7-EXHIBIT E Special Conditions.pdf

Special Conditions: page 1

EXHIBIT E

RFP 2026-07

Northpoint/USPS Access Improvements

SPECIAL CONDITIONS

If there are any conflicts between these Special Conditions and the General Conditions, the project Special Conditions shall prevail.

SC-1. DESCRIPTION OF THE WORK: The Town has a need for a qualified Contractor to complete planned improvements for the asphalt parking lot located at and adjacent to 213 William Hilton Parkway, Hilton Head Island, SC 29926.

SC-2. GENERAL PROVISIONS: The work on this project is to be performed under the South Carolina Department of Transportation (SCDOT) Standard Specifications for Highway Construction, Current Edition; current SCDOT supplemental Specifications released by SCDOT at the time the bids for this project were opened; the Federal Highway Administration Manual on Uniform Traffic Control Devises for Streets and Highway (MUTCD), Current Edition; the Plans, Project Specifications, and these Special Conditions.

The Offeror shall show satisfactory evidence of experience and qualifications, if requested by the Town.

SC-3 DEFINITIONS: A substantial amount of specification language constitutes definitions for terms found in other Contract Documents, including Plans (also may be referred to as drawings) which must be recognized as diagrammatic in nature and not completely descriptive of requirements indicated thereon. Certain terms used in Contract Documents are defined generally in this section. Definitions in this section are general for the work to the extent not stated more explicitly in another section of Contract Documents.

Whenever the word, "Engineer" appears in these specifications and in the Plans, add the words "or Owner's Representative."

Where not otherwise explained, terms such as: "directed", "requested", "authorized", "selected", "approved", "required", "accepted", and "permitted" shall mean "directed by Engineer/Owner, etc." However, no such implied meaning will be interpreted to extend Engineer's/Owner's responsibility into Contractor's area of construction supervision.

Where used in conjunction with Engineer's/Owner's response to submittals, requests, applications, inquiries, reports, and claims by Contractor, the meaning of term "approved" will be held to limitations of Engineer's/Owner's responsibilities and duties as specified in General and Supplementary Conditions. In no case will "approval" by Engineer/Owner be interpreted as a release of Contractor from responsibilities to fulfill requirements of Contract Documents.

The term "install" is used to describe operations at project site, including unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations, as applicable in each instance.

The term "provide" means furnish and install, complete and ready for intended use, as applicable in each instance.

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The term "installer" is used to describe the entity (person or firm) engaged by Contractor or its subcontractor for performance of a particular unit of work at the project site, including installation, erection, application, and similar required operations. It is a general requirement that such Installers be experienced in operations they are engaged to perform.

SC-4. INDUSTRY STANDARDS

General Applicability of Standards: Applicable standards of construction industry have the same force and effect (and are made a part of Contract Documents by reference) as if copied directly into Contract Documents, or as if published copies were bound herewith.

Reference Standards (referenced directly in Contract Documents or by governing regulations) have precedence over non-referenced standards which are recognized in industry for applicability to work.

Non-referenced Standards recognized in the construction industry are hereby defined, except as otherwise limited in Contract Documents, to have direct applicability to the work, and will be so enforced for performance of the work.

The following abbreviations may be used throughout these specifications.

AASHTO American Association of State Highway and Transportation Officials.

ANSI American National Standards Institute

ASTM American Society for Testing and Materials

FS Federal Specification (General Service Administration)

SCDOT South Carolina Department of Transportation

SC-5. CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE: The Contractor shall not commence work under this agreement until he has obtained all the insurance required under this paragraph and such insurance has been approved by the Town, nor shall the Contract allow any Subcontractor to commence work on his subcontract until the insurance required of the Subcontractor has been so obtained and accepted.

a) Employer's Liability Insurance: The Contractor shall take out and maintain during the life of the contract the South Carolina statutory Workmen's Compensation and Employer's Liability Insurance for all of his employees to be engaged in work on the project under the contract and, in case any such work is sublet, the Contractor should require the Subcontractor similarly to provide Workmen's Compensation and Employer's Liability Insurance for all the latter's employees to be engaged in such work.

b) General Liability, Bodily Injury and Property Damage Liability Insurance: The Contractor shall take out and maintain during the life of the contract a General Liability Insurance policy for an amount not less than Two Million dollars ($2,000,000.00.) The policy shall include the Bodily Injury Liability and Property Damage Liability Insurance to protect him and any Subcontractor performing work covered by the contract from claims for damages for personal injury, including accidental death, as well as from claims for

Special Conditions: page 3 property damage, which may arise from operations under the contract, whether such operations be by himself or by a Subcontractor or by anyone directly or indirectly employed by either of them and the amount of such insurance should be not less than:

Bodily Injury Liability Insurance, in an amount not less than $2,000,000.00 for injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than $500,000.00 on account of one accident.

Property Damage Insurance in an amount not less than $350,000.00 for damages on account of any one accident, and in an amount not less than $2,000,000.00 for damages on account of all accidents.

c) Proof of Carriage of Insurance: Prior to commencing work hereunder, Contractor, at his expense, shall furnish a current insurance certificate showing the certificate holder as Town of Hilton Head Island, One Town Center Court, Hilton Head Island, SC 29928, Attention: Procurement Department and with a special notation naming The Town of Hilton Head Island and the United States Postal Service (USPS) as an additional insured on the liability coverage. The Contractor shall furnish the Town with certificates showing the type, amount, class of operations, effective dates and date of expiration of policies.

Such certificates shall contain a clause to the effect that the policy shall not be canceled or reduced, restricted, or limited until thirty (30) days after the Town has received written notice, as evidenced by return receipt of registered or certified letter. Certificates of Insurance shall contain transcript from the proper office of the insurer, the location, and the operations to which the insurance applies, the expiration date, and the above mentioned notice of cancellation clause.

Contractor shall either:

(a) require each of his subcontractors to procure and maintain during the life of his subcontract, Subcontractor Comprehensive General Liability, Automobile Liability and Property Damage Liability Insurance of the type and in the same amounts as specified in this contract; or

(b) insure the activities of his subcontractors in his own policy.

Certificates of Insurance must be filed at time of proposal opening through the Owner on form provided in specifications or on AIA Document G705, November, 1978 Edition by an insurer authorized to do business in the State of South Carolina by the South Carolina Insurance Commission. All blanks and questions on Certification must be filled out completely. Incomplete or inadequate Certificate will be returned to Contractor as unsatisfactory and commencement of his work will be delayed until satisfactory Certificate is submitted. Such delay will not warrant extension of contract time.

The above section supersedes Article 5.04 in the General Conditions.

SC-6 COMMENCEMENT AND COMPLETION OF WORK: The Contractor shall commence work on the date identified on the Notice To Proceed and shall complete the work within one hundred twenty (120) consecutive calendar days from the Notice to Proceed. Any and all extensions of time shall be in accordance with the General Conditions of the Contract except as otherwise hereinafter provided. The Contractor agrees that time is of the essence in this Agreement; therefore, the Contractor shall not cease work for a period of

Special Conditions: page 4 more than three (3) consecutive workdays due to causes not otherwise allowed for in this Agreement.

If the Contractor fails to prosecute the work with such diligence as will insure the completion of each portion of the work within the time shown on the above schedule, plus any extensions made in accordance with Article 12 of the General Conditions; and, if the Owner does not exercise his reservations as set forth in Article 13, the Contractor shall continue the work in which event the actual damages for the delay will be impossible to determine. In lieu thereof, liquidated damages in the amount of _______ ($) dollars per each day of delay of the work until the work is completed.

The Contractor shall not be liable for any excess costs, if the failure to perform the contract arises out of causes beyond the control and without the fault of negligence of the Contractor.

Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule. Unless weather delays are specifically allowed in this Agreement, they are not cause for excusable delays.

SC-7. DRAWINGS: The work shall conform to the Plans in Exhibit C prepared by Thomas & Hutton and dated February 16, 2026, all of which form a part of, and are included in, these specifications.

SC-8. OBSERVATIONS AND TESTS: Before acceptance of the whole or any part of the work, it shall be subjected to observation and tests to determine that it is in accordance with the plans and specifications. The Contractor will be required to maintain all work in a first class condition for a 30-day operating period after the same has been completed as a whole and the Owner has notified the Contractor in writing that the work has been finished to his satisfaction. The Contractor shall pay for all testing. He shall engage a mutually acceptable laboratory or qualified individual to conduct the tests in accordance with these specifications. No portion of the work will be accepted until tests prove it has been satisfactorily completed. The Contractor shall give the Project Engineer or Owner’s Representative a minimum of 48 hours’ notice for all required observations or tests.

SC-9. BONDS: If the original contract amount exceeds $100,000.00, then a Performance Bond in the amount of 100% of the contract amount and Payment Bond in the amount of 100% of the contract amount shall be furnished to the Town. This paragraph shall supersede Article 5, Paragraph 5.01.A of the General Conditions.

SC-10. SAFETY AND HEALTH REGULATIONS: The Contractor shall comply with the Department of Labor Safety and Health Regulations for Construction promulgated under

Special Conditions: page 5 the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work and Safety Standards Act (PL 91-54). The regulations are administered by the Department of Labor and the Contractor shall allow access to project to personnel from that Department.

SC-11. HOLD HARMLESS CLAUSE: The Contractor agrees to hold harmless, indemnify and defend the Town and his agents, architects, engineers and employees from and against any and all claims, losses, damages, demands, causes of action and any and all related costs and expenses, of every kind and character, growing out of, incidental to, or resulting directly or indirectly from the Contractor's performance of the work described herein, whether such loss, damage, injury, or liability is contributed to by the negligence of the Town, its agents, architects, engineers, or employees, except that the Contractor shall have no liability for damages or the costs incidental thereto caused by the sole negligence of the Town, its agents, architects, engineers, or employees.

The Contractor will require any and all subcontractors to conform with the provisions of this clause prior to commencing any work and agrees to ensure that this clause is in conformity with the insurance provisions of the contract.

SC-12. CONTRACTOR'S STATUS: It is agreed that the Contractor shall occupy the status of an Independent Contractor and the Contractor's employees are not employees of the Town.

The Contractor will be required to assume sole responsibility for the complete effort, as required by this Agreement. The Town will consider the Contractor to be the sole point of contact with regard to contractual matters.

SC-13. SUBCONTRACTING: If any part of the work covered by this Agreement is to be subcontracted, the Contractor shall identify the subcontracting organization and the contractual arrangements made with same. All subcontractors must be approved, in writing by the Town. The Contractor will also furnish the corporate or company name and the names of the officers of any subcontractors.

SC-14. SUB-CONTRACTOR REFERENCES: The Contractor shall provide the Owner with three

(3) references of companies or agencies that have contracted with the sub-Contractor within the past five (5) years for similar type construction work. The Owner shall approve each sub-Contractor prior to his engagement by the Contractor.

SC-15. CONTRACTOR'S AFFIDAVIT: Upon completion of the work and prior to final payment and settlement of all sums due hereunder, Contractor will furnish to Town, a Contractor's Affidavit in the usual form submitted by Contractor under the laws of the State of South Carolina to the effect that all bills for labor, materials and services in connection with said contract have been paid in full, acknowledging receipt of the contract price and averring that there are no outstanding claims under said contract which could become a lien on the real estate arising out of said contract.

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STATUTORY AFFIDAVIT

COUNTY OF

STATE OF

FROM

(Contractor)

TO Town of Hilton Head Island

RE: Contract entered into the day of , 2026, between the above-mentioned parties for _________________ located at ___________________

KNOWN ALL MEN BY THESE PRESENTS:

1. The Undersigned hereby certifies that all work required under the above Contract has been performed in all accordance with the terms thereof, that all material men, subcontractors, mechanics and laborers have been paid and satisfied in full, and that there are not outstanding claims of any character, (including disputed claims or any claim to which the Contractor has or will assert any defense) arising out of the performance of the Contract which have not been paid and satisfied in full except as listed herein below: (Instruction - Enter the "none" or list the names of claimants and the amount claimed by each.)

2. The Undersigned further certified that to the best of his knowledge and belief there are not unsatisfied claims for damages resulting from injury or death to any employees, subcontractors, or the public at large arising out of the performance of the Contract, or any suits or claims for any other damage of any kind, nature, or description which might constitute a lien upon the property of the Owner.

3. The Undersigned makes this affidavit as provided by law and for the purpose of receiving final payment in full settlement of all claims against the Owner arising under or by virtue of the Contract, and acceptance of such payment is acknowledged as a release of the Owner from any and all claims arising under or by virtue of the Contract.

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This day of , 2026.

Signature

Title

Firm

SC-16. RESIDENT PROJECT ENGINEER: The Town reserves the right to furnish a Resident

Project Engineer as deemed necessary to ensure the Project quality control and conform to Plans and Specifications, who will act as the Owner's Representative on the Project and will have the authority of the Engineer as set forth in the Contract Documents.

SC-17. BARRICADES, DANGER AND WARNING SIGNS: All traffic control devices shall be in accordance with the "Manual on Uniform Traffic Control Devices" latest edition. The Contractor shall install and maintain barricades, suitable and sufficient lights, danger signals, signs, and other traffic control devices and shall take all necessary precautions for the protection of the work and safety of the public. Lanes closed to traffic shall be protected by effective barricades, lighted during hours of darkness. Suitable warning signs shall be provided to control, direct traffic and warn pedestrians. Upon completion, all barricades, signs and the like shall be removed.

SC-18. TOOLS, PLANT AND EQUIPMENT: If at any time before the commencement or during the progress of the work, tools, plant or equipment appear to the Engineer to be insufficient, inefficient or inappropriate to secure the quality of the work required or the proper rate of progress, the Engineer may order the Contractor to increase their efficiency, to improve their character, to augment their number, or to substitute new tools, plant, or equipment, as the case may be, and the Contractor must conform to such order; but a failure of the Engineer to demand such increase of efficiency, number, or improvement shall not relieve the Contractor of his obligation to secure the quality of work and the rate of progress necessary to complete the work within the time required by his contract to the satisfaction of the Town.

SC-19. ACCIDENTS: The Contractor shall provide, at the site, such equipment and medical facilities as are necessary to supply first-aid service to anyone who may be injured in

Special Conditions: page 8 connection with the work. The Contractor must report in writing to the Engineer and Owner’s Representative all accidents whatsoever arising out of, or in connection with, the performance of the work, whether on or adjacent to the site, which causes death, personal injury or property damages, giving full details and statement of witnesses. In addition, if death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Contractor and any subcontractor on account of any accident, the Contractor shall promptly report the facts to the Engineer and Owner’s Representative, giving full details in writing of the claim. The Contractor shall advise his superintendent and foreman, who are on the site of the work, the name of hospital and phone number and the name and phone number of the doctor he proposes to use in case of an accident.

SC-20. SANITARY PROVISIONS: The Contractor shall provide temporary sanitary facilities for the use of the workmen during the progress of the work. The sanitary facilities shall conform to the requirements of the South Carolina Department of Health & Environmental Control. All facilities shall be removed at the completion of the contract.

SC-21. MODIFICATION AND DELETION OF WORK: The itemized quantities shall be considered by the Contractor as the quantities required to complete the work for the purpose of bidding. Should actual quantities required in the construction of the work be greater or less than the quantities shown on the items, an amount equal to the difference in quantities at the unit prices for the item will be added to or deducted from the contract price.

When itemized quantities are not given in the Proposal, the work shown on the plans or specifications shall be considered by the Contractor to be included in his contract for the lump sum prices bid.

The Town reserves the right to delete quantities and portions of the work shown on the plans due to access issues and land rights.

SC-22. RESPONSIBILITY REGARDING EXISTING UTILITIES AND STRUCTURES: The Contractor shall contact "Palmetto Utility Protection Service at 1-888-721-7877, at least 72 hours prior to beginning excavation. The existence and location of underground utilities will be investigated and verified in the field by the Contractor before starting work. The location of all known interferences based on the best information available has been shown on the drawings, but this information may not be complete. Excavation in the vicinity of existing structures and utilities shall be carefully done by hand. The Contractor shall be held responsible for any damage to and for maintenance and protection of existing utilities and structures. The Contractor is responsible for coordinating with the utility companies for locations, any relocation, adjustment or replacement of utility facilities.

SC-23. INTERRUPTION OF UTILITY SERVICE: The Contractor's operations shall be so conducted as to interfere as little as possible with utility services. Any proposed interruption by the Contractor must be accepted in advance by the Engineer and Owner’s Representative.

SC-24. OMISSION: The drawings and specifications shall both be considered as a part of the contract. Any work and material shown in the one and omitted in the other, or described in the one and not shown in the other, or which may fairly be implied by both or either, shall be furnished and performed as though shown in both, in order to give a complete and first class job.

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SC-25. MEASUREMENT AND PAYMENT: Measurement and payment shall be made for the units and at the contract prices shown in Exhibit B. Direct payment shall only be made for those items or work specifically listed in the Proposal and the cost of any other work must be included in the contract price for the applicable items to which it relates.

Terms & Conditions - The Town will pay the Contractor within thirty (30) working days upon receipt and authorization to pay from the Town's contract representative of Contractor's invoice for work completed and accepted by the Town. The Town does not pay any late charges.

Progress Payments - Progress payments will be made on monthly estimates, based on the amount of work done or completed. The monthly payments will be approximate, and all payments will be subject to correction in the subsequent estimates and the final payment.

The Town has the right to withhold payment for an invoice or any portion of an invoice where payment is in question. Contractor is still required to complete the remaining portions of the Agreement.

The amount of payments shall be the total value of the work done to the date of the estimate on the basis of the lump sum price.

Partial payments will also be made for the delivered cost of materials intended to be incorporated in the Work, provided the materials meet the requirements of the Contract Documents when delivered to Project Site and stored in acceptable manner. Payments will be made only if a copy of the invoice from the materials supplier listing the cost of the materials accompanies the payment request.

A retainage of 10% shall apply to all payment requests.

The Contractor will be funded at 90% of actual cost until Substantial Completion has been fulfilled whereby the retainage of 10% of the cost, less change orders, may be released, at the Town’s sole discretion.

It is the intent of the Owner to occupy the site on the date specified for completion. If, however, the Work has not been completed on the date specified, the Owner reserves the right to occupy and use those portions completed or not completed until the Work is completed.

Payment Application Times - The date for each progress payment is the 25th day of each month. The period of construction work covered by each payment request is the period ending 10 days prior to date for each progress payment and starting day following end of preceding period.

Submit to the Owner an itemized application for payment at least 10 days before the date of each progress payment.

Payment Application Forms – EJCDC Document C620 Contractor’s Application for Payment.

Application Transmittal - Submit executed copy of each payment application. Transmit each copy with a transmittal form listing attachments, and recording appropriate information related to application in a manner acceptable to the Owner.

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Comply with procedures for submittals specified in SC-37 - SUBMITTALS.

Application Preparation - Except as otherwise indicated, complete every entry provided for on the form, including notarization and execution by authorized persons. Incomplete applications will be returned without action. Listing must include amounts of executed change orders issued prior to last day of the "period of construction" covered by application.

Meeting To Coordinate Pay Requests - Contractor should plan to meet with Owner's Representative the same time every month to coordinate quantities and amounts for that month's pay request.

Final Payment Application - The administrative actions and submittals which must precede or coincide with submittal of final payment application are summarized but not limited to the following:

Completion of final punch list items.

Assurance, satisfactory to Owner, that unsettled claims will be settled and that work not actually completed and accepted will be completed without undue delay.

Submit Contractor's Statutory Affidavit of Payment of Debts and Claims furnished in this Section.

Submit waivers of lien from every entity (including Contractor) who could lawfully and possibly file a lien in excess of $100 arising out of Contract and related to work covered by payment. Submit Contractor's Statutory Affidavit provided in this section.

Transmittal of required project construction records to Owner.

Proof, satisfactory to Owner, that taxes, fees and similar obligations of Contractor have been paid.

Removal of temporary facilities, services, surplus materials, rubbish and similar elements.

SC-26. "OR EQUIVALENT," CLAUSE: Although the plans and specifications make reference to particular manufacturers and model numbers for various products, such reference is made only to establish function and quality of such products. If it is desired to use materials or equipment of trade names or of manufacturer's names which are different from those mentioned in the contract documents, information pertaining to such items must reach the hands of the Engineer and Owner’s Representative at least 10 days prior to the date set for the opening of Proposals. The burden of proving equality of a proposed substitute to an item designated by trade name or by manufacturer's name in the contract document rests on the party submitting the request for acceptance. The written application for review of a proposed substitute must be accompanied by technical data which the party requesting review desires to submit in support of his application. The Engineer and Owner’s Representative will give consideration to reports from reputable independent testing laboratories, verified experience records showing the reputation of the proposed product with previous users or any other written information that is reasonable in the circumstances.

The application to the Engineer and Owner’s Representative for review of a proposed substitute must be accompanied by a schedule setting forth in what respects the material or equipment submitted for consideration differs from the materials or equipment designated in the

Special Conditions: page 11 contract documents. The degree of proof required for acceptance of a proposed substitute as equivalent to a named product is the amount of proof necessary to convince the Engineer and Owner’s Representative beyond all doubt. To be acceptable, a proposed substitute must, in addition, meet or exceed all express requirements of the contract documents.

If submittal is accepted by the Engineer and Owner’s Representative, an addendum will be issued to all prospective Offerors at least five (5) days prior to the date set for the opening of bids.

The Engineer shall be the final judge on questions of similarity and equality.

SC-27. RECORD DATA AND DRAWINGS: The Contractor shall at all times during construction of the project, keep accurate, legible records of the locations, types, sizes, and elevations of storm drainage pipes, drainage structures, curb lines, lighting conduit, water and sanitary sewer lines, service laterals, manholes, cleanouts, fittings, valves, and other related work performed under this project. The Contractor shall prepare a set of "record" drawings from the data stated above. The horizontal locations of all portions of items installed on this project shall be accurately tied down to features that are physical and visible, such as property corner markers and/or permanent type structures. The actual elevations of the finished grade elevations of installed roadway, concrete curbing, pathways shall be clearly indicated on the “record” drawings at the intervals specified on the construction drawings.

These "record" drawings shall be kept clean and dry and maintained in a current state with the progress of the work. If at any time, a copy of this plan or portion of it is requested by the Owner, such copy shall be made available within 24 hours after the request is made.

Before final acceptance of the completed installation and before final payment by the Owner, the Contractor shall deliver to the Owner, a completed set of record drawings accurately depicting the data described above. This deliverable shall be a hard copy set of plans including clear and legible record data. The Town shall provide the original construction plans in AutoCAD format. All storm drainage structure and invert elevations shall be shown, along with finish grades on roadway edges of pavement, top of curb and centerline of pathway at 50-foot cross section intervals as per the design plans. Where applicable, design elevations shall be struck through and the actual as-built elevation shall be shown above or below the design elevation and underlined.

SC-28. PROPERTY CORNERS: The Contractor shall be responsible for restoring any and all property corners or monuments disturbed during construction. They shall be restored in accordance with the Town’s Land Management Ordinance, by a Professional Land Surveyor registered in the State of South Carolina before final payment will be made.

SC-29. SITE CLEAN-UP: The Contractor is responsible for daily removal of any waste, spillage or otherwise unused material associated with the work and shall dispose of this material off site at his own expense.

It is the intent of the Town that the work be accomplished with minimum disturbance to the properties adjacent to the work area (specifically, the adjacent lawns, landscaping, trees, and buildings), and that the immediate and general vicinity of the work area remain in its pre-project state subsequent to completion of the work. All materials utilized by the Contractor during construction shall be removed from the site; including survey stakes, debris, flagging and other temporary survey controls.

Should the Contractor during the progress of the work, lose, dump, or misplace any material

Special Conditions: page 12 or equipment which in the opinion of the Town or Engineer may be considered unaesthetic, environmentally deleterious, dangerous to the public, or impact adjacent properties, the Contractor shall recover and remove same within 24 hours of receipt of said notice at no additional cost to the Town.

The Contractor shall inspect the work areas at the end of every workday to ensure that all debris left by the Contractor’s and subcontractor’s workers has been removed from the work areas and properly disposed of. This includes, for example, lunch bags, soda cans, drink cups, etc.

Upon completion of all construction activity, the Contractor shall restore all staging, storage, transport, and work areas, fences, and other facilities to an equivalent pre-project condition or better to the approval of the Town.

SC-30. PLANS AND SPECIFICATIONS: Any corrections of errors or omissions in plans and specifications may be made by the Owner when such correction is necessary for the proper fulfillment of their intention as construed by him. Where said correction of errors or omissions, except as provided in the next two paragraphs below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be made under the item for Extra Work except where the additional work may be classed under some item or work for which a unit price is included in the Proposal.

The fact that specific mention of a fixture, or of any part of the work, is omitted in the specifications, whether intentionally or otherwise, when the same is clearly shown or indicated on the plans, or is usually and customarily required to complete fully such work as is specified herein, will not entitle the Contractor to consideration in the matter of any claim for extra compensation, but the said fixture or work, must be installed as if called for by on the drawings and specifications.

All work indicated on the plans and not mentioned in the specifications, or vice versa, and all work and material usual and necessary to make the work complete in all parts, whether or not they are indicted on the plans or mentioned in the specifications, shall be furnished and executed the same as if they were called for by both the drawings and specifications.

When a requirement is made by the documents that is not possible to meet, such as the requirement for unavailable materials, prompt notice shall be submitted to the Owner for direction and no further action in the matter shall be taken by the Contractor until an approved modification of the requirements is made.

The Contractor and all subcontractors shall cooperate with one another and with other Contractors doing related work and shall coordinate their work with the work of other trades and other Contractors so as to facilitate the general progress of the work. Each trade shall afford all other trades and all other Contractors every reasonable opportunity for the installation of their work and for the storage of their materials.

The Contractor shall provide a construction schedule which shall be in sufficient detail to accurately show the work to be accomplished.

SC-30. CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS: If such separate Contractor sues the Owner on account of any damage alleged to have been caused by the Contractor, the Owner shall notify the Contractor who shall defend such proceedings at the

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Contractor's expense.

SC-32. TIME: Construction activity may occur from Monday through Saturday from 7:00 AM to sunset and unless otherwise authorized by the Owner. Lighting of the work site is prohibited except as may be specifically authorized in writing by the Owner (or as determined by Project need)

No Sunday or Holiday work will be permitted, except of great emergency and then only upon written notification to and approval from the Owner. (or as determined by Project need).

The Owner reserves the right to instruct the Contractor to delay the start of construction activity in certain locations.

SC-33. UNCOVERING AND CORRECTION OF WORK: The subcontractors or sub-subcontractors and the Contractor shall remedy any defect due to faulty materials or workmanship and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of acceptance as defined in the General Conditions, and in accordance with the terms of any special guarantees provided in the contract.

SC-34. MISCELLANEOUS PROVISIONS: Equal Opportunity - In the hiring of employees for the performance of work under this contract or any subcontract hereunder, no Contractor, subcontractor, not any person acting on behalf of such Contractor or subcontractor, shall by reason or race, creed, or color discriminate against any citizen who is qualified and available to perform the work to which the employment relates.

No Contractor, nor any person on his behalf, shall, in any manner, discriminate against or intimidate any employees hired for the performance of work under this contract on account of race, creed, or color.

SC-35. SUSPENSION OF WORK AND TERMINATION: The Town may without cause terminate this contract in whole or in part at any time for its convenience. In such instance, an adjustment shall be made to the Contractor, for the reasonable costs of the work performed and accepted by the Town through the date of termination. Termination costs do not include lost profits, consequential damages, delay damages, unabsorbed or under absorbed overhead of the Contractor or its subcontractors, and/or failure to include termination for convenience clause into its subcontractors and material purchase orders shall not expose the Town to liability for lost profits in conjunction with a termination for convenience settlement or equitable adjustment. Contractor expressly waives any claims for lost profit or consequential damages, delay damages, or indirect costs which may arise from the Town's election to terminate this contract in whole or in part for its convenience.

The above paragraph supersedes Article 15 in the General Conditions.

SC-36. CONTRACTOR SUPERVISION: The Contractor shall provide a qualified supervisor on the project site at all times during construction.

SC-37. SUBMITTALS: Submittal Requirements - Coordinate preparation and processing of submittals in a manner as to not delay performance of the work.

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Unless otherwise specified, make submittals in groups containing associated items to ensure that information is available for checking each item when it is received.

Provide permanent marking on each submittal to identify project, date, Contractor, subcontractor, submittal type and similar information to distinguish it from other submittals. Show Contractor's executed review and approval marking and provide space for Owner's "Action" marking.

Identification - Consecutively number submittals. Accompany each submittal with a letter of transmittal containing pertinent information required for identification and checking of submittals.

When material is resubmitted for any reason, transmit under a new letter of transmittal and with new submittal number, and reference original or previous submittal number.

Timing - Make submittals far enough in advance of scheduled dates for installation to provide time required for reviews, for securing necessary approvals, for possible revisions and resubmittals, and for placing orders and securing delivery.

In scheduling, allow at least 10 calendar days for review by the Owner following receipt of the submittal.

Delays caused by tardiness in receipt of submittals will not be an acceptable basis for extension of the contract completion date.

Distribution - Provide additional distribution of approved submittals to subcontractors, suppliers, fabricators, installers, governing authorities and others as necessary for proper performance of the work. Include such additional copies in initial transmittal where required to receive "Action" marking before final distribution.

Review - Review by the Owner shall not be construed as a complete check, but only that the general method of construction and detailing is satisfactory.

Owners action - Approved: Work may proceed.

Approved as noted: Work may proceed, provided it complies with notations and corrections on submittal.

Disapproved, Resubmit: Do not proceed with work. Revise submittal in accordance with notations thereon and resubmit without delay to obtain a different action marking.

Submittals Formats – Provide newly-prepared information, on reproducible sheets, with graphic information at accurate scale (except as otherwise indicated), with name of preparer indicated (firm name). Show dimensions and note which are based on field measurement.

Identify materials and products in the work shown. Indicate compliance with standards, and special coordination requirements. Do not allow shop drawing copies to be used in the work without approval by the Owner.

Special Conditions: page 15

Scale and measurement - Make shop drawings accurately to a scale sufficiently large to show pertinent aspects of the item and its relationship to the work.

Submittal - 2 blue prints or xerox copies of prints; one will be returned.

Product Data - Product data shall include standard printed information on materials, products, and systems.

Collect required data into one submittal for each unit of work or system.

Mark each copy to show which choices and options are applicable to project. Include manufacturer's standard printed recommendations for application and use, compliance with standards and application of labels and seals, if any.

Maintain one set of product data (for each submittal) at project site, available for reference by Owner and others.

At Contractor's option, provide a preliminary single-copy of product data for landscape architect's review and approval.

Do not proceed with installation of materials, products, or systems until final copy of applicable product data is in possession of installer.

Samples - Samples include both fabricated and unfabricated physical examples of materials, products and units of work; both as complete units and as smaller portions of units of work; either for limited visual inspection or (where indicated) for more detailed testing and analysis.

Provide units identical with final condition of proposed materials or products for the work.

Include "range" samples (not less than 3 units) where unavoidable variations must be expected, and describe or identify variations between units of each set. Provide full set of optional samples where Owner's selection is required.

Include information with each sample to show generic description, source or product name and manufacturer, limitations, and compliance with standards.

Samples are submitted for review and confirmation of color, pattern, texture, and "kind" by Owner. Owner will not "test" samples (except as otherwise indicated) for compliance with other requirements, which are therefore the exclusive responsibility of Contractor.

Comply with requirements for "samples" to greatest extent possible and process transmittal forms to provide a record of activity.

Furnish two copies of inspection and test reports where required.

SC-38. PROJECT COORDINATION: Administration and Supervision - Coordinate various elements of the work and entities engaged to perform work; and coordinate the work with existing facilities/conditions, and with work by separate Contractors and by Owner.

Special Conditions: page 16

Survey/Recording - Working from established lines and levels at or near project site, establish and maintain dependable markers for lines and levels of the work construction.

Calculate dimensions and measure for layout of work; do not scale the drawings. Maintain surveyor's log of layout work. Record deviations (if any) from drawing information on existing conditions, and review with Engineer at time of discovery. Provide copy of survey log and as-built drawings to Owner at contract completion.

Preparation for Installation - Contractor shall perform complete construction staking.

Contact all utilities and have all buried cable flagged prior to construction. Notify Owner of any underground obstructions that significantly effect work.

Prior to starting installation of the work, the Contractor shall hold a pre-installation conference, attended by Owner's representative, representatives of Contractors where coordination is required, to approve all aspects of work. Also, review significant aspects of requirements for the work. Record discussion and distribute a plan of action.

Require Installer of each major unit of work to inspect substrate and conditions for installation, and to report (in writing) unsatisfactory conditions. Correct unsatisfactory conditions before proceeding. Inspect each product immediately before installation. Do not install damaged or defective products, materials or equipment.

Installation - Comply with manufacturer's instructions and recommendations to extent printed information if more detailed or stringent than requirements contained directly in contract documents.

Timing - Install work during time and under conditions which will ensure best possible result, coordinated with required inspection and testing.

Anchor work securely in place, properly located by measured line and level, organized for best possible uniformity, visual effect, operational efficiency, durability, and similar benefit to Owner's use.

Mount individual units of work at proper grades, if not otherwise indicated: Refer uncertainties to Owner before proceeding.

Clearing and protection - General - Clean each element of work at time of installation.

Provide sufficient maintenance and protection during construction to ensure freedom from damage and deterioration at time of substantial completion.

SC-39. QUALITY CONTROL:

Quality Assurance: Required inspection and testing services are intended to assist in determination of compliance of the work with requirements, but do not relieve Contractor of responsibility for those compliances, or for general fulfillment of requirements of Contract Documents. Specified inspections and tests are not intended to limit Contractor's quality control program.

Qualification of Testing Agencies: The testing laboratory will be qualified to the Owner's approval in accordance with requirements specified in applicable sections.

Contractor's Quality Control: Contractor shall maintain qualified, experienced superintendent on site, who in the Contractor's absence shall be his representative.

Directions given to superintendent shall be as given to Contractor. Written verification will

Special Conditions: page 17 follow as necessary. Superintendent shall conduct ongoing inspections to insure contract requirements are being met.

Require installer of each major unit of work to inspect substrate to receive work, and conditions under which work will be performed and to report (in writing to Contractor) unsatisfactory conditions. Do no proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to installer.

Discrepancies between dimensions on Drawings, the Specifications, and the existing conditions shall be referred to the Owner for adjustment before affected work is started.

Before ordering material or doing work which is dependent for proper size of installation upon coordination with site conditions, the Contractor shall verify dimensions by taking measurements at the site, and shall be responsible for the correctness of the measurements.

No consideration will be given to any claim based on differences between the actual dimensions and those indicated on the Drawings.

Where installation includes manufactured products, comply with manufacturer's applicable instructions and recommendations for installation.

The Contractor shall perform the following tasks prior to installation:

Check to ensure that materials and products have been approved.

Check to ensure testing provisions have been made for required control testing.

Physically examine materials to ensure compliance with Drawings and Specifications.

Inspect each item of materials or equipment immediately prior to installation, and reject damaged and defective items.

Contractor shall verify that items fabricated off-site meet with specifications.

Project Conditions: Install work during conditions of temperature, humidity, exposure, forecasted weather, and status of project completion which will ensure best possible results for each unit of work, in coordination with entire work. Isolate each unit of work from non-compatible work, as required to prevent damage or deterioration.

Coordinate enclosure (covering) of work with required inspections and tests, so as to minimize necessity of uncovering work for that purpose.

Installation: Provide attachment and connection devices and methods for securing work properly as it is installed; true to line and level, and within recognized industry tolerances if not otherwise indicated. Allow for expansions and movements. Provide uniform joint widths in exposed work, organized for best possible visual effect. Refer questionable visual-effect choices to Owner for final decision prior to continuing work.

Where mounting heights are not indicated, mount individual units of work at industry-recognized standard mounting heights for applications indicated. Refer questionable mounting height choices to Owner for final decision.

Field Quality Control:…