amending Contract Documents ...................... 3.5 CashAllowances ................................... 1f.8 Change of Contract Price ............................. I Change of Contract Times ............................ 12 Changes in the Work..................................10 CONTRACTOR's fee ............................... 11.6 Cost of the Work ................................ 11.4-11.7 o2fir,-q Article or Paragraph Number Article or Paragraph Number CostRecords ..................... I................. 11.7 definition of .......................................... 1.9 6.23 emergencies ........................................ ENGINEER's responsibility ......... 9.8. 10.4. 11.2. executionof ...................................... 12.4 Indemnification ..................... 6.12. 6.16. 6.31. 6.33 Insurance, Bonds and ................... 5.10,5.13, 10.5 OWNER may terminate ........................ 15.2-15-4 OWNER's Responsibility 7...................... 8.6. 10.4 Physical Conditions - Subsurface and......................................4.2 Underground Facilities ........................... 4.3.2 Record Documents ............................. 6.19 Scope of Change ............................... 10.3-10.4 Substitutes ................................... 6.7.3, 6.8.2 Unit Price Work .................................... 11.9 value of Work, covered by .......................... Changesin the Work .................................... to Notification of surety ............................... 10.5 OWNER's and CONTRACTOR's responsibilities .... 10.4 Right to an adjustment .......................... 10.2 Scope of change ............................... 10.3-10.4 Claims - against CONTRACTOR.............................6.16 against ENGINEER ................................ 6.32 against OWNER .................................... 6.32 Change of Contract Price ....................... 9.4. 11.2 Change of Contract Times ...................... 9.4, 12.1 CONTRACTOR's 4. 7.1. 9.4, 9.5. 9.11. 10.2. 11.2. 11.9, 12.1. 14.8. 15.1. 15.5. 17.3 CONTRACTOR's Fee .............................. 11.6 CONTRACMR's liability ............ 5.4, 6.12, 6.16, 6.31 Cost of the Work .............................. 11.4, 11.5 9.1 I, 9.12 Decisions on Disputes ......................... Dispute Resolution .................................. 16.1 Dispute Resolution Agreement ..... ............. 16.1-16.6 ENGINEER as initial imerpretor .................... 9.11 Lump Sum Pricing ................................ 11.3.2 Notice of ........................................... 17.3 OWNER's ........... 9.4. 9.5. 9.11. W.2. 11.2. 11.9, 12.1. 13.9. 13.13, 13.14, 17.3 OWNER's liability ................................... 5.5 OWNER may refuse to make payment .............. 14.7 Professional Fees and Court Costs Included .......... 17.5 request for formal decision on ..................... 9.11 Substitute items .................................. 6.7.1.2 TimeExtension ..................................... 12.1 Time requirements ............................ 9.11. 12.1 Unit Price Work .................................. 11.9.3 Valueof ............................................ 11.3 Waiver of -on Final Payment ................ 14.14, 14.15 Work Change Directive ............................. 10.2 written notice required ................... 9.11, 11.2. 12.1 Clarifications and Interpretations ............ 3.6.3. 9.4, 9.11 Clean Site' ............................................ 6.17 Codes of Technical Society. Organization or Association...................................... 3.3.3 Commencement of Contract Times ..................... 2.3 Communications - 6.2. 6.9.2. 8.1 general .................................... Hazard Communication Programs ................... 6.22 Completion - Final Application for Payment ...................... 14.12 Final Inspection ................................... 14.11 Final Payment and Acceptance ............... 14.13.14.14 Partial Utilization .................................. 14.10 Substantial Completion ................... 1.38, 14.8.14.9 Waiver of Claims .................................. 14.15 Computation of Times ........................ 17.2.1-17.2.2 Concerning Subcontractors, Suppliers and Others ............................ 6.8-6.11 Conferences - initially acceptable schedules ................... I..... 2.9 preconsiruction ...................................... ............. 2.8 Conflict, Error, Ambiguity, Discrepancy - CONTRACTOR to Report ..................... 2.5, 3.3.2 Construction, before starting by CONTRACTOR .... 2.5-2.7 Construction Machinery, Equipment, etc ................ 6.4 Continuing the Work ............................. 6.29. 10.4 Contract Documents - Amending........................................... 3.5 Bonds............................................... 5.1 Cash Allowances ................................... 11.9 Change of Contract Price ............................. II Change of Contract Times ...................... 12 Changes in the Work ........................... 10.4-10.5 checkand verify ..................................... 2.5 Clarifications and Interpretations ....... 3.2. 3.6, 9.4. 9.11 definition of ........................................ 1.10 ENGINEER as initial interpreter of ................. 9.11 ENGINEER as OWNER's representative ............ 9.1 general................................................3 Insurance............................................ 5.3 Intent............................................ 3.1-3.4 minor variations in the Work ......................... 3.6 OWNER's responsibility to furnish data .............. 8.3 OWNER's responsibility to make prompt payment ....................... 8.3, 14.4, 14.13 precedence.................................... 3.1. 3.3.3 RecordDocuments ................................. 6.19 Reference to Standards and Specifications of Technical Societies .............................. 3.3 Related Work ........................................ 7.2 Reporting and Resolving Discrepancies ........... 2.5, 3.3 Reuseof.............................................3.7 Supplementing.......................................3.6 9.2 Termination of ENGINEER's Employment ........... UnitPrice Work .................................... 11.9 variations ................................. 3.6, 6.23, 6.27 Visits to Site, ENGINEER's ......................... 9.2 Contract Price - adjustment of ................ 3.5. 4.1, 9.4, 10.3. 11.2-11.3 Changeof............................................II Decision on Disputes ............................... 9.11 definition of ....................... 1.11 Contract Times - adjustment of ...................... 3.5. 4.1. 9.4. 10.3. 12 Changeof ...................................... 12.1-12.4 Article or Paragraph Number Article or Paragraph Number Commencement of ................................... 2.3 definitionof ........................................ 1.12 CONTRACLaOR- Acceptance of Insurance ............................ 5.14 Limited Reliance on Technical Data Authorized ..... 4.2.2 Communications ............................... 6.2. 6.9.2 Continue Work ................................ 6.29. 10.4 coordination and scheduling ......................... 6.9.2 definition of ........................................ 1.13 May Slop Work or Terminate ....................... 15.5 provide site access to others .................... 7.2. 13.2 Safety and Protection ....... 4.3.1.2. 6.16, 6.18, 6.21-6.23, 7.2, 13.2 Shop Drawing and Sample Review Prior to Submittal . 6.25 Shop Work requirements ........................... 4.5.2 CON'rRA(7If)R's- Compensation.................................. II.I-11.2 Continuing obligaliun ....� :....................... 14.15 Iklcclivc Work .......................... 9.6. 13.111.13.14 -DOry to cut reel c c eclrvc or ..................... 11.11 Duly to Rcpurl- Changes in the Work caused by Emergency........................................ 6.23 Defects in Work of Others ......................... 7.3 Differing conditions .............................. 4.2.3 Discrepancy in Documents ........... 2.5. 3.3.2, 6.14.2 Underground Facilities not indicated .............. 4.3.2 Emergencies ........................................ 6.23 Equipment and Machinery Rental, Cost ofthe Work ................................... 11.4.5.3 Fee -Cost -Plus ..................... 11.4.5.6. 11.5.1. 11.6 General Warranty and Guarantee .................... 6.30 Hazard Communication Programs ................... 6.22 Indemnification ...................... 6.12, 6.16, 6.31.6.33 Inspection of the Work ......................... 7.3, 13.4, Labor, Materials and Equipment .................. 6.3-6.5 Laws and Regulations, Compliance by ............. 6.14.1 Liability Insurance ................................... 5.4 Notice of Intent to Appeal ..................... 9.10, 10.4 obligation to perform and complete the Work ........ 6.30 Patent Fees and Royalties, paid for by ............... 6.12 Performance and Other Bonds ........................ 5.1 Permits, obtained and paid for by .................... 6.13 Progress Schedule ..... 2.6. 2.8, 2.9, 6.6, 6.29, 10.4, 15.2.1 Request for formal decision on disputes ............. 9.11 Responsibilities - Changes in the Work .............................. 10.1 Concerning Subcontractors, Suppliers and Others . 6.8- 6.11 Continuing the Work ........................ 6.29, 10.4 CONTRACpOR's expense ....................... 6.7.1 CONTRACTOR's General Warranty and Guaran- tee............................................... 6.30 CONTRACTOR's review prior to Shop Drawing or Sam- ple submittal ..................................... 6.25 Coordination of Work .............................. 6.9.2 Emergencies ..................................... 6.23 ENGINEER's evaluation. Substitutes or "Or -Equal" Items .......................... 6.7.3 For Acts and Omissions of Others ..... 6.9.1-6.9.2. 9.13 for deductible amounts, insurance .................. 5.9 general ................................. 6, 7.2. 7.3. 8.9 Hazardous Communication Programs ............. 6.22 Indemnification .............................. 6.31-6.33 Labor, Materials and Equipment ................ 6.3-6.5 Laws and Regulations ............................ 6.14 Liability Insurance.................................5.4 Notice of variation from Contract Documents ..... 6.27 Patent Fees and Royalties ......................... 6.12 Permits........................................... 6.13 Progress Schedule ................................. 6.6 Record Documents ............................... 6.19 related Work performed prior to ENGINEER's approval of required submittals ................. 6.28 safe structural lending ............................ 6.Ift Sabty and P101ection ................... 6.20. 7.2. 13.2 S;l'ely Rcruescnlnlivc ............................'. 6.21 ' Shup Drawings and Svuples ...................... 6.24 Shop Drawings and Samples Review by ENGIN EIiR................................ 6.26 Site Cleanliness ................................... 6.17 Suhmivad I'ruccdures ............................. 6.25 Substitute Construction Methods and Procedures.................................... 6.7.2 Substitutes and "Or -Equal" Items ................ 6.7.1 Superintendence ................................... 6.2 Supervision ........................................ 6.1 Survival of Obligations ............................ 6.34 Taxes............................................ 6.15 Tests and Inspections .............................. 13.5 ToReport ......................................... 2.5 Use or Premises .................... 6.16.6.IA. 6.30.2.4 Review Prior to Shop Drawing or Sample Submittal .. 6.25 Right to adjustment for changes in the Work ......... 10.2 right to claim .. 4, 7.1. 9.4, 9.5, 9.11, 10.2. 11.2. 11.9, 12.1. 13.9. 14.8. 15.1, 15.5. 17.3 Safely and Protection ................. 6.20-6.22. 7.2. 13.2 Safely Representative ............................... 6.21 Shop Drawings and Samples Submittals ......... 6.24-6.28 Special Consultants ............................... 11.4.4 Substitute Construction Methods and Procedures ..... 6.7 Substitutes and "Or-F.qual" Items, Expense .. 6.7.1, 6.7.2 Subcontractors. Suppliers and Others ............ 6.8-6.11 Supervision and Superintendence ........... 6.1. 6.2. 6.21 Taxes. Payment by .................................. 6.15 Use of Premises ................................. 6.1&6.18 Warranties and guarantees ...................... 6.30. 6.5 Warranty of Title ................................... 14.3 Written Notice Required- CON'fRACIOR slap Work or terminate ........... 15.5 Reports of Differing Subsurface and Physical Condi- tions ............................................. 4.2.3 Substantial Completion ........................... 14.8 CONTRACTORS -other ................................ - Contractual Liability Insurance ...................... 5.4.10 Contractual Time Limits .............................. 12.2 Coordination c-tic -6 Article or Paragraph Number Article or Paragraph Number CONTRACTOR's responsibility .................... 6.9.2 Copies of Documents .................................. 2.2 Correction Period .................................... 13.12 Correction, Removal or Acceptance of Defective Work in general ............................. 10.4.1, 13.10.13.14 Acceptance of Defective Work ..................... 13.13 Correction or Removal of Defective Work ..... 6.30, 13.11 Correction Period .................................. 13.12 OWNER May Correct Defective Work ............. 13.14 OWNER May Slop Work .......................... 13.10 Cost - of Tests and Inspections.............................13.4 Records............................................11.7 Cost of the Work - floods and insurance, additional ................. 11.4.5.9 Cash Discounts ................................... 11.4.2 CONTRAC'If )It's Fcc .... f ............1........... 11.6 Employee Expenses ............................. 11.4.5.1 Exclusions lu....................................... 11.5 General ........................................ 11.4.11.5 Home office and overhead expenses ................. 11.5 Losses and damages ............................. 11.4.5.6 Materials and equipment .......................... 11.4.2 Minor expenses ................................. IL4.5.8 Payroll costs on changes .......................... 11.4.1 performed by Subcontractors ...................... 11.4.3 Records............................................ 11.7 Rentals of constntclion equipment and machinery . I I.4.S.3 Royally payments, permits and license fees ...... 11.4.5.5 Site office and temporary facilities ............... 11.4.5.2 Special Consultants, CONTRACf10R's ............ 11.4.4 Supplemental..................................... 11.4.5 Taxes related to the Work ....................... 11.4.5.4 Tests and Inspection ................................ 13.4 Trdde Discounts .................................. 11.4.2 Utilities, fuel and sanitary facilities ............... 11.4.5.7 Work after regular hours .......................... 11.4.1 Covering Work ................................... 13.6.13.7 Cumulative Remedies ............................ 17.4.17.5 Cutting, filting and patching Data, to be furnished by OWNER ...................... 8.3 Day -definition of ................................... 17.2.2 Decisions on Disputes ........................... 9.1 I, 9.12 defective --definition of ................................ 1.14 defective Work- Acceptance of .............................. 10.4.1. 13.13 Correction or Removal of ................... 10.4.1, 13.11 Correction Period .................................. 13.12 in general ................................. 13, 14.7, 14.11 Observation by ENGINEER ......................... 9.2 OWNER May Stop Work .......................... 13.10 Prompt Notice of Defects ........................... 13.1 Rejecting ............................................ 9.6 Uncovering the Work...............................13.8 Definitions............................................... Dclays................................. 4.1, 6.29, 12.3-12.4 Delivery of Bonds ...................................... 2.1 Delivery of certilicates of insurance ..................... 2.7 Determinations for Unit Prices ........................ 9.10 Differing Subsurface or Physical Conditions Notice of .......................................... 4.2.3 ENGINEER's Review ............................. 4.2.4 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Discrepancies -Reporting and Resolving .... 2.5, 3.3.2, 6.14.2 Dispute Resolution - Agreement ..................................... 16.1-16.6 Arbitration ..................................... 16.1-16.5 general............................................... 16 Mediation.......................................... 16.6 Dispute Resolution Agreement .................... 16.1-16.6 Disputes, Decisions by ENGINEER .............. 9.11-9.12 Documents- ('opdcs of ............................................ 2.2 Record............................................. 6.19 Reuseor ............................................. 3.7 Drawings -definition of ............................... 1.15 Easements.............................................4.1 Effective date of Agreement -definition of ............. 1.16 Emergencies .......................................... 6.23 ENGINEER - as initial interpreter on disputes ................. 9.11-9.12 definition of ........................................ 1.17 Limitations on authority and responsibilities ................................. 9.13 Replacementof ...................................... 8.2 Resident Project Representative ......................9.3 ENGINEFR's Consullant-definition of ............... 1.18 ENGINEER's- authority and responsibility, limitations on ........... 9.13 Authorized Variations in the Work .................... 9.5 Change Orders, responsibility for .......... 9.7, 10. 11, 12 Clarifications and Interpretations ............... 3.6.3. 9.4 Decisions on Disputes .......................... 9.11-9.12 defective Work, notice of ........................... 13.1 Evaluation of Substitute Items ...................... 6.7.3 Liability ....................................... 6.32. 9.12 Notice Work is Acceptable ......................... 14.13 Observations ................................. 6.30.2, 9.2 OWN ER's Representative ........................... 9.1 Payments to the CONTRACTOR, Responsibility for .............................. 9.9. 14 Recommendation of Payment ................. 14.4, 14.13 Responsibilities - Limitations on ............................... 9.11-9.13 Review of Reports on Differing Subsurface and Physical Conditions .......................... 4.2.4 Shop Drawings and Samples, review responsibility ..................................... 6.26 Status During Construction - authorized variations in the Work .................. 9.5 Clarifications and Interpretations ................... 9.4 Decisions on Disputes ........................ 9.11.9.12 Determinations on Unit Price ..................... 9.10 ENGINEER as Initial Interpreter ............. 9.11.9.12 ENGINEER's Responsibilities ................ 9.1-9.12 M n�ro•1 M Arline or I'litagraph Arlin- ur PuruRruph - Number Number Lir• Jalions on ENGINEER's Authority and deductible amounts, CON`rRACPOR's Responsibilities ................................... 9.13 responsibility .................................... 5.9 OWNER's Representative ......................... 9.1 Final Application for Payment ...................... 14.12 Project Representative ............................. 9.3 Licensed Insurers .................................... 5.3 Rejecting Defective Work .......................... 9.6 Notice requirements, material Shop Drawings, Change Orders and changes..................................5.8. 10.5O : I'dyments.................................... 9.7-9.9 Option to Repl:lce.................................. 5.14 Visits to Site ...................................... 9.2 other special insurances ............................. 5.10 Unit Price Determinations ........................... 9.10 OWNER as fithlciary for insureds .............. 5.12-5.13 Visits to Site ......................................... Written 9.2 OWNER's Liability .................................. 5.5 consent required ......................... 7.2, 9.1 OWNER's Responsibility ............................ 8.5 Equipment, Labor, Materials and ................... 6.3-6.5 Partial Utilization, Properly Insurance ............... 5.15 Equipment rental, Cost of the Work ................ 11.4.5.3 Property ......................................... 5.6.5.10 _ Equivalent Materials and Equipment .................... 6.7 Receipt and Application of Insurance Proceeds .. 5.12-5.13 Errors or omissions ................................... 6.33 Special Insurance ................................... 5.10 Evidence of Financial Arrangements ................... 8.11 Waiver of Rights....................................5.11 Explorations of physical conditions ................... 4.2.1 Intent of Contract Documents ....................... 3.1-3.4 ` Fee CONTRACIOR's�osts-Plus, _.....y(,6- -lnlerprciatiuns a d-Glarifirui . ................. . . 9. Field Order- Investigations of physical conditions .................... 4.2 definition of ........................................ 1.19 L Ihor, Materials :and E411irlincllt .................... 6.3b.5 issued by ENGINEER ......................... 3.6.1, 9.5 Lands - Final Application for Payment ........................ 14.12 and Easements ...................................... 8.4 Final Inspection ...................................... 14.11 Availability of ................................... 4.1.8.4 Final Payment- Reports & Tests ..................................... 8.4 ' and Acceptance .............................. 14.13-14.14 Laws and Regulations -Laws or Regulations- -; Prior to, for cash allowances II.B Bonds ........................................... 5.1.5.2 General Provisions ............................... 17.3-17.4 Changes in the Work'................................ 10.4 General Requirements- Contract Dotanents................................. 3.1 .t defintion of ...................................... , 1.20 CONTRACTOR's Responsibilities ................... 6.14 principal references to .............. 2.6, 6.4. 6.6-6.7, 6.24 Correction Period, defective Work ...............:.. 13.12 Giving Notice ......................................... 17.1 Cost of the Work, taxes ......................... 11.4.5.4 x i- Guarantee of Work -by definition of ........................................ 1.22 CONTRACTOR ............."""""""" 6.30, 14.12 general ......................................... :... 6.14 Hazard Communication Programs ' B ...................... 6.22 Indemnification """""""""""""""" 6.31-6.33 Hazardous Waste- Insurance............................................5.3 r definition of 1.21 Precedence .............................. 3. I: 3.3.3 general .............................................. .. 4.5 Reference to ................................... 3.3.1 OWNER's responsibility for 9.10 Safety and Protection .......................... 6.20, 13.2 ........................ Indemnification ........................ 6.12, 6.16, 6.31-6.33 Subcontractors, Suppliers and Others ............ 6.8.6.11 Initially Acceptable Schedules .......................... 2.9 Tests and Inspections Use of Premises .. 13.5 Inspection- Visits to Site ......................................... ...................... 9.2 Certificates of ......................... 9.13.4, 13.5. 14.12 Liability Insurance - Final ..............................................14.11 CONTRACIUR's.................................... 5.4 Special, required by ENGINEER .................... 9.6 OWNI:R's........................................... 5.5 'Nods rmd Approved ........................ 8.7. 13.3-13.4 Lieeosed 5utclies anal lnsnrels ......................... 5.3 111%11111ller - I .II•IIY - i Acceptancc oil. by OWNER .........I ` ............... 5.1.1 APPlicution I'm I'Inpn•w Ihlvulenl ,.................. 1.1.2 Atlditiolial. let(lliletl by clllaIgex 01111raetln's Warlallly of'I isle ....................... 14.3 in the Work ................................. 11.4.5.9 Final Application I'or I",lyntenl ...................... 14.127lcfore saluting Iltc Work ............................. 2.7 definition o1'........................................ 1.23 Bonds and -in general ................................. 5 Waiver of Claims .................................. I4.15 'l.. Cancellation Provisions .............................. 5.8 Limitations on ENGINEER 's authority and ,._ Certificates of .. 2.7. 5, 5.3. 5.4.11. 5.4.13. 5.6.5, 5.8, 5.14. responsibilities ..................................... 9.13 9.13.4, 14.12 Limited Reliance by CONTRACTOR Authorized ...... 4.2.2 completed operations .............................. 5.4.13 Mainlemulce and Operating Manuals- CONTRACTOR's Liability ........................... 5.4 Final Application for Payment ...................... 14.12 CONTRACTOR's objection to coverage ............. 5.14 Manuals (of others) -- Contractual Liability .............................. 5.4.10 Precedence ....................................... 3.3.3.1 c3ocr-b Article or Paragraph Naather Reference a) in Contract Documents ................ 3.3.1 Materials and equipment - furnished by CONTRACTOR ..................... 6.3 not incorporated in Work ............................ 14.2 Materials or agllipmeni--equiSalent ..................... 6.7 Mediation (Optional) .................................. 16.7 MIIC1lanCSdeI tlilhln of .............................. 1.24 M isCellanclulS- Computation of Times .............................. 17.2 Cumulative Remedies ............................... 17.4 (living Notice ....................................... 17.1 Nolice ot'Claim ..................................... 17.3 Professional Fees and Court Costs Included .......... 17.5 M ulli-prime contracts....................................7 412 Not Shown air Indicated .............................. Notice of - Acceptability of Pr(fect ....... .................... 14.13 Award, definition of ................................. 1.25 Claim.............................................. 17.3 Det-ects.........................:................... 13.1 I)itfcling Suhuuiace or Physical Conditions ..........4.2.3 Giving.............................................. 17.1 Tests and Inspections ............................... 13.3 Variation, Shop Drawing and Sample ................ 6.27 Notice to Proceed - definition of 1.26 givingof ............................................. Notification ha Surely ................................. 2.3 10.5 Ohservalions, by ENGINEER .................... 6.30. 9.2 Occupancy of the Work ................ 5.15, 6.30.2,4, 14.10 Omissions or acts by CONTRACTOR ............. 6.9, 9.13 "Open peril" policy form. Insurance ...................3.6.2 option In Replace.....................................5.14 "Or Equal- Items ...................................... 6.7 Otherwank .............................................. 7 Overtime Work -prohibition of ......................... 6.3 OWNFR- Acceptance of defective Work ...................... 13.13 appoint an I;N(;INI-'I:R .............................. 8.2 as fiduciary ....................................5.12-5.13 Availahilily of l.onls, responsihilily .................. 4.1 definition all• 1.27 dalaa, furnish ......................................... 8.3 May C'urrect Dercctive Work ....................... 13.14 May refuse as make payment ........................ 14.7 May Slop the Work ................................ 13.10 may suspend work, terminate ....................... 8.8, 13.10. 15.1.15.4 Payment, make prompt ................... 8.3. 14.4. 14.13 performance of other Work ....................... 7.1 permits and licenses, requirements ............... 6.13 purchased insurance acquirements ............... 5.6-5.10 OWNER's- Accenl•nce of the Work ......................... 6.30.2.5 Change Orders. obligation to eaecalC....................................9.6.10.4 Communicaliuns..................................... 8.1 ('our linaliull of the Work ............................ 7.4 I)ispllles, rc(joCsl fill' decision ....................... 9.11 Arrirle or Paragraph Nanther Inspections, tests and approvals ................. 8.7. 13,4 LiabilityInsurance ................................... 5.5 Noticeor Ucfects................................... 13.1 Represenodive-During Construction, ENGINEER's Status ............................ 9.1 Responsibilities- Ashestos, PCBs, Petroleum, Hazardous Waste -on Radioactive Material .................. 8.10 Change Orders .................................... 8.6 Changes in the Work .............................. 10.1 communications ................................... 8.1 CONTRACTOR's responsibilities .................. 8.9 evidence of financial :arrangements ................ 8.11 inspections, tests and approvals .................... 8.7 Insurance ......................................... 8.5 lands and easements ............................... 8.4 prompt payment by ................................ 8.3 replacement of ENGINEER 2 repots :and tests ................................... 8.4 stop or suspend Work .................. 8.8, 13.111, 15.1 terminate CONTRACTOR's services .......... H.H. 15.2 separaterepresentative at site ........................ 9.3 independenllesting................................. 13.4 use or occupancy of the Work .................................... 5.15, 14.10 written consent or approval required ............................... 9.1, 6.3. 11.4 written notice required .......... 7.1. 9.4, 9.11. 11.2, 11.9, 14.7. 15.4 PCBs - 1.79 definition of ........... :............................ general.............................................. 4.5 OWNER's responsibility liar ........................ 8.11) Partial Ulilizaation- delinition of ........................................ 1.28 general ................................... 6.30.2.4, 14.10 Properly Insurance ..............................:.. 5.15 patent Ices and Royalties ........................... 6.12 Payment Bonds ..................................... 5.1.5.2 Payments, Recommendation of ............. 14.4.14.7, 14.13 1;ayments to CONTRACTOR and Completion - Application for Progress Payments 14.2 C'ONTRACTOR's Warranty of Title ................. 14.3 Finial Application for Payment .....I ................ 14.12 Final Inspection ................................... 14.11 14.13-14.14 Finial Payment and Acceptance ............... general........................................... 8.3, 14 Partial Utilization .................................. 14.10 Relaimage........................................... 14.2 Review of Applications for Progress Payments.................................. 14.4-14.7 promptpayment ..................................... 8.3 Schedule of Values .................................. 14-1 Substantial Completion ......................... 14.8.14.9 Waiver of Claims............I..................... 14.15 when payments clue .......................... 14.4. 14.13 ............... withholding payment ................................ ... 14.7 11ciformance Itonds .... .. ......................... ..5.I-5.2 I'erlltils......... .......... ............................6.13 r C. L. t _: i gace-q Article or Paragraph Nomber Petroleum- delinition or ........................................ 1.30 general.............................................. 4.5 OWNER's responsibility for ........................ 8.10 Physical Conditions - Drawings of, in or relating to ..................... 4.2.1.2 ENGINEER's review..............................4.2.4 existing structures .................................. 4.2.2 general ........................................... 4.2.1.2 Subsurface and.......................................4.2 Underground Facilities ............................... 4.3 Possible Contract Documents Change ............... 4.2.5 Possible Price and Times Adjustments .............. 4.2.6 Reports and Drawings .............................. 4.2.1 Notice of Differing Subsurface or . .................. 4.2.3 Subsurface and ...................................... 4.2 Subsurface Conditions............................4.2.1.L Technical Data, Limited Relidnce by Ci)N9RAC10"milrtrized .................... 4...... 7 Underground lucililics-, general.......................................... 4.3 Not Shown or Indicated ....................... 4.3.2 Protection of ............................... 4.3, 6.20 Shown or Indicated ............................ 4.3.1 'Technical Dala..................................... 4.2.2 Preconslruction Conference ............................ 2.8 Preliminary Matters ...................................... 2 Preliminary Schedules..................................2.6 Premises, Use of ................................. 6.16-6.18 Price, Change of Contract ............................... I I Price, Contract -definition of .......................... 1.11 Progress Payment, Applications for .................... 14.2 Progress payment-reminage .......................... 14.2 Progress schedule, CONTRACTOR's ..... 2.6. 2.8. 2.9. 6.6. 6.29. 10.4, 15.2.1 Project -definition of .................................. 1.31 Project Representative- ENGINEER's Status During Construction ............ 9.3 Project Representative, Resident -definition or......................................1.33 prompt payment by OWNER ........................... 8.3 Property Insurance Additional ........................................... 5.7 general .......................................... 5.6.5.10 Partial Utilization ........................... 5.13, 14.10.2 receipt and application of proceeds .................................. 5.12.5.13 Protection, Safety and ....................... 6.20.6.21, 13.2 Punchlist ............................................ 14.11 Radioactive Material - definition...........................................1.32 general .............................................. 4.5 OWNER's responsibility for ........................8.10 Recommendation of Payment .............. 14.4. 14.5. 14.13 Record Documents.............................6.19, 14.12 Records. procedures for maintaining .................... 2.8 Reference Points ....................................... 4.4 Reference to Standards and Specifications of Technical Societies ................................ 3.3 Article or Paragraph Number Regulations, Laws and (or) ............................ 6.14 Rejecting Defective Work...............................9.6 Related Work - alSite ........................................... 7.1-7.3 Performed prior to Shop Drawings and Samples submittals review .................. 6,28 Remedies, cumulative ............................ 17.4. 17.5 Removal or Correction of DefectiveWork .................................... 13.11 rental agreements, OWNER approval required...................................... 11.4.5.3 replacement of ENGINEER, by OWNER .............. 9.2 Reporting and Resolving Discrepancies .... 2.5,3.3.2. 6.14.2 Reports - andDrawings ...................................... 4.2.1 and Tests. OWNER's responsibility .................. 8.4 Resident Project Representative - definitionof ........................................ 1.33 rirovision for ......................................... 9.3 Resident Superintendent, CONTRAC"IOR's ............. 6.2 Responsibilities- CONTRACTOR's-in general ........................... 6 ENGINEER's-in general...............................9 Limitations on .................................... 9.13 OWNER's-in general .................................. 8 Retainage.............................................. 14.2 Reuse of Documents : .................................. 3.7 Review by CONTRACTOR: Shop Drawings and Samples Prior to Submittal ...................... 6.25 Review of Applications for Progress Payments ....................................... 14.4-14.7 Right to an ;adjustment ................................ 10.2 Rights of Way ..........,_ ......................"....... 4.1 Roynhies. Patent Pees and ............................. 6.12 Safe Structural Loading ............................... 6.18 Safety - and Protection ....... 4.3.2, 6.16, 6.18, 6.20-6.21. 7.2. 13.2 general ........................................ 6.20-6.23 Representative, CON'rRAC X)R's ................... 6.21 Samples - definition of ........................................ 1.34 general ........................................ 6.24-6.28 Review by CONTRACTOR ......................... 6.25 Review by ENGINEER ....................... 6.26. 6.27 related Work ........................................ 6.28 submittal of ....................................... 6.24.2 submittal procedures ................................ 6.25 Schedule of progress ..... 2.6. 2.8.2.9. 6.6. 6.29, 10.4. 15.2.1 Schedule of Shop Drawing and Sample Submittals ....................... 2.6. 2.8-2.9. 6.24.6.28 Schedule of Values ........................ 2.6. 2.8-2.9. 14.1 Schedules - Adherence to ..................................... 15.2.1 Adjusting............................................ 6.6 Change of Contract Times .......................... 10.4 Initially Acceptable ............................... 2.8.2.9 Preliminary .......................................... 2.6 Scope of Changes .............................. 10.3-10.4 Subsurface Conditions .............................. 4.2.1.1 c*=)_LD Article or Puragruph Number Article or Parngruph Number Shop Drawings - 6.24-6.28 and Samples, general ........................... Change Orders & Applications for llayments. and ............................... 9.7-9.9 definition of 1.35 FNGINEER's approval of ......................... 3.6.2 FNGINFER's responsibility for review 9.7, 6.24.6.2tl relatedWink ............................... I........ 6.28 review procedures ......................... 2.8. 6._'4-6.28 submittal required ................................. 6.24.1 Submittal Procedures ............................... 6.25 list to approve substitutions ..........:............. 6.7.3 Shown or Indicated ................................ 4.3.1 SiteAccess ....................................... 7.2, 13.2 6.17 Site Cleanliness ....................................... Site. Visits ttt- 9.2. 13.1 by F.NGINI;FR 13.2 by &)liters ........................................... ........... "Special causes of loss" policy form. insurance .......5.6.2 Specifications - 1.36 definition of ........................................ of Technical Societies, reference to ................. 3.3.1 precedence........................................ 3.3.3 Standards and Specificittions of Technical Societies..... .......................... .......... 3.3 Starting Construction, Before ....................... 2.5-2.8 Starting the Work ...................................... 2.4 Stop or Suspend Work - by CONTRACTOR ................................. 15.5 by OWNER ............................. 8.8. 13.10, 15.1 Storage of maleriuls and equipment ................. 4.1, 7 2 Structural Loading. Safely ............................. 6.18 subcontracurr- 6.8-6.11 Conceming...................................... 1.37 definition of ........................................ delays..................... ........... I............. 12.3 waiver of rights ..................................... 6.11 Subconlrrctors-in genera ........................ 6.8-6.11 Subcontracts -required provisions ........ 5.11, 6.11. 11.4.3 Submittals - 14.2 Applications for Ilayment .................. Maintenance and OPerali&)n Manuals ............... 14.12 .................................... Procedures .: ... 6.25 Progress Schedules .............................. 2.6.2.9 Samples 6.24.6.28 Schedule of Values ............................. 2.6. 14.1 Schedule of Shop Drawings and Samples Submissions .................... 2.6. 2.8-2.9 Shop Drawings ................................. 6.24-6.28 Substantial Completion - certification of ........................ 6.30.2.3, 14.8-14.9 definitionof ........................................ 1.38 Substitute Constriction Methods or Procedures ....... 6.7.2 Substitutes and "Or Equul" Items ...................... 6.7 CONTR.ACTOR's Expense ....................... 6.7.1.3 ENGINEFR's Evaluation .......................... 6.7.3 „Or-Egrtul"........................................ 6.7.1 Substitute Construction Methods of Procedures ..... 6.7 2 Substitute Items .................................. 6.7.1.2 Subsurface and Physical Conditions - Drawings of, in or relating to ..................... 4.2.1.2 .................. FNGINEER'sReview ......•••..4"4 general.............................................. 4.2 Limited Reliance by CONTRACTOR Authorized .................................... 4?.2 ,Notice ill Dlllerillg Sllhsttffacc or Physical Conditions ................................ 4.2.3 Physical Conditions ................................. 4.2.1.2 Possible Conirdet Documents Change ................. 4.2.5 Possible Price and Times Adjustments ................ 4.2.6 Reports and Drawings .......4.2.1 Subsurfaceand ........ ............................. 4.2 Subsurface Conditions at the Site ................. 4.2.1.1 Technical Data ..................................... 4 2.2 Supervisiun- 6.1 CONTRA(`fOlt s responsibility ...................... OWNER shall not supervise ......................... 9.9 ENGINFFR shall not supervise ............... 9.2. 9.13.2 Superintendence ....................................... Superintendent, CONTRACTOR's resident Supplemental costs .................................. 11.4.5 Supplementary Conditions - 1.39 definition of ........................................ principal reference to .... 1.10. 1.18. 2.2. 2.7, 4.2. 4.3. 5.1. 5.3. 5.4, 5.6.5.9, 5.11. 6.8, 6.13. 7.4, 8.11. 9.3. 9.10 Supplementing Contract Documents .................... 3.6 Supplier - definition of ...................................... principal references to .................. 3.7, 6.5, 6.8-6.11. 6.20, 6.24. 9.13. 14.12 Waiver of Rights .................................... 6.11 Surely - consent to final payment ..................... 14.12, 14.14 ENGINEER has no duty to ......................... 9.13 Notification of ........................... Io.I. 10.5. 15.2 qualification of ......... ..........................5.1- .3 Survival of Obligations .............................. Suspend Work, OWNER May .................. 13.10. 15:1 Suspension of Work and Termination- .................. 15 CONTRACTOR May Stop Work or Terminate .......... OWNER May Suspend Work ....................... 15.5 15.1 OWNU May'lerminale ....................... IS?-15.4 Taxes-I',lyment by CONTRACTOR .................... 6.15 Technical Data- 4.2.2 1-imiled Reliance by CONTRACTOR ............... Possible Price and Times Adjustments .............. 4.2.6 Reports of Differing Subsurface and Physical Conditions .............................. 4.2.3 Temporary constriction facilities ........................ 4.1 Termination - 15.5 by CONTRACTOR ...............I ................. by OWNER ............................... 8.8. 15.1-15.4 of ENGINEER's employment .:..... ................. 8.2 Suspension of Work-in general ........................ 15 Terms and Adjectives .................................. 3.4 Tests and Inspections- .._ 0 3ctt -11 Article or Paragraph Article or Paragraph Number Nwnher Acce .s to the Work, by others ...................... 13.2 Utilization. Partial ............... 1.28. 5.15, 6.30, 2.4, 14.10 CONTRACTOR's responsibilities .................... 13.5 Value of the Work ..................................... 11.3 cost of .................. :........................... 13.4 Values, Schedule of ....................... 2.6. 2.8.2.9. 14.1 covering Work prior to ....I .................... 13.6-13.7 Variations in Work -Minor Laws and Regulations (or) .......................... 13.5 Authorized ,............................... 6.25. 6.27. 9.5 Notice of Defects ................................... 13.1 Visits of Site -by ENGINEER ......................... 9.2 OWNER May Stop Work .......................... 13.10 Waiver or Claims -on Final OWNER's independent testing ...................... 13.4 Payment ........................................... 14.15 - special, required by ENGINEER ..................... 9.6 Waiver of Rights by insured parties ............... 5.11. 6.11 _ timely notice required ............................... 13.4 Warranty and Guarantee, General -by Uncovering the Work, at ENGINEER's CONTRACTOR .................................... 6.31) request .................................... 13.8-13.9 Warranty of Title, CONTRACTOR's ................... 14.3 Times- Work - Adjusting............................................ 6.6 Access to .,......................................... 13.2 Change of Contract ................................... 12 by others, ............................................. 7 Adjusting .......................................:.... 6.6 Changes in the ....................................... 10 Computation or ............ ........ 17.2 Continuing [he ...................................... 6.29 --Co7rrracYrlm' es efint ion o ....................... 1.12 CNTRACTOR-M"-StupWork day ........17.72 or Terminate ................................... 15.5 Milestones .............................. 12 Coordination of ...................................... 7.4 • Requirements- Cost of the ............................. 11.4•II.5 appeals ........sand ............................ 16 definition of........................................1.43 clarifications, claims and neglected b CONTRACTOR B Y • • • • • • • � • • • • • • • • • • • ... 13.14 disputes ............................. 9.II, 11.2. 12 other Work ............................................ 7 j commencement of contract limes 2.3 OWNER May Slop Work .......................... 13.10 ;^ ................... i preconsiruclion conference ......................... 2.8 OWNER May Suspend Work ................. q. 13.10. 15.1 schedules ................................. 2.6, 2.91 6.6 Related, Work at Site ............................. 7.1-7J starling the Work .................................. 2.4 Starting the .......................................... 2.4. Title. Warranty of ..................................... 14.3 Stopping by CONTRACTOR ........................ 15.5 t Stopping by OWNER 15.1-15.4 - Uncovering Work ................................ 13.8-13.9 Variation and deviation authorized, Underground Facilities, Physical Conditions- i................................. tumor :. J 6 7 r definition of ........................................ 1.41 Work Change Directive - Not Shown or Indicated ............................ 4.3.2 claims pursuant to .................................. 10.2 protection of ................................... 4.3, 6.20 definition of ........................................ 1.44 Shown or Indicated ................................ 4.3.1 principal references to .................... 3.5.3. 10.1-10.2 Unit Price Work- Written Amendment - claims .........................................:.. 11.9.3 definition of ........................................ 1.45 definition of ........................................ 1.42 principal references to ... 1.10. 3.5. 5.10, 5.12, 6.6.2, 6.8.2, general .................................. 11.9, 14.1, 14.5 6.19, 10.1. 10.4, 11.2. 12.1. 13.12.2. 14.7.2 Unit Prices- Written Clarifications and general........................................... 11.3.1 r-, Determination for .................................... 9.10 Use of Premises ........................ 6.16, 6.18, 6.30.2.4 ' Utility owners ...................... 6.13, 6.20, 7.1-7.3, 13.2 Interpretations ........................... 3.6.3, 9.4. 9.11 Written Notice Required - by CONTRACTOR ........ 7.1. 9..10-9.11, 10.4. 11.2. 12.1 by OWNER ....................9.10-9.11, 10.4. 11.2. 13.14 GENERAL CONDITIONS ARTICLE I —DEFINITIONS Wherever used in these General Conditions or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular :rod plural thereof: I.I. Addenda —Written or graphic instmments issued prior to the opening of Bids which clarify, correct or change the Bidding Requirements or the Contract Documents. 1.2. Agreement —The written contract between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereuras provided themiia. 1.3. Application for Payment —The form accepted by EN- GINEER which is to be used by CONTRACTOR in requesting progress or final payments and which is to he accompanied by such supporting documentation as is required by the Contract Documents. 1.4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United Stales Occupational Surety and I leadth Administration. I.S. Bid —The offer or proposal of the bidder submit led on the prescribed form setting forth the prices for the Work to be performed. 1.6. Bidding Doc•unrents—The advertisement or invitation to Bid, instructions to bidders, the Bid form, and the proposed Contract Documents (including all Addenda issued prior 10 receipt of Bids). 1.7. Bidding Requiremeras—The advertisement or invita- tion to Bid, instructions to bidders, and the Bid form. I.S. Bonds —Performance and Payment bonds and other instruments of security. 1.9. Change Order —A document recommended by ENGI- NEER, which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 1.10. Contract Documents —The Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Prucecd, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Draw- ings as the same are more specifically identified in the Agree - metal, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders and ENGINEER's written interpretations and clarifications issued pursuant to paragraphs 3.5, 3.6.1, and 3.6.3 on or after the Effective Date of the Agreement. Shop Drawing Submittals approved pursu- ant to paragraphs 6.26 and 6.27 and the reports and drawings referred to in paragraphs 4.2.1.1 and 4.2.2.2 are not Contract Documents. 1.11. Contract Price —The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.9.1 in the case of Unit Price Work). 1.12. Contract Times —The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, trod (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommenda- tion of final payment in accordance with paragraph 14.13. 1.13. CONTRACTOR —The person. firm or corporation with whom.OWNER has entered into the Agreement. 1.14. defective —An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, in that it does not conform to the Contract Docu- ments, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to ENGI- NEER's recommendation of final payment (unless responsi- bility rorthe protection thereofhas been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). 1.15. Drawings —The drawings which show the scope. extent and character of the Work to be furnished and per- formed by CONTRACTOR and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents. Shop drawings are not Drawings as so defined. 1.16. Wec•tive Dale of the Agreement —The dale indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.17. ENGINEER —The person, firm or corporation named as such in the Agreement. 1.18. ENGINEER's Constdrant—A person, firm or corpo- ration having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or con- sultant with respect to the Project and who is identified as such in the Supplementary Conditions. 1.19. Field Order —A written order issued by ENGINEER which orders minor changes in the Work in accordance with paragraph 9.5 but which does not involve a change in the Contract Price or theCuntract Times. 0300-1L L_ �I 1.20. General Requirements —Sections of Division I of the Specifications. 1.21. llazardntts Waste —The term Hazardous Waste shall have the meaning provided in Section I W4 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to lime. 1.22. Lams and Regulations; Lines or Regulations —Any and all applicable laws, rules, regulations, ordinances, codes and orders or any anti all governmental bodies, ;agencies, authorities and courts having jurisdiction. 1.23. Liens —Liens, charges. security interests or encum- brances upon real property or personal property. 1.24. Milestone —A principal event specified in the Con- tract Documents relating to an intermediate completion date or lime prior to Substantial Completion of all the Work. 1.25. Notice ajAward—The written notice by OWNER to the apparcnl successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the lime specified, OWNER will sign and deliver the Agreement. 1.26. Notice roProceed—A writ ten notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the dale on which the Conlract'rimes will commence to ram and on which CONTRACTOR shall start to perform CONTRAC- TOR's obligations under the Contract Documents. 1.27. OWNER —The public body or authority, corpora- tion, •association, firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. 1.28. Partial Utilization —Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 1.29. PCBs —Polychlorinated biphenyls: 1.30. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Wastes and crude oils. 1.31. Projert—The total construction of which the Work to he provided under the Contract Documents may be the whole, or a part as indicated elsewhere in the Contract Documents. 1.32. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 1.33. Resident Prnject Representative— The authorized representative of ENGINEER who may be assigned u) the site or [lily pant thereof. 1.3C Samples—Physicalexamplesof materials. equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 1.35. Shop Urrnrings—All drawings, diagrams, illusira- lions, schedules and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 1.36. Speciraion.s—Those portions of the Contract Doc- uments consisting of written technical descriptions of maleri- als, equipment, construction systems, standards and workman- ship as applied to the Work and certain administrative details 1.37. Sohcontrartor—An individual. firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. 1.38. Shbsrantial Completion —The Work (or, a specified part thereof has progressed to the point where, in the opinion of ENGINEER as evidenced by ENGINEER's definitive certificate of Substantial Completion, it is sufficiently com- plete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by' ENGINEER's written recommendation of final payment in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 1.39. Siipplementary Conditions —The part of the Contract Documents which amends or supplements these General Con- ditions. 1.40. Supplier —A manufacturer, fabricator, supplier,•dis- iributor, materialman or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materi- als or equipment to be incorporated in the Work by CON- TRACTOR or any Subcontractor. 1.41. Underground Facilities —All pipelines, conduits. ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or materials; electricity, gases, steam, liquid petroleum products, telephone or other communica- tions, cable television, sewage and drainage removal, traffic or other control systems or water. 1.42. Unit Price Work —Work to be paid for on the basis of unit prices. U3co -1 J 1.43. Work —The entire completed construction or the var- ious separately identifiable parts thereof required to be fur- nished under the Contract Documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing docu- ments, all as required by the Contract Documents. 1.44. Work Change Directive —A written directive to CON- TRACTOR, issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical condi- tions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.23. A Work Change Directive will not change the Contract Price or the Contract Times, hilt is evidence that the parties expect that the change directed or documented by a Work Change Direc-, live will be incorporated in ar §ubsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times as provided in paragraph 10.2. 1.45. Written Amendment —A written amendment of the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. ARTICLE 2—PRELIMINARY MATTERS DeBvery of Bonds: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably neces- sary for the execution of the Work. Additional copies will be furnished, upon request, at the cost of reproduction. Commencement of Contract Times; Notice to Proceed: 2.3. The Contract Times will commence to run on the thirti- eth day after the Effective Date of the Agreement. or, if a Notice to Proceed is given. on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the Jay of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. Starting the Work: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run, but no Work shall be dune at the site prior to the dale on which the Contract Times commence 10 run. — Before Starting Construction: 2.5. Before undertaking each part of the Work, CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to I-NGINIiER any conflict, error, ambiguity or discrepancy which CONTRAC- TOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Doc- uments, unless CONTRACTOR knew or reasonably should have known thereof. 2.6. Within ten days after the Effective Date of the Agree- ment (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 2.6.1. a preliminary progress schedule indicating the times (numbers of days or dales) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2.6.2. a preliminary schedule of Shop Drawing and Sam- ple submittals which will list each required submittal and the times for submitting, reviewing and processing such submit- tal; 2.6.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Such prices will include an appropriate amount of overhead and profit appli- cable to each item of Work. 2.7. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies 10 each additional insured identified in the Supplementary Condi- tions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and maintain in accordance with para- graphs 5.4. 5.6 and 5.7. Preconstruetion Conference: 2.8. Within twenty days after the Contract Times start to run, but before any Work at the site is started, a conference IN rJ 0'4�CU - is W t_ 6., L attended by CONTRACTOR. ENGINEER and others as ap- propriale will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.6. procedures for handling Shop Drawings and other submittals, processing Applications for Payment and maintaining required records. Initially Acceptable .Schedules: 2.9. Unless otherwise provided in the Contract Docu- mcnls, al (cast ten days before submission of the lint Applica- tion for I:aymenl a conference mtended.by CONT'RAC'IOR, ENGINEER and others as appropriate will be held to review for acceptability to ENGINEER as provided below Ilse sched- ules submitted in accordance with paragraph 2.6. CONTRAC- TOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the provided below. The progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work loeompletion within any specified Milestones and the Contract Times, but such acceptance will neither impose on ENGI- NEER responsibility far t he sequencing, scheduling or progress of [be Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule or Shop Drawing and Sample submissions will be acceptable to ENGINEER as providing a workable arrange- ment for reviewing and processing the required submittals. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance. ARTICLE 3—CONTRACT DOCUMENTS: INTENT, AMENDING. REUSE '� INCeQ: I 3.1. The Contract Documents comprise the entire agree- ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be con. structed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well- known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words or phrases shall be interpreted in accordance with that meaning. Clurifa- cations and interpretations of the Contract Documents shall be issued by ENGINEER as provided in paragraph 9.4. 3.3. Reference to Standards and .Specificarians of Technical Societies; Reporting and Resolving Discrepancies: 3.3.1. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whellier such reference he specific or by implication. shall mcau the latest standard, specilicmioo. nuuut:l, code or Laws or Rcgid:thou% in ell-ect al the little of opening of (lids (or, un the Effective Dade of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 3.3.2. If. during the performance of the .Work, CON- TRACTOR discovers any conflict, error, ambiguity or dis- crepancy within the Contract Documents or between the onlract ocunlents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in paragraph 6.5. CONTRACTOR shall report it to ENGINEER in writing at once, and, CONTRACTOR shall not proceed wilh the Work affected thereby (except in an emergency as authorized by paragraph 6.23) until an amendment or supplement to the Contract Documents has been issued by one or the methods indicated in paragraph 3.5 or 3.6; provided, however. that CONTRACTOR shall not be liable to OWNER or ENGI- NEER for failure to report any Stich conflict, error, ambigu- ity or discrepancy unless CONTRACTOR knew or reason- ably should have known thereof. 3.3.3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indi- cated in paragraph 3.5 or 3.6.-the provisions of the Contract Documents shall lake precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and: 3.3.3.1. the provisions of any such standard, speci- fication, manual, code or instruction (whether or nol specifically incorporated by reference in the Contract Documents); or 3.3.3.2. the provisions of any Stich Laws or Regu- lations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). No provision of any such standard. specification, manual. code or instruction shall he effective to change the dwies and responsibilitiesof OWNER. CONTRACTUR or ENGINEER. or any of their subcontractors, consultants, agents, or em- ployees from those set forth in the Contract Documents. nor shalt it he effective in assign to OWNER. ENGINEER or any of ENGINEF.R's Consultants, agents oremployees any duty or authority to supervise or direct the furnishing or rue n':�C)V• , performance of the Work or any duty or authority to under- take responsibility inconsistent with the provisions of para- graph 9.13 or any other provision of the Contract Docu- ments. 3.4. Whenever in the Contract Documents the terms "as ordered;' "as directed;' "as required,' "as allowed,' "as approved" or terms of like effect or import are used, or the •adjectives "reasonable; ' "suitable,' "acceptable; "'proper" or "salisfactory" or adjectives of like effect or import are used to describe a requirement, direction, review or judg- ment of c.NGINEER as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate. in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provi. sions of paragraph 9.13 or any other provision of the Contract Documents. Amending and Supplementing Contract Documents: 3.5. The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 3.5.1. a formal Written Amendment, 3.5.2. a Change Order (pursuant to paragraph 10.4), or 3.5.3. a Work Change Directive (pursuant to paragraph 10.1). 3.6. In addition, the requirements of the Contract Docu- ments may be supplemented• and minor variations and devia- tions in the Work may be authorized, in one or more of the following ways: 3.6.1. a Field Order (pursuant to paragraph 9.5). 3.6.2. ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 6.26 and 6.27). or 3.6.3. ENGINEER's written interpretation or clarifica- tion (pursuant to paragraph 9.4). Reuse of Do(!umenls: 3.7. CONTRACTOR, and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with OWNER 01 shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seat of ENGINEER or ENGINEER's Consultant, and tii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification oradaption by ENGINEER. ARTICLE 4—AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL CONDITIONS: REFERENCE POINTS Availability of Lands: 4.1. OWNER shall furnish, as indicated in the Contract Documents• the lands upon which the Work is to he performed, rights -of -way and easements for access thereto, and such other lands which are designated for the use of CONTRACTOR. Upon reasonable written request, OWNER shall furnish CON- TRACTOR with a correct statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's lien against such lands in accordance with applicable Laws and Regulations. OWNER shall identify any encumbrances or restrictions not of general application but specifically related to use of lands so furnished with which CONTRACTOR will have to comply in performing the Work. Easements for permanent stnactures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise provided in the Contract Docu- ments. If CONTRACTOR and OWNER are unable to agree on entitlement to or the amount or extent of any adjustments in the Contract Price or the Contract Times as a result of any delay in OWNER's furnishing these lands, rights -of -way or easements, CONTRACTOR may make a claim therefor as provided in Articles II and 12. CONTRACTOR shall provide for :all additional lands and access thereto that may be required'for temporary construction facilities or storage of materials :and equipment. 4.2. Subsurface and Physical Conditions: 4.2.1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 4.2.1.1. Subsurface Conditions: Those reports of explo- rations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 4.2.1.2; Physical Conditions;Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site lexcept Underground Facilities) that have been utilized by ENGINEER in Prepuc- ing the Contract Documents. 4.2.2. Liutited Reliance by CON7'RACIOR Authorized; Technical Dam: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supple- mentary Conditions. Except for such reliance on such "tech- nical data," CONTRACTOR may not rely upon or make any claim against OWNER. ENGINEER or any of ENGINEER's Consultants with respect to: 4.2.2.1. the completeness of such reports and drawings fur CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods• techniques• se- quences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs inci- dent thereto, or 4.2.2.2. other data, interpretations, opinions and infor- mation contained in such reports or shown or indicated_in suc drawines, or - 4.2.2.3. any CONTRACTOR interpretation of or conclu- sion drawn from any "technical data" or any such data, interpretations, opinions or information. 4.2.3. Notice ni' Di�•ring Subsurfiwe or Physical Condi- tions: If CONTRACTOR believes that any subsurface or physical conditional orcontiguous to the site that is uncovered or revealed either: 4.2.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraphs 4.2.1 and 4.2.2 is materially inaccurate, or 4.2.3.2. is of such a nature as to require a change in the Contract Documents. or 4.2.3.3. differs materially from that shown or indicated in the Contract Documents, or 4.2.3.4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recog- nized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by paragraph 6.23). notify OWNER and ENGINEER in writing about such condition. CONTRAC- TOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until re- ceipt of written order to do so. 4.2.4.. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with re- spect thereto and advise OWNER in writing (with a copy to CON'I'RACIUR) of ENGINEER's findings and conclusions. 4.2.5. Possible Controct Documents C'hunit.: II' ICNGI- NEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in paragraph 4.2.3., a Work Change Directive or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of such change. 4.2.6. Possible Price and Times Adjustments: An equitable adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition causes ;in increase or de- crease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 4.2.6.1. such condition must meet anyone or more of the categories described in paragraphs 4.2.3.1 through 4.2.3.4. inclusive; 4.2.6 a paragraph 4.2.5 will not bean automatic authorization of nor a condition precedent to entitlement to any such adjustment; 4.2.6.3. with respect to Work that is paid for on a Unit Price Basis• any adjustment in Contract Price will be subject to the provisions of paragraphs 9.10 and 11.9; and 4.2.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times if; 4.2.6.4.1. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a bid or becoming bound under a negotiated contract; or 4.2.6.4.2. the existence of such condition could rea- sonably have been discovered or revealed as a result of any examination, investigation, exploration, lest or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTC)R's making such final commitment; or 4.2.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.2.3. If OWNER and CONTRACTOR are unable to agree on entitlement to or as to the amount or length of any such equitable adjustment in the Contract Price or Contract Times. a claim may be made therefor as provided in Articles I 1 and 12. However, OWNER, ENGINEER and ENGINi:ER's Consult- ants shall not be liable to CONTRACTOR for any claims. costs, losses or damages sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.3. Physical Conditions —Underground Facilities: 4.3.1. Shown or Indicated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 4.3.1.1. OWNER :and ENGINEER shall not be respon- sible for the accuracy or completeness of any such informa- tion or data; and 4.3.1.2. The cost of all of the following will be included in the Contract Price and CONTRACTOR shall have full respon- sibility for: W reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents. (iii) coordination of the Work with the owners of such Underground Facilities during construction, and (iv) the safety and protection of all such Underground ILaellltles as provided in paragraph 6.20 and repairing any Janaage Ihele"u reselling front the Work. 43.2. Nor Shon•rt or IndireT,•;f: II'un l ludetit""" d 'ilel(ily is uncovered or revealed ut ur couligutius to the site which was not shown or indicated in the Contract Documents, CON- TRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or per- forming any Work in connection therewith (except in an emergency as required by paragraph 6.23), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence of the Underground Facility. If ENGINEER con- cludes that a change in the Contract Documents is required, it Work Change Dircelive air a Change Order will he issued as provided in Article Ill to rcllect and document such conse- quences. During such time. CONTRACTOR shall be respon- sible for the safety and protection of such Underground Facility us provided in paragraph 6.20. CONTRACTOR shall be al- lowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent that they are attributable to the existence -or any Underground Facility that was not shown or indicated in the Contract Documents and that CON- TRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on enlille- ment to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make ;a cl:liul Ihcrcftie as provided in Allicles I I and 12. I lowever. OWNI•It. 1•.NIiINFER and I- N(ifNFlitt's (%M%uhutds shall still lac litahlc lit ('ON'I'I(AI'h M loll uuy clnintx, curls. hisses ill' d:uuages inclined or suslaiued by t'ONTI(AC111R till tic in connection with any other project or anticipated project. Reference Points: 4.4. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires rclocufion because of necessary changes in grades or locations, and shall be respon- sible for the accurate replacement or relocation of such refer- ence points by professionally qualified personnel. • 4.5. Asbestos, PCBs, Petroleum, Hazardous Waste or Radio- active Material: 4.5.1. OWNER shall be responsible for any Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Material uncovered or revealed at the site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Wulf ;and which may present a substantial danger to persons or property exposed thereto in connection with the Work lit the site. ()WNlil( shall util be respamsille tin' ally such m:ds'ials Inuughl Ill the silu by CON I ItAC1 lit, tiufnouu ucluG tiuppli- ela or unyoue else fur wbuut C(INTRA('II ll( is teslxnasibk. 4.5.2. CONTRACTOR shall immediately: M stop all Work in connection with such hazardous condition and in any area affected thereby (except in an emergency as re- quired by paragraph 6.23), and (ii) notify OWNER and ENGINEER (and thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concern- ing the necessity for OWNER to retain a qualified expert 10 evaluate such hazardous condition or take corrective action, if any. CONTRACTOR shall not be required to resume Work in connection with such hazardous condition or in any such affected area until after OWNER has obtained any required permits, related thereto and delivered In CONTRACTOR special wriltcn notice: (i) specifying that such condilitin and any affected area is or has been rendered safe for the resumption of Work, or (ii) specifying any special conditions under which such Work may be resumed safely. if OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such Work stoppage or such special conditions under which Work is agreed by CON- TRACTOR to be resumed, either party may make :t claim therefor as provided in Articles I I :and 12. 4.5.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not :agree to resume such Woik under such special conditions. "hen OWNI•:R utuy older such poalino of the Wolk "hut is in cuencclion with such hnnodtins condition or in such air. Peeled area Ili be deleted I'rum the Work. if OWNER uud CONTRACTOR cannot agree as to entitlement lit or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles II and 12. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accordance -with Article 7. 4.5.4. To the fullest extent permitted by Laws :and Reg- ulations. OWNER shall indemnify and hold harmless CON- TRACTOR, Subcontractors. ENGINEER, ENGINEER's o:co- 1,1 Consultants and the officers, directors, employees, agents, other consultants and subcontractors of each and any of them from and against all claims, costs, losses and damages arising out of or resulting from such hazardous condition, provided that: M any such claim, cost, loss or damage is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and 00 nothing in this subparagraph 4.5.4 shall obligate OWNER to indemnify any person or entity from and against the consequences of that person's or entity's own negli- gence. 4.5.5. '11ae pnavisious of pmogmphs 4.2 and 4.1 me not intended to apply to Asbestos. PCBs, Petroleum. I lazarduus Waste or Radioactive Material uncovered or revealed at the site. ARTICLE 5—BONDS AND INSURANCE IWfurmaner, Payment and Other Rands: 5.1. CONTRACIOR shall furnish 11alimuance and Pay- ment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACI'OR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one year after the date when finial payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Docu- ments except as provided otherwise by Laws or Regulations, and shall beexecuted by such sureties as are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular570(amended) by the Audit Staff, Baremu of Government Financial Opera - lions. U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 5.2. If the surety on any Bond furnished by CONTRAC- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within ten days thereafter substitute another Bond and surety, both of which must be acceptable to OWNER. S-1 1Jurnenl Sit?rdev nnrl lm arts; ('rNi/tram of hnunmrc: 5.3.1. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance 'companies that are duly licensed ortmthorizcd in the juris- diction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may he pro- vided in the Supplementary Conditions. 5.3.2. CONIRACII)R shall deliver to OWNER. with copies to each :additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to pnrchnec and m:aimnin in uccrndauce with ptragwilli iA. OWNER shall deliver to CON 'HIM']OR, with comes w each additional insured identified in the Supplenaenhry Conditions, certificates of insurance fund other evidence of insurance requested by CONTRACTOR or :any other addi- tional insured) which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 ;and 5.7 hereof. C'ONTRACTOR's Liability Insurance: 5.4. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work beiuµ pcufonned and I'unhished and as will provide pintecliun front claims set fill Ill below which shay raise oul all' tit' result from CONTRAC1OIt's pehliunhance and furnishing o1' the Work and CONTRACI'OR's other obligations under the Con - true[ Documents, whether it is to be performed or furnished by CONTRACTOR, tray Subcontractor or Supplier, or by anyone directly or indirectly employed by any or them to petbrm or furnish any of the Work, or by anyone fir whose acts uny of them may be liable: , 5.4.1. claims under workers' compensation. disability benefits and other similar employee benefit acts; 5.4.2. claims for damages because of bodily injury, oc- cupational sickness or disease, or death- of CONTRAC- TOR's employees; 5.4.3. claims for damages because of bodily injury, sick- ness or disease, or death of any person other than CON- TRACTOR's employees; 5.4.4. claims for damages insured by cuslommy personal injury liability coverage which are sustained: (it by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or tii) by any other person for any other reason; 5.4.5. claims for damuges, other than to the Work itself. 11CMUSC of injury In or dcstniction or tangible pnaperty. whrn•vrr 11Walvd, including loss of use I4-%ulling Ihcn•Ilona: and 5.4.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. The policies of insurance so required by this paragraph 5.4 to be purchased and maintained shall: 5.4.7. with respect to insurance required by paragraphs 5.4.3 through 5.4.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of profes- sional liability) OWNER, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective ullicers and engdoyees ill' all such uddiliullal Insureds; 5.4.8. include the specilie coverages and he written Ibr not less than the limits of liability provided in the Supple- mentary Conditions or required by Laws or Regulations, whichever is greater; 5.4.9. include completed operations insurance; 5.4.10. include cunlrtctuaf liahilily insurance covering CONTRACTOWs indemnity obligations tinder paragraphs 6.12, 6.16 and 6.31 through 6.33; 5.4.11. contain a provision or endorsement that [he coverage afforded will not be cancelled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRA(-IT)R and III each olher addiliontd insured identiled in the Supplcnten- lary Conditions w whom a cerlilicaw or insurintce has been issued (and the ccuti[iutes of insurulce furnished by the CONTRAVIlM pursuanl to p:ungmph 5.3.2 will %o pro- vide); 5.4.12. remain in clTecl al lent until final payment and ut all times thereafter when CONTRACTOR may he correct- ing, removing or replacing dej rdre Work in acconitnce with paragraph 13.12; and 5.4.13. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identiled in the Supplementary Condi- lions to whom a certificate of insurance has been issued evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). OWNER's Liability Insurance: 5.5. In addition to the insurance required lobe provided by CONTRACTOR under paragraph 5.4.OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Can- dilions, OWNER shull purchase and maintain prupeny insur- ance upon the Work at the site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 5.6.1. include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER, ENGINEER's Con- sultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insimthlc interest and shall he listed as an insured or ❑dlitiuuld insured; 5.6.2. be written on a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary buildings, falsework and Work in transit and shall insure against at least the following perils fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions; 5.6.3. include expenses incurred in the repair or replace- ment of any insured property (including hill not limited to fees and charges of engineers and architects); 5.6.4. covermalerials and egnipmcnl stored:d the rile or al atutlher lucalian [hat was agreed h) in wailing by OWNER prior to being ineurpolraled in the Wink. provided [had such ntateri:de :rod equipment have been included in an Applica- tion for payment recommended by ENGINEER; and 5.6.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CON- TRACTOR and ENGINEER with thirty days written notice to each other additional insured to whom a certificate of insurance has been issued. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. 5.8. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.11. c3cv-zl 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such iden- tified deductible amount, will be borne by CONTRACTOR, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within Ilse limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 5.111, If CONTRACTOR requests in writing Ih;d other special insurance be included in the properly insurance policies provided under paragraphs 5.6 or 5.7, OWNER shall, if possi- ble, include such insurance, and the cost thereof will be charged to CONTRAC11011 by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the site, OWNER shall in writing advise CONTRACTOR OWNER. 5.11. ISaiyer of Rights: 5.11.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraphs 5.6 and 5.7 will protect OWNER; CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and all other per- sons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have no rights of recovery against any of The insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER's Consultants and all other persons or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so caused. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 5.11.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGI- NEER's Consultants and the officers, directors, employees and agents of any of them, for: 5.11:2.1. loss due to business interruption, loss of use or other consequential loss extending beyond direct phys- ical loss or damage to OWNER's property or the Work caused by, arising out of or resulting from fire or other peril, whether or not insured by OWNER; and 5.11.2.2. loss or damage to the completed Project or part thereof caused by, arising out of or resulting from fire or other insured peril covered by any properly insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to paragraph 14.10. after substantial completion pursuant to paragraph 14.8 or after final payment pursuant to paragraph 14.13. Any insurance policy maintained by OWNER overing any loss. damage or consequential loss referred to in this paragraph 5.11.2 shall contain provisiuns to the effect that in the event of payment of any such loss, damage or consequential loss the insurers will have no rights of 'recovery against any or CON- TRA CMR. Suhcontracturs, I:NGINL:I:R. I:NUINI{ER'sCun- sull:nls and the ollicers, directors, employees and agents of any of them. Receipt and Application of Insurance Proceeds. 5.12. Any insured loss tinder the policies of insurance OWNER and made payable to OWNER as fiduciary for the insureds, as [heir interests may appear, subject to the require- ments ofany applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in ;t separate account any money so received, and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced, the moneys so received applied un account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER as fiduciary shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER as fiduciary shall adjust :and settle the loss with the insurers and, if required in writing by any party in interest, OWNER as fiduciary shall give bond for [he proper performance of such duties. Acceptance of Bonds and Insurance; Option hr Replace: 5.14. If either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten days after receipt of the certificates (or other evidence requested) required by paragraph 2.7. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Wet k, or ul such luilute to maintain prior to nny change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was nsx:-:L required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. Partial Utiliratiun—Property Insurance: 5.15. If OWNER finds it necessary to occupy or use a portion oriportions of the Work prior to Substantial Completion of all the Work, such use oroccupancy may be accomplished in accordance with paragraph 14.Ill; provided that no Stich use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing ellccicd any changes iu coverage necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insur- ance shall not be cancelled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1. CONTRACTOR shall supervise, inspect and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Con- tract Documents. CONTRACTOR shall be solely responsible forthe means, methods, techniques, sequences and procedures of construction, but CONTRACTOR shall not be responsible fur the negligence of others in the design or specification of a specific means, method, technique, sequence or proi:edure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be respore,.iole to see that the completed Work complies accu- rately with the Contract Documents. 6.2. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not he replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRAC- TOR. All communications to the superintendent shall be as binding as if given to CONTRACTOR. Labor, Materials and Equipment: 6.7. CONTRACTOR shall provide competent,suitably qual- ified personnel to survey, lay out and construct the Work as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except as otherwise required for the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the site shall be performed during regular working hours and CONTRACTOR will not permit overtime work or the perfor- mance of Work on Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written notice to ENGINEER. 6.4. Unless otherwise specified in the General Require- ments, CONTRACTOR shall furnish and assume full respon- sibility for all materials, equipment, labor, transportation, con- struction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, tempo- rary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, star -top and comple. lion of the Work. 6.5. All materials and equipment shall be of good quality and new, except as otherwise provided in the Contract Docu- ments. All warranties and guarantees specifically called for by the Specifications shall expressly nun to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Contract Documents. Progress Scheduk: 6.6. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.9 as it may be adjusted from time to time as provided below: 6.6.1. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) pro- posed adjustments in the progress'schedule that will not change the Contract Times (or Milestones). Such adjust- ments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. 6.6.2. Proposed adiustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of paragraph 12.1. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.7. Substitutes and "Or -Equal" Items: 6.7.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or "or -equal" item or no substitution is permitted, other items of material or equip- ment or material or equipment of other Suppliers may be accepted by ENGINEER under the following circumstances: oltyj - Z3 ie- 6.7.1.1. "Or -Equal": If in ENGINEER's sole discre- tion an item of material or equipment proposed by CON- TRACTOR is functionally equal to that named and suffi- ciently similar so that no change in related Work will be required. it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of propused substitute items. 6.7.1.2. .Substitute lrems: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal" item under subparagraph 6.7.1.1. it will be considered a pro- posed substitute item. CONTRACTOR shall submit suffi- cient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will inelGde the following as supple- mented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. Re- quests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or rase a substitute item of material or equipment, CONTRACTOR shall first make written appli- cation to ENGINEER for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CON- TRACTOR-s achievement of Substantial Completion on time. whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance, repair and replacement service will be indi- cated. The application will also contain an itemized esti- mate of all costs or credits that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other contractors affected by the resulting change, all of which will be considered by ENGINEER in evaluating the proposed substitute. EN- GINEER may require CONTRACTOR to furnish addi- tional data about the proposed substitute. 6.7.1.3. CONTRAC70R's F.rpense: All data to be provided by CONTRACTOR in support of any proposed "or -equal:' or substitute item will be at CONTRACIOR's expense. 6.7.2. Sahstilttte Construction dleiho(is or Proredares: If a specific means, method, technique, sequence or procedure of construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence or procedure of construction acceptable to ENGINEER. CON- TRACTOR shall submit sufficient information to allow ENGI- NEER, in ENGINEER's sole discretion. to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGI- NEER will be similar to that provided in subparagraph 6.7.1.2. 6.7.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to paragraphs 6.7.1.2 and 6.7.2. ENGINEER will be the sole judge of acceptability. No "or. equal" or substitute will be ordered,. installed or utilized without ENGINEER's prior written acceptance which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at other surety with respect to any "or -equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitutes proposed or submitted by CO NTRACTOR pursuant to paragraphs 6.7.1.2 and 6.7.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER accepts a substitute item so proposed or submit - led by CONTRACTOR. CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's Consultants for evaluating each such proposed substitute item. Concerning Subcontractors, Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor, Supplier or other person or organization (including those acceptable to OWNER and ENGINEER its indicated in paragraph 6.8.2), whether initially or as a substitute, against whom OWNER or ENGINEER may have r6son- able objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person or organization to furnish or perforn any of the Work against whom CONTRACTOR has reasonable objection. 6.8.2. If the Supplementary Conditions require the iden- tity of certain Subcontractors, Suppliers or other persons or organizations (including those who are to furnish the princi- pal items of materials or equipment) to be submitted to OWNER in advance of the specified date prior In the Effective Dale of the Agreement forucceplance by OWNER and ENGINEER, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Condi- tions, OWNER's or ENGINEER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the bidding documents or the Contract Documents) of any such Subcon- tractor, Supplier or other person or organization so identified may be revoked on the basis of reasonable objection :after due investigation, in which case CONTRACTOR shall sub- mit an acceptable substitute, the Contract Price will be adjusted by the difference in the cost occasioned by such 02 cc -,el sobstituliun and an :Ipprnpriaic Change Order will he issued air Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver orally right Of OWNER or ENGINEER to reject dtjeclive Work. 6.9.1. CONTRACTOR shall be filly responsible to OWNER and ENGINEER for all acts and omissions of the SaihcoBtriaclor.. Suppliers and tither personrand urg:miat- lions performing or furnishing any of the Wasik undera direct or indirect contract with CON'TRA(.`MIt just as CON- TRA(-I'OR is responsible For CONTRACTOR'% Own acts wid omissions. Nothing in the Contract Documents shall create for the henclit of any such Suhconlroclor, Supplier or tither person or organiz lion oily contactual relationship between OWNER or ENGINEER anti any such Suhcon- tr.Ictor, Supplier or other person or organization, nor shall it create any obligation an the part of OWNER or FNGI- N E ER to pay or to see Iq the payment of any moneys due any such Subcontractor, Supplier or Other person or organi- nation except as may otherwise he required by Laws and Regulations. 6.9.2. CONTRACTOR shall he solely responsible fill - scheduling and cotrdinaling the Work of Subcontractors. Suppliers and other parsons land organizations performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. CONTRACTOR shall require till Sub- contractors, Suppliers and such other persons and organiza- tions performing or furnishing any of the Work to communi- cate with the ENGINEER through CONTRACTOR. 6.10. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be ped'ormed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically hinds the Subcontractor or Supplier to the applicable terms :and conditions of the Contract Docu- ments for the benelit of OWNER :Ind ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insurance provided in paragraph 5.6 or 5.7, the agreement between the CONTRACTOR and the Subcontractor or Supplier will con- tain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, IiNOIN lililt's l'unsuh:Inls :uul :dl uthcr:uldiliunal iOsurcds liar all fusses turd 41mmigeN caused hy, raising uul of ur resullimt lium ally ul'Ihe pails ruvcrrd by surd policies laud any other properly insurance applicable it) ilia Milk. If lha insurers till any such policies require separate waiver forms to be signed by any Subcontractor or Supplier. CONTRACTOR will obtain the same. Patent fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and royal- ties anti assume:dl costs incident Ili the use in the performance of the Work or the incorporation in the Work of any invention, design, process, pruducl air device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall he -disclosed -by OWNER in the Contract Documents. To the fullest extent permitted by laws and Regulations. CONTRACIY>R shall indemnify and hold harm- less OWNER, ENGINEER, ENGINEER's Consultants and the onicers, directors, employees, agents and other consultants of each land any of them from and against all claims, costs, losses and damages :wising out of or resulting from any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorpora- tion in the Work of any invention, design, process, product or device not specified in the Contract Documents. Permits•: 6.13. Unless Otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- struction pemuils :and licenses. OWNER shall assist CON- TRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CON- TRACTOR shall pay all charges of utility owners for connec- tions to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto such as plant investment fees. Laws and Regulations: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to furnishing and petiormance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWN ER nor ENGINEER shall be responsible for monitoring CON- TRACTOR's compliance with any Laws or Regulations. 6.14.2. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to laws or Regulations. CONTRACTOR shall bear all claims, costs, losses and damages caused by, arising out of or resulting Ihereli'om; however, it shall not he CONTRACTOR's pri- mary responsibility In make certain illal ilia tipccificaliuns :and Drawings ore ill acconl:mce with I aws :and I(cgul:diuus. bill this shall nut relieve CONTRACTOR of CONTRAC- TOR's obligations under paragraph 3.3.2. Tares: 6.15. CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by CONTRACTOR in accordance with the laws and Regulations of the place of Daze -2S the Project which are applicable during the performance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment, the storage of materials and equipment and the opera - lions of workers to the site and land and areas identified in and pemlilted by the Contract Documents and other land and areas permitted by Laws and Regulations, rights -of -way, permits and easements, and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any dam- age to any such land or area, or to the owner or occupant thereof or of any adjacent land or areas, resulting from the performance of the Work. Should any claim be made by any such owner or occupant because of the performance of the Work. CONTRACTOR shall promptly settle with such other lion or other dispute resolution proceeding or at law. CON- TRACTOR shall, to the fullest extent permitted by Laws and Regulations, indemnify and hold harmless OWNER, ENGI- NEER, ENGINEER's Consultant and anyone directly or indirectly employed by any of them from and against all claims, costs, losses and'damages arising out of or resulting from any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER or any other party indemnified hereunder to the extent caused by or based upon CONTRACIUR's performance of the Work. 6.17. During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and debris from and about the pre- mises as well as all tools, appliances, construction equipment and machinery and surplus materials. CONTRACTOR shall leave the site clean and ready for occupancy by OWNER at Substantial Completion of the Work. CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. Record Documents: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Change Direc- tives, Field Orders and written interpretations and clarifica- tions (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples and Shop Draw. ings will be delivered to ENGINEER for OWNER. Safely and Protection: 6.20. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall lake all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 6.20.1. all persons on the Work site or who may be affected by the Work; 6.20.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 6.20.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities and ,Underground Facilities not desig- nated for removal, relocation or replacement in the course of construction. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall elect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify own- ers of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, 'removal, relocation and replacement of their property. All damage, injury or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor. Supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant or anyone employed by any of them or anyone for whose acts any of them may be liable, and not attributable, directly or indi- rectly, in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier or other per- son or organization directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with para- graph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Comple- tion). Safety Reprrsentadve: 6.21. CONTRACTOR shall designate a qualified and expe- rienced safety representative at the site whose duties and r,.cv . Z (o responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and pro- grams. Hazard Communication Programs: 6.22; CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the site in accor- dance with Laws or Regulations. Emergencies: 6.23. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or au- thorirtlion from OWNER or ENGINEER, is obligated to act to prevent'threatened damage, injury or loss. CON- TRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued to document the consequences of such action. 6.24. Shop Drawings and Sarnpies: 6.24.1. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawings and Sample submittals (see paragraph 2.9). All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quanti- ties, dimensions, specified performance and design criteria, materials and similar data to show ENGINEER the materi- als and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.26. 6.24.2. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with said accepted schedule of Shop Drawings and Sample sub- mittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as ENGINEER may require to enable ENGINEER to review the submittal for the limited purposes required by paragraph 6.26. The num- bers of each Sample to be submitted will be as specified in the Specifications. 6.25. Submiaal Procedures: 6.25.1. Before submitting each Shop Drawing or Sam- ple. CONTRACTOR shall have determined and verified: 6.25.1.1. all field measurements, quantities, dimen- siuns, specified performance criteria, installation require- ments, materials, catalog numbers and similar information with respect thereto, 6.25.1.2. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work, and 6.25.1.2. all information relative to CONTRACTOR's sole responsibilities in respect of means, methods, tech- niques, sequences and procedures of construction and safety precautions and programs incident thereto. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 6.25.2. Each submittal will bear a stamp or specific written indication that CONTRACTOR has satisfied CON- TRACTOR's obligations under the Contact Documents with respect to CONTRACTOR'S review and approval of that submittal. 6.25.3. At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice of such vari- ations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written communication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample submitted to ENGINEER for review and approval of each such variation. 6,26. ENGINEER will review and approve Shop Drawings and Samples in accordance with the schedule of Shop Draw- ings and Sample submittals accepted by ENGINEER as re- quired by paragraph 2.9. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER's review and approval will not extend to means, methods, techniques, sequences or procedures of construction (except where a particular means, method, technique, se- quence or procedure of construction is specifically •and ex- pressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make corrections required by ENGINEER, and shall return the required number of corrected copies of Shop Draw- ings and submit as required new Samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections culled far by ENGINEER on previous submittals. 6.27. ENGINEER's review and approval of Shop Draw- ings or Samples shall not relieve CONTRACTOR from respon- sibility for any variutiun from the requirements or the Contract r 7 i Documents unless CONTRACTOR has in writing called EN. GINEER's attention to each such variation at the lime of submission as required by paragraph 6.25.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for complying with the requirements of paragraph 6.25.1. 6.28. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submissions accepted by ENGINEER as required by paragraph 2.9. any related Work performed prior to ENGI- NEER's review and approval of the pertinent submittal will be the sole expense anti responsibility of CONTRACTOR. 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed Pend. ing resolution of any disputes or disagreements, except as permitted by paragraph 15.5 or as OWNER and CONTRAC- TOR may otherwise agree in writing. 6.30. CONTRACTOR's General Warranty and Guarantee: 6.30.1. CONTRACTOR warrants and guarantees to OWNER. ENGINEER and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.30.1.1. abuse. modification or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors or Suppliers; or 6.30.1.2. normal wear and tear under normal usage. 6.30.2. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance or Work that is not in accordance with IF.- Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with [he Contract Documents: 6.30.2.1. observations by ENGINEER; 6.30.2.3. recommendation of any progress or final payment by ENGINEER; 6.30.2.3. the issuance of a certificate of Substantial Completion or any payment by OWNER to CONTRAC- TOR under the Contract Documents; 6.30.2.4. use or occupancy of the Work or any part [hereof by OWNER; 6.30.2.5. any acceptance by OWNER or any failure to do so; 6.30.2.6. any review and approval of a Shop Drawing or Sample submittal or the issuance of n notice of accept. ability by ENGINEER pursuant to paragraph 14.13; 6.30.2.7. any inspection, test or approval by others; or 6.30.2.8. any correction of defective Work by OWNER. lndemnificarion: 6.31. To the fullest extent permitted by Laws and Reguht- [ions. CON'fRACI'OR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants and the officers, directors, employees, agents and other_conwllanis.nf each and any of them from and against all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, atlorneys'and other professionals and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from the performance of the Work, provided that any such claim, cost, loss or damage: (i) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and 00 is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission offa person or entity indemnified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regard- less of the negligence of any such person or entity. 6.32. In any and all claims against OWNER or ENGI- NEER or any of their respective consultants. agents. officers, directors or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any orthe Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.31 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor. Supplier or other person or organization under workers' compensation acts, disability benefit acts or other employee benefit acts. 6.33. The indemnification obligations of CONTRACTOR under paragraph 6.31 shall not extend to the liability of ENGI- NEER and ENGINEER's Consultants, officers, directors, employees or agents caused by the professional negligence, errors or omissions of any of them. Survival of Obligations: 6.34. All representations, indemnifications, warranties and guarantees made in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final pay- mem. completion and acceptance of the Work and termination or completion of the Agreement. ARTICLE 7—OTHER WORK ReWed Work at Site: 7.1. OWNER may perform other work related to the Project at the site by OWNERS own forces, or let other direct contracts therefor which shall contain General Cdndi- tions similar to these, or have other work performed by utility owners. If the fact that such other work is to be performed was not noted in the Contract Documents, then: (i) written notice thereof will be given to CONTRACTOR prior to starting any such other work, and (ii) CONTRAC- TOR may make a claim therefor as provided in Articles I 1 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or re- quires additional time and the parties are unable to agree as to the amount or extent thereof. 7.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is performing the addi- tional work with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all' cutting, fitting and patching of the Work that may be required to make its several parts come together properly and inte- grate with such other work. CONTRACTOR shall not en- danger any work of others by cutting, excavating or other- wise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CON- TRACTOR in said direct contracts between OWNER and such utility owners and other contractors. 7.3. If the proper execution or results of any part of CONTRACTDR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's µ,irk. CONTRACTOR's failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in such other work. Coordination: 7.4. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 7.4.1. the person, firm or corporation who will have authority and responsibility for coordination ofthe activities among the various prime contractors will be identified; 7.4.2. the specific matters to be covered by such author- ity and responsibility will be itemized; and 7.4.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Condi- tions, OWNER shall have sole authority and responsibility in respect of such coordination. ARTICLE B—OWNER'S RESPONSIBILITIES 8.1. Except as otherwise provided in these General Condi- tions, OWNER shall issue all communications to CONTRAC- TOR through ENGINEER. 8.2. In case of termination of the employment of ENGI- NEER, OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly when they are due as provided in paragraphs 14.4 and 14.13. 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish ref- erence points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and drawings of physical conditions in existing structures at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.10. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspec- tions, tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. q�. 8.9. The OWNER shall not supervise, direct or have control or authority over, nor he responsible for, CONTRAC- TDR's means, methods, techniques, sequences or procedures ofconslruction or Ilse safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 8.10. OWNER'S responsibility in respect of undisclosed Asbestos, PCBs, Petroleum, Hazardous Waste or Radioactive Materials uncovered or revealed at the site is set forth in paragraph 4.5. 8.I L If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrange- ments have been made to satisfyOWNER's oblivaiians_umder the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9—ENGINEER'S STATUS DURING CONSTRUCTION " OWNER's Representative: 9.1. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's repre- sentative during construction are set forth in the Contract Documents and shall not be extended without written consent of OWNER and ENGINEER. - Visits to Sue: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction as ENGI- NEER deems necessary in order to observe as an experienced and qualified'design professional the progress that has been made and the quality of the various aspects of CONTRAC- TOR's executed Work. Based on information obtained during such visits and observations, ENGINEER will endeavor for the benefit of OWNER to determine, in general, if the Work is proceeding in accordance with the Contract Documents. EN- GINEER will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and on -site observations. ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. EN- GINEER's visits and on -site observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.13. and particularly, but without limitation, during or as a result of ENGINEER's on -site visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control or have authority over or be respon. sible for CONTRACTOR's means, methods, techniques, se- quences or procedures of construction, or the safety precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of the Work. Project Representative: 9.3. If OWNER and ENGINEER agree, ENGINEER will fumish a Resident Project Representative to assist ENGI- NEER in providing more continuous observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as provided in paragraph 9.13 and in the Supplementary Conditions. If OWNER designates another representative or NEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other person will be as provided in the Supplementary Conditions. Clarifications and Interpretations: 9.4. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRAC- TOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree to the amount or extent thereof, if any, OWNER or CONTRACTOR may make a written claim therefor as pro- vided in Article I I or Article 12. Authorized Variations in Work. 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract 'Times and the parties are unable to agree as to the amount or extent thereof. OWNER or CONTRACTOR may make a written claim therefor as provided in Article I I or 12. Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective. or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspec- tion or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated, installed or completed. Shop Drawings, Change Orders and Payments: 9.7. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraphs 6.24 through 6.28 inclusive. 9.9. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. 9.9. In connection with' ENGINEER's authority as to Applications for Payntent, see Article 14. Determinations for Unit Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRAC- TOR. ENGINEER will review with CONTRACTOR the EN- GINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding upon OWNER and CONTRACTOR, unless, within ten days after the date of any such decision, either OWNER or CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER's decision and: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit GC -A. "Dispute Resolution Agreement;" entered into between OWNER and C0NTRACTOR pursuant to Article 16. or (ii) if no such Dispute Resolution Agreement has been entered into, a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to ENGINEER's decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. Such appeal will not be subject to the procedures of paragraph 9.11. Decisions on Disputes: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and Claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph. Written notice of each such claim, dispute or other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty days) after the start of the occurrence or event giving rise thereto, and written supporting data will be submitted to ENGINEER and the other party within sixty days after the start of such occurrence or event unless ENGINEER allows an additional period of lime for the submission of additional or more accurate data in support of such claim, -dispute or other matter. The opposing party shall submit any response to ENGINEER and the claimant within thirty days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). ENGINEER will render a formal decision in writing within thirty days after receipt of the opposing party's submittal, if any, in accordance with this paragraph. ENGINEER's written decision on such claim, dispute or other matter will be final and binding upon OWNER and CONTRACTOR unless: (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in EXHIBIT GC -A, "Dispute Reso- lution Agreement;' entered into between OWNER and CON- TRACTOR pursuant to Article 16, or 0i) if no such Dispute Resolution Agreement has been entered into, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within thirty days after the date of such decision and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim, dispute or other matter in accordance with applicable Laws and Regulations within sixty days of the date of such decision, unless otherwise agreed in writing by OWNER and CONTRACTOR. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 or 9.11 with respect to any such claim, dispute or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim, dispute or other matter pursuant to Article 16. 9.13. Iirnftadanr on ENGINEER's Authority and Responsibilities: 9.13.1. Neither ENGINEER's authority or responsibil- ity under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise or performance of any authority or responsibility by ENGINEER shall create, impose or give rise to any duty owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier ..nY other person or organization, or to any surety for or em- ployee or agent of any of them. o_4^c -II 9.13.2. ENGINEER will not supervise, direct, con- trol or have authority over or be responsible for CONTRACTOR's means, methods, techniques, se- quences or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or perfor- mance of the Work. ENGINEER will not be respon- sible for CONTRACTOR's failure to perform or fur- nish the Work in accordance with the Contract Documents. 9.13.3. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Sub- contractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. [ion for Payment and accompanying documentation and all maintenance and operating instructions, sched- ules, guarantees, bonds and certificates of inspection, tests and approvals and Other documentation required to be delivered by paragraph 14.12 will only be to determine generally that their -content complies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certi- fied indicate compliance with, the Contract Docu- ments. 9.13.5. The limitations upon authority and respon- sibility set forth in this paragraph 9.13 shall also apply to ENGINEER's Consultants, Resident Project Rep- resentative and assistants. ARTICLE 16—CHANGES IN THE WORK 10.1. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions or revisions in the Work. Such additions, deletions or revisions will be authorized by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document. CONTRAC- TOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically pro- vided). 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an adjustment in the Contract Price or an adjustment of the Contract Times that should be allowed as a result of a Work Change Directive, a claim may be made therefor as provided in Article I I or Article 12. 10.3. CONTRACTOR shall not be entitled toan increase in the Contract Price or an extension of the Contract Times with respect )o any Work performed that is not required by the Contract Documents as amended, modified and supplemented as provided in paragraphs 3.5 and 3.6 except in the case of an emergency as provided in paragraph 6.23 or in the case of uncovering Work as provided in paragraph 13.9. 10.4. OWNER and CONTRACTOR shall execute appro- priate Change Orders recommended by ENGINEER (or Writ- ten Amendments) covering: 10.4.1. changes in the Work which are 0) ordered by OWNER pursuant to paragraph 10.1. (ii) required because of I of defective Work under paragraph 13.13 or correcting defective Work under paragraph 13.14. or (iii) agreed to by the parties; 10.4.2. changes in the Contract Price or Contract Times which are agreed to by the parties; and 10.4.3. changes in the Contract Price or Contract Times which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.1 I; appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations, but during any such appeal, CON- TRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (includ- ing, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surely, the giving of any such notice will be CONTRACTOR's respon- sibility, and the amount of each applicable Bond will be adjusted accordingly. ARTICLE I I —CHANGE OF CONTRACT PRICE 1I.I. The Contract Price constitutes the total compensn- lion (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties, responsibili- ties and obligations assigned to orundertaken by CONTRACTOR shall be at CONTRACTOR's expense without change in the Contract Price. 11.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an adjust- ment in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event Inter than thirty days) after the start of the occurrence or event giving rise to [he claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after the start of such occurrence or event (unless ENGINEER allows additional time'for claimant to submit additional or more accurate data in support of [he claim) and shall be accompanied by claimant's written statement that the adjustment claimed covers all known amounts to which [he claimant is entitled as a result of said occurrence or event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an adjustment in the Contract Price will be determined as follows: _-11.3.1.- where the Work involved -is -covered -by unit Prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1 through 11.9.3, inclusive); 11.3.2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2); 11.3.3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 11.3.2. on the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 11.6). Cost of the Work: 11.4. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: 11.4.1. Payroll costs for employees in the direct employ Of CONTRACTOR in the performance of the Work under schedules ofjob classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without lim- itation superintendents, foremen and other personnel em- ployed full- time at the site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, work- ers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be included in the ubuve to the extent authorized by OWNER. 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CON- TRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materi- als and equipment shall accrue to OWNER, and CON- TRACTOR shall make provisions so that they may he obtained. 11.4.3. Payments made by CONTRACTOR to the Sub- contractors for Work performed or furnished by Subcontrac- tors. If required by OWNER. CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER who will then determine, with the advice of ENGINEER, which bids, if any, will be accepted. If any subcontract Provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus u fee, the Subconlydctor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in paragraphs 11.4, 11.5, 11.6 and 11.7. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, survey- ors, attorneys and accountants) employed for services spe- cifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proportion of necessary transportation, travel and subsistence expenses of CONTRACTOR's em- ployees incurred in discharge of duties connected with the Work. 11.4.5.2. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workers, which are con- sumed in the performance of the Work, and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agree- ments approved by OWNER with the advice of ENGI- NEER, and the costs of transportation, loading, unload- ing, installation, dismantling and removal thereof —all in accordance with the terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work. 11.4.5.4. Sales, consumer, use or similar taxes related to the Work, and for which CONTRACTOR is liable. imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royally payments and fees for permits and licenses. o3vc -33 11.4.5.6. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and dpntages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), provided they have re- sulted from causes other than the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may he liable. Such losses shall include settle- ments made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. If, however, any such loss.or damage requires reconstruction and CONTRAC- TOR is placed in charge thereof, CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. 11.4.5.7. The cost of utilities, fuel and sanitary facili. ties at the site. 11.4.5.8. Minor expenses such as telegrams, long dis- tance telephone calls, telephone service at the site, ex- pressage and similar petty cash items in connection with the Work. 11.4.5.9. Cos[ of premiums for additional. Bonds and insurance required because of changes in the Work. 11.5. The term Cost of the Work shall not include any of the following: 11.5.1. Payroll costs and other compensation of CON- TRACTOR's officers, executives, principals (of partnership and sole proprieturships), general managers, engineers, ar- chitects, estimators, attorneys, auditors, accountants, pur- chasing and contracting agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for general administration of the Work and not specifically included in llte agreed upon schedule of job classifications referred to in paragraph 11.4.1 or specifically covered by paragraph 11.4.4—all of which are to be consid- ered administrative costs covered by the CONTRACTOR's fee. 11.5.2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. 11.5.3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for [he Work and charges against CONTRACTOR for delin. quent payments. 11.5.4. -Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by subparagraph 11.4.5.9 above). 11.5.5. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly em- ployed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of drfective Work, disposal of materials or equipment wrongly supplied and making good any damage to property. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6. The CONTRACTOR's fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1. a mutually acceptable fixed fee; or 11.6.2. 'if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 11.4.1 and 11.4.2. the CONTRACTOR's fee shall be lifteen percent; 11.6.2.2. for costs incurred under paragraph 11.4.3. the CONTRACTOR's fee shall be five percent; 11.6.2.3. where one or more tiers of subcontracts are on the basis orCost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraphs 11.4.1, 11.4.2. 11.4.3 and 11.6.2 is that the Subcontractor who actually Performs or furnishes the Work, at whatever tier. will be paid a fee of fifteen percent of the costs incurred by such Subcontractor under paragraphs 11.4.1 and 11.4.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; 11.6.2.4. no fee shall be payable on the basis of costs itemized under paragraphs 11.4.4, 11.4.5 and 11.5; 11.6.2.5. the amount of credit to be allowed by CON- TRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and 11.6.2.5. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 11.6.2.1 through 11.6.2.5. inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices•and submit in form acceptable to ENGINEER an itemized cost breakdown to- gether with supporting data. C+3oc, -?4 Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be fur- nished and performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: I1.8.1. the allowances include the cost to CONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the site, and all applicable taxes; and 11.8.2. CONTRACTOR's costs for unloading and han- dling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances and no demand for additional payment on account of any of the foregoing will be valid: Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.9. Una Price Work: 11.9.L Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifica- tions of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with paragraph 9.10. 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each sepa- rately identified item. 11.9.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article I I if: 11.9.3.1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and sig- nificantly from the estimated quantity of such item indi- cated in the Agreement; and .11.9.3.2. there is no corresponding adjustment with respect to any other item of Work; and 11.9.3.3.. if CONTRACTOR believes that CONTRAC- TOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER be- lieves that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE-I2—CHANGE OF CONTRACT TIMES 12.1. The Contract Times (or Milestones) may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGI- NEER in accordance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times'(or Milestones) will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. All time limits stated in the Contract Documents are of the essence of the Agreement. 12.3. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRAC- TOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a. claim is made therefor as provided in paragraph 12.L Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather condi- tions or acts of God. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.4. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall he CONTRACTOR's sole and exclusive remedy for such delay. In no event shall OWN ER be liable to CONTRAC- TOR, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused by or within the control of CONTRACTOR, or 00 11 L. C delays beyond the control of both parties including but not limited to fires, floods, epidemics, abnormal weather condi- tions, acts of God or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. ARTICLE 13—TESTS.AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK U.I. Notice of Defects: Prompt notice of all defective Work of which OWNER or ENGINEER have actual knowl. edge will be given to CONTRACTOR. All defec•live Work may be rejected, corrected or accepted as provided in this Article 13. Access to Work. 13.2. OWNER, ENGINEER, ENGINEER'sConsttltants, other representatives and personnel of OWNER, independent testing laboratories and governmental agencies with jurisdic- tional interests will have access to the Work at reasonable times for their observation, inspecting and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's site safety procedures and programs so that they may comply therewith as applicable. Tests and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely no- tice of readiness of the Work ror all required inspections, tests or approvals, and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. 13.4. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract lhxuments except: 13.4.1. for inspections, tests or approvals covered by paragraph 13.5 below; 13.4.2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.9 below shall be paid as provided in said paragraph 13.9; and 13.4.3. as otherwise specifically provided in the Con- tract Documents. 13.5. If laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested or approved by an employee or other repre- sentative of such public body. CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections. tests or approvals, pay all costs in connection therewith, and furbish ENGINEER the required certificates of inspection, or approval. CONTRACTOR shall also be responsible fur arrang. ing and obtaining and shall pay all costs in connection with any inspections, tests or approvals required for OWNFR's and ENGINEER's acceptance of materials or equipment to he incorporated in the Work, or of materials, mix designs, or equipment submitted for approval prior to CONTRACI'OR's purchase thereof for incorporation in the Work. 13.6. If any Work (or the work of others) that is to be inspected, tested or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, if re- quested by ENGINEER, he uncovered for observation. 13.7. Uncovering Work as provided in paragraph 13.6 shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACIOR's inten- tion to cover the some and ENGINEER has not acted with reasonable promptness in response to such notice. Vnroyering Work: 13.R. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER. be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's re- quest, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by, arising out of or resulting from such uncovering, exposure, observation, inspection and testing and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, may make a claim therefor as provided in Article 11. If, however, such Work is not found in he deIrr. iivr. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, ob- servation, inspection, testing, replacement and reconstruction; and, if the parties are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles I I and 12. OWNER blay Stop the Work: 13.10. If the Work is defective. or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equip- ment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents. OWNER may order CONTRACTOR to stop the Work. or any portion thereof. until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any surety or other party. Correction or Removal of Defective Work: 13.11. If required by ENGINEER, CONTRACTOR shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with Work that is not defective. CONTRACTOR shall pay all claims, costs, losses and damages caused by or resulting from such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.12. Correction Period: 13.12.1. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Doc- uments or by any specific provision of the Contract Docu. ments, any Work is found to be defective. CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) correct such defec- tive Work, or, if it has been rejected by OWNER, remove it from the site and replace it with Work that is not defective, and (1i) satisfactorily correct or remove and replace any damage to other Work or the work of others resulting therefrom. If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cruse serious risk of loss or damage. OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused by or resulting from such re- moval and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. 13.12.2. In special circumstances where a particular item of equipment is placed in continuous service before Substan- tial Completion of all the Work', the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. 13.12.3. Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph 13.12. the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or re- moval and replacement has been satisfactorily completed. Acceptance of Defective Work: 13.13. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGI. NEER's recommendation of final payment, also ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all claims, costs, losses and damages attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness). If any such acceptanceoccurs prior to ENGINEER's recommendation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance occurs after such recommenda- tion, an appropriate amount will he paid by CONTRACTOR to OWNER. OWNER Alay Correct Defective Work: 13.14. If CONTRACTOR fitils within a reasonable time after written notice from ENGINEER to correct defterive Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.11. or if CON- TRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall pro- ceed expeditiously. In connection with such corrective and remedial action. OWNER may exclude CONTRACTOR front all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construc- tion equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's representatives, agents and employees, OWNER's other con- tractors and ENGINEER and ENGINEER's Consultants ac- cess to the site to enable OWNER to exercise the rights and remedies under this paragraph. All claims, costs, losses and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a cluim therefor as provided in Article 11. Such claims, costs, losses and damages will include but not be limited to all costs of repair or replace- ment of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION Schedule of Values: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and 0&�0_37 will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units com- pleted. Application for Progress Payment: 14.2. At least twenty days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equip- ment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice or other d-ocumentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect O W N E R's interest therein, all of which will be satisfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's 111iranty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. Review of Applications for Progress Payment: 14.4. ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing a 'recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to recom- mend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Application. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recommendation, the amount recommended will (subject to the provisions of the last sen- tence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment re- quested in an Application for Payment will constitute a repre- sentation by ENGINEER to OWNER, based on ENGINEER's on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules. that to the best of ENGINEER's knowledge, infor- mation and belief: 14.5.1. the Work has progressed to the point indicated, 1415.2. the quality of the Work is generally in accor- dance with the Contract Documents (subject to an evalu- ation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called fur in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10, and to any other quali- fications staled in the recommendation), and 14.5.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 14.6. ENO INEER's recommendation of any payment, in- cluding final payment, shall not mean that ENGINEER is responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safely precau- tions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations appli- cable to the furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish.. Work in accordance with the Contract Documents. 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.5. ENGINEER may also refuse to recom- mend any such payment, or, because of subsequently discov- ered evidence or the results of subsequent inspections or tests. nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: 14.7.1. the Work is defective, or completed Work has been damaged requiring correction or replacement, 14.7.2. the Contract Price has been reduced by Writ- ten Amendment or Change Order, 14.7.3. OWNER has been required to correct defec- tive Work oreomplete Work in accordance with paragraph 13.14, or 14.7.4. ENGINEER has actual knowledge of the oc- currence of any of the events enumerated in paragraphs 15.2.1 through 15.2.4 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 14.7.5. claims have been made against OWNER on account of CONTRACTORS performance or furnishing of the Work. a?cv, -2E.. 14.7.6. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 14.7.7. there are other items entitling OWNER to a set-off against the amount recommended, or 14.7.8. OWNER has actual knowledge of the occur- rence of any of the events enumerated in paragraphs 14.7.1 through 14.7.3 or paragraphs 15.2.1 through 15.2.4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWN- ER's satisfaction the reasons for such action. Substantial Completion: 14.8. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRAC- TOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work sub- slantiully complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Com- pletion which shall fix the date of Substantial Completion. There shall be allached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven days after receipt of the tentative certificate during which to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections. ENGINEER concludes that the Work is not substantially complete, ENGINEER will within founeen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating the reasons therefor. If, after consideration of OWNER's objections, EN- GINEER considers the Work substantially complete, ENGI- NEER will within said fourteen days execute and deliver to OWNER and CONTRACTORf a definitive certificate of Sub- stantiul Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Completion ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pend- ing final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance, heat, utili- ties, insurance:md warranties and guarantees. Unless OWN ER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER'S aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 14.9. OWNER shall have the right to exclude CONTRAC- TOR from the Work after the date of Substantial Completion, 'but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. Panfd Utilization: 14.10. Use by OWNER at OWNER's option of any sub- stantially completed part of the Work which: (i) has specifically been identified in the Contract Documents, or 00 OWNER, ENGINEER and CONTRACTOR agree constitutes a sepa- rately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant inter. ference with CONTRACfOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following: 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CON- TRACTOR agrees that such part of the Work is substan- tially complete. CONTRACTOR will certify to OWNER and ENGINEER that such pan of the Work is substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that pan of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that pan of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGI- NEER will notify OWNER and CONTRACTOR in writ. ing giving the reasons therefor. If ENGINEER considers that pan of the Work to be substantially complete, the provisions of paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that pan of the Work and the division of responsibility in respect thereof and access thereto. 14.10.2. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Find Inspection: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all '-goo - 3Ci particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately lake such measures as are necessary to complete such Work or remedy such deficiencies. Final Application for Payment. 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered in accordance with the Contract Documents all maintenance and operating instructions, schedules, guarantees. Bonds, certifi- cates or other evidence of insurance required by paragraph 5.4. certificates of inspection, marked -up record documents (as provided in paragraph 6.19) and other documents. CONTRAC- TOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation calledfor in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.4.13, (if) consent of the surely, if any, to final Payment. and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu of such releases or waivers of Liens and as approved by OWNER. CONTRAC- TOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: 0) the releases and receipts include all labor, services, material and equipment for which a Lien could be filed, and (ii) all payrolls, material and equipment bills and other indebtedness connected with the Work far which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to fumish such a release or receipt in full. CONTRACTOR may furnish a Bond or other collateral satis- factory to OWNER to indemnify OWNER against any Lien. Find Payment and Acceptance: 14.13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGI- NEER's review of the final Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.15. Oth- erwise, ENGINEER will return the Application to CON- TRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. Thirty d -'after the presentation to OWNER of the Applica- tion ana .accompanying documentation, in appropriate form and substance and with ENGINEER's recommendation and notice of acceptability, the amount recommended by ENGI- NEER will become due and will be paid by OWNER to CONTRACTOR. 14.14. If, through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGINEER so confirms, OWN ER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation or ENGI- NEER, and without terminating the Agreement, make pay- ment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written con- sent of the surety to the payment of the balance due for that portion or the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Appli- cation for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. Waiver of Cf dw. 14.15. The making and acceptance of final payment will constitute: 14.15.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from defective Work appearing after final inspection pursu- ant to paragraph 14.11. from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing ob- ligation under the Contract Documents: and 14.15.2. a waiver orallclaims byCONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE I5—SUSPENSION OF WORK AND TERMINATION OWNER May Suspend Wort. 15.1. At any lime and without cause, OWNER may sus- pend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the dart; on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Articles I I and 12. OWNER May Terminate; 15.2. Upon the occurrence of any one or more of the following events: cjw - 4n 15.2.1. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (in- cluding, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as adjusted from time to lime pursuant to paragraph 6.6); 15.2.2. if CONTRACTOR disregards Laws or Regula- tions of any public body having jurisdiction; 15.2.2. if CONTRACTOR disregards the authority of ENGINEER; or 15.2.4. if CONTRACTOR otherwise violates in any sub- stantial way any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any,) seven days' written nolfce and to [he extent permit- ted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materi- als and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by OWNER arising out of or resulting from completing the Work such excess will be paid to CONTRACTOR. If such claims, costs, losses and dam- ages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses and' damages incurred by OWNER will be reviewed by ENGI- NEER as to their reasonableness and when so approved by ENGINEER incorporated in a Change Order, provided [hat when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 15.3. Where CONTRACTOR's services have been so ter- minated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 15.4.1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effec- tive date of termination, including fair and reasonable sums for overhead and profit on such Work; 15.4.2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Docu- ments in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 15A.3. for all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers and others; and 15.4.4. for reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. CONTRACTOR May Stop Work or Terminate: 15.5. If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public author- ity, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted or OWNER fails for thirty days to pay CONTRACTOR any sum finally determined to be due, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Agree- ment and recover from OWNER payment on the same terms as provided in paragraph 15.4. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within thirty days after it is submitted, or OWNER has failed for thirty days to pay CONTRACTOR any sum finally determined to be due, CONTRACTOR may upon seven day's written notice to OWNER and ENGI- NEER stop [he Work until payment of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.5 are not intended to preclude CON- TRACTOR from making claim under Articles I 1 and 12 for an increase in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRAC- TOR's stopping Work as permitted by this paragraph. ARTICLE 16—DISPUTE RESOLUTION If and to [he extent that OWNER and CONTRACTOR have agreed on [he method and procedure for resolving disputes between them that may arise under this Agreement, such dispute resolution method and procedure, if any, shall be as set forth in Exhibit GC -A, "Dispute Resolution Agreement," to be attached hereto and made a part hereof. If no such agreement on the method and procedure for resolving such disputes has been reached, and subject to the provisions of paragraphs 9.10. 9.11. and 9.12, OWNER and CONTRACTOR may exercise r .'v-4J such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. ARTICLE 17—MISCELLANEOUS Giving Notice: 17.1. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. Compumdon of Times: 17.2.1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.2.2. A calendar day .or.twenty-four hours measured from midnight to the next midnight will constitute a day. Notice of Clnim: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. . Cumulative Remedies: 17.4. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CON- TRACTOR by paragraphs 6.12. 6.16. 6 30. 6.31, 6.32. 13.1, 13.12, 13.14. 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. Professional Fees and Court Costs Included: 17.5. Whenever reference is made to "claims, costs, losses and damages;' it shall include in each case, but not be limited to, all fees and charges of engineers, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs. Me remainder of this page was left blank intentionally.) C:zv - 1 SECTION 400 SUPPLEMENTARY CONDITIONS THESE SUPPLEMENTARY CONDITIONS are made a part of the Agreement between the OWNER and CONTRACTOR, to which the Parties agree as follows: Section 1. Definitions. All Definitions found in the General Conditions are incorporated into these Supplementary Conditions by reference, and shall apply here. Section 2. General Provisions. The following general provisions shall apply: 2.1_ Any terms or provisions which by the General conditions may be included in the "General Requirements", may also be included in these Supplementary Conditions, which shall be binding on the Parties. 2.2 Any "Written Amendment" or "Change Order" mandated by the General Conditions shall be executed by the Parties required to sign. If any Party fails or refuses to sign, the Party shall be in breach of this agreement. 2.3 Any reference in the General Conditions to "legal holiday" shall mean any holiday recognized as a legal holiday by the federal government. i 2.4 If any provision in the General Conditions requires payment by a Party, and there is no general or specific time frame referenced for payment, payment shall be due promptly. 2.5 Any Paragraph reference in these Supplementary Conditions to a Paragraph number shall mean the paragraph number in the General Conditions, as amended by these Supplementary Conditions. 2.6 Any reference under this Agreement to an act of the CONTRACTOR shall include act of the CONTRACTOR'S employees, agents, contractors and suppliers. t2.7 This Agreement replaces any other agreement previously entered into by and between the OWNER and CONTRACTOR. 2.8 The OWNER shall designate a representative who shall act as a liaison between the OWNER and the CONTRACTOR/ENGINEER. The OWNER shall ensure that there is no unauthorized interference from owners and residents in the Condominium. Section 3. Specific Provisions Modifying General Conditions The following shall modify specific provisions in the General Conditions. Unless stated otherwise, a Paragraph or Article number shall refer to the General Conditions. 3.1 ARTICLE 2 - PRELIMINARY MATTERS A. In the first line of Paragraph 2.2, change the term "...ten..." to read "...three...". B. Delete paragraph 2.3 and replace with the following: I "2.3 The date of commencement of the Work is the date established in a Notice to Proceed, which shall be evidenced by a letter from the ENGINEER directing the CONTRACTOR to proceed." C. Add the following to Paragraph 2.5: — "2.5:1- CONTRACTOR shall perform no portion of the -Work at any time without Contract Documents. 2.5.2 By executing the Contract, CONTRACTOR represents that he has visited the site, familiarized himself with the local conditions under which the Work is to be performed, and correlated his observations with the requirements of the Contract Documents." D. Add the following as Paragraph 2.6.4: "2.6.4. four sets of checked and approved product specifications, along with a transmittal letter to the ENGINEER. The ENGINEER shall have a minimum of two weeks from the date of receipt for review, which review will be general and will not relieve the CONTRACTOR from any responsibility under the AGREEMENT." 3.2 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS A. Add the following words after negligence and before the period on the last line of Paragraph 4.5.4: "or omissions or intentional acts." 3.3 ARTICLE 5 - BONDS AND INSURANCE A. Payment Bonds. Paragraphs 5.1, 5.2. 5.3.1 and 5.3.2 delete all references to " payment bonds. The cost of any unforeseen performance bond cost increases shall be born solely by the contractor at no additional cost to the OWNER. B. Limits of Insurance. Notwithstanding any provision contained in Paragraph 5.4 to the contrary, the limits of liability for the insurance required by Paragraph 6/4 shall provide the following coverages and in the.following amounts: Workers'Compensation: 1. State Statutory 2. Applicable Federal Statutory 3. Employer's Liability Comprehensive General Liability or Commercial General Liability; (including Premises - Operations, Product/Completed Operations, Contractor Protective) Shall also include: Personnel Injury, Broad Form Property Damage Broad Form CGL Endorsement or Equivalent 1. Bodily Injury: Each Occurrence $1,000,000.00 Aggregate $1,000,000.00 2. Property Damage Each Occurrence $1,000,000.00 Aggregate $1,000,000.00 3. Or Bodily Injury and Property Damage Combined Single Limit: Each Occurrence $1,000,000.00 Aggregate $1,000,000.00 4. XCU Coverage: YES Comprehensive Automobile Liabilitv (Owner -leased -non -owned & hired) 1. Bodily Injury: Each Occurrence $1,000,000.00 Aggregate $1,000,000.00 2. Property Damage: t Each Occurrence $1,000,000.00 Aggregate $1,000,000.00 3. Or Bodily Injury and Property Damage t Combined Single Limit: Each Occurrence $1,000,000.00 Aggregate $1,000,000.00 Contractual Liability Insurance: (which coverage may be included in the Comprehensive i General Liability Policy described above) 1. Bodily Injury Each Occurrence $1,000,000.00 Aggregate $1,000,000.00 2. Property Damage: I Each Occurrence $1,000,000.00 Aggregate $1,000,000.00 i I 3. Or Bodily Injury and Property Damage Combined Single Limit: Each Occurrence $1,000,000.00 Aggregate $1,000,000.00 4. XCU Coverage: I YES 3 C. Additional Insured. Additional liability coverage for OWNER shall be provided by endorsement as an additional insured on CONTRACTOR'S General Liability Policy. D. Property Insurance Provided by the OWNER. Notwithstanding any provision contained in Paragraphs 5.6 through 5.10 to the contrary, the following - — — provisions shall apply: -Property insurance to the full -insurable value of the Work in accordance with Paragraph 5.6 will be provided by the OWNER and will be by Completed Value of the Work. Such insurance will be subject to a deductible amount of $500.00 in accordance with paragraph 5.9. The CONTRACTOR shall not be entitled to payment for portions of the Work stored on and off the site or in transit, where such Work is damaged, unless the OWNER receives insurance proceeds for any damaged Work from the policy maintained by the OWNER as required by Paragraph 5.6. Paragraph 5.6.1 shall be deleted in its entirety and shall instead read as follows: "5.6.1 include only the OWNER as a named insured." il E. Waiver of Rights. Paragraph 5.11.2 is deleted in itsentirety. F. Partial Utilization - Property Insurance. Paragraph 15.15 is deleted in its entirety. 3.4 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES A. Add the following after Paragraph 6.1: "6.1.1 CONTRACTOR shall be responsible for the construction and coordination of the parts, and all systems shall be completely compatible and fully functional without additional cost to the OWNER." B. Add the following to the end of Paragraph 6.4: "6.4.1 The CONTRACTOR may use at no cost to the CONTRACTOR, the water required for the project from existing exterior faucets subject to any present or future water usage regulations imposed by any governmental entities. However, the cost of utilizing fire hydrant(s) which require metering devices shall be borne by the CONTRACTOR. 6.4.2 The CONTRACTOR may use at no cost to the CONTRACTOR, any i 110V , exterior electrical outlets, provided that the existing electrical circuits are not overloaded by such use and shall be responsible for any damage caused to the electrical equipment through the use of the CONTRACTOR'S equipment or devices. 6.4.3 On -site sanitary and drinking facilities shall be provided by the CONTRACTOR. t_ 4 6.4.4 The OWNER shall provide guest parking spaces in the parking area for parking of vehicles. The OWNER shall have no responsibility as to safety, protection or security of same. 6.4.5 The OWNER shall provide an area for the CONTRACTOR'S dumpster. C. Add the following after Paragraph 6.5: "6.5.1 The use of asbestos or asbestos -based fiber materials is prohibited on this project." D. Add the following after Paragraph 6.7.2: "All work shall be conducted from the exterior of the building, to the maximum extent possible. At no time shall the elevator(s) be used. The routes used by the CONTRACTOR shall be restored to their initial condition at the end of each _ workday. The access to the balconies shall be by the exterior of the building and through the use of swing stages or other apparatus, which shall be approved by the OWNER. Access to the individual units will only be allowed upon approval by the OWNER. E. Add the following new Section 6.8.3: "No SUBCONTRACTOR shall be employed unless it holds current State of Florida and/or County contractor's license and (if required) a city occupational license. The CONTRACTOR that all suppliers are duly licensed in their particular trade or specialty to perform the task for which contracted. Furthermore, the CONTRACTOR shall assure that each SUBCONTRACTOR and/or supplier has adequate liability and worker's compensation insurance, covering the specific type of work to be performed under the Agreement in force throughout the duration of the Agreement. The CONTRACTOR may at its option, provide the necessary insurance for all SUBCONTRACTOR'S and/or suppliers at no cost to the OWNER." F. Add the following between the second and third sentences of Paragraph 6.16: "Damage for which the CONTRACTOR shall be responsible shall included, but not be limited to, landscaping damaged by the WORK; same shall be replaced by the CONTRACTOR with substantially similar quality, size and species of landscaping; and damage to property on unit owner members of the OWNER and occupants, guests and visitors at the Condominium." G. Add the following to Paragraph 16.16: "The CONTRACTOR shall not be liable for damages which are pre-existing as of the date of commencement of this Agreement; however, damage to a building component which could arguably have been caused in connection with the WORK shall be presumed not to be pre-existing unless the component is specifically listed in an inventory, signed by both the CONTRACTOR and the OWNER, to be pre-existing. To this end, the CONTRACTOR and OWNER shall meet prior to commencement of the WORK to complete an inventory of preexisting damages. If a pre-existing condition is worsened during the course of WORK, and same could arguably have been caused in connection with the WORK, then the CONTRACTOR is responsible for the additional damages caused.", and they shall be repaired at no additional cost to the owner. H. —Add the following after the Paragraph just -above quoted: i "6.16.1 The CONTRACTOR shall confine his apparatus, materials storage and operations of personnel to the limits indicated by the OWNER and ENGINEER. All materials used on the project shall be stored in a single place designated by the OWNER and ENGINEER. The storage area shall be kept clean and the CONTRACTOR shall be liable for damages to the surrounding areas; the OWNER shall have no responsibility as to the safety, protection or security of same." "6.16.2 Flammable materials and/or any other fire hazardous materials shall be stored, handled and used in an approved manner in accordance with all local codes and ordinances." Add the following to Paragraph 6.17: "6.17.1 The CONTRACTOR shall maintain at all times a dumpster of adequate volume and shall have it emptied periodically before it is filled to capacity. In addition to the periodic dumping, the dumpster shall be covered in an acceptable manner to prevent debris from being blown out over the project site." J. Delete the last sentence of Paragraph 6.19 and substitute the following: "Upon substantial completion of the WORK, these items shall be delivered to the OWNER and to the ENGINEER only if and as directed to the OWNER." K. Add the following to the end of Paragraph 6.20: "Safety and related precautions to be undertaken by the CONTRACTOR shall also include: 6.20.3.1 The CONTRACTOR shall cordon off areas where WORK is being performed, and shall adequately post signs in the construction areas. 6.20.3.2 The CONTRACTOR asserts that it may not use any scaffolding, swing stages, stage booms or other staging, until the OWNER agrees to their usage in i writing. 6.20.3.3 The CONTRACTOR shall arrange WORK to cause minimum disturbance to pedestrian and vehicular traffic and shall be responsible for providing suitable means of access to all public and private properties during all stages of construction. Other than for an emergency safety condition, the C. CONTRACTOR must contact the OWNER and ENGINEER for approval prior to completely blocking off any street or drive area to vehicular traffic during construction." If the time required to complete each individual phase of work results in the OWNER not having access to their units for more than 8 hours. The CONTRACTOR shall solely responsible for providing alternate housing unit such work is fully completed. L. Add the following to the end of Paragraph 6.35: The indemnification by the CONTRACTOR as referenced in Paragraph 6.31 shall not be limited to negligent acts or omissions but shall also include intentional acts as well. It is a condition of the indemnification by the CONTRACTOR that the OWNER notify the CONTRACTOR of any claim or _ lawsuit relevant to this Paragraph for the CONTRACTOR to timely contest such ' claim or lawsuit, if the CONTRACTOR desires to do so." M. Add the following new Paragraph 6.35: "6.35 Electrical equipment shall not be energized, or placed into service, nor shall mechanical equipment be operated by the CONTRACTOR until approval in advance by the OWNER and ENGINEER. Such approval shall be granted only after all interested parties have been duly notified, have given approval for placing equipment into service, and all interested parties are present or waived I, their right to be present. The CONTRACTOR shall notify the OWNER and ENGINEER a minimum of twenty four (24) hours or as far as in advance as possible of the dates that various items and equipment will be completed and 'ready for start-up." 3.5 ARTICLE 8 - OWNER'S RESPONSIBILITIES j A. Add the following as a new Paragraph 8.12: "8.12 The OWNER shall provide the services referred to in Paragraphs 6.4.1. through 6.4.5" 3.6 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION A. Delete all references to the "Dispute Resolution Agreement" referred to in Paragraphs 9.10 and 9.11, it being the intention that there is no such agreement. B. Add the following as a new Paragraph 9.15: "9.15 Forty-eight (48) hours notification to the ENGINEER by the CONTRACTOR shall be required for all specified Feld observations, unless otherwise agreed to by the ENGINEER." i 3.7 ARTICLE 11 - CHANGE OF CONTRACT PRICE A. To the extent and if payment is due on the basis of Cost of the WORK, the following shall apply: 7 In Paragraph 11.4.5.6, line eight, the following words shall be inserted after the word "negligence": "fault or omission". In Paragraph 11.5.5, line one, the following words shall be inserted after the word "negligence": "fault or omission"." I 3.7A ARTICLE 12 - CHANGE OF CONTRACT TIMES A. Add the following new Paragraph 12.5: "12.5 Notwithstanding any provision contained in this article 12 or in any other portion of the Contract Documents, in no instance shall the Contract Time be I extended by reason of any work performed by the CONTRACTOR or others performing the work." 3.8 ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS ; CORRECTIONS; REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK A. Add the following after Paragraph 13.4.3: "13.4.4 All retesting requested by the ENGINEER shall be paid for by the CONTRACTOR." B. The warranty referred to in Paragraph 13.12.1 shall be increased to five (5) years, rather than the one (1) year as referenced therein. The term "defective" as used in the General Conditions shall also include but not be limited to instances where any areas upon which WORK is performed, cracks, peels or detaches. The obligation of the CONTRACTOR to effect repairs/corrections shall continue until such repairs/corrections are completed as provided for in Article 13, so long notice is mailed or delivered by the OWNER within the warranty period (that is, while the warranty is in force). The CONTRACTOR shall not be relieved of its warranty obligations by the specification of specific products or procedures. Any reference to a guarantee in the General Conditions will also mean and refer to the warranty in section 3.9.A of these Supplementary Conditions. Notwithstanding any provision in Article 13 to the contrary, the following shall also apply: No provision contained in any warranty provided by the material supplier(s) or third parties other than the CONTRACTOR shall in any way compromise or diminish the warranty of the CONTRACTOR under this Agreement. Nor shall the warranty of the CONTRACTOR be diminished or compromised due to the work performed by others to prepare the existing surfaces of specified materials or any other work performed by others prior to the CONTRACTOR performing its WORK under this Agreement." C. In Paragraph 13.2.3, all words after the word "year" on line 5 shall be deleted. 3.9 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION A. Add the following Paragraph 14.2.1 " All applications for payment shall be accompanied with a unit drawing depicting all quantities and areas of excavation and repairs. Additionally, those depicted areas shall be designated as to what category (i.e. unit cost) each repair shall be put under in the submitted pay request application." B. In the first sentence of Paragraph 14.10.2, following the word "WORK", insert the words "or to place and install equipment". C. Add the following to the end of Paragraph 14.13: "14.13.1 Notwithstanding any provisions contained in Paragraph 14.13, the OWNER may refuse to make payment of the full amount recommended by the ENGINEER because claims have been made against the OWNER on account of the CONTRACTOR'S performance or furnishing of the WORK, or liens have been filed in connection with the WORK or there are other items entitling OWNER to a set-off against the amount recommended, but OWNER must give CONTRACTOR immediate written notice (with a copy to the ENGINEER) stating the reasons for such actions." D. The following new Paragraph 14.16 shall be added: " 14.16 As a condition to the CONTRACTOR receiving a progress payment under Article 14, the CONTRACTOR shall deliver to the OWNER, in a form satisfactory to the ENGINEER, lien waivers from all contractors, subcontractors and materials suppliers. The owner shall also be permitted to pay any lienors directly without prior notice to the CONTRACTOR. The CONTRACTOR shall submit to the OWNER, upon written request, that progress payment affidavit under F.S. 713.06(3)(c)(1). Furthermore, as a condition to the CONTRACTOR receiving Final Payment under the Agreement, all warranties from suppliers shall be issued and be in full force and effect without qualification." 3.10 ARTICLE 15 -SUSPENSION OF WORK AND TERMINATION A. Delete "persistently" in Paragraph 15.2.1, Line 1. 3.12 ARTICLE 16 -ARBITRATION A. Article 16 is deleted in its entirety, and the following shall be substituted in its place: "No dispute under this agreement shall be resolved by arbitration, but shall be resolved by a court proceeding after the parties have resorted to the remedy under Paragraph 9.10 through 9.12. Furthermore, any references to "arbitration" in this Agreement which have not been specifically deleted, are hereby deemed deleted." 9 SECTION 0500 GENERAL REQUIREMENTS 1.0 PROJECT LOCATION: The Villa Del Sol, Inc. balcony Restoration project is located at 11000 South Ocean Drive, FI., 34957 2.0 SCOPE OF WORK: A. The work to be performed by the CONTRACTOR includes furnishing all materials, labor, tools, equipment, whatsoever, transportation, supervision, temporary construction of any nature whatsoever necessary to modify, construct, remedy, complete, deliver, and place in operation the subject project as herein described and specified. All work shall be in r accordance with the contract documents. B. The specifications are intended to include everything required and necessary for the proper installation of the work, whether each necessary item is mentioned herein or not, unless otherwise specified, and the CONTRACTOR is -expected to provide the same. C. All work herein specified called for in the specification, or in detailed drawings shall be executed in accordance with all governing ordinances, laws and regulations and shall meet local conditions and any change a and/or conditions will be made without additional expense to the OWNER, but such changes shall have the prior written approval of the OWNER. 3.0 INTENT OF DOCUMENTS: A. The documents are intended to outline procedure(s) and furnish guidelines to which the proposed work or part thereof, which shall be, constructed in accordance with the Contract Documents. 4.0 SUBMITTALS: s A. The CONTRACTOR shall submit, with a letter of transmittal to the ENGINEER and two (2) sets of checked and approved product specifications. Allow a minimum of two weeks from the date of receipt for review by the ENGINEER. Review of the product specifications will be general and will not relieve the CONTRACTOR from any responsibility. 5.0 QUALITY CONTROL: A. Field Observations: bX] 7.0 W Forty-eight (48) hours notification to the ENGINEER by the CONTRACTOR shall be required for all specified Feld observations, unless otherwise noted. MAINTENANCE OF TRAFFIC: A. The CONTRACTOR shall arrange- his --work to cause -minimum disturbance of normal pedestrian and vehicular traffic and be responsible for providing suitable means of access to all public and private properties during all stages of construction. Other than for an emergency safety condition, the CONTRACTOR must contact the OWNER and ENGINEER for approval prior to completely blocking off any street or parking to vehicular traffic during construction. B. The CONTRACTOR shall make accommodations to provide access to the individual units, at the end of each workday, and submit their recommendations to the OWNER and ENGINEER for approval. PLACING EQUIPMENT INTO SERVICE: A. Electrical equipment shall not be energized, or placed into service, nor shall mechanical equipment be operated by the contractor until approved by the OWNER and ENGINEER. Such approval shall be granted only after all interested parties have been duly notified in writing, have given approval for placing the equipment into service, and all interested parties are present or waived their.right to be present. The CONTRACTOR shall notify the OWNER and ENGINEER a.minimum of twenty four (24) hours or as far as in advance as possible of the dates that various items and equipment will be completed and ready for start-up. STORAGE AND USE OF PREMISES: A. The CONTRACTOR shall confine his apparatus, materials storage and operations of personnel to the limits indicated by the OWNER or ENGINEER. All materials used on the project shall be stored in a single place designated by the OWNER or ENGINEER. The storage area shall be kept clean and the CONTRACTOR shall, be liable for damages to surrounding areas. B. Flammable materials and/or any other fire hazardous materials shall be stored, handled and use in an approved manner in accordance with all local codes and ordinances. ACCESS TO AREAS OF PROPOSED WORK: A. The work to be preformed to the balconies shall be accessed only through the exterior of the building. The use of the elevator shall only be granted upon receipt of a written request and shall be subject to the approval of the OWNER or ENGINEER. 04 10.0 PROTECTION OF THE UNIT: A. The CONTRACTOR shall take all precautions to protect the individual units from experiencing any damage from the work being performed to the balconies, which shall include placement of plywood, plastic, etc. for protection. B. Upon completion of the proposed work to the balconies, the CONTRACTOR shall be responsible to repair, replace any item or component of the unit interior damaged during the completion of the work. All disputes and/or claims of damage shall be reviewed in accordance with the general conditions. C. Should adverse conditions such as sever storms or hurricanes be forecasted to effect the project area, the CONTRACTOR shall be solely responsible for reinstalling all apparatus such as hurricane shutters, plywood, and sliding glass doors to insure the protection of the units interiors. 11.0 PROJECT RECORD DOCUMENTS: i A. The. CONTRACTOR shall keep one record copy of all Specifications, Drawings, Agenda, Modifications, Shop Drawings and Samples at the site, in good order and annotated to show all changes made during the construction process. B. The CONTRACTOR shall submit to the ENGINEER detailed drawings depicting the areas, which have been repaired for permanent record and for verification of the submitted pay requests. END OF SECTION M SECTION 600 BID FORM PROJECT IDENTIFICATION: Balcony Restoration To Villa Del Sol Condominium Association 11000 South Ocean Drive Jensen Beach, FI. 34957 BIDS TO BE SUBMITTED TO: Tim Marshall, PE 300 Prosperity Farms Rd. Suite G North Palm Beach, FL 33408 Phone: (561) 881-7280 Fax: (561) 881-0201 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 and within the CONTRACT TIME indicated in this BID and in accordance with the other terms and conditions of the CONTRACT DOCUMENTS. 2. The BIDDER accepts all the terms and conditions of the ADVERTISEMENT or INVITATION TO BID and INSTRUCTION TO BIDDERS, including without limitation those dealing with the disposition of BID SECURITY. This BID will remain subject to acceptance for forty-five days after the day of BID opening. The BIDDER will sign and submit the AGREEMENT with the BONDS and other DOCUMENTS required by the BIDDING REQUIREMENTS within fifteen days after the date of the OWNER'S NOTICE OF AWARD. 3. In submitting this BID, the 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: b. BIDDER has familiarized itself with the nature and extent of the CONTRACT DOCUMENTS, WORK, site, locality and all conditions and laws and regulations that in any manner which may affect cost, progress, performance or furnishing of the proposed WORK. C. BIDDER has studied carefully all REPORTS and DRAWINGS of subsurface conditions and DRAWINGS of physical conditions of the extent of the technical data contained in such reports and drawings upon which the BIDDER is entitled to rely. d. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface of physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the WORK as the BIDDER considers necessary for the performance or furnishing of the WORK at the CONTRACT PRICE, within the contract time and in accordance with the other terms and conditions of the CONTRACT DOCUMENTS, no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by the BIDDER for such purposes. e. BIDDER has received 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 or similar information or data in respect to said UNDERGROUND FACILITIES are or will be required by the BIDDER 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. ry 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 j DOCUMENTS. g. BIDDER has given ENGINEER written notice of any and all conflicts, errors or discrepancies that the BIDDER has discovered in the CONTRACT DOCUMENTS and the written resolution thereof by the ENGINEER is acceptable to the BIDDER. h. This BID is genuine and not made in the interest of or on the 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 other BIDDERS or over the OWNER. i. Any other representation required by laws and regulations. 4. a. BIDDER will complete the WORK for the following prices: LUMP SUM CONTRACT PRICE: If the required quantities of the items listed below are increased or decreased by change order, the t I adjustment unit price set forth below shall apply to such increased or decreased quantities: 5. BIDDER agrees that all WORK to will be substantially complete within 90 calendar days after the date when t '. the CONTRACT TIME commences to run and completed and ready for final payment within 120 calendar days after the date when the CONTRACT TIME commences to run. i 6. The following documents are attached to and made a condition of this BID: a. A tabulation of subcontractor, suppliers and other persons and organizations required to be identified in this BID. b. Required Bidder's Qualifications statement with supporting data. Communications concerning this BID shall be addressed to: Project Engineer: Timothy S. Marshall, PE A.T. Design's, Inc. 300 Prosperity Farms Rd. Suite G North Palm Beach, FL 3340E Phone: (561) 881-7280 VILLA DEL SOL BIDFORM A CONTRACTOR ITEM DESCRIPTION QUANTITIES UNITS UNIT PRICE AMOUNT Surface S all Repair 363 S.F. /S.F. $ Replacement of Overlay 256 Slab Edge Repair 12" Depth) 48 L.F. /L.F. $ Overhead Repair 12 Cubic Foot Repair a. Bag Mix . b. Design Mix 22 C.F. C.F. /C.F. /C.F. Column/Beam Repair 44 C.F. /C.F. $ Epoxy Injection 5 Preparation of Surface Areas 452 S.F. /S.F. $ Placement of coating a. Thoro Coat F-74 452 S.F. /S.F. $ Stucco Repair 157 Sliding Glass Door Removal and Reinstallation 80 L.F. /L.F. $ Install Weather Wall for Sliding Glass Door 90 L.F /L.F. $ Removal and Reinstallation of Existing Balcony Railings 112 L.F. /L.F. $ Sub Total: $ Mobilization and Demobilization L.S. $ Permitting L.S. $ Labor Hourly Rate: /Hour Electrician Hourly Rate: /Hour Miscellaneous: Total Contract Amount: $ The quantities are based upon those units that A.T. Design's, Inc. inspected. An quantities are estimates and are subject to cnange during me completion of the proposed work. SUBMITTED BY AN INDIVIDUAL: (Individual's Name) Doing Business as Business Address: Phone No, Fax No, (Seal) VILLA DEL SOL BIDFORM B CONTRACTOR ITEM DESCRIPTION QUANTITIES UNITS UNIT PRICE AMOUNT Surface Spell Repair 362 S.F. /S.F. $ Replacement of Overlay 251 Slab Edge Repair 12" Depth) 48 L.F. /L.F. $ Overhead Repair 12 Cubic Foot Repair a. Bag Mix b. Design Mix 16 C.F. C.F. /C.F. /C.F. Column/Beam Repair 38 C.F. /C.F. $ Epoxy Injection 5 Preparation of Surface Areas 444 S.F. /S.F. $ Placement of coating a. Thoro Coat F-74 444 S.F. /S.F. $ Stucco Repair 157 Sliding Glass Door Removal and Reinstallation 80 L.F. I /L.F. $ Install Weather Wall for Sliding Glass Door 90 L.F /L.F. $ Removal and Reinstallation of Existing Balcony Railin s 112 L.F. /L.F. $ Sub Total: $ Mobilization and Demobilization L.S. $ Permitting L.S. $ Labor Hourly Rate: /Hour Electrician Hourly Rate: /Hour Miscellaneous: Total Contract Amount: $ The quantities are based upon those units that A. t . uesign s, inc. utspecrea. An quannaes are esumares and are sudteu w 61.ai'y= completion of the proposed work. SUBMITTED BY AN INDIVIDUAL: (Individual's Name) Doing Business as Business Address: Phone No. Fax No (Seal) t. SUBMITTED BY A PARTNERSHIP: (Firm's Name) General Partner: Business Address: Phone No, SUBMITTED BY A CORPORATION: (Corporation Name) i 3 (State of Incorporation) Fax No. (Name of Person Authorized to Sign) (Title) Attested By: Business Address: Phone No. Fax No. SUBMITTED BY A JOINT VENTURE: (Name) Business Address: Phone No. Fax No, (Name) Business Address: (Seal) (Seal) Phone No. Fax No. (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above). 4 I � SECTION 700 AGREEMENT This AGREEMENT is dated on the later of the dates below by and between the VILLA DEL SOL Condominium Association, Inc. (hereinafter called "OWNER") and (hereinafter called "CONTRACTOR"). In consideration of the mutual covenants hereinafter set forth, the Parties agree as follows: Section 1. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement ("Agreement") between the Parties concerning the Work consist of the following: 1.1. The Invitation to Bidders. (Section 100) 1.2. The Instruction to Bidders. (Section 200) 1.3.. The Bid Forms. (Section 600) 1.4. The Agreement (Section 700) 1.5. Specifications bearing the title "Cast -In Place Concrete" (Section 1000) f 1.6. The documents listed in Sections 1.2 et seq. above are attached to this y Agreement (except as expressly'noted otherwise above). There are no Contract Documents other than those listed above in this Section 1. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Section 2. WORK: 2.1. SCOPE OF WORK: The Scope of Work includes all items included in the Bid Form to the balconies of Villa Del Sol Condominium Association, Inc. (referred to in this AGREEMENT as the "OWNER"). The designated repairs involve repairs to the designated balconies. More specifically, the CONTRACTOR shall be solely responsible j for preparation of all horizontal balcony surfaces, which shall include removal of all existing carpeting, carpet glue, tile, and/or any other material, which is presently covering the said horizontal surfaces. Once thoroughly cleaned, only those areas identified by the ENGINEER shall be marked out and excavated to the extent of removing all deteriorated concrete and exposing the oxidized reinforcement. Upon completion of the excavation of the identified areas all oxidized reinforcement shall be cleaned and replaced if necessary. Once repaired, the entire area shall be coated with an anti-corrosion/bonding agent and then the approved repair mortar shall be placed in the excavated areas. Each area and type of repair shall be repaired using procedures as specified in the particular repair specifications contained in the project manual. All stages of the repairs shall be inspected by the ENGINEER to assure specification adherence and to approve the work completed. The Work to be performed by the CONTRACTOR includes furnishing all materials, labor, tools, equipment, transportation, supervision, and temporary construction of any nature whatsoever necessary to modify, construct, remedy, complete, deliver, and place in operation of the subject project as described in this AGREEMENT. The Technical Specifications are intended to include everything required and necessary for the proper installation of the work, whether each necessary item is mentioned herein or not, unless otherwise specified, and the CONTRACTOR is expected to provide the same. Section 3. CONTRACT TIME: 3.1. The anticipated starting date is , and all Work shall be substantially completed within (__) calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions (_) calendar days, from the date when the Contract Time commences to run.. No Work shall be performed on the weekends Saturday or Sunday without written authorization. Section 4. CONTRACT PRICE: OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: A price of ($ 4.1. Notwithstanding any provision to the contrary contained in this Agreement, including the General Conditions, the Contract Price shall in no event increase except pursuant to a Written Amendment, Change Order or Work Directive Change from the OWNER, or except in the case of uncovering Work as provided for in Article 13.9 of the General Conditions. 4.2 The foregoing shall be the Contract Price regardless of any provision to the contrary in the Technical Specifications. Section 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. The Application for Payment is attached to and made a part of this Agreement, and must be used for each payment request. Section 6. INTEREST: All money not paid when due as provided in Article 14 of the General Conditions shall not bear interest. Section 7. CONTRACTOR'S REPRESENTATIONS: 2 In order to induce OWNER to enter into this Agreement, Contractor makes the following representations: 7.1. CONTRACTOR has examined and carefully studied the Contract Documents, and all Technical Data, which is not part of the Contract Documents. 7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in Paragraph 4.2 of the General Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in Paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for. the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning 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 or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5. CONTRACTOR is aware of the general nature of Work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7. CONTRACTOR has gives ambiguities or discrepancies that C Documents and the written resolut CONTRACTOR, and the Contract Do convey understanding of all terms and Work. ENGINEER written notice of all conflicts, error, )NTRACTOR has discovered in the Contract on thereof by ENGINEER is acceptable to ;uments are generally sufficient to indicate and conditions for performance and furnishing of the Section 8. MISCELLANEOUS: 8.1. Definitions: Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meaning indicated in the General Conditions. 8.3. Venue: Venue shall lie in St. Lucie County, Florida. 8.4. Waivers: No waiver of any of the provisions hereof shall be effective unless in writing and signed by the Party to be charged with such waiver. No waiver shall be deemed a continuing waiver or waiver in respect of any subsequent breach or default, whether or similar or different nature, unless expressly so stated in writing. 8.5. Entire Agreement: This Agreement contains the entire agreement between the Parties hereto and supersedes all prior written and oral understandings or agreements not specifically referred to in this Agreement. No promises or representations, expressed or implied, not specifically set forth herein shall bind any Party. 8.6. Notices: All notices desired or required to be sent pursuant to the provisions of this Agreement shall be in writing and shall be delivered personally, by a commercial overnight mail carrier, by facsimile; or deposited in the United States Mail, sent certified, return receipt requested, addressed as follows: If to the OWNER: Villa Del Sol Condominium Association, Inc. 11000 South Ocean Dr. Jensen Beach, FL. 34957 Phone: (561).225-0494 If to the CONTRACTOR: or addressed to such other addresses as the Party to receive the notice may direct, from time to time, by not less than seven-(7) days notice to be received by the other Party. The foregoing is subject to any provision contained in the Agreement, which requires a different person to receive notice. 8.6. Costs, Attorneys and Paralegal Fees: The prevailing party in any Court proceedings, including appellate proceedings, shall be awarded against and from the losing party, reasonable Court costs, as well as reasonable paralegal and attorneys fees. 8.7. Conflict: In the event of any conflict between or among the Contract Documents, the Documents shall be construed as having the following priorities: First Priority: Modifications. Second Priority: Face Sheet of the Agreement and the Application for Payment. Third Priority: Addenda (latest date). Fourth Priority: Supplementary Conditions. Fifth Priority: Specifications, including Technical Specifications and drawings. Sixth Priority: General Conditions. 4 8.8. In conformance with the requirements of Section 725.06, Florida Statutes, the specific considerations for CONTRACTOR'S promises and indemnification's as provided in section 6.31 of the GENERAL CONDITIONS are: A. One dollar ($1.00) in hand paid by OWNER to CONTRACTOR, receipt of which is hereby acknowledged and the adequacy of which CONTRACTOR accepts as completely fulfilling the obligations of OWNER under the requirements of Section 725.06, Florida Statutes, and; B. The entry of OWNER and CONTRACTOR into this Agreement .because, but for CONTRACTOR'S promises as contained in the Agreement, OWNER would not have entered into this Agreement with the CONTRACTOR. Section 9. EFFECTIVE DATE: This Agreement will be effective on the later date of the signing of this Agreement. THE PARTIES have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by CONTRACTOR, or by the OWNER (or ENGINEER on its behalf). OWNER: Villa Del Sol Condominium Association, Inc. CONTRACTOR: By: END OF SECTION Date: Date: s APPLICATION FOR CERTIFICATE FOR PAYMENT TO OWNER: Villa Del Sol Condominium FROM CONTRACTOR: PROJECT: Pool and Planter Restoration VIA ARCHITECT: A.T. Designs CONTRACT FOR: Phase One CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. 1. ORIGINAL CONTRACT SUM 2. Net change by Change Orders 3. CONTRACT SUM TO DATE (LINE 1 +1- 2) 4. TOTAL COMPLETED & STORED TO DATE (Column G) S. RETAINAGE: a. 10% of Completed Work (Columns D + E) b. 10% of Stored material (Column F) Total RETAINAGE (Line 5a + 5b or Total in Column 1 of Form2) 6. TOTAL EARNED LESS RETAINAGE (Line 4 less Line 5 Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) 6. CURRENT PAYMENT DUE 9. BALANCE TO FINISH, INCLUDING RETAINAGE Line 3 less Line 6) CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner Total approved this Month TOTALS $ - $ NET CHANGES by Change Order $ - $ - APPLICATION NO.: PERIOD TO: PROJECT NOS.: CONTRACT DATE: PAGE 1 OF 3 PAGES Distribution to: OWNER ARCHITECT CONTRACTOR x ENGINEER The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief that Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payment received from the Owner, and that current payment shown is now due. CONTRACTOR: By: Date State of: County of: Subscribed and sworn to before me this day of Notary Public: My Commission expires: ENGINEER'S CERTIFICATE FOR PAYN In accordance with the Contract Documents, based on on -site observations and the data comprising this application, the Engineer certifies to the Owner that to the best of the Engineer's knowledge, information and belierthe Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOl1NT CERTIFIED. AMOUNT CERTIFIED .................. (.41tacG explmmtiou ijamoun( certf re ifjers fioni (lie rinioiiii(npp ier or. niriu all figures on this Application and on the Continuation Sheet that are changed to conform to the amount certified ENGINEER By: Date: This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Con. tractor named herin.. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. CONTINUATION SHEET PAGE OF PAGES APPLICATION AND CERTIFICATE FOR PAYMENT, APPLICATION NO.: containing Contractor's signed Certificate, is attached. APPLICATION DATE: In tabulations below, amounts are stated to the nearest dollar. PERIOD TO: Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO.: A B C D I E F G H I WORK COMPLETED ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE FROM PREVIOUS APPLICATION (D + E) THIS PERIOD MATERIALS PRESENTLY STORED (NO IN DORE TOTAL COMPLETED AND STORED TO DATE (D+E+F % (G \ C) BALANCE TO FINISH (C - G) RETAINAGE (IF VARIABLE) RATE) i i I i Totals A. GENERAL INFORMATION 1. Purpose and Related Documents: AlA Document G702, Application and Certificate for Payment, is to be used in conjunction with AlA Document G703, Continuation Sheet. These documents are designed to be used on a Project where a Contractor has a direct Agreement with the Owner. Procedures for their use are covered in A1A Document A201, General Conditions of the Contract for Construction 1987 Edition. 2. Use of Current Documents: Prior to using any AlA document, the user should consuit the A1A, an AtA component chapter or a current AtA Documents List to determine the current edition of each document. 3. Limited License for Reproduction: AlA Documents G702 and G703 are copy righted works and may not be reproduced or excerpted from in substantial part without the express written permission of the AlA. The documents are Intended to be used as consumables-that is, the original documents purchased by the user are intended to be consumed In the course of being used. There is no implied permission to reproduce these documents, nor does membership In The American Institute of Architects confer any further rights to reproduce G702 and G703. A limited license is hereby granted to retail purchasers to reproduce a maximum of ten copies of a completed or executed G702 and G703, but only for use In connection with a particular Project. Further reproductions are prohibited without the express written permission of the AlA. B. COMPLETING THE G702 FORM: ' After the Contractor has completed AlA Document G703, Continuation Sheet, summary Information should be transferred to AlA Document G702. Application and Certificate for Payment. The Contractor should sign G702, have it notarized and submit it, together with G703, to the Architect. The Architect should review G702 and G703 and, If they are acceptable, complete the Architect's Certificate for Payment on G702. The Architect may certify a different amount than that applied for, pursuant to Paragraphs 9.5 and 9.6 ofA201. The Architect should then initial all figures on G702 and G703 that have been changed to conform to the amount certified and attach an explanation. The completed G702 and G703 should be forwarded to the Owner. C. COMPLETING THE G703 FORM: Heading: This information should be completed to be consistent with similar information on AtA Document G702. Application and Certificate for Payment. Columns A, B 8 C: These columns should be completed by identifying the various portions of the Project and their scheduled value consistent with the schedule of the values submitted to the Architect at the commencement of the Project or as subsequently adjusted. The breakdown may be sections of the Work or by Subcontractors and should remain consistent throughout the Project. Multiple pages should be used when required. Column C should be subtotaled at the bottom when more than one page Is used and totaled on the last page. Initially, this total should equal the original Contract sum. The total of column C may be adjusted by Change Orders during the Project. Column D: Enter In this column the amount of completed work covered by the previous application (columns D — E from the previous application). Values from column F (Materials Presently Stored) from the previous application should not be entered in this column. Column E: Enter here the value of Work completed at the time of this application including the value of materials incorporated into the project which were listed on the previous application under Materials Presently Stored (column F). Column F: Enter here the value of Materials Presently Stored for which payment is sought. The total of the column must be recalculated at the end of each pay period. This value covers bath matedals newly stored for which payment is sought and materials previously stored which are not yet incorporated into the Project Mere payment by the Owner for stored materials does not result in a deduction from this column. Only as materials are incorporate into the Project is their value deducted from this column and incorporated Into column E (Work Completed - This Period). Column G: Enter here the total of columns D, E and F. Calculate the percentage completed by dividing Column G by Column C. Column H: Enter here the difference between column C (Scheduled Value) and column G (Total Completed and Stored to Date). Column 1: This column is normally used only for contracts where variable retainage Is permitted on a line -item basis. It need not be completed on projects where a constant relainage Is withheld from the overall contract amount. Change Orders: Although Change Orders could be incorporated by changing the schedule of values each time a Change Order is added to the Project, this is not normally done. Usually, Change Orders are listed separately, either on their own G703 form or at the end of the basic schedule. The amount of the original contract adjusted by Change Orders is to be entered in the appropriate location on the G702 form. Construction Change Directives: Amounts not in dispute that have been included in Construction Change Directives should be incorporated into one or more Change Orders. Amounts remaining in dispute should be dealt with according to Paragraph 7.3 1 A201. D. MAKING PAYMENT: The Owner should make payment directly to the Contractor based on the amount certified by the Architect on AlA Document G702. Application and Certificate for Payment. The complete form contains the name and address of the Contractor. Payment should not be made to any other party unless specifically indicated on G702. E. EXECUTION OF THE DOCUMENT: Each person executing the Agreement should indicate the capacity in which they are acting (i.e., president, secretary, partner, etc.) and the authority under which they are executing the Agreement. Where appropriate, a copy of the resolution authorizing the individual to act on behalf . of the firth or entity should be attached. SECTION 900 CONCRETE AND STUCCO RESTORATION 1.0 RELATED DOCUMENTS: Drawings, related documents and general provisions of the contract, including general and supplementary conditions and specifications, apply to this work of this section. 2.0 SCOPE OF WORK: A. The CONTRACTOR shall provide all labor, material, testing, tools, equipment, and product to remove existing materials and remedy, complete, deliver and construct the work to be specified herein. B. Work shall include: - Applications and permits for performing the work. - Removal and hauling of all materials. ` - Testing of a sample area to determine chloride*content of the concrete. - Preparation of the affected surfaces and substrates. _ - Placement of the approved materials on affected areas. ' - Removal of all equipment and debris upon completion of work. C. The CONTRACTOR shall submit four (4) samples of all materials as specified or approved equals and as otherwise requested by the ENGINEER, including but not limited to the following: ' 1. Manufacturer's Literature WDescriptive data including recommendations for mixing, application and curing. 2. Test Reports: Manufacturer's certified test reports showing compliance with the specification requirements. D. Provide material certificates signed by - the manufacturer and contractor, certifying that each material item complies with, or exceeds the specified requirements set forth in the CONTRACT DOCUMENTS. E. The CONTRACTOR shall conduct tests to determine the chloride content gradient of the concrete to avoid increased corrosion potential. All test areas shall be subject to approval by the ENGINEER. 3.0 STANDARDS: A. Concrete work shall conform to all requirements of ACI 301-99, "Specifications for Structural Concrete Buildings", except where modified in this of other sections of the specifications. B. The CONTRACTOR shall familiarize himself with the requirements of ACI 301 in all respects and all modifications as stated in these specifications. C. The CONTRACTOR. shall familiarize himself with the requirements of the j manufacturer of the products being used in this application, in all respects. 4.0 QUALITY ASSURANCE: A. The CONTRACTOR shall be qualified and experienced in the work of this scope and scale, having demonstrated experience for five (5) years and shall provide locations of work and references for review by the OWNER and ENGINEER. l B. The CONTRACTOR shall be an approved CONTRACTOR of the manufacturer of the specified product, who has completed a program of instruction in the use of the , specified repair materials and provide a notarized certification from the ! manufacturer attesting to their APPROVED CONTRACTOR status. C. At the discretion of the ENGINEER, bids shall be accepted from a contractor other than an APPROVED CONTRACTOR of the manufacturer of the specified product. Said CONTRACTOR shall provide the ENGINEER with five job references where, they have successfully repaired any structural and/or non-structural cracks with the i specific product. i D. Prior to proceeding with the work described herein, the CONTRACTOR shall finish I one complete area as a demonstration of the product, where designated by the ENGINEER, clearly indicating color, finished texture, materials and workmanship. The sample area, when accepted by the ENGINEER, shall serve as a minimum standard for the work throughout the entire project. i D. The APPROVED CONTRACTOR of the manufacture of the specified products and the manufacturer shall provide the OWNER with a joint and several guarantee on the application and product covered in this specification for a period of not less than five (5) years from the date of substantial completion of the project. j 5.0 SCHEDULING AND APPLICATION CONDITIONS: A. A bi-monthly progress and ultimate work schedule shall be furnished by the CONTRACTOR for approval and shall be based upon the contract completion date. The CONTRACTOR shall advise the OWNER of the areas in which work is to be performed in advance of the scheduled work to permit the notification of the individual unit owners to move furniture, vehicles, etc. f i B. The CONTRACTOR shall meet with the OWNER and ENGINEER for the purpose of - inspecting and monitoring the work performed. The CONTRACTOR shall give the ENGINEER at least 48 hours notice prior to an inspection. Any discrepancies and/or deviations from the plans and/or specifications shall be reported immediately, in writing, to the OWNER and ENGINEER. C. Application of all materials shall be performed in dry weather and temperatures of 50 degrees or higher. Exterior work shall be halted to permit materials to set up or harden before condensation by night temperature drop occurs. Do not proceed with application of any material until surfaces are moisture free. 6.0 DELIVERY, STORAGE AND HANDLING: A. The delivery of the specified products shall be in their original, unopened containers with the manufacturer's name, label, product identification and batch numbers. B. All products shall be stored and conditioned as recommended by the manufacturer. 7.0 SURFACE CLEANING & PREPARATION: A. Demolition of Existing Chattahoochee, River Rock, or Poly Pebble Surfaces: (If Applicable) _ 1. The existing epoxy encapsulated pedestrian balconies, decks, and walkways shall be removed to the concrete surface by means of mechanical abrading, blast trackind scarifying. grinding, sand blasting and/or manual spudding. B. Demolition of Existing Tile, Paver, Slate Deck Surfaces: (If Applicable) 1. Existing decks tiles, pavers, slate shall be spudded off according to industry standards. 2. All materials shall be removed, cleaned by means'of mechanically abrading, blast tracking, or scarifying, according to industry standards, to provide a sound substrate for the approved material installation. C. Removal of Existing Carpeting and Carpet Glue, Tack Strips, Etc. (If Applicable) 1. Existing carpeting on areas to be treated shall be totally removed and discarded. 3. All materials shall be removed, cleaned by means of mechanically abridging, blast tracking, or scarifying, according to industry standards, to provide a sound substrate for the approved material installation. E, D. Blast Tracking and Abrading of Floor Substrate: 1. All floor surface substrates shall be blast tracked and/or sandblasted in order to remove surface film contaminates, and existing coatings, to profile the surface to receive the new surface material and insure an adequate bonding profile. E. Mechanical Planing/Scarifying: 1. The floor surface shall be scarified/mechanically planed utilizing approved machinery, according to industry standards, to remove all surface contaminates which were not removed after blast tracking and/or sand blasting to score the substrate surface in order to provide an adequate bonding profile for the approved surface material application. F. Hydro Blasting: 1. The exposed concrete substrate shall be thoroughly hydro blasted. The hydro blasting equipment shall be of a size and capacity to deliver a minimum of 5000 pounds per square inch (psi), with a minimum water volume usage of 10 gallons per minute (gpm). 2. A chlorine/detergent solution shall be applied to all surfaces prior to hydro blasting to remove fungus, dirt, atmospheric pollutants, salt residue, chalking and existing deteriorated materials. The solution may be applied with a garden type spray equipment, or by utilizing siphon tip assembly on hydro blasting equipment, prior to the final hydro blasting. 3. Areas exhibiting efflorescence deposits shall be treated with a 10% to 25% solution of muriatic acid to water mixture, scrubbed with stiff bristle brushes and thoroughly rinsed with pure water to neutralize acidity. 4. Cleaning of all the surfaces to be coated or otherwise be treated shall be phased according to project size and scope of work in order to avoid surface re- contamination prior to further treatment. 5. Planted areas, foliage, etc. shall be lightly rinsed with clean water to remove any chalk and/or residue and dilute any chemical residue deposits as a result of the surface preparation procedures. H. Preparation and Treatment to Rust and Iron Deposits on the Masonry Surfaces 1. During the hydro blasting process, remove all rust and iron deposits from masonry surfaces with a solution of 10% to 25% oxalic acid and water mixture, or equal, and scrub with a stiff bristle brush and rinse thoroughly with pure water. 4 i 1. Removal and Replacement of Caulk 1. During the preparation of the designated surfaces all caulking material which runs around the perimeter or at the intersection of various facades shall be j removed by cutting out the caulking in the affected area. 2. Upon completion of the surrounding surface preparation all joints shall be filled with a two part polyurethane material to prevent moisture penetration and allow for minimal movement. The material to be used shall be approved by the ENGINEER. J. Inspection of Cleaned Surfaces 1. All substrate and/or prepared surfaces shall be carefully inspected by the ENGINEER and product manufacturer representative and further abrading/scoring, as required, in order to provide a surface free of debris and with adequate texture bonding for the subsequent product application. 2. If the method the CONTRACTOR has chosen to prepare the surface has not adequately removed all foreign material down to clean substrate, the OWNER and/or ENGINEER can direct the CONTRACTOR, at no additional cost to the OWNER, to use an alternative method to prepare the affected surfaces in -accordance with the specifications. K. Debris Storage and Removal 1. All demolished materials, dirt, and/or debris removed from all the substrate surfaces shall be cleaned on a daily basis and deposited in dumpster(s) supplied by the CONTRACTOR and shall be hauled and/or deposited in sanitary landfills according to state and local regulations at no cost to the OWNER. 2. The CONTRACTOR shall clean the project work site daily and remove all debris from the work areas prior to leaving the site. 8.0 PREPARATION AND REPAIR TO CONCRETE SURFACES: A. Repair of Spelled Concrete: 1. All areas exhibiting spelling characteristics add/or hollow soundings shall be chipped out with sledge hammers and/or hand held chisels or jack hammers - . (max. 15 lb.) to the end of the observed deteriorated areas exposing all underlying substrates. a. For repair volumes that extend to over 4" depth in any continuous spall, complete through slab area or cutout area, the repair shall be made with cast in place 5 concrete as described in Section 1000 of the CONTRACT DOCUMENTS. The edges of the areas to be repaired are to be prepared with the application of an - approved bonding agent. I - b. For repair volumes that do not exceed 4" depth in any continuous spall or cutout area, -the repair —is -to be --made _with _a -polymer modified cement materials specified for this job. The edges of the areas to be repaired are to be prepared with a slurry coating of the repair mortar, or with the application of a 2- component, solvent free, moisture insensitive epoxy bonding/grouting adhesive. _ 2. The perimeter of the spalled area(s) shall be saw cut out to a depth of one quarter ; (1/4) inch and a minimum of one (1) inch from the affected surface to provide angled edges for the patching material to bond and prevent the deterioration of the patched area edges. The angle edge shall be cut away from the spalled area to y provide a mechanism to hold the patch material in place. All material shall be removed within the saw cut perimeter to provide a minimum of one half (1/2) of an inch depth of patch material. 3. When removing material from the designated areas, by approved methods and tools, the contractor shall begin work from the perimeter of the effected area and - work in the direction towards the areas center. 4. All deteriorated and/or exposed reinforcement shall be cut back or cut out, if required, to the end of the deterioration and/or to a minimum of 3 inches beyond the deteriorated reinforcement, according to manufactures specifications. Should the cross -sectional area of the affected reinforcement bar be reduced by more than 25%, a new reinforcement bar must be installed of matching size and insuring i proper overlap of at less twenty-four (24) bar diameters. 5. All remaining exposed reinforcement shall be cleaned by either sand blasting and/or •'` mechanically abraded to remove all oxidation. 6. All reinforcement surfaces shall be totally free of debris, moisture, grease or other substance prior to application of the protective materials. 7. Once the reinforcement has been cleaned and dried, totally encapsulate/prime the ` treated reinforcement with a 2-component, polymer modified, epoxy encapsulating adhesive/bonding agent with anti -corrosion properties around the full diameter of the prepared reinforcement, and allowed to dry. All procedures shall follow the r manufacturer's recommendations and shall be inspected by the ENGINEER. 8. The totally cleaned and dried spalled area/void shall than have an approved bonding agent applied to entire the surface area to insure adequate bonding of the existing concrete to the materials to be used.in the next stage of the process. 9. Fill the bonding agent treated spalled area/void with a high-grade, high strength polymer modified concrete/ hydraulic cement, depending on the size and depth of the repair area, fill to match existing grade following manufacturer's recommended procedures. 10. All grout/hydraulic cement and bonding agent shall be mixed according to manufacturer's recommendations to enhance the mixes adhesion and prohibit cracking. 9.0 RAILING/POST REPAIR: Embedded items in the concrete, such as railing posts, made of aluminum, steel or other metallic material which have been determined to be loose, deteriorated and/or previously anchored by external measures are to be removed by approved methods and the penetration location cleaned out in accordance with manufacturers specifications and without causing damage to the railing post or the surrounding concrete deck. The cleaned out penetrations are to be filled and the railing posts are to be embedded in a minimum of 1" surrounding thickness of a high modulus, 2- component, solvent free, moisture insensitive, non -shrinking, epoxy bonding/grouting adhesive material as manufactured by Sonneborn or approved equal. 2. Embedded. fasteners and accessories, if required to further strengthen the stability of the handrails, are to be made of ASTM A316 stainless steel, especially where used to secure aluminum components to the concrete. —All penetrations required to fasten the component to the concrete are to be sealed either by the application of a silicon sealant to the fastener or by bedding the component in an approved epoxy material to assure proper adhesion and against moisture penetration. The placement of such fasteners shall in no way interfere with the drainage of the surrounding concrete surface. 3. If the affected handrails bases are deteriorated to a point where adequate structural reinforcement will not be provided by placement of external accessories, inserts of similar material, shall be used to reinforce the railing posts. The inserts shall be embedded into the concrete slab and inserted into the main railing posts and bolted for stability. The cut sheets of the proposed inserts shall be submitted and reviewed by the OWNER and ENGINEER prior to final approval for placement. 4. The contractor shall take precautions to prevent dissimilar metals from coming into contact with each other by providing insulating materials and/or sleeves between the two dissimilar metals of approved thickness and composition. 5. All railing post penetrations, in used and/or previously filled, shall be filled to slab grade and crowned with approved materials and methods to improve stability and prevent moisture from collection around the railing posts. 10.0 CRACK REPAIR: 1. Treatment to Deck Cracks a. All surfaces to be repaired shall be clean, dry, and free from dirt, grease, oil, loose or peeling paint, chalk, salt or other surface contaminates which would act j as a bond breaker to the repair materials. b. Cracks of 1/16th inch in width or larger shall be cut out using suitable tools, - — enlarging the crack -to permit _sufficient.application of the approved materials. c. All areas surrounding the crack, where excessive dust is evident, shall be sealed with methyl ethyl ketone or denatured alcohol, according to approved manufacturer's specifications and industry standards, to provide a sound bonding surface for the new sealant. 4. Application of Approved Repair Materials: a. Shrinkage cracks of 1/32th inch or less in width, after proper preparation, shall be filled with a liquid application epoxy resin material sealer or other approved materials and one (1) layer of fiberglass mesh, in accordance with manufacturer's recommendations, and allowed to set. _ b. Movement cracks of 1/16th to 1/4th inch in width shall be cut or ground out and `i- cleaned and primed in accordance with the specifications. Injection ports shall be _ placed at equal spacing of six (6) inch intervals or less. The ports shall be set in approved epoxy gel applied to the entire length of the crack and built up around the ports and_ given adequate time to set, prior to starting the injection process. The injection of the gel shall be performed using a machine -operated hydraulic . pumping system and ensuring that the gel has flowed to each port. This method is done by clamping off ports where the injected gel is observed flowing out and. repeating injecting the previously injected ports to insure the gel has completed filled the void. 11.0 PREPARATION AND TREATMENT OF EXPANSION JOINTS: 1. Surfaces to be repaired must be clean, dry and free from dirt, grease, oil, loose and/or peeling paint, caulk, salt or other surface contaminates which may act as a bond breaker to the new materials. All existing deteriorated sealant materials and/or ( - joints designated for repair shall be cut out completely. Dress the joint's side walls with grinders to remove all foreign materials and install new backing rods as necessary, for standard joints or proper strip backing for wide expansion joints, to provide proper depth -to -wide ratio and prevent three-point adhesion failure. 2. Installation of Primer: a. Joint wall substrate shall be inspected for weak and/or deteriorated areas ands repaired where necessary. b. Clean the joints side walls with methyl ethyl ketone or denatured alcohol. Chalked and/or masonry surfaces (interior joint side walls) shall be primed with sealant the (— manufacturer has recommended primer to assure permanent adhesion. l 8 3. Sealant Installation: a. Install all of the joint sealant material with caulking and/or glazing tools, filling the joint completely by following the manufacturer's recommended method of material placement. i b. At perimeter caulking applications (90 degrees) or as necessary, where a triangular fillet is required such as a floor -to -wall joint, thresholds, door tracks, etc. care must be taken to insure that an adequate bonding area to each substrate j can be maintained. Under no circumstances should the bonding area of the sealant beads be less than 114 inch or manufacturer's recommended minimum area. 4. Installation of New Expansion Joints: a. New joints shall be cut using power saws with carbonated blades, cut new joints to the proper depth and width as follows: i. The new joint should be a minimum of four times the anticipated movement or sized in accordance with the manufacturer's recommendations. ii. Minimum sealant joints: 1/4" x 1/4"Depth of the joint should not exceed the width from 1/4" to3/4". 1/2" x 1/2" Depth of the joint should not be more than 1/2" to 5/8" (plus the required depth of the backing rod, if required). a. A closed cell polyurethane or neoprene backing rod shall be used to control the depth of the joint sealant material application and to prohibit three-point adhesion failure. Extreme caution must be taken when placing the backing rod so as not to puncture the rod. b. Where the joint depth does not permit use of regular joint backing, a release paper (bond breaker) or releasing tape shall be utilized. c. Maximum Joint Size: Approximately two (2) inches in wide by 5/8 inches in depth plus the diameter of the backing rod, if required. d. Install Sealant to joint as detailed and tool with flat hand tools or byproduct manufacturer's approved methods. 12.0 STUCCO. REPAIR: 1. Description of Work: a. The scope of work shall be as outlined in Part 3 hereof. 9 2. Submittals: a. The Contractor shall submit to the Engineer product specification sheets for review and approval. Prior to the beginning of work the Contractor shall submit to the Engineer samples of the -proposed -product to be used for each particular item of repair. Additionally, the Contractor shall provide areas for a sample of the work to be performed. 3. Delivery and Storage: a. All materials shall be delivered to the site in original, new, unopened packages, containers, or wrappings bearing the manufacturer's name and label which shall include the product name, material identification number, stock number, color name and number, manufacturer's name, instructions for usage and coverage, and any other pertinent information. 4. Job Conditions: a. The job site shall be maintained in a neat and orderly fashion and shall be cleaned at the end of each workday. Protection of the property from damage while performing the proposed work shall be the sole responsibility of the Contractor. All work shall be completed in a timely manner in accordance with the repair specifications. 5. Surface Preparations: a. All paint shall be removed 6" from the edge of each side of the repair. (1) Layer of 4" fiberglass mess shall be installed where the new stucco meets the old stucco to prevent cracking. An approved stucco -bonding agent shall be applied onto the prepared surface. b. All surfaces shall be properly prepared and cleaned prior to the application of any material. All exterior surfaces to be painted or coated shall be pressure cleaned at a minimum pressure of 2500 PSI to remove all dirt, mildew, caulks paint, and any foreign materials. Cleaning solutions may be used to remove any foreign material but shall be rinsed off prior to application of any material. Any loose and/or scaling paint, or deterioration uncovered during the high pressure cleaning shall be removed, or repaired to provide a sound substrate for the application of the materials. PRODUCTS 1. Acceptable Products and Manufacturers: Subject to compliance with requirements, provide the following products: a. Stucco: Corner Bead: PVC type plastic Plastic molded corner bead 10 Stucco Mix: Thorn Stucco Mix or equivalent b. General: Items not specifically called out shall be of similar quality and material make up and shall be subject to review and approval by the Engineer prior to the use of said materials. In no cases shall the manufacturer's recommended application rate, coverage, and dry mil thickness be exceeded. 2. Stucco Finishes: a. All damaged and corroded stucco corner beads and delaminated stucco shall be IDENTIFIED and marked out prior to construction by the ENGINEER. b. Remove all loose existing stucco by saw cutting square edges into adjacent sound portions of the stucco and remove all stucco within the saw cut boundary. Chisel, sandblast and/or wire brush all foreign material to achieve a sound clean concrete substrate for new stucco application. c. All damaged or corroded stucco comer bead shall be saw cut out and' replaced with new plastic corner bead material (If required). The corner bead shall be fastened using non -corrosive fasteners, and shall be approved by the ENGINEER prior to installation. d. Prior to. the. application of the stucco the contractor must supply the ENGINEER with the specifications of the stucco mix, admixtures and bonding agents. e. The excavated areas shall then be primed with an approved material and stucco reapplied. The application of the stucco shall be a two -coat application, first scratch coat and then a finish coat to match the existing finishes. The minimum thickness of the applied stucco shall meet applicable manufacturer and code requirements. f. All stucco shall be applied in accordance with approved methods and in accordance with the materials manufacturer's approved application methods. g. All newly applied stucco finishes shall match the existing finishes of the surrounding stucco. 13.0 EPDXY INJECTION: 1. The area surrounding the crack to be injected shall be clean of efflorescent, deteriorated concrete and other contaminants that may be detrimental to the adhesion of the epoxy gel. If unsound or deteriorated concrete is located next to the crack, all unsound or deteriorated concrete shall be removed prior to the injection. 2. Install injection ports at appropriate intervals to accomplish full penetration of the injection adhesive. The final spacing of the ports shall be determined by the size of the crack, the depth of the substrate and the orientation of the injection. At no time shall the spacing exceed eight (8) inches. The injection ports shall be installed using one or more of the following methods. The CONTRACTOR performing the WORK shall be responsible for the method or -form WORK -as described in this section. However, the drilled in method shall be used when the crack width is less than .002 inches. 1. Surface Mounted Injection Ports: a. Center the injection ports over the crack and secure in place using epoxy gel. Where possible, install the injection ports over the widest areas along the length of the cracks. b. Completely seal the exposed crack located between the injection ports and other areas, as required to prevent leaking of the adhesive, using epoxy gel. The epoxy gel shall be neatly applied at an approximate thickness of 1/16" to 1/8". c. If the crack extends through the member, and if accessible, install telltale injection ports on the opposite side and seal all exposed areas of the crack. Generally, the spacing of the telltale injection ports should be twelve (12) to twenty-four (24) inches. 2. Drilled In Injection Ports: a. A vacuum attached swivel drill chuck and hollow drill bits shall be used for all drilled in injection ports to reduce the possibility of concrete dust, produced during the drilling, from sealing the crack and blocking the resign flow. b. The holes shall be drilled with a minimum 5/8" inch depth. Exercise care so as not to. drill beyond a crack which may be running at an angle to the surface. c. The injection ports shall be inserted into the drilled holes about 1/2 inch, allowing for a small reservoir below the injection port. Secure the injection ports into position using epoxy gel. d. When cracks to be injected have sealants, debris or other contaminants inside and when determined by the CONTRACTOR OR ENGINEER, these cracks shall be flushed out using water or air under high pressure. 14.0 GENERAL NOTES: 1. All specified and otherwise approved materials must be prepared for and mixed as required, prepared and placed in strict accordance with the manufacturer's recommendations. 2. No material, even if specified, shall be placed until the contractor has 12 submitted product information sheets on each material to be used and has received approval from the ENGINEER. 3. Shoring shall be used under all balconies which are being worked upon or show signs of excessive deflection and/or hazardous conditions. Shoring calculations must be submitted to the ENGINEER prior to the placement and/or use of any shores in accordance with the CONTRACT DOCUMENTS. 4. No material shall be placed until the ENGINEER has observed and approved the preparation of each location where said specified material is to be used. 5. Exhaustive measures shall be taken to protect the interiors and the sliding glass doors from any type of damage as result of the work on the balconies. If interior work is required, the contractor shall submit drawings, detailing all structures to be used to protect the individual unit interiors, for approval be the ENGINEER. END OF SECTION 13 SECTION 1000 CAST -IN PLACE CONCRETE 1.0 RELATED DOCUMENTS: Drawings, related documents and general provisions of the Contract, including General and Supplementary conditions and Specifications, apply to this work of this section. 2.0 SCOPE OF WORK: A. The CONTRACTOR shall provide all labor, material, testing, tools, equipment, and product to remove existing materials and remedy, complete, deliver and construct the work to be specified herein. B. The work shall include: Applications and permits for performing the work. Removal and hauling of existing materials Testing of a sample area to determine chloride content of the concrete. Preparation of the affected surfaces and substrates Placement of the approved materials on affected areas Removal of all equipment and debris upon completion of work. C. The CONTRACTOR shall submit three (3) samples of all materials as specified herein and/or as otherwise requested by the ENGINEER, including: 1. Manufacturer's Literature: Descriptive data including recommendations for mixing, placing and curing. 2. Test Reports: Manufacturer's certified test reports showing compliance with the specification requirements. D. Provide material certificates signed by the manufacturer and contractor, certifying that each product complies with, or exceeds the specified requirements set forth in the contract documents. E. The CONTRACTOR shall conduct tests to determine the chloride content gradient of the concrete to avoid increased corrosion potential. All test areas shall be subject to approval by the ENGINEER. 3.0 STANDARDS: A. Concrete work shall conform to all requirements of ACI 301-96, "Standard Specification for Structural Concrete", except where modified in this or other sections of the CONTRACT DOCUMENTS. B. The CONTRACTOR shall familiarize himself with the requirements of ACI 301-96 in all respects and all modifications as stated in these specifications. C. The CONTRACTOR shall familiarize himself with the requirements of the manufacturer of the products being used in this application, in all respects. D. The Standard Building Code,_1991 Edition__ _ _ SUPPLEMENTARY REQUIREMENTS TO ACI 301-96: A. Comply with Section 4 of ACI 301-96, and the Supplemental Requirements as stated herein: B. Cement— Conforming to ASTM C 150-94, Type I or Type III. C. ADMIXTURES: 1. Water reducing Admixtures: The admixture shall conform to ASTM C494-92, Type A and not containing more chloride ions that are present in municipal drinking water. "Pozzolith N" by Master Builders, or "WRDA-64" by WR Grace & Co. 2. Water Reducing, Retarding Admixture the admixture shall conform to ASTM C494-92, Type D, and not containing more chloride ions than are present in municipal drinking water. "Pozzolith R" by Master Builders or "Daratard 17" by WR Grace & Co. 3. High Range Reducing Admixture (Superplasticizer) The admixture shall conform to ASTM C494-92, Type F or G, and not containing more chloride ions than are present in municipal drinking water. 'Pozzolith 440-N" by Master Builders or "Daracem 100" by WR Grace & Co. 4. Rheoplastic Concrete Admixture: The admixture shall conform to ASTM C 494-92, Type F or G, and not containing more chloride ions than are present in municipal drinking water. Rheoplastic concrete is defined as concrete with a slump of 8-10 inches, non -segregating with little or no bleeding. The maximum initial slump of Rheoplastic concrete prior to addition of Rheoplastic admixture is 1 inch. Rheoplastic admixture shall not when compared to a reference concrete, retard the set of concrete throughout its recommended dosage range. Acceptable admixture: "Rheobuild" by Master Builders. 5. Air Entraining Admixtures: Conforming to ASTM C260-94. 6. Calcium Chloride: Calcium chloride or admixtures containing more than 0.1% chloride ions are not allowed. 7. Certification: Written conformance to the previously mentioned requirements and the chloride ion content will be required from all admixture manufacturers prior to the mix design review by the ENGINEER. 2 4.0 A. Comply with Section 4 of ACI 301-96 and the Supplemental Requirements as stated herein: B. Strength: Concrete slabs, designated as "Concrete Pavement" and subject to pedestrian traffic, shall have a 28-day compressive strength of not less than 4000 PSI and a flexure strength (modulus of rupture) of not less than 650 PSI when tested in accordance with the "Method of Test for Flexural Strength of Concrete (using simple beam with third point loading), ASTM C78-84. C. Durability: 1. General: a. Concrete required to be air entraining shall contain the " Air Entraining Admixture", and air content shall comply with table 4.2.24 of ACI 301-96. b. All pumped concrete shall contain "High Range Water Reducing admixture or Rheoplastic concrete admixture". C. The "Water Reducing", Type A, or "Water Reducing and Retarding, Type D admixtures complying with ASTM C494-92 may be used at the option of the contractor at ambient temperatures under 80*F. At ambient temperatures over 80*F, a Type D admixture must be used. d. All concrete containing the "High Ranging Water Reducing Admixture" (Superplasticizer) shall have a maximum slump of 8 inches or less otherwise directed by the ENGINEER. The concrete shall be proportioned for a verified slump of 2 to 3 inches, when the High Range Water Reducing Admixture is added to increase the slump to the approved level. All concrete containing Rheoplastic concrete admixture shall have a maximum slump of 10 inches, and a verified initial water slump not to exceed 1 inch. e. All other concrete shall be proportioned to have a maximum slump of 4 inches. 2. All normal weight concrete shall be air -entrained. The amount of total air content shall be in accordance with Table 4.2.2.4 of ACI 301-96. 5.0 FORM WORK: A. All formwork shall conform to Section 3 of ACI 301-96, and the Supplemental Requirements as stated herein: B. Earth cuts shall not be used as forms for vertical surfaces. 3 C. Form ties that leave through holes in the concrete are not permitted. D. No forms shall be removed prior to the concrete achieving 75% of its design strength. E. Flat slab forms and stair slab forms shall not be removed for five days. Upon removal of the forms, shoring shall be placed and remaining in place until the concrete is a minimum of 14 days old. 6.0 REINFORCEMENT: A. All reinforcement shall comply with Section 3 of ACI 301-96, and the Supplemental Requirements as stated herein: B. REINFORCING STEEL: 1. Bars #3 through #11 shall be deformed in accordance with ASTM A615-94, Grade 60. �I 2. Bars #2 in size shall be plain round ASTM A615-94, Grade 40. 3. Welded wire fabric shall be plain wire. I 4. Unless indicated otherwise, the minimum concrete protective cover specified in Table 3.3.2.3 of ACI 301-96 is the minimum specified cover. t 5. Slab and beam bottoms shall have reinforcement placed on plastic tipped or zinc coated legs or chairs. 6. Any new placement -of reinforcement shall be installed with a minimum of 24 diameters of overlap length. C. Rebar Couplers: Shall be threaded or swage connected to the reinforcing bars to be spliced. Any reinforcement to be welded shall be approved by the ENGINEER. The coupler shall be capable of developing 125% of the yield strength of the bar(s) in tension. In order to insure the proper orientation of the offset bars, the coupler connection of that bar must be swaged. 7.0 JOINT AND EMBEDDED ITEMS: A. All items shall comply with Section 2 of the ACI 301-96, and the Supplemental Conditions as stated herein: B. EXPANSION JOINTS: 1. Premolded joint fillers shall be preformed bituminous types, conforming to ASTM D1751-83, for joints without sealant. 4 2. Premolded expansion joint fillers for joints with sealant and where indicated shall be non -extruding and resilient type in conformance with ASTM D1752-84 and compatible with urethane joint sealant compounds. 8.0 PRODUCTION OF CONCRETE: A. All concrete shall comply with Section 4.3 of ACI 301-96 and the Supplementary Requirements as stated herein: B. READY -MIX CONCRETE: 1. The contractor shall provide copies of each delivery ticket to the ENGINEER. The mix designation shall be included on the delivery ticket. 2. In no case shall concrete be cast -in -placed which is over 90 minutes old from the time the mix was batched. C. WEATHER CONDITIONS: 1. Where the relative humidity is less than the corresponding concrete temperatures placed, or intended to be placed, as indicated in the following Table, the contractor shall follow the recommendations of ACI 305R-91, "Hot Weather Concreting"; Minimum Concrete Relative Temperature Humidity 100 deg F 80 95 deg F 70 90 deg F 60 85 deg F 50 80 deg F 40 75 deg F 30 The above Table is based upon a wind speed of 10 mph. For ambient wind speeds in excess of 10 mph, the CONTRACTOR shall follow the recommendations of Fig. 2.1.5 of ACI 305R-91, if the relationship of air temperature, wind speed, relative humidity and concrete temperature indicates a rate of evaporation in excess of 0.2 pounds per square foot per hour. 2. Maximum concrete placement temperature is 90"F for all concrete except Rheoplastic concrete. Appropriate measures shall be employed to maintain concrete temperature at placement below 90'F. Maximum concrete temperature of Rheoplastic concrete is 95*F at time of placement. 9.0 PLACING: 5 A. Placement of all concrete shall comply with Section 5 of ACI 301-96 and the Supplemental Requirements as stated herein: B. Protection: When the temperature of the concrete exceeds the minimum relative humidity relationship specified, follow recommendations of ACI 305R-91, Chapter 4. C. The maximum freefall of concrete shall be 3 feet with the maximum lift thickness of 1 foot For all concrete except Rheoplastic concrete. The maximum freefall and lift thickness of Rheoplastic concrete shall be 15 feet and 7 feet respectively. 10.0 REPAIR OF SURFACE DEFECTS: A. The repair of all surface defects shall comply with the Supplementary Requirements as stated herein: B. With prior approval of the ENGINEER, as to the methods and procedures, all repairs of defective areas shall conform to ACI 301-96, Section 5.3.7. C. All defects designated as "structural" by the ENGINEER shall be repaired with prior approval of the ENGINEER, as to the methods and procedures, using epoxy adhesive and/or„epoxy mortar materials submitted for approval in conformance with the procedures as outlined in CONTRACT DOCUMENTS. 11.0 CONCRETE SLABS: A. All cast in place concrete slabs shall comply with Section 5.3.3 of the ACI 301-96, and the Supplemental Requirements as stated herein: B. All finishes shall be in accordance with Section 5.3.3.5 of ACI 301-96, except for exterior slabs receiving tile, paver or similar coverings shall be trowel finished. 12.0 CURING AND PROTECTION: A. The curing and protection of the concrete shall comply with Section 5.3.6 of ACI 301-96, and the Supplemental Requirements as stated herein: B. The preservation of moisture shall be in accordance with Section 5.3.6.4 of ACI 301-96. 1. CURING AND SEALING COMPOUND: Compound shall conform to ASTM C-309-93, Type 1 or Type 1D. Solids content shall be 30% minimum and have test data from an independent laboratory indicating a maximum moisture loss of 0.030 grams per sq. cm when applied at a coverage rate of 300 sq. ft. per gallon. The manufacturer's certification is required. 2. Apply all compounds in accordance with the manufacturer's recommendations and directions. 3. All slabs, except for exterior walks and pavements, that are exposed concrete in the finished structure shall receive a curing and sealing compound. 0 5. All slabs that are to receive cementitious or other toppings are to receive a curing and hardening compound. 6. The CONTRACTOR shall verify the compatibility of the compounds with the proposed applied coverings or toppings. 7. The CONTRACTOR shall submit the manufacturer's product data for review by the ENGINEER. C. APPLICATION OF CURING, SEALING AND HARDENING COMPOUNDS: Apply all compounds to the concrete floors and slabs in accordance with the manufacturer's recommendation or as follows: 1. After the freshly poured concrete has been finished and hardened so not to allow marring by application, uniformly apply the undiluted compound by spray, brush or squeegee without allowing the compound to collect in low spots. 2. Keep all traffic off the compound applied surface until the surface is completely dry. 13.0 TESTING: A. All testing shall comply with Section 1.6 of ACI 301-96, and the Supplementary Requirements as stated herein: B. All testing of the concrete to review the materials, mixture, strength, slump, temperature, air content or any other information as required by the ENGINEER shall be conducted and paid for by the CONTRACTOR. C. Failure to meet the specifications, for whatever reason, and/or the replacement of the CONTRACTOR requiring additional testing, shall be paid by the CONTRACTOR. D. TESTING INTERVALS: For all concrete cast -in -place shall be tested at the following intervals: 1. Strength test for concrete molds, cure and test five specimens, one at 3 days, one at 7 days and three at 28 days. 2. Make slump and one strength test for each 10 cubic yards or fraction thereof placed in any one day. 9 SECTION 1100 MOISTURE PROTECTIVE COATINGS 1.0 RELATED DOCUMENTS: Drawings, related documents and general provisions of the contract, including general and supplementary conditions and specifications, apply to the work of this section. 2.0 SCOPE OF WORK: A. 'The CONTRACTOR shall provide all labor, material, tools, equipment, and product to remove existing materials and remedy, complete, deliver, construct the work to be specified herein. B. The work shall include: Applications and permits for performing the work. Removal and hauling of existing materials Preparation of the affected surfaces Placement of the approved materials on affected areas Removal of all equipment and debris upon completion of work. C. The CONTRACTOR shall submit two (2) samples of all materials as specified and as otherwise requested by the ENGINEER, including the following: Color Samples: Three (3), minimum 8 in. x 8 in. swatches of the manufacturer's full color range to the OWNER and ENGINEER for their selection. 2. Manufacturer's Literature: Descriptive data including recommendations for mixing, application and curing procedures. 3. Test Reports: Manufacturer's certified test reports showing compliance to specification requirements. D. Provide material certificates signed by the manufacturer and contractor, certifying that each material item complies with, or exceeds the specified requirements set forth in the contract documents. 3.0 QUALITY ASSURANCE: A. The CONTRACTOR shall be experienced in work of this scope and scale described herein, having demonstrated experienced for a minimum of five (5) years and shall provide locations of work and references for review by the OWNER and ENGINEER. 4.0 5.0 B. Prior to proceeding with the work as described herein, the CONTRACTOR shall finish one complete area as a demonstration of the specified product, where designated by the OWNER and ENGINEER, clearly indicating selected color, finished texture, materials and workmanship. The sample area, when accepted by the OWNER and ENGINEER, shall serve as a minimum standard for work throughout the entire project. - C. The CONTRACTOR shall provide primers and other undercoat material produced by the same manufacturer as the finished coats. Use only thinners, where necessary, which are approved by the product manufacture, and use only in the recommended limits. D. The right is reserved by the OWNER to invoke the following material testing procedures, at any time, during the period of field application, at the expense of the CONTRACTOR: 1. Engage the services ofan independent testing laboratory to sample product being used. All sample materials delivered to the project site can be taken, identified and sealed, and certified in the presence of the CONTRACTOR. The testing laboratory shall perform tests to determine if the samples .taken meet or exceed the outlined specified produce guidelines as stated herein. 2. If the test results show that the material being used does not comply with the specified requirements, the CONTRACTOR may be directed to stop all work and remove the non -complying paint, pay for testing, repaint surfaces coated with the rejected paint, remove paint from the previously painted surfaces if, upon repainting with specified paint, the two coatings are non -compatible. PRODUCT DELIVERY, STORAGE AND HANDLING: A. The approved materials shall be delivered in manufacturer's originally sealed containers with labels intact and legible, clearly identifying the manufacture, brand name, contents by volume, stock number and date of manufacture, application instructions, color name and number. B. All materials in original sealed containers shall be stored in an area designated by the OWNER and ENGINEER and at a temperature not less than fifty (50) and greater than (90) degrees Fahrenheit. SCHEDULING AND APPLICATION CONDITIONS: A. Application of all materials shall be done in dry weather and temperatures between 50 to 90 degrees or unless otherwise permitted by the product manufacturer's printed instructions. Exterior work shall be halted to permit materials to set up or harden before condensation by night temperature drop occurs. 2 - B. The CONTRACTOR shall not proceed with application of materials in rain, fog or when the relative humidity exceeds 85%, and/or to damp or wet surfaces, unless otherwise permitted by the paint manufacturer's printed instructions. C. The CONTRACTOR shall provide adequate continuous ventilation in areas lacking natural ventilation. D. A progress and/or work schedule shall be furnished by the CONTRACTOR for approval and shall be based upon the contract completion date. The CONTRACTOR shall advise the OWNER of the areas in which work is to be performed in advance of the scheduled work to permit the notification of the individual unit owners to move furniture, vehicles, etc. E. The CONTRACTOR shall meet witli the ENGINEER for the purpose of inspecting and monitoring the work performed. Any observed discrepancies shall be reported immediately, in writing, to the ENGINEER. 6.0 SURFACE CLEANING: A. Blast Tracking and Sand Blasting of Floor Substrate: The floor surface substrates shall be blast tracked and/or sand blasted in order to remove surface film contaminates, coatings, and to profile the prepared surface to receive the new surface material. B. Mechanical Planing/Scarifying: 1. The floor surface shall be scarified/mechanically planed utilizing approved machinery, according to industry standards if the prepared surface does not display adequate bonding capabilities, to remove all surface contaminates and to score the substrate surface in order to provide bonding for the approved surface material installation. C. Hydro Blasting: The exposed substrate shall be thoroughly hydro blasted to remove any remaining foreign substances as determined by the ENGINEER. The hydro blasting equipment shall be of a size and capacity to deliver a minimum of 3000 pounds per square inch (psi), with a minimum water volume usage of 6 gallons per minute (gpm). 2. A chlorine/detergent solution shall be applied to all surfaces prior to hydro blasting to remove fungus, dirt, atmospheric pollutants, salt residue, chalking and existing deteriorated materials. The solution may be applied with a garden type spray equipment, or by utilizing siphon tip assembly on hydro blasting equipment, prior to the final hydro blasting. 7.0 3. Areas exhibiting efflorescence deposits shall be treated with a 10% to 25% solution of muriatic acid to water mixture, scrubbed with stiff bristle brushes and thoroughly rinsed with pure water to neutralize acidity. 4. Cleaning of all the surfaces to be coated or otherwise be treated shall be phased f according to project -size and scope of work-in order to avoid surface re- contamination prior to further treatment. C 5. Planted areas, foliage, etc. shall be lightly rinsed with clean water to remove any chalk and/or residue and dilute any chemical residue deposits as a result of the surface preparation procedures. i D. Preparation and Treatment to Rust and Iron Deposits on the Masonry Surfaces: f 1. During the hydro blasting process, remove all rust and iron deposits from masonry surfaces with a solution of 10% to 25% oxalic acid and water mixture, or equal, and scrub with a stiff bristle brush and rinse thoroughly with pure water. (' E. Inspection of Cleaned Surfaces: All substrate surfaces shall be carefully inspected and further abrading/scoring, as required, in order to provide a surface free of debris and with adequate texture bonding for the subsequent product application. Debris Storage and Removal: All demolished materials, dirt, and/or debris removed from all the substrate surfaces shall be cleaned on a daily basis and deposited in dumpster(s) supplied by the CONTRACTOR and shall be hauled and/or deposited in sanitary landfills according to state and local regulations. SURFACE PREPARATION: A. General: Perform surface preparation in accordance with the manufacturer's instruction and as herein specified, for each particular substrate condition. 1. The CONTRACTOR shall provide barrier coats over incompatible primers or remove and prime again as required. The ENGINEER shall be notified, in writing, of any anticipated problems in using the specified coatings systems with the substrates and/or existing materials. 2. Remove all hardware, hardware accessories, machined surfaces, plates, lighting t.. fixtures and other items in place and not to be finish coated, or provide surface - applied protection prior to the surface preparation and coating operations. Remove, if any necessary, for complete coating of items and adjacent surfaces and following completion of work, reinstall removed items. 3. All surfaces shall have a bonding agent and/or other materials applied prior to the application of the finish materials to insure adequate bonding between the existing surface substrate and the coating to be applied. J B. Cement Materials: 1. Prepare surfaces of concrete, concrete " block, cement plaster and cement - asbestos board to be coated by removing efflorescence, chalk, dust, dirt, grease, oil, and by roughening, as required to remove glaze and insure adequate bonding. 2. The CONTRACTOR shall determine the alkalinity and moisture content of the surfaces to be coated by performing appropriate tests at the CONTRACTOR'S expense. If surfaces are found to be sufficiently alkaline to cause blistering and burning of the finish paint, correct the condition before application. Do not paint over -surfaces where the moisture content exceeds that permitted in the manufacturer's printed specifications. C. Ferrous Metals: Clean ferrous materials, which are not galvanized or shop coated of oil, grease, dirt, loose mill and any other foreign substances by solvent or mechanical cleaning. 2. The CONTRACTOR shall touch-up shop applied coats where damaged or bare as required with the same type of primer and clean. 8.0 MATERIAL PREPARATION: A. The CONTRACTOR shall mix and prepare all materials in accordance with the manufacturer's directions. The containers used to mix and apply the materials shall be kept free and clean of foreign substances and residue. B. The CONTRACTOR shall stir material before application to produce a mixture of uniform density, and stir as required during application. Do not stir surface film into material. Remove film and, if necessary, strain materials prior to application. 9.0 APPLICATION OF MATERIAL: A. General: The CONTRACTOR shall apply all materials and use applicators, and application techniques best suited for the substrate and type of material being applied in accordance with the manufacturer's recommendations and in accordance with the desired finishes. B. The CONTRACTOR shall provide all coats and finished coats in accordance with the materials used. Apply additional coats when undercoats, stains and/or other conditions show through the final coat of the material, until the finish is of uniform finish, color, texture, and appearance. C. The application of the approved materials shall be applied in layers to achieve a built up composite material finish. More specifically the material shall be applied in the following manner; (2) sub -coats, (1) Troweled textured coat, and (2) Acrylic color coats. The textured finish shall simulate a agreed to size tile pattern. The sub=coats shall -be -applied in adequate amounts as to eliminate, as much as possible, the existing depressions and/or drainage problems of the surface to receive the material. 10.0 MINIMUM COATING THICKNESS: A. The CONTRACTOR shall apply all materials at not less than the manufacturer's recommended minimum spreading rate, to establish a total dry material I thickness as indicated or, if not indicated, as a minimum rate as recommended t by the manufacturer. i 11.0 CLEAN-UP AND PROTECTION: A. The CONTRACTOR shall, during the progress of work, remove from the site discarded all materials, rubbish, cans, and rags at the end of each day. B. Upon completion of the work, The contractor shall clean window glass and other paint spattered surfaces by proper methods of washing and scraping, using care not to scratch or otherwise damage finished and/or surrounding surfaces. C. The CONTRACTOR shall protect all work of other trades, whether to be part of the work or not, against damage by material application and finishing work and shall be responsible for repairing and/or replacing any damaged items. D. The CONTRACTOR shall provide "wet paint or work in progress" signs as required to protect newly worked on finishes and remove any protective warping upon completion of work. E. The CONTRACTOR shall construct a barrier to protect the interior of each unit from any damage related to the work and/or exposure to the elements. The method and construction of the barriers shall be approved by the OWNER and ENGINEER. DETAIL IC R A w N G 9 Perimeter of patch must be square Minimum clearance c 3/4' behind the rebe Existing REPAIR PROCEDURE: 1. Remove all damaged or unsound concrete. 2. Saw cut the perimeter of the repair area, a minimum of 1/2 inch deep all around, forming a shoulder perpendicular to the substrate. 3. Chip out the concrete to expose the entire circumference of the rebar. Removal shall continue along the length of the reinforcing steel until at least 4 inches of uncorroded rebar is observed 4. Sandblast the concrete and exposed rebar. All scale shall be removed from rebar, restoring bare to their original 'white metal' condition. Insert new bars of equal diameter next to those that have deteriorated by more than 25%. All new steel shall be ASTM A-615 Grade 60. Lap splices shall be in accordance with ACI 318-96. 5. Coat all new and existing rebar as specified 6. Repair mortar shall be as described in the specifications. 7. Cure and finish as required in the specifications. Column Spall Repair Detail HA T. DESIGNS. INC. ENGINEERING k CONSULTING SERVICES (561) 881-7280 751 Northlake Blvd, Suite 2—C North Palm Beach. FL 33405 11 Deck Spalls Repair 1/2' Sawcut Anti -Corrosion edge Active Corrosion Coating • k a Slab Bonding Bridge REPAIR PROCEDURES: 1. Remove all damaged or unsound concrete. 2. Saw cut the perimeter of the repair area, a minimum of 1/2 inch dep all around forming a shoulder perpendicular to the substrate. 3. Chip out the concrete to expose the entire circumference of the rebar. Removal shall continue along the length of the reinforcing steel until at least 6 inches of uncorroded rebar is observed. 4. Sandblast the concrete and expose the rebar. All scale shall be removed from rebar, restoring bars to their original 'white metal' condition. Insert new bars of equal diameter next to those that have deteriorated by more than 25%. All new steel shall be ASTM A-615 Grade 60. Lap splices shall be in accordancee with ACI 318-96. 5. Coat all new and existing rebar as specified. 6. Repair mortar shall be as described in the specifications. 7. Bonding agent shall be as described in the specifications. 8. Cure and finish as rquired in the specifications. A. T. DESIGNS, INC. FLOORSPALL REPAIR DETAIL , ENGINEERING k CONSULTING SERVICES ' (561) 881-7280 761 Northlake Blvd, Suite 2—C North Palm Beach, FL 33408 --a- r-tch must be square cut Lap Splice as per ACI 318-96 FOR REPAR DETERIORATED) 15% REPAIR PROCEDURE: 1. Remove all damaged or unsound concrete. 2. Saw cut the perimeter of the repair area, a minimum of 1/2 inch deep all around, forming a shoulder perpendicular to the substrate. 3. Chip out the concrete to expose the entire circumference of the rebar. Removal shall continue along the length of the reinforcing steel until at least 4 inches, of uncorroded rebar is observed. 4. Sandblast the concrete and exposed rebar. All scale shall be removed from rebar, restoring bare to their original 'white metal' condition. Insert new bare of equal diameter next to those that have deteriorated by more than 25%. All new steel shall be ASTM A-615 Grade 60. Lap splices shall be in accordance with ACI 318-96. S. Coat all new and existing rebar as specified. 6. Coat existing concrete with bonding agent as specified just prior to placing the mortar 7. Repair mortar shall be as described in the specifications. 8. Cure and finish as required in the specifications. Full Depth Slab Repair . A. T. DESIGNS. INC. ' ENGINEERING k CONSULTING SERVICES I (561) 881-7280 751 NorLhlake Blvd, Suite 2—C North Palm Beach. FL 33408 f I \/iniml lm Annrnnnn M h must be square cut. REPAIR PROCEDURE- 1. Remove all damaged or unsound concrete. 2. Saw cut the perimeter of the repair area, a minimum of 1/2 inch deep all around, forming a shoulder perpendicular to the substrate. 3. Chip out the concrete to expose the entire circumference of the rebar. Removal shall continue along the length of the reinforcing steel until at least 4 inches of uncorroded rebar is observed. 4. Sandblast the concrete and exposed rebar. All scale shall be removed from rebar, restoring bars to their original 'white metal' condition. Insert new bars of equal diameter next to those that have deteriorated by more than 25%. All new steel shall be ASTM A-615 Grade 60. Lap splices shall be in accordance with ACI 318-96. 5. Coat all new and existing rebar as specified. 6. Repair mortar shall be as described in the specifications. 7. Cure and finish as required in the specifications. Ceiling Spall Repair Detail . A. T. DESIGNS, INC. ' ENGINEERING k CONSULTING SERVICES (561) 881-7280 T51 Northlake Blvd. Suite 2-C North Palm Beach. FL 33408 _ a Edge of patch must be squared. 2' As required to exposed 4' of uncorroded rebar. REPAIR PROCEDURE- 1. Remove all damaged or unsound concrete. 2. Saw cut the perimeter of the repair area, a minimum of 1/2 inch deep all around, forming a shoulder perpendicular to the substrate. 3. Chip out the concrete to expose the entire circumference of the rebar. Removal shall continue along the length of the reinforcing steel until at least 4 inches of uncorroded rebar is observed. 4. Sandblast the concrete and exposed rebar. All scale shall be removed from rebar, restoring bare to their original 'white metal' condition. Insert new bare of equal diameter next to those that have deteriorated by more than 25%. All new steel shall be ASTM A-615 Grade 60. Lap splices shall be in accordance with ACI 318-99. 5. Coat all new and existing rebar as specified. 6. Repair mortar shall be as described in the specifications. 7. Bonding agent shall be as described in the specifications. 8. Cure and finish as required in the specifications. Spalled Edge Repair Detail A. T. DESIGNS. INC. ' ENGINEERING h CONSULTING SERVICES (561) 881-7280 751 Northlake Blvd. Suite 2—C North Palm Beach. FL 33408 Elevation !am or b Section • •. I •°• ° I ° 0 Column j ° Corner I , I • I •° I I n ----- ________________ Slab or Nall • Partial Depth REMOVAL GEOMETRY Caution! Before starting removals, review effect of Removals on structural integrity. Provide shoring of Member as necessary. Particular care shall be exercised at slab/beam connections to column. Slab or Wall Full Depth A. T. DES roc IGNS. INC. exclxeeacoxsuuTIN sesnce� (561) 881-7280 gat xnrtbl.ke Blvd. Salto 2-C x.rth P.Im Be.eh. M SUN SEE DETAIL �2 - 120 NAILS PER STUD TOP k BOTTOM FOAM TO PROTECT CEILING AND WALLS 1'%2' 70 HOLD NSOUEEN NOTE: TOP PLATE THE CONTRACTOR SHALL BE SRESPONSIBLE FOR -REPAIRING ALL DAMAGE TOO THE UNIT INTERIOR$ AS A RESULT OF THEREMOVALOF THE DOORS AND/OR THE INSTALLATION OF THE HEATHER WALL. 2'XA' 3/8' BOLT - V SOUEEN �1/2' COX PLYWOOD 1Y2' A' CONCRETE FASTENER BpTTOJA PLATE '0 SAONCRET Weather Wall Section Not To Scale 1/4' DIA CONC. SCREW O 24' O.C. (FUL k COL. U.N.O.) 2 - 170 NAILS O EACH STUD IR FILL HOLES AND REPAIR CEILING O ENO OF PROLIECT TAPE SEAL MSOUEEN TO A CARPET TO PROTECT CEILING CEILING AND WALES I AND WALLS OUTSIDE INSIDE `1'X2' TO SUPPORT NSDUEEN (ALL MOUND OUSTWALLS) NSOUEEN - STAPLE AND TAPE TO 2 X A BOTN SIDES OF WALL CONNECT 1/2- PLYWOOD TO STUDS WITH 9D NAILS O S' O.C. III INat Weather Wall Detail To Scale 2XA STUDS O 16' O.C. II FULLY CAULX TOP k BOTTOM AND II JOINTS. VISOUEEN II COVERED 1/2' CDX PLYWOOD REPAIR AND PAINT ALL CEILING DAMAGE AT END OF PROJECT. Weather Wall Elevation Not To Scale '= Weather Wall Detail xorolxe% IWN ., A. T. DESIGNS. INC. osvm�W • mrnc am (561) 881-7280 Y V �� ml NEW TRACK NEW WATER- PROOF MEMBRANE - NEW FIBERGLASS REINFORCEMENT - m m nngcu 2M2 rWi *O SC4E F A TOP VIEW THRESHOLD DETAIL •••••1�11••••• SIDE VIEW THRESHOLD DETAIL 4" MAX. Klue HOLLOW CORE BLAB W/ OVERLAY CONCRETE -NEW URETHANE EXISTING CANT BEAD CONCRETE NEW ONE PART POLYURETHANE BEAM WITH CLOSED CELL BACKER ROD THRESHOLD SECTION A -A VILLA DEL SOL PRIVACY WALL W/ EXPANSION JOINT DETAIL ELRAY BEACH FLORID A. T DESIGNS. INC. awcpnwnc. mnrvmxc avvao (561) 881-7280