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2006-024 Quality Grassing Services AgreementRESOLUTION 2006 -24 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND VILLAGE CLERK TO ENTER INTO AN AGREEMENT WITH QUALITY GRASSING SERVICES, INC., ATTACHED AS EXHIBIT "A ", WHICH AGREEMENT PROVIDES FOR RESTORATION OF THE NORTH PALM BEACH COUNTRY CLUB GOLF COURSE FOR A LUMP SUM OF $3,800,778.00; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA: Section 1. The Village Council of the Village of North Palm Beach, Florida, does hereby approve the agreement with Quality Grassing Services, Inc., attached as Exhibit "A ", which agreement provides for restoration of the North Palm Beach Country Club golf course for a lump sum of $3,800,778.00. Section 2. The Mayor and Village Clerk are hereby authorized and directed to execute the agreement with Quality Grassing Services, Inc., set forth in Exhibit "A" for and on behalf of the Village of North Palm Beach. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS 13th DAY OF APRIL, 2006. (Village Seal) MAYO ATTEST: VILLAGE CLERK 00500 AGREEMENT THIS AGREEMENT is dated and will be effective on the day of April in the year 2006, by and between Villape of North Palm Beach (hereinafter called OWNER) and QGS Development, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Golf Course Restoration ARTICLE 2. ARCHITECT. NICKLAUS DESIGN, 11780 U.S. Highway One, Suite 500, North Palm Beach, Florida, 33408, Contact: Chris M. Cochran or Doug Morey Phone: (561) 227 -0300, Fax: (561) 227 -0548, is hereinafter called ARCHITECT and is to act as OWNER's representative, assume all duties and responsibilities and have the rights and authority assigned to ARCHITECT in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. ARTICLE 3. CONTRACT TIME. 3.1. The Work will be substantially completed within 111 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 within 127 days from the date when the Contract Time commences to run. 3.2. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five Hundred Dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Five Hundred Dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. AGREEMENT 00500 -1 ARTICLE 4. CONTRACT PRICE. Owner shall pay Contractor for completion of the work in accordance with the Contract Documents, subject to adjustments as provided therein, in current funds as follows: 4.1. A Lump Sum of : Three Million Eight Hundred Thousand Seven Hundred & Seventy Eight Dollars and zero cents (use words) ($ 3,800,778.00 ) (figures) All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.8 of the General Conditions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ARCHITECT as provided in the General Conditions. 5.1. PROGRESS PAYMENTS. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment, as recommended by ARCHITECT, due from the Contractor on or about the 1st day of each month during construction as provided below. Progress payments will be made on or about the tenth (10`h) business day following the fourth Wednesday of each month. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in Division 1: General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ARCHITECT shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions, less liquidated damages, if any. 90 % of Work completed. 90 % of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98 % of the Contract Price, less such amounts as ARCHITECT shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions, less liquidated damages, if any. 5.2. FINAL PAYMENT. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, and settlement of all claims, including liquidated damages, if any, OWNER shall pay the remainder of the Contract Price as recommended by ARCHITECT as provided in said paragraph 14.13. AGREEMENT 00500 -2 ARTICLE 6. (This Article left blank intentionally) AGREEMENT 00500 -3 ARTICLE 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Division 1: General Requirements as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in Division 1: General Requirements of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in paragraph 7.2 above) which pertain to the subsurface of physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance, or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site J _ and assumes responsibility for the accurate location of said Underground Facilities_ No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. 7.5. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6. CONTRACTOR has given ARCHITECT written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ARCHITECT is acceptable to CONTRACTOR. ARTICLE 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire Agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement consisting of 6 pages. 8.2. Exhibits to this Agreement identified as: Contractor's Certificate of Insurance; inclusive. Contractor's Corporate Resolution (00502); AGREEMENT 00500 -4 8.3. Performance Bond and Payment Bond consisting of 6 pages (plus Power of Attorney Forms as applicable). 8.4. Notice of Award. 8.5. General Conditions consisting of 33 pages. 8.6. Supplementary Conditions consisting of 10 pages. 8.7. Specifications consisting of 33 pages, including Typical Detail Sketches. 8.8. Drawings not attached hereto but are listed in Section 00860 List of Drawings. 8.9. Addenda numbers 1 to 14 , inclusive. 8.10. CONTRACTOR'S Proposal consisting of 46 pages. 8.11. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to paragraphs 3.4 and 3.5 of the General Conditions. 8.12. The documents listed under Article 8 above are attached to this Agreement (except as expressly noted otherwise above). 8.13. Notice of Compliance with Chapter 556, Florida Statutes consisting of 1 page. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.4 and 3.5 of the General Conditions. ARTICLE 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. Except as set forth in the following subparagraph to this Section 9.2, no assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The aforementioned prohibition against assignment shall not be applicable to the assignment by the Owner to other governmental entities or agencies of any or all of the Contractor's warranties and guarantees as set forth in Article 13 of the Standard General Conditions of the Construction Contract; as amended by the applicable Supplementary Conditions, which are incorporated as Contract Documents in this Agreement. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for the construction or repair of a public building or public work, may not be awarded or perform Work as a Contractor, Supplier, Subcontractor, or Consultant under a Contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. AGREEMENT 00500 -5 9.5. The Contractor does hereby agree to the non - disclosure provisions of Section 119.07(3)(ee), Florida Statutes, for any building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure being constructed pursuant to this Agreement for the Owner. ARTICLE 10. INDEMNIFICATION. 10.1. The parties agree that 1% of the total compensation paid to the Contractor for performance of this Agreement shall represent the specific consideration for the Contractor's indemnification of the Owner and ARCHITECT as is set forth in Paragraphs 6.30 and 6.31 of the General Conditions. 10.2. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statute 725.06 (Chapter 725). It is further the specific intent and agreement of the parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the "Specific Consideration" therefore. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and ARCHITECT. Village of North Address for giving notices 501 U.S. Highway 1 North Palm Beach, FL 33408 CONTRACTO Uz S Attest:�� Address for giving notices P.O. Drawer 108 Lithia, FL 33547 License No. CGC 1506522 Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) END OF SECTION AGREEMENT 00500 -6 APR -13 -2006 13:44 1 Quality Grassing 00502 CONTRA►CTOR'S CORPORATE RESOLLI'iION OF T>C vtrj,.c PC A6NT jW' . (Name of Cotporatioil P.02 WHEREAS, VILLAGE OF NORTH PALM BEACH, a Political Subdivision of the State of Florida, has requested bid to do certain work as further set out in. itg Sid Documents; and WHEREAS, this corporation has submitted a bid in accordance with the aforementioned Bid Documents; and Vv'REREAS, a proposed Agreement has been presented to this corporation by VILLAGE OF NORTH PALM BEACH for carrying out the work as set forth in this corporations bid; and WHEREAS, this corporation desires to enter into said Agreement with VILLAGE OF NORTH PALM BEACH; THEREFORE, be it resolved, that 'A r"` E A _ the Vtc.G fn c,� i ob,4 i (title) of this corporation be, and is hereby authorized and directed to execute and deliver for, on behalf of., and in the name of this corporation and under its corporate seal the aforementioned Agreement, in the form of the copy submitted at this Meeting or as thercafter negotiated with said copy being attached to and trade a part of the Minutes of this meet°fn.g; and UPS RM T MM RESOLVED, that the officers of this corporation be and they are hereby authorized, empowered, and directed in the name and for the account of this corporation.- to take or cause to be taken any and all such other and further action and to execute, ack nowledgc, and deliver any and all such other instruments as, in the judgment of such officers, may be necessary, proper, or convenient in order to carry out the intention of this Resolution. I certify that the foregoing is a true copy of a Resolution of the Board of Directors of CPCrS _(name of corporation) a corporation duly organized and exiSting under the laws of the State of Fi..OR -A D A. having its principal place of business at t7Sa2 �t� �-t 2. P, d. aA•�t- toQ LCtlh.� F1_ 33547 duly adopted in accordance with the By -Laws, and recorded in the Minutes of the meeting of said Board held on the day of _Zar%L)a_ V-4 , 200(Q , and now in full force and effect, IN WITNESS W14.1GRF'O , I have hereunto subscribed my name and affixed the seal corporation this i Y." day of 4f(Lt�-- 20 a(o 0 SecrFtaty "I riatie C3,o�a.n1 c S END OF SECTION CONTRACTOR'S CORPORATE RESOLUTION 00502 -1 04/12/2006 WED 12:49 FAX 727 521 2902 Wallace Welch 6 Willingh IQ002 /003 - a i ACORD CERTIFICATE OF LIABILITY INSURANCE P AGR UAGR -1 DATE (MM/DD/ 06 04/12 /06 PRODUCER Wallace Welch & Willingham Inc 300 First Avenue South, 5th F1 P.O. Box 33020 St. Petersburg FL 33733 Phone: 727- 522 -7777 Fax:727 -521 -2902 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Q G.S. Development , Inc . Drawer 1D 8 Lithia FL 33547 INSUREFA Amerisure Mutual Insurance 19488 INSURED E LIMITS INJ. UPEP ._ ItISI IPEP D IrIc UREP E. L61dPJ=1:LTeI=ILI THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSK LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) DATE MM/DD/Y1') LIMITS GENERAL LIABILITY EACH OCCURREH,_E $1,000,000 A X COMMEPU.AL GENERAL LIABILITY GL2015404 10/31/05 10/31/06 FIPEMISES (Ea occurernce) 50,000 :LAIM= MADE — 0�1_I IR MED EXP (orty one person) T 5,000 PEPSONAL 8 ADV INJUPY T 1,000 , 000 GENERAL AGGREGATE T 2,000,000 6EIJ'1_ AGGREGATE LIMIT APPLIES PER PRODUCTS - :OMF'IOP Arita $2,000,000 POLICY X jE, T L' - "- Emp Ben. 1,000,000 A AUTOMOBILE LIABILITY ArJY AUTO CA1300341 10/31/05 10/31/06 rOM61NED -ItKAE LIMIT (Ea accident) T 1,000,000 X EODIL'Y IN UI!F'r (Per Gerson) T ALL IVVNED A! IT CS SCHEDULED AUTO !C HIPED.AUTCS X EOC,ILY UdJI IFY (Per acurlent) - T X PROPERT'r DAMAC -E (Per acurlant) GARAGE LIABILITY AUT`,C,IDLY- EAACCIDENT T OTHEF THAT) EA" AC i T ANY Al ITO Al ITC, OIJL'Y EXCESS /UMBRELLA LIABILITY - EACH OCCIJPPEtV.E T 4,000,000 • X OCCUR CLAIMS MADE CU1327823 10/31/05 10/31/06 AGGP&_-ATE T4,000,000 T R DEDUCTIBLE T X F'ETEIJTIraJ T10000 WORKERS COMPENSATION AND X I TORY Uhti IITS I EG • EMPLOYERS' LIABILITY AIJr PROPFIETOF /PAFTPJEF/EKECUTIVE WC1324363 10/31/05 10/31/06 EL EACHA.=UDENT $ 100,000 EL GI _.EASE- EA,EMF'L?rEE $100,000 r-FFICEP /MEMBER EXCLUDED - If ves, des -nbe under ;F'ECI.AL FROVF,1c1tI". below E L. DISEASE - Fr!LIC'Y LIMIT T 5OO , 000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS RE: Project; The Village of North Palm Beach, Certificate Holder is Additional Insured with exception to Workers Compensation. CERTIFICATE HOLDER CANCELLATION VILLNPA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 - DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL Village of North Palm Beach IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 501 U.S. Highway 1 North Palm Beach FL 33408 -4906 REPRESENTATIVES. ACORD 25 (2001108) - — / © ACORD CORPORATION 198E Construction Performance Bond 00610 -1 Any singular reference to Contractor. Surety, Owner or Lather party shall be considered Aural where applicable. CONTRACTOR (Name and Address): SURETY (Nance and Principal Place of Business): OWNER (name and . ddres;): Village { 501 t).S. t'Ii.:hb:a ;` 1 NoYth Palm I each, FL 33408 CONSTRUCTION CONTRACT Date: :ln2;wnt: L)e�ciilltic�n tNarrie Etnd Lcicxtticlz } Ge l f "our. e r Restoration BOND Date (Not earlier than Construction Contract Date): Amount: 'Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company: Signature: __ ........................ Name and Title: C'UN`I'I {At:'TOR AS PRINCIPAL Company -. Signature: __...._._.... Name and Title: SURETY (Corp. Seal) Company: (Corp. Seal) Signature: Name and Title: SURETY Company: Signature: _ __T Nome and Title: (Corp. Sea]) (Corp. Seal) EJCDC No. 1910 -28A (1984 Edition) 01rough the joint L° -lorts of t he Surely of Americ8. Engineers Joint Contract Documents Committee. The AS40C'iatcd Ciencral Coi ractors of .Arica. anti the American Institute of Architects. 00610 —s L The C oninctor and the Surc y eAMb end ate eral:y, hint€ tl3ernw €1'e., tbe'ir h&4 e? :ee'UM& ttdliiinhtrttorN twon — and a4siiats 14) the Owner tier the performance of the Consrr ictir,n C'ontrna. "WA is incorporated herein by reference. 1 MW CoMmoor pei -Forms the C`virtue: hn Comma- the Surety and Me Corf ractor .holy have no obligation under this BmW ewyt w prrr- £leipate in cmAt-ences as prt?s•tded in SuVMmWi:ar,h 1I. 3. if there is no Owner Wlint. IN A rely! obli) aWn under thin Bond shay!€ arise altex: 3.1. Ile C) "Ier fiv non5d Be iWmwactor mW the Swirly at At addte45 described in Paragraph 10 be; ", that the Onncr is cant"rc€ering declaring a Conti-actor f)cf mh anal t3a rcCluested :and ,,attempted to arrange a conference with tic C"cintracter and Be Surety to be held not later than fifteen days aver receipt of s:kch notice to dlscus., nietl' ;ends Cif peAforrnin +,the consiruaiem Commet. If the Onner. the C a,t3tra £,grand Be `surety a: ren the Contra;:tor"thall he w Duerr a remain% time to perform! the Consuue:tion C:on- trt,:t, t'ut such ,iii agreerrma ,hall! Heir ssVe We Owner's rich'. if all, s0sequeral'; w decfari a Wtaacurt• I)atuh: and 3.2. The Owner ner h.t, dcck :rod if Contractor 1) f';:trlt ,knit Formally iui- ntin,tted the C=ontractor's rjht tea complete the contract. Such C. ontraclor Def.nitt shall not he WOW eat• Wr than tavern, days :alter" the r„ ontractor Sind the Surety have i'e,'eived nwice: its pro Sided in -Sul patr<: raph 3.1: ,nid 3.1. i'hc (),,ner ha, ai'::'L`etl to p"y the Ro rinse or the Ctin ino Pete to the Surety in 3ker'cordawe with the terms of the Construction C onttaict or to a contmaor v* wed to peWwrn Ilse C:amnu :lion Comma m aCtord rite m All the initi, of Be cmiran wittt Be ihs n e: % 4, b1'hert the t)se Her ha, sattls!ied the c nwtitioats of P:uEttaraptt �, the Siuei} shat!l ptoutptly anal at Be Sui-c y 4 c%pen4e Yke one of the; 1011 sung ;aawns: d.l. Arrarige for tilt: f" tort ;"actor'. ?s All ccinsctat of IN,' On tier. to perform and connplaL 'he {..on,ti'LiCtiOn Cortrao: tiI' 4,2. Undertake to perform and scat iplat the Consvitc6on Cot1rran ft cell•. through ;r4 stt_;;nts ter than yh independent coritractcary o Az. Obtain hills car negotitated rin,pouals from qualified contractors . :cce pmble to, the Huller for ;i .,ontraast for perforniancce and coni- Lw i tk m i,f We Co Srrti::km C oritra t, airranL c for it ennt ni, w he rrepaned for execution 7y ,lie On ner" -land the contra air ,elected "Ali the Owner's e'einrorrzaacc. to be secured kh perlormaiice and pay nicni binds exec'_!ted by of tishlied may ecluiv,tlent m Me homes fnsocd on the CranstructIn Canna. and pas' to the O"ner the amount 'A' daarna yes as described rn Pumgrl h 6 in execs, ol't`i F3adar: e o: the C'onlract Trite incurred by theC3ssner Ie<ultintr from the colitntaor's dcfauh.. or ».4, 4b"ao e it, right tea perforate and conailoo arrange liar completion. or sib grin ,::ICS, contra trFr;ut ? ssit €a reasonable pronaptn: is under the circumstances: I Afie'r ins csi gaation. determ€ne the nn ant for m hick it mm he lmhle £o the On nee and, w won as pmoucable ,:ate r the alnwont it deterralme:d, terlde.r pest mean theraor iii the On tier: or 2. €stay f. bility in whole cif- in part and notify' the On ner raining re.mms then "efor. c, We Sure'} dries not proses l as provided in P ;-r, graph -1 with re:E4oil- :I 4 promptness, Be S:irety shall be deemed to he in default on this F3crrid fifteen dal%" after receipt c'f an ddi ;Tonal yvr :nary notice from Be On ner w :he Surety demandbg Am the Surety pertorrn its ohli,gatkIn< tinder this Iliad. and the D "er .MH he entitled to enforce any remedy as <,ikible to the On'ner. if tile Surety proceCds as rirovided in Subpma gmph 4,1. and the On ner refuses the payment tendered or the Surety has denied liability, in whole or in pari, n ithmn further notice the C} ""ner Will he entitled to enforce any rcriiedy available to the On ner, fi.:bfter the tJu nsr has terli3iticited the CC>rltras fur', riche ua complete ll.c Construction Comma. and if the Surer} cOm s W ac umler 5u;ztscir'trg mph -4.1, 1.2, c.3r -) -.? ab,)s"e, thin the respon�itsi(itie; of the Stirei:' in thr t,)u'neF" Shall AM be grema than now of Be CEintr: mo"nder Me C.onstrut:taon Convan. and the reCpondbihtke's of We On-rim to the Buren' Shill: rat he greater Man those of the Owner Itnder the Construction Contract. To the limit 4W am Hint of this Bond, `slut subject to c c,mmA em n the On Her of the Buhrice of the Comma Price to niitiaati.in of costs atrrd d:(mnes on the Construction Coiwract. the Surety i4 obligated s.inout duplication tor: 6. f . 'In resporisi.Yilitic scif the C:ontmctor for t t?rrection , f ticl-e tic'e wmk anti completion of the Cia;tstrw fiat, C;omract; 6.2. AWkiral legal, design rinlessional and delay coot: rasa €tint ham be Contmcwt's Default, and resulting from the actinrts (if- failure to ',ia cif the Stkrety under llariagraiph -t: anti 6. 3, I_iquitiated daiiiages. or if tit; ligiridated dama&es are sped "eel in the Construction Contract. act. a,iot all dwnaces causes] by delayed perforntaance or non- per'ornutnce cif the Contractor. A The Surety ; }talll not be HER tole ( :)u ner air other,.Si +i cal tieaFtici.an of be Contractor But are t:nrela :red to the Con>•truai, -n C:tnatiact, and the Balanee o f t he,. Contract Price shall not he ralflned or to K on accoaml of any such unt "shared ob iatitions. No I ght of action !.hull accrue. 4,n tints Bond toainy pervon sir emity o1 r than the C.lslmi—tir its t"£c'uw, c'let;ntoA, £kdrli liti erralltFrS, hl''^Uctvtsolr. 8, The Surety" hereby uaises notice of .any change. incfudim .hi: i:_c< Of time, to the t.on trtiCth" Comma or to rrWed ntibci;mrni`, part• aw order`` and other obligor ono. 9. Any proceeding legal or eau €tablo under this Bmd mq hi ;a4Tmed in any cow( of compearn jcui,dfzotion in the hicuiion in nW& the Wk or part of the wx3k is locamd and shalt be: institint'd n iBin two year ±after C'antractor Ddhufl or within to o yews after" the Gintraactor ceased a ork- hy or wAh€n two year' after the Surety refuse= or fail, to perforrit its obligations under this Huns'. syhicftaver occurs first. If the pros isioi3e of IStS P, r:F -,raph irrL' L "C,iti ll" prG €3lbite +.l by '::site. flit: Riiriin3 tiny (ae t "tied £?i mitation available to wreties as a dMnw in the jw4selictieitt tit Me wit shall he applicable. In. Note e to Be Surety. .the On ner or the CoriLracto: shall he mai'.cd sir delivered to the adelre,s,hnun on the Signature page. 11. When AN Bcind bas hwn fiarWwd in comply nth a statmor, car utllcr legal retiun'emcm 4 Me kis ation a here be coast rIctwn ma W be performed, Cary provision in tliis Bood conflicting with s.6d :,t :du`.ory or Rgal r, equirt anent shall be demo d de feted herefrOm talc€ pros'isions Qon- formlg to such statutory or either €egad reWdamou `bath be eddied €ncorporated herein. The invent A that this Bond shall be construed w a statmnry band and not n a common has° bond_ 1_'. Definitions, 12, I . Balance of the Contract Price: The total anion fit poi; ahle lay the Owner to Elie Contractor under the Construction Comma ;after alf proper adjustments lime been marls. kndmNig Ohnance to the Contractor of any amounts received or to be received h: the On ner in wulement tit insurunce m other chitin for &m- ages to which IN t'oritmmir is eietftleia. reduced by A t'and rind proper pa4ritems made to or oil be'lialf of (he C ontraci :Fr under the Con"ouctiorl Conti act, €2.2. Construction Contract: Ile agr"nient bal een the Onner and the Contractor identified on the sit_nature paec, including a=ll Cmitr.ia Documcnt4 and e.haiiiws Woo. W. Contractor I ?efaault: Failure of the Contractor, which flan neither beer) remedied near "wised. to perform or otherwise to damply" u"ith She terms awe Construction C•aratract. I2.1. 0 vncr Default: Failure of the Owner. which has neither been remedied not- u<tived. it) pay the Contr.ctor as required by the Construction Contract or to perform and complete or corliply" ush the either terms thereof. This Bond is executed pursuant to Fiorida Statutes Section 255.05 or Section 715.23, whichever is applicable, and is subject, to the nor ice Band time lilrflt.ation pra�cisj.t�ns. _ __,',, - ........_.... __,......_._..._..._..__..._... __....... _ ............_._ ........... ... ...._....................._.__. _ ...__..... tFOR INFORMATION ON LY— Naine, Address and Telephone) AGENT or €:?li4` ?KKR: ONTH NEWS REPRESENTATIVE (Architect, Engineer ilr tither part:'): SFRN, Inc. 1201 Belvedere Road 'nest Palle Beach L 331» 00610 -2 u BOND NO. 3373347 EXECUTED IN 4 COUNTERPARTS Any singular reference to Contractor, Surety, Owner or other party shall be considered plural cohere applicable. CONTRACTOR (Name and Address): . Q.G.S. DEVELOPMENT, INC. 17502 COUNTY ROAD 672 LITHIA, FL 33547 (813) 634 -3326 OWNER (Name and Address): Village of North Palm Beach 501 U.S. Highway 1 North Palm Beach, FL 33408 (561) 841 -3360 SURETY (Name and Principal Place of Business): GREAT AMERICAN INSURANCE COMPANY 580 WALNUT STREET CINCINNATI, OH 45202 (513) 369 -5000 CONSTRUCTI N CONTRACT Date: X/ ,x/06 Amount: $3,800,778.00 Description (Name and Location): Golf Course Restoration 951 U.S. HIGHWAY 1, NORTH PALM BEACH, FL 33408 BOND Date (Not earlier-than Construction Contract Date): ,110 Amount: $3,800,778.00 Modifications to this Bond Form: NONE a t % C�NTRACTOR'AS PRINCIPAL SURETY Company: Q.G,S. DEVELOPMENT, INC. (Corp. seal) 17 Compan Signature: Sign"'., Name and' Title: Q Name and �SS� V i G� �C eS, d 2 ✓�.f CONTRACTOR AS PRINCIPAL SURETY Company: (Corp. Seal) Company: Signature: N/A Name and Title: ",'l„ (core. Seal, APRIL L. LIVELY, ATTORNEYaIN -FACT & FLORIDA LICENSED RESIDENT 'AGENTt' INQUIRIES: (407) 834 -0022 Signature: N/A Name and Title: (Corp. Seal) EJCDC No. 191.0 -29A (1984 Edition) Prepared through the joint efforts of The Surety Association of America, Engineers' Join[ Contract Documents Committee, The Associated General Contractors of America, and the American Institute of Architects. 1. The Contractor and the Surety, jointly and severally, bind themselves, their heirs. executors, adminiq. tators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to par- ticipate in conferences as provided in Subparagraph 3, 1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: IA. . The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below, that the Owner is considering declaring a Contractor Default and has requested and attempted, to arrange a conference with the Contractor and the Surety to be held not later than fifteen clays after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner. the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Con- tract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default: and 3.2. The Owner has declared a Contractor Default and formally ter- minated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as pro- vided in Subparagraph 3.1: and 13. The Owner has agreed to pay die Balance of the Contract Price to the Surety in accordance with the terms of the Constriction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. when the Owner has satisfied the conditions ofPara,raph 3. the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the Contractor. ),with consent of the Owner, to perform and complete the Construction Contract; or 4.2, Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3. Obtain bids or negotiated proposals frown qualified contractors acceptable to the Owner for a contract for performance and com- pletion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to -be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued oti the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default: or 4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner; or 2. Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reason= able promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor`s right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or4.3 above, then the responsibilities of the Surety to the Owner shall nor be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond. but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2. Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4: and 6.3. Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non - performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change. including changes of time, to the Construction Contract or to related subcontracts, purchase orders -and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased work- ing or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be'mail.ed or delivered to the address shown on the signature page. I1. When, this Bond has been furnished to comply with a statutory or other legal requirement. in the location where die construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con - forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12.1. Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for dam- ages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2. Construction Contract: The agreement between the Owner and the Contractor 'identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of the Contractor, which hasneither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. This Bond is executed pursuant to Florida Statutes Section 255.05 or Section 713.23, whichever is applicable, and is subject to the a,v E-1 � _: CtIa%J t- J.tttC i t III J_ L. Ct 4111 i 1 IJLVV1,-j10n,9. (FOR INFORMATION ONLY- -Name, Address and Telephone) AGENT or BROKEN: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): GUIGNARD COMPANY S FRN r Inc. NICKLAUS DESIGN, INC. 1904 BOOTHE CIRCLE 1ja0I Belvedere Road 11780 U.S. HIGHWAY ONE, #500 LONGWOOD ° FL 32750 T NORTH PALM BEACH, FL 33 408 _ . _ _ _ ttlltlL y 1 �$ Construction Payment Bond 00620 -1 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of l3LP;irC5S): OWN F*R (Name and Address): V.i 11. Fj ai e of N7 u r t h Pa 1m B 1? a c h 501 U.S. Highway I %'C'r1U'h palm Beach, FT, 33408 CONSTRUCTION CONTRACT Date: Amount: Description (Narric and Location): Golf Coilz-se Restorati.on BOND Date (Not earlier than Construction Contract Date): Amount- W.)difications to this Bond Form: CONTRACTOR AS PRINCIPAL SURETY Company: . (Corp. Seal) Company: Sivnuttjre; z7 Name and Title: CONTRACTOR AS PRINCIPAL Company: (Corp, Seal) Signature: Name and Title: EJCDC No. 1910-28B (1984 Edition) Signature: .................. Name and Title: SURETY Company: Signature:._...... Name and Title: (Corp. Seal) (Corp. Seal) Prepared through the joint effari, of the Surety Aswciadon of America, Engince"' Joint Conti-act Document,, Committee. The Associated G.ne;al Contractors of Arneri.a, American Institute of Architects, American Subcontractor,, As,,ociation, and the Associated Specialty Contraclor&. 00620-1 L The Cont raclorand the Surety, jointly and severally, bind themselves. and to satisfy claims. if any, under any Construction Performance Bond, their heirs, e:secuton atdministrators, suc•cessors, andassignstotheOwner By the Contractor furnishing and the Ov ner accepting thi= Bond, Ehet to pay for labor. materials and equipment furnished for use in the perfor- agree that all funds earned by the C`ontracior in the r,erformunce of' the mince of the Construction Contract, which is incorporated herein by Construction Contract are dedicated to satisfy obligations of the Con - reference. tractor and the Surety under this Bond, subject to the Owner's priority 2- titiith respect in tine Owner, this obligation sh<ll1 he null and void if the to use the funds for the completion of the work. Contractor: 4. The Surely shall not be liable to the Owner. Ctaainlants or others for _2.1. Promptly makes patyinent. directly or indirectly. for all sums title obligations of the Contractor that are unrelated to the C'on ;truction Con - Clairnants, and tract. The Owner shall not be liable for payment of any cots or expense, 12. De- fends, indemnifies and holds harmless the Owner from all claims- of any Chtimant under this Bond. and shtill have under this Bond no demands, liens or suits by any person of entity who furnished obligations to make payments to, give notices on behalf of, or otherwise labor, materials or equipment for use in the perfbrrnance of the have obhtations to Claimants under this Bond. Construction Contract. provided the Owner has promptly notified iP. The Surety hereby waives notice of anv cttanee. includin; changes of the Contractor and the Surety tat the address described in Para_ time. to the Construction Contract or to related suhcomr-act., purchase graph 12) of any claims. demands. hens or suits and tendered orders anti other obligations, defense of such claim, demand,- liens or suits to the Contractor isnil tl e Surety. and pT'o4lded there is (tC7 (Yoga Default. l I. N�05nit Or action sllill be CoIttT ncet l it larm3nt UCCCr this Bond other than in acourt of competent Jurisdiction in the locrinon In which the With respect to Claimants. this obheauon ,half be milt and void if the stork or part of the stork ii Iodated or after the e \pintlion of one year Contractor prompts_; makes payment. directly t >r indirectly . for all sums frorn the date i l T on which the Claimant Late the notice required by due. Subparagraph -l.l or Clause 4.2 riii). or (2) oil which the last labor or -1- "fhe Surety shall hate no obligation to Claaime nts under this Bond tmtil: service was performed by anyone or the last materials or equiprrient were 4. 1. Claimants who are employed by or flare a direct contract with furnished by anyone under the Construction Contract, whichever of t I i the Contractor hate given notice €r) the Surety tart The address or(2)tirstoccurs. Ifthe provisions ofthis Paragraph ;.tie void Jf pIobibitcd de�criticd in Paragraph I'_'i and Sent a t;t.,py, or notice thereof. to b} lairs, the itn[UfilUtn period t,f Ittnli.tliort .ltallal?le Io 'xUretrC', atS a delense the Owner, stating that a claim is being made under this Bond in the juriuliction of the suit shall he appticahle. ant], with substantial accuracy, the amount of the claim. 11 Notice to the Surely, the Oa ner or- the Contractor shall he mailed or 4.2. Claimant,, who do not have a direct contract with the Contractor: delivered ill the address shown on the signature page. Actual receipt of t. Have furnished written notice to the Contractor and sent a notice by Surety, the otriter or the Contractor. however accomplished, copy, or notice thereof, to the Owner. within 90 days after shall be sufficient compliance is of the date received at the address shots n having last performed labororlastfurni5hed materials orequip - on tile signature page. nfeill includes{ in the Claim slating..with Substantial accuracy, the amount of the claim and the name of the party to tthoil' 13. When this Bond has been furnished to comply with a SLatutory or the materials ttefe or ;upp,ied or for whom the labor other legal requirement in rife location t +'litre the construction was to be was dine or performed: and med: anti performed. any provision in this tiond conflicting ti ith said ,tatinory or '. Have either received a rejection in ttltote or in part from site legal requirement shall be cleaned deleted herefrom and provision, con- Contractor. or not received within 30 days of fururahing the forming to such >lannory or other legal requirement ;hall be deemed ubove notice any communication from the Contractor by u (rich incorporated herein. The intent is. that this Bond shall be construed as a the Contractor h.?, indicated the claim will be paid directly or statutory bond and asst as <t common lair' banet. indirectly; and 14. Upon request by any person or entity appearing, to tic 1, potential 3, Not haying been paid within site above 34 drys, hate tent a beneficiary of this Frond, the Contractor shall promptly furnish a copy (it' written ntsticc to file Surety iai the address described in Para- this Bond or shall permit a copy to be made. graph 1 2l and sent a copy, or notice thereof, to the Owner, 15- DEFINITIONS sIn ting that a claim isbeine made under this Bond and enclosing 15.1. Claimant-, An individual or entity having a direct comrlct with a copy" of the previous carmen notice furnished to the Con- the Contractor or with a subcontractor of the Contractor to tractor, furnish labor. materials or equipment for use in the performance 5. if a notice required by Paragraph 4 is given by the Own£f €o the ofthcCuntract.T heimentofth- rs Bond shall betoincludewithout Contractor or to the Surety, that is sufficient compliance. limitation in the terms "labor, materials or equipm-m" that part Fi, When the C[aimant has satisfied the conditions of Paragraph 4, the of water. gas. power, light, heat, oil, gasoline. telephune syrvicc Surety shall promptly and lit the Surety's cvpense take the following or rental equipment used in the Construction Contract. architec- actions: tural and engineering services required for pertorntancr of the ti.l . Send in answer to the Claimant. with a copy to the r, within work ofthe Contractor and the Conlr: actor's subcon(rnoors. ;arid 45 day's after receipt of the claim. stating the amounts that are Cams. all other" items for which a mechanic's lien may he asscrt£d In undisputed and tite basis for chadicnging any amounts slit ?t re tote jurisdictit,n ""here the 1:tbe,r. malterials or equipment were disputed. furnisflecf. fs,2- Pay or arrange ror pa;.rnent ortany- undisputed amounts. 15.2. Construction Contract: The agpectnent between the 0%vncr and 7. The Sul ty' s total obligation shall [lot exceed the amount of this Bond. the Ct>ntrartor identified on the signauirc pace, including all Contract Documents anal changes thereto. and the anwunt of this Bond shall be credited for ;.any payments made in I �.3, Owner Default: failure of the Owner, which has neither been Jod faith by the Surety. remedied nor waive(. to pay the Contractor as required I,) the g. Amount,, owed by the Owner to tide Contractor under the Construction Construction Contract Jr to perform and complete or comply Contract shall be used for the performance of the Construction Contract with the other terms thereof, Note 1: As :fin additional requirement any claimant, except a laborcr, who is not ill PrIV.1 - -y with the Contractor shall, Wjt}3117 fr�riy- 1i days, e after be,,,J,nninr.3 to fUr-flish, labor, materials or >>uPP1iO3, furrl.ish the Contractor with a Notice that he intends to .took to the Bond l:or t)roro Lion. I'hlS Bond is executed pUCSL!arlt to Florida Statutes Section 255.05 or Section 71.3.23, whichever is aj.,)piicable, and i:, subject to the notice and time limitation provisions. (FOR INFORIMATION ONLY— Narne, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect. Engineer or other party): SFRN, Inc. 1201 F3el;redere Road, Wrest Palm Beach, FL 334J t;nl,t ;20 -;> BOND NO. 3373347 EXECUTED IN 4 COUNTERPARTS Any s- ingular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Frame and Principal Place of Business): Q.G.S. DEVELOPMENT, INC. GREAT AMERICAN INSURANCE COMPANY 17502 COUNTY ROAD 672 580 WALNUT STREET LITHIA, FL 33547 CINCINNATI, OH 45202 (813) 634 -3326 (513) 369 -5000 , OWNER (Name and Address): Village of North 501 U.S_ Highway North Palm Beach, (561) 841 -3360 Palm Beach 1 FL 3.3408 CONSTRUCTION CONTRACT Date: y / /.?lU 5� Amount: $3,800,778.00 Description (Name and Location) Golf Course Restoration 951 U.S. HIGHWAY 1, NORTH PALM BEACH, FL 33408 BOND Date (Not earlier than Construction Contract Date): /�p� Amount: $3,800,778.00 l! / Modifications to this Bond Form: THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN A2CO�t ANCE WITH THE NOTICE AND TIME " ,�LIMITATION'PROVISIONS IN SECTION 255.05(2), FLORIDA STATUTES. COV 17,RACTOR.�S PRINCIPAL SURET \Cotnp'any: Q.G.S. DE LOPMENT, INC. (Corp. Seal) Com ny: Signature: Sig a re: Name and Title; Na 1 , 4nti� �r MppS `o ✓�S' A54. q 1 ee. fc,.s zdre CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) Signature: N/A Name and Title: SURETY Company: PEA C tie: APRIL L. LIVELY,''ATTORNEY -IN -FACT & FLORIDA LICENSED RESIDENT „AGENfi`i` ' INQUIRIES: (407) 834-0022--t Signature: Name and Title: N/A (Corp. Seal) EJCDC No. 1910 -28B (1984 Edition) Prepared through the joint efforts of the Surety Association of America. Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. 00620 -1 L The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract,, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1. Promptly" makes payment, directly or indirectly, for all sums due Claimants, and 12. Defends, indemnifies and hold's harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract. provided the Owner has promptly notified the Contractor and the Surety (at the address described. in Para- graph t2) of any claims, demands, liens or suits and tendered defense of such claims. demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to- the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with the Contractor: I. Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials orequip- ment included in the claim stating, with substantial accuracy. the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 2. Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid. directly or indirectly; and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety (ar, the address described in Para- graph 12) and sent a copy, or notice thereof, to the Owner, stating "that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Con- tractor. S. If a notice "required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6,1. Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract Note 1: As an additional requirement a and to satisfv claims-, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Con- tractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner. Claimants or others for obligations of the Contractor that are unrelated to the Construction Con- tract. The Owner shall not be liable for payment of any costs or expenses of anv Claimant under this Bond. and shall have under this Bond no obligations to make payments to. give notices on behalf of, or otherwise have obligations to Claimants under this Bond. I0. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11, No suit or action shall be commenced by a Claimant under this Bond otherthan ina court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (iii), or (2) on which the last labor or service was performed by anyone or the last materials orequipment "were furnished by anyone under the Construction Contract, whichever of (1) or(2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12. Notice to the Surety, the Owner or the Contractor shall' be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor. however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is. that this Bond shalt be construed as a statutory bond and not as a common law bond, 14. Upon .request by any person or entity appearing to be a potential beneficiary of this Bond. the Contractor shall promptly furnish a copy of this -Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1, Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor. materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, ,power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architec- tural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 153. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. ny claimant, except a laborer, who is not in privity with the Contractor shall, within forty - five days after beginning, to furnish labor, materials or supplies, furnish the Contractor with a Notice that he intends to look to the Bond for protection. This Bond is executed pursuant to Florida Statutes Section 255.05 or Section 713.23, whichever is applicable, and is subject to the notice and time limitation provisions. (FOR INFORMATION ONZY —Name, Address and" Tele hone} NICKLAUS DESIGN, INC., 11780 U.S. HIGHWAY ONE P #500, NORTH PALM BEACH, FL 33408 (561) 227-031)( AGENT or BROKER: OWNER'S REPRESENTA'T'IVE (Architect, Er gineer or other party): GUIGNARD COMPANY SFRN , Inc. 1904 BOOTHE CIRCLE 1201 Belvedere Road, West Palm Beach, FL LONGWOOD, FL 32750 (467) 834 0022 slozsu ja -oa) • GREAT'AMERICAN INSURANCE COMPANY® Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513- 369 -5000 • FAX 513 - 723 -2740 The number of persons authorized by this power of attorney is not more than NINE No. 0 17901 POWER OF ATTORNEY KNOW ALL MEN BY 'THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney - in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Limit of Power J.W. GUIGNARD APRIL L. LIVELY ALL OF ALL BRYCE R. GUIGNARD KATIE N. BIRD LONGWOOD, FLORIDA UNLIMITED PAUL J. CIAMBRIELLO MARGIE MORRIS M. GARY FRANCIS BRETT RAGLAND JENNIFER L. MCCARTA This Power of Attorney revokes all previous powers issued in behalf of the attorney(s) -in -fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 17TH day of MAY , 2004 Attest GREAT AMERICAN INSURANCE COMPANY �. Assistant See retan Divisional Senior Vice President STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KiTCHUV (513 -412 -4602) On this 17TH day of MAY, 2004 , before me personally appeared DAVID C. KITCHIN, tome known. being duly sworn. deposes and says that he resides in Cincinnati, Ohio. that he is the Divisional Senior Vice President of the Bond Division of Great American Insurance Company. the Company described in and which executed the above instrument: that he knows the seal of the said Company, that the seal affixed to the said instrument is such corporate seal: that it was so affixed by authority of his office under the By -Laws of said Company. and that he signed his name thereto by like authority. KAREN L. BERRY NOTARY PUBLIC, STATE OF OHIO My Commission Expires 02 -16 -09 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March 1, 1993. RESOLVED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or any one of them, be and hereby is authorized, from tune to time, to appoint one or more Attorneys-in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof,- to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and anv Secretary or Assistant Secretary of the Company nnay be afi.red by facsimile to any power of attorney or certificate of either given for the execution of anv bond, undertaking, contract or suretvship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Companv, to be valid and binding upon the Company with the same force and effect as though manually axed. • CERTIFICATION �+ "I,' RONALD C. HAYES. Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the Resolution' of the, Board of Directors of March I. 1993 have not been revoked and are now in full force and effect. Sumed� and sealed this j day of / IIW ��%` Assistant Serretan S1029U (4 -04) GUIGNARD COMPANY April 13, 2006 Village of North Palm Beach 501 U.S. Highway 1 North Palm Beach, FL 33408 -4901 Re: Authority to Date Bonds and Powers of Attorney Principal: Q.G.S. Development, Inc. Bond No.: 3373347 Project: Golf Course Restoration Dear Sir or Madam: S U R E T Y B O N I D S Please be advised that as Surety on the above referenced bond, executed on,, your behalf for this project, we hereby authorize you to date the bonds and the powers of attorney concurrent with the date of the contract agreement. Once dated, please send a copy of the dated bonds to our office. BeK-regds, great AnAerWn suraoq Company 1 ,�19t)yyr7llft,, �,.A*orneyv Oy ��`' +� l.} f' ti �.., An Fac t and Florida'Licensed Agent ,,,��1 jl X111)1 I i 1111►1111�*�, 1904 BOOTHE CIRCLE • LONGWOOD, FL 32750 PH (407) 834 -0022 / (888) 220 -3780 • FAX (407) 260 -1767 / (888) 220 -3228 • www.guignardcompany.com PROJECT: Village of North Palm Beach Golf Course Restoration PROJECT NO. 03045.20 00501 OPINION OF ATTORNEY This is to certify that I have examined the attached Contract Documents, that after such examination I am of the opinion that the Agreement and Performance and Payment Bond are in due and proper form. A�OVZWAiill /Attorney f Owne a� This the /day of '20—. OPINION OF ATTORNEY 00501 -1 General Conditions 00700 . . .......... ....... .. . ......... . This doebrinent has in-toortant legal conseque rice s: consultation %vi(h an attorney is cricourzit-geel viith resr.)ect 1.0 its cof-TIPICLion, or modificmion. - — — -- - --- - -------- 055,/02/36 00700 GC- 21. STANDARD I NDITIONS Cy'-ENTERAL C() OFIME CONSTRUICTION CONTRA, Cr F Prepared by E-ngi cers' Joint Contract Documents Conarnittee and. Issued and PLI101iShed jointly By ELM" rI* � S4 - �Irq IC AN 0 OF f Givl \V E t IN r 17 L 'NG!' EE RS 'N..JJRIVAI'- PRACTICE;: A Pr,'te rice division of th! e NATIONAL. SOCIE-FY 011" PROEESSIONAL ENGHNEIJEIRS M ERICAN CONSULTING ENNGINEI,,,AS COUNCI AMERICAN SOCILETY OF CIVILENNGINEETERS : I U I , .71 CONSIRUCTION SPTSCIFICATICI'�NS INS111-1 "'.-P This document has been approwcod and endorsed by "Fhe Associated Ge.nerni Con ntrac-tors Of A-f-21er`ka qt cl F.>AT 7oh, L.] od Thcsti Cient val C nd[Ljorls have bccrf pj-, .puree . for use with the Ov,,ner-CoritracLar Agrec. file nts- (No. 191 0-8-A- I or 1910-8-A-2, 1993) editions). 'Their provisions are interrelated and a change in one may rit t.S usage ar-c conu I-ncid in the CorTimlentary n _�SSj(� n concerniviv their' _FS. Conji -t Do orl t`,gf-c�--nrienits f*,r Engift--ring Services anci Contra( cumcncs, NO. 1910-9, 1981 echiioji. For C?��idance in the prep: of Sljppl - �enla,' V tI,,- ?,)il SLIPPIt.- 1� - 'efT' nwritary Conditiorls fNo. 1910-17, 19s") --(ricion). When i's irivolvcd, (fie Standard Form of Instructions to Bidders (No, 1910-12, 19831 --diltion) rnay be used. CVI 0 7 0) 0 - II �Ic, mo-•R (1983 Edttioa) ,'a�iit:.t -?~• 1 %-- :bl(SCuI_LF1:�II ?.C?t.IS Ciubig i\'nrr'ce: I Al. f'" renev£r any provision of the Contract Docu- ments requires the giving of wriwn notice, it w li be deemed to have been validly ,riven if delivered in person to the indi- vidual ear to a member of the [fern or to an officer of the corporation for wham h is intended, or if 'doliv'ued at or sent by mgiswmd or certi.i=ied nail, postage prepaid, to the 1-ast business address known to [fie Over of the notice. %t77771Dt1IfIfl n iii We: 1122. "men any Period of drn, is referred to in the Coniravl I7,,cunients by days, itMH be computed to ext lode the f=irst and include he hest day of stf ^h p "iod. K the last fitly of any SIICh period t; -'ifs on a Saturday or Sunday or an a day mad:: a legal holiday by be 141w of this applicable j tlf4Si:ht;-trt ssuc €i t-u,; wrJl be orr;itted from the eori-iputa- tron. 1112. A catenz ar day of twenly4bur haws memumd from fi:l C?Ight to the next n adnight shah constiNte a day% Getter;tl: 1 ;f. . ShOUld 0'W"4F R cr CONTRACTOR suf-fer injury ,r damap to person or property because vFany error, orr& sion or act of Be ogler party ar of ariy (?f ilie other pr !'t? y employees or agents or others .for ,:vhose acts the other party A 490Y liable, [:hint -il; be made in writing to the Guise par t withia a reasonable: tinte of ?lie firs; observance a su. h injury or damage. The provNions of Th pamgmph 1Q s d not be construe i as a substitute for or a waiver of the pro- visions of any applicable statute of limitations or repose. ITC The dwies end Obligations imposed by these Den. era! Conditions and the rights and remedies av allable -'hem - under to the parties hcmto: and, in particular but lvithout mitation, me ti Flrr<antl s, gurantees and Cbiigations i Vowd upon CONTRACTOR by paragraphs 6.30, L3 -1, 13. 12 13. H, X3 and 15.2 and all of the rights and rc,rnedies availabte t:a OWNER and ENt; [i`: E ER there ands, ue in addition to, and are not to be construed in any way as a limitation of, any rights and remedies avaihble to _try cn- all of there: which ;ar« other "vise impose'.[ or available bY ]_a:vS Or RegldWions, by special .v-a'ranty or guarantee or by wh'. r provkjans of K" CJniraCt Docume,ntS, and We Provisions of ON pamgUni will be as effective aes W repeated sWc•iticAy in We Comr,.;_t Documents in connection with each particular dwy, obliga- tion, right rand remedy to which I iey apply All pros -cm.a [ions, : arranti,es and 6?tlariantees niade in the Contrtact .Lai ?c - Uments %01 survive final payrnew and termimdon or corm pietitin of the Agreement, 33 00700-33 T 121:Qt Vj;I I ci ' )janlr, ititc r, tic) r, a I I 0 07 0 0 —3 2 clairns, disputes and o5crinia(icts it,, question het�4eer7 '_qtr and C0NT&'AC-rC)R arking nut of. or rclnting cumems or the breach thcrcor C, ..... '�c' Lo (except for wh h have, been waked by At matting or ncc of firia as provided by paragmph IUM .1 >ill he decidle(i by a,' inivicri its accordance whh At Corp ,siruction Industry AAAH ' 6" Rubs of the American Ar',_%i- Iratiort ASSOCiatioll the -, I'N I 1I i I - -,,Ij cc,. to the limitaiiorls ri o"',, ' '-' s 0 of this article 16 This ag. el"ent so to arbitrate and any other agreement or consent to ar'- ~ate enicred, into in accor- d aiwahcm-ith as provided K INS A tiale 16 Will be s"df- 2iiing an ,:�illy enrorccaoic under Oric, �jl In � Or '!coun havhg juris6iction. W2. Nodemand Kr arbiumAn army clMn JAPUM Of ngpr-� other aiaItv ZMI is requir,�,.d to, be reIrred to W C it kally for decision in accordal-ice with paragrapIh II ' C 'v " ": be nladC until the ?arlitr in) ; he date o o! n hENGMER" has mridered a decision Or (b) the ketiv day amr the partirs n. ,ve pi-cst- f a x. i C P. .nmd thci.- evidence to ENGIN"EER i ' -iL , decision has rim bmn rm&md by ENGINEER befom jV/1 dam, No demand or awitratkin of wV snh chirn, I um "'Irly a .11 dc or over maucr YAH be made later Umn thy days icr the dam an whkh ENGINEER has rendered a wrin A decisho in respect ,hereof if, accOrL-1211-cc �X�ikll Par-191-33 11; and the FAW W demand arbitration: mYlYn said Afty days` poled s.-jail result it-, ENGINEER 's recision b ; �g AM arld bViAng upon 01,YINER and CONTRAC'I'OR ENGINEER renders a decision aler arbOmAin pmccuMn" hw� bwn inkiaw" such decrision may be emeredas viderimbutmMi tot suposede Irie arbit-mior, proccedmL, as where the dedsion is acotpy,tji3Je to flic parries ancerned. No demand for ardius ,ion of air wrinen A vision of ENGINEER rendered in accordarice with pl-, agraph 9. 10 will be made later than ten days zi h I such demand his delivered ,!WE M writ- ten ic Or jj,,cntjor itj appeal as proyidcd in paragraph 9 i .1 on f y4nice of the demand for arbitration wiTl be ANd in nmg w4h Me ober pa, y to he Agmemeni and wah the *(SeQ TSC-16 of the Supplementary Conditions) Amtricpn Arbura-tion Assot ,iali(in. and a'-OPY ENGWEER for Off.Ir-mation. The demandl fora t lbitraiio -ill F pc ied in ot gnjidc within the thing -day or tcri-d-ay period ' -1 paragraph IC2 as ap plkalylo "d K 01 Other "sy wkhm a 7 reasomble time aft- IfIc claim, dLMUM Or of r rrnatitr in c qunuon has arisen, and in no event Shall al/l,slulch demand, be made after the dam when insthu,,io.n /n jcgi,! or equi(abte, - .1 t . _.,e or over mautr in pm"cdhgs based on such cla,iin. dis question would be baued by Inle n"Plicabit statute of limi- tations. No arb, ' bratsion '4e�'�inr o'kil of Or I clatiriz to the Con- ima Documents shall �.Jdu'dw by cmlsalicladom joinder or in pers Tiny other m 7 any wlicr r on or entity (incljding ENGNEER, iicents. employees or consul- Cants) who isA, 18 party uo this contract units�:,: I q64.1. the u,sWjon of stuch ozkr person or rrilby is if of jpltte rc!jcj' is to bt afiordt.,.d ..r : :on, thoS,- ,�,,ho arc already juirtics to the arbivation, 16A2 smh wher person or entity 1 mbstamitally "d in a qu"Eln of Kw or fact wh0h G common to -biu - h .50 am already p2r%ti-s to 11,1c au ration and whic wild ar 4 in such procctlfin[,�5, 'and the rit-,en -conscritorst over person ocentity NIt ' I sought Lt, I`)C Inc '�Ici! Zrici of OVY'NER. and CON :''RA OR ',,as 'o=n d '('.)r Such inclusion, which Consent T shall maie sp—n.- to this po.ragrzph: but no such consent Shan commu n cmserit to wbAmAn of any st i dispMe not specihcally desm led in such cans n. or to, -j —Hy iocnGed in such TOM ion with any pa- ni y' not spi conscrit. ICE The ward rendcred by W are iumo MH be And, 41(ij-'r"Itnt may ht-c cni,_-red u^on it in an, 'ictJon thereof, and w not be subjec! - V; C' "peal except to the extent permatud by Sec.l.ions P) of the FtdcralAabivadon Acs (9LAS.C. H10JI), A, I (The remakder of As pap sms MR Wank intentionaH• 00700-31 �includin2. b'j( nor [ir tcf U 'fi I C n f Co. fnilure to suppiy C in -'arkers or Kmbld fajiWre to adhere to Be pragMSS Sc htdult -_-smoikhed tmdtr paragmph 13 as re Ked tam Me to d= if CONTRACTOR dism gar vis Laws w Re gm jacions {,F any pLibtic bodiy hml(lng 111, 1 CONTRACTOR ASIMM Be lUO06Y of ENGINEER: ov if CONTRACTOR othemie vkku m any way any provisions of the Contract Doc- menu: OWNER amn after' ving CONTRACTOR Paned Te Sumly, tf B,, ,I, , strAmn nalce and 10 the extent . be ont) s permhEed by Lam wd RePh6mv. Ummam - O*NTRe-.CTO"'R. 2xf,-.!ijce CON-FR ACTOR croon me. 'Sif", of Ck P!,-�'TRAC` CDR , s and cake possession 0,f �ht: ani-1 Oral" C;" consrucAn equipmenc and machinery at ;;,g? mid u1Z 5,11-1-fe �,a 'he� full ext�,.n-" didy zo'. tk; be usi-di t, CONTRACTOR AS n by CONTUC _)I� trespass or con versionh incorporate in :hc Wor�K--dl h"'_ and c"ipM"E 510rtC! -M �'hl- I)it Or for pAd CONTRACTOR but %Aich am stored Anw9m. .' 'ji x.,)ed _ni, in _su,:ii he gork is OWNER my tiff' t shalt not bQ endt1to, to re:eille au Am% taycrierl( 'Until I;Vork 4 firfished. if the 11110"d of (h, Conuact Qce exceeds Secirect, jridirev atid fa 15 C'U .rt. +i costs of ,,,Wting we Woo ti cWdog but aOE H&yd to fees and char,ges oferigim=v arc hhumAUDU net's and wher professhnal:s and court and Mrndon COSU) � R L , s ch such excess wFil be paid to CC)N4T RA ,) C`^ ', :1 exceed such Unpaid baIancn CONTRACTOR SAH P-y !he 0 N difTz!r:ncc to OWNEMM'i ccstS "V, be approved as to reasonac%"s by ENSNEER uM 7m-,ated 1P. a change Ordler. but when a" jrMmedit,P, und�-rt-7,js nubtrovIlmd to obtairi ''.-"C N-M PAe Cor rhe Work P"bark? 15,3• VVIerc CONTRACT OP" S Sdt'"C"s hZ '✓e "iden So mrMated by CAVIA& me wrmination 011 na aflict an., ri3OCS or -C- -S: CO3NTRACTOR Olen agaii existing or- which 1-nay (hertafter accnje. Any retention or pay_ -yne, 1_0r, by O'N"NE3, wi I 11enr , of mj ys du& CONTPAC1 not rucase. CONTR4ACTOR from liabiii(Y, jnon SeV!`1 Ciays, wriuerl 1106(- to C,01N`,PAC- ISA I . TOR_ and E and OWNEIR, tray, .4,ichouc causs" , eo wahout prejudice to any 00di r-igh(Or rerredy, et abLln- don (he Work ar14 farilinate he. Agzrtt.me-run in amh case. ct) ,,T,R 1,CTOR sil4ali be pAd for aH Wcwk euc).:md and any -n-w- rennhadon expensen which wffl include. but not lbt liniked to, direct. innirtc, :1nd Cori- sequcni.ia! COS(.5 inckiding,jut no, 10, re S and of ..ngint:fcS. a-hitects, attmriv.tys "and, and court mid arbitration coM Stop Wopk or_,Fer�reuwte: 0.5, if. Brough 00 act of fau-11 or "CON", dnc: %Vock. is susu ld;!d F,�( , I i C „twit ijwv M s vy OWNERv un&r M MUM= X Ole" Pk tll'r <!ijtnofril-y. r Payment or ENG!NE'EP, fa�ls, cc) act 'in `1117 ") , " � V f -a - - - Wn toy des Mer it is iubmitled' o,, O � IN, tatin clays to clay '0' „1TR.A C'T aw! SUM fp ily dt-(Cr - h 0, �e C rj tit. TR,-%COR T inay. upon !even days'wriatn nocii:� to (.1jQV'1,[E.R and ENGINEER,.wMAme tilC pqre"wril Md •cover Yom OWNER p"mery Rw all c,,tcutedl and a, e qnse 1=00 ,alt S ma s”' ' MrAnation txpt�,nscs. Iii aiddi(ion and in lieu ,)( terrininaciris the Piretlieno 1 ENGBEEP, ha f`ailed To act on 31 cadon for Payment or OWNER has APIN M nuke any pa, TC - u P ei! dl -� ' may on sf , Yf Merit IIS mn Be Wor' wSmi nodca to CWINER and ENCINEER m. I A ,ufilil pay.,nenc of A amo�!jvs then due. The provisions of :0, un&r pr 'n .vi(n the pr., and wichum delay Mag diSPLIMS Wkh OWNER, Q j1hS Q Q hjppjqTje!j,_�r•y IV6 "Oe JIK6 of tM wpowenta" COJAMM he remainder Of this page was NR Mc WyMNAM MCM 0 0 7 0 0 2 C, Otherwise, ENGINEER -ill return the Applicadonio COW TIU CTO,Q_ indicating in wridng the Masons ror rt-6jsing. to rccon-u-nelld :final pikymerr, 41 which can CONTRACTOR. shall make the necessary COITCHOnS and resubrnit,-.he Appli- cation. T'hirt• days after ortsen(ation to OWNER of "he Application arid accoqjparying documentation, in appropri- ate torn and 5u hs tance, a" with ENGINET mwmm=- oation and by ENGMEER wall become due and QU be paid by 0AVER to CONTRACTOR. plethon of the Work is significantly del3ycd and -1 Ni: ER contimm, OWNER s"U, upon r"M Of COV I final Applicadon Q joymew and r=onrlmen chdon of EEG FNEER. and w4hou, -,crmiflotin? thte Ag,-e- tnc;ic, fnaki: F.ayffIC171( or :hll- bat, due for to porlim of 6-4f- Work- Cully compiefe'di and batane cu be hod by OWNER Ar WON n NHYC017110eled Jr is less than the recaKage suplawd .Cl the Agmv ma" and 1 So .:s Me b"n haniAed as requitti in par, graph 11, Ke wrium c0mk�nt S`.!r'(Y to the Payrnenc that pot ton of the Work My con, ,liance (iL!e to, plemd and accepai=d AaH be subsked by CONTRACTOR to ENGOTER wi[hthe s%pplicauofl (ov ljch PaYOW11, Such payment shall be madic under (he teens and conTrions gow emmg 6=1 p"mant, CXCepL that it shat nor 'constitute a waiyea. of ciaims. cofarrc,rorjs Con"iruing obbarl'on'. [4.15. CONTRAC'7DOR'S obHgadon to pedban and COM- ple, It 'Nock in wirli une Contract Docuanef,is ,hyl be absyll., itticner I -. ,4 -tcomm _,ndkm"h my PrOg"! o{ nal Payl-nent bv (he jss�uance of a rjo( Tkate of Scuszandrd compledom nor any payment. sy OWNER to Documeau, nct, any s,?Ee or occupancy o0he %Vwk or any pan thereof by ONVNE,R, nor ijny ac, :,(' ac: epmut by OWTER nor any ny revie�,v iriJ aPprov'al Of a Shop .ai!jjrt to dSi). no o s Dmwing or varnpic SAMNSiOn nor the Awance M no&: -3facc,-pcabi[,'ty by ENG"I.-NER pmMaw to Paragraph 14" 13' nor any cat ecfjon of a,ej"ecr,;ve Woclk by 0';TV:NE;R Will co('- 361.'U:e an acceptance of no( in accordance With We antracc Documents or a reteasi of CONTRACTOR's obii- gacion to PCrro, m the Work ill axcordn.cc: t •ich (die Con(•cc Docrtrfltras as provided in paragraph it 15), Wat""2r of C"e, " , it 16. The miakino, _,nd ac-.tpLance of 14,nJa p?vfrenE cmswut`: a waiver of all cWms by OWNER agairls, except cWms a&kg Tom urwmAd 'L.itfri,s, from defet'ffve Work aPPe211119 ftel nal in5P"c- Wn punuam C0 W900 w j orharn AfWretocorrmt w4h we Commm Ewcurnents or K. ,-rs of any speck! guarantees speciNed Keran: ho-ever, if will not cons? (ute, a -aiver by OW,"41611 Of any HAS in rcsP<:c' _•e CONTRAC-FOR'S concirluing obliatiOnS under the Con- u-,jc t 1� o c u rn e n t s ; and d 144.2. a waiy f all dais by CONTRACTOR a�nainst OWNER amn than to" pMAMAY mht A YW- g ing and scil.1 unse-I'led. UTICLE IT-SUSPE151014 OF WORK AND T E, RUM 1 N AT c. 0 ; Owifer May Sa":Pefuy Wor"::: ill. OWNER mal at acY 'itneand ia,Outcad '- SUS- pend the Work or any portiOn the reafAr a period at not rnor-c C )NTR 'CTORand than ninety days by notice in .vritirigto ( -A ENGINEER tivhdch will Ax the- ratc On which Wonk, ',vill bt- ce '1700TOR shall resume the Work an the dn, �sL!rncd. CON so bed, CON, rRACTOR Shall be -1110tved an illcc-as-.- in the ContmccPrice or an ofhe C0n(r,'ctTifT1t, or both, directly wls"'wNe to any if makes In approved claim thtc or as if-, Al-i,-Ies 11 and Q Owner jway Tere-vinafe: M! UPWI the Occuil-f!"Ice Or ar"', Ont more U, . "Ojowing events: under any chapter of t;. Ba;nkr_dccy Code (Tidc' H. Unified States Code), as new or ";Cre2frer in 01' if CON- 'CR.AC', 70R U!kcs MY elbWtm "Har at "'g a pAtion or oamr-Nise under any Nher He& cir SMU 4W in CM at SUCh dMC 056Y W the bal"MMY Or intiolv-'ricy; 15M T a pet don is niled :g2insl CON'11FR_'-k1C-'1'QR under any Chapter Of 'h: Barlkriptcy Codid a-S now i?r sling, 0 f p i6o h�4-eai(cr Of`rlli� r i a -, n -i5 la z r, 5 sut:! jv., crit cr similar r!t!i,2r'2g Med Swkir, .1 eqL COi` j-rp ,,CTC,p nder any o (h e r z e .'t r-, I I or i (a in C "fe c x a( tile: dune re'! a ng 'C a n,,ru p, c y or i n s N v e n c y n ak es'a ge t i -n rNaU001"t ior the bane tar credhorn 1114, if a unwee, mcdver, curodian or agent of C01 j-7,,� A.C-r _ , OR is appoirlmd under applicaNe is or unde; contract , , whose appoifitmem or auvoriq Co cue zhug�' 0,,, ply"Sy of CONTRACTOR 1 for clie purpose Of worcing a Lien Mainst such property or for Uht PU�-.Pc-e or :arc adrninis,47vior; of 5!jc-- 1.1ropeny Or the UnK o MN1"R�4,CTO f DR's =•j mn; 112j. if CONTP.ACTQR ad,"nis in w6tingan inabil- hy to my its debts gwe-SHY as (heY'bLc0rn` d' the 'Work ill accortancs,' wiJh, the Conu'3ck DocUr-snts 00700-29 NPBCWCI) merut or wWch OWNER, ENGUNEER and CON TRAC- TOR agree cofuAwtes a separately functioning and useable pan of the ,Park that can be used by OWNER whhom sk nifiCL1r.,L interference with CONTRACT OR's Performance of the remainder of the 'Mal, may be acconiplihed prior to Completion of all the Work snkWct to the follow- i4A0.l. OWNER at any tirne. flay request CO.N'- TRACTOR in wd&g W pemh OWNER to use mly sxh ,an or we Wmk which OWNER believes to be ready for its Amended use and substantially COMM. If CON' TRACTOR agees, CONTRACTOR will cet-dfy w OWNER and ENGINEER AM salid pan of be Work A OlAmwWAlY complete and request ENGINEER W Aran a mmifi-te Of Skjf)F,all(jat Con1p[eEiOQ for that pan of the Work. CON- TRACTOR at any time my nodfy OWNER and ENGI- NEER 5 wpi&g that CONTRACTOR comWers any such paji of the 'Mork ready ror its imtoded use `uXI si.0,)sLa I n. tially conipo,,e a,,,cj requent ENG [NEER to issu e a coul- icace or Substantial I.Completion for that part of the work. Witttil,l a n t[neafterei th,.-f such rtquesl, OWNER. ("ONTRACTOR an , ENGINETHR shall make an inspecl 1 -� of 11' - ViOrk to determine its status Of ,jon of that pai 4t completion. IFE14G NEE R d"s na con Vider AM pw of M Work- to be substamiatty complete, ENGINEER ,way OWNER and CONTRACTaR in writing diving the aumn Merchn NENGINEER cony&rs that part of the Work to th's'. provisions Of Para. MA no 119 will apply with, respect to certification (A'Substnindl Completion of we put &to Work acid be tit vivion of responsibility in mspect thereof ail;-! accen Thereto. [,!AO,2, ONTNER May at 'AWY tiluc "N"est t:•.. ?`+ TRACYOR in -H In EO P12!-Frlit OWNER to tat:'_ 0"" ;)perziticul Of I r!h no! fly such 7a,-t of tj,j,� Wcuk althong it is s6•witially complete. A, copy of such request will be to ENG[NEER and within a reasonable time th,:re- af(er OWNER, CONTRACTOR and IEN(31NEER 0011 I,,,- ake an inspection of that part of the Work m dam-mWe its gaam or cmupietion and will prepare a hist of QC items mumkhng to be cmINted or convcted thereon befrue final pa,pnem, If CONTRACTOR does not c;b;Ya in writ - ing Lo OWNER and ENG(2,iEER that such pan of dw Work h not ready for sauan operation by OWNER ENGINEER M111nalize the liSEDfitems W Eye completed c or ;ea , e, d find will deliver such list to OW1,1E.Rand C0N,1,R,;kCT0R together with a vvrit'--n. recONIMendation as to the division o(responsibtlities, pefldini,, final Payment between OWNER and CONTRACTOR with respect LO SeCLIKEY. OPCTWOrl, safety, Aj Up ance, warranties and guarantees f,)(- thatpan of the Work which will become binding upon OWNER and CON TRACTOR at the &w %Afen QWNER takes over such Operation (unless they shalt have- otherwise avreed ill',Vvil� inglInt-i so informed ENG lNEER). During such operation tial Cornpietion of such Pal-, Of the and prior to S UbS(aM Wxk, OWNER shall allow` CONTRACTOR easonabic Or c, -- access -,0 conlPote of_�cc ktems on s5d i4t and to ofhtf- �e!auid V,'ori, IC 10.3. NO o(;cupancy or separate opemthn Of PM Of the Ixork will beaccornplished prior to compliance With the requirements of paragraph 115 in respect of properly insurance. Final InVectiOn: 14,11; Upon wri t i e nnoLice fl-0,11 C0 NT RACTOR ;hat the entire Work or agmtd potton themof Q complow, ENGF NEED: vdU Me a Hn-,,tt inspection with OMN'E., and ('01'?'- TRACTOR and will in westing Of all particulars in which this inspection revea.li tat the 'Work is incon.1plete defecrive, CONTRACTOR shalt immediate!y take such measures as are necessary to renitdy such defi- colcks. FMal Appl&Qun A PaYmlent: 141 112. rter Co At llas comocted ail sum "r. rections to to 5myQcuion of ENGINEER and dell end ail maintenance and Operating instrucdons, schedWes, guar -An- tees, Bonds, of docunlents •s provicod 4 par<q,,raph 6. 19) and other i jc,,.'!,'- tne• —gill ass rz(VAire'd by lhc.t Comrnc, Documents, and 'fte!' ENGINEER has KdVated aiat dw Ww"K A acccpmble 'Sub- jeer 10 the provisions of paratu-aph 114A C), CON'.FRACTOR may make application Aw Rwi PhYmmt FOOMM9 be Pm- cedfjre for pl-ogress paymmm The final Application for Pay- filent shall be acc-onipani---d by all documc-itatio-ri,called for K the c3onti--aa Do(;Uafents, together with complete, avid !e�-Dy to OWN ERld nil L&M &Mg; out of or Hied in connection Kh the Work. In &u Temd as as approved by OWNIE-R, C0N"['R.AC'F(*)R ,my narlsh rcempts or relases in full: an arRdavit c9 " - CON - i R A`L 0 R that rbe tleaseS arld reCeif,fS include all lnbCr, services, malwhal and equipment for which vi Lien could K Rod, and bat all payrolls, material art(! equipfriellf, Other Wdebtednas zonnec[Ni wit the Viol for %0fich OWNER or OWNEK's pmynY mjht in any way be respon- sibic have been pAd Or ol.11aXiS" Sags it a,"d consent of me surt;ty, if any, to Hnal payme.'nt. if any Subcomm',;[Or Or Supplier R ,,,ijs to f,,jrrfjsri a releme or receipt in fuH. CON TRACTOF may furnish a Bond or Other colla(crall E01Y to OWNIER to indernIfy OWNER against mY 1wen. See va-ri. SC 114. 12 of tae. Supp1eMcv,1m--7' Conditiams Final Payvnent anti Acce.planc,,.: !-IA3. jQ an 5c basis of ENOINEER's Of the "York durin?, corlstrumion and final inspection., and -1 t L ENGINEER'S rV/ic%v Of the FIrlai APPlicM'oll for pay" - and mmompanying clocumentali re 0 by the 0fl—ail as re q` Contract Documcilts. IENIGINEEERjs satisfed that be VVM!-: has been conplete"11 and CONTRACTOR4 other ONYWorls, urj(,,er the Comma Dowmems have ban AMUN, ENO! NEE R avid. within tell days after receipt of we Val Appli- cation for Payment, indicate in Nricing ENGINEER! M- off-unandation of payment and present the Application to OWNER fcir payment. Thereupon ENGINEER wH1 We written notice to OWNER and C 0 NITRACTOR that the Work A accWmble sQkN to We PrOAKOns Of Pang" 1405- 00700-28 rr presentation 6y ENGINEER to t?ll'NER.laased an EN( 1• NEE R's ort -site observations of the ltiork in pro,rr. , , an expedent:cd and qualified design professional and on ENGK NEE:,R's revie%v of the Application for Payment and the accompanying data and schedules that the Work has pro - ,gressed to the point indicated; that, to the best of ENGI- NE;ER's knowledge, information anil b,CkCf, the quality ?f (he Work is in accordance with the Contract Documents {St31 )ject to in e- valuation of the Sirwk as a. Nnabrh171g whole prior !n or uanra `subsmritiat Completion, to the results of any subsequefi( test, called for in the Contract Documents, to a final determination of qua unities anti cimmificadons for Unit mice Vhxk under paragraph 9.10. ii.nd to any other quaHT cations stated in the reconlmeridation), and that CONTRAC- TOR is %.miffed to pa yinent of We ariYowit recommended. flo-wever by recoinaw dirig tarty such payment menit ENG NEE:R `.afill not thereby be Sank to have represented that exhaus• ,j'vt- ol` C:G)ntfnuous orb S ic: hnspecdons have been made to check the quality or this quantity of the 'Wok beyond the respattsibitide spe ifi:cailly assigned to I,NGITIEEER in Ow t=c }ntma Domments or tat Acre amy nrat be other mstters or Asms between the parties that nA ht entitle C ONTP..A.C:- TOR to be paid additionally by OWNER or O','Y!N`IER io ,vithhold payrnent to CON'] RACT01.'y. =1. i'`lGSEER's recomrr:er:dmOn of heal payment %ill cor.;;itt t.c. an ad(iitionc�l reprennydon by ENCHNEER to OWNER thtac the conditions prccedcnt to COI'`TRAC- l GIRO behg entitled to Anal payment asset forth to pan graph i «, 13 ham hen full }ltt'd. 14.7. ENGINEER may refugs to recornmcncl the whole t7r any part of any imY at m if, in L' N(—JIN.)r.E^i > i >p!Mon, it would be wcouecC to make s wYmpre:sentation5 to OWNER. ENGINEER E,l R may al` -eta refuse a mcomrne:nd 'stn -y such pay - frient, or, because of subsequemly discover d e %Wmwe or me maim of sub <equent Aspet.thons of tests, rulllfyany such paymem previously mcommnanded, to stt-�: fi extent as may be ne ess a , t NEE R4 donion to protect OWNER from loss because: =r . the si,-`ork is de/ecrive, or cornpUcd Work has been damaged requiring correction or replace- rient, l'i...-., ow Comma PAc has been reduced by 1't?ri, ten r' me-ridnient or =,hats ee Order, IN , . OWNER has been rtNuhed to comect c1Qn— live' %work or _ompiete Work hn accon'la ricc with paragraph It 14, or III! of f NGN+„E n $ actual know gds ±e Of t tat occur ence of any of the events emm.erated in patragranhs 15,14_j i threugh 1..2.9 inclusive. OWNER may r'c use to make: payment of the Putt amount cc4,trnien: NEE-R becausc claims have been m °ide ti,s fairest OWN ER on account of CON'FRACTOIt's pc, - forn,ance or fu nishing of the Work or Liens have been HIS in connection with the Work or there are other items entitling OWNER to z set -off against Me amount rf�c4`�rrlrllendcw. but OINN'Ei? must give COlti-rRAC TrOR immediate written notice (with a copy to ENG[NEE4?) stating the reasons for su`_h action, Sul,st[tn:iai Contplelitan: 14.$. When C,'ONT —,, %C *F(-)R considers the entire Work ready for its imended we CONTRACTOR shall n My OWNER =end i'N {:iINE.ER in writing that the entire "Vcvk is submwititill y complete oxcept or items specifically Usted by CONTRACTOR as incompletcj and request that EN01- NtE:ER issue a certificate of Substantial Compledon. Wilin reasonable time thereafter, OWNER, CONTRACTOR and, ENGINEER shall make an in- petition of the Work to deter. mine the stsaus of contptetion. if ENGEN,IEER 6)e:s not con - 5iderthe Wor "•t sutastantiaily ciarnpletc, E..NG IF EsR will notit ! CONTRACTOR in writing giving the reasons there Cor. :, ENGINEER considers IN Work subs. <am011y tchrrhyhw, ENGINEER wM prepare :nd deliver to O'NNc:R a tentative certificate d Substambi Completion which shall !ix we date of SKsti Nat C.omplviari. 'M em shalt be miached to the ce&Rc:atc a tentative fast of items to be completed or cor• rested laefore sh payment. OWNER s`: l have wven days after recApt of the temat:ive certificate during which to aza written Qech n to ENGAEE :R m to any proAkon :af the ce:rtificn(e or au.ached list. If, after Considering Stich h rc tions, ENGINE JER chan,JUdW that Se Work is not subs ..r:- ti =ally complete, ENGINEER %wilt within fourtecn days ,: "tcr .subudssion of the tentative certificate to Otis NI ER nw ^ -y CONTRACTOR in %with y stt Ag the reawns tl;t::refor ti. after consideration of C3`~4`NER's sari vtions, consisiers the Work :;ubstar.tiailly coral Ict+ .ENGINEE:R wRI +,O&& said .foumeri days execute ant' deliver to OWNER and CONTRACTOR a definitive cer hficate of Subst^ i! a. Completion ovhh a revs red wntbadve list of items tta be com- pieted car corrected) re5 .sting such changes from the terimli` e certificate as ENGI-Ni ER believes justified after conswir. ation c Nniy objt :cdons from C1'+x +: ER. Ai the, t me of cent of tiae *en :ati. e eerti :cicuteof•,� n rb n taal Completion ]~.N( :,l- NEEaR wiH aliverto OWNER and CONTR,�C 1 "OR ; itien recorrurienda ion as to division of re- sponsibilities pending, final .payment bet,,veen OWNER and CONTRACTOR Nvith respect to security, operation, safety, maintenance. 1e ,t. utilities, insurance and - tvarranties. Unless OWNER and ( ON'I'.i2.ta.CsTOR. agree othe,^.vise in writing and so into < :m ENGINEER prior to EN+`G NtEERO issuing the tfefinidve ce.rtihcaf`a..of substantial Completion, ENGI HER's Mom S id recomrnr.ndation will be binding on OWNER anei C ON- 'CRACTOR until fi al payfnent. 140. OWNER shall have the rQht to exclude CON TRACTOR from the Work after the date of Substantial Corn - pletion, but OWN E R sh aH allow CONTRACTOR masomWe access to compie.te orcorrec items on the tentative list. Parrf -ul (Ydlizi don.• to o. E.tse by OIVNER of any tinfshed part of the Ark. which has spe riically been idemni ed in the COMM Doct.- 0 Ci 00 -27 V "PBC1D to n"wERv enow, or nd dounin b) ENGINEER as to masonaMeness and to indude but not oc Mited to itch and charges oferigineers. architt_,cit;. attor- neys and, other profr-ssionais!. tfarvy suzlh, acceptance occur-, prior to, ENGINEER's mcornmendmion of final payment, a. Change Ch-der' 111 be Qued inco.q)ort-iting We n"congrew sAns & We Conuma ,Documents Vkh rinpew to We 'York: and OWNER M be emhled to an appropriate decrease in we cormzn PH", and, if The panies are qmwe W agree as to ate amount thcreof OWNER amy rnatk? a claim ti-Iertfor as in Anicly 11. If the aczei.Aanct ai'tcr Such recommendation. an. appi-opriw afriount will lb,� paid ',by CO',',!TRAC'F0R to O`,VNEF,',- Maz , Corr'<�C,' Defe,.-live !iVork,' it i �i. H CONTRACTOR Fads w0l a masonaWle timi, a r v,,viiten notict, orENGINEER to Ismiseed to conw and to cornet dey'ective '�N`ork, Dir to mmove and replace rejected 1,Vork as icq,dred!' b,,., ENCANEEIRZ, in acanduce wkh para. graph 1111, mif CONNTRACTOR f�iills to ptrform the Wof.l in arxordance, With the, Contract Documewq or W COM TRACTOR hUs to comoy with any other provision of the Comma Dommerm. OWNER may. aker seven days' VU& ten notice tc, COINTR ,'SC'I"OR. corr,,,cr. and any sul- , h d k ficicm.cy. In the right's and mmedlits seller bus pa-ragraph OWNER shah jpcoceed exptditini.sly. To the extent ntcessatj to complen cormcNve and remedial a.. hn, OWNER ala )INTRAC7 - all orp in of the site, tale " - y cxcjud C, C1, I pussusion of all or part of the 'Work, suid sus"nd CON'. TRACTOR's scrvfces related thereto, take possession or (,'C)NT.RAC'I'OR's tc:iols, apptiani..cs, corismuction equipment and omMmy at the site: and jncoiTorate in thm, Work, aill rimetuls and': ui1 >ment swred at die sheorforwhM tDI'VINLE11 hm paid CONTRACTOR bat x0ich am swred AwMer, CONTRACTOR Mail allo%i/ OWN.F.F_ OWNER! ropmn, cmivev agums arid SUCh. azuess to the site as may be ne"Surry to enake OWNER to exorcise vie right, and inernedWs un&r dins •a•gmph. An diem, iii kev and can- sequentiai costs (it' OWNER in exercising such Hghts and remedes MH be cha rggedagajnsl CONTRACTOR in an amount approved as to reasonabileness by ENGINEER, arid a Change Oder will be issued incorToratirig the newessay mArr for s in the Contra c( Docunnews with nasi)e.c, to the Work; and U`NNER' shall 'oe entitled to an appropni ate diccrease: in trie Comma PH", arid. If the pu5s am unNe to agv: as to me amoum themof. OWNIER-tray ri.,rake a claim therefor as prc,,,i-ded in :article 11. Such dkown Idimet and conseque, ,jA cost,.-, include but not be limited to tees and chirps of, engine--n-'s. arc hint c.ts, anorneyc n and other processionals. an cour;, and arbitration costs and all cosu or repair and mplacenvmt of work of obers destroyed or daniayd by c; t,cstion, minoval or replammum of CONTRACTOR! d-j'ecrive 'Work, CONTRACTOR shrill not be allowed -an exiclision of kh,� (.*:Or,. tract 11,mc because of any delay in per. Qnnanc: ofthe Work attributable to ihewerche by OWNER of OWNER3 righs Ad r"Mes hchunder ARTICLE lz_...- -P.,�, 2 NTS 1'' Ct,",M PL ET IC) N Schudide of Vaiues: i4, 1. The schedWe of vs euANded as pmvMed in pamgmph M will serve ai the bLtsi-s for progress poYmems and M be incoporated into a pl-)rm o1 Application for fltiy- ment io ENC`l'N!_'ER pr("Llr Nt On avount of link Me Wt. k "Ill be hwed on M mrnbey of umi� completed. Payment: 14.2- At lettst twenty days before each progreis PaYrnertt is saedukd Am not more often ihan one, a rnonih), CON- TRACTOR shill Nubmit to ENGINEER AA"eview an Appli- cation ('or- Payrncw, tilled out and sipricdlby CONITRACTOR coveirin ' a the Wark completed as of the date if the Apo lation attd Onlp.,Injed by SLIC.o $10pporting doculnentatio'n as is recludedby We Comma Documents. Upayinent isretfueve' on the ',basis oF materials and equomcm not inewpizinad in the Work but dc!ivcrc-d and suitably storfd a, the site or at another location agreed to in wricing, the Anplia',iiori for Payment sMA Aso be amomparkind by a bill of sAn inwice or her facumemation warraming that OWNER hits received we mawnws aw ts"Qmem free and clear of alt)icrs , chargi S, security inter-c-sts and encumWances (whM are herdnaftv in these General Conditioms referied to ,L1.,,ns1') and evWence tat the materials and equipment. are coveved by Mpropdae propeny Misumnize and over arrangements to prote,_t OWNER's interest ffiercki:all of which %vill b!? $at- isfacnory to OWNER. The amount of rewinv.gU wiai respect to progress paymenu will be as stipulated in the A.grt:etnen , *(See SQ14.2 of the Supp1eraentary CoLictitiom CONTRACTOR's VVarranty qf'Titlp., ICI CONTRACTOR ww=ms and 9—ronwes OW to all Work, mawrWis and eqWpmem co" red by cation Ra Paymm; wheMer heoMorand in the PrWect or no!, wi!l pass to OVVN'ER ,, la?xr i!ian Ih c of payfne;lr: Nee and Max of all Liens. 1? e vie w of Apylicvtio ns for Proi res,s Pvym ent; ICT ENGINEER MA, within ten days alt er reccipt A each A13MMAn Ar Fayrrient, either indicate in writing a ro,ornmendalion of paynient and presew the Application to OWNER, in rourn Be Application to t::ON TITRACTOR irti- Citing in ,vriting ENGINE' R's reasons for rpat"using to rec- orrim"d payment. In the latter case, CONTRACT-sOR mny' maic We necessary corrections I-ind resubmil, the then. Ten days after presentation of the Application For Pay- meM Midi ENGINEEIVs recommenda6on, the amount rec- amin"C'Ided will QuWM"o be provimmis or am him Wnwine d pwmgmph 143) borne due and 'when due vAll be paid by OWNER to CONTRACTOR. 1 141. ENGINEER's remmmendation or any PaDmnl requitstcd in'an Appilat-ion for Paytimm will constilutc z' 00700-26 be responsible hr PnO sMP r aH costs in connexion with any inspection or testing required in connection with OWN'- ERA or ENGINEER's acceptance of Supplierof trunerials or equipment proposed to be incorporated K Me Wok,or of awerkh or eqUiP171CM submit Wd for ZP7)r'0ValprjOr W COM TRACTOR! purchase thereof for incorporation in the Work, The cost oNIJ inspecdons, tests and approvals in addition to the ,ibovc which are required by be Comma Documents MwU be pMd by OWNER WKem otherwise specified), 132 AH ii specdons, wats o"pprow[s athv %n Awe regAmd by Inws or Regda&ms of any puWk body h"irig .jurisdiction shall be pubmied by organizations accepmble to OWNER and COTURACTOR (or by ENGINEER if so spedfied) . . I I& If any Work {including the work of clers) Vt is to be hs"cmd, tested or approved is covered without Kitten concan,ence of ENGYNEER, R awsn if requested by ENGF NEE, be mcovered for observation. Such uncovering shall be at CONTRACTOR's enpewe unloss CONTRACTOR hews Yyn ENG"EER Gimly notice a CONTR,kCTOR`s Ve, tion to cover the saint and has not acted with .reasonable promptness in response to such notice, 132 Neither obscrvatioris by ENGINEER nor inspec- tinns, tests ter approvals by others shall relieve CONTIU�C- "FUR f'Turn CON'ERA(.'TOR's of'Aibations to perionn the Work jr, accordance with the Contract. Documents. UummriAg Wark: !r arty' Was Nememd conuary woe Lila tenmquest of ENGNEER. it mast, if by ENUINEET be, uno"md Ar ENGINEER4 observation and replaced at CON1"RACTOR's expense. 13.9. or test by others, CONTRACTOR, at ENGTEEWs nc,q rest, shall uncover, expose or othaw-ise make avabble for ob, servation, insp),-cdon or tating as ENGINEER may ruquim, that portion of We Wo& in q=Vion, :furnishing all occessar-y labor, rmiteirinl and eclApmem. Hit is fund that smh Work A dQuaNC CIONTRAC',"OR shall bear all {aired, indirect and consequential costs of such ummeNg, expo- sure, observadon, inspection and teMi-rigmid of satisiactory reconstr-uction, (including but not limited w fees and charges oC nce engi ,, _rs. architects, attorneys and other professionals), imcl OWNER s be encided to an appropriate decrease in Me Contract P6ce, and, if the pat-ties are unable to agree as i e ,o thearnount. therec)f, army make a clairn therefor as pro Yde d in AnAe I K IL howzver, such Work is not found to be dt�/'ective, CONTRACTOR sMH be allowed an increase in Te Cmunia Price or an extension or we Contract Time, or MO. directly aur-iRtabhe to such uncoved, exposury c,b,se-,vation, in,',pecdon, testing and reconstmcion; and. I vc puw5 are unable io agree as to Te annant or extort Qemof, C,,.',),NTRAC'F0'.R rm-,y ;'nakc „ c!.-.zitn intrc,.or zts aro- vided in Articles 1 1 12, Own,,rMt�yStop the VVork: 11M IF We WON is ddinK, W CONTRACTOR Nils w supply sufficient skjAd WoOwS or or equipment, or fads to furnish or perform wt Work in such a way CIVIC the COnIPICted 'Mork will conform to tiro Contract Doctmiemv OWNER may order CONTR_,%CTOR to stop the Work, w a" portion bareck until the cause for such order hm been dirnhared; hov-,evi!T, this right of-OWINER to_)stol) dre Work shaU not give 4e to arry duty on the part Of GOWN ER to exercise TO dght for the benefit of CON "FRACTOR or zrny other party, Correction or Removal of Defective 3,1ork.- 1 1 1 1 . If reqWred by ENO MEE& C0NTRMTI`DP_shz.-1J promptly, as dimael cither co rest all dO.cdve Work. whether or not fabric-med, installed or completed, cn, if, the Wort hu been rqjcted by ENGINIVER; remove it from 'the site and mplace K with nondefecfive Work. CONTRACTOR shall bear A direct. Wdirecland consewn6al coSts of such correction or removal (Mducling but not hahmd to Fees and charges of enghwers, architects, auorneys and other prof-es- sii-,)rials) made necessary thereby. One Year Correction Period: 1111 If w4hin chit y"r alTer CA dam of Sagwnial Comphdon or sudi longer penod of time as friny be pre.- scrj!?e.d by La-v✓ s or Regulations or L"y tn.ie terms of any app:i- c*K s"66 pmniritce required by the Contract Docunients or by any specific provision of he Contract 'I ocuments, !iy Wwk is AuM uAhe &Qcfine, COYFRACTORshalt pro niptly, without cost o OWNER and in accor6rice with OWNEWs wduen instructions, ether corrmt such ddicave Work, or, if it has been rejected by OWNER, remove it frorn the siie and mpace h NAQ nw dtfective Work. If' C_'ONTRAC7T*,()R' does not prom pdyc o rin p, ly With the terms of such iristrucdwis, or in an emergemy wher ielay would cause serious rh;k of loss oi damage, OWNEIR romy have the dgj`�C!ive ';,/wk cm- recmd or the rejeVed Wort mmo"d and r"laced, and all indirect and cons_-qutndal costs of Such re"noval and replacement P Our not HAK to Oes and charges of (includin, engmeers, architects, attarneys and other proressiona!s) will be pMd by CONTRUCTOR. In Special circumstances where a paructior jam of equipment is !')faced in continuous service. before S 'ubs zartial Completion o f a ll the " N' , 11, orrecdon puld for Gm item amy star to ran fron an eaKer &Le if so pmvWcu in the Spe c,,fications or by Written Arrrer,,L�rnent, Acceptance of Defective I'Vork: 13,13. if, instead of requiring correction or reiTioval and re,plactmcrit, of de,"ective Work, OWNER (and, prior to ENGINEEFVs recornimendadon of 6nal Payment, 00 ENGINEER) pre'....,, to accept 4, GIN14ER may do TRACTOR sh.aH bow all d0w, indires and COMPIM01 00700-25 NTBCID adowances. Nt) demand for additional p;.A.y;r,.ent on accuum, of any thereof will bie valid. PHor to hall payment. an appropi-ime Chaye Grier wiH be issued as lecortunended by ENGNEER w m0w; auuW amounts due C%FFR.,AC'-I.'0.lZ on account of Work coverto by allowances, and the Conmct Pricc shall be ingly acljuvtd. Unit Price Work: 111.1. Where the Contract Docurrienn prole tbat aH or pa ti of be Work is to be Unit Price NVok. initially be Cwwaa PA.-, will -,,& detnned to inc!ude for all Unit Price Work an zu-nourt equal to the suin of the tsmbfish,-d unit plc as for each separately identified ;ter„ of Unicflrice 4-1ork fitries the c-stimawd quart hy of ewh item as AM cated 0 the Agmement, The cKnoved quandiks of heam of Unk Pica Work rus not pamnwed and am Wely the puTose of compmSian of Bids and demminNg nn initial Con—acc Price. Dewmiinaticn.1s of the nclawl quan- ,nies and Classificar.ioris of Unit Pric'L Work pe:formcd by COINTRAC'VOR v,,ill be made by ENGINEER 5 actor dance with Paragraph % 10, 11-92. Each ME price •HI be cleaned W include an a,mourn conddavd, by CC NTRACTOR. to be adcapuatt to overhead and profit foreach sep- aratel'y idcntlfled Item. 11.9,3-. 4 14 tnQ vc-inqn of the Supplealentary corldlitionS QSeen SC-Co.m fined Articles I?JI & 12 of AZ LE !T --.C: >:NGE OF CONTRACT TINM 12.1, 1-he Conti tact Thme may only be changed byaChange Order at a AmmWmcmc. Any claim for tin extension or shonening of the Cofar-acz Tiltu: shall be based on %vr,,ttf-n no r a I a Heiricred by Mc pa making Elie cl ji i Y he other ;tai =y and w ENGTLNt EIER pt p,y {brit in no event laterthan - - -- n- Elbe CCI,",AfT`,tUCe- 10,f Qlt� �i,villg 5 .hiircy 4!ays,, aitc , ri e Me clairri and suating the gcne.-,il nature of Me clabb Yfotice (of the -x[erit of the clann wichsupporzhg dam sod, be dc: v- tyrcd %vichin, .ix:y Iays after sw-h oecurrencc (CjnieAs.ENGII- NEER Yaws an adWdonW p0od of Eirne to asccrtal mom aczurao.", dal.a. in support o.-- the .:J;airnI and sod be accorn- pankd by Ac clOrnant's -dimn statement that be ad um- mcm chmed h be cn&e ax*wmenc to which the ektimant has reason to befbvc A 5 "hided as a result Ofthit OrCurTt"71: okmd w"mv AN dnims Or MjSMWnE MhWCOM MCC TMI shall be detem)i.ned by E>iG, IN"IE E-R in accordance "k,ith parn - i_ruph 9.11 i(MVNER and CONTRACTOR cannot Otherwise, ogre(.. No daim for an a,usunent in the Contract Dow viii be valid if not submined in accurdmee with the rcquhornews of KA paragraph 11 i. 12 ( o �f 1 .2- :he COn0a ct Time will, b,2 ev,�mded in an, a i, ur. ,..qual 10 time lost due to delays b,tyond the c,,amro.i of C Vii- n adc ber zfoc as providedl in par-, R-kCTOR 'if a c!a.im. is -t graph QL Such May,,- shall inciudt, but riot be limited co, acts or neglect by OWNER or ocfitrs perfonning vic.)rk as cornenlp1mcd b/ Article 7, or zo rtes, flocldls. !-abor dipmen epidemics. abnonnal vxeather conditions or act; uC G I,- d . 12a All We Urnits stated in the Contract Docc.,ni,.tnts, are of the 10"Ce ale Ageement. "he provisions of AN Aunricle 12 shall not exchWe recovery for damages Qdudijg but riot Jirni(e.d to fees and Charges of ngine ers. archile-'[s. mmm"s and 000 r prefessionals, and and 4rbitraliorl; qosts) for d-N v by AhPr I" 2' 4 " alt C 1 6 Lip Quditio "W"H � .2 wr Wined r t ic-1. W's , . l. & the Supplementary Conditions) AKrfCT-T,,,. AND TES"ISAND INSPECTIONS; CORK E11""INON1. RENIOVAL OR ACC'r.-I,-rFANC'-E 017 DEFE.CTIVE VVORR I �Yarraniy and Guar.-.,.ufee: I! K CONTRACTOR wnrwrlis and guarantees "a OWNER Wqd ENGNEER that A Wwk Will be in aco"r, Z uct wAh It'. Coninact.(_iexurnents and will not be Z. All de;�ecirhve- Work, ""ibeMer or n,)( in Place, n,zo.y jtjectcd, correct-ed or awepwd as prclvkled K this Arvide V-z- *Sen. 1SC-13. I of the Cond! Aceess to lVork-.- F12, ENGTNE-,',-,,'-R 7.,nd E"NGUNEE 's ater rymsenmNes o,,'OVv-N-ER-. ,esring and �,jv- and asAy MiNTSAC TOR dwil provide props r and conditions I-or such acccss. Tesis an-el 133, etTfe-As See UVIT3 of the Applementary Condi- Ill if Lawf; or Regu!adons 01 'any public bcdY `zavin-�t j5dKon. requke any Work tor pa .her-caD to speciEcall be im"yed. zesmd or appl'ov'-d. assume N11 raWmuibily therefor, pay all costs in connection ,.herewith and cumi.,01 ENGINEER .ne rc-quired ceit-ific'nie-s Of WspAdon, resting or iipproval. 4.70N--t'I1 ,7 00700-241 I LVAT -Me cot of udhidn. Rod and sanitar WHAS VIC the site. 1 WK Adillor expenses such as telegrams. lone distance telephone calls, telephone service at the site. expm,swge and similar petty cash items in connection %W& the woo, !EUX most of prerniurns for additional Donds and instwance required because of ch.anges in the Work arld pmmWms Ar propeny insurance cover-as ge 'oast in the litnim of At dedu&We arnmi-its established by 0VVi,4E-'.R in accordance with par-,-igraph 1% 11 J The term Cost of the Work shall not include any of the foliowing: I W. PayoU costs anti orC(.,'IN- TRACTOR's officers, executives. principals (of pa;-me,- ship and sob pmpherombpS general mangers. enj mem archincts, emirnams- anorneys. audhory accoun- uancs. pturchasing and contracting agenu, expeditors, umek1cpam. clerics and other personnel employed by CONTRACTOR whetAr at the She or in CONT'RLAC- TGRA p&kpk or atiranch office for gerverai adminisma- don of the Work and not specifically included in the agreed upon, scheduic of JoH classificadons referred to in para- graph 1 LC I or specMcaHy covered by pamgmph I L4V-- all of which are to be considwed adminismuive cous coverai by the CONT&NCTORI Fee. I. L5.2. - Expen.ses of CONTRA CTO R'S principal all(;' bmmh allus other than CONTRACTOR! office at At. inter:_-,,z cn C'ONTRACTiR'S caphaJ employed !"Or tit. and charges aLzainm C_ONTK-%CT0IR for delinqucrit paymems, I LTC Cast of premitoms for all Bonds and [o• all i.rrsul-arice or not C0IN'TRA(-_;`'O R is required Q the Cont;ract Documents to pu•hase anc maintain le carne fLxz-ePt for the cost of prer r, 4ituns covered by sul pamgmph 1 1 above). 1 k5j. Coma dut in the negligence of CONTROG TOR, any Subcontractor. or anyone dReWy or indirectly ernpioyS by my of Vern or for whose acm a" of them may be Hable. &cWdkg but wr Urnhed to. the com•cdon of deY t.live disposal of materids or eqWpmeric 1VTQHQy aMpled and mdlg gwd any dank to pmy eny, 1 WA, Omer ovullead or genti-A expense costs of �ny anus ~oast, of any kam not speci6cnHy and VAPHSAy WNW A paragraph 1 1 4, 11 .6. To CONTR,-,,C ,'OR's Fee ailo%vcd TOP for overhead an-di -,profit shall be de'e-nmried as fc)lkmi: 11 AJ - a amp ally acceptable fixed (et: or- if none z-,an be agmed upon. various portions of th:t Cov of Me Work: 1.6.2, 1, for costs iriculled ❑rider paragraphs 11,4, and 11.4.2? the CQN'PRrkCTOP's, 'Fee shall be flit sen percent: dw CONTRACTOR':s Fen shall bet--ve percent; andi if tt subconcrat t is or the basis of Cost of the 'Mori: Plus a Fee. Te maArriturn .allowable to CONTRAC"!Y,) R on accounE of ovedead and profit of all Subamtracion., shall be fifteen parce= I LITE no ke 54H be Payable on the bak oi costs kentized undcr paragraphs 11.4 4, 1 1A.5 and I LI 11,11A. the 21010", of credit to be allowed. by C&NT-F'_ACTOR to fo, any such change which results in a net decrease in cos; Lill 52 the Blount of the ac'u-211 net CleUeFsC 010 A deduction in CON'IRA�'__�'- TOR4 Fee by an zinnount equal To ten perc-rit of the not d'o'creas"... and HAW %QCn both additions and cradko; are WNW in any one chage, Me alusmient in CON'- -ic, — !s o',CTOR's Fcc shall bcconir�iu d or, t.l-e bi .i ner change in accordanc.e- wik paraWmphs 111.2.1 throogh I 1,6.2.4, inclusive, 11.7. 'Norlkis to be deter pur.suam to para-graph 1!A Or I submit in for-n acccptao L to E.NGINE-ER an cost breakdown together With supporting data. Cash Ailaweiners: 1131 It is to n d a r s -, o o d ii at C 0 INT C: -, ) R j! as i P, c I _jt , r (j 4 VC Cwwaa PrKe al' allwNmccs W ilanyd in le Cantrac, 14cumems and shall cause clot Work, so eoyereG jo ',,je done by such Subcomr-actors or Suppliers and for such stir n wHin the limit of the allowances as may be ilcc ptalble to NEEW WNTRACTOR allms W.- 1 1.+3.1. The Wwancws Nclude to cam W COW TRACTOR (Iesis any iippfical.,)te trade discounts) of lliace- mid equiprile nt rcquired lby the aUmvances :o bedeii v- emd W the sites, and at apWicable taxes; and 1141 CONTRINTOR3 cow for udoadirig and handthe on We sks labo .. insczfflazj(_)rj cn,t.s. ov,-rtjeac!. proHt and ooh cr expenses conterripUredIr the allowancw,' have been ANUded in !*.ht' Conmnc, Pricc and no( in tbc 00700-23 NFBCID By muruni accepmn,,:e of a lurnep suln (which may include: an allowance for overhead and profit no( ncc.-ssarily in accordance with paragraph I L61A), I QJ On the bush of the Cost of be Wor!< (decer- inined as provided in Isar gmphs I L4 and 111) plus a CONTR_�CTOR's Fee broverhead and profit. (de(-,r- mined is provided in paragraphs 711.6 and 11.7). Cost Of ;;r' e IYork: I 1. t. T,.i,-- term Cost of the 'Work measts be sum of all costs necessarily incurred and paid by CON` 14 ACTOR in the proper perSomianct of the 'work. Except as ache-r"Vkc may be agrod to in writing t)y 0*tVNFER, such costs shall be in arnourats no highAr than *,ho;e pre ailing' in lhze Locality of Cht Prtack Wail imclude only the ffoHoMng items and AM not indude any of be cams hernhed in paragmph I LT HAZ PayroH costs for erryphyees in we direct euiplqy of CONTR.ACTOR in the pert"Oralancc of the Work under 5rhrduics of job ciassific2zions agreed upon !;y OW" 1'E and CONTRACTOR. PayroH cosu for employes not employed NH time on the Work, shall be apportioned on -'),2; l-,asis of their time spent on the Word,. Payroll Paoll costs ioc[,,nIe, but (lot be limited w, salaHes and wa�gcs p,h,.s _he cost of fringe xetlefirs which shal]. include social "curity cowdbudunn untmMoymcn, excise and payrall of workmeWs compensadon, health and ITArempt benents, bortuse, sick. Rave, variation and hok iday pay npplkable chercuL Such cnWbyees shall include su! ' The expenses . pe-,.ntrndcn(s and Pmemen at Ic site. xper scs of pefforrnin.,, Work aftr regular wo, king hours, on Salur- dah Sunday or It al hoHdays, shnU be hchided in the above to Ac extent authorized by GWIZER. f7 le 1 LAO. Cost of MI rnatelials and equipment fil lisl ( ar-A incorporatcd in be Work, inc!ud'ing cams of Iran, ponntion and gomgc thereof, wd SWpHerf 50d sw•kes inquired in connecdon Gert"M AN cash Ascounu AMU ac,-,nuc to C0NT2_AC7'O_R, unless OWNIER deposits fiends with CONTRACTOR wit whicli to rnzdke payments, in whoh vase the cats disco-unts shall a=uc to OWNER. . N trade discounts, rcbazc�, and rttfunds and IN returns fro.?. Qc of surplus mawbAs and tqW pmenc .hail accrue to and CON'71F_�?C'I'OR shall rna�-_- provisions so fai Vey may be obmirad. tIAT Paystans madc by CONTIMIOR to Ac 'u-'con"r-'actors for t:'lork perfor-Irle'd by suoconuactors. It nf:qoird by CDAI)NER. CONTRA M"GP. shah Obtain co•paRK bids from acct'p'.-tblC to COIN- TRACTOR and shWl .diver` such bids to MVNER who :wilt wen "-Jct:_n-' - :. %v itl t (h. advice o f ENGINE -7, , wh ic h Sids •1 be ac=ptcd, If a proyidzt5 ilm' 1,11C su"b"Untractor is to be P"d on we bwis of c1on of Me Wort FWs a Fee. the Subcankmc.cr's Cos', o( hz- QaH be :n..,,.. S.Irr)c 15, Cost ^t -,he Work. AN subconuacm shall b4e' Subject to we own pmqviorts or be- corl (,-,I c! Documents it', So far as -applicable, I L43. Coss of special consu!tants (including but no( iirnitcd to engineer':,, architect;. [,-:Iing labomatori--s, sur- ,myon, attorneys and for se; ices spccificzilly rcla(ed to the Work. 00700-22 ILCT Supferner, E,31 costs including the folio Wing-' ':1,4,5.1, "Phe 'proportion of necessary cranspor•ta- donq travel and Mshcencc ex,7.nscs of C0?Il'l'RAC- TORO employcts in dischargt of duties con- nected with the Work. I I . 4.5.2. COSt, iTICILIding transportation arid n,nin- t nun cc, ofaH marcdah. supplies, equipment, machim. er-y, appliancts, office and temporary facilities at the sate and hand mcls nor o%vncid by uhc workcrs. whic.h are con,_:u rn,ed in flit-. pC!" f0f-ManCe 0[* the WO (1K, and COS, 00 M1,1171,LCI VaitIC Of Such Real- used but not con surric-d which c--r7lain die prOper-y ofC0NT:-,,A(—_T0R. machinery and the parts thercof whether rnlced CONTIR,M-TOR or othars in accordanc,_-_wich rcotal agreements Rppmved by OWNER with the advice of ENGINE"ER, ind ch4 costs oftransperzatiorl, lo,,iding, unkad1g, Mallation, dkaiantling and rr-moval the-rcof—all, in accordance v,,ith teciiis of said renlai aWnernents T'he lamiW ofany mch eqIpmenn rnaain- cry or P"Irt's shti!l cc.'Ise 1,VhC I `.he LIV: rhCre0f,;,S 110 !Or) L,'_'r n.-cessary for ehd Work. IIATC SM, consurner, use or Mmilar mxvs rchced to the Work, arIC4 for Wlich COINTRAC-TOR is liable, imposed by I.avvs and Rcgudat,ions. 1 LAM Empenics Kv for causes other than negH- gence a( nrly Subcontrac�tor or any- an, dhealy or Indirecdy emphyed by any of them or for Mse acts aay of dicrn may be liabic-, andll roYMLY 'f� 'bT paynn,--nis awd. -�cs .7 - p(tr-alits and licenscs. Los 4 &00647 kt-�M- Prc-�'J 4—R. C C A,; 1 E f I c '1 -w.2'. 41e 4 4 'a H 5 1 6 - i in t c 2- e t t r - t i tt- rt - 4 ly effective to assign to ENGINEER a.. ^y duty or authority to supervise or direct the furnishing or performance of, he Work or any duty or authority to und"mkt responsibility conirax ' to the provisions of paragraph 9.13 or 9.16. 9.15. ENGINEER will not be responsible for COAL i RR-2-\'CT0R's means, r:nc:thods, techniques, seouenccsorpro- ,.,.. UMS of cons, action, or the safety precautions and pro - •g, a.rns incident thereto, and ENGINEER will not be respon- Able for CONURACTOWs failure to perform or avnish the Work in ai:cordance with the Contract Documents, 9.16. ENGINEER wOl riot be rnspoosible for the acts or ornissions of CONTRACTOR fOR or of an;y Subcontractor, any Saapplirr, or- o,f any other person or organization performing or Ann shIg any of the !York. - ARTICLE Iii - CLI;xNG S IN THEE WORK lei.!. tii! ittlot. rtinvr?. ticatir:£ r, rhe: lgre� :C >te:ntasldluitt;ottCnetice to any surety, O'XNE':R may, ra't any cimc or front time to time., order a ddidons, dell_ -tions or revisions in the Work these will be authorized by a Wrinen humendrncrit, a Chang- Omer, or i Wcirk I`:irecdv r:' mngr ^. ,Upon receipt of any such document, CONTRACTOR ;hail promptlyprocced MA the Wrn-kK involved •. hic .l will be » ::•forrsiecl under the appl Icabdc, conditions of tl e Cooniract Docurn Tics (except as s,lc. :iirtal.iy ,,rr >5'�;lc-cil. 10.2. Lf Jl4i t1 =R and Ct :?til "l'I; ; ? I C- }xr tare unable to a�Y PS to the extent if zany, of an inr_ e or decrtme in we Contract Price or _.l exienshn or shortening of he Comriact Me that should he allowcd as a, result, of Work. DIrcc,lvn Change, a Mini may be made ,her for as provided in :',,belt, I 1 or :'!rdwic 12. 10.3. CONTRACTOR shad not be rttddcd to an incense in the font =-act 'Price or an exmn lion of the Contract Til :ac ~mitt; respect to any Work pr.. Armed that is not required by We Co "r-a t E)o uawnts as amends modified and supple - nic ,tcd as provided in par asm,.phs 3- 4 and 3.5, exec?, in the cue of an emergency s provided to pat .rapfi 6.22 and except in the case of unc Bring -Work as providti in paj-,- graph 133. 144. G yr `E ° an.ci C`C`x t "i is ?ai_ ": ,OR shall c: wcute af?prr priact C hangc � rd,, : s (or Written ;�krnendrnc.nts) coverinR:- lV4.1. chaimes in tizr. Work which arc ordcrcd by OWNER NCR ,pursuant to paragraph 10. l " arc required because ("facccP'Lzrcc of c:'rlecrfve Work under paragraph 13.13 or crorrcctinw. detective Work. tinder paragraph 13.II or are sg= to by ;hc panic ; Kda chmgcs in the C:ont.._ct Me orC,na,,wt Tine '-mien are a£;rtcd tt5 by the falitCS; and 10.4.3. .-hwggcs in the, Contract R ,e Or COr Tract Time which embody Ac substance of any - -iucn decision rWn- ecrcd by ENGINEER pursltant to pa agi-aph 9."t l ; provided that, & lieu of executing any such tChwju %dc -, an appeal may be taken horn any such decision in ac orciance with We provisions of the rContructJocurn grits and apptic• able Laws and R'egulminr -.:i, but during any such appeal, C..-)J ,f -- P ACTOR shalt carry on the ",Vo-rk and adhere to t`lP l rug - ress schedule as provided in pzaragraph 6.29. 10.5. If notice of any change affecting the gcnc:al s: o »r. of the Work or the provisions of the Contract Docur-rcrlts (including, but not limited to, Contract Price ar Connract Time) is required by the provisions of any Sand to be eivcn to a surety, the giving of any such notice will be CON' k av - %C- TOR! responsibility, and the a,-nount of each applir.ahle Bond will be adjusted accorciir,cly. *(Seer SC-Combined r rt;i_(..l.es :10, .l.l.., & 12 of the Suppl,eiate:nt_arry Cond i.t: orue,;) -12-,T C. LE 11- 1-CHANGE OF CAN TRACT ,3r I i'r {Ii F L The Contract Trice constitutes the total comp.(.'n- sation (subject to auihorized aciiu.stments) payabic to C;GIv_ TP,Ar-`T0R for perfor -min the Work. eUl duties, responsil)il- itics and obligations ss,};aed to or Under, :keel 't;z C.0 i•. TRACTOR shall be at his cxpen.., withoait chap +t in .,je Comae., Trice. 11-2 The Contract Price na: r�nlyl�cr_},� ge ! i,va� hzragW Order or-bya nirtcn.,mv rid nitnt. Any ,::hirn i �o r3 i n inc-rease Or deareasc In the Contract rite._ r.,: i.! be based on Yriri,'n notice GH"red by Be arty making the claim to we owe:r pa=y and to ?✓NGI i s . pronnpt1y (but in no event later lh-m Why clays) after the occurrence of th-_ went giving nise to the Min zarW stating be gene -al n uire of du- claztm. Norke of the amount of the claim with supportil -14-', :: i:I <a sh t, %)c delivered within :sixty days after suers occur-, ncc (unless ' NCiWEER allows an addirionai periad of .,4rric ,c. more accurate data in sUpport of the claim) and shall ,accompanied by 11laiinovit's -i -iltcn stattolcrat that (he amount claimed cover.<, all known amounts ,der e{r it �lii c to which the chimum is entitled as a resM of the oci umcnc£ of said event. All ckaims to-' 'aG;j'1StTrls +n t. tII the Contract Price shad be detc;-naincd by -?` G13NI r R in accar- dancc w4h p' »l_ aph 9. 11 if G ",NF :R and i::01,FTRs C- OR cannot othy -whe agree on the amount involved. No c1lim Q an almt nem in the Ununct Trice will be va'tid V not submit ..d in accordance with this paragraph ? L?. *See ;[S"-?1O of the Supplemental Conditions. M. The value of any Work covered by a Change Or er or of any claim for an r rCmwase or decrease in the Cone;; pct .Price Cha!l be determined in c.nc of the follovIin, ways: 1131. Tere We Work involved is co ored by .snit prices contained in thie t .'i :)ril.,ract DocurP.f.ms, by iapplk_<`i Bri of unit ;frier.,, ... Zht uu .ntiiics t. r` t c .soils ilr.''e v. ^„ (subject to the provisions; of F :,ragrpphs 1:.9.1. through 1 LET incMve), 00700-21 MCID, Clariyicraions and irttcrvreUr:icns? 9A. ENGINEER %WH issae with reasonable prorr;p tress such written clarifications or interpretations of the require - ments of the Ccontram Documents On he four; of Drawings or oth t -wise) as E NI'(31NE,ER maydeterm,ine rrc.cessary, which shall be corlsisrent vvhh or reasonably inferable from the overall intent of the Comma Doc:umens IfCONTRAC.TOR believes (hilt a written clarification Or interpretation justifies an increase in the C.ontraa Price or an extmMon of the. Copt act Time and Me palsies are unable to agree try the arricum or me ni t.ht'reof, CONTl ),C' OR inny make. a Hn werefror as provided in Article 11 or Article. I2. Authorivd Variations in ld'o,}.: 95 ENGINEER ' ER play authorize minor ti aerations in the %Vo r from: the rrlants Ch AC Ca7ntMct Docurne'ms which do not invdve an adjustment ill Me Comi -act Tinge or ilm, rCorl mct Time and am carist5ow with the overall blow of me Con(ma IJt)nrment_. These may be lac . +artWh lietd by a "'i0d Order and wi!! be binding on OWNEly, and also on t_.O I RAl t i iR who shall p rft?t m re's. Work Nvo "d pr: rnNt. If CONTRACTOR 1 _he es, that a Field Coder justifies all incrcase to We C.ti:ntma l'ac'e or an extension of the Contract Time. -and the parties am until >le M agree as to the zamcum or ement thereof, CONTRACTOR pray rriake to claim therefor as provided in Article: 1 f or 12.. 91. ENGINEER +grill h"c autlority to t:ittip3; me e,r. tt eli c eves to be QhuNr and C:11a'..t have aut atity to require special WspecUonorteuing of• the `,'work as pro idtc�d in F,r agri: )h 13.9 whether or not t;ae Work is iabi icnacd, installed or completer:(. Shoji 1 >. °utvirr „s, (:hange paters and i'aymena; 9.1 in co, e(:on with l NG INl ERA mslx`anskiHty for x;1:'.0) Draviings rind s.:riifAes, see pa �tgraphs 6,235 through 619 inclusive. 3. in :..gran c:i;,n ,viii; ENCi i 1L:E ?'s rr spon; >iliilities 75 W Change Osiers. sce Articles 10, 11 and 12• 90 In +connecdon vAh E`iGINL-ER's ; o spc�ns,blfrties in {,s sp.cct of.,kpplica. ;ons for 1]s.dnwr•if ew.. we AriMe W. Defer_ t,;avion.4 fiol- U; lit Pncey, 9AT ENGINEER will aetermhe the n .cal gla;lt les am d.'assr ic: a =togas of Unit Price Work per7orriied by C:Ct l TRACTOR. i.NCANf..ER v U r, :ie:w with CON'TRACTO1 ENOWEER! prelimMaar_y determinations an such mutters before re ndedrig a svri wn de..cIlan tbi.mmi (by reconamur datbn of an :z ppiication for .Payrilent for whr,dW ENGN NEERV wrl mn de6sion) therean 'hill be final arld ;finding upon OWN Elk and CONTRACTOR, unless. witWn t .n days aher the daze of any such decision, either O NER or }.OW TRACTOR del,, er s to the o(her party tci UW lgi un m arl r to ENGINEER written nouice of intention to appeal from such a decision. Decisions on Dic:pufes: 9,11. ENGINEER y, ill: be, the initial interpreter of (lie requirements of the Contra I,iam?.ents and )Wgc of % acceptabi% of the Work thereunder. Clairns, disputes and other matters relating to the rlccept(lt ility of the Work or the intcrpretat'st?n }C site mYdrerrtenm C;f [-tt: C:ontmct Documents pertaining to tare performance aW Rwi i hin4 of the Work and clans uni er Articles 1 I mid 1? iri respect of changes in the Comma Prim or Contract 'Time will be referred init% to ENGINEER in writing, with a r'=tquest for a formal decision in accordance kviih this pcaiagmph, which ENGINEER w11 render ill writing within is reasonable tirne. Written notice cf each such clzim, dispute anti (tither matter cviil be delivered by sat; 61tlimam to �1. NL.x.I'tii ;iE and Ge whaer pt.rt.y to (rte x a:.:r•ennerit p)rornptly (,)Lit in nt} evi:ni later (ham thirty dilys) after the occurr•en” of the event givkg rise thereto, and written suppri ing data will be submitted to rat t1:11`l,I�'and we o er party Within si,ay ." tt. 1fi ": 4t l h if: rr r::nr G l ;a ss E_;N r^IEER allows an ;W itre 1a1 p e,rod o_ tifue to as(,cn&—, roore accurme Coat& in mpport of the AS, 9.'12. When Functioning; as inttfi- preter and jmNe under pu mphs %10 and 9,jL ENGINEER vKH not shWw par - sir:lity to OWN or CONTRA CTOR and will riot be liable, in connection with any iutcipretation orderision re.ridered in good faith m such mipacity. The rendering of is decision by E N'0J F,ER pur ,taint to paragraphs f)_ W arld 9. ] t MIT rc sYct tit any such claim, dispme or odwr ,l Wer { ceN any which hne been waived by We nm irig or .+cce ijf rose of nr,,1 i rly- ment as provided in f agraph iJ.16) will be to condition +recedicflt to any e; rcise by OWNER or CONTRACTOR Ofsttc`l rights or'emedi s as c Ar May 0heTWiSC . have Under tht.;. Contract DocurnF fits Or I ws;of R egaila.6ons in rr pec:t a,f ry .such (:1 aim:, dispute or o(hr:r inlatter. t.i,Tiittuifins .oft 1r:NG1,''s•.E1,,,R's R- sponsurili:ies•: 113. slither ENCIN:EER's awNdV to na ulate:r his 2w6cle 9 or elsewhere in the Contract Documents nor any (recision rnade by�ENGUNE E , in god G „ih eittie�r i ?...r.,�iSe or not exercise such awhatity ahMI gaNe rise: w any duty far - responsibility elf EN,51NE.E.1; tr) C(DN fRAC"DOR, any Sub• Crun(racwn any Su(1LHe , or any wher person or orgarr4wicri pc.: rAl-n tit m / o1 the t''' 4-. Or to ally surety for any of zhesn. ' 'Wee C he to ens to ), 11. s ,<c?rt ordered—. "as :;irec:.d... :as mquircd -, "a; .'lowed. "as approved” or .t nris for It _e refFe,.t -or irnport are used. or the adjectives "reasonable ". "eaccepta:ars "• "proprr or "saA NttSrY* of- a ,reai es oC like effi t or lrnpcm nrF; used wde scribe : arequiremerit ,direction.re New orjul n( of F.,NMNEEs.R as w We Wort. it is irixaded that such rerttirr'c'ment. directiom dlcb'tr w iar,?'.)df'me m %KH be soldy to evaluate the 'Mark for comobrice v it }1 the CCon4_trc't Docu- rriants_"moss them is a spe+ idc sulte5, ent ind ica ng o'ther- wi'se) iIr`; ase of any such terrii or 8(rjt: tl,c shall not `1c' C) () -/ -, __ 2 ,) TRACTOR shall not endanger any work of (Ahers by cutting, excavatog or wherwke akcririg their work arld wiH only cut or uNer their work with the written cmsent of ENGINEER and Me o5an whose wok will be affinew The dwies and reVonsilAhks of C0NTR;m.',I-0R under this paragraph are fur the baneRc or such utility owners and other cunwaclxirs to Me extent that there am comparaWe prvOsims for we beriefit of CONTRACTOR ill said direct contracts between OWNERmW mwh SH, ownem and wherconsucurs. 13, V any pan of CON TRACTOR's Work depends for proper txecudon or mmills upon the work of any such other canlracwr or utility owner (or OWNERL CONTRACTOR shnil inspect and promptly report to E't�IGINEER in writing; any delays. defects or dchdoxies in smh work AM render it tulav-ailable or UVISUANC For such proper execuGan and rcsuIty CONTRACTOR's bUmn so W report will constitute an acceptanci.- ofa!e wbcr I-vork as fit and proper for into ,-ra- don with C.OINTR.ACTOR's Vilork cUej)L for Iftte-rit Or ron- appa!-ent defects and deficiencies in the Over was. Coordination: 7A, if OWNER contrac.ts 1-vith others for the perfor- niance afar)irr work an Me AWect ac We Am, the person or organi-,aliori who Wit! have auillonity, and rupwsibitiq for coordhadon of the actKilics amonng Me vkwls prime coo rMONS wW be wendfis in we Symememary Cowhiorrs, and the spedhe, matters to be coveiedloysuch authority and �-e, wntof'suc autbo)r- , spon�;.bifify will be Readzed. and the ext -h� icy and resporisibilitieswill be pruvide(l, in (lie Supplernentary (7c'mclitions.,U less otherwise provided in the Supplemeronlry CmWkwi, neither OWNER nor i-_NGINEF. R shMI have any auawAy orresporsibility in respf.,ct ol'such coordination. A I RTICLE &L OWNER shat) issue 'all communinadoris to CCU "N -FRACTOR 'hi-OUgh, 17A 'GINI,�,ER, 8,1 In case of ternAnadon of the employmew of ENGK NEER, OWNER shall appoint an e"Yneer against whom CONTRACTOR rinkes no mmumble ohjiection, whosr-, Sta- tus mdw Me Contract Documents shall be Qu of Te former ENGINEER. Any dispum in corumcdon with such appArit- rnern, shall be subject to arbitration. 8-3, OWNER shah furnish the daiaT2quimJo(0',V'N.ER wWwr am CNvraw Donments promptly and shaH make pay- ments to CONTRACTOR prornptty &,er fficy are due as provid ied in paragraphs 144 and It 13. 8A OWNER's duties in respect of providing lands wW casement and providing entdnef.-.ring su"eys VeMsiblid reference pohns are set forth in paragmphsT I and 4A Pam. gmph 41 Kim to 0INNER's identifying and making avail. ON to CONTRACTOR copies cKepons of expforations and test.-, of subsurface conditions at the site and in txisciag sawc- tilres which have b cn ultized by ENGINHER K preparing the Dm%Ongs and Specificadons. &I OWNER's responsibilities in respect Of Purcha'sin,,, and maimbruNg liabiQand'; propeny tit .,.Anancerare set Unh in paragraphs 5.5 throb h 5.8. 8.6. OWNER is obligated to exccute Change Orders as indicated in paragraph 114. &A OWNER! responsl respect i1ity in respe or certain inspucu , ons, tests and approvAs is so Rmth 0P aragr:aph 13A. &S, In connection wkhOWNERV dot msWp Was oar deals whit (OWNE",R's right to terininate- secvic:,-s or Cot'l- TRA(7roR under cenain cimummance,,. ARTICLE, 9-1.7,?�IIGIN FR'S STATUS DUfo.�4c-3 CONSTRUCTION ...... . . . . ........... . ... 0)vner's Representotive: 9A. ENGINEER wM be OWNER! mpitenmatSe TH- hy the construction. period: The duties all(-[ f sponsibilit4s and the Anitaduns oC,)uthc)ritv OWNER's myenntadve dmhg construction al—, set for,0-; in the Con- i ,rac,t Documents and sl'iLdl n,.,t be excendcd without ,vrimm cn) n s cri 1 of 0 W N E R n.rld E N G 1 N E VAS to sue: 9:2. ENOFNEERvvM make vkRswteiu:mimennis -ppropriate. to ,he Varions. 6trnges of consm-Ictioll to observ�' am pm Tess wA quality Of tllt.- Work and to mint, K gores , I we "%A K prom. Try in wwyAmc with. the Contract Documents. ENGUNEERwill not be required to Mao eAwnse Or consmous avow inspections to hem!" We quality or quarthy of the 'Work, EINGINEIE:,R's efror!", will t) it toward providQ RH OWNER a gmhwinkgrc,. of confidence that the completed 'York will cAnni to tai° Convacc Documents_ On am basis of wch vNits :.iris' ow Qv- observations as an experienced and qt riled rNsip profes- sional, ENGINEER wit keep OWNER trio nried of the prog- ims of the'; o and wHI endeavor to guard OWNER agains� defects and dcf1cicnCieS in the Work. Froject Represen!ntion.' 93. If OWNER -and t`_NGINHER wil! furnish a Residnil Project PePrcsentadvc to assist ,he , �. k, 'I'lle ENT NEER& observillg the PerfOrCM-Ince0l", -V(-, dulks, respansibilitks and lindiattions of auMority of any snh Resident PrcJmct lRepreserilative and assistants VVil: ' e as prOW&d in the Supp)enent�.try Conditions. IfOWNLR tiesiplaces another agent to reKesent OWNEIT at Me SM.' who is not ENGINEER's agent Or employee, the duties, responsibilicki and ShmUons of awhority d such olef person will be as pm&&d I Um SWplumniziq CwItins. 13A. (he ISC-9-3A of the Supplementary Condi- baits 1 D0700-19 each SMP Drawing submitte:l to ` NC,'J!NiT R r`or re:vit',v and ;IPPFQVal (if e,Ic a Such variation, 61& E_+f. WEER will review and approve v,'i(1`, maw, able promptness Sheep Dr2wh9s and sam0m, but ENW- NE RA review and approval vQ1 be only for conlormnn-se wkh we design coricepc of the Prciject and for compliar:cr.' w0h be inMnnation even in we Conu-aet Docurrimm epic' shill not extend to means, methods, techni <ims, segmnces or procedures of comstruction(excel where a specific rneans. MCU'10d, t,2cliniglar, sequence or procedure of 'onst,''iictiolli's hidkawd in or required by tllrc Contract Documents) or ro safety precautions or progr<anas incident Cher•c:to. The review and apXoml of a sC'p<i naw Acm as ` mh Will not intlriam appmvM of we assembly in which the itc'.ri forictions, COW TRACMR sAU make co. rections re"1 :6c by ENGINEER. and sAU return be r�;quir dl nurnbe.r oCcon-ccu.d copies of Shop 1.):avdngs and subm.A as required new sarrTl€:s for revive and ap,.xov L CONTRACTOR Aall IMCE SPC66Cattention in writing to re- ,eisions other than Be corrections c abed for by on ;.previous submhtals. 61T ENGMEER's review a,lei pprova! of Shop z:)rs;ti'- iri s or sa nples strap not rt!jevz C(';N'T: Ai:;`l0i7 f1011-i responsibility for any variation from: the reWdrements of At Contract Docualents uf:less CONTRACTOR ha%s in Writing called NGINEEWs auen {iarr to each such varr tion a{ Be tinit= Ot Staf,Cr ?tsSlCn as required by paragraph 6112 and ENGINEER has Yvan Witten ri pWoval of each such Vc..0 .ion by a s"cMc n6twn notadon the...mof Wcorparated in Or ,ic:cornpinyhaf the :Shop Drawing or s.rnot >- pprovah nor vQ1 any approval by TNOI1NEER relieve C ONTRACT0i ", tvm respowbiiity for errors or oC2 bdons ell the Shop, l.i,t'a - ings or fnNn responM ili(y for haling complied With die pro- visions of pxaragrapn. r>. &J. <,Q& `+`yhue a ,Shop;Drawinti ur sample is req±red by the Sl' e t cadons, any mlawd WON performed p6w to INN& N_,.ER's rC- lw ;"i;id approval of th,, pt.rtiraCnt sulunlission',', H be the sole expense and re punsi .i'.t y of CONTRACTOR. CarrtinfQ, flee $Yuri 6. 29. C ON Tf'..Af OR,sl null carry on t;ic' ;at`ork and adhere to the proa,. ss s`tic.dWe di.lrrtrt.? an dt5ptites of- disagr"..,.litrri 5 o OWNER No Work shall be delayed or postponed pend. ing ;es^ultl(ion of any tl5pums or .ICaar,,;i ;. menu, e:CW.t.t as permitted by ; ',a,r 'ssh 115 or as CONTRACTOR and OW ER may 'o(:it_ V rse agree in writing. 1nderr:nVka1icln: 6.34. 'i'o the-.fullest extrnt - permitted by Laws and Ry, ladons CONTRACTOR shall index inify and hoid hwav ss OWNER mW ENGMEE R a" CEO consultarim, ag nos and em hyees from and against all claims, d<.amejes, lasses and expenses, direv, indirect or consequential Oncluding bur not liniited to Pee rand and harges of engirt :ers, u-cbjtCC[ , 'at[f) „eys ap,d othal• professionals Ind.courl.. and aa>'loi {patron c sm) ry, ?$- iriC; olio of or i•e_:019 from Me pe forrrtf.nct i of the %Irk, prO &Cl On wq such ciai:,i,. dCirfliif;C. kw "w GW —Is(d. 0) is attributable w bodily injury, sjcknc4 , diseas, Qi dicati1. or Io injury !to or r.c'£tr',M'ion Of Langible Kopet'ry Wther than fn Work itSiflf) including c loss of use resWdn„ t- ereNo .1 and (b) is _au5:d in wholz or in part by airy ne�2iigem ar I or orriissiont.,fCONTR CTOR. any Subron,trac:or, any person ororga03 ian Tre dy ter €n "ir1 -ctly employed by any of thern W pet-hrm or furnish any of the Work or anyone for wtwise acts any of the, a may be liab :. mgardless of %whether or not it is caused iri pan by a Marty indemr0lied hereunder or arises by or is imposed by Lave and ;Zaydadons r i_a r'lcss or 02 neghr?etice of any s It_h palCY. N ER or any of A it t,Qns itants. agents or employes by any ernoo"e of CONTRACTOR. ACTOR. any Subs nantor: ally person orihdirectlyr_niployedby any Of QM to oerikrm or ftlrnirsh any of Me, Work or wVww for whose acEs any of iher?'1 niiy be liable, the ltlil i.!i711117 a.Utln obligmian under p<^rtgmph 630 shall riot be hmhed to any way by any lin,imdon on teae amount Or t tae of damages, :.or <.:prn. >ati(irr ear benefits payable by or for CONTI;ACTOR or any 'such SubconoracEm or Qthur person or orgaNzation udder +vdr ....' or o: kn,::n's cori?n,. is -a-d a acts, disci dity benefit =5 or Other +: mpioyee bt preen acts. 631 The obU ations of C:C:IN'1•UQU R under Para- graph graph 6.30 shall not extend to die liability ENGINEETs c:orisuitum r,4ews or employees an i,y +.rut of *,he preparation or approwil ut' maps, cifaiwings, op .n ons, repror =.s., s(rryeys, Change `,)rd,,rs. de igns of ft.RTICLE� 7 -_:; T-H o-z WORK Rehued 'i'lork of Silo:: TL OWNER ER rii r prlorm whu WON re i(ed m Be n* act at Be site by t7`a3NEs`:R's own folves, h"e. orther 'tai: ;:'e2SQriT'14.r;.f ) ytltilitV O:1nGrs br itt Q(}tei lirL'C? : i,�n { ? ";:rCtS tt7t ,:e[t7r ',viaich shall cont<aio Gt:i;e-al Conditions similar tc rhesia, i the No Am suchwh €r work is to be ixrlorrricd was no(not•_d. in ,he Contract Doc °urnents, :written notice thereof will be riven to ri)` +•I RArC,�TOR prior to starting any such oth €r wore•; ancl, if CONTRACTOR believes that such Perfar- rnance will involve additional expense to CONTRACTOR or ;e raiees are <�i.:ora l dme- and the p at,les are unable O ab: as to the extern a reef, CONTRAC TC)R may make a claim thc:refror as provided in Articles 1 l and 12. 72. CONTRACTOR shall afford each utility owner aiid other rontractor who, is a parry to such a di {-r -t contr-ac{ (or 041, EM 1OWNER'.5 per fortnii, Be additiorial work wi h OWtlER's enipioy"s) prar}I rated mfe acc;:.,s.a ' e Mm anti a reasmable opport miV for the ititroduc:ti r. a ,ti song. or matt -. i s And equipment and the execution of spice] 'Work, and shall prop €dy connect and ccoortiin in Be 'aS al •ti'i{h t is r� :. CONTRACTOR sh°a!1 do all cuttin; fitting and pat�lur g of the Work that may be 1 uh vd m make its seveml Pans corn€ to.nsher ppoperfy -and integrate With such. !?t{i ' work.C. 0 0700-18 merlon of (tic "Mork, these record dorurricrits, sajriples and Shop) Dmwirns ,viU be :,fetivered to ENGINEER for OV ;,NER. Sajely aad Protection: b 20, CONTRAC7FOR sh .tI be r WwWbie: for inivatislg rnaintainin_r, and .sup e, .iOng all safety precautions and pro- grams in connection with the V✓ 4. CONTRACTOR shall take atl nee ssarry precautions for the safety o,', and shall provide the necessary p.rotec ion to prevent damage, ijury . or loss t:o: 6.�0. I. all ernpioYet s on the Work Ind other p+ rsans and c7rg ani7ations who May be a f:iected thereby; 6 20,2. .alt the V ork- anal materials and equipme . t+> bz ir:corporawd therein, Whether in .storage on or off the site: And 6113. ot'.,er prole >erty at ttze sae or a�[p, .:rit rtlere(o, including trees, shrubs, lawns, =r'•rts, p r rnent> road. ways, s1, urt turfs, utllRies and Underground Sa d Qs no( designated for reMO al, relocatiOn or replacement in the course Of Construction, C:O r>?A('7TOR shall C'clrnplly with aH appiir ble bows and R evt,lmions of any public: body hatiir,_n., jurisdiction nor' the safety of p:CrSiOn s +fit' Pm" t j' Ono prattem them from damage, injury/ or low and shall eract and rnamt5n all nemssary safeguards for such safe, and Promotion. CONTRACTOR tizill notify owners of•ad,lacent property and of Underground facilities and uz;lir;✓ Owners when prosecution of the Work may ales therm and A= Cooperate Cooperate wit them in the pro - tesion, removal, relomhon and replacement of Nei prop - Lnyi AD Cla„Iag= h*ny or "S tO any j:r)Je iY -C?err ;:d IU in pw gaph 600.2 or b,213 Cantrsed, directly or indirectly, irl whal ° or in part, b3 ',Ct_1NTRACTC Q any Subcontractor, Supplier or any other person or OrgAnizaGri Wetly or indb rf`LUY employed by any of their to pedlorm or fl,mish any of the Work or anyone for whose acts any oPthem may be liable, shall be rensdied by CONTRACTOR (except damage ar loss attributable. to the fault of Dr.� >> ings or Specificatic.•ns �r to we acts or omissions OFO4'v'NER or ENGINEER or anyone employed by sinter of thorn or anyone- for whose acts either of them may be liable arid not <MribUtabte, directly tar indi- m dy, in whole or in part., to the fault or negfigence ofCOM TRACTOR! t_()I`iTRAC OR's dutir_:s and respons biiKes .)r tine safety and rrotuctian >r(Che Work shall continue until :)c ) time as Pit the '4N'ork is cumpl,afed and Ei +MNE ER has issued a notice 10 0SX-NER and CONTRACTOR in accord- with par'agra 'i 14,13 that•the �'vork S aCrept +4Cle {eYceD[ as Mile ,? se ,`.e \i rCsssly` Provided in conne c on girth Subsmn- lot Completion), 6.21. CONTRACTOR shall designate a respt)nsible re l:- resenm(ive at the site whose duty shall be the prevention of accidents. "Furls Penon Omit be CONTRAC °I'OR's superin- tn {lent unless ot?n.;wise- designrnted in writing by CON- TRACTOR, to O 'iti E —er{ encies: 6,22, In emergencies affecting (he safety o • protection Of pe sores or Te Work or popr.ny at the stet or adjaCem theme), CONTRACTOR, without special instruction or authorization Pram :> NGINE R oc c7WNER, is obligated to act to prevent threatened darnage, injury or loss. CONTRACTOR shall give ENGINEER prompt written notice ifCON'j,RACT0,R believes that any significant changes in the mark or variations frorn the Contract Docurx tints have been causes. therch, IfENGA NITER determines that a change in the Contract If::currlents is required bwause of the action taken in response to an eflierg.ncy, a Work Directive (;han;10 Or Change Order wil). be issued to douirnent the .consegl.lenca at the changes or variattctns. Shan /)rawlugs anal Sc:n:pies: 6,23, Af(er cjjceking and ve- ri'lying, all fic!d rneraSUr'tf..:Ieai. and altet'COUl* tvrog '.vith ap.I llcabl.e: prt)ceedures specitleL in the General Requir.,acn(s, CONTRACTOR small subrnh to IN I IVi R for revie'.v arid approval in accordance- y7t ! Me ,�Pt d Schc(Alle of Shop Drawing subrniSsions (see gmph ..zlj, a for ather appropriate action if so indb ated ,. the Supt)lenientary Cog i;itior,, rlv +;, Copies {unless otherwise spedBed in the Genera; F'eguircm +eniQ c9all :Shop Drawirrp s, which will bear a st ,rjjp oa- speciflc written indication that CON1RACTOR has satisfied CONII` ACTOWs regponsi- bMAs Under the Contract Documents with respect to the.. rebew of the submission. All suornl 5ions will he; iCit -It,, i_iI as ENG, TM I' may redo re. The dam shown on the ;Ship Drawings wilt be complete with respect to c7tl s q:ies, di.nen- signs, spedfi d performance and desitn criteria, Iran l:als and similar data to enable EN INNER to review the ,.nf'cr madon as required. 6,21 CONn'atAC `C R shall also submit to ENGI�t? ....I }. Ar re' ✓;e1v arid appriwal 00 5LICii *trCrnnptnes, ,y C: irs no delay in Work, all samples r'.qu ed by the Contract oc- unlentS. AH $signOes will !lave been checked loy and accCJm panivd ,y a specific written indication that. CONTRACTOR has sa',isf!et.i (u (� RA'�?c)#?'s respon,bihtle_, 'r(ter tht: Contran Docur*ner.cs With „espeet tv the revkvv of the mission and will be identified Newly as to material, per =.hent data such as catalog number's and the use for .a1 ;ic:i, in n)ded. 615.1. Before s ±hmission of each S; t}p> Dra.vin, o;- sample CONTIR-ACTOR shall have detcrtitined and er. Red Ali gnri(iAm ❑irncnsiUns, specified. per7r,nanc:e Cris• tc;na iustlllati.on t`8 7uiiements, materials, catalog, riut7i- bers and :A nrlar data wkh respect Aacto and r"i,_w, or c andinawd each `shop Drawing or- saarnplc with other Shop Drawings and samples and with the requirements of, the Work and the Contras: Docum ems.. 6.211 At the dine oP each suemissiran, CON RAC. TOR shall pfve ENGINEER specific written notice afernch variation that the Shop Drawirigs Or samples may have from the r quirernents of the Contra t Docurneats, and. in 'addi(iori, sh ".1t caust as Jpe „'?c notation. to be Clove on 00700-17 or EN GIN ;i-,E in use is 3ti4na to palterit rights or cc pyrig hts calling >, for the payment tai any license fie or royalty to others, the edsteme of wch rights shall be disclosed by OWNER }? in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and h' GE.N t ER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses (including attorneys' fees and court and awitt' ion costo am mu of any infrinirement of patent AgNs or co iyrr hts incident to the use in the pe:forma;nce of ,lie Work o"Muldriz from the inarpormion in the Work of any invention, deign, princess, product or device no specified in the Comma Dommems, and shall defend all str h eliaitias in Conn crion with any alleged infrir g6nient tae_ such tick s. f'errnifs: 111 Urfiem )tiet-wisc } wAded in the StrpOementaiy Can dititon , r 'CJNT'P a.C"FOR shall obtain nand kale for all coil - stnic.tion pe-rnlits and licenses. OWNER shall assist C', -.)N- TRACTOR, when ri ces. >ary) in ob' ining such pemb ,tin and licenst: s. C ON'h'.E? At OR shall h, :�y €,t, �; :rnrr.en'.at < ,tl.r >es and K',p cdon tomes neccsnry Rn be (' ti. °Cimon of be Wt)1, which are: applicable at the time of cpenhy of 1.:.s, or ii them are no 'MA on the IEffecdvc Me of the A,gaet mem COIN TRACTOR shall oaay all charges of utility omers fur con - raa.t:tiobs to the Work, and OWNER shall leay all charges of such a iilT s owners for capital cost, related thereu) such as i; Acs, S� I„ of the. SSupf emntwl "tij plaT7t LnJt fa18i12 c�L'S. � > ^ -• Conditions) La }vs ti d Regulati my: 6.111, CON T RAC UR shall give an notices and comply with all L,aws and Regulations apzakable to No r is ing :,aid pet.-forr iatnce of the an'ork. Except itere orh- erNvis:, expressly required by applicable Laws and Regin Rtiomh neither OWNER norENGINEERslihllbe msNm- sible Qr montioring Cf. I ITACfOR's cC+"Han'e witit sally La""rs or Regulations. f;.14 2. if CONTRACTOR ob}�erveS t':iiat tilt, Specifi- cations or Drawings are -,it variance with any Laws or jteguiaiioras, CON'PRAC TOR shall give ENGINEER p,or.npi +1'ritten notice thereof. and any necessary changes be raudorized by one of the mt'Tods indicmed in pa ag.,riaph :3.4. If performs sa" Work rio,,R,ing at having r' iSt}n to know that it is contrary to such Laws or Regulations, and widow such notice to ENGINEER. CONTR ACI`R Mall New all costs arisin,e,, ;leer t :i.o:ni tri >v ;t er. tt sfit:l'i nw be r'.C;1li'RACTO 's pri- M .. r , resp nsibih 4 to make vermin that the Speci[Ir•;adonI and Drawings s a ° in accordance: with such Laws au d 1 .?_uindon.s. luxes: . ii, CONTRACTOR O SMH pay all salec cm xurr,,_r. use and other : hnilar taxes required to be r? till. by :. iil'URA? TOP ill accordance with We La.Y•s and aRegiln(ion.s of the place of the ProiNct which a r,,. applicable during the mance of the Work, Use of Premises: 5.1f. CONTRACTOR Shall confine cvrS rttc•.tion equip - ment, the swinge of materials and ecilpmerht and the oper- ations of 4 vwkers to the Project site and land and areas id n- titted K nM permitted by tine Contr•acc Documents and other land and :areas peer clued by Lws; and hegulations, Q his - of -way, pennies and ens enis, mid shall not unlwsomiNy encumber the pt%.mises -.with conswuction equipment. of offier mweriah or equipment. C :ONTRAC OR shall assume tuil responsibi , foe• wily darimge to aa" sail h hnd or ru-e a; err o the owner or occupant diereof of of any land cu areas conk.,, a.ious thereto, resulting from he peTiCrnMilce of the W.I. Should my claim are made a gainm 0'd,1Ni R or rC I'VE R by a" 'smh owner or occupant because of the perforamtu.e� of tlae 'NNork, C ONTRAC T OR shall p tsr,;ptiy attempt to s'ci,le wiCh such other party by aag,rcenient or otherwise mso'lve the cWm by tarbitraadwi or at law. CON RACTCAR shah, to the fullest extent permitted by Laws and I?egulmions, iru r innify and hold >>M L• R and ENGINEER i.EER flue n, n front and u,a,,,:,t aH 0irm, dais ages, losses and expenses ylfi.cludilig, but l(6wd to, Nes of er g@i.eers, archkeCCs. :;'atarneys and other pick annals and co m-, and arbitr<atior, costs) aarisingdrrF.cily, indfrer_iiy or consequentially out of any action, Qat'or egai- mbhl 17ro!:on by any such other party against OWNER or Ei?CaLNEE,R to (lie L;etent ba_,::d oil is ciaina arising -oat of C ON', *f2AC; Oft's ,t)t— ri : sa ice of the Work. C). it During he e t f ress of the Work. t. ON T R :11. ' t)t shall iii` p the prim es bee foni a;,:'uumilatlons of S ast' rlliitCrla1S, I'irhbt5h and other debt-is rCSI!Itrril3' Bonn he Wofd;. At the cornpiction of heWark CONTRACIFOR shall remow; an waste mamr iPals, rubtfish and d0th from and Knit Be premises as Well $:a r;ll toOiS, i[<!'rita9tlt,s',.5, consti- U'citon t qu "ip- rnent €nhd n .Ehinery, and sure vr`.i !materials. and shall lc-,lvc the sr a clear and ready for rrtcutrrncy by 01NNE:R DON- TRACTOR AC TOR si;ali moom w or onal candi don all prop i t'/ not designated for tali mAm by the gran erect Documents, o.l,. t :( :7`?- i�12:1,C�i -C3_R :t't:ttill r;7t lo.ar.1 niar permit at_n,} hart orally sti'ut;turt to he lc.ath.d in any rtaariraer M 3 +`i!l endanger the .tmaure, nor sfviP t OIN TI?ACTr)R subject any part of the Work or adjacent pro; ec -ty ,a stiesses or , r sure.} ttl:it. will en"Janner n.. Record Docanients: 6.1% Ct NTRAC (DR _;,hell rnailm'Jft in a safe ploce m 'tile- site one record copy of gill Dr wiilp, i ieCinCrt...`ns. Md<nda, Written Aran ndnients, Change Orders. Work Diiec.•tive Changes, Field, Orders, and vrritten inlerpretations and claMci3dws (issue -d pursuant to piamgmph 9A in gum! order and annotated to show all changes Triode during c:on- struccihn, Th. se record oat rnems_ottether%vitrall.ipnf r,sd saarghs zauil a cotinte t,a,t of 10 approvecl Slop Drr+„n y 401 be availaabic to reference. Ui-)o i c om- rri,yaity• All variations OFEhe proposed substitute Rom Qt s"cified will be idendRed in the application and avnilatfle n - and replacornent service will be indk repail cmc& lie application will also contain an itemized esti- mate of all cots that will rc, ti)! directly or indirectly front acc,,-.,puince of such sub' ;titucc. including costs of redesign 1, - contras -�b tiffe.- d by We resAirig and c!L,,i-as of other ractoi c! e cmulgo aN of which sliall be comWered by ENGINEER M e"Wmi,rig the pmpied substitute, ENGNEER mq rcquke CONTRACTOR to nwnhh at CONTRACTORA expense addRional data abo�ut Be proposed submiune. cir,pr, )cedurc of construe Hon is indivated in or required by the Cum-act Comm eats. CONTRACTOR may f'urnklif or vfWke a sutwitute rneans, niethod, sequnnce, technique or procedum of calimmobn acceptalfic to ENGINEER, if COINT,R AC70R. subrnits SUfficiLfit infOrnia(Wn to allOw ENGFNEER to determine that the substitute proposed is equivalent to that indicated or regired by We Commcl IN;cunnenLs. 'file inrol.',ed'Ure for review by ENGINEER will be An% to vat rrovided in pavagraph 6T I as applied by ENGINEER mid as may be supplemented W Be Q, eml Repif-emems, 6,7,35, 1`,NGlNEJ3,,R will be aflov"ed 'I masonnue 6mc w4hin NQch to evahiate each proposed substilow, E04GO will be the sole, judge of acceptability, and no ,sUbsotute will be ordered, irist'alled or utilize.! Without prior written lice epta [ice which so 1 be eV, danud by Ater a Change Order or an "proved Shop r)j-;Ave jn,c,.. OIXINEA qmy reqwire CONTRACTOR to fur. nisi at exp"se a special performance v. her tnitce c ot'ller Surety with jespect to an.-y substiti-ite. wifl 6me mquired by Y,,NGINT.-',F-,R mW ENGINEER.4 consuluincs in evaluatbg sAvitutions gim"sk by CONTRACTOR aW in rnkkg changes in be Columv Domments occasioned, thereby. Whether or not ENGINEER incepts a p"Mosed sAminnin COO TRACTOR Val'; rviniburse. OWNER for Be charges of ENGINEER mid ENGNEER! convAnnis An "&UK ing each proposed substinite. concerning, •abrolaro"'tors, Sq.,,�vlfers and Others: ME CON TIAPTTOR shy ll not empty mvy Subcon- Mose acceptable to OAVNER and ENGTEER as It, cated in paragraph =0 whethef- initially or m it mis? tuive, against whorn OWNER or ENGINEER may have rwsmmbk objecticin, CUNITIRAC"FOR shall not be requu-•�,,d to empWy any Subcontractm, Supplier or other person Ut orgnnization to furnish or Bert vai any of Be Work apirist mohnn CONTRACTOR has reasonaNe oIJectim, 6A2 if We Supplementary Conditions require the identity of certain SuPORM Cr 0Mw org of, aniz, Pv- ations (inchiditig Won who am to han011, bc p&c0al it"m of almeArds and equipment) to be sub- fnit fed to 0 L!�, in adwance of Me s•ydied daw pHor to be ERc"c Dine of We Agmerfiew for acceptance by OWNER and EINCANEER and if CONITIRACTOR has submitted a list *kIncreof in accordance with We S"ple. men tary Condi! ions, 0 WN ER * s of- ENGINEER'S accept- ance (either in "TiOng or by failifig, to rn lkf_' Written Ofec- ,ion ,he=reto by the date indicated fire acce- p ra lice c5r objet, ihn in ow KNOW dmunwrim or We Convpv Efocumento) of any such, Stfbconvawv Supplier or other person or organization so identified niay be revoked oil the basis of Maclimble objesion aftc r due in -vestig-alion. iri which c,.-,L.e CONTRACTOR shall sfibrnit an acceptabl,_- subsiituie. the Comract Me will be increased by this differcrict, it the cost occasioned by such substitution and mi aq.1propria(e Change Order will be issued or Written Amendment Jncd. No accepwnce by OWNER or ENGIN EER of any such Subconumcion Supplier or o5cr pei-son or orgnnizaWn shaU constitute a waiverof any Qhi of OWNER or ENGN NEER to r1mc de&MY ivok. 6.8.3. (See 1500.2 A of the Supplementary Condit uid E, NGINEER. for all acts and omissions of the Subcon- vnt,)rs, Supplicrs and other lirI-SOIIS and 01-- foifning of- ftirnishing, Any of the Work under a dire.-t or Wins contract vith CONTRACTOR just as CONTRAC- TOR is respousible acts and oalis- shns. Nothing in the Concract Documents create any Contractual MuSiship between OWNER or ENMNEER and any such SUbcommcior, Supplier or other pers , cm or organization, nor AM w ] it create any obligation on the-par( of OWNER or EN01NE.L-AP, to pa,, or t:' tee to the of any moneys due any such Subcontractor, Supplier or olhN- pemon or organization except as may otherwke be requirm.1 by I�mvs and Repantions. (See 9SC-6, 9 of the SUppl e- mentary Conditions) 6,W, The diAdons,-,nd sectionso(the [he idzlitii , icaLions c.) any Drziwings shall not conrro; CO-N- TRACTOR in the Vi"Ork !>ubcuntraciors or supphers or delifi'�,tinv !he, wor."r to be ptsrfolfned by any specifle trade. & I k AD Work CONITRAC-JOR by a S'ub- commaw will be pursomfit to; z'm appropl-iale, agrt.", rue lit C between OVrrR)%Vru,%1 and the Subcontractor -,vin! h spe- cifically finds the Subcontractor to the applicable (e.-.ms tint ": coridwons of GC [)oCLlrhCn(s for BY. bener"t Cf OWNER and E`,,1CtINEf`.,Z and contains waiver ;.--rovisions as requied by pzao,-U�,,raph 5.1 1, CON T'RACTO11 shaH pay each subcontractor a jutst share of any ins ranee rflonevs received ived by COTR/1,CTOR or accoUr'it of i0s.Sesund+!r Pol- icWs Owed pursuant to pampmphs 5A and 17, Palent Fees and Royalties: 6.11 CONTRACTOR shall pay all ti me kes aW roy- Wks and anume all inCident to the use in the pt.�rro.- rnanci� of (he- Worl, rn U incorporation ill the Work of''any inwand.i. dug'n, process, product or device %viiii-li is tht- sub±ecl. of patcrit riglits oI op, rights held by officrs. If ar vaniciAar invention, design, pmcesn per u dahe is specified in Ac Contr3c, tor usl. in the Perf0-- mance of [hc Work, iand if'! o the acfual kmovviedge oF()'%ViN' El., 00700-15 ions) * sudh use or oc'(111"'WIcy sliall corrinle rice before insuln-s ,,Wk, Ac pmpqy msiji-ame have annowkdpd nake Aveof and in %voing effected he changes in 7y: i1 ndcV, Vwmd ve,,wbw Vie Anwas PmwW&g At Pm"My Asm ince shaH consent by MWWWmem an the polky or palkies . but be pi-o"ry KSUT-al'ICL' shall not be caticcilell or lapse on itCi :Ulitii - G _Y, (-if any �L!Ch P�Irtial use 01 'CCUPaD', AKrKLE RERONSMIUnES _5jlp,.,rvjsjon and TL CONTRACTORshall supervise and dirmtse WWk CWTIi'Orentl'? %nd effickm1n devoting sunh wtention aivvtL and a"nKg smh skill, and experdse as may be nemstva"Y dz�.nce with -,tie Doc u) pf�r!orrli lh�. ill CONITRACT()R hall be somy mspoflsilble for !,he uwans, methods, (echniquer. and pn,),.trjures Or construction, hot COPITIUCTOR sMH ow be cesPO-il-Sible for the negligence or ethers in the desin or selention of a speQc means, m od, t nique, sequence or imucedure of which is inallicate-d in and reqKred by the Contract Docun;ents. C'.)NTRA(70R 51,nall be re poi�rsibl�� to se d that the i0shed Work complies accurately with the Contract Doculnents, &Y CONTRACTOR Mml] keep an We Wal M all Ones dt,,, tips gmo R compewn siiperinen d,:,:m, vvlio :.hall not ho mplaced without "Kuen notice o OWNER WA ENGIAMER eXCYA UO=eMMOQK"Yd"cW_nStL will be U)NTRACTI)IMS MPMWma&e 01 ow so and s1Q h"c authority to act on badf d CON- TRACTOR. A H communkathns Pen W aw MY"em AwH be as bkdhg as 9 gNen w CONTRACTOR, Labor, Nfeltcriflls Will Equipinent.' &I (,'ONTRACTOR shall provide compemm, 5WWWY tit, joed peson"I to SUKEY and by out Me Work 3nd pu- orm constsaction as mqVred by Me Comma Do"MMIS, CO3.,.jf,R,,�c..,,j-OR snall at MI Gries inaimain good discOline and ordor at the site, Except in connecdon 10th the KNEY or praw.. kn, Or pe"ons ar Me Work or pimperly M Te Sim Or a� c -wise indic-ated in the adjazcnt (.hcrcto, arjrj :, ,thet ` - -fiClirim"d " -f-aQt, Dommems, all Work at the she ssalib�� f�el - Con, duHng r,,ular working hours, e.o(I C 0,," TRA C'TO R. will not Pe r? -tirj�je w,, -k �)j* the ptzrf -)rrT,,ir cc of MQrk on Sao njj[ Oi.,.,( . ), - � z' ) Lirday. Sunday or any legal holiclay whhout OWN ER's wi-il> cortse n( given after prior wi-itlen no&e to ENGYMET 6.4. Unless otherwK, spccifiicd1 in we General HUM -TOR sMA Nmhh and assurne full rl's])On, fn,f�n',�, ( 'Q1\1"F1�-\t.. sit,-)i[ity for all materials, equipment, labor, transportati0flk consnvc,j()ti �.quipcnent and r Tiachiocry, tools. appliances. N , power, light, heat, te!.,,`horw, watzr, sinitary facilities. wrnpornry f, I ,�cilitie� and all acili ics and invWcmals s... R""AW, rXdorM=c,., t3l"t-Up and cot-fipletIn of We Wk. V 60 All mmukhondeqOpmemskiAbeagoor-IMP and new, except m othe-lwise yovided in the commm Doc- --c - - :ON RACIUR AN! j qJFed b%1 E.NGINFA.",R, ( T f,nigh Wisfactary eWn" (ind"K9 =Porll of requAK ttsu) as to lht kind a(ld 91J`111 t' equiprn,_ nf_ All =QiS and CqUipolent sh ill be lippliSel, installed Cot'- rlecicd, treae,"', used, cleaned and condloned in acconkince with Me ij15r:-UC(iOnS of the rr)l)flCablC SLR,l PliCl' 'Xcl.()( Rs i ( r' I'Cnt prcivi6c-d in the Contra DOcU1 S', but no VC or mw smh irimmOims will be dWive W ass! n to ENGINEER. orany ofENG[NEER:s consul ams. agents or- employees, any dUrY of- alla-icirity to -upti-vise oi direct the r,Wj"g v petonvance of the Work or any duty ornuthor- by to undenake responslHig contrary to the pmvisions of pamgmph % 15 or 9A 6. 111 ;tlMM9 Prog,,es.�,4i ell edi I le: f} 6. uo I,-,NGlNY`A"R ifo;- acce Pta nce (to the in pag a� li 2 'm rap .9) L am pi-ogi-em s6edWc to milml Ow mi,i,ci IN -0 of new devolo,,pnients, ajes,_ vvill con,"orn) gnnldt CO %, progmss schetithe 11)C11 ijj,rffttit, im-11 dditionrilly will cornply MKW,,A ." Provsims or we Wrient Req&MMMU V� thereto. SUIORUAS or'DoEquM" Rems: rria,jeriads m- quipment �.v C b 0 us y ingttidw- d a pmKiEwry item or the rmnie oft pa. icuhr Supplier, tile nampig of we om A inwn&d to enAlish the AP, function and qnMy MM? Unku Me name h "nd by ww& in' ating (Wt no substhilin, b Pum%;,, MMUNN M ispomern; &Own S"Mwin rna",; accepted by ENMN•ER I suf6cKc information is submined by CONTRACTOR to olio`:, ENMNEER W deer Mine AW the mawdal or equil)me M prv"wd K equNA"t Or eVal to tha-it narned. Tho� Proceduvc fol' C ',,y ENGri'N" ti T include the rofilwing as supplemented in am Gen;�': M! Requirt,ments R`qUe!AS f-jr rcvi w it: s Of mmerlal and eqWpmem Wh Im, be ncpwd by ENV- NEER lain anyone caier tan CONTRACTOR. U t wishes to Wish or use substilure 11, C' '0 __' " 'h,lil nialke, vv!ia- ri material or equilunenL, C N I l,`tA,,7I10jR s Apiflication to ENG1, r') acce)lance -,erffying tha, the St,Ihsrkut-_, will perrurvil adt�, quately the ftulaioni and achiie` (he re alts called for b,,; We g"un! design, IbL sit! ilar R11d 0'.* cql l su'bstan' :e to that Specified and be Suited 10 '1 i In use as mat SPUC ified. The appliuition w flat ,ne -vahiwion and C_ acceptance of the propq_"SCLI SUrSti'10C "'Ill! 'lot rPf'eJuC;' �' Cor,V•Fi�CTOR's achil`!'�UnCrl[ or SLAMW COMA, tion oti We, whether or not acccpanee of the submilute F chan�? rear tire in the Work vAll require � ,c in any ol We, Contract DocumenS .Or in the PrO"isions of any other direct contract %vith ()WNER fOJF ,v0Fk on the Proji'vct) to I he am vy"Wther Or not incorporwkm ,,)r use orthe substaml in connection or S ,, ,, io par rae-n( of any Vicens: fet M "N k i � 00700-14 5.& A4- -1h. 5'. -°W411 -C-A' aFlor <ic l• rill ntrt Fially 'T-QR-bV E Z'r --46 L ic-ti b4o—i lnou f) tr,�,'Aii :;,our S_ +U 4C the vl'a� nce me'll f'- t beJoVor we woo 6 its; - Q-W. N 5A LL OWNER mW CONTRMADR waQ aH rights against each wher Or till lossts and damages caused by any Of CA Puts COM-1 by !ht' policies of insurance provided in respmwe to parttgraPs 16 and 5.7 and any ol" property insurance applicabN to 0= Workand also aiVe� all such tarn -,hts Dl'Rins t the S 11 ( , ,, n cmcon, ENGN NEER, FAIGIATER)s conwh ants and all other parties named as inaueds in such policies fol- losses ar;d dlanagcs so caused. oks requfred by paragraph I 11. each subcon- nut between CONTRACTOR and to Subcontractor will comAn AnYhr wAve• provisions by the Subcontractor in famraOWNEJT , CONTR.ACTOR, ENG [NEER, ENG1- STER's consHawsand aH other part named as iirlsurc'Js. None of lhF� above waivcrs shad) extend to tharights that ..ny of the insured parks may have to Me pm"As of in'surijil,c'e held I),'/ 0%`,?NfER ais trustee. or other-,vise pIy- abQ undu any Policy so Aswd- ULI OWNER and CONTRACTOR imend that arty rwkks provided A' womc to paragraphs 51 and 5J shit pwtect all Y' le panks insumd and pmvWe primary cmTmgc Or ill Josws and dwmp.yes cau,cr(,' by the perils covered thereby. Accordingly, all such policies shall con- tain provisions to he cf5cc that in the event of Payment of any loss ca damage the irtsumr will have no rights of remvery agaima any of the parties named as insureds or additional insureds, and W Ow insurers mqVm spuaw waiver forms to be signed by NI t= or ENGA NEER4 consul nt OWNER will Amin the same, and if such WAY= S•s are required 01 any CONTRA( FOR will obtain Me un-, of Proceeds: 511 Any insured loss under the pol.kjes Of insurance required by par','qvaphs 51 and 17 wM be adinted vqh OWNER and inade payable to 0,;VN1F-,R. its trllske for Qf, insureds, as their intcrests may appear, subject to the requirc nwms of any applicable wortg:ige clause and of p L I - ara 1ph I OWNER sAN dyosit in a separate account any monq., so receiv& acrd shall dbuibuce it in accordance wit',,l such ` 'Inent ' thf. - a,'!f'e' as k '. �,,artics in interest may rt�,acll. If no special is reached the darnaged Work shali 1;c repaired or replaced, the so recuivrtd 'applief'.1 on accoul-it thereof and the Work and the cost thereof cc +red by all appropria[Q Charge Order or Written Antend(ileni, 113. OWNER as trustee shall have power to adjllst i1n(j settle any loss with the insurers unless one of Me panq in interest shall object in writing wid-6n fiftrn:n days after }( }r: ;-- occunvnce of loss to OWNERN emn&e of this pmnl% it such ol.Jection be made, OWNER as tnmw shaD make 5et-, tienlent with the in occmdmwe whh such agnemer, as the Parties in hinres rnay reach. 1f squimd in w&hg by any party in interest, OWNl-,.R as trust- 2e upon the occurrence of an insured loss. give bond for the propSr per- %mance of suh duties. AmVW=eq7mwwnce:(See VSC-5.14 of the Suppl,,- • mentary Condi 1-1 OnIz SJ4. of `4 a. + Paym-dal III if OWNER finds it necessary to occupy or use a portion or portions of the WOrIK prior to Substanti.al Coinple- tion of A the Walt, such use or O"up"cy malt' be amm, pl khed, in acco,rd'a nee with p.-,nti"ra p 11 14 10: "pro v itha t 'no 00700-13 the Project is located or it ceases to meet the requkcmcnM of pamrgraph .5.1, CONTRAC111"(DR. shall within five days thereafter substitute mw0er Borid and Suivy. hot of which 171-ILISt ble ACCCPlab1C tO OWNER Contractor's Liability Insurance; '�-O Sj C -5. 3 of t h cs SupolpmPritary Canditfon A 5.3, CC)NTRACT(:)R shaVinitchase arid maintain sac() comMHenive generW MAI and other hisamwe as k appropiiaze for the Work, locing peifornied and furnishad and as will provide protection frorn chain-)s set fortl, belovv which may abe mq of or rv;ult from CONTRACTOR's perfnr- mance M hirrOMing of the W',,),,,k and CONTRMTOM other obligations under the Contract Documents, whether it is to be perfovnicd or fan nislied by C( ?INTRAC71MR, by any Subconvacuar, by anyone directly or indirectly erriployed bv any of their to pefforin c)r furnii£d' any of the Work, or 'by 'myone for wh-.->se arts any or tt crn nnay be liable; 5,l a L Minns under work<"rs' �.)r workmen's compcn- sathm, XNAby benefits arid oh... rsirnflar ernployee, ben- efit acts; ME Clairns for "damages of bodily injuiy, occupadonal s1kness ordisease, or death orCONTRAC- TURN wWto•ms; III Mirris Ar da-magi-.s b�CaLlSe of bodily injury, Alknas or dicasc, or doath of any pawn ahu than CONTRACTOR,*s emplc)yc-,cs; JA? Chims Rw Mages insured by persoml injury Ho'bility covernArge whkll are sustained, (a) by any pt-,,,on as a Auit or an oninse cHrectly or indhvcdy mimed to we erno"mem or sisch pmwn by CONTRACTOR, or (b) by any (Mher person Nr any wher reason; 5.3.5. (:13itni for damages, other ?,hao to te Work imel!% because of iRiury to or destruction of Wn§Ne prop- erty wlici•c-ver locan? Kdodirig 533' Of use fCS'Jlting themn-orn; 53A CAM arihigam o" per ntionor Laws orfle- LblatiOnS for Knages because of bmMy injury or death of any person or fordanlag-' to property; and 5.17. Claims for damages because or bodily inoury or death of any person or pamper vy damagc arj,;ing out of the ownfu-ship, In ainte lin. rice or "Ise of arvy rnou"r. v"fliicla. 1-he insurance, requimd by tHs perwgimph 53 shall inchide !he 'SI)eC.IfiC COVe4-rl�',aS and bf writt;tm. for not less th,,'to uh-e HIS or BMW and anTrages provided in the Supplemen- tir-y Cn-ndit or re6;i6md by law, PAMeve( is pemcr. The compi,ch"Mwe general INWHY imu•nme SMH include operations hswanco A H of the policies or insur- UnCr,' N.GUired (o be pwdmwd and oniaituained for ;he cenihomes or other eAdeme aremcf) sMH amwh a sio'-; or that the covcrag-e aflfordcd will not bo wixnkC matedAy changed or rene"M rekied until M Last thirty day.-,' prior w-rivan native hiss been Oven to OWNER and ENGMEER. by certified anvil. Ail such inmi-wice Ad] remain in elffeL�, until final paymem wK M all times thereafter when CONTRACTOR mq be correcting, n"emczving ,x" 13.12- In addition, CONTEWTOR shall maininin mich amVlewd operations insurance for at least 1VV0 Y::Llrs after final pay-ine"i t and for-nish OWNER with cvidenc° of cost* nfaation I)f i',Ich ins.:, arise at final payment and one year thereafter . (See ISC-5,4 of joy v , " , .upplementary Conaions� 5A by poragn.-plih 5.3 will incltide contractual liability insurance applica.b,le CON7rRACAM1Ps obilMons under paragaphs 630 and 631. ir- (' 5 Property Instircuice: Se e il-C-5 , th ru '1 1 J' E h e Su��p I ernen ta ry Co n al i o ri s 5.6. tJ Pfl w',F, Vy- afiJ l" 4w"! El I -an d 4an I, I t"',6 a r)44Y'q te F'da mage, -ri is, 1,4 R! i 6,1f3 5 G44--F�3"2 s f if lik-* 1 o 04 - -Pay�;-ikm P 4'-'A=4 i 4 W-4 4n?'4i4d •I n *; u" ta f I I I i, a P-f) P, 00700-12 4,2.-1, ENIGINE.Elfs lkv&w: ENGINEER will promptly review, the pertinent condidons, deverinine the necessity orobtaining additionni CX`li10raLi0nS ®r!- tests with aMheOWNER 5",54g {with acopy to CONTRACIMR) of ENGINEM findings and con- Mons. 122 PmsWe Dmomp" Clwigm U ENGINEER concludes QUE there is a rmaerhl error in the Conumel E)ocuments or that because of newly chscovcred condi- dms a cMige in the Corwram Domments is regOvd, is Work Dirmlive Change or a charig-C Ordtr will be issued as provided in Article. 10 to reflect and document the Coll�eCILMICCS Of the irMccurit.—y or difference. CIE Pmx% P&w and knie A4wanemy; In cacti smh cm, an Mease or decrease in the Conti= Price (.o-an extension or shoe eining of the. Contract lime. orany combination thereof. ~dill bt, allo,',vablc to the. extent thilt they are SHUMUmble to any such inner - it or difference. V OWNER arty! CON•RANTOR nrc umWe to agree as to arrium cid"Wh Memo[ a clubm may be ran& thuehr as pi-ovided in Artkits t I and 12, Physical Facilities: �CIL Spann WqWMWW& Ise &formation and data Amin m bclimwd V to CoMract Dmuments with respect to exiskinp� lJodergrou rid j%ifid= SLE or contiguous to the site is based on in(*(-).- inntion mo dma furnished w OWNER or JANGINEER by-the ovawrs Much LiMerground Fack hies or by Hier, Lfridess it is otherwise expressly pwo- vidcd in the Conditions: C3AJ. OWNER and E1,4GINEER. shall not be responsible for the accuracy or completeness of any such iriftx-i-naition or- data.; and, 111-1 ClON TRACTOR sholi have fultraNnsh bMI for reAnvOg and checkNg all smh Wmation and data for loeMitts all Underlround Facilities shown or inWeated in the Contract Documents, for coordina- tion dMe Work with the ova ners of such UMergrourid Faziiiav dwhg consvia6m, For Be safe, and pro - tection themof as quyWed in pnnWraph 600 and mpairirig mg dmwgi- thereto resulting from he Work, We cost of all of %khich will be consiciered as hnhg bccn ii; xluded in the C0;1'1-aQt 'rice. CIE Mt Shown or h0kawd 1. `t an Uinderymumd Faci6ty is uncovered or r"caled at or condguous to the :Silt'. , o -n hi the Contact -vhich wn.s not sh ,.% I)ocumensand ,vhich C'ON-JURAC TO R smid nm reason ably have been expected to be aware of, CONTRACTOR shad, promptly after becoming P.-ware thereof and befam perlbrming any Work affeewd Nereby (except in an emer- gency as permitted by paragraph 614, identify Me owne, Much Merground Facily and O wAten nod" Karl to ist own" and to OWNER and ENCIINEER. ENGN NEER wAl promptly review [he %deground FmMty to deternike We extent to which the Contract I)ocurrierits should be muclifled to reflect and document We conse- quences of the cxiswncc of'the (judeiground F-acilky, and We Conarau Dmianents will be amended or supplemented to We cumit necasary. Turing smh orate, CONTRAC- '['OR shad be resporisiNe fbi -Itic- safety a96 protection of such U"eqmurid Facility as provided in parag:-aph 6,20. CONTRACTOR shall be allo,,ved an increase W We Can. imm PRe or an extension of t,?-,e Contract Tkniv or both, to the extt,-nt that they are attributable to the eximence of any Underground Facility that was not shovvn or indicated in the Contract Docurnents and which CONTRACTOR cwAd not masonably have 'bet,-,n ^,xpectcd to be aware. of. usepaiesare unable mag"as to we amount or thereof, CONTIF,1ACTOR may make a clMm thermflor as provided in Articles 11 and 12. Rtymence Pohl-Is: CC OWNER shH ot-ovideenglearing stirveys to estab- hsh reference points for construction wtlicri in ENGINEE,`,`5 judgment we acccssary to enabic (,,0N*fTACTOR, to proci,,-.-d with the Work. CONTRACTOR shall be responsible ror lwy- ing out the Work (unless orherwise specified in the Ganer;d RequimmenUL shall pmact and plawrve Be estAHMd refereme points and shall make no ch"ges or rel-omdons w=ithout the prior wriuc.ri approval of OWNER. CO 1,V.FR-AC'- IDR shall report to E.NG1NEJ,`..R -wheneve, any rc'f. .renc--�, -oyed Cr 'CqUir:�S Ttll,)C.2tion becay.,sc of pc'41)t i's l(-;, 0-. destl necessary changes and shat, be tespon- sAh for Be a uc repheem"it or WomGm of Safi h crence pAnis by profe ionolly cpla(ified personnel, ARTTMJ'�' �--BONDS AND HN'StARANC.E Polfon,nance and Other Bonds; TL co.NTP.ACTO.F. pay- mew BNWs, each in an arnount at least equal to the Contrict Price as security for € ,hC trait 'Z)f'L;1 pe'rform.a.ncc and pay.nwrit oF all CONTRACTOR' oblir-,16011S 1.11-1dCr the Corltrw<t Do cu- mews. These Bonds Shall reni-ain it) ef.FCCtaL least Until Om', year n1lev the date `. }'het final payment becoines due, exc�,pt as irnherwhe provided by Low or QgWwhn or by Be Con trait r)cicurnents, CONIMACTOR sMn Also Nnhh :mil other Bonds as are reql-limd by the Su"knieWary Candli- tions. AH Bonds .shall be in the forms nescribed by Lay, or regulation or by the Contract Docurnenu, and 'ue cxecu e-` by s=h suaies as are named in the c-.ivrcnt list of "Coni- panks f•oWing QrMates of fuxthodty as AccepmWe Sum- has on Faderal Bond i-nd as, Aufxptabk. COIT�- paMcf'as published in CArcular 570 (amended) by the OHS Staff Bureau of Accounts, (J—S, BNAs signed by an agent must be n.ccominniod by n certified copy of the authority to act. ,5-/. the surety cm any i3ond rurnhhed by CONTRAX. TOR G declared a baAru;U or bmomes hnolvem or its H9h( to do busir—ss is tcrrninate in ally. state whc'-_ any par!. of 00700-11 from ENGINEER: however, CONTRACTOR 5,liafi not e liable to OWNER or ENGNEER for failure to won any conflict. error or clAmpancy in to Comram Dmumms unless CONT11,-%CTOR had actual knowledge therecAr AM masombly have known chwof. 3A The Contmm Mum= may be amended to pm- Ode For additions. dcledons and revisims in At Wok or to inodil'y t•c terrns, and condicims Tortof in o" or more a the following ways: TIL a Change Chdcr flounuanc to paragraph 1141, or 34A a W'od, ireCtrYr Change (pur.uanc to plirz. gz-aph to. 1). zks ind Nrattd in pangraphs 11.2 and 111, Contract Pricc ard con(act Timc may only Ina changrd by a chwqt ochr - a YY':i,tcn Am-ndhncnc 11 In addiciom the of the Cwmct Dccu- MCM!tmay be supplemented. and minor vahadow and ddyk- cions in to Work may be authonzcd, in one or more of the rollo"4'ing ways: Ilk a Field Order 1pursuant to paragmpit 9. 5). l5Z ENVNEER4 approval of a Shop Drawing or sampic (pursuant to paragT7iphs 6.26. and 6,?7), or 3,5.3. tNGIN'F ER's cation (pursuant to paragraph 9A). Reuse of L)ocuments., 11 Neither C0NTRAC-Lg.)R nor -any or Supplier or other person or organi-vtfion pe.,fonning or 'Fl4r. nkhhg any of be Work under a dircz., or indirect contric, with OWNER shall have or acquire any title to or owrte.rahip rights in any of the Mwing, SpedfNicat-,ons or )(her docu- meno (w copies of any thereof) prepared by or bearing the seat of ENGINEER: and they shall not muse any of an extensions of the Project or any other project Mow wrimn conscrit of OWNER and ENGMEER and Wmic w4un ytrifica6co or a&.-p-tacion by ENCHNEER. ARTTLE ••AVAILABILITY 0r LANDS, PHYSICAL CON'MTIONS: REFERENCE POINTS A vaunhility o( Lzrutr 4. 1. OWNER shalt rumi•h, as indica(cd in the Contract Docuz•cnts, the lands upon which to Work is to be Pco ncmicd, righcs-if-wzy and tmemcna for a"vs Vercto.ai:d SLIC" other lands which arc designated for ine rase - . ' of CON, TRACTOR, Easements for ptrmandnt strzoures or ptroa_ nent changt3 in existing facilities will be ob(am-d arld p, for by OWNER unless o(orwi3c providcri in tihc Con(rac,, Documents. V CONTRACTOR bliews that any defy in OWNEWs furnishing test lands- rQuasway or mse. m4nts c-licilles CONTRACTOR to an extunAn of the Cur,• Met TA, CONTRACTOR may make a claim thcrcn r as provided I Articic 12. CONTRACTOR shall provide ;0r all wMitimal lands and =05 themro that may be MUM nor rvWoraq construction Facilities or storage Df materials and cquipmcot. PJ`qsicad C&,didons. (see '(SC 4.2.1 or the r�entar,/ Conditions) F.vpjoraijonr and Reporfs,, 4.2.3. Reporr nj D ,,feria qg Conciions: TOR lbclicycs that: 41.3. 1. any icc'nnical data on which CONTRAC TOR is entitled to rely as provide.,-J in p tag= aphn 4,11 and 402 is hamurmw or 4.2.3,2. ph.y5icai condition uncoyl�r-•i 0i r"m1d at the sin diflos materially horn ME Of camd. relf1ccted or refer -izd to in the CQQ(r2X( 0mc"3' mcnM CONTRACTOR shalt, promptly after -'becc-rnins torcof and btforr perfor-ming any Worn'. in conneZ60' therewith (except in an c=qtroy as pamitud by M gmph4 6.22), notify OWNER and ENGINEER Q vmdnl about flic iniccutracy or 00100-10 thereon and all applicable ricld mc- Isurcmcnts. TOP. ,shall promptly report in wt;ting to.E`1Gl tEER any contxict, crror or discrepa ncv which CON-, RACT()l2 may discover and shall obtain a wrictcrl intc.prctw. on or clarifi- cation Crom ENGINEER bcforc proceeding with any Work aficctcd thereby; however, CONT',R -AMMR. shall not be lia- bic to OWNER ER or ENGINEER for failure to r--port any conrlict, cr-or or discrepancy in the Contract Documents. unless CONT:RAC70R had actUal knowledge thcrcofor should reasonably have known thc,:cof. ?.ti, 1Vithin ttn nays aiirr the Effcetivc Datc of the Agrcc meta unless otherwise spccircd in the Gcm al Acquire- menu). CO 1 T:R,ACTOR sihatl submit to E?'r'iCNEE 2 For ie tiv; 2.6.1. an estimated pnogress schedule inr icatin the staxt ng and completion dates of the various sragcs of the Work; 2:6.2. a prcliririnaxy schedule of Shop Dr -awing sub - aussions; and 2.6.1 a pn- Hroinary schedule of values 5or all of the Work which will include quantities and pricts of items ag grtgating the Contract P^;cc a.rd wiilsubrlividc the work inttl component parts in Lifficicnt dctail to S,r °rc as the basis for prosgx -c55 payn-cm.5 during construction, Such p ccs wit in'Clucic an appropri.xtc arnoturt oftavcnc�ad and prom applicablc to each item of Work which will be con - fi,-ncd in writing by CONT?.ACTOR at the time of sub mission. i, .. tiwK'iii -. '. J �.y�q, ��p�y�ke }i�R(ir+d--YO+'}tid SiM.{•"±js{" id .i i w �taGi C`J*c�`,•�: `" ' .. n �,C.i i�-- a,:ci+rira,i4�-- Ia.a�<i rA r--, n I t -, ( a BSc -2.i ,ar tip Supplementary Conditions) YitCJ/'1.Ji7Zll t�*O!S CUNiRfYRt'!: i.3. Within, rwcnty day3 after the ct %cd,, r: Dat.c of the ,g cc'mc,t, but L for. CON"I'RAC, OR starts the 'iW'ork at the site, a confcrcricc attended by CONTRAC -7. OR. E?tC;T , N 'i'_R grid others as appropriate will be hcid to discuss the schedules rcfcrrcd to in pat -agrapil '.G, to discuss pricer u :-cs fete handling Shop Drawings aril ether submittals and for processing Applica lions for Payment, arid to cstabi>sh a wc;rking uadcrscanding atrong the parties as to the Work. cite ali- ig Schrdalss; 2.9. At lchi, ten days before subrrtission vfthL }.rst Appii- c tic:n for Pcyrnmt a conference attended by CONTRAC- TOR, ENCi.>.i`1`E; R and others as appropriate will be Acid to finalizc the schcdulc,i submiucd in accordar.cr with para- graph 2.6. `Cite 17inalizcd progrrss schct ulc %will lbc acct DtIbic to ENGIN�?VR as providing an orderly progr ssicn ct'thc Work to Completion within the Cont,ret Timc, but g;IC:t acceptance will ncitherinipose on ENGINEER rr,cc,nsit ?ilitri for (he progress or schcd,iling of the work, ir:�,r relieve, f'0N- TRACT CR from full responsibiiiiy thetcfor, Tt e firzlizcd schedule of Shop Drawing submissions will be acs rpt<ablc to ENGiNEE;R as providing a workable arrargcrnent r")r nro- ccs$ing the submissions. The imalizcd'schcduic of values will be acceptable. to ENGINi;ER as to form and substxncc. ARTICLE t- ._.CON'TRAC'T' DOCUMENTS: INTE',NT, A: ,NiE`7DING, REUSE lyd.crd: 3.1. •iiic Contract Ncurncoi:3 comprise the enure aa.rcr• mcnt bc:twr -cn O W'r Eh' and CONTRAC 011 conccrnin3 the Work, The Contract DO - Urncnts arc romp.!trncatary; -vfrst is called for by one is as binding a.s if callcri for by .ail. "r',' cl Contract Documents will be- construed in accordan.:c ,vi -h the law of the place of the Proicct. 3.2. Ti is t;hc iiitc.nt of ifte Contri.t T?c�cumrnts to dr:- r,-i't :•c a funcaional.ly rciniplctc ?roicct {or part thcrcot) to ` con- stnsctrd in accordance With the Contract Docurroms. ,,Afiy `,York, materials or equipment that rimy ra.sombly b- :n;crr•cd from the Contract Documents as being required to produce the intended rr..sult swill be supplied a hct,tcror not spr. itic tt;y c tided tor. When words which have: a well- knoSvn ccchniczt or txadc ;'ncaning are us td to dcscriba Work:, ni .tc i. s or equipment such words shall be intcrurctad in accordance. that tnca ring. Rcfcrancc to standard specifications, manuals or codes of any technical society, organization, or assrxiation, onto the ,xws or Rcg,,tladons of any govcrnrncnini author ty, %+'lletitler sI.iCh ref rntry };r_ socciFtc or by irnplic.at.'on, seta%% rTle'an the latest st adard sp-c6fi;aijon. manual. cock or 1..awS or Rcgi lations in rffert at the time of opening of Sics for, on t.hc Efficctivc Elate of the Agreement it" there wcr-r, no Bids), except as may be othervisc specifically stated. Hawtver, no provision of any .c?crcnc d sta:idard specification. manual orcotle, ,,vhcthcr or not specifically incorpparateci by rc +crcncn in the Contract l7czwTtcnts) sh.r_(1 b, cI }cc;tive to ,hc dui:ies and respernstbilitics of OWNER, CON.'FRACIt :R or ::NIGTNT,E .R, or arty of their coost,htants, 4,c! LA cr srn loy,. ccs from those set forth in the Contract j1Ozuincnu, tx:r shall it be effcctivc to assign to ENGINEER, or any of F.i1Gi- NEER's coasulta_nt's, agents or cTDloyecs, any due -y or authority to supervise nr dircct the furnishing cr ccr :,,rrtanc of the Work: or any duty ,_r -authority to tandertak respo si- bility contrary to the provisions of paragraph 9.1 s or 9.16. 0wific:ations and ;ntcr- prntations of the Contrct �ucu;;,cnts shall be issued by :'✓` GTk; E cR as provided in parag .p>, 9A �.�, lf, d:Ir'irig the pt;r;:orrnancc of the 1-Vork, CC3N "i :? 1C• TOR finds a comic'(, error i?r discrepancy in the Cont act Doctimonts, CO"14 T RAC TOR shall so report to FN •INIEF. in wTitirrs aaor cc anti b Tors procc -,ding with t;:c'Vork thereby shall obtain a written intcrpretadon or cla-t- cadon r1U7 0 -9 Shop Drawings-011 tlrz wkgta, diagrams, iliuslrations s- hedules and other data which are specifically prepared by c)r 'or C °l� �s "1 "Rt1t;:'fC.)C; to Hhustrate some portion of to Wok k ,and all ilLastrations, l.x"oc }lutes. standard schedules, perfor- tiimwe Ch$fT.S, lnstr x6mis, dliig;mms and other inforitiaatioii prepared by a Supplier and sub lkad by . CONTRACTOR to lil Strate ltarlerial or e upirn:Rw some p &n of he Work. Specorati..ans— KhOse pcartkins of the CContrnct oc'umerns consisdrig of wiitten technical descriptions of rnateriia!s, equi;Gmem, ci;,tCl muction syst.enls, standards and Svoikinan- Aip as applied to the Wwt and certain at lQnistmtiv details applicable, bh.rto. .yubconiroctol - - -An irldNidwl, Ran of crarpora ltbn 7 "Ag a dirent contract with COINTRACTC R'' or All my ether Sub - cmr. ctiw for Ow pei-fonnancae of a part of the 'rYork at the Sitc:. St +f)Stl;:7rtC14iJTT? Jar' rf'!?--- Li ',i`- �'� %f8i;t-) {"tq.SpCcitki ith(f. rear) has progressed to Hie point Y4-0re, in Be ota:7lt?I:�o ti:NGN N;,ER as edden . d by }:` G1,.`;EF.I 's definitive c rtih3 ate of Sulasmnl ,'i ConiplUon, h is st,,ir.iendy compiew, in rl ccrciari�c, with the C:trctsact i7ocurrie_nts, so that the ti 011 roT specified part) can be t Tized for the purposes (or NvIlich it is intended; or it tha; e be no with cE rtilimue issued, when Aml payment is clue in accoT`.:i.ztice '.vith paragraph 14jj. The tt *ns "substaanii lly c.ot pVc and `subsmnUally Conti'. P md" as <as)oRd to any yl, ern m fer m Substaanti al C:omoc- bw Tereat 'Slipp'lem,entai a C n tr :'(m Thc pan of be Cont ' Docu- rn .nLs which ailiends Or tt ppl,,,ments these Gene ,t..t Ct oln- lions. . Tripp 'er'- A rri anula .';uie t, Ca t,i�i'c:iator, stipplien Asthbutor, nime'_rl';7l(nall or vel)COf. n; °t rgrc..rri<, f t.'(al +ii s -' • a it pit Rins, Conduit,, del y Ciibi 1tlT is, rTlitG.l.r)I{'ii, . aults, iairlk,L"i, t!r,lne'l`: oi' other! "Sii _l, 1a cilitia> or ztL chrrla'C= and ally containing Such fta 0 it!(:5 which have l f'en mal.hed U 3idli"L,'rLwid to furnish any of be following services or mati ria s: chat city, gases, Vcafn, lie }l. d petroleum .products, tr,.;ef,hOne or OBer cOnIn'Unica- t'i- tab, cal;a, iJ_l'visioo, se iag.e and diaina e r- emoval, traffic of, oche- control yi E.tcrns or water, iJ ='ear pri( ",v Work ...'.Wori. to be paid for on the basis of uA prices, `rLfat e. - " "(' lC etitirc corripkr,cd {,.on,..ruc tion or the various Set? - a aT.rly identifilable parts ,.`ic;.reuf reydred to be furnished under the Contract .Documents. ',York is the reSillt soli Per- forming str tikes, firnishing labor and furnishing and inc;or- porcadrig r iiaer'lals and e(Itlt})rSTent into the construction. ail as required by the Contra-c, i.. ocurnents. Stark DKectNe Change--A written direcKe> to CONTRA? TOR, km ' d on o r arfer the Effective Due of the 'S.geemeew t:i,tr 5 ,ned oy 0YVNEiR and by ENCH i1 4 R. oMeNig an addition, deletion or revision in Be Wolf, or msuandhg to di_i tHng or unnimseen p hyMcail condhieons under «pith the Work is to be peIf, rill ed as provided in par; gmk T2 or 43 or to 'vin rge eies under pamgmph 601 A N';'ork Directive Change ii ny not change Be Contract !'rice: or lh( Contract lime, but is evidence that the 'powdes e.Lpect that the eclwn�te directcd or doc'rlmcnt::d by a 'Nor1C Chailige :gill `e incorpora d in a subsequently is wd Chang Order following negotiations by t,le paartif_S as to its effect, il' any, on Be Contract Price or Contract Tirne as provided in "ap-graph 10.2 yrrNC' ?r,ln r a.; +rifa l w itti n tatne. ;den of (hc on(r s':t Documents, signed by O ht3. R and CONTRACTOR RACTOR oil cu after the effective Date of the I13 mentert and norlim ly dul- hig `.vRh Be nonerigineering or rather th n strictly work- related aspects of t'tic Coi)tract Docu flier) ts. ,Al {"i TL E 2--- YR_.,t...l'a11? ARY 1 i t l l 1. RS Dobvin ofYollts; 2, 1. 'ti' +hc fi COJ v l 3. �C OR do ltvt :; :1 c.ws.limd Agme. nar lts to OWNER, s„ C(� ^d t?ZAC 7.OR shall 'Tiso { li. r to OWN ER st7ch Boi is as CONTRACTOR maybe required tc 11irYdsh in ac cor dative wkh p >r ata_ mph 11. - Copies of TDocumc;ci<z 11 OWNER shall Cumiish tc) C'ONTR,AC''1 OR tip to Celt copies (unless tithr:n0se specified fir, ilia^. Suppie:ne:nta. y C'csn- ditions) of the t-.t?nUMCt .iOCUM ?'TTtS as are rt;ilSOnai iiY nc'ac.' essary fc)r the execution of Be `;irwl. Addi`,.itlnal copies wi i be furnished, upon requev, at the cost of re_pmdtation. Commencen.' nt Q,, Conin.rct Tinter; No(ice 10 Proveed: 23. Thc Contract tii"ile `."Milt to real oil to llrinic§ day after be l;CI.,ti`•'c' Gate of the Agmenick, or, If r1 Nod" f' t!J PT "t1CZ£'.a IS g74`e fa,. an One day r Iil e.7 a "<a. i.0 ri` Ti, f4atice to Strocecd: ;% Nadu to l ot.:.f.il may he jyvetn at my, O rne.:; hWn Grey days aftet the Effective Date of 11 L Agree— }E:S:c'.' s}'i'.'E?-t7i-E =>i,- Yea}.# f .ii'l i?-fi2. Y^'E?z"et.t : :?L•." tsY f'. [''r`li' ?ti rlR�; ?lt,;`'• (yr -: Ei2.�tl.. ?i..c"+:".'rdr1-� �i1 : f=i' =3� � irx'i =,.4� 1� :. : :•'-'c,+: ..rC..r�''� -^'+ r :c.'t'it, F fraTatli -�;nns j 9=5W Me P itct: 1C ICON i TA.... TOR shall .tart lr5 -i)e. Amn Ke 1 :ON On t ahe dwe vVen he ::orl'iniences to mn but no %Vork ,h =ill be done at the sin pri {ar to the dote an v ,kh the* Contract fink. C:r.? nnicric s io run. /3efore. StLartili Cons4ruc.-tir)nr ?.-. ( cCi'.)rc undertaking arlch ?errt of thv: V ork. {_ON' TRACTOR Shall ::f:.i"eliil j Stiidy i. d {lmlpa e Qu C:7rif''t A L.murnSnts and cheek and verily pertinent Rare, shc,viT 00700-3 GEVNERAL CONDITIONS ARnCLE [-DEHNrnONS IA'nerevef used in the'�-.e C:,enerul Conditions or in be other C.0,1111-ac" Docurhtents the Following terms have the rnca&ngs indicated which are to b lt-1 tile siflllul�';rand Plural OMW& ten or gmpNc Wsmuments issued prior io the open Ing of BWs %Akh duay, cmuct or change the bidding, - I 111-aCt diocunicnIs 'ot dic C'o; eC - •MMemoo-Ahe, wHmn ageemem between OWNER and CONTR:'-,(.: I OR covering Me Work !cj Lw perforrned; other Comma Dommeras are attached to the Agreement and made ct,,c,e,,.-,ras t„ -irl- AMA""% Pw PN"emr-The Forrn acccp(e-d by {'(ti ;1- NEER wh0h is to be used by CONITR- k(-YOR in requcstinL pnjWvss or heat payments and ;0-ikh is to include such su, porting dmumenfratzion as is I-equircd 1--iy thL,- Contract h n. to e hiddc.r sttbmitted on the rj-Pw offer ( prescribed Aim smay forth dw prices Ar the WON U) be perIsmed., -,lj(il)I - m entary Conditions, B,,A-BW, peobrnlarye and paymun bonds and Nhei "nowments of secusy. C-ha nge Order.-A dkncurmnl 1-!, onvncmded by HNGINEER. El rizes an addition, devion or revision in the ,Vork• m WI ii ymmem & We Comma PfQe o"he (7onunci Time, Kok on or after the Effeclive Dat,,,,, ofth -c. Agrccnient. C , -The AgreCff-xnL,,,%ddenda (whichper. I D�xurn�-nts), CONIFIRAC"'OR's Bid 'Ain io Uhl,.' Coot. (illoWding dmumewation WcarawlK, the Biel ter any post- Bid duumentalimi submined prior to Be Noke of War(!) %own fraused as nn ex= to the Agr-emmut, Be BONS, these General Conditions, the Supplernentalry CMWIMS. the St MU&Mkms and the Drawings as the same are rnore spe- ei fic"fIly identified iff the Agrccrnent to� �t�t!Ier with t all a iend- menn, madficohns and supoements issued pursuant to palographs 3A and 31 on or :altar We E-ffcaivc Daiu-. of the Agmcmelw. (-',many Pke-TY.- rnowy, payable by OWNER to CDN- T P-A., CTO R u, the (.'ontract Do ut T Ic"l, l s as S MCI A, be ywect to te pwomms or pammPh I is i in the case of UP P&c WOW. C Dm-w, TWe.-The rn-anber of days (computed as proAded -H- I - in paramph PA)ur Me "M SWINd 0 the Ageeinzni for the connpfletion of the Work. (-6 Y—A persom hrm or corpomoon with Qwn OWNER has entwedimo Ge •gm"Ient. (jt'fiq,-,jve-All adjective b ;S,hich �',,,jljen njodifying the,,vord 'Nof-k rei,ers to Work that is unsaiisfbaory, faulty Or deficient. or does not contro,'(11 10 the D icunlcnts, or uloe.,.; not men Me mq&mmcms of any inspection, slandard, tast or applvval reknTd to in Me Comma Dommalls, Of- has bun dnmpd pHor to ENGINEEPPs rcepImmendWon dNw Payment (Unless rcspoosibflicy fol' -flneprotection thereof liaa been assnined by OWNEIR, at Substa III ial 'Colllpletioll ill accordance n0h pail mirth 141 tar IC IM. sh-ow th,-- character and ,scope of the 'Mork to be ;Icrforrned and which h."Ye been Prepared (,)r ar,,rwoved by ENGMEER and are referrer; to in the Con- van Emcumems. §QvTly Dare qOhe Agreement-wFhe die indkated in the Agreet iml on which it hc,-ofnes effective, but if no Such ;ate is indicated it means be date on which We Agmmnwnt is s d and ddiverk by We AV of Uw two Pudes W sin am.! deliver. ENGMTET-The J)CI-SOTI, fl."MI Qr:-orporation nmrned assuc h in the Agreernc.m. Field Order•A ,vri-,cn) :order- issucf:t by ENG IN R which orders mhur chan.ass in the Work in mcurdance vAth p8ra- pmo qj but which does not it a change in the Contract Price or the Contract Time, Gemeraf RequUmenIA-SCUMS ofDivihion I of Me Spmi- ficathns, zAnq and RrgWaawls; Laws 1'r R, eg o In I ion; - - L-aws , rult"s, regu;,ations, ordirlanr-cs, -.ode:- and,or orders, -R to N'otice (,f An',,,,:rd-ThC %-.deft ))"7" OWN]- bidd?-r stating, [,at t;po fiC7 IT pliance 1.), the appanqft successRA Kidder with the condhims pmcpdent enun-lerated therein, ati,ifhin Me OWNER will sign and de ever dle Agreemcrit. Notice to written notice givem by OWIN'ER io C 0 �-- I T R A C T 0 R (w R h a co p Y t0 E NG` I NF E i ,) fi, ui t I 11 C on which the Contract Time will we n'TI'lence UD run -30d on which CONTRACTOR shall start to perforrn CON"'RAC- TOWS & WII iorls U f1der the Contract Documents. pliciic body or a,.ithor-i(y, corporation, aSSO- ciation, firril Or pee -;Qn wit!) W17,011" CONTRACTOR ha ntcrcd' imo We Agreement and for whore Me Work, is to be prod ided. Pwried LhKawn-olacin"g, a portion or the Work in Service (or Oe purpost3 for which it is jntt•di d (or a retated PI-H-Posc) before reaching Substantial, (.-ornple(ion for nil tile 'York. ai. v,?hich the 'Xollk, '0 IOU! CofjSIrUC�i)f1 , pmQ"d mWer Me Am"! Emcumews may be we vook, Ora part as indicated els-vi'lerc in the Crgiti'aCt j)OCLIHICII(S, pesicjt,m: autholnized represen- ta&e of ENGINEER -ho 4 a"N"d W tk ske " H" era bemotl (Sve 1W. 1 Of S"PNM.tWY carvi tions) 0 +0700 -` 7 She, WAS ro—My EWincer 91 Spec Ac ations-4 vAn Von of . .. ....... .............. . I Smarng Convmchm Elefor. . ..................... . M-2.8 tj"e ............................ 2A Sm"ing Work—ly CmiWwwr . . . . . . . . . . . . 151 Sto"ing Work—by Owur ...,.__ - >., ...... .., 1110 . ... .... definition or..,.. _ . .... __ ........... I SL)bcontu-aciors ---- in general .......... 6AA I I Unit Prim, Dewminmons RY ............... 9A") Use or premos ... ................. HA Suhistantiat Comptchon.—cenjanOn of ......... 14.3 SOmmaial Complecion--clefinhion of . .,. .. ... .... I Subsdwte or Dr•EquK' hams ....................... U SAwrfRe CmxlWom 4.113 SuppOnental costs.. ............... ...... S, Supplementary ol . ......... I supplernen ary Condition q?rinc.-ipal aferenes W .. 12. 41. 11. 51, TUT, 13, 1 It 613, 7A 9.3 Suppla:-ncntjng Conir,.,ict Docnmtnl�s 3Aa5 of.— ......... — I s'i:brcnues to TO It 6304 610, 1114 It I 16A 1 TjTC K 11. to p�nyrnew it & K 14 has no •wy to . .. .. A13 Surnqynmice to ....... .......... 10. 1, 10.5.45.2 Survy--clual1ficadon of . ...... 5•A SLJS!)c'n` 5 1pyembn or Work and Terminwim, in. gcn,�-.rF.d ...... 15 �4 s pu 1102 1. ti by Coraravor ............ __ (1....1.5 TemOmfiaw—k UnImcwr , —, .. — — . .. . . Gj TaTintiarr—by O•wr ................. 15115A TunUukm Suspensio,ri of !t an$—An geneml .. ... 0 On and Inspecdons ....... ........ 132131 Ti;,m.!, Chang' of Contri-ict ... ..... _ .... 1'' 6mv QmpMwon of ........... .. ................. 17.2 Tme. Corman—Moon Or, .. . . .. . . _ . , , 1 Ulncove% Work . ..................... ....... y v, Urlerqvund FMARo—AcWhiun or... . .. {AT t... Undagrond shoxn or indk;,vtd ..... -.3. Ljndt1-j,'R)Und F-*'Ciii(i: --,,,,,—r)[--,)- �-'Ciic7rI of ., . ..... _ 4. 3, 6,20 Undergowvd Fadhh_,s---sh,,,.,wn orinc.lic,'.'ited ......... ...:.1 LKA she woA.wown or . . . . . . . . . . . . . . i Nk PRe WON—genral . . . . . . . . . HA l C L ld.5 Unit Pries . - . - _ . ........ ........ . -, - , . -, _ .. — 11 al Unit Prim, Dewminmons RY ............... 9A") Use or premos ... ................. 6A61,18 UOTy own us 6AT & 21 T2.7.3 Va,lucs, Schedule of mc 21, YL I in %Voik--Auihori,,,e.d ..... . 6.25. 6. 27, 9_1 VARs to Shn—by Enynur 42 Waiver of Clairno• on FiN Pqmunt .........., y v, Waiver of Rights by Ismod putt s . . . . . .. {AT t... Wavrarvty and Guzuntco—hy Connucky ........ III Wwrawy of TWv CommunA ... . . . . . . . . . . 113, Work, Access to . ... . .... ANot—by whom 7 Wad Camhuhl DuGg Dharn .. . . . . . . . . . 619 Work Cost of .... .......... .... ... ........ U. 4 -11. 5 Work—J("finition ;_-if ....................... .............. I Tel [Arective Work Dkec6w Chnoge—yrimipal referenacs to .................. 3A3, 116112 Wad. PhgkcMd by MmUor — — — — - — - — — — — It ll� Work, Stoppi ng by Owner Wrkwn Arnt.-ndrnent deftl'Wion ol" ....... ATOwn Aumndnnent—THndptil munonces to ........ . . .. . .. M 1 "a L It 00700-6 GivinvIN D(ic,: ......... ............................... 11.1 I (;FUarr,Itc.,, of tVorrc -•�.} t..t3n;.ractc�r ................... 1�.. Indeml iit;a wn .................... . ...... . . 630-632,7j Illspenon, Final ...... ............................... 14.11 Inspec,,ion1 "1esks and ............................ -. 133 Insnrancc, I3gnds and -in general ........................:5 ................... I Inaurancet, Certincate.s of ............. . .... . . ....... Lic hility lnsur.f?ce--- Con(ractol`'s ..... 1 t,. ............ .... `. Tnsuranc"e, Commczar's LKNIity ...................... 53 .Insurance, Cont.,.a,tt.!al Liability ....................... 5,4 �trisurance, owdner'S I..inbihLy ........................... .V,.5 I nma-ance, Propeny .............................. "AA Insurance ._`,',`' iver Of Fights ... ........ .............. 5.11 Intent of Contract hoct:nnents ................... 119A4 Intryr,Trezatir?ns ind i.;lRirif7ctaiL,ra ...................... t +.�l i.rivestigations of ph ymc ai conditions .... 4.. :., 1..aI)f-:r, P,at.r,�s,s and E•.c1ul;)r:Iie,rt .............. .... 6345 L ws and Rega(ations-- __dc;iinidon o .. ................... I La vs and Regulations general 6.14 Lic hility lnsur.f?ce--- Con(ractol`'s ..... 1 t,. ............ .... `. L AbRy i.nst- trance -- )ti{•aTer's ......................... 5.5 . ............................... 14 i.,in.itations oa f.t? incet'S 1 110 t,esponsibivks ..................... 6.+5, %IK 9.1T9A6 iV14;tc`['% and ecIllpment-.•°•fu nis edbyContractor ..., 13 blaterialsart_I incvrpotated in 'INork 112 I late -ria13 or L' ;t_ �;..l�c.r,(._..aci,i ` le :rat i hUsceHan'em. pw ai5ions ......... _ ...... . .............. 17 s'fLliil-p6me'. .om acm ... ............. . ...... ......... - i Nmkq OtV% of ...... ............................... 11.1. Notice of acceptability o PrLsjec ................... 1,3.13 Notice of AwruK-a cM ition Of Notice to Voceed--- dtNnhimi of .....................- 1 Notice to 01 . .. . ....................... 13 "Or-Equal" :tti t7nS ... , . , .........1-1-1.1-1-.. 6." Mher cantrach 1' ................................. ...... . 0(her etior'.•:.... ............... ......... .............. .... , Gni•tin,e W: ;rk......pruhiuition of ........ 6,3 OWner_. .... .dennition of ..... ............................... ! f.itkner May Correct C' +e'Jf dive %Vol "k ................ , . 13).1::t Qwner play Stop Mar .. . . ...... . ................. 1 110 Owne r Addy Suspend M,"k, T!.. remit?£!; +i. ......... I Y. i - 11 i C),.Yner 5 I.)UiV to E-XCCUtC Chilo ,C OrderS .......... - i l .8 Physical Condidom -....i lee and tune ad,justmenm , , .. 12.5 Ow?'fer's l?epresent<.- dve- -h nrrinet':r to seve as ......,. 9.l Own +'.tr c Ru;)UrW3?i1lt.ILS -;n g,anert .................... u OwnWs Sepamte I:et)fe:Sei'iit ", ?tm'v "! Site ............... 9,3 Pard, Lktlix:atii,.n 1".10 Partial l?tili ;tiltien- c]elini[is?n c.3f ......................... 1 }'ait!al Jt111 ?[li �n-- PiOlier( }' !nS(i.l r:3 nc(: ............... 1 Pat;nt Fees and Royalties ................... -..,.. 6.i2 Paymen(s, Recurnnwndat n OF ..., la.=t-- tk.'t. 111.3 P:iyrnerlts to Convacton in gcn rat .................... 14 .PUyni nts't0 C'4>ntrsactor --- -when dire ........... 14,41, 14.13 Payments tO C:ontractor- whhhuidOg ................ 14.7 PCr'fUCn?anCe 1inS:I Otaef' i3Or1Cis ...... , . `' l ,c � Pcrnuts....................... .........................jr6,13 Re'. and Work at SA ... . .......................... Physual CondRions .- ... ...... ---- ..........., 12, Physical UndltaUn:> > -_..I l.ine2i" S review ..., 2.4 Physical Conditions-existing sirUctures .., ......... 4.2.2 Physical Conditions - t :plr.,raticros and reports . , . , , . - 4.2.1 Physical C:Ornditions-- 1)ns >ti;lr: document chs nqe .. - . 4 Q Physical Condidom -....i lee and tune ad,justmenm , , .. 12.5 Physical Condi(ions-- • -i'ep )rt Of differing, . . ...... . . .... 4 -.2.3 Physical Candicions-_ 1?n.Iaground Iraci)ities ..,....... 13 Pnconstruc( ion. Confere=e ...... ...... . , .. , ... , . 18 PrehtlL mq ?J1.atter's .......... . ...... . ... . ................ '7 Premises. Use of ....... .......:.......... ..:... . t5. ]65 8 Price, Change of Convact ...... ........... . ...... . ... 1 I Price •Cofurar.;t---- d::finr:.ior; of ............ . ............... 1 Progress P"nwnt, A;)r>limdw hr ........_ .......... W.2 Pmgrows P"mrent -re lir ,fit.• ..... 1 .... . ............ 1 .i Progress schedule ............... 2.0 2.9, '5.6, 6,29. 1:5.2.6 Proje.ct-- definition of .. . . . ... . . . . ...................... project t:e;Irres ntatic,r:. -_., rc ?vi ioi? ,'!:Ir .. . ........... . .. 3.3 Project Representative. R':sidenw-- dehnitiono .......... 1 'mil "E)JS't:`, Starting On ...... ............................... Propel-ty InSliriiriCC ............................... 5.6 -5,1.3 r« ke r l Ir:l(n Le - 3 .ti-A U(il zatiCM 5A5 I'r "c)E)ertS +Insurance-- .T:::_ei„t r$ncf Applie.aiion or Proceeds ..,... ............... ......... .. 5.15.13 Protection, Safety and ........................... .. (5.20 -6.21 Punch list .......................... ................. 14.11 Rect'i'. mG-nd' <.don of } "Mew 1 d t• 1113 12GCJi'd Evoctstvars ........................... ....... 6. 1y Reference Points ......... ,, - ....................... ...r Regulations, !..times and ............................. . . 6. 14 Reje:ai'1t;1)ej wive 'Work ............................. 9.6 Re'. and Work at SA ... . .......................... ?. 143 3 i?emedles Not Isxcltls.,e ............................. 114 Removal or Corre Ah I AN &" I .-k .. - - - - - , Ill] Re.Sidi'..nt T'Qew Aprese nt l(ive.......tica rlii'sti ;ri ;)1i ........ , 1 Resident Project %.ri1t,resc artiv _....r,teTV s ?ari for ...,.. 93 Ce5 })Unsii)Ili(tBS, i )Ilt= ti`CUr "'S l ±'e ^u.rs ":: 6 Responsibilities, Ennini - s- t t_r:neral ..... ............ I ReWOns,xT1litic s, {)wwrs- --in 9"v:. . .. . . . .............. I RC- t11n$4y`e .............. ............................... ti .2 Reuse of DOC(!rnents , .... , ...... ............ - .... 3.5 RIKoftaray .............. ............................1.1 ROyal,rc:s, Patent Fcttsane ........... ..... ... ...._.,6..- Safety an4 IProwcunn .................. 611621 Samples ......... ..........--- - - - - -. - - - -- fj 231.28 ScheduW of Frver ss 2.6, S 2 -9. 6,6,6,29, 1j.2,6 Schedule o 51'toca I:rawirtft subnnissions 2..T M22 6.2:1. IC Schedule of v'alucs I MIT It I schedules, k'AWAin ......................... - - - .. 19 Shop ()rawir gs and Samples ................. . . .. 123018 ,Shot? Drawings - definition of ...... ,, Shop .I71'..?tiAilgs, Use to apprayc, vTstttudon; .................... ................. &T3 00700-5 INDEXTO GENERAL CONDFTIONS Ankh ew Paragraph Number Acceptance of 1swune . .. .__ . ............... 5,; 3 Access to the Wcwk ... . ... . ...... .......... 1:,2 Addcnda-dtfi nicion of (see, d.tfi nilrc'm of M4 speciRc000ns) .. . .. . . .. . ........... 10 Agmernem-Aefinition of ...... ........... 14,16 All Risk Insurance ............ ....... �i. 6 Ainendinent, Written ....... I. 3,1.1 Application for Pn)fr;ii2tit-..-ci*t,fai,i(;i,, of .................. 1 Application for Paymerin Qual .. ................... 1112 Appllcmion for Progress Nymna j4.2 Application Nor Progmm Parnew.revOw of I CU 4.7 2\rbit.ration . . . . ....... ....... .... ... ............ I e,s AU,h0riZCd Variation in Work ........ 91 AvaHabWcyofLwids U Award, Nlod(:(_: or..deHned .. .. . .. . ........... I Re.,fore Starting Consti-uction ........... L117 Bicl—MAK of .... ........... ............ Bonds and Insurarlo:-ir, gerieral ''. '' � ......... Bomds—definition of ........................ .Bonds, DOWet, of 5j arid oih. "j . ......... . . . . . . 1142 Casht A11�6%vancw . , . .. . . ........... .................... 14.3 Change Order—definhion of .... . ................ - 7 Change Mers-4a be execumd M4 Changes in the 'Mark 10 e it .......... chimv "Over otl. on Final pay!,) 'n 14,16 (AadficUms wA InUCTmWAws 9.4 Maiiing 6A7 C'ornjllcti'<Irl ................... ......................... 14 CompleMSub OaM 118141 Conference, Preconstrucdon ... . .... ...... 2A Con."lict, Error, IIA2 to Room . . . . . ............... __ ...... __ 2-5, 33 Construction Adachinvy, Equipmem, etc. — ....... _ 04 CmAmirix Wok ... ............................... ..6.29 Corllr-ac( and supplanlen"g 3AX5 of................... _.. I Conuact Docrinients.—Inten( .......... 3.1.3.3 COn(TaCA, DOCI_Hnen(� RCU;C of ....... Conwei Pace, Change of Contmo (rice--deRnitimi . .. . ....................... Comma TiMQ change of ........... 12 ConcractTinie, C-o-nmv-,ccrilent. of .......... . -1.3 Contrac, Timc--definition of .......... I Contmcum—deUkhon of . .. ................... i Owmaw Nhy Stop Work or 0mlinam ......... 151 Commcwrl Condmiing 01,11mion . . . ......... i 5 Contractor's Doty to Rer:iort E)iscrepomcy in Documents , ........ 3A Comractor's Fez- - -Cosa Plus I IMA 11.11, 1 MIA UMMUMV LANNY imurmwe ControwwK RewNjnsijih6t s---iti G;,,-nernl ............ -Contractor's %Varl�.�w� or,fide 14.3 Coritractoi soi he r .......... ...................... - 7 Co)..ractual Unbiliry t!!S?.irjrlce ... ................. 5,11 Coordinating CowravorAckkian or . . .. . . , _ 7,1 Coordination ...... ........... ........................ T4 COPie'j 'If DOCUTI-ler)Ls .... . ......... ................ 2 � 2 Comemion or Removal of Mccove 'York .... 13A 1 Cllr reation Period, One. Yen. .. ............... __ !3.1, Correction, Renioval or Aced} iance of Defective - 2.2 WON - -in general . ........................... 3_11-1 3. 1 Ji CAml-nadecreme IIA2 Cost Of Work ..... ...... _._ ...... 11.4- 11.5 Coss, Supplemena'al ................. __ ... ...... 11.'1.:) Dlay—dcfini ic)n of ..... !)e %i. tivr -- definition of DqTcMT "IN, Meplance of ........ ;,. . ... _,_ I3.13 Ocr ecfive Work, Contshn or Rcmaval of ....... MI 1)qwaNe wvM*-qn generfd ................ 13, J4.7, !-I'll Dejf'e,,!ir've 'Nork, Rejaciing, 9,6 Definition's .... ........................ - I DCHYMY of Bands ......... ....... 2, Dewninadon Or W PH=s . . . . . . . . . . . . . 1 i Disputcv l5chions by Eninew ............ I I I Qj 2 Docurnents, C'npics of ... ........ 2.2 Documents, Record ...................... 6 A 9 Documews, Reuse .. . ....... ... _ : ...... ........... '..E 6 ............ .................. 1 EaSt:lnent,S _ .... _ ...... .................... 4.1 l'iffecirve Me of Anmerricrop-Mnitwo oF ,, . — , ... I Emergencies 612 Engineer— definition of ............ . .......... ....... 1 Elyn"es Decisions ................... I 119,12 1" Enf?�ineclv-Nwive War k is Accelmalok 1 C 13 Endrew! Recomma6aticm of Payniew 14A. 14..13 EybeerA Respondivilik, LNOmworls oil . . ............. 9.11, 9, 1 3-9� 16 Eughwcr3 Ste ws Dwhng Corimmedory-in gerims . . .. 9 Equiprivent, Labor, 10mvirds and 1106 Equivalent tMaterials and Eqtlipment 6.7 ExowaRn"f ppskW cwWW"s . . . . . . . . . . 4.2 Coil 'rac to r's—ACo"', S Plug ....... TeW Oder-cfintun of ............ I 1"i e 1 d DM—Asrred by E"Ve" it L 9,5 Fhall AMI�cation for l'-wynient ... 1. . i-;, 1 -11, Final I n's p': ct j () n . . . ............... .. ......... I I FAA Pyw"t mW Accepowe I IJ F'inal -Payrnent, 1-1 General 1"rovis1415 ....... ........ ..... — 17'1,1'7.�, Gonad ......... (.')encral reNrences u) . . .. . . . T& 4A, Of E. 603 00700-4 T-A.131-E OF CON"J"EN'T'S 01 (J]`.'�NERAL CONDFFIONS Article ,Nt,,mbei- Title pqf.�e I DEENrNONS ........ ............. "i 2 PRELIMINARY MATTERS .......................... 8 3 CONTRACT DOCUMENTI AY E,NUNG AND RE.USE .............. .......... 9 4 AVAILABTITY OF LANDV PHYSICAL CUNINTIONS: REFERENCE POINTS ............. 10 5 B 0 N D S A ND 1,NSUl rR A N C'E ... ........... ........ 11 6 .............. . — — 7 OT11:1EIR WORK . ................ ......... ...................... 8 OWNER'S RF.-,SPO,,'14SIBIU ros.. .... ........ .................. !9 9 ENMNIE'ER'S STATUS DURING C(:;NM'RUCTK)N ......... 11", 10 C11ANGES IN THE WORK ...................... 21 H CHANGE Of' CONTRACT PRICE ...................... 21 12 CHANGE OF CONTRACT TIM E ....................... 24 11 WARRANTN'AND GUARANITE, TESTS A INSPECTIONS; CORREC7110M REMOVAL 0,, ACCEPTANCE OF DEFEC`nVE WORK .............. 24 14 P.AYNIENTS TO WNT RAC: TOR AND ....... 26 15 SUSPENSION OF WORK AND TITUNIIN4,.-I'101,14 ...... ....... 2.9 0 A R B A R AT] 0,N, ....... ............ ......... ...... 31 17 NUSCELIANEOUS ............ .... 1-1 00700-3 ,W983 National SocietY if I' yw2%e N,.W,, Washington, D.C. 70006 Arne'ric-M! COOlUltiti? ET1,00leell Ceu-1-1cil em S,,rems 'WaAinglon, :y 20005 yip t 47dh Scce.et, -N York, NY 10017 Conmrucdon SpeciRcalkions lnsdwte 601 Madison SO WondA, VA 223 14 00700-2 00800 SUPPLEMENTARY CONDITIONS These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (EJCDC No. 1910 -8, 1983 edition) and other provisions of the Contract Documents as indicated below. All provisions which are not so amended or supplemented remain in full force and effect. The General Conditions may also be supplemented elsewhere in the Contract Documents. The terms used in these Supplementary Conditions which are defined in the Standard General Conditions of the Construction Contract (EJCDC No. 1910 -8, 1983, edition) have the meanings assigned to them in the General Conditions. PART 1 - MODIFICATIONS AND SUPPLEMENTS TO GENERAL CONDITIONS SC -l. Add the following, to Article I - Definitions of the General Conditions: Bidder -Any individual, partnership, corporation or joint venture submitting a Bid for the Work to be performed. Resident Project Representative - The Resident Project Representative (RPR) may be assigned to the site or any part thereof on a full time basis or only on a part-time basis. This will be determined by Architect's Agreement with Owner. Add to the definition of Substantial Completion the following: In addition, the CONTRACTOR must have provided to the OWNER: (a) all required Releases of Liens and executed consents to the assignment by the OWNER to the other governmental entities of the Contractor's Warranties and Guaranties if requested. (b) proof of approval and acceptance of the Work by all applicable regulatory agencies, utility companies and governmental entities. Provided, however, if the CONTRACTOR can demonstrate that a regulatory agency, utility company or governmental entity did not respond to the Contractor's request for inspection or approval within a reasonable time period, or if the regulatory agency, utility company or governmental entities response was delayed due to factors beyond the CONTRACTOR's control, the OWNER may, at its sole discretion, determine that some or all of the time attributable to said response or inspection delay be excluded from the calculation of time for the purposes of determining Liquidated Damages. COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED: SC -2.3. Delete the last sentence of paragraph 2.3. of the General Conditions and insert the following in its place: Unless otherwise agreed to in writing between the Owner and Contractor or in those instances where before commencement by the Contractor there is a condition precedent that must be satisfied pursuant to the terms and conditions of a Site Preparation and Non - Interference Agreement entered into between the Owner and a third party, the Contract Time will commence to run upon the earlier of 90 days after the date of the bid opening or the thirtieth day after the effective date of the Agreement. SUPPLEMENTARY CONDITIONS 00800 -1 BEFORE STARTING CONSTRUCTION: SC -2.7. Delete paragraph 2.7. of the General Conditions in its entirety and insert the following in its place: Before any Work at the site is started, Contractor shall deliver to Owner and Architect certificates (and other evidence of insurance requested by Owner) which Contractor is required to purchase and maintain in accordance with the Contract Documents. PHYSICAL CONDITIONS: SC- 4.2.1. Delete paragraphs 4.2.1. and 4.2.2. of the General Conditions in their entirety and insert the following in their place: 4.2.1. Explorations and Reports: Reference is made to Division 1: General Requirements of the Specifications for the identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by Architect in preparation of the Contract Documents. Contractor may rely upon the accuracy of any technical data contained in such reports that is specifically referenced in Division 1: General Requirements as technical data that can be relied on by Contractor. Contractor may not rely upon nontechnical data, interpretations or opinions contained therein or upon the completeness thereof for Contractor's purposes. Except as indicated above and in paragraph 4.2.6., Contractor shall have full responsibility with respect to subsurface conditions at the site. 4.2.2. Existing Structures: Reference is made to Division 1: General Requirements of the Specifications for the identification of those drawings and physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3.) which are at or contiguous to the site that have been utilized by Architect in preparation of the Contract Documents. Contractor may rely upon the accuracy of the technical data contained in such drawings that is specifically referenced in Division 1: General Requirements as technical data that can be relied on by Contractor. Contractor may not rely upon non - technical data contained in such drawings or upon the completeness thereof for Contractor's purposes. Except as indicated above in this paragraph and in paragraph 4.2.6., Contractor shall have full responsibility with respect to physical conditions in or relating to such structures. CONTRACTOR'S LIABILITY INSURANCE: SC -5.3. The limits of liability for the insurance required by paragraph 53. of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 5.3.1. and 5.3.2. Worker's Compensation, etc. under paragraphs 5.3.1. and 5.3.2. of the General Conditions: (1) State: Statutory (2) Applicable Federal (e.g. Longshoreman's and Harbour SUPPLEMENTARY CONDITIONS 00800 -2 Workers' Compensation, Maritime, Jones Act, etc.): (3) Employer's Liability: Statutory $ 500,000 5.3.3., 5.3.4., 5.3.5., 5.3.6. Occurrence Coverage - Comprehensive General Liability (under paragraphs 5.3.3. through 5.3.6. of the General Conditions): (1) Bodily Injury (including completed operations and products liability): $ 1,000,000 Each Occurrence $ 1,000,000 Annual Aggregate Property Damage: $ 1,000,000 Each Occurrence $ 1,000,000 Annual Aggregate or a combined single limit of $ 1,000,000 (2) Property Damage liability insurance will provide Explosion, Collapse and Underground coverage where applicable. (3) Personal Injury, with employee exclusion deleted $ 1,000,000 5.3.7. Comprehensive Automobile Liability: Bodily Injury: $ 500,000 $ 1,000,000 Property Damage: $ 500,000 or a combined single limit of Annual Aggregate Each Person Each Occurrence Each Occurrence $ 1,000,000 Add new paragraphs immediately after paragraph 5.3.7. of the General Conditions which are to read as follows: 5.3.8. Occurrence Coverage - Umbrella Excess Liability Insurance: (1) $ 1,000,000 $ 1,000,000 Each Occurrence Annual Aggregate (2) The umbrella coverage shall be Following -Form being no more restrictive than coverage required for the underlying policies. 5.3.9. The comprehensive general liability insurance and umbrella insurance required under paragraph 5.3. of the General Conditions shall include by endorsement, Owner, Engineer, SFRN, Inc., and Nicklaus Design CONTRACTUAL LIABILITY INSURANCE: SC -5.4. SUPPLEMENTARY CONDITIONS 00800 -3 The Contractual Liability Insurance required by paragraphs 5.4. of the General Conditions shall provide coverage for not less than the following amounts: 5.4.1. Bodily Injury: $ 1,000,000 5.4.2. Property Damage: $ 1,000,000 $ 1,000,000 OWNERS LIABILITY INSURANCE: SC -5.5. Delete paragraph 5.5. of the General Conditions in its entirety. PROPERTY INSURANCE: SC -5.6. Each Occurrence Each Occurrence Annual Aggregate Delete paragraph 5.6. of the General Conditions in its entirety and insert the following in its place: Contractor shall purchase and maintain on Projects with above ground structures, property insurance upon the Work at the site to the full insurable value thereof (subject to deductible amounts as may be provided in these Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of Owner, Contractor, Subcontractors, Engineer, SFRN, Inc., and Nicklaus Design, in the Work (all of whom shall be listed as insured or additional insured arties ). shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and such other perils as may be provided in these Supplementary Conditions, and shall include damages, losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects, attorneys and other professionals). If not covered under the "all risk" insurance or otherwise provided in these Supplementary Conditions, Contractor shall purchase and maintain similar property insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. The policies of insurance required to be purchased and maintained by Contractor in accordance with this paragraph 5.6. shall comply with the requirements of SC -5.8. and SC -5.9. 5.6.1. For all other Projects and portions of Projects not classified as above ground structures, Contractor shall add to the property insurance and/or maintain an Installation Floater with aggregate coverage of the total value of the Work. 5.6.2. When the Work includes the handling and installation of Owner furnished equipment, Contractor shall add to Property insurance or Installation Floater the amount of $ N/A which is the total value of the Owner furnished items. SUPPLEMENTARY CONDITIONS 00800 -4 SC -5.7. Delete paragraph 5.7. of the General Conditions in its entirety and insert the following in its place: 5.7. Contractor shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by these Supplementary Conditions or Laws and Regulations which shall include the interests of Owner, Contractor, Subcontractors and Architect in the Work, all of whom shall be listed as insured or additional insured parties. 5.7.1. Boiler and Machinery Policy Required. (None required by Owner this Project) 5.7.2. Additional Property Insurance Required. (None required by Owner this Project) SC -5.8. Delete paragraph 5.8. of the General Conditions in its entirety and insert the following in its place: 5.8. All policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by Contractor in accordance with paragraphs 5.6. and 5.7. shall contain the following provision or endorsements: 5.8.1. The Owner shall be the trustee of all monies received as an insured loss and shall be so named. 5.8.2. 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 by certified mail and shall contain waiver provisions in accordance with paragraph 5.11.2. SC -5.9. Delete paragraph 5.9 of the General Conditions in its entirety and insert the following in its place: 5.9. The maximum deductible amount for the insurance provided in response to paragraphs SC -5.6. and SC -5.7. shall be $ 10,000.00 . The risk of loss within the deductible amount shall be borne by Contractor, Subcontractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. SC -5.10. Delete paragraph 5.10. of the General Conditions in its entirety. ACCEPTANCE OF INSURANCE: SC -5.14. Delete paragraph 5.14. of the General Conditions in its entirety and insert the following in its place: 5.14. Owner shall review the coverage afforded by or other provisions of the insurance required to be purchased and maintained by Contractor after delivery of insurance certificates to Owner in accordance with paragraph 2.7. of the General Conditions. Contractor shall furnish to the Owner SUPPLEMENTARY CONDITIONS 00800 -5 such additional information in respect of insurance provided by Contractor as the Owner may reasonably request. 5.14.1. Review of Insurance Policies or Insurance Certificates by the Owner shall not relieve or decrease the liability of the Contractor hereunder. 5.14.2. In case of the breach by Contractor of any insurance provision stated in the Contract Documents, the Owner, at his option, may take out and maintain, at the expense of the Contractor, such insurance as the Owner may deem proper and Owner may deduct the cost of such insurance from any monies which may be due or become due the Contractor under this Contract. 5.14.3. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and maintained by Contractor shall contain the name of the Project. CONCERNING SUBCONTRACTORS, SUPPLIERS AND OTHERS: SC- 6.8.3. Add the following paragraph to the General Conditions: 6.8.3. If the Bid Form or Specifications require (or if requested by Owner prior to the Notice of Award) the apparent Successful Bidder and any other Bidder so requested, shall submit a list of all Subcontractors, Suppliers and other persons or organizations (including those who are to furnish the principal items of material and equipment) in accordance with requirements of paragraph 10. of the Instructions to Bidders and Article 6.8.2. of the General Conditions. SC -6.9. Add the following language at the end of paragraph 6.9. of the General Conditions: Owner or Architect may furnish to any such Subcontractor, Supplier or other person or organization, to the extent practicable, evidence of amounts paid to Contractor in accordance with Contractor's Applications for Payment. PERMITS SC -6.13. When the Owner is a public agency, add the following at the end of paragraph 6.13. of the General Conditions: Contractor shall obtain and pay for the following permits: Village of North Palm Beach occupational permit. PROJECT REPRESENTATION: SC- 9.3.1. Add the following paragraph to the General Conditions: SUPPLEMENTARY CONDITIONS 00800 -6 9.3. 1. If the Architect furnishes a Resident Project Representative as per Article 9.3. of the General Conditions, the duties, etc. of the representative shall be as provided in the LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE as included in the Project Manual. If Owner designates another agent to represent Owner at the site who is not Architect's agent or employee, the duties, responsibilities and limitations of authority of such other agent will be as presented at the Pre - construction Conference. SC- Combined Articles 10, 11 and 12 Add the following language to Article 10, 11 and 12 to the General Conditions. Despite any language in this Article or the Contract Documents to the contrary, the Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time for any concealed or unknown condition encountered in the performance of the Work if such conditions: i. is of a usual nature or does not differ materially from those ordinarily encountered and generally recognized as inherent to Work of the nature provided for in this Contract; ii. is of a usual nature or does not differ materially from those condition disclosed or which could have been investigated or were reasonably inferable from the Contractor's price Work or should have been reasonable inferable by the Contractor from the Contract Documents and field conditions at the Project site; or iii is of the nature which the Contractor should reasonably have known or anticipated based on the area in which the Project is located, the type of construction involved and the practices prevalent in the construction industry. Notwithstanding the foregoing, however, if the Contractor makes a proper claim for an adjustment in the Contract Time or Contract Price regarding special or concealed conditions which do not fall into the categories set forth above, the Architect will promptly investigate such conditions. If such conditions differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance or any part of the Work, and the Contractor has timely and properly made its claim, the Architect will recommend an equitable adjustment in the Contract Time or Contract Price, or both. If the Architect determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in either or both the Contract Time and Contract Price is justified, then the Architect shall so notify the Owner and Contractor in writing, stating the reasons. For any claim for an adjustment in Contract Time or Contract Price to be made property, such claim must be made by the Contractor in writing with speck detail as to the special or concealed condition and such notice shall be given to the Owner and Architect promptly before conditions are disturbed and in no event later than five (5) days after first observance of any such conditions. If the Contractor is entitled to an adjustment in the Contract Time and/or Contract Price, the Contractor shall make such claim within the five (5) day period. If such claim is not timely and properly made, it shall be considered waived. In no event shall the existence of any concealed or unknown conditions qualify or limit any of the Contractor's obligations under the Contract Documents. Notwithstanding anything contained to the contrary in the Contract Documents, an extension of time (without adjustment to the Contract Price) in which to complete the Work shall be the Contractor's sole remedy for delay, any hindrance in performance of Work, loss in productivity, impact damages or other similar claims unless caused by acts constituting intentional interference by the Owner with the SUPPLEMENTARY CONDITIONS 00800 -7 Contractor's performance of the Work but only to the extent that such acts continue after the Contractor's notice to the Owner of such interference. The Owner's reasonable exercise of any of its rights or remedies under the Contract Documents, regardless of the extent or frequency, shall not under any circumstances be construed as intentional interference with the Contractor's performance of the Work. Extensions in the Contract Time shall be granted only to the extent that such delay: 5. warrants an extension in the scheduled completion of the Work 6. has not been caused by the Contractor 7. is of a duration of not less than three (3) days 8. is grounds for an extension in the Contract Time under the Contract Documents is in addition to any time contingency periods set forth in the critical path for completion of the Work. CHANGE IN CONTRACT PRICE SC -11.2. The words in parenthesis are deleted and inserted in lieu thereof is the following, "(regardless of any language contained in these General Conditions or the Contract Documents to the contrary, the CONTRACTOR shall not be entitled to payment for indirect, special or consequential amounts or damages.)" UNIT PRICE WORK SC- 11.9.3. Delete paragraph 11.9.3. of the General Conditions in its entirety and substitute the following in its place: 11.9.3. Contractor may not make a claim for additional expenses incurred as a result of a difference between final quantity of any item(s) of Unit Price Work and the estimated quantity of such items(s) in the Contract Documents, unless specifically allowed in the Bid Form. Any adjustments specifically allowed shall be made in accordance with directions in the Bid Form. SC -12.4 Contractor shall not be entitled to increases in the Contract Price if the Owner modifies the work start and completion dates. WARRANTY AND GUARANTEE: SC -13.1. Change the second sentence of paragraph 13.1. of the General Conditions to read as follows: Prompt notice of all observed defects shall be given to the Contractor. TESTS AND INSPECTIONS: SC -13.3. SUPPLEMENTARY CONDITIONS 00800 -8 Delete paragraph 13.3. of the General Conditions in its entirety and insert the following in its place: Contractor shall give twenty -four hour notice to Architect for all required inspections, tests or approvals, except as otherwise provided. FINAL APPLICATION FOR PAYMENT SC -14.2 The Contractor shall be required to submit its Final Payment application within ninety (90) days from the date of the Notice of Substantial Completion. If said Final Payment application is not timely submitted, then in that event and without further notice, the Contractor shall for all purposes be deemed to have waived and abandoned any and all right, title and interest the Contractor may have had in said Final Payment proceeds, which proceeds may then be retained and used by the Owner as it deems fit. SC -14.12 Add the following at the end of paragraph 14.12 of the General Conditions. Contractor shall be required to submit its Final Payment Application within ninety (90) days from the date of the Notice of Substantial Completion. If said Final Payment application is not timely submitted, then in that event and without further notice, the Contractor shall for all purposes be deemed to have waived and abandoned any and all right, title and interest the Contractor may have had in said Final Payment proceeds, which proceeds may then be retained and used by the Owner as it deems fit. SUSPENSION OF WORK AND TERMINATION: SC -15.5. Add the following at the end of paragraph 15.5. of the General Conditions. Regardless of any language to the contrary contained in this Article or the Agreement, if the Owner, following the issuance of a Notice of Award to the Contractor, is unable to obtain all necessary permits for the Work prior to the issuance of a Notice to Proceed, the Owner, upon giving seven (7) days written notice to the Contractor, may terminate the Agreement. Upon said termination, the Contractor shall only be entitled to reimbursement for the actual cost incurred by the Contractor for: (a) purchase of Contract Documents in the amount set forth in the Invitation to Bid and (b) actual out - of- pocket expenses incurred for the acquisition of the Payment and Performance Bonds required under the terms of this Agreement. SC -15.6. Add the following at the end of paragraph 15.6. of the General Conditions. Contractor shall provide written notice to Owner and Architect within seven (7) days after occurrence of any events listed in Paragraph 15.2. SUPPLEMENTARY CONDITIONS 00800 -9 SC -16. "SC -16. Article 16, Arbitration, of the General Conditions is deleted in its entirety." SUPPLEMENTARY CONDITIONS 00800 -10 North Palm Beach Country Club February 1, 2006 NICKI_AUC1_ DESIGN TECHNICAL SPECIFICATIONS I. SURVEYING AND LAYOUT OF WORK Technical Specifications The Owner's Engineer or surveyor shall be responsible for the initial locating of the centerlines and the golf course boundary as shown on the Plan Documents, and any revisions thereof. The Owner's Engineer shall be responsible for providing master benchmarks for vertical control. Maintenance of the centerline staking, boundary staking and benchmarks is the obligation of the Contractor, as well as any additional staking. Staking must include the center points of the tees, turning or landing points and greens. The tee, turning or landing and green centerline points should be marked with 4 -inch PVC pipe. Above ground height of PVC pipe should be at least 8 -foot. The PVC pipe should be color -coded based upon the point it represents. Top 18- inches of pipe should be painted and visibly flagged as follows: Tee Point — Black, 1" and 2»d Turning Points — Yellow, and Green Points — Green. The Hole number, Point location (i.e. Tee, ls` TP, 2" d TP or Green) and existing survey Elevation should be printed on PVC pipe in pennanent ink. II. PROJECT RECORD DOCUMENTS The Contractor will be responsible for furnishing detailed Project Record Documents for each of the following listed categories: 1.) Green, Tee, & Bunker locations (sizes and all drain lines) 2.) Storm Drainage, if applicable 3.) Tile Drainage (solid and perforated drainage lines) 4.) All elements of the irrigation system Project Record Documents The Contractor will be responsible for maintaining daily, accurate field notes reflecting the installation of all golf course features and the irrigation system. The Contractor's final payment will be released upon the As -Built drawings acceptance by the Owner. The Contractor shall provide field notes on a weekly basis to the Owner for review. Field notes shall be compiled once each month and presented to the Owner, Designer, and the Owner's Engineer. This information shall be provided with each request for payment. The Owner's Engineer will verify in the field the Contractor's field notes. All field notes shall be in a scale to be agreed upon prior to the start of construction, preferably at 1 " =100', the same scale as the golf course Contour Plans. A master field note drawing shall be kept by the contractor and updated monthly. North Palm Beach Country Club February 1, 2006 As -Built Drawings Technical Specifications The As -Built Drawings will be completed by means of GPS (Global Positioning Satellites), at Sub -meter Grade accuracy. The Contractor shall base the As -Built survey on State Plane (or UTM) Coordinates. The Contractor is responsible for all costs associated with the development of the As- Built Drawings, and shall be responsible for scheduling such services. All field notes for the construction of the greens, tees, bunkers, irrigation system, drainage system, wire trenches, and any other golf course utilities, shall be provided to the GPS Contractor, for their use during the development of the As -Built Drawings. All items must be visible or flagged /painted for the GPS Contractor to locate in the field. As -Built Drawings shall be provided to the Owner and Designer at a scale of 1 " =100' on reproducible media, as well as a copy on computer disk, in CAD format (Microstation preferred) upon completion of grassing. The GPS Contractor shall provide the Owner, Designer, and Contractor with the following: 1) -A Master Plan As -Built Drawing showing the location of tees, greens, bunkers, fairways, limits of rough, native planting areas, lakes and cart paths. 2) -The square footage for tees, greens, bunkers, fairways, rough, native planting areas and lakes. 3) -The location of the irrigation system including sprinkler heads, quick couplers, all 4 -inch and larger pipe fittings, wire splices, gate valves, lateral valves, controllers, pump station, mainline routing and lateral line routing, field satellites and weather station. 4) -The location of the property line, clubhouse area, maintenance facility, parking lot, entrance road, halfway house(s), rain shelters and utility easements. 5) -The location of all perforated and solid pipe, manholes, catch basins, pipe outlets, overflows and observation risers including all cleanouts for greens, bunkers and practice area tees. Pipe size and grate size are to be shown on the final drainage As- Built. III. CLEARING The work covered in this section consists of furnishing all materials, labor and equipment for the clearing and grubbing of the golf course. This includes the removal and satisfactory disposal of all unsalvageable trees, down timber, brush, projecting roots, stumps, lapwood and /or those areas designated by the Designer, in strict accordance with this section of the Specifications and the applicable drawings. During the clearing, grubbing, and stump removal operations, the topsoil shall be protected at all times. All stumps shall be removed from the fairway areas. In rough areas where there are no trees 2 North Palm Beach Country Club February 1, 2006 Technical Specifications to be saved, and where the Designer determines that stump removal will damage the roots of trees to be saved, stumps shall be ground to a depth of 12- inches below the surface of the native soils. When plants or feature items of exceptional aesthetic quality, form, soundness, and /or value are located within the clearing limits, the Designer shall inspect these plants or feature items and determine if they are to be protected and preserved. At any time during the construction, the Designer may designate certain plants or feature items to be removed or preserved. Prior to clearing any designated area within the golf course, the Contractor shall ascertain the limits of the golf course. This responsibility shall rest solely with the Contractor. The Contractor shall be responsible for any damage caused as a result of negligence in locating the limits of the golf course. The Contractor shall limit the operation of its equipment to within the golf course limits, easements and /or approved haul roads. Any damage occurring outside these areas shall be repaired at the Contractor's expense. The responsibility for the removal of plants and feature items by the Contractor shall end upon final acceptance of the golf course by the Owner, unless otherwise directed by the Designer. All preserved plant material will be protected from injury to their roots and to their tops. Construction fencing or snow fence should be installed 1 -foot away from the tree trunk for every f- inch of tree diameter. Tree diameter shall be measured 4 -feet above ground level. (For example: a 20- inch diameter tree would be protected 20 -feet away from its trunk.) No grading, trenching, pruning or - = storage of materials or equipment may occur in this area. The Contractor will pay a penalty for any plant removed from the site that has not been designated by the Designer for removal. Replacement of any such trees will be at the Contractor's expense per the guidelines established by Tree Care Industry Association (http: / /www.teia.org/) standards (ANSI Standards A300). The Contractor shall also be held accountable for damage to plants resulting from placement of fill or removal of soil. Disposal of all trees, branches, stumps, and debris resulting from the clearing and grubbing shall be the responsibility of the Contractor. No burning will be allowed within the proposed fairway areas. The disposal of all materials cleared and grubbed will be in accordance with the laws of the city, state or country. Securing of pen-nits shall be the responsibility of the Contractor. Areas where burning is to take place should be reviewed by the Designer. After burning, all remaining debris is to be buried in non -play areas, as identified by the Designer, with a minimum cover of 3 -feet of compacted fill. Where such materials are to be buried, The Contractor shall strip and stockpile any topsoil present on the burying area. All liability resulting from the disposal of the cleared and grubbed material or future settling, is the responsibility of the Contractor. IV. GOLF COURSE STORM DRAINAGE The Owner's Engineer shall specify all pipe sizes greater than 4- inches. All golf course drainage shall be reviewed and approved by the Owner's Engineer. The Owner's Engineer will be responsible to develop the master drainage plan for the golf course, size all discharge pipes, and will be responsible for reviewing the watershed of the golf course, along with sizing the discharge pipes. The 3 North Palm Beach Country Club February 1, 2006 Technical Specifications Owner's Engineer will also illustrate the pipe route, and pipe size in accordance with the golf course Contour Plans. The Designer reserves the right to review this plan prior to installation for outlet and inlet locations and their elevations. Discharge pipe locations are subject to review by the Designer. All discharge pipes shall be fitted with beveled flanges to match the existing slope. Golf course storm drainage pipe shall be A.D.S. N12 -or Approved Equivalent. Typically the golf course Contour Plans show the locations of the catch basins throughout the golf course. In these locations, there should be a 12 to 18 -inch A.D.S. N12 -or Approved Equivalent perforated riser, extending above grade 2 to 3 -feet. Washed pea - gravel 1/4 to 3/8 -inch in size, shall be mounded up around the base of the pipe, so that it functions throughout the construction process. Upon establishment of finish grade, the pipe is to be cut off flush with the grade. Soil is then removed 12- inches around and 12- inches deep and backfilled with clean, washed 1/4 to 3/8 -inch pea - gravel. A cast iron or approved plastic grate is then inserted into the pipe and attached according to the manufacturer's specifications. All golf course drainage pipe shall have a 1.628 millimeter -14 gauge, direct bury copper, locator wire placed on top of the pipe prior to backfilling the pipe. This includes all sizes of perforated and solid pipe. The Designer's plan documents will show 4 -inch perforated pipe within the fairways only. Catch basins and manholes must be located as far away as possible from the landing areas, and greens. They should be in the rough areas whenever possible, and the locations must be approved by the Designer. Pipe outlets into lakes must not be visible to the golfers. Tile top of the pipe shall be 2 -feet below the low water elevation. NOTE: In certain situations (for example: when lakes are required to be lined) all pipe below the water level will be required to be water tight. Swales into catch basins should maintain a slope no less than 3 %, unless otherwise directed by the Designer. Fill over drain pipes must be properly compacted to prevent any future settling. V. TOPSOIL MANAGEMENT No debris, stones, sticks, etc. shall exist in the topsoil profile larger than 3/4 of an inch. VI. BULK EARTHWORKS All cuts and fills shall closely follow the Designer's Contour Plans. Bulk earthwork shall be placed plus or minus 6- inches per the golf course Contour Plans. The Designer reserves the right to adjust any proposed grades or tee and green locations to meet field conditions or to enhance the golf course. Specific instructions will be given when shaping begins based on the Designer's direction. All golf course shaping must be approved by the Designer, including all tees, fairways, rough areas, and greens. 4 North Palm Beach Country Club February 1, 2006 Technical Specifications In cases where rock exists under or around a golf course feature (green complex, bunker or tees) the area will be undercut by a minimum of 2 -feet and backfilled to sub -grade with native soil that can be easily shaped (2- inches or less). The Owner's Engineer shall inspect the rock condition prior to backfilling with native soil to determine if any deep fractures exist. Fill material used for greens, tees, and bunkers shall be clean of debris, and compacted A.S.T.M. 90% Modified Proctor so that no future settling occurs. Filled areas shall be sufficiently compacted to prevent future settling or sloughing and all grading shall be done in such a manner that no water - holding pockets are produced. Natural drainage swales shall be used wherever possible. If additional fill is required for shaping the golf course, it shall be obtained from an area as directed by the Designer that does not affect the design of the course and is approved by the Owner. Fill materials to be used in construction of greens, tees, and fairway bunkers shall be suitable (2- inches or less) so that it can be easily shaped to golf course features. Material containing extensive organic matter, large rock or unstable soils will not be allowed as fill. Where fill material is obtained from borrow areas, such areas shall be graded to provide surface drainage and to blend with the surrounding contours. In all grading activities, it is necessary to keep the soil clean of debris. VII. ROUGH SHAPING All fairways and rough areas should have a sufficient slope (not less than 3 %) for adequate surface drainage. Usually, all landing areas and associated hazards will be visible from the tees, and all greens and associated hazards will be visible from the landing area. The entire green complex (including the green surface, adjacent mounds and bunkers) will be rough shaped before excavating the green cavity, unless otherwise directed by the Designer. The Designer may direct the Contractor to place fill material for the construction of mounds and other features within the golf course in areas other than those shown on the Contour Plans. All slopes around tees, greens, bunkers and mounds shall not be steeper than 5:1 unless otherwise shown on plans or directed by the Designer. Cut and fill slopes in fairways, rough, and non -play areas shall not be steeper than 3:1 unless otherwise directed by the Designer. Man -made shapes should blend into the natural terrain. The Contractor shall take all necessary precautions in grading to prevent any damage to existing plant materials and property of the Owner outside the golf corridor, particularly those areas of real estate adjacent to the golf course. Lake outlines shall carefully follow the Designer's Contour Plans and /or directions. Grassed slopes above designed water level shall not be steeper than a 3:1 slope unless directed by the Designer. The Owner's Project & Soils Engineer shall design slopes below normal water level. VIII. IRRIGATION NOTE: See irrigation specifications provided by the Irrigation Designer under separate cover. North Palm Beach Country Club February 1, 2006 Technical Specifications I le Owner shall retain the services of a qualified Golf Course Irrigation Consultant to perform the services of field staking and layout, as well as to inspect materials and the installation of the system. The Owner should note that it is the practice of most Irrigation Designers to limit the scope of their liability if they are not chosen to perform these field services. Upon the completion of the irrigation design, plans must be forwarded to the Project Agronomist for review and approval. The irrigation system must be installed according to the plans provided by the Irrigation Designer, except where field changes are required. Irrigation holding ponds will have a maximum draw down during the irrigation cycle of 10- inches if the pond is visible from golf play areas. Watering time per day will be approximately 10 hours. All sprinklers for the green areas will be individually controlled valve in head. All sprinklers must be spaced for head -to -head coverage. Fill over irrigation lines must be sufficiently compacted to prevent any future settling. Irrigation staking of the fairway will start at the green and proceed back toward the tees. All valve boxes are to be installed in the rough areas, away from the green, tees, and fairways. All controller locations are to be approved by the Designer Placing a straight 10 -foot, 2x4 -inch board on top of the irrigation head shall be used when setting the irrigation heads to grade. The Contractor shall correct anywhere that light can be seen under the board. Prior to planting, the irrigation system shall be adjusted and then activated in the presence of the Owner or the Owner's Representative to ensure that it is functioning correctly. IX. GREENS CONSTRUCTION The Designer's instructions regarding the design of greens shall be closely followed according to the green detail drawings. The method of construction will conform to United States Golf Association (U.S.G.A.) Recommendations for a Method of Putting Green Construction., with only such deviations as are required or approved in writing by Owner, Designer and the Project Agronomist. The following clarifications are to supplement and clarify the U.S.G.A. recommendations. Although optional under the U.S.G.A. methods, the Designer requires the installation of a plastic interface around the green cavity. A. MATERIALS TESTING Designer recommends that Owner and Contractor follow all U.S.G.A. Quality Control Guidelines during the construction process, including testing of greensmix sand, organic materials, and the gravel, as a minimum standard, subject to the additional matters set forth herein and such other quality control measures as may be recommended by the Project Agronomist. The Contractor shall submit all component materials, including sand and organic amendment to the recommended laboratory as soon as possible, preferably within 60 days after commencement of the project. The analysis and report for all tests will be submitted to the Owner, Designer and the Project Agronomist. The Project Agronomist will review the test results and make the appropriate North Palm Beach Country Club February 1, 2006 Technical Specifications recommendations. The Contractor shall be responsible for the submission of all materials for testing and payment of the lab fees. Mixing of the approved sand and organic materials shall be accomplished at a location away from the green cavity. It is recommended that a qualified soil blending contractor be used to ensure proper mixing. All materials should be delivered to the site 20 to 30 days prior to placement in the cavity to allow for proper testing. After the initial mixing, and PRIOR TO ANY PLACEMENT OF THE MATERIALS IN THE GREEN CAVITIES, samples of the mix shall be taken by the Contractor and submitted to one of the following testing labs to obtain verification that the rootzone mix meets the original mix specifications. Although the U.S.G.A. Specifications allow for a range of test results, it should be understood that the initial test results as reviewed and recommended by the Project Agronomist will serve as the required specification for this project. Periodic and additional samples shall be taken by the Contractor to ensure quality control throughout the entire mixing and placement process. The Designer may also require additional periodic testing. It should be understood that the Designer and the Project Agronomist shall have no responsibility for the failure of the greens to meet either the physical or performance specifications of the U.S.G.A. A single U.S.G.A. approved testing laboratory must be selected to test the gravel, choker sand, greensmix sand and organic material to maintain consistency. The Designer and Project Agronomist have experience working with the following approved testing laboratory: N. W. Hummel Contact: Mr. Norm Hummel 35 King Street Trumansburg, NY 14886 Tel: (607) 387 -5694 Fax: (607) 387 -9499 Email: soildrl a,capital.net NOTE: Documents describing U.S.G.A. approved quality control programs in more detail can be found on the U.S.G.A. Web site at w-vvw.usga.org/green/coned. After the MIX DESIGN has been established, the same lab shall perform a calibration test when blending starts. Upon determination by the lab that the calibration meets the MIX DESIGN parameters, production can proceed. Mix should not be delivered to the site until the production mix is verified. The gravel should be re- tested after the first 500 tons to verify consistency against the MIX DESIGN and again at the 50% mark for total consumption of material for the project to verify consistency against the MIX DESIGN. Vehicles used to haul the mix must be washed to avoid contamination. 7 North Palm Beach Country Club February 1, 2006 B. SHAPING AND EXCAVATION Technical Specifications The putting surface should be shaped to the proposed finish grade in native soils, unless otherwise directed by the Designer. Once the putting surface shaping is approved by the Designer in the native soils, the Contractor shall then excavate to the subgrade. The contours of the sub -grade should conform as closely as possible to those of the proposed finish grade. The sub -grade should be thoroughly compacted so that no future settling occurs. All filled areas shall be compacted to 90% A.S.T.M. Modified Proctor. C. DRAINAGE Spoils from the trenches should be removed from the green cavity and the floor of the trenches should be smooth and clean. Construction machinery must not operate over the drainage lines during the removal of spoils from the sub -grade cavity unless precautionary measures are taken to prevent crushing the pipe (such as using plywood to bridge the trenches). Drainage pipe shall be A.D.S. N12- or Approved Equivalent. Laterals should be placed at 45 or 60 degree angles to the main line(s). If a geotextile fabric is to be used as a barrier between the subsoil and the gravel drainage blanket, it should be installed before the gravel is placed in the trenches. Installation of the fabric shall be according to the Owner's Soil Engineer's instructions. Under no circumstances should the fabric cover the drain lines. After the drain pipe has been installed in the trench, the slope should be verified with a transit or carpenter's level to ensure positive drainage throughout the system. The pipe shall lie in the center of the trench during the backfilling process. This will help prevent voids between the pipe and trench walls and also the pipe itself from being contaminated by infiltration from the trench walls. The pipe should then be covered with enough gravel to fill the remainder of the trench to the surface of the sub - grade. All conduit pipe extending beyond the perimeter of the green cavity shall be non - perforated pipe, unless exit pipe is placed in a surface flow swale from the green, in which case the perforated pipe will continue through the swale before converting to non - perforated pipe. The exit trenches shall extend to an outfall in non -play areas as designated by the Designer, or connected to a specified drainage network. An observation riser will be located in the exit pipe as far away from the green as possible, but before the first pipe intersection. The riser shall be capped with a 4 -inch round quick coupler lid or buried with an end cap. The upper ends of all main trunk lines shall be equipped with a tee joint or elbow extending to the surface grade approximately 10 -feet beyond the green cavity. This joint will be capped at its opening during installation. Such a "cleanout" will enable the drain line to be flushed in the event of it becoming clogged. Later, at the direction of the Designer, the riser shall be cut 6- inches below surface grade, capped and covered with a metal plate for easy location later. Drainage water disposal shall conform to all applicable regulations and laws regulating such disposal. (Refer to Typical Green and Bunker Drainage Scheme.) North Palm Beach Country Club February 1, 2006 Technical Specifications recommendations. The Contractor shall be responsible for the submission of all materials for testing and payment of the lab fees. Mixing of the approved sand and organic materials shall be accomplished at a location away from the green cavity. It is recommended that a qualified soil blending contractor be used to ensure proper mixing. All materials should be delivered to the site 20 to 30 days prior to placement in the cavity to allow for proper testing. After the initial mixing, and PRIOR TO ANY PLACEMENT OF THE MATERIALS IN THE GREEN CAVITIES, samples of the mix shall be taken by the Contractor and submitted to one of the following testing labs to obtain verification that the rootzone mix meets the original mix specifications. Although the U.S.G.A. Specifications allow for a range of test results, it should be understood that the initial test results as reviewed and recommended by the Project Agronomist will serve as the required specification for this project. Periodic and additional samples shall be taken by the Contractor to ensure quality control throughout the entire mixing and placement process. The Designer may also require additional periodic testing. It should be understood that the Designer and the Project Agronomist shall have no responsibility for the failure of the greens to meet either the physical or performance specifications of the U.S.G.A. A single U.S.G.A. approved testing laboratory must be selected to test the gravel, choker sand, greensmix sand and organic material to maintain consistency. The Designer and Project Agronomist have experience working with the following approved testing laboratory: N. W. Hummel Contact: Mr. Norm Hummel 35 King Street Trumansburg, NY 14886 Tel: (607) 387 -5694 Fax: (607) 387 -9499 Email: soildrl cz capital. net NOTE: Documents describing U.S.G.A. approved quality control programs in more detail can be found on the U.S.G.A. Web site at www.usga.org_ /green/coned. After the MIX DESIGN has been established, the same lab shall perform a calibration test when blending starts. Upon determination by the lab that the calibration meets the MIX DESIGN parameters, production can proceed. Mix should not be delivered to the site until the production mix is verified. The gravel should be re- tested after the first 500 tons to verify consistency against the MIX DESIGN and again at the 50% mark for total consumption of material for the project to verify consistency against the MIX DESIGN. Vehicles used to haul the mix must be washed to avoid contamination. 7 North Palm Beach Country Club February 1, 2006 B. SHAPING AND EXCAVATION Technical Specifications The putting surface should be shaped to the proposed finish grade in native soils, unless otherwise directed by the Designer. Once the putting surface shaping is approved by the Designer in the native soils, the Contractor shall then excavate to the subgrade. The contours of the sub -grade should conform as closely as possible to those of the proposed finish grade. The sub -grade should be thoroughly compacted so that no future settling occurs. All filled areas shall be compacted to 90% A.S.T.M. Modified Proctor. C. DRAINAGE Spoils from the trenches should be removed from the green cavity and the floor of the trenches should be smooth and clean. Construction machinery must not operate over the drainage lines during the removal of spoils from the sub -grade cavity unless precautionary measures are taken to prevent crushing the pipe (such as using plywood to bridge the trenches). Drainage pipe shall be A.D.S. N12- or Approved Equivalent. Laterals should be placed at 45 or 60 degree angles to the main line(s). If a geotextile fabric is to be used as a barrier between the subsoil and the gravel drainage blanket, it should be installed before the gravel is placed in the trenches. Installation of the fabric shall be according to the Owner's Soil Engineer's instructions. Under no circumstances should the fabric cover the drain lines. After the drain pipe has been installed in the trench, the slope should be verified with a transit or carpenter's level to ensure positive drainage throughout the system. The pipe shall lie in the center of the trench during the backfilling process. This will help prevent voids between the pipe and trench walls and also the pipe itself from being contaminated by infiltration from the trench walls. The pipe should then be covered with enough gravel to fill the remainder of the trench to the surface of the sub - grade. All conduit pipe extending beyond the perimeter of the green cavity shall be non - perforated pipe, unless exit pipe is placed in a surface flow Swale from the green, in which case the perforated pipe will continue through the swale before converting to non - perforated pipe. The exit trenches shall extend to an outfall in non -play areas as designated by the Designer, or connected to a specified drainage network. An observation riser will be located in the exit pipe as far away from the green as possible, but before the first pipe intersection. The riser shall be capped with a 4 -inch round quick coupler lid or buried with an end cap. The upper ends of all main trunk lines shall be equipped with a tee joint or elbow extending to the surface grade approximately 10 -feet beyond the green cavity. This joint will be capped at its opening during installation. Such a "cleanout" will enable the drain line to be flushed in the event of it becoming clogged. Later, at the direction of the Designer, the riser shall be cut 6- inches below surface grade, capped and covered with a metal plate for easy location later. Drainage water disposal shall conform to all applicable regulations and laws regulating such disposal. (Refer to Typical Green and Bunker Drainage Scheme.) North Palm Beach Country Club February 1, 2006 D. PLASTIC INTERFACE Technical Specifications To prevent capillary water movement between the surrounding areas and the collar, a plastic interface of HD polyethylene shall be installed to "ring" the exterior edge of the collars. The plastic shall be a minimum of .04 mil in thickness to a maximum of .06 mil in thickness and 18- inches in height. The plastic sheet shall be staked at 2 to 3 -foot intervals to ensure that it remains in place. After the mix is installed the stakes shall be removed. In order to later locate the interface with a metal detector, a 1.628 millimeter -14 gauge direct burial copper wire must be placed at the base of the interface, encircling the green with both ends attached to the tee joint or elbow riser. E. GRAVEL LAYER Laboratory testing of the gravel must begin as soon as possible along with the greensmix sand to determine bridging potentials. Approval must be verified no later than 60 days after work commences on the golf course. The analysis and report of all laboratory tests will be submitted to the Owner and Project Agronomist. Under no circumstances will construction equipment be allowed to operate directly on the floor or bottom of the green cavity during installation of the gravel base. A small crawler -type tractor suitably equipped with a blade is recommended for pushing the drainage gravel onto the green sub - grade. Under no circumstances will rubber -tired trucks or equipment be allowed to operate on the gravel layer or subgrade of the green. F. CHOKER SAND (if necessary) The need for a choker sand layer is based on the particle size distribution of the gravel, in relation to the approved greensmix, as discussed in the U.S.G.A Recommendations. The testing laboratory will snake this determination. The surface shall conform to the contours of the proposed finish grade. The method of spreading the choker sand layer must be approved by the Designer to prevent damage to the previously installed drainage system. Under no circumstances will a track or rubber tire vehicle be allowed on the gravel surface to spread the choker sand. G. GREENSMIX Greensmix shall be transported to the green site and dumped within the cavity at various points around the perimeter. The greensmix can then be moved more easily from the edges to the center. Many techniques are acceptable for spreading the mix, including shovels, boards, and small equipment. A small crawler -type tractor, suitably equipped with a blade is useful for pushing the greensmix out onto the prepared base. If a crawler -type tractor is always operated on the greensmix, it will decrease the possibility of disturbing the greens sub -base and gravel layer. Machines must be free of mud, cakes of dry soil, and other debris, which could contaminate the greensmix. The greensmix should be spread uniformly in the green cavity maintaining the same contours previously approved by the Designer. 0 North Palm Beach Country Club February 1, 2006 H. FUMIGATION Technical Specifications The need for soil fumigation and method of application should be determined by the Project Agronomist, with reference to the U.S.G.A. Recommendations as modified by the Project Agronomist per local site conditions. All putting surfaces and collars may be required to be sterilized before planting with an approved soil fumigant. Fumigation application to be as directed by the Project Agronomist and in accordance with the manufacturer's recommendations. All safety requirements of the manufacturer shall be strictly adhered to by Contractor's personnel, and shall be controlling over any contrary recommendations or instructions The fumigated areas shall be permitted to ventilate of clear open weather according to manufacturer's recommendations before any grass is planted therein. I. FERTILIZER AND SOIL AMENDMENTS The need for fertilizers and other soil amendments and methods of application should be determined by the Project Agronomist, with reference to the U.S.G.A. Recommendations as modified by the Project Agronomist based upon the results of soil tests. A translated copy of all soil tests shall be given to the Project Agronomist to review and comment. Fertilizer shall be delivered to the site in bags or other convenient containers, each completely labeled, conforming to applicable state fertilizer laws, and bearing the name, trade name or trademark, and warranty of the producer. After fertilizer and any specified soil amendments have been properly incorporated into the top 1 %2 to 2- inches, the green surfaces shall be "floated out" to the satisfaction of the Designer, and put in a soft condition for seeding. J. COMPACTION / FINAL SHAPING "Footing" or tracking the entire surface will best eliminate soft spots. Repeated wetting and raking the surface, followed by the footing operation, will ensure uniform compaction. A roller is not satisfactory because it "bridges" the soft spots. Particular attention should be paid to the exterior edges along the plastic interface. The final shaping shall be done by smoothing from inside the cavity to the outside so as not to drag contaminated soil onto the greensmix. All contours shall blend into the fairways, bunkers and mounds as shown on the green detail drawings or as directed by the Designer. No water holding pockets shall be left on the putting surface. The use of a transit is required at this time to ensure the desired surface contour. The final planting bed must be smooth and sufficiently soft in order for stolons to be planted therein. The final planting bed must also be free from water- holding depressions or pockets. The Designer, prior to planting, must approve the condition of the planting bed and the putting surfaces. K. GRASSING Refer to the Grassing Specifications provided by the Project Agronomist for all grassing types, rates and the approved grassing window dates. 10 North Palm Beach Country Club February 1, 2006 Technical Specifications NOTE: A sufficient area around the green perimeter shall have established turf or rooted sod, prior to planting of the green surface to minimize contamination and washouts throughout the grow -in period. 1. STOLONIZATION (VEGETATIVE TRANSPLANTATION) Stolons or other means of Vegetative Transplantation shall be certified as to genetic purity by the Southern Seed Certification Association and certified by this agency as to freedom from pests and disease. All Stolons shall come from a nursery approved by the Owner and reviewed by the Project Agronomist. Stolons shall be planted within 48 hours of harvest and when weather conditions are right for proper turfgrass growth. Planting should take place only within the grassing window as designated by the Project Agronomist. L. MAINTENANCE OF THE PLANTED AREAS After all areas have been planted, the Contractor will be responsible for the initial watering of the planted areas. After this initial watering, no other golf course maintenance will be required of the Contractor, unless previously agreed upon between the Owner and the Contractor. It shall be the Owner's responsibility to maintain the planted areas, effective immediately following the initial watering. Immediately after planting, the area shall be protected against traffic or other use by erecting barricades as needed, and by placing approved warning signs at appropriate intervals. X. TEES, FAIRWAY AND ROUGH The Designer's instructions regarding the design of tees, fairway and rough shall be closely followed according to the Contour Plans. TEES CONSTRUCTION The tees, practice area tees and practice area target greens shall be built to the Designer's Contour Plans, unless otherwise directed by the Designer, and per the Tee Construction detail drawings. All filled areas shall be compacted to 90% A.S.T.M. Modified Proctor so that no future settling will occur. See Tee Detail `B" for method of construction for the golf course tees. The Driving Range tees shall have internal drainage as shown on the Typical Tee Construction Detail, with the subgrade pitched a minimum one percent (1 %) toward the drain line for positive pitch toward the drainage pipe. The same approved washed pea gravel as used for the greens construction shall be used in the tee drainage. The existing golf course greens mix shall be used on the tees, spread to a compacted minimum depth of 4- inches and a maximum depth of 6- inches. The Project Agronomist to review and approve the gravel and tee mix laboratory test results prior to installation by the Contractor. To ensure proper grading the Contractor will laser level all of the tee surfaces, using a laser - equipped boxblade on a tractor and spot checked with a-transit. The finished surface will be perfectly 11 North Palm Beach Country Club February 1, 2006 Technical Specifications level, unless otherwise directed by the Designer (See Tee Construction Detail Drawing). Care shall be exercised so that no water shall be trapped around the tees A. APPLICATION OF SOIL AMENDMENTS TO TEES FAIRWAYS & ROUGHS If required by the Project Agronomist, soil amendments such as lime, sulfur or gypsum may be added . They shall be applied at the rate(s) directed by the Project Agronomist according to the soil test recommendations. The amendments shall be spread evenly over the entire area requiring such, and thoroughly incorporated into the soil at a depth determined by the Project Agronomist by means of disking, harrowing or other acceptable methods within 24 hours following application. When an amendment is required, it will be applied prior to the application of fertilizer. B. APPLICATION OF FERTILIZER 1. TEES Specifications and application of basic fertilizer and any other soil amendments on tees shall be per the Project Agronomists' recommendations. The fertilizer shall be incorporated into the tee rootzone by raking. 2. FAIRWAY AND ROUGH- Specifications and application of basic fertilizer on fairways and roughs shall be per the Project Agronomists' recommendations. The fertilizer shall be delivered to the site in bags or other convenient containers, each completely labeled, conforming to applicable state fertilizer laws, and bearing the name, trademark, and warranty of the producer. Fertilizer shall not be applied sooner than one week prior to planting. If planting is delayed beyond one week, re- fertilizing maybe required. After all areas to be planted have had all amendments and /or fertilizer applied, these areas shall then be floated out and put into a soft condition for planting. The final surface must be cleared of stones, stumps or other objects larger than three quarters of one inch in thickness or diameter, and cleared of roots, brush, wire, grade stakes and or other objects through the topsoil profile that could be a hindrance to the maintenance operations. The fairways and roughs shall be lightly disked to a depth of 3- inches and floated out to a smooth finish grade with no water holding pockets, and sufficiently soft in order for the grass to be planted therein. Prior to planting, the Designer will review the condition of the planting bed in all areas. C. STOLONS Stolons shall be certified as to genetic purity by the Southern Seed Certification Association, Inc. and certified by this agency as to their freedom from pests and disease. Southern Seed Certification Association P.O. Box 2619 Auburn, AL 36831 Phone: 334 -821 -7400 Fax: 334 - 844 -4901 All stolons shall come from a nursery approved by the Designer and the Project Agronomist and applied at the rates and specifications as provided by the Project Agronomist. 12 sprigs. North Palm Beach Country Club February 1, 2006 Technical Specifications Note: The U.S. Standard bushel (1.25 cubic feet) is the recommended measurement for grass D. SODDING The Contractor shall provide for a minimum of 500,000 SF of sod unless otherwise directed by the Designer. All sodding shall be done when climate conditions are favorable for proper growth of the specified types of sod. All planting dates must be reviewed by the Project Agronomist. All areas to be sodded will be reviewed by the Designer. The Contractor shall provide and plant the grass sod by delivering it to the site and having it planted in the ground within 48 hours after it has been harvested. No gaps shall exist between sod squares. Planting shall be at right angles to the slopes in order to minimize erosion of these areas. The Designer shall be the final judge as to the condition of all planted areas after seeding and sodding, and these areas must meet the Designer's approval. On slopes greater than 3:1, sod should be pegged to prevent slippage. All sodded areas will be rolled with a smooth type roller after planting. All sod will match the grass type(s) as specified for the area where it is to be installed. All sod will be certified free of weeds, pests, and as to the purity of the stated varieties. At the discretion of the Project Agronomist, the sod will be inspected prior to harvesting and installation of any sod. E. MAINTENANCE & PROTECTION Immediately after planting, the Contractor will be responsible for the initial watering of the planted areas. After this initial watering, no other golf course maintenance will be required of the Contractor, unless previously agreed to between the Owner and the Contractor. It shall be the Owners responsibility to maintain the planted areas affected immediately following the initial watering. Immediately after planting, the area shall be protected against traffic or other use by erecting barricades as needed, and by placing approved warning signs at appropriate intervals. XI. BUNKER CONSTRUCTION Bunkers shall follow the Designer's direction in terms of size, shape and depth, and shall be clearly visible unless otherwise directed by the Designer. The Designer has prepared various Typical Bunker Detail Sketches as examples to illustrate schematic layouts of various bunker types utilized in the design of the Golf Course and construction methods noted in the Designer's recommended construction sequence. However, Contractor shall be solely responsible for determining the final layout and construction methods to be utilized for each bunker, for assuring that the final location and shaping of each bunker is consistent with the design of the Golf Course, and for the actual performance of the bunkers as built. The Contractor will be responsible for preparing shop drawings sufficient to illustrate any alternate layouts or methods to be utilized by Contractor for review by the Designer, or for otherwise assuring that alternate layouts or methods are reviewed by the Designer in order to assure that they do not negatively impact the appearance or strategic value of any bunker. The following is the recommended sequence for Bunker Construction: 13 North Palm Beach Country Club Technical Specifications February 1, 2006 A. Shape the bunker as directed by the Designer. B. After the shaping has been approved by the Designer, a drainage collection point is installed in the lowest point of the bunker (inside and usually toward the tee end of the bunker) and a temporary bunker drainage system (see detail drawing). If desired, the bunker drainage outlet pipe could intercept the green drainage pipe off the putting surface. No bunker shall be drained through the putting green drainage system. Wherever possible, the bunker discharge should be 2 -feet below the proposed bunker sub - grade. C. Bunker slopes are finish graded and shall be approved by the Designer, prior to sodding to the toe of the slopes. NOTE: TO MINIMIZE CONTAMINATION OF THE BUNKER CAVITY, THE SOD MUST BE FIRMLY ESTABLISHED PRIOR TO COMPLETING THE REMAINDER OF THIS RECOMMENDED SEQUENCE. D. AFTER SOD ESTABLISHMENT the Designer will mark the final sod /sand line. E. The bunker edge is then cut to the sod /sand line. Any excess material is then removed from the bunker by the Contractor. F. Bunker bottoms are then bowled out, with four to six percent (4% to 6 %) lateral pitch from the center and two to three percent (2% to 3 %) back to front pitch. A transit will be necessary at this time to ensure proper grades by the Contractor. G. The bunker drainage system is now installed, making the connection at the drainage point previously installed. A bunker cleanout pipe is required in all bunkers, consisting of a 4 -inch solid pipe connected to the main bunker drainline at the sod line and extending up to the top of the slope. A 1.628 millimeter -14 gauge direct bury copper wire shall be wrapped around the end of the solid A.D.S. pipe prior to covering with topsoil. The cap should be buried 8 to 10- inches below grade. Typically the bunker drainage trench will be 1 -foot deep. A 4 -inch perforated pipe will be bedded down in 1 to 2- inches of washed gravel and the drain pipe will have a minimum of 4- inches of washed gravel covering the pipe. All gradients should be set not less than 0.5 % (1/2 %). H. Place and spread the bunker sand to a compacted minimum 4- inches deep. Recommended methods of sand placement include the conveyor belt process, the blow -in method, or the use of small maintenance equipment to transport and deliver the sand to each bunker from approved storage areas. No Bunker Sand may be stockpiled in the bunkers prior to grassing, unless directed by the Designer. Vehicles used in the sand placement process shall have large flotation tires as to not damage the areas of turf. Recommended methods to compact the sand include "footing" and /or "mechanical tamping ". MATERIAL TESTING Proposed bunker sands shall be evaluated for textural and particle size distribution, infiltration/percolation, shape, color, and resistance to fried egg lies simulating the conditions 14 North Palm Beach Country Club February 1, 2006 Technical Specifications on a bunker's slope and base. The textural and particle size distribution and infiltration rate analysis shall be conducted in the same manner required of proposed root zone materials. Sand for the bunkers should be an unbleached silica sand of a consistency approved by the Project Agronomist's approved testing laboratory and conforming generally to the following sieve and particle size (U.S. sieve mesh) analysis. BUNKER SAND - SIEVE ANALYSIS Particle Diameter in mm. 16 mesh 1.19 (3.91°/x) percent retain 20 mesh .84 (5.22 %) percent retain 30 mesh .59 (14.59 %) percent retain 40 mesh .42 (26.45 %) percent retain 50 mesh .29 (32.50 %) percent retain 70 mesh .21 (14.12 %) percent retain 100 mesh .15 (2.86 %) percent retain 140 mesh .10 (.36 %) percent retain BUNKER SAND- PARTICLE SIZE ANALYSIS USDA (mm) % .05 to 2.00 97.9 .002 to .05 1.5 <.002 00.0 >2.00 00.6 1.00 to 2.00 18.9 0.50 to 1.00 32.4 0.25 to 0.50 26.6 0.15 to 0.25 12.5 0.10 to 0.15 4.6 <.10 2.9 NOTE: Sphericity of sand shall be sub - angular to angular A penetrometer shall be used to evaluate the proposed bunker sand's resistance to golf ball burying ( "fried egg lie "). The selected bunker sand should have a textural /particle size distribution that would not create a layer that is a significant impediment to air /water permeability. The bunker sand should have a minimum test result of 2.6 kg /cm2. The testing laboratory's report shall include the tested material's resistance to fried egg lies, drainage, color, shape, and likelihood of causing a layer on the surface of a green that is capable of impeding air permeability and water penetration. 15 North Palm Beach County Club February 1, 2006 Bunker sand samples are to be sent to the following approved laboratory for testing: N. W. Hummel Contact: Mr. Norm Hummel 35 King Street Trumansburg, NY 14886 Tel: (607) 387 -5694 Fax: (607) 387 -9499 . Email: soildrl2capital.net Technical Specifications The results of the bunker sand testing should be made available for the Designer and the Project Agronomist to review. The Designer and Project Agronomist will not be responsible for the inability of the Owner to obtain a conforming material or from inconsistent or non - performance of the selected material as actually supplied by the Contractor. XII. NURSERY AREA A putting surface nursery area of 10,000 sq. feet will be constructed according to U.S.G.A. Greens Specifications. XIII. BRIDGES & ABUTMENTS The Owner's Engineer shall design and prepare all necessary plans and specifications for all bridges (golf cart and pedestrian) and abutments on the golf course. The Designer shall consult with the Owner and the Owner's Engineer as it relates to the aesthetics of the bridge and abutment design. Irrigation lines will be affixed to the underside of bridges according to the drawings supplied by the Irrigation Designer. The lines shall be secure and out of sight. Exposed irrigation mains will be of material approved by the Irrigation Designer. XIV. CART PATHS Cart paths, maintenance paths and concrete curbing shall be built to the specifications and drawings provided by the Owner's Engineer to ensure that the locations are compatible with sound traffic flow and safe gradients. The Designer shall consult with the Owner's Engineer as it relates to the conceptual locations of cart paths, maintenance paths and concrete curbing to allow for aesthetics of the golf course. Cart paths - Minimum 8 -feet concrete. Maintenance Paths - Minimum 10 -feet concrete. 16 North Palm Beach Country Club February 1, 2006 Technical Specifications Concrete Curbing - Concrete Curbing shall be installed around the green and tee complexes. If approved by the Designer, alternate materials may be specified for cart paths, maintenance paths and curbing. Any such alternate materials shall conform to such specifications and drawings as may be provided by the Owner's Engineer, who shall specify approved materials, compaction and similar issues. XV. LANDSCAPING The Landscape Architect will consult with the Designer as the Landscape Plan is developed and will stake the locations of trees on the golf course for the Designer to review. The plant material used in landscaping will be a mixture of sizes, shapes and colors. There will be no straight lines of trees. The Designer will locate the limits of tree planting. Vehicles must not drive over the root systems of existing trees. All landscape materials will be planted according to accepted methods and procedures, as specified by the Landscape Architect. NOTICE: In connection with all of the activities described in the Technical Specifications, the Owner and /or Contractor shall be responsible and shall notify the Designer of any governmental laws or regulations, including those relating to environmental protection and zoning, that would regulate prohibit or control the performance by the Designer under these Technical Specifications. By way of example, this would include removal of plants, excavation of lakes and replacement of fill to be made at the direction of the Designer. 17 North Palm Beach Country Club February 1, 2006 Technical Specifications Concrete Curbing - Concrete Curbing shall be installed around the green and tee complexes. If approved by the Designer, alternate materials may be specified for cart paths, maintenance paths and curbing. Any such alternate materials shall conform to such specifications and drawings as may be provided by the Owner's Engineer, who shall specify approved materials, compaction and similar issues. XV. LANDSCAPING The Landscape Architect will consult with the Designer as the Landscape Plan is developed and will stake the locations of trees on the golf course for the Designer to review. The plant material used in landscaping will be a mixture of sizes, shapes and colors. There will be no straight lines of trees. The Designer will locate the limits of tree planting. Vehicles must not drive over the root systems of existing trees. All landscape materials will be planted according to accepted methods and procedures, as specified by the Landscape Architect. NOTICE: In connection with all of the activities described in the Technical Specifications, the Owner and /or Contractor shall be responsible and shall notify the Designer of any governmental laws or regulations, including those relating to environmental protection and zoning, that would regulate prohibit or control the performance by the Designer under these Technical Specifications. By way of example, this would include removal of plants, excavation of lakes and replacement of fill to be made at the direction of the Designer. 17 TYPICAL DETAIL SKETCHES February 1, 2006 NOTE: The following drawings are provided by Designer as examples to illustrate schematic layouts and construction details of various features utilized in the overall design of the Golf Course and to indicate methods which Contractor may utilize to meet the requirements of Designer's specifications. However, Contractor shall be solely responsible (i) for determining the details and actual construction methods to be utilized for each feature identified in the Plan Documents for the Golf Course, (ii) for assuring that the final location and shaping of each feature is consistent with the Plan Documents and any field directions issued by Designer, and (iii) for the actual performance of all features of the Golf Course, as built. Contractor will be responsible for furnishing Designer with shop drawings sufficient to illustrate any additional or alternative details or methods which Contractor proposes to utilize for construction of particular Golf Course features, or for otherwise assuring that alternative details and methods proposed by Contractor are reviewed by Designer prior to construction in order to assure that they do not negatively impact the appearance, function, or strategy of the Golf Course. TYPICAL, STAKING DETAIL, ENGLISH NOT TO SCALE CENTERLINE STAKING NOTES: 1 . CENTERLINE TEE, TURNING, AND GREEN POINTS SHOULD BE LOCATED BY FIELD SURVEY BASED UPON COORDINATE LOCATIONS TAKEN FROM THE NICKLAUS DESIGN GOLF COURSE STAKING PLAN. 2. CENTERLINE POINTS TO BE MARKED WITH 4" P.V.C. PIPE DRIVEN INTO THE GROUND. ABOVE GROUND HEIGHT OF P.V.C. PIPE SHOULD BE AT LEAST 8'. 3. P.V.C. PIPE SHOULD BE COLOR CODED BASED UPON THE POINT IT REPRESENTS. TOP 18" OF PIPE SHOULD BE PAINTED AND VISIBLY FLAGGED AS FOLLOWS: TEE POINT - BLACK 1 ST & 2ND TURNING POINTS - YELLOW GREEN POINT - GREEN 4. HOLE # AND POINT LOCATION (EX. TEE, 1TP, 2TP OR GREEN) SHOULD BE PRINTED ON P.V.C. PIPE IN PERMANENT INK. S. A 20' WIDE WALKING PATH SHOULD BE CLEARED ALONG THE GOLF HOLE CENTERLINE AS NEEDED. 6. STAKING IN FIELD IS SUBJECT TO CHANGE PENDING FIELD REVIEW BY NICKLAUS DESIGN. / SECOND SHOT LENGTH � THIRD SHOT LENGTH 1 I ST TURNING POINT SYMBOL �-� I YELLOW PVC PIPE / \ HOLE NUMBER / 2ND TURNING POINT SYMBOL YELLOW PVC PIPE TEE SHOT LENGTH GREEN POINT SYMBOL GREEN PVC PIPE a GOLF HOLE CORIDOOR LINE �- TEE POINT SYMBOL BLACK PVC PIPE O 1 -09 -04 TYPICAL DETAIL SKETCHES February 1, 2006 NOTE: The following drawings are provided by Designer as examples to illustrate schematic layouts and construction details of various features utilized in the overall design of the Golf Course and to indicate methods which Contractor may utilize to meet the requirements of Designer's specifications. However, Contractor shall be solely responsible (1) for determining the details and actual construction methods to be utilized for each feature identified in the Plan Documents for the Golf Course, (ii) for assuring that the final location and shaping of each feature is consistent with the Plan Documents and any field directions issued by Designer, and (iii) for the actual performance of all features of the Golf Course, as built. Contractor will be responsible for furnishing Designer with shop drawings sufficient to illustrate any additional or alternative details or methods which Contractor proposes to utilize for construction of particular Golf Course features, or for otherwise assuring that alternative details and methods proposed by Contractor are reviewed by Designer prior to construction in order to assure that they do not negatively impact the appearance, function, or strategy of the Golf Course. TYPICAL STAKING DETAIL ENGLISH NOT TO SCALE CENTERLINE STAKING NOTES: 1 . CENTERLINE TEE, TURNING, AND GREEN POINTS SHOULD BE LOCATED BY FIELD SURVEY BASED UPON COORDINATE LOCATIONS TAKEN FROM THE NICKLAUS DESIGN GOLF COURSE STAKING PLAN. 2. CENTERLINE POINTS TO BE MARKED WITH 411 P.V.C. PIPE DRIVEN INTO THE GROUND. ABOVE GROUND HEIGHT OF P.V.C. PIPE SHOULD BE AT LEAST 8'. 3. P.V.C. PIPE SHOULD BE COLOR CODED BASED UPON THE POINT IT REPRESENTS. TOP 18° OF PIPE SHOULD BE PAINTED AND VISIBLY FLAGGED AS FOLLOWS: TEE POINT - BLACK 1ST & 2ND TURNING POINTS - YELLOW GREEN POINT - GREEN 4. HOLE # AND POINT LOCATION (EX. TEE, 1TP, 2TP OR GREEN) SHOULD BE PRINTED ON P.V.C. PIPE IN PERMANENT INK. 5. A 20' WIDE WALKING PATH SHOULD BE CLEARED ALONG THE GOLF HOLE CENTERLINE AS NEEDED. 6. STAKING IN FIELD IS SUBJECT TO CHANGE PENDING FIELD REVIEW BY NICKLAUS DESIGN. I ST TURNING POINT SYMBOL SECOND SHOT LENGTH THIRD SHOT LENGTH �� YELLOW PVC PIPE /\ a HOLE NUMBER----/ 2ND TURNING POINT SYMBOL • YELLOW PVC PIPE TEE SHOT LENGTH GREEN POINT SYMBOL GREEN PVC PIPE � 0 GOLF HOLE CORIDOOR LINE I TEE POINT SYMBOL --� BLACK PVC PIPE 6" TOPSOIL OR APPROVED - SAND PLATING IF APPLICABLE TRACER WIRE INSTALLED W /INTERFACE ALTERNATIVE GREEN SECTION FLAT PIPE DRAINAGE SYSTEM ENGLISH NOT TO SCALE APPROVED PUTTING SURFACE GREENS MIX ' I' 15' MAXIMUM SPACING r....... APPROVED CHOKER SAND 30" COLLAR � I'I CI � (IF REQUIRED) 5 1 ' PIN W /60 PENNY \ ♦ NAILS OR SOD STAPLES PLASTIC INTERFACE = \ / AS REQUIRED SUBGRADE NOTES: - REFER TO USGA RECOMMENDATIONS FOR A METHOD OF PUTTING GREEN CONSTRUCTION. 08 -t 6-04 - NO GEOTEXTILE FABRIC COVERING FLAT PIPE. TYPICAL BUNKER DETAIL ENGLISH NOT TO SCALE 2B 30" COLLAR .i 30" _ i ROUGH SLOPE C`. ' I" EXPOSED LIP -� k?9�'._ .G�i �. — 2" MINIMUM COMPACTED �`. SAND DEPTH SYNTHETIC BUNKER EROSION� CONTROL MATERIAL DO NOT EXCEED — 33 DEGREES OF MAXIMUM :! 1. -' SLOPE (PITCH) +�,` �u� T TOE DRAIN APPROX. 12" AWAY FROM SLOPE. NOTE: "SYNTHETIC BUNKER EROSION" TYPE SUBGRADE SHOULD - MA LL TO BE INSTALLED PER SLOPE 4 -6% TOWARD MANUFACTURERS SPECIFICARONS. MAIN DRAIN TYPICAL DRAIN TILE INSTALLATION NOT TO SCALE ,— MINIMUM 4" COMPACTED i/ SAND DEPTH r--14 GAUGE TRACER WIRE APPROVED WASHED GRAVEL 4" PERFORATED._.__. — DRAIN TILE i - COMPACTED - - -� SUBBASE s' i/3 w 0 w x z � — 4" COMPACTED SAND DEPTH — 4` COMPACTED SAND DEPTH z SUBGRADE - -- SUBGRADE SHOULD '— MAIN DRAIN \ ` SUBGRADE SHOULD SLOPE 2-3% TOWARD \ SLOPE 4-6% TOWARD MAIN DRAIN SUBGRADE SHOULD -- -' MAIN DRAIN SLOPE 2-3% TOWARD MAIN DRAIN GREEN SIDE BUNKERS 01 -09 -04 SPLASH BUNKER DETAIL ENGLISH NOT TO SCALE SOFTEN SLOPE ENOUGH FOR CLUB TAKEAWAY SPLASH BUNKER TYPICAL BUNKER MINIMUM 90" 2/3 1 / 3 6' ROUGH SLOPE COLLAR hr�ZyL ROUGH SLOPE I (VARIES) -� •�':!� �5�� y3 30" COLLAR 30�� 1/9 1.5 2 i -•t'# t=t - i. iiYiM 4g it -. _1Tt f -" 7 �1" EXPOSED LIP m `� MINIMUM 4" COMPACTED SAND —� 4' COMPACTED COMPACTED Z - i DEPTH SAND DEPTH �• - -- MAIN DRAIN II -. SYNTHETIC BUNKER EROSION —� SAND DEPTH _ i CONTROL MATERIAL `"} - --- SUBGRADE DO NOT EXCEED 33 DEGREES OF MAXIMUM — / +P'�' :-. ._ t a 5 }+� i •�� r ` SLOPE (PITCH) - i 'MAIN DRAIN \'•. TOE DRAIN APPROX. ! i 12" AWAY FROM SLOPE. •'• ' SUBGRADE-1 '1 SUBGRADE SHOULD SLOPE 4 -6% TOWARD SUBGRADE SHOULD \. 1 MAIN DRAIN SLOPE 2-3% TOWARD SUBGRADE SHOULD = MAIN DRAIN SLOPE 4 -6% TOWARD TYPICAL DRAIN TILE INSTALLATION MAIN DRAIN NOT TO SCALE / - -- MINIMUM 4" COMPACTED SAND / DEPTH �14 GAUGE TRACER WIRE APPROVED WASHED GRAVEL 4' PERFORATED— DRAIN TILE -- ,w =. COMPACTED —� '.. SUBBASE ......... .. ._.......___.. __ TYPICAL GREEN & BUNKER DRAINAGE SCHEME ENGLISH NOT TO SCALE CLEANOUT PIPE rG NOTE: INSTALL SEEPAGE TOE DRAIN LINE WHEN BUNKER IS S' DEEP �C . OR MORE. NOTE: TOE DRAIN PIPE TO BE SINGLE WALL / ALL OTHER BUNKER PIPE TO BE DOUBLE WALL NOTE: TO INLET OR OTHER BUNKER DRAIN LINES SHALL NOT POINT OF DISCHARGE CONNECT TO ANY PART OF THE GREENS DRAINAGE SYSTEM. SOLID PIPE f O 1 -09 -04 PERF. PIPE - - - - - - - - - - - - , BUNKER 1 1 CLEANOUT _ E:9 PIPE _CI , �_ � - - - - - - - - - -TO INLET OR - OTHER POINT I ' `� I - / /r v BUNKER �. -i' I' OF DISCHARGE CONGA IO CONG - , \ rG NOTE: INSTALL SEEPAGE TOE DRAIN LINE WHEN BUNKER IS S' DEEP �C . OR MORE. NOTE: TOE DRAIN PIPE TO BE SINGLE WALL / ALL OTHER BUNKER PIPE TO BE DOUBLE WALL NOTE: TO INLET OR OTHER BUNKER DRAIN LINES SHALL NOT POINT OF DISCHARGE CONNECT TO ANY PART OF THE GREENS DRAINAGE SYSTEM. SOLID PIPE f O 1 -09 -04 PERF. PIPE - - - - - - - - - - - - PLAN VIEW OF TYPICAL GREEN SIDE BUNKER ENGLISH NOT TO SCALE NOTE: FLY MOW SLOPE ONLY IN A BAY OF THE BUNKER NEXT TO THE PUTTING SURFACE. THE REMAINDER OF THE BUNKER SLOPES TO BE LONG ENOUGH TO BE MOWED WITH A RIDING MOWER (I.E. NATIONAL OR JACOBSON TRI KING). 0 1- 09 -0.4 GREEN / 30' COLLAR INCLUDED- - - - -., IN GREEN CAVITY / ADD BROAD FINGERS FOR GOLFER TO WALK IN & OUT OF BUNKER, AS WELL AS • / I �. Fes% II MAKING THE BUNKER . _. �+ ray /•t) n I' AESTHETICALLY MORE 'I /' . - �_' r•/� PLEASING GREEN I• _/ —MIN. BLOPE �'/ �P) /• lf o a.e� L I MpINTA \N ' I, /� LENGTHEN SLOPE (D FOR EASIER ACCESS IN & OUT OF BUNKER = AS WELL AS EASE OF I - - - -- CONCAVE ENTRANCE MAINTENANCE. INTO BUNKER FOR SLOPE 3:1 BETTER VISIBILITY NOTE: FLY MOW SLOPE ONLY IN A BAY OF THE BUNKER NEXT TO THE PUTTING SURFACE. THE REMAINDER OF THE BUNKER SLOPES TO BE LONG ENOUGH TO BE MOWED WITH A RIDING MOWER (I.E. NATIONAL OR JACOBSON TRI KING). 0 1- 09 -0.4 PLAN VIEW FAIRWAY ENGLISH OF TYPICAL BUNKER NOT TO SCALE NOTE: NO FLY MOW SLOPES, TYPICALLY THE BUNKER SLOPES NEXT TO FAIRWAY ARE STEEPER THAN THE ROUGH SIDE. SLOPES TYPICALLY ARE STEEPEST IN THE BAYS AND LONGER ON THE NOSES. O 1 -09 -04 FAIRWAY ADD BROAD FINGERS FOR GOLFER TO WALK IN & OUT OF BUNKER, AS WELL AS \ \ -� / `✓ 4-6 MAKING THE BUNKER \ ! AESTHETICALLY MORE PLEASING I \ / -- - -- _ ��4 -e% 1 FAI RWAY dap m L �v CON C- -- 1 / ' (C \' LENGTHEN SLOPE FOR EASIER ACCESS j IN & OUT OF BUNKER ! AS WELL AS EASE OF ' CONCAVE ENTRANCE MAINTENANCE. INTO BUNKER FOR BETTER VISIBILITY NOTE: NO FLY MOW SLOPES, TYPICALLY THE BUNKER SLOPES NEXT TO FAIRWAY ARE STEEPER THAN THE ROUGH SIDE. SLOPES TYPICALLY ARE STEEPEST IN THE BAYS AND LONGER ON THE NOSES. O 1 -09 -04 TYPICAL FAIRWAY BUNKER DETAIL ENGLISH NOT TO SCALE. FLASH SAND TO GRASS (ALL BUNKERS EXCEPT WHEN NEXT TO PUTTING SURFACE) 4" COMPACTED SAND DEPTH NOTE: TOE DRAIN MAY BE REQUIRED SEVERITY IS DETERMINED BY THE HEIGHT OF THE LIP ON THE APPROACH SIDE TO THE GREEN. (DIRECTION OF PLAY) THE ACTUAL HEIGHT IS MEASURED FROM THE BASE OF THE BUNKER TO THE HIGHEST POINT THAT THE SHOT MUST CLEAR. FIVE FEET IS NORMALLY THE MAXIMUM, THOUGH UNUSUAL CONDITIONS MAY PERMIT HIGHER SITUATIONS. ONE FOOT IS THE SHALLOWEST. ALL SLOPES AROUND BUNKERS SHALL NOT BE STEEPER THAN 5:1 UNLESS OTHERWISE SHOWN ON PLANS OR DIRECTED BY THE DESIGNER. 01 -09-04 TEMPORARY BUNKER DRAINAGE SYSTEM ENGLISH NOT TO SCALE y�.._. __...._._.__.._ 7 /9.--- __.._..- - -- ..._.._.__.---.._.... _......... ... _._._..__......... �...---- ----._ _..- - -'--- CAP - f I i.. it J v . -- 4° PERFORATED RISER\ rS�Vt i�T��jY �t 21!1 �• tii "' K�� }r1�4i`, y ;APPROVE D WASHED GRAVEL T WWI 'Fi SUBGRADE 'SOLID PIPE O i - 09 -OQ• TEE CONSTRUCTION 11811 ENGLISH NOT TO SCALE 4" MIN COMPACTED GREENS MIX SUB NOTES: 90' MIN. 90' MIN. SLOPE TO -� MATCH CONTOURS 4" MIN COMPACTED GREENS MIX SLOPE TO --' MATCH CONTOURS 1. SUBBASE SHOULD BE GRADED WITH 1 % PITCH FROM CENTER TO SIDES, SIDE TO SIDE, BACK TO FRONT, WHICHEVER CREATES THE SHORTEST DISTANCE OF SLOPE. SUBBASE TO PITCH AWAY FROM CART PATH AND TRAFFIC AREAS. II 2. FINISH TEE SURFACE TO BE LEVEL. o t -os -oa TEE CONSTRUCTION DETAIL ENGLISH NOT TO SCALE NOTE: CREATE EDGE TO CONTAIN TEE MIX --- i 33' MIN. SUBGRADE -�\ .� S/ 4 " -6" TOPSOIL - (IF REQUIRED) " -4" OF CHOKER SAND ___l% PITCH MIN. TO / I DRAIN LINE i `1 APPROVED WASHED --'� •`� '\ PEA GRAVEL I 4" PERFORATED DRAIN TILE FINISHED SURFACE IS LEVEL/ !I UNDISTURBED SOIL -' `4" MIN. COMPACTED GREENS MIX TO EDGE -� VASHED J �• 4" PERFORATED DRAIN TILE -\= 101-09-04 FINISH GRADE -- NOTE: CONCRETE CART PATH PER PROJECT ENGINEERS SPECIFICATION CART PATH DETAIL ENGLISH NOT TO SCALE WIDTH TO BE DETERMINED BY GOLF COURSE DESIGNER, OWNER, AND PROJECT ENGINEER �cD SUB-GRADE PER'PROJECT ENGINEER'S SPECIFICATION 3'RL' — FINISH GRADE COMPACTED AGGREGATE BASE PER ENGINEER'S SPECIFICATION (AS NEEDED) 1 O_ 08 -04 TEMPORARY DRAIN INLET DETAIL ENGLISH NOT TO SCALE SOLID PIPE (SIZE TO BE DETERMINED BY PROJECT ENGINEER) O 1 - 09_04 �IIFiK. 11 Ir II 11 If If 11 . �cl_r�?11Cirinui- u�unii�'iSt:��:� — o�II�ll�lr�lf�lf ==: n =n �Ir �n�u -1r: nfl�i�llla 11 PERFORATED DRAIN - �I • • PROJECT SOLID PIPE (SIZE TO BE DETERMINED BY PROJECT ENGINEER) O 1 - 09_04 SAMPLE STANDARD ABUTMENT SIDE VISO BRIDGE DETAIL CURB BLOC! DETAIL� C.,-. 't • , 00860 LIST OF DRAWINGS The Drawings which form a part of the Contract Documents and show the Work to be performed are as follows: Drawing No. of Drawing Title Number Sheets Dated Strategy Plan 1 1 02 -07 -06 Contour Plan 2 1 02 -07 -06 Contour Plan 3 1 02 -07 -06 Drainage Plan 4 1 02 -07 -06 Grassing Plan 5 1 02 -07 -06 Bunker Study Plan 6 1 02 -07 -06 Bury Pit Plan 7 1 02 -07 -06 END OF SECTION LIST OF DRAWINGS 00860 -1 BID PROPOSAL FORM MUST BE SUBMITTED IN TRIPLICATE BIDDER: Q G S Development, Inc. PROJECT: Village of North Palm Beach Golf Course Restoration PROJECT NO.: 03045.20 DATE: April 3, 2006 revised April 13, 2006 (Bid Submitted on) 00300 BID PROPOSAL FORM (Lump Sum) THIS BID IS SUBMITTED TO: Village of North Pahn Beach, Village Manager's Office 501 U.S. Highway 1 North Pahn Beach, Florida 33408 -4906 1. 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. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those: (a) dealing with the disposition of Bid security and (b) to the extent that any of the Bidding Documents are subject to the public records exemption set forth in Section 119.07(3)(ee), Florida Statutes, the BIDDER agrees to maintain the non - disclosure status of said documentation and information in accordance with the terms and provisions of said statute and by requesting or receiving such documentation or information is bound by this requirement. This Bid will remain subject to acceptance for 60 days after the day of Bid opening. BIDDER will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of OWNER's Notice of Award. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number 2/27/2006 1 3/3/2006 2 4/3/2006 Verbal Changes BID FORM 00300 -1 Q G S Development, Inc. March 15, 2006 rev April 11, 2006 rev April 13, 2006 (b) BIDDER has familiarized itself with the nature an extent of the Contract Documents. Work, site, locality, and all local conditions and laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawing of physical conditions which are identified in the Division 1: General Requirements as provided in paragraph 4. 2 of the General Conditions, and accepts the determination set forth in Division 1: General Condtions of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitles 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 or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price. within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.2 of the General Conditions: and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations., tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provision of paragraph 4. 3 of the General Conditions. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. (h) This BID is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation: BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid: BIDDER has not solicited or induced any person, firm or corporation to refrain for bidding: and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 4. BIDDER will complete the Work for the following price(s): BIDDER agrees to perform all the Work described in contract Documents, subject to adjustments as provided therein or as negotiated, for either the prices BIDDER provides on the proposed Lump Sum Schedule or as thereafter negotiated. 5. The BIDDER further declares it understands the OWNER may elect to construct only a portions of the Work covered by these Documents and BIDDER agrees to perform that portion of the Work for which BIDDER is awarded a Contract at the prices as negotiated. BID FORM 00300 -2 March 15, 2006 Q G S Development, Inc. rev April 13, 2006 6. Each BIDDER agrees to waive any claim it has or may have against the Owner, Engineer and their respective employees and /or consultants, that may arise out of or in connection with the administration, evaluation or recommendation of any bid or proposal for this Project. 7. BIDDER agrees that the Work will be substantially complete within 111 calendar days after 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 within 127 calendar days after the date when the Contract Time commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work on time. 8. The following documents are attached to, incorporated herein, and made a condition of this Bid: (a) Required Bid Security in the form of N/A (b) Bidder's Qualification Form (Page(s) BQF 1 -10). (c) Schedule of Values (Page(s) BFL -1). (d) Schedule of Subcontractors (Page(s) SUB -1). (e) Trench Safety Affidavit 9. Communications concerning this Bid shall be telephoned or addressed to: The phone number and address of BIDDER indicated below. 10. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. 11. BIDDER's Florida Contractor's License No. CG1506522 12. BIDDER covenants that it is qualified to do business in the State of Florida and has attached evidence of BIDDER's qualification to do business in the State of Florida, or if not attached, BIDDER covenants to obtain such evidence within five days of request by OWNER to provide evidence. 13. BIDDER covenants that it is qualified to do business in Palm Beach County, Florida and has attached evidence of BIDDER's authorization to do business in Palm Beach County, Florida, together with appropriate State of Florida licenses and /or appropriate Palm Beach County Certificates of Competency as required to complete the Work. 14. If BIDDER is: An Individual By (SEAL) (Individual's Name) (Signature) doing business as Business address: BID FORM 00300 -3 Q G S Development, Inc. March 15, 2006 rev April 11, 2006 rev April 13, 2006 Phone No.: A Partnership By (Firm Name) (General Partner) Business address: Phone No.: (Signature) (SEAL) A Corporation By Q G S Development, Inc. (SEAL) (Corporation Name) Florida (State of Incorporation) By James Armstrong (Name of Person Authorized to Sign) ASST. Vice President ((-;orporate Neat) Attest Irene Barnes (Secretary) (Signature) Business address: 17502 Country Road 672 Lithia, Florida 33547 Phone No.: (813) 634 -3326 BID FORM 00300 -4 Q G S Development, Inc. March 15, 2006 rev April 11, 2006 rev April 13, 2006 NORTH PALM BEACH COUNTRY CLUB February 6, 2006 BID FOR CONTRACT Do Not alter the Bid For Contract form. Note: Contractor must verify all quantities. I. CONTRACTOR MOBILIZATION Note: Contractor project start -up expenses. Maintenance Area can be used for temporary field office and pipe storage location. Practice Area parking lot can be use to store sand. A. Mobilization: LUMP SUM= $ 44,800.00 Total Category 1 .................................................... ............................... $ 44,800.00 II. EROSION CONTROL AND ENVIRONMENTAL Note: Federal State and Local laws and guidelines to be observed at all times. Contractor erosion control methods to be reviewed and/or approved by the Project Engineer. Includes maintenance of all erosion control and environmental materials during the construction process and cleanup and removal of all materials prior to the Contractor leaving the project at the end of the construction process, unless otherwise directed by the Owner A. Silt Fence Installation: 12,195 LF @ $ 200 /LF= $ 24,390.00 Note: Install silt fencing along Intercoastal Waterway and residential boundaries. Keep 15' buffer away from property lines B. Orange Mesh Fence Installation: 960 LF @ $ 3.30 /LF= $ 3,168.00 Note: Safety fencing around the Clubhouse area. C. Straw Hay Bale: Unit Cost $ 6.00 /Hay Bale D. Dust Control: Note: Only if site conditions warrant LUMP SUM= $ 17,350.01 Total Category II .................................................... ............................... $ 44,908.01 III. CLEARING AND GRUBBING Note: See clearing plan and Technical Specifications. Removal and/or protection methods to follow the Tree Care Industry Association standards. A. Individual Tree Removal: Note: Individual trees to be removed per plans or at the Designer's direction. Trees and their stump /root systems to be removed in their entirety and buried under designated mound locations as long as the material is cut to size and shape which will minimize future settling of landforms. Owner will provide a detailed tree list at the Pre -Bid meeting. 282 Trees @ $ 350.00 /Individual Tree= $ 98,700.00 Note: Estimated total +/- Total Category III ................................................... ............................... $ 98,700.00 BID FORM 00300 -5 Q G S Development, Inc. March 15, 2006 rev April 11, 2006 rev April 13, 2006 IV. TURF REMOVAL & BURY LTA VI. Note: The Owner will apply a minimum of 2 applications of roundup on the areas designated for turf rotovation prior to the Golf Course Contractors' turf rotovation procedure. A. Turf Rotovation: 120 AC @ $ 600.00 /AC = $ 72,000.00 Note: Estimated total acre. The Golf Course Contractor will strip the old turf to a minimum depth of 3" and bury at locations determined by the Designer and Owner's Representative All buried organic material to have a minimum 3" of clean soil cover. The placement of all excess material generated from the bury pits will be directed by the Designer. TotalCategory IV ............................. ............................... BUILDING REMOVAL & DISPOSAL A. Existing Restroom Removal: LUMP SUM Note: I on front nine (includes 1 small covered shelter) and Ion back nine. debris in designated on site pit locations. $ 72, 000.00 5,000.00 Bury building B. Existing Driving Range Building Removal: LUMP SUM $ 5,000.00 Note: I range house and I pavilion shelter. Bury building debris in designated on site pit locations. C. Existing Tennis Court & Fence Removal: LUMP SUM $ 6,500.00 Note: Bury tennis court and fence debris in designated on site pit locations. Total Category V .............................. ............................... $ 16,500.00 MASS EARTHWORKS Note: Total quantity not adjusted for shrinkage or swelling factors. All Contractor survey layout and staking necessary to perform the required scope of work to be included. A. Golf Course - CUT: Note: The Owner will verb Contractors'final dirt quantity by means ofsurvey cross sectioning. 244,346 CYDS @ 1.50 /CYD= $ 366,519.00 Total Category VI ................................................ ............................... $ 366,519.00 VII SHAPING Note: Includes all turf and landscape areas within the golf course boundary as depicted by the plans and Designers' direction. All contractor survey layout and staking necessary to perform the required scope of work to be included. Contractor to use minimum two (2) Designer approved "Lead" shapers. Steve Crotty is one (1) Designer approved "Lead" shaper. A. Cost of Steve Crotty: 3 and 1/2 months @ $14,500.00 /Month= $ 50,750.00 Note: Monthly fee includes Steve's monthly, fee /salary, housing and utilities, site vehicle and all running costs. Monthly fee does not include shaping equipment, maintenance or fuel expenses. Contractor to provide equipment and associated running costs to Steve for use during the renovation process. It is estimated that Steve will be on site starting May 1, 2006 thru August 15, 2006. If contractor delays the final grassing then Steve may be required longer than the estimated finish date. BID FORM 00300 -6 Q G S Development, Inc. March 15, 2006 rev April 11, 2006 rev April 13, 2006 B. Rough Shaping (Before irrigation installation): LUMP SUM $ 167,720.00 C. Final Shaping (After irrigation installation): LUMP SUM $ 207,460.00 Note: Includes final floating /preparations of all areas for grassing. Total Category VII ................................... ............................... $ 425,930.00 VIII. FEATURES CONSTRUCTION A. USGA Green Development: Note: Using flat pipe drainage method. Project Agronomist to speck approved sand/organic greens mix materials. Contractor to price using pea gravel from Rinker (AUee Miami Rid Rice Rock). This is California Style w /12" of USGA Mix, No Gravel and Flat Pipe. 126,023 SF @ $ 2.92 /SF= $ 367,987.16 B. Nursery Green Allowance: 10,000 SF @ $ Note: Per USGA Recommendations. C. Fumigation: 136,023 SF @ $ 2.92 /SF= $ 29,200.00 0.19 /SF= $ 25,844.37 D. Tee Development: 186,404 SF @ $ 0.24 /SF= $ 44,736.96 Note: Practice tees included. Includes all approved materials and laser leveling. Old greens mix is on the Practice Tee Only. Course tees are built front on -site material only, not select. This is an average price with t/ie two Apes of construction. There is no drainage in any tees. E. Bunkers: Note: Shaping and preparation of bunkers for grassing. Also includes final bunker subgrade preparation and installation of the herringbone drainage system and purchase and placement of approved sand in the bunkers. Approved sand: 37M. Contractor to provide laboratory test results for submitted bunker sand. 100,000 SF @ $ 1.97 /SF= $ 197,000.00 Note: Allowance only. Total quantity maybe more or less as bunker concept is determined during the early phases of the construction process. Total SF does not include shrinkage /loss /waste. F. Synthetic bunker erosion control material: Note: Sand Trapper #2. Installation per manufacturer's Specifications. Includes materials and installation. Unit Cost $ 1.05 /SF Total Category VIII .............................. ............................... $ 664,768.49 BID FORM 00300 -7 Q G S Development, Inc. March 15, 2006 rev April 11, 2006 rev April 13, 2006 IX. GOLF COURSE DRAINAGE Note: All golf course drainage shall be reviewed and approved by the Project Engineer. A. 8" round Nyloplast inlet: Unit Cost $ 202.97 /Inlet Note: Including perforated riser, fitting and gravel. B. 12" round Nyloplast inlet: 111 Inlets @ $ 287.16 /Inlet= $ 31,874.76 Note: Including perforated riser, fitting and gravel. C. 4" perforated plastic drain tile: Note: Including gravel. 2,453 LF @ $ 7.05 /LF= $ 17,293.65 Note: Allowance only. Field conditions may require more or less herringbone pipe installation. Total to be determined by the Owner, Owner's Superintendent, Project Agronomist, and the Designer during the construction and grassing phases. D. 4" solid plastic drain tile: 9,448 LF @ $ 5.09 /LF= $ 48,090.32 E. 6" solid plastic drain tile: 5,098 LF @ $ 6.47 /LF= $ 32,984.06 F. 8" solid plastic drain tile: 2,276 LF @ $ 8.69 /LF= $ 19,778.44 G. 10" solid plastic drain tile: 458 LF @ $ 12.15 /LF= $ 5,564.70 H. 12" solid plastic drain tile: Unit Cost $ 15.57 /LF I. 24" solid plastic drain tile: 1,081 LF @ $ 31.94 /LF= $ 34,527.14 Total Category IX ....................................... ............................... $ 190,113.07 BID FORM 00300 -8 Q G S Development, Inc. March 15, 2006 rev April 11, 2006 rev April 13, 2006 X. IRRIGATION Note: The irrigation system will be bid per the Irrigation Designer's plans and specifications. A. Old irrigation system removal: LUMP SUM = $ - Note: The disposal of original irrigation system components (pipe lines, wire, valve boxes, control boxes, pump station, pump house etc.) that are exposed during the construction /finishing process. Owner to remove existing irrigation heads prior to Contractor starting work. B. Rainbird Golf Course System: LUMP SUM = $ 993,653.52 This quote deducts 100 Irrigation heads ($75,000) and deletes the conduit required for the power wire ($18,000). C. Pump Station: LUMP SUM = $ 117,555.34 Total Category X ................................. ............................... $ 1,111,208.86 XI. GRASSING Note: See grassing specifications. Includes all hand planting in turf areas that cannot be covered by machine planting. The Project Agronomist to approve the method and specifications for hydro mulching. A. Greens: 131,023 SF @ $ 0.40 /SF= $ 52,409.20 Note: Certified TifEagle Burmudagrass from Pike Creek. 30 BU /1000 SF. B. Tees: 184,754 SF @ $ 0.08 /SF= $ 14,780.32 Note: Certified 419 Burmudagrass from Warren Prescott Sod. 600 BU /AC. C. Fairways & Roughs: 121.70 AC @ $ 1,150.00 /AC= $ 139,955.00 Note: Certified 419 Burmudagrass from Warren Prescott Sod. 600 BU /AC. Total acre allowance. Final fairway and rough quantity to be determined during the construction phase. D. Sod Allowance: 250,000 SF @ $ 0.31 /SF= $ 77,500.00 Note: Certified 419 Burmudagrass from Warren Prescott Sod. E. Soil Amendments: LUMP SUM = $ 19,471.67 Note: Project Agronomist to spec. Total Category XI ............................ ............................... $ 304,116.19 BID FORK 00300 -9 Q G S Development, Inc. March 15, 2006 rev April 11, 2006 rev April 13, 2006 XII. CART PATHS Note: Cart Paths shall be constructed to specifications supplied andlor approved by the Project Engineer. A. Existing Asphalt Removal: Note: Remove and dispose (off site) of existing asphalt cart path areas and section of Driving Range parking lot. 58,493 SF @ $ 0.70 /SF= $ 40,945.10 B. Existing Concrete Cart Path Removal: Note: Remove and dispose (on site designated burial) of existing concrete cart path system. 10,579 LF @ $ 4.00 /LF= $ 42,316.00 C. 8' wide concrete path: 14,450 LF @ $ 17.55 /LF= $ 253,597.50 D. 10' wide concrete path: Unit Cost $ 18.27 /LF E. 16' wide concrete path: 152 LF @ $ 35.09 /LF= $ 5,333.68 F. "Rolled" concrete curbing: 12,000 LF @ $ 3.89 /LF= $ 46,680.00 Note: Allowance only. Tee and green locations. G. Cart path drain inlet: Unit Cost $ 450.00 /Inlet Total Category XII ................................ ............................... $ 388,872.28 BID FORM 00310 -10 Q G S Development, Inc. March 15, 2006 rev April 11, 2006 rev April 13, 2006 XIII. BRIDGES Note: The Project Engineer to approve plans and specifications for bridges. Includes abutments, if required. A. Existing Bridge Removal: 51 LF @ $ 105.00 /LF= $ 5,355.00 B. New Wood Bridges: 82 LF @ $ 231.55 /LF= $ 18,987.10 Note: 12' minimum width includes low profile railing /curbing. I at 33 IF and 1 at 49 IF Total Category XIII ............................. ............................... $ 24,342.10 XIV. GPS AS -BUILT DRAWINGS Note: ALL QUANTITIES TO BE VERIFIED AND PAID FOR BASED ON GPS. See Technical Specifications. The Golf Course Contractor must collaborate with the Irrigation Designer and Irrigation Contractor regarding possible overlapping or overlooked information of the GPS services of each party to insure that a final and full set of GPS As -built drawings are produced and delivered to the Client and Designer at the completion of the project. A. Golf Course: LUMP SUM= $10,000 allowance provided by the owner. Total Category XIV ............................. ............................... $ 10,000.00 XV. PERFORMANCE. COMPLETION & PAYMENT BOND A. Cost of Bond: LUMP SUM= $ 38,000.00 Total Category XV ............................... ............................... $ 38,000.00 XVI. CONTRACTOR ADDITIONS / DELETIONS Note: This line item is provided for the Contractor to use at their discretion in the event that additional services may be deemed necessary other than what has been requested on the original Bid for Contract form, or where the Contractor observes a line item that can be value - engineered while still maintaining the desired quality of the design intent. If this line item is used then a detailed description of the Contractor's additions and/or deletions must be returned with the Bid for Contract form in order to be evaluated by the Owner and Designer. A. Contractor Additions / Deletions: LUMP SUM= $ TotalCategory XVI ................................................. ............................... $ BID FORM 00300 -I1 Q G S Development, Inc. March 15, 2006 rev April 11, 2006 rev April 13, 2006 BID SUMMARY I. Contractor Mobilization ........ ............................... $ 44,800.00 II. Erosion Control and Environmental Protection............ $ 44,908.01 III. Clearing .......................... ............................... $ 98,700.00 IV. Turf Removal & Bury .......... ............................... $ 72,000.00 V. Building Removal & Disposal ............................... $ 16,500.00 VI. Mass Earthworks ................ ............................... $ 366,519.00 VII. Shaping ........................... ............................... $ 425,930.00 VIII. Features Construction .......... ............................... $ 664,768.49 IX. Golf Course Drainage .......... ............................... $ 190,113.07 X. Irrigation .......................... ............................... 1,111,208.86 XI. Grassing ......................... ............................... .$ 304,116.19 XII. Cart Paths ........................ ............................... $ 388,872.28 XIII. Bridges ............................ ............................... $ 24,342.10 XIV. GPS As -Built Drawings ........ ............................... $ 10,000.00 SUBTOTAL ................ ............................... $ 3, 762, 778.00 XV. Performance, Completion and Payment Bond ............. $ 38,000.00 XVI. Contractor Additions / Deletions ............................ $ - TOTAL BID .............. ............................... $ 3,800,778.00 BID FORM 00300 -13 Q G S Development, Inc. March 15, 2006 rev April 11, 2006 rev April 13, 2006 NON - COLLUSION AFFIDAVIT STATE OF Florida COUNTY OF Hillsborough James Armstrong (Name) being duly sworn, deposes and says: that he is Assistant mice President (State official capacity in firm) the party making the foregoing proposal or bid, that such bid is genuine and not collusion or sham; that said bidder has not colluded, conspired, connived, or agreed directly or indirectly with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant of any other bidder or to fix any overhead, profit or cost element of said bid price or that of any other bidder, or to secure any advantage against , or any person interested in the propsed contract; and that all statements inAaid proposal are true. (Signatf of p &sdn 'gubmitting bid) Subscribed and sworn to before me this day of Public in and for said County. Irene Barnes Notary Public My Commission Expires: 11912007 Q G S Development, Inc. April 13 , 2006, a Notary March 15, 2006 rev April 11, 2006 rev April 13, 2006 List of Propsed Subcontractors Pike Creek Turf Warren Prescott Sod Hendricks & Dale Southern Features J Emory Bob Cat The Cart Path Co. SCHEDULE OF SUBCONTRACTORS Q G S Development, Inc. SCHEDULE OF SUBCONTRACTORS Category of Work Turf Supplier Turf Supplier Fumigation Bridges Demolition Concrete Cart Path SUB -1 March 15, 2006 rev April 11, 2006 rev April 13, 2006 MAR -14 -2006 16:56 Quality Grassing P.02 BID PROPOSAL FORM MUST BE SUBMITTED IN TRIPLICATIE BIDDER: Q G S Development, Inc. PROJECT: Village of North Palm Beach Golf Course Restoration PROJECT NO.: 03045,20 DATE: 14- Mar -06 (Bid Submitted on) 00300 BID PROPOSAL FORM (Lump Sum) T1419 BID IS SUBMITTED TO: Village of North Palm Beach, Village Manager's Office 501 U.S. Highway I North Palm Beach, Florida 3340849% 1. 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. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those: (a) dealing with the disposition of Bid security and (b) to the extent that any of the Bidding ,Documents are subject to the public records exemption set forth in Section l 19,07(3)(ee), Florida Statutes, the BIDDER. agrees to maintain the non - disclosure status of said documentation and information in accordance with the terms and provisions of said statute and by requesting or receiving such documentation or information is bound by this requirement. This Bid will remain subject to acceptance for 00 days after the day of Bid opening. 81DDE& will sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within 15 days after the date of OWNER's Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged): Date Number 02/27/2006 1 03/03/2006 2 BID FORM 00300 -1 Q G S Development, Inc. March 15, 2006 MAR -14 -2006 16:56 Quality Grassing P.03 (b) BIDDER has familiari2ed itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. (c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions which are identified in the Division I: General Requirements as provided in paragraph 4.2 of the General Conditions, and accepts the determination set forth in Division I: General Conditions of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (e) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as BIDDER considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4,2 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.3 of the General Conditions. (f) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given ENGINEER written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER_ (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding, and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER, 4. BIDDER will complete the Work for the following price(s): BIDDER agrees to perform all the Work described in Contract Documents, subject to adjustments as provided therein or as negotiated, for either the prices BIDDER provides on the proposed Lump Sum Schedule or as thereafter negotiated. 5. The BIDDER, further declares it understands the OWNER may elect to construct only a portion of the Work covered by these Documents and BIDDER agrees to perform that portion of the Work for which BIDDER is awarded a Contract at the prices as negotiated. BID NORM 00300 -2 MAR -14 -2006 16:56 Quality Grassing P.04 6. Each BIDDER agrees to waive any claim it has or may have against the Owner, Engineer and their respective employees and/or consultants, that may arise out of or in connection with the administration, evaluation or recommendation of any bid or proposal for this Project. 7. BIDDER agrees that the Work will be substantially complete within 1 I 1 calendar days after 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 within 127 calendar days after the date when the Contract Time commences to run_ BIDDER accepts the provisions of the .Agreement as to liquidated damages in the event of failure to complete the Work on time. 8. The following documents are attached to, incorporated herein, and made a condition of this Bid: (a) Required Bid Security in the form of NIA (b) Bidder's Qualification Form (Page(s) BQF 1 -10). (c) Schedule of Values (Page(s) BFL -I). (d) Schedule of Subcontractors (Page(s) SUB -1). (e) Trench Safety Affidavit 4. Communications concerning this Bid shall be telephoned or addressed to: The phone number and address of BIDDER indicated below. 10. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract Documents have the meanings assigned to them in the General Conditions. 11. BIDDER's Florida Contractor's License No. CG7506522 12. BIDDER covenants that it is qualified to do business in the State of Florida and has attached evidence of BIDDER's qualification to do business in the State of Florida, or if not attached, BIDDER covenants to obtain such evidence within five days of request by OWNED. to provide evidence. 13. BIDDER covenants that it is qualified to do business in Palm Beach County, Florida and has attached evidence of BIDDER's authorization to do business in Palm Beach County, Florida, together with appropriate State of Florida licenses and/or appropriate Palm Beach County Certificates of Competency as required to complete the Work. 14. If BIDDER is: An Individual By (SEAL) (Individual's Name) doing business as Business address. (Signature) BID FORM 00300 -3 Q G S Development, inc. March 15, 2006 1 � Phone No.: A Partnership By (General Partner) Business address: (Firm Name) (Signature) (SEAL) Phone No.: A Corporation By Q G S Development, Inc. (SEAL) (Corporation Name) Florida (State of Incorporation) By James Armstrong (Name of Person Authorized to Sign) ASST. Vice President (Corporate Seal) Attest Irene Barnes (Secretary) (Signature) Business address: 17502 Country Road 672 Lithia, Florida 33547 Phone No.: (813) 634 -3326 BID FORM 00300 -4 Q G S Development, Inc. March 15, 2006 MAR -14 -2006 16:56 Quality Grassing P.06 NORTH PALM BEACH COUNTRY CLUB February 6, 2006 BID 1+OR CONTRACT Do Not alter the Bid For Contract form. Note: Contractor must verity all quantities. I. CONTRACTOR MOBIL.TZATION Note: Contractor project start -up expenses. Maintenance Area can be used far temporary field office and pipe storage location. Practice Area parking lot can be use to store sand A. Mobilization: LUMP SLIM= S 44,800.00 TotalCategory 1 ..................................................... ............................... S 44,800.00 II. E1K STON CONTROL AND ENVIRONMENTAL Note: Federal ,state and Local laws and guidelines to be observed at all times. Contractor erosion control methods to be reviewed and/or approved by the Project Engineer. Includes maintenance of all erosion control and environmental materials during the construction process and cleanup and removal of all materials prior to the Contractor leaving the project at the end of the construction process, unless otherwise directed by the Owner A. Silt Fence Installation: 12,195 LF @ S Z.00 /LF= $ 24,390.00 Note: Install silt fencing along Intercoastal Waterway and residential boundaries. Keep 15' buffer away from property lines B. Orange Mesh Fence Installation: 960 LF Cad $ 3.30 /LF= $ 3,168.00 Note: Safety fencing around the Clubhouse area C. Straw Hay Bale: Unit Cost $ 6.00 /Hay Bale D. Dust Control: LUMP SUM= S 17,3S0.01 Note: Only if site conditions warrant Total Category II ...................................................... ............................... $ 44,908.01 III, CLEARING AND GRUBBING Note: See clearing plan and Technical Specifications_ Removal and/or protection methods to follow the Tree Care Industry Association standards. A. Individual Tree Removal: Note: Individual trees to be removed per plans or at the Designer's direction. Trees and their stump /root systems to be removed in their entirety and buried under designated mound locations as long as the material is out to size and shape which will minimise future settling of landforms. Owner will provide a detailed tree list at the Pre -Bid meeting. 282 Trees @ $ 350.00 /Individual Tree = $ Note. Estimated tonal +/- 98,700.00 Total Category III .................. . .................................. ............................... S 98,700.00 BID FORM 00300 -5 Q G S Development, Inc. March 15, 2006 MAR -14 -2006 16:56 Quality Grassing IV. TURF REMOVAL & BURY Note: The Owner will apply a minimum of 2 applications of roundup on the areas designated for turf removal prior to the Golf Course Contractors' turf stripping procedure_ A. Turf Removal: 120 AC @ _ $ _ 1,500.00 /AC = $ 180,000.00 Note: ,Estimated total acre. The Golf Course Contractor will strip the old turf to a minimum depth of 3" and bury at locations determined by the Designer and Owner's Representative All buried organic material to have a minimum 3" of clean soil cover. The placement of all excess material generated from the bury pits will be directed by the Designer. Total Category IV ............................. ............................... $ 180,000.00 V. BUILDING REMOVAL & DISPOSAL A. Existing Restroom Removal: LUMP SUM $ 5,00200 Note: 1 on front nine (includes 1 small covered shelter) and I on back nine. Bury building debris in designated on site pit locations_ B. Existing Driving Range Building Removal: LUMP SUM $ 5,000.00 Note: 1 range house and 1 pavilion shelter. Bury building debris in designated on site pit locations. C. Existing Tennis Court & Fence Removal: LUMP SUM $ 6,500.00 Note: Bury tennis court and fence debris in designated on site pit locations. Total Category V .............................. ............................... $ 16,500.00 Vi. MASS EARTHWORKS Note: Total quantity not adjusted for shrinkage or swelling factors. All Contractor survey layout and staking necessary to perform the required scope of work to be included A. Golf Course - CUT: Note: The Owner will vero Contractors' final dirt quantity by means of survey cross sectioning. 244,346 CYDS @ P.07 1.50 /CYD= $ 366,519.00 Total Category VI .......... ............................... . ....... ............................... $ 366,519.00 VIE SHAPING Note: Includes all turf and landscape areas within the golf course boundary as depicted by the plans and Designers' direction. All contractor survey layout and staking necessary to perform the required scope of work to be included Contractor to use minimum two (2) Designer approved "Lead" shapers. Steve Crony is one (1) Designer approved ",Lead" shaper. A. Cost of Steve Crotty: 3 and 1/2 months @ $ 14,500.00 /Month= $ 50,750.00 Note: Monthly fee includes Steve's monthly, fee /salary, housing and utilities, site vehicle and all running costs. Monthly fee does not include shaping equipment, maintenance or fuel expenses. Contractor to provide equipment and associated running costs to Steve for use during the renovation process. It is estimated that Steve will be on site starting May 1, 2006 thru August 19, 2006. If contractor delays the final grassing then Steve may be required longer than the estimated finish date. BID FORM 00300 -6 Q G S Development, Inc. March 15, 2006 MAR -14 -2006 16:56 Quality Grassing P.08 B. Rough Shaping (Before irrigation installation): LUMP SUM $ 192,080.00 C. Final Shaping (After irrigation installation): LUMP SUM S 240,125.00 Note: Includes final floating/preparations of all areas for grassing. Total Category VII .................................... ............................... $ 482,955.00 VIII. FEATURES CONSTRUCT7C�N A. USGA Green Development: Nole: Using flat pipe drainage method Project Agronomist to specify approved sand/organic greens mix materials. Contractor to price using pea gravel from Rinker (Alice Road Rice Rock). 126,023 SF @ $ 3.89 /SF= S 490,229.47 B. Nursery Green Allowance: 10,000 S)= @ $ 4.24 /SF= $ 42,400.00._ Note: Per USGA Recommendations. C. Fumigation: 136,023 SF @ $ 0.19 /SF= $ 25,844.37 D. Tee Development: 185,404 SF @ S 0.62 /SF= $ 115,570.48 Note: Practice tees included. ,includes all approved material and laser leveling Old greens mix is acceptablefor use on new tees. E. Bunkers: Note: Shaping and preparation of bunkers for grassing. Also includes f nal bunker subgradc preparation and installation of the herringbone drainage system and purchase and placement of approved sand in the bunkers. Approved sand: 37M. Contractor to provide laboratory test results for submitted bunker sand 100,000 SF @ S 1.97 /SF= S 197,000.00 Note: Allowance only. Total quantity may be more or less as bunker concept is determined during the early phases of the construction process. Total SF does not include shrinkage /loss /waste. F. Synthetic bunker erosion control material: Note: Sand Trapper #2. Installation per manufacturer's Specifications. Includes materials and installation. Unit Cost $ 1.05 /SF Total Category WIT .............................................................. $ 871,044.32 ALTERNATE FEATURES CONSTRUCTION A. USGA Green Development: Note: Using flat -pipe drainage method Contractor to price using hard pea graved from Georgia. 136,023 SF @ $ 4.37 /SF= S 594,420.51 BID FORM 003007 Q G S Development, Inc. March 15, 2006 MAR -14 -2006 16:56 Quality Grassing B. USGA Green Development: Note: Using flat -pipe drainage method, Project Agronomist to specify approved sandleeramic (perma pore) greens mix materials. Contractor to price using pea gravel from Rinker pit near Miami. 136,023 SF @ $ 5.29 /SF = $ 719,561.67 C. "Modified" California Green Development "A ": Note: Using local on site sand4 blend with organic (peat) and install flat pipe drainage. Project Agronomist to determine sand mix depth. 136,023 SF a $ 3.70 JSF= S 503,285.10 D. "Modified" Califomia Green Development "B": Note: Using local on site sand, blend with ceramic (perma pc -e) and Install flat pipe drainage. Project Agronomist to determine sand mix depth. 136,023 SF @ $ 4.90 /SF= $ 666,512.70 JX CLOLF, COURSE. DRA1N_A -G Note: All golf course drainage shall be reviewed and approved by the Project Engineer. A. 8" round Nyloplast inlet: - Unit Cost S 202.97 /Inlet Total Category 1X ........... ............................... . .......................... .. S 212,669.42 BID FORM 00300 -8 P.09 Q 0 S Development, Inc. March 15, 2006 Note: Including perforated riser, fitting and gravel. 8. 12" round Nyloplast inlet: 111 Inlets @ S _ /Inlet= $ 31,874.76 Note: Including perforated riser, fitting and gravel. C. 4" perforated plastic drain tile: Note: Including gravel. 5,000 LF @ $ 7.97 /LF= $ 39,850,00 Note: Allowance only. Field conditions may require more or less herringbone pipe installation. Total to be determined by the Owner, Owner's Superintendent, Project Agronomist, and the Designer during the construction and grassing phases. D. 4" solid plastic drain tile: 9,448 LF @ S 5.09 /LF= S 48,090.32 E. 6" solid plastic drain tile: 5,098 LF @ $ 6.47 /LF= $ 32,984.06 F. 8" solid plastic drain tile: 2,276 LF @ $ 8.69 /LF= S 19,778,44 _ G. 10" solid plastic drain tile: 458 LF @ $ 12.15 /LF= $ 5,564.70 H. 12" solid plastic drain tile: Unit Cost S 15,57 /LF 11 24" solid plastic drain tile: 1,081 LF @ $ 31.94 /LF= $ 34,527.14 Total Category 1X ........... ............................... . .......................... .. S 212,669.42 BID FORM 00300 -8 P.09 Q 0 S Development, Inc. March 15, 2006 MAR -14 -2006 16:57 Quality Grassing X. IRRIGATION Note: The irrigation system will be bid per the Irrigation Designer's plans and specifications. A. Old irrigation system removal: LUMP SUM = $ 10,000.00 Note: The disposal of original irrigation system components (pipe lines, wire, valve boxes, control boxes, pump station, pump house etc.) that are exposed during the constructionlfinishing process. Owner to remove existing irrigation heads prior to Contractor starting work B. 'Toro Golf Course System: C. Pump Station: LUMP SUM = $ 1,094,179.91 LUMP SUM = $ 117,555.34 Total Category X .................................. ........ ....................... A 1,221,735,25 ALTERNATE IRRIGATION A. Rai.nbird Golf Course System: B. Pump Station: LUMP SUM = S 1,086,653.52.. LUMP SUM = $ 117,555.34 Total Alternate Category ...................................... ............................:.. $ 1,204,208.86 XI. GRAOTNG Note: See grassing specifications. Includes all hand planting in turd areas that cannot be covered by machine planting. The Project Agronomist to approve the method and specifications for hydro mulching. A. Greens. 131,023 SF c@it S 0.40 /SF= $ 52,409.20 Note: Certified TifEagle Burmudagrass from Pike Creek 30 SU11000 SF. B. Tees: 184,754 SF rr $ 0.08 /SF= $ 14,780.32 Note: Certified Celebration Burmudagrass from J & W Sod 600 BUTAC. C. Fairways & Roughs: 115.93 AC @ $ 1,503.19 /AC= $ 174,264.82 Note: Certified Celebration Burmudagrass from J & W Sod. 600 BU /AC. Total acre allowance. Final fairway and rough quantity to be determined during the construction phase. D. Sod Allowance: 500,000 SF @ $ 0,37 /SF= 5 185,000.00 Note: Certified Celebration Burmudagrass from J & W Sod E. Soil Amendments: LUMP SUM = $ 19,466.07 Note: Project Agronomist to specify. Total Category XI ............................. ............................... $ 445 920.41 ALTERNATE GRASSING P.10 A. Tees: 184,754 SF @ $ 0.06 /SF--- $ 11,0$5.24 Note: Certified TJway 419 Burmudagrass from Pike Creek. 600 BU /AC BID FORM 00300 -9 Q G S Development, Inc. March 15, 2006 MAR -14 -2006 16:57 Quality Grassing P.11 XII. 13. Fairways & Roughs: 1 15.93 AC @ $ 988.48 /AC= S 114,594.49 Note: Certified Tfvay 419 Burmudagrass from Pike Creek 600 BU /AC Total acre allowance. Final fairway and rough quantity to be determined during the construction phase, C. Sod Allowance: 500,000 SF @a $ 0.42 /SF= $ 210,000.00 Note: Certified Tifway 419 Burmudagrass from Pike Creek D. Synthetic Turf Installation: 1,650 SF @ $ 20.00 /SF- $ 33,000.00 Note: Located at Driving Range tee (275'x 6). Contractor to provide synthetic turf product information /speeifcatlons/details jbr Owner and Designer review. E. Hydro Mulch Allowance: 168,660 SF @ $ 0.19 /SF= $ 32,045.40 Note: Owner, Designer and Project Agronomist to determine areas for hydro mulch. CART PAT1i$ Note: Cart Paths shall he constructed to specifications supplied andlor approved by the Project Engineer. A. Existing Asphalt Removal: Note: Remove and dispose (off site) of existing asphalt cart path areas and .section of Driving Range parking lot. 58,493 SF @ $ 0.70 /SF= $ 40,945.10 B. Existing Concrete Cart Path Removal: Note: Remove and dispose (on site designated burial) of existing concrete cart path system. I0,579 LF @ $ 4.00 /LF= $ 42,316.00 C. 8' wide concrete path: 23,146 LF @ S 17.55 /LF= $ 406,212.30 D. 10' wide concrete path: Unit Cost $ 18.27 /LF E. 16' wide concrete path: 244 LF @ $ 35.09 /LF= $ 8,561.96 F. "Rolled" concrete curbing: 12,000 LF @ $ 3.89 /LF= $ 46,680.00 Note: Allowance only. Tee and green locations. G. Cart path drain inlet: Unit Cost $ 450.00 /inlet Total Category XII ....................... ............................... S 544,71536 ALTERNATE CART PATHS Note: Owner, Designer and Project Engineer to approve "screenings " path material. A. 8' wide "screenings" path: B. 10' wide "screenings" path: C. 16' wide "screenings" path: Q G S Development, Inc. 23,146 LF @ $ 10.96 /LF= $ 253,6$0.16 Unit Cost S 13.70 /LF 244 LF @ S 21.92 /LF= S 5,348.48 BID FORM 00310 -10 March 15, 2006 MAR -14 -2006 16:57 Quality Grassing P.12 XIII. BRIDGES Note: The Project Engineer to approve plans and specifications fur bridges. Includes abutments, if required A. Existing Bridge Removal: 51 LF @ $ 105.00 /LF= $ 5,355.00 B. New Wood Bridges; 82 LF @ S 231.55 /LF= $ 18,987.10 Note: 12' minimum width includes low profile railing/curbing. I at 33 LF and 1 at 49 LF. Total Category XIII ............................... ............................... $ 24,34z.10 XIV, GPS AS -BUILT DRAWINGS Note: ALL QUANTITIES TO BE VERIFIED AND PAID FOR BASED ON GPS. See Technical Specifications. The Golf Course Contractor must collaborate with the Irrigation Designer and Irrigation Contractor regarding possible overlapping or overlooked information of the GPS services of each party to insure that a final and full set of GPS As -built drawings are produced and delivered to the Client and Designer at the completion of the project. A. Golf Course: LUMP SUM= $ 29,970.00 Total Category XIV ............................... ............................... $ 29,970.00 XV. PERFORMANCE. COMPLETION & PAYMENT BOND A. Cost of Bond: LUMP SUM= $ 46,350.00 Total Category XV ................................. ......................... ...... S 46,350,00 XVI. CONTRACTOR ADDITIONS / DELETIONS Note: This line item is provided for the Contractor to use at their discretion in the event that additional services may be deemed necessary other than what has been requested on the original Bid for Contract form, or where the Contractor observes a line item that can be value- engineered while still maintaining the desired quality of the design intent lfthis line item is used then a detailed description of the Contractor's additions and/or deletions must be returned with the Bid for Contractform in order to be evaluated by the Owner and Designer. A. Contractor Additions / Deletions: LUMP SU'M= $ TotalCategory XVI ..................................................... ....... ...................... S - BID FORM 00300 -11 Q G S Development, Inc. March 15, 2006 MAR -14 -2006 16:57 Quality Grassing BED SUMMARY I. Contractor Mobilization ........ ............................... $ 44,800.00 it, Erosion Control and.Environmental Protection ............ $ 44,908.01 III. Clearing ........................... ............................... $ 98,700.00 1V. Turf Removal & Bury .......... ............................... $ 180,000.00 V. Building Removal & Disposal . ............................... S 16,500.00 V1. Mass Earthworks ................ ............................... $ 366,519.00 VIi. Shaping ........................... ............................... $ 482,955:00 VIII. Features Construction ........... ............................... S 871,044.32 IX. Golf Course Drainage ........... ............................... $ 212,669.42 X. Irrigation .......................... ............................... $ 1,221,735.25 Xi. Grassing .......................... ............................... S 445,920.41 XT(. Cart Paths ......................... ............................... $ 544,715.36 XI.LI. Bridges ............................ ............................... $ 24,342.10 X1V. GPS As -Built Drawings ........ ............................... $ 29,970.00 SUBTOTAL ................ ............................... S 4,584,778 87 XV. Performance, Completion and Payment Bond .............. $ 46,350.00 XVI. Contractor Additions I Deletions ............................. S P.13 TOTAL BID ..................................... I ...... ., $ 4,631,128.87 BID FORM 00300 -13 Q G S Development, lnc. March 15, 2006 NON - COLLUSION AFFIDAVIT STATE OF Florida COUNTY OF Hillsborough James Armstrong (Name) being duly sworn, deposes and says: that he is Assistant Vice President (State official capacity in firm) the parry making the foregoing proposal or bid, that such bid is genuine and not collusion or sham; that said bidder has not colluded, conspired, connived, or agreed directly or indirectly with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the bid price or affiant of any other bidder or to fix any overhead, profit or cost element of said bid price or that of any other bidder, or to secure any advantage against , or any person interested in the propsed contract; and that all statements in said proposal are true. (Signature If person submitting.bid) Subscribed and sworn to before me this day of Public in and for said County. Notary Wi My Commission Expires: March 14, , 2006, a Notary aP" GREG FOWLER MY COMMISSION # DD517304 OF 04 EXPIRES: Feb. 13, 2010 _FbAdo Notary SeMce.com Q G S Development, Inc. March 15, 2006 MAR -14 -2006 16:57 Quality Grassing SCHEDULE OF SUBCONTRACTORS List of Propsed Subcontractors Category of Work .Pike Creek Turf Turf Supplier J& WTurf Hendricks & Dale Southern Features J Emory Bob Cat The Cart Path Co. SCHEDULE OF SUBCONTRACTORS Q 0 S Development, Inc. Turf Supplier Fumigation Bridges Demolition Concrete Cart Path P.15 SUB -1 March 15, 2006 PROJECT: Village of North Palm Beach Golf Course Restoration PROJECT NO.: 03045.20 BIDDER QUALIFICATION FORM Name of Bidder Q G S Development, Inc. Address of Bidder 17502 County Road 672 Lithia, Florida 33547 To: Village of North Palm Beach 501 U.S. Highway 1 North Palm Beach, FL 33408 -4906 Gentlemen: The signer of this affidavit guarantees the truth and accuracy of all statements and information submitted herein in support of its bid proposal to furnish all materials, equipment, and labor, and to perform all work in accordance with the Contract Documents for Golf Course Restoration located in Palm Beach County, Florida. The undersigned hereby authorizes and requests any public official, engineer, architect, surety company, l bank depository, material or equipment manufacturer or distributor or any person, firm or corporation to furnish any pertinent information requested by Owner's Engineer, SFRN, Inc., 1201 Belvedere Road, West Palm Beach, Florida 33405, deemed necessary to verify the statements made, information submitted, or regarding the standing and general reputation of the applicant. The undersigned has not been disqualified by any public agency in Florida except as is explained as follows: N/A The undersigned further affirms that, if false information is furnished in support of its bid proposal, it can and will be prosecuted to the fullest extent of the law for perjury. Q G S Development, Inc. Sworn to and subscribed before / me this 14 day of March 20 06 i t BY: James Armst /rong Notary Public - State of Florida Title of Person Signing (If Corporation, Affix Seal) Assistant mice President My commission expires as GRE7,POWLER �. MY COMMISSION # DD517304 EXPIRES: Feb. 13,2010 rinted, typed, Or Stamp (4071380.0753 110ddallolmySwlce.com commissioned name of notary public) Personally known OR Produced identification (Type of identification) X QUALIFICATION OF BIDDER BQF -1 L_ i Q G S Development, Inc. March 15, 2006 MAR -14 -2006 16:57 Quality Grassing PART I - STATEMENT OF EXPERIENCE 1) Legal Name, Address, and Telephone Number: Q G S Developmen4 Inc. 17502 County Road 672 Lithia, Florida 33547 (813) 634 -3326 2) Check one; Corporation Il; ; Partnership ; Individual 3) If a Corporation, state: Date of Incorporation Nov. 23, 1982 State in which. incorporated: Florida Name and title of Principal Officers Howard Barnes / President Owner J W Thomas/ VP Owner Irene Barnes /See & Treas 11/23/1982 1112311982 11/2311982 Date of Assuming Position If an Out -of -State Corporation, currently authorized to do business in Florida, give date of such authorization: NIA 4) If Partnership: Date of organization: Nature of Partnership (General, Limited, or Association): Names and Addresses of Partners Age of Partner QUALIFICATION OF BIDDER BQF -2 P.17 Q G S Development, Inc. March 15, 2006 MAR -14 -2006 16:57 Quality Grassing 5) If an Individual, state -- Name & Address of Owner: 6) Enumerate State, County, or other Public Agencies in which your organization is qualified to perform work by some means of pre - qualification: Trade in Which Expiration Approved Agency Oualified Date Amount P.18 7) Describe your organizational structure, including the number of permanent employees engaged in cost estimating, purchasing, expediting, detailing, and engineering, field supervision, field engineering, and layout: Available Upon Request (Use extension sheet if necessary) 8) Give names & data about any construction projects you have failed to complete: None (Use extension sheet if necessary) 9) Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a construction contract? No . If within the last five (5) years, state name of individual, other organization, and reason therefor, QUALIFICATION OF BIDDER BQF -3 Q G S Development, Inc. March 15, 2006 MAR -14 -2006 16:57 Quality Grassing P.19 10) Has any officer or partner of your organization ever failed to complete a construction contract handled in his own name? No . If within the last five (5) years, state name of individual, name of owner, and reason therefor: 11) Has your organization, or any officer or partner thereof, ever been party to any criminal litigation as a result of construction methods, costs, etc? No. If yes, state case number, case name, and provide pertinent details, including judgment: (Attach extension sheet if necessary) 12) Has your organization, or any officer or partner thereof, ever been party to any civil litigation as result of construction methods, costs, etc? No. If yes, state case number, case name, and provide pertinent details, including judgment: (Attach extension sheet if necessary) - -� QUALIFICATION OF BIDDER BQF -4 Q G S Development, [nc. March 15, 2006 MAR -14 -2006 16:57 Quality Grassing 13) Name all persons with whore you have been associated in the construction business, either as partners or as general business associates in a construction firm, for each of the last five (5) years: 2004 2003 2002 2001 2000 14) Indicate type of contracting undertaken by your Organization and number of years experience: As Prime Contractor: Type: Golf Course No. of Years 20 Type: Site No. of Years 4 As Subcontractor: Type: No. of Years Type: No. of Years 15) Give any special qualifications of firm members (Registered Engineer, Surveyor, etc_) (Use extension sheet if necessary) QUALIFICATION OF BIDDER BQF -5 P.20 Q G S Development, Inc, March 15, 2006 MAR -14 -2006 16:57 c U 0 � W � H a w a a y Quality Grassing w h G3 D w v tu I i P.21 cox. °v �' cv zr n r� Ci w O � O d 4 4 t7 CY MAR -14 -2006 16:57 Quality Grassing c A � o � b d y 4 w � a d •4 N b wi d d O O d rq U � N U C° W M n rO a u R w N 1 P.22 M GY v U�yy P1 A -4 1 C a bq y �b � N u � b 4 O � e"rC O Q C1 U w � C, U C1 CJ z CN b O U 9) y u c A � o � b d y 4 w � a d •4 N b wi d d O O d rq U � N U C° W M n rO a u R w N 1 P.22 MAR -14 -2006 16:57 Quality Grassing P.23 w chi O z w 6d PC c rw W dpi f/2 O cn O G. p U L � Q G � 4l Q Q O N z �' MAR -14 -2006 16:57 Quality Grassing 19) What is the largest contract (dollar costs) ever performed by your organization? Name of Work: The Founders Club Total Contract Amount: $ 16,598,305 Amount of Your Contract: $ 16,598,305 20) How much time was lost during the last two (2) years from strikes? Total Man Days: N/A Total Calendar Days: Explain Cause: PART II - GENERAL FINANCLAL INFORMATION: 1) Give total contract value of work accomplished by your organization in each of the last three (3) years- P.24 2004- $ 34,880,952 2003 - $ 29,851,174 2002- $ 24,402,074 2) Give contract value of work now pending award to your organization: State amount requiring bond if awarded: 0 _ 3) Give the value of any judgments or liens outstanding against your organization: N/A Explain QUALIFICATION OF BIDDER BQF -9 Q G S Development, Inc. March 15, 2006 MAR -14 -2006 16:57 Quality Grassing P.25 4) Give names of Surety Companies & Agent under which you have functioned within the last three (3) years: 2004 Great American Insurance Co. 2003 Great American Insurance Co. 2002 Great American Insurance Co. 5) Estimate your maximum bonding capacity: $ 20,000,000 How much is unencumbered and available as of this date? $ 20,000,000 6) Has any Surety Company refused to write you a bond on any construction work? No If yes, explain: ?) What is the dollar value of the largest project you consider your organization is qualified to undertake? $ 20,000,000 END OF FORM QUALIFICATION OF BIDDER BQF -10 Q G S Development, Inc. March 15, 2006 IN PROJECT: Village of North Palm Beach Golf Course Restoration PROJECT NO. 03045.20 TRENCH SAFETY AFFIDAVIT (FAILURE TO COMPLETE THIS FORM MAY RESULT IN THE BID BEING DECLARED NON- RESPONSIVE) Q G S Development, Inc. (NAME OF CONTRACTOR) hereby provides written assurance that compliance with applicable Trench Safety Standards identified in the Occupational Safety & Health Administration's Excavation Safety Standards, (OSHA) 29 C.F.R.S. 1926.650 Subpart P will be adhered to during trench excavation in accordance with Florida Statutes 553.60 through 553.64 inclusive (1990), "Trench Safety Act ". The undersigned acknowledges that included in the various items of the proposal and in the Total Bid Price are costs for complying with the Florida "Trench Safety Act" as summarized below: (Attach additional sheets as necessary) Schedule Item Trench Safety Measure (Slope, Trench Shield, etc. Cost Total $ - (Signat (Date) L STATE OF Florida COUNTY OF Hillsborough Subscribed and Sworn to (or affirmed) before me on 14- Mar -06 (date) by James Armstrong (name). He /she is personally known to me or has presented known type of identification as ' e t' L �,,pv GREG FOWLER h4Y CJ[ -w.-. ' -'.:'t " ._ i,ii ?304 [ 1 ota ublic Signature and Seal Print tats N q and'?— iiss1 byp o. (407) 39"153 Flodda Notary Wce.com it L j Q G S Development, Inc. March 15, 2006 MAR -14 -2006 16:57 Quality Grassing ADDENDUM ADDENDUM NO.: 1 P.27 "'HE PIGNA.'TO GROUP, INC. Golf hrrigatiton Consultants 13402 LA MmADA OR= WELLINGTON, FLORIDA USA 33414 T561.649-55-50 F 561.649.5552 E -MAIL: THRP1GNAT0GR0UP@a)A0L.00M DATE: 02 /27 /06 RE: REQUmED CHANGES To DRAWiNGOM PROJECT: NORTH PALM BEACH CC, NORTH PALM BEACH, FLORIDA Please incorporate these changes into your scope of work and pricing at North Palm Reach CC: ITEM a.. Fertigatlon System. John Morsut, Golf Course Superintendent is requesting that a fertigation system be supplied and installed by the irrigation contractor. He has selected the following manufacturer and model of fertigation system: Fertigation Specialists, Inc., 4781 N. Congress Ave 4235, Boynton Beach, Fl 33426 Phone: 661.236.3468 ...... Contact: Jim Lancaster System: Model 1500 rouble Injector System 1 Model 1500 Double Injector Panel 180 gph Simplex Stainless Steel Pump with % HPDC motor 1 Injection port and SS check valve assembly 1 Installation, Calibration, hoses, bail valves and fittings System requires a signal from 2208 data flow probe Customer Responsibilities, 1. Provide 115 volts to Model 1500 Panel. 2. Provide (1) 2" threaded steel pipe to let in main irrigation pipe 2208 data flow probe If needed. 3. Provide tank site preparation. Z2 k �4— M16h&el J, Pignato HE PIGNATO CROUP, INC. Date MAR -14 -2006 16:57 Quality Grassing F It Ir RIII► I P.28 'ICE FIGNATO GROUP, INC. Gelf gation Consults 13402 LA MIRADA CIRCLE WELLINGTON, FLURIDA USA 334-14 T 561.649.555o F 561. 649.5552 E -MAIL: THEPIGNATOGROUPOAOL.COM DATE: 03/02/04 ADDENDUM NO.: 2 RE: REQuutm CHANGES TO DRAWINGS/PM NomcT: NORTH PALM BEACH CC, NORTH PALL REACH, FLORIDA Please incorporate these changes into your scope of work and pricing at North Palm Beach CC: fil_M :L Fertigation System. Please a 1,550 gallon liquid fertilizer storage tank to your prowl. This tank is to be supplied by the same company that was listed in Addendum #1 that will supply the fertigation system, 1,�2t, 4:76�- MI ael J. Pi ato pate E PIGNATO GROUP, INC. MAR -14 -2006 16:57 Quality Grassing COWANY PROFTE To be submitted in duplicate and to accompany bids submitted to construct the "GOLF COURSE IRRIGATION SYSTEM", North Palm Beach Country Club, North Palm Bach, Florida. 1. Name of Bidder Q G S Development Inc. 2. Business Address 97502 C:IZ 672 Lithia, FL. 33547 3. Telephone/ Fax Number 873634 -3526 4. Email TRUSH @GGSDEVELOPMENT OM 5. When Organized I Where Incorporated? 7983(Roride B. Financial Statement Attached YIN Available upon request 7. Credit Available for this Contract $ Unlimited 8_ Contracts now in hand, Gross Amount $ Available upon request 9. How many years have you been engaged in the contracting business under the present firm name? 23 Years 10. Letter from Surety Firm certifying their AM Best rating and listing with the US Treasury enclosed (YIN) Available upon Request 11- Licenses held by Company, Owner, or Agent Available upon request 12. Plan of Organization (Proprietorship, Partnership, Corporation) Corporation 13. Have your ever refused to sign a contract at your original bid? No 14. Have you ever been declared in default on a contract? No 15. Remarks regarding #12 or #13 attached (YIN) None P.29 z NORTH PALM BEACH CC NICKLAUS DESIGN THE PIGNATO GROUP Q G S Development, Inc. March 15, 2006 MAR -14 -2006 16:58 Quality Grassing CONTRACTOR RESUME 1. Company Name & Address Q G S Development, Ina 17502 GA 672 Lithia, FL 33547 11. Telephone/Facsimile Numbers 813 - 634 -3326 813- 634 -1733 Fax M. List Previous 5 Projects Completed. Please include The Following: o Name and Address of the Project o Name and Telephone Number of Golf Course contact o Name and Telephone Number of Golf Course Builder o Date Installed o Type of Control System and # of Heads o Any special notes Bidder Resume: PROJECT All BayPoint The Lengend Golf Club Panama City, Florida Bob Barrett (205) 970 -2295 Q G S Development, Ina (800) 446-3326 12 -06-04 - 4- 10-05 Toro 0smae E 860 Heads NORTH PALM: REACH CC NICKLAUS DESIGN P.30 3 THE PIGNATO GROUP Q G S Development, Inc. March 15, 2006 MAR -14 -2006 16:58 Quality Grassing Bidder Resume: PROJECT #2 Indian Spring 11501 El Claire Ranch Road Boynton .Beach, Florida 33437 Kip Schulties (561) 373 -1975 Q G S Development, Ina (800) 446-3326 4-17-05 - 8 -15-05 Toro site Piro 1200 Heads Bidder Resume: PROJECT The Founders Club 9000 Fruitville road Sarasota, ,Florida 34240 Fred Starling (941) 378 -3811 Q G S Development, Ina (800) 446-3326 2-0"4 - 8 -12 -04 Toro LTC 1400 Heads NORTH PALM BEACH CC NICKLAUS DESIGN P.31 4 THE PIGNATO GROUP Q G S Development, Inc. Msnb 15, 2006 MAR -14 -2006 16:58 Quality Grassing P.32 Bidder Resume: PROJECT #4 Duran Golf club 738 Murrell Road Vwra, Florida 32940 Mary Ellen McKibben (321) 621.2,000 Q G S Development, Ina (800) 446 -3326 4 -19-04 7 -30-04 Toro Site Pro /LTC 1200 Heads Bidder Resume: PROJECT #5 South Seas Resort 5460 .Plantation Road Captiva Island, Florida John Johnson (239) 340.3216 Q G S Development, Inc- (800) 4463326 11-03-05- 2 -0106 Toro LTCPlus 600 Heads :/ -o b Si bare 5 NORTH PALM BEACH CC NICKLAUS DESIGN THE PIGNATO GROUP Q G 8 Development, Inc. Murcb 15, 2006 MAR -14 -2006 16:58 Quality Grassing WORKFORCE PROFILE --- -Name of this Job's Supervisor, and any key Foreman Larry Sawyer -- -Last three similar projects that this Supervisor has administered representing your company First Tee Elkins lake Skory Golf Club San Antonia, Tx Huntsville, 2'x. Mission Tx -Anticipated crew size and the number of men in each job scope, i.e., pipe fitters, electrical/controllers, laborers. X - ,Foreman/ wire man I wire assistant d pipe layers 2 labor 2 operators NORTH PALM BEACH CC NICKL.AUS DESIGN P.33 6 THE PIGNATO CROUP Q G S DeWopmew, Inc. March 15, 2006 MAR -14 -2006 16:58 Quality Grassing DIVISION H - GENERAL BID INSTRUCTIONS (TPG) INVITATION TO BAD North Palm Beach Country Club North Palm Beach, Florida Golf General/Irrigation Contractor Your company is invited to submit a Bid proposal on the referenced project and Scope of Work herein enclosed in the krigation System Project Manual. The work to be performed will be the supplying of all materials for the Irrigation System as based on the attached Plans and Specifications. Your firm will be required to follow the Bid Documents and Instructions that are enclosed. All documents MUST be submitted in either a typed or ink written format. PROJECT DESCRIPTION Installation of the Irrigation System at North Palm Beach Country Club as described in Drawing Number 060215- NPBCC, pages 1 through 8 and Project Manual Number 060215-PM I. All bids must arrive, SEALED, at the location listed below no later than To Be Oetermined. All Bid Proposals that are received after the assigned date and time of the Bid Opening will not be accepted. Bid Proposals will only be accepted from those companies on the Invited Bid List, The Opening of the Bid Proposals received from the invited list of Bidders shall be done privately. Please submit your Bid Proposal in a. SEALED envelope to. Chris Cochran Mr. John Momit Mike P ignato Nicklaus Design North Palm Beach CC The Pignato Group, luc. 1178Q U.S.1-Iighway One 951 U.S. Highway One 13402 La Mirada Circle Ste 400 North Palm Beach F'1,33408 Wellington, Florida 33414 North Palm Beach FL 33408 561.626.6515 561.649.5550 561.626.3900 All bidders are to submit all Proposals on the Bid Forms that are attached. Bid Forms may be duplicated as necessary. Submit bids as directed by City of North Palm Beach. The Owner reserves the right to select or reiect any single or all Sid Proposals. The Owner reserves the right to re- advertise the project for bid and to accept the Bid Proposal that is in the best interest of the Project and the Owner. The Owner reserves the right to waive formalities and/or informalities. The Owner reserves the right to negotiate the final price and contract with the Golf Gener Wrrigation Contractor of choice. The Owner reserves the right to make additions /deletions to the scope of work or to all materials. P.34 SIGNED DATE IY b 6 7 NORTH PALM BEACH CC NTCKLAUS DESIGN THE PIGNATO GROUP Q G S Development, lot. March 15, 2006 MAR -14 -2006 16:68 Quality Grassing P.35 BASE PROPOSAL Mr. John Morsut North Palm Beach CC 951 U.S. Highway One North Palm Beach, Fl, 33408 Dear Mr. Morsut, I have reviewed and examined the Project Manual, the Irrigation System Design, the Material Specifications, and all Addendums, and fully understand the scope of work, conditions, and requirements for this project. The following Addendums were received, understood and incorporated into the base bid of this proposal. ADDENDUM NUMBER ISSUE DATE number 1 2/2172008 number 2 1=006 It is understood that the conditions and offers set forth in this proposal shall remain in effect for a period of sixty (60) days, and acceptance of this Proposal by the Owner binds both parties to its contents during the term that it takes to satisfactorily complete the installation of the irrigation system at North Palm Beach Country Club, North Palm Beach, Florida. It is understood that the Unit pricing section of this bid proposal must be completely filled out and accompany the Base Proposal. It is understood that failure to do so, can result in a disqualification of the submitted proposal. U We, representing, or as Agent for Q G S Developmen4 Inc. my 17502 County Road Oil Address Liduie, Florida 33547 city, SWA Zip [lade and hereby known as Golf General/Irrigation Contractor, agrees to furnish all equipment, labor, and material as stated in the Project Manual, detailed on the Irrigation Design, and required in the Project Manual for the installation of the "gation System at North Patin Beach Country Club, North Palm. Beach, Florida. 8 NORTH PALM BEACH CC NICKLAUS DESIGN THE PIGNATO GROUP Q G S Development, loc. March 15 s 2006 MAR -14 -2006 16:58 Quality Grassing For this required scope of work the Contract Price is; TORO IRRIGATION SYSTEM L TORO PRODUCT IL ALLIED MATERIALS TOTAL III. PUMP STATION IV. WET WELL/ INTAKE FLUME V. IRRIGATION LABOR TOTAL VI. YARDAGE MARKER ALLOWANCE (Installed by Owner) TOTAL TORO PROTECT (Including all permits, taxes, fees) � 2xa,5a,� 5d $ 447,156.30 I: 117,555.34 21, 004.95 412o51&10 $3,000.00 $ per. � Date I I 6wner/Agent It is understood that all items for which there is no specific breakdown, are to be considered as necessary and integral parts to other items, of which when combinred, form a complete and understood component. 1,211,735.2$ Title P.36 9 NORTH PALM BEACH CC NICKLAUS DESIGN THE PIGNATO GROUP Q G S Development, Inc. March 15, 2006 MAR -14 -2006 16:58 Quality Grassing RAINBIRD IRRIGATION SYSTEM VII. RAINBIRD PRODUCT VIII. ALLIED MATERIALS TOTAL IX« PUMP STATION X. WET WELL/ INTAKE FLUME XI. IRRIGATION LABOR TOTAL X11. YARDAGE MARKER ALLOWANCE (Installed by Owner) TOTAL RAINDIRD PROJECT (Including all permits, taxes, fees) �7 1+* 6 P.37 $ 220,298 43 S 429,884.04 $ 117,SSi34 S 21,404.95 $ 41ZS1610 ,000.00 $ 1,204,20886 4 ss4. %J r Lc.. Date If Amer /Agent It is understood that all items for which there is no specific breakdown, are to be considered as necessary and integral parts to other items, of which when combined, form a complete and understood component. NORTH PALM BEACH CC NICKLAUS DESIGN Q G S Development, Inc. Title 10 THE PIGNATO GROUP March 15, 2006 MAR -14 -2006 16:58 Quality Grassing CONTRACTOR UNIT PRICING PROPOSAL The following is a Unit Pricing Proposal for the supplying of the materials for the Irrigation System at North Palm Beach Country Club, North Palm Beach, Florida. . It is understood that the number of units quoted include all material and equipment (except where noted). It is understood that all items for which there is no specific breakdown, are to be considered as necessary and integral parts to other items, of which when combined, form a complete and understood component. The following quantities will be used as the quantity guideline for determining the qualification and acmracy of the Base Proposal, MATERIAL QUANTITY LIST DESCRIPTION ESTIMATED QUANTM L PIPE Class 200 2 1 /2" Gmketed Pipe 80,400 Class 200 3" Cm*dad Pipe 6 Class 200 V Ga kdod Pipe 5,000 Class 200 6" Graskewd Pipe 8,600 Class 200 8" Gasketed Pipe 5,040 Class 200 10" Gasketed Pipe 1,540 C 900 12" Gaskketted Pipe 260 IL SPRDUMER HEADS TORO Toro 855S4-6 -58 -9 256 Toro 854S- 4- 6 -58 -8 866 Toro RW Nozzles - Golf Raton Only NA Toro Nozzles - Golf Rot= only NA P.38 1 1/2" Quick Coupler Valve 19 1 112" Galvanized Fla 19 11 NORTH PALM BEACH CC NICKLAUS DESIGN TIIE PIGNATO CROUP Q C S Development, roe. Mar+eb 15, 2006 MAR -14 -2006 16:58 Quality Grassing 1 1/2" X G" Galy. Nipple 1 1/2" Swing Joints RAIN BIRD RaittBird 900 E, 56 RainBird 950 E, 30 Raingird Rear Nozzles - Golf Rotors Only RainBird Nozzles - Golf Rotors Only 1 1/2" Quick Coupler Valve 1 1 /2" Galvanized Ell 1 1/2" X 5" Galv. Nipple 1 1/2" Swing Joints IL nWGAT10N CENTRAL 19 1, 141 NA NA 19 19 19 1',x41 TORO Taro Site Ern Control Syste4 Y SHE A_BOMMUZAL CONPONENTS ARE FOR TORO O!�TLY1 RAWBMD Rainbird Radio STRATUS Version Y (includes Maxi V system,Stratvs softwars,Maxi Interface Module) MMAAgn CEM"L CONPONENTS ARE FOR RAINBIItD ONLY) NORTH PALM BEACH CC NICKLAUS DESIGN P.39 12 TIE PIGNATO GROUP Q G S Development, Inc. March 15, 2W6 MAR -14 -2006 16:58 Quality Grassing P.40 III SATELLI`T`ES TORO Toro Network LTC 16 0 Torn Network LTC 24 I Toro Network LTC 32 4 Toro Network LTC 40 13 Toro Network LTC 48 2 Toro Network LTC 56 4 Toro Network LTC 64 3 11A.11 ;�i; i PAR PLUS PP 16 0 PAR PLUS PP 24 2 PAR PLUS PP 32 0 PAR PLUS PP 40 8 PAR PLUS PP 48 4 PAR PLUS PP 56 3 PAIL PLUS PP 64 3 PAR PLUS PP 72 4 IV. TSLOATION VALVES 13 NORTH PALM BEACH CC NICKLAUS DESIGN TIM PIGNATO GROUP Q G S Development, Inc. March 15, 2006 MAR -14 -2006 16:58 Quality Grassing 2" (1 at ea h lake off lateral) 3" 4" 6» $7r 101, 1" ,Air Release Valves V. NVM #12 AixV'G Common #14 .A,WG Field Hot Paige #P7171 D -- 2 Pair -1$ awg (pump station com cable) Toro Communication Cable RainBird Maxi Cable AS Power Wire (2 -Wire) 120VAC #10 Green Ground Wire #10 Power Wire (2 -Wire) #10 Green Ground Wire 518" X 8' Copper Ground Rods #6 Bare Copper Wire 3M DBY Splice Kits 3M DBR Splice Kits 3M 82 -A1 Splice Kits S 0 25 20 4 1 S 113,000 $22,000 4,650 12,450 12,450 16,000 8,000 7,000 3,500 81 14,500 1,200 1,200 25 P.41 14 NOR'T'H PALM REACH CC NICKLAU"S DESIGN THE PIGNAI'O GROUP Q G S Development, Ine, Marcie 15, 2006 MAR -14 -2006 16:58 Quality Grassing CADWF -LD ground connection Sola Voltage Regulator 2500VA VL VALVE BOXES 6" Valve Box w/ Lid 10" Valve Box w/ Lid 24" Rectangular Valve Box 'tic+/ Lid VII. DUCTII E IRON FITTINGS 81 2 130 25 10 see attached It is understood that all items for which there is no specific breakdown, are to be considered as necessary and integral parts to other items, of wbich when combined, form a complete and understood component. THE I1 MGATION MA.N[T A_(MMIL DISTRIBUTOR, AND CONTRACTOR MUST XAMM THE IRRIGATION DESIGN AND IRO QT SPECIFICATIONS AND BASE THE 810D PROPOSAL ON TA 2R QWN CALCULATIONS P.42 15 NORTH PALM REACH CC NICKLAUS DESIGN TES PIGNATO GROUP Q G S Developmeot, be- March 15, 2006 MAR -14 -2006 16:58 Quality Grassing CONTRACTOR FITTINGS LIST FITTWG 12xl2x6 IZxllb�8 10"42.5 10x10x6 1 ox] 0x4 1 Qx$xG 10x6x1a S" -,225 8"-45 8x8x8 8x8x4 8x8x6 8x6x6 6 "-22.5 6' -45 6 "-s0 6x6x6 6x6x4 6x6x2.5 6x4x6 6x6x2.W.S 6i W.W 5 4 " -45 4 " -90 4x4x4 4x4xz 5 2.W.SW 4x2 5x2 5 4x2.5x4 4x2.5 read 4x4x2.W 5 4x4xl. 5 ggx&t 2.5 "-90 2 W. W. 5 2. 5xL 51 flit 90 2.5x2.5x1.5 2.5x2. 5x1 ggxfpt NORTH PALM BEACH CC QUANTITY 1 1 2 2 x X I I1 7 1 6 2 3 5 IS r 6 12 2 3 5 15 I 1 2 31 11 a 1 10 5 25 118 73 x068 8 PRICE 400100 $ 400.00 $ 325.00 $ 350.00 $ 350.00 $ 375.00 $ 375.00 $ 200.00 $ 200:00 $ .275.00 $ ,300.00 $ 300.00 $ 400.00 $ 120.00 $ 120.00 $ 200.00 $ 200.00 .- _.._.._. 20000 $ 150.00 $ 300.00 $ 200.00 $ 250.00 $ 100.00 $ 100.00 $ 12S.00 $ 720.00 $ X50 -00 $ 200.00 $ 200.00 $ 50.00 $ 150.00 $ 100.00 $ 5000 $ 50.00 $ 56.00 $ 40.00 40.00 NICKLAUS DESIGN TOTAL $ 400.00 $ 400.00 $ $ 650.00 700.00 $ 700.00 $ 375.00 $ 375.00 $ Z200.00 $ 1,400.00 $ 275.00 $ 1,800.00 $ 600.00 $ 1,200.00 $ 600.00 $ 2,16000 $ - 200.00 $ 1,200-00 $ 2,400.00 $ 300.00 $ 900.00 $ $ 3,750.00 $ 100.00 $ 100.00 $ 625.00 $ ,24000 $ 4,650.00 $ 2,200.00 $ 400.00 $ 50.00_ $ x,s00.ao $ 500.00 $ 1,250.00 $ 5,90000 $ 31650 00 $ 42,720 00 $ 3.2000 P.43 16 THE PIG14ATO GROUP Q G S Development, he- March 15, 2006 MAR -14 -2006 16:68 Quality Grassing CONTRACTOR UNIT PRICING PROPOSAI, The following is a Unit Pricing Proposal for the Irrigation System at North Palm Beach Country Club, North Palm Beach, Florida. It is understood that the pricing quoted include all material, labor, and equipment for the complete installation and functional operation of that specific component (except where noted). It is understood that all items for which there is no specific breakdown, are to be considered as necessary and integral parts of other items, of which when combined, form a complete and understood component. The fallowing unit pricing will be used as the guideline for detennaining the cost basis of the Change Order ofFered by the Irrigation Contractor, or the Owner for any additions or deletions to the original irrigation system design and the original Base Proposal, MATERIAL UNIT PRICE LISA' DESCRIPTION UNIT PRICE Toro 8545 -4- 6-58 -8 $ 360.00 /EA I. PI E na /BA Toro Nozzles - ooif Motors only na /EA 1 1 /2" Quick Coupler 'V'alve Class 200 4" Gasketed Pipe $ 4.50 /FT Class 200 6" Gasketed Pipe $ 9.25 /FT Class 200 8" Gasketed Pipe $ 15.00 /FT Class 200 10" Gasketed Pipe $ 2$ 00 /IFT C -900 12" Gasketed Pipe $ 32.00 /FT II. SPRENI LER BEADS TORO Toro 855S4µ6 -58 -8 $ 385.00 /13A Toro 8545 -4- 6-58 -8 $ 360.00 /EA Toro Rear Nozzles - Gok'Rotors only na /BA Toro Nozzles - ooif Motors only na /EA 1 1 /2" Quick Coupler 'V'alve $ 150.00 /EA NORTH PALM BEACH CC NXCKLAUS DESIGN P.44 17 THE PIGNATO GROUP Q 0 S Development, Ine. Mann 15, 2006 MAR -14 -2006 16:58 Quality Grassing P.45 R.AMM RainBird 900 E. 56 RainBird 950 E. 30 RainBird Rear Nozzles - GtAf Rotors Duly RainBird Nozzles - Golf Rotors Only 1 1 /2" Quick Coupler Valve M SATELLITES TORO Network LTC Toro NW LTC 16 Toro NW LTC 24 Toro NW LTC 32 RAMMD Pair Pius NORTH PALM BEACH CC Toro NW LTC 40 Toro NW LTC 48 Toro NW LTC 56 Toro NW LTC 64 PAR PLUS PP 16 PAR PLUS PP 24 PAR PLUS PP 32 PAR PLUS PP 40 $ 350.00 /EA $ 375-00 /FA na /EA na IBA $ 150.00 /F-A $ 3,850.00 /8A $ 3,950.00 TEA $ 4,000.00 /EA /FA 4,750.00 /EA $ ±,550.00 5,000.00 /EA $ 5,250.00 /FA $ S,500.00 /FA $ 3,750, 00 XA $ 3,850.00 IRA $ 3,050.00 /FA $ ±,550.00 /EA NICKLAUS DESIGN I8 THE PIGNATO GROUT' Q G S DeMoPiment, Tor- March 15, 2006 MAR -14 -2006 16:58 Quality Grassing PAR PLUS PP 48 PAR PLUS PP 56 PAR PLUS PP 64 PAR PLUS PP 72 IV. ISOLATION VALVES 2" (I &e Drain Valves) 3„ 4" 6,. 877 10" 1" Air Release Valves V. GROUNDING Zinc/Copper Plates GEM Wells Trenched #6 Bare/ 100' Ground hods $ 4,500.00 /EA MA $ 5,050, 00 SEA $ $ 5,300.00 U $ 6,750.00 /EA $ 250.00 MA $ 400.00 /EA $ 500.00 /EA $ 700.00 ESA $ 975.00 /EA $ 1,500.00 /EA $ 325.00 EA $ 250.00 /EA $ 250 00 /EA $ 65.00 /FA $ 42, 00 It is understood that all items for which there is no specific breakdown, are to be considered as necessary and integral parts to other itmms, of which when combined, form a complete and understood component. THE IRRIGATION MANUFACTURER, DISTRIBUTOR, AND CONTRACTOR MUST E.XAAHN,E THE IMGATION DESIGN AND PROJECT SPECIFICATIONS AND BASE TIW DID PROPOSAL ON THEIR OWN CALCULATIONS P.46 19 NORTH PALM BEACH CC NICKLAUS DESIGN THE PIGNATO GROUP Q G S Deveiopwen4 Inc. March 15, 2006 PROJECT: Villa-e of North Palm Beach Golf Course Restoration PROJECT NO. 03045.20 SECTION 00630 NOTICE OF COMPLIANCE WITH CHAPTER 556, FLORIDA STATUTES The undersigned Contractor does hereby confirm to the Owner and Engineer that the Contractor has reviewed the provisions of Chapter 556, Florida Statutes, and has provided to "Sunshine State One -Call of Florida, Inc." the information required under F.S. 556.105 before the commencement of any excavation or demolition required for the Work. Executed this I77" day of APB► I,— , 2006 QtsS D�V�'t.c�PM�rJT, lNC, , (name of Contractor) (signature (print name) A�v�rl �v ►�tST V b L. PUC,> &c t-j" 1 (title) END OF SECTION NOTICE OF COMPLIANCE 00630 -1