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HomeMy WebLinkAboutReso 2005-814 RESOLUTION NO. 2005- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING BID NO. 05-04-01181sT DRIVE ACTIVE PARK, ATTACHED HERETO AS EXHIBIT "A", TO SIL TEK GROUP INC.; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO AN AGREEMENT WITH SIL TEK IN SUBSTANTIALLY THE SAME FORM AND AMOUNT ($7,154,303.05) AS THE AGREEMENT ATTACHED HERETO AS EXHIBIT "B", PROVIDED THAT AGREEMENT IS APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY THE CITY ATTORNEY; FURTHER PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach wishes to develop the 181 s1 Drive Active Park, located at 18115 North Bay Road, as a public recreation facility consisting of a baseball field with lighting, perimeter on-street parking, a new recreation center, a new gymnasium, landscape, infrastructure, and miscellaneous site amenities; and WHEREAS, the City publicly advertised Bid No. 05-04-01, incorporated by reference and made a part hereof, for the construction of the 181 s1 Drive Active Park, and twelve (12) bid packages were picked up by potential bidders; and WHEREAS, on May 17,2005, eight (8) potential bidders attended the mandatory pre-bid conference and tour; and WHEREAS, Siltek Group Inc.'s ("Siltek") bid, attached hereto as Exhibit "A", was the lowest and most responsive, responsible bidder with a sealed bid of Seven Million One-Hundred Fifty-Four Thousand, Three Hundred Three Dollars and Five Cents ($7,154,303.05), attached hereto as Exhibit "A"; and WHEREAS, the City wishes to enter into an agreement with Siltek, which the City Manager will further negotiate, in substantially the same form and amount ($7,154,303.05) as the agreement attached hereto as Exhibit "B"; and WHEREAS, the final negotiated agreement will be reviewed as to form and legal sufficiency by the City Attorney. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated herein by reference as if fully set forth herein. Section 2. Award of Bid. The City Commission hereby awards Bid No. 05-04-0 I 181 s1 Drive Active Park to Siltek Group Inc. R2005- Bid Award 05-04-01, Siltek Group I Section 3. Authorization of City Manager and City Attorney. The City Manager is hereby authorized to negotiate and enter into an agreement with Siltek Group Inc. for the construction of the 181st Drive Active Park, in substantially the same form and amount ($7,154,303.05) as the agreement attached hereto as Exhibit "B", provided that agreement is approved as to form and legal sufficiency by the City Attorney. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Agreement. Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 14th day of July, 2005. "'A T:FES'T: .- ".:i. :~iw~er~ . :'. .,.... J .. :.:' ~.- Moved by: c.D~\SS.\M\,)M... Goo~mftN Seconded by: UhvM\S'".s\~ (SR.'E..2. Jf\) Vote: 5-D Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias l/(Yes) ~Yes) v {Yes) ~(~) _t....-{Y es) _(No) _(No) _(No) _(No) _(No) R2005- Bid Award 05-04-01, Siltek Group 2 181ST DRIVE ACTIVE PARK APRIL 10, 2005 SECTION 00020 NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN that the CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH is seeking sealed bids for the following work as specified. 181 sl Drive Active Park ML Project No. 114122 City of Sunny Isles Beach Bid No. 05-04-01 Sealed bids for the construction of the 181 SI Drive Active Park, at 18115 North Bay Road, Sunny Isles Beach, Florida, 33160, consisting of a two (2) acre site to be developed as a public recreation facility will be received by the Owner, City of Sunny Isles Beach. Work generally will consist of a baseball field with lighting, perimeter on-street parking, a new recreation center, a new gymnasium, landscape, infrastructure, and miscellaneous site amenities. Bids shall be on a unit price basis; segregated bids will not be accepted. Sealed bids will be received by the Office of the City Clerk until 2:00 P.M., on Tuesday, May 31, 2005 at the City of Sunny Isles Beach Governmental Center located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. Bids received after this time will be returned unopened. Bids submitted will be opened publicly and read aloud at this time. Bidders are to register in person at the Office of the City Clerk to receive authorization to obtain the complete set of Bidding Documents. General Bid forms can be obtained from the Office of the City Clerk, City of Sunny Isles Beach, Governmental Center located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. Bid security in the amount of five percent (5%) of the Total Bid must accompany the Bid in accordance with the Instructions to Bidders. A mandatory Pre-Bid Meeting for all potential Bidders is set for 8:00 A.M. on Tuesday May 17, 2005 at the City of Sunny Isles Beach, Governmental Center located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. NOTICE TO BIDDERS Exhibit "A" 00020-1 ( 18151 DRIVE ACTIVE PARK APRIL 10, 2005 The City reserves the right to reject any or all Bids, with or without cause, to waive technical errors and informalities, and to accept the Bid, which best serves the interest of the City. For further information, contact the office of the City Clerk: Jane Hines City Clerk City of Sunny Isles Beach (305) 947-0606 Publish Date(s): April 29, 2005 END OF DOCUMENT NOTICE TO BIDDERS 00020-2 1818T DRIVE ACTIVE PARK APRIL 10, 2005 SECTION 00100 INSTRUCTIONS TO BIDDERS 1. DEFINITION OF TERMS 1.1 Bidding Documents - these include the Advertisement for Bid, Instructions to Bidders, Bid Form, sample bidding and contract forms, proposed Contract Documents as defined in the General Conditions and any Addenda issued prior to receipt of bids. 1.2 Total Base Bid - the amount stated on the Bid Form for which the Bidder offers to perform all the Work as described in the Bidding Documents. 1.3 Unit Price - the amount stated in the Bid Form as a price per unit of measurement for materials or labor as described in the Bidding Documents. 1.4 Lump Sum Price - the amount stated in the Bid Form as a price per lump sum of measurement for materials or labor as described in the Bidding Documents. 1.5 Addenda - written and graphic documents issued by the Engineer prior to the execution of the Contract to modify or interpret the Bidding Documents. 2. BIDDING DOCUMENTS 2.1 Instructions on how to obtain complete sets of Bidding Documents may be obtained from the Office of the City Clerk as stated in the Advertisement for Bid. 2.2 Complete sets of Bidding Documents shall be used by Bidders in preparation of Bids; neither the Owner nor the Engineer/Architect assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets. 2.3 Bidding documents consist of this project manual along with the following construction plans titled: a. 181 sf Drive Active Park, 18115 North Bay Road MLA Project No.: 114122 City of Sunny Isles Beach Bid No. 05-04-01 3. EXAMINATION OF DOCUMENTS AND SITE 3.1 Bidders shall visit the site of the proposed work and become familiar with the nature and extent of work to be performed and local conditions that may affect the work. 3.2 The Bidding Documents were prepared to present an essentially accurate representation of existing conditions, interpreted from available information on INSTRUCTIONS TO BIDDERS 00100-1 APRIL 10, 2005 181ST DRIVE ACTIVE PARK the site. The Bidder is not relieved, however, of the responsibility of becoming fully informed as to existing conditions at the site. 3.3 Bidders shall examine existing site improvements, and conditions, utilities, and streets to determine all conditions, which will affect the Work. 4. INTERPRETATION OF BIDDING DOCUMENTS 4.1 All questions requiring clarification or interpretation of the Bidding Documents shall be made in writing and shall reach the office of the Owner at least 5 days prior to the date for receipt of bids. Direct all requests to the attention of the Project Manager at Miller, Legg & Associates, Inc., (954) 436-7000. 4.2 Any modification or interpretation of the Bidding Documents will be made by Addendum to all who are recorded by the Engineer as having received a complete set of Bidding Documents. 4.3 Interpretations or modifications of Bidding Documents made in any manner other than by Addendum will not be binding. 4.4 A Bidder, prior to submitting his Bid, shall ascertain that he has received all Addenda issued, and shall acknowledge their receipt in the Bid Form. 5. SUBSTITUTIONS 5.1 Bidders represent that their Bid is based upon the materials and equipment described in the Bidding Documents. 5.2 Requests for substitutions will be considered prior to receipt of bids if they reach the Engineer at least 10 days prior to the date for receipt of bids. 5.3 Acceptance by the Engineer/Architect of a proposed substitution will be issued in the form of an Addendum or Substitution Request Form. 6. QUALIFICATION OF BIDDERS 6.1 If requested, the Bidder shall submit to the Owner, prior to award of contract, a properly completed Contractors Qualification Statement, along with any other evidence of his satisfactory experience and ability to perform the proposed Work. 6.2 If requested by the Owner, the Bidder shall submit a certified financial statement, prepared within the past 30 days, indicating current financial resources, liabilities, capital equipment, and past history performance. 6.3 Bidders may be disqualified and their bids rejected for any of the following specific reasons: a. Reason to believe that collusion exists among Bidders. INSTRUCTIONS TO BIDDERS 00100-2 1818T DRIVE ACTIVE PARK APRIL 10, 2005 b. Determination of lack of competency as may be revealed by qualification statements, financial statements, experience records, or other question- naires. c. The Bidder's uncompleted work load which in the judgement of the Owner may cause detrimental impact on prompt completion of this project. d. The Bidder is involved in any litigation against the Owner. e. The Bidder has defaulted on any previous contract or is in arrears on any existing contract. f. The submittal of more than one proposal from an individual, firm, partnership, corporation or association under the same or different names. 6.4 It shall be a requirement of this bid that there are no related party transactions between the bidder and any employee, agent or contractor of the City of Sunny Isles Beach. Any bidder who is a related party, as noted herein, will be considered non-responsive and the proposal and bid bond will be immediately returned. A bidder will be considered a related party if the bidder has an ownership interest or is in any way related to an employee, agent, consultant or contractor of the City, is a sub-consultant of an employee, agent, consultant or contractor, and can influence the management or operating policy of the other to an extent that one of the transacting parties might be prevented from fully pursuing its own separate interests. 7. PERFORMANCE OF WORK BY CONTRACTOR: 7.1 The Contractor shall perform on the site and with his own forces, work equivalent to at least forty percent (40%) of the total amount of work to be performed under this contract. After the contract is awarded, and during the progress of the work, the Owner reserves the right to reduce the percentage of work performed by the contractor's own forces. 8. BID PREPARATION 8.1 Prepare bids on the forms provided by the Engineer with all blanks on the Bid Form filled in by typewriter or written in ink. 8.2 State total base bid amount in both words and figures. In case of a discrepancy between the two, the amount written in words shall govern. 8.3 Bids shall include the legal name and address of the Bidder and indicate whether the Bidder is a sole proprietor, a partnership, a corporation, or other legal entity. a. Individual - provide name and post office address. b. Partnership - provide name and post office address of each member of the partnership. c. Corporation - provide name and post office address of person signing the form and legal evidence of his authority to do so; names and addresses of the corporation president, secretary and treasurer; name of state where chartered; and affixed with the seal of the corporation, attested by the secretary. INSTRUCTIONS TO BIDDERS 00100.3 1818T DRIVE ACTIVE PARK APRIL 10, 2005 8.4 Bids shall include documentation required by the Florida "Trench Safety Act." The Trench Safety Act form is included within the Bid Form Section for completion by the Contractor and review by the Owner. The unit prices presented in the Bid shall include the Bidders cost of compliance with the applicable trench safety standards. 8.5 All Unit Prices requested on the Bid Forms Exhibits A and Exhibit B shall be bid. 9. BID SUBMITTAL 9.1 Submit one (1) original and five (5) copies, enclosed in a sealed opaque envelope, addressed to the entity receiving the bids as stated in the Advertisement for Bids. The envelope shall be further identified with the Project name, the Bidder's name and address, and the words "BID ENCLOSED" with the following Forms and/or Documents: a. 00300 . Bid Form b. 00310 - Bid Form - exhibit A c. 00320 - Bid Form - exhibit B d. 00401 - Bid Bond e. 00402. Form PUR 7068 (Rev. 06111/92) f. 00403 - Trench Safety Act Document g. 00420 - Information Required from Bidders 9.2 Deposit Bids at the designated location on or before the time and date for receipt of Bids indicated in the Advertisement for Bids. Bids received after the time and date indicated for receipt of Bids will be returned unopened. 10. BID SECURITY 10.1 Each Bid shall be accompanied by a cashiers check drawn on any State or National Bank in Florida, or an acceptable Bidders Bond, payable unconditionally to the Owner, in an amount of five percent (5%) of the amount of the total Bid. 10.2 Failure of the successful Bidder to enter into the Contract in accordance with his Bid, or failure to furnish the required bonds will be just cause for an annulment of the award with the amount of the bid security being forfeited to the Owner as liquidated damages, not as a penalty. 10.3 Should a Bid Bond be used, acceptable Surety companies shall be determined from the latest United States Treasury Department's list of companies holding certificates of authority as acceptable Sureties on Federal Bonds. Requirements for Acceptable Surety Companies are outlined in Item 15.4. 10.4 The Owner may retain the bid security of those Bidders to whom an award may be considered until successful execution of the Contract and bonds; or the specified time for holding bids has elapsed; or all Bids have been rejected. 11. MODIFICATION AND WITHDRAWAL OF BID INSTRUCTIONS TO BIDDERS oo1~ 1818T DRIVE ACTIVE PARK APRIL 10, 2005 11.1 Prior to the time of bid opening, a Bidder may withdraw his Bid at any time, but may not resubmit it. Bids may not be modified after submittal. 11.2 After the bid opening, no Bid may be withdrawn, canceled or modified for a period of 90 days after the time and date designated for the receipt of bids. 12. OPENING OF BIDS 12.1 Bids submitted will be opened publicly and read aloud at the time and place stated in the Advertisement for Bids. 13. GOVERNING LAWS AND REGULATIONS 13.1 Bidders shall be familiar with all federal, state, and local laws, ordinances, rules, and regulations that may in any way affect the Work. 13.2 Trench Safety Act: The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards will be in effect during the period of construction of the Project. In compliance with current State of Florida statutes, the Bidder shall provide documentation required by the Florida Trench Safety statute to the Owner, in conjunction with the Bid Form. 14. LIQUIDATED DAMAGES 14.1 The Owner may incur financial loss if the Work is not substantially complete by the date set forth in the Agreement. The Contractor (and his Surety) shall be liable for liquidated damages in accordance with the Supplementary Conditions and the Agreement. 15. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND 15.1 With the execution and delivery of the Contract, the Bidder shall furnish the following Surety bonds of the forms contained herein: a. Performance Bond guaranteeing full and faithful execution of the Work in an amount equal to 100 percent of the Contract Sum, and including guaranteed repair and maintenance of all defects due to faulty materials and workmanship that appear within one year after completion of contract. b. Labor and Material Payment Bond guaranteeing full and proper protection of all claimants supplying labor and materials in the Work in an amount equal to 100 percent of the Contract Sum. 15.2 Bonds shall be executed by Surety authorized to do business in the State of Florida and listed on the latest U.S. Treasury Department list of companies holding certificates of authority as acceptable sureties on Federal Bonds. INSTRUCTIONS TO BIDDERS 00100-5 APRIL 10, 2005 181 aT DRIVE ACTIVE PARK 15.3 Bonds executed by an Attorney-in-Fact on behalf of the Surety, shall have affixed thereto a certified and current copy of Power of Attorney, indicating the monetary limit of such power. .15.4 Qualifications: As to companies being rated acceptable: A Bid Bond and Performance and Payment Bond must be executed by a Surety Company of recognized standing, authorized to do business in the State of Florida and having been in business with a record of successful continuous operation for at least (5) years. In addition to the above - minimum qualifications, the Surety Company must meet the following additional qualifications. a. The City will accept a surety bond from a company with a rating of B++ or better for bonds up to $1 million, provided, however, that if any Surety Company appears on the watch list that is published quarterly by Intercom of the Office of the Florida Insurance Commissioner, the City shall review and either accept or reject the Surety Company based on the financial information available to the City. A Surety Company that is rejected by the City may be substituted by the bidder or proposer with a surety company acceptable to the City, only if the bid amount does not increase. b. The Surety Company shall have at least the following minimum ratings: Amount of Bond 100,000 to 1,000,000 1,000,001 to 2,000,000 2,000,001 to 5,000,000 PolicYholder's Ratina B++ A- A Financial Size Cateaorv Class V or higher Class VI or higher Class VII or higher c. All Surety Companies are subject to review and approval by the Owner and may be rejected without cause. All bonds signed by an Agency must be accompanied by a certificate of authority to act. 15.5 The Surety Company shall submit verification from the Department of Insurance Office of the Treasurer stating the surety company's license and certificate of authorization to do business in the State of Florida. 16. SUBCONTRACTOR LIST 16.1 In conjunction with the Bid Form, Bidder shall submit a list of names of the subcontractors and major material suppliers proposed for the principal portions of the Wort<. Submit list on form provided by the Engineer. 16.2 Prior to award of Contract, the Owner will notify the Bidder in writing if they have an objection to any person or entity listed. Upon such reasonable objection, the Bidder shall propose an acceptable substitute person or entity in accordance with Article 6.06 of the General Conditions. INSTRUCTIONS TO BIDDERS ool00-e 1818T DRIVE ACTIVE PARK APRIL 10, 2005 17. BID PROTEST 17.1 In the event of a timely protest, the City Manager or his/her designee shall stay the award of the contract unless, after consulting with the City Attorney and the affected director, he/she determines that the award of the contract without delay is necessary to protect substantial interests of the city. 17.2 The city shall require a deposit from a protester to compensate the City for the expenses of administering the protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the deposit shall be forfeited to the city. The deposit shall be in the form of a cashier's check and shall be in the amount of 1 % of the amount of the pending award, with a minimum deposit of $500 and a maximum deposit of $10,000. 18. CONTRACT AWARD AND EXECUTION 18.1 Until final award of Contract, the Owner reserves the right to reject any and all Bids, with or without cause; to waive any informality or irregularity; or to accept the Bid which is in the best interest of the Owner. 18.2 It is the intent of the Owner to award a Contract to the lowest responsible Total Base Bidder whose Bid is in conformance with the Bidding Documents and does not exceed the funds available. 18.3 Upon acceptance of a Bid and award of the Contract, the successful Bidder shall deliver the executed Contract, along with required bonds and any other items re- quested, to the Owner within 10 days. Failure to do so will be deemed as a breach of agreement by the Bidder and result in forfeiture of bid security as described in the Instructions to Bidders. 18.4 The Owner reserves the right to hold all proposals and bid guarantees for a period not to exceed 90 days after the date of bid opening stated in the Advertisement for Bids. 18.5 The award of the contract, if it is awarded, will be to the lowest responsible total base bidder whose qualifications indicate the award will be to the best interest of the Owner and whose proposal shall comply with the requirements of the Contract Documents. Time is of the essence for this project and the time limits set in the proposal, if set by the bidder, will be accorded weight by the Owner in the determination of the best proposal. In no case will the award be made until all necessary investigations have been made into the responsibility of the low bidder and the Owner is satisfied that the bidder is qualified to do the Work and have the necessary organization, capital and equipment to carry out the provisions of the contract to the satisfaction of the Owner within the time specified. 18.6 If the Contractor feels that a problem exists either prior to, or during the bid opening, he shall contact the City (within 24 hours of the bid opening) and follow the City's' current policy for bid protests. INSTRUCTIONS TO BIDDERS 00100-7 APRIL 10, 2005 1818T DRIVE ACTIVE PARK 18.7 The Owner reserves the right to award as a total contract any combination of the Unit Price Bid Schedule Items that would be in the best interest of the Owner. 19. CASH ALLOWANCES 19.1 The Bidder is advised that a space is provided in the Bid Form, Document 00300, for this purpose only. The Contractor shall not proceed on any additional work to be covered by allowances until authorized in writing by the Engineer. Such work shall be approved by the Owner, shall be within the scope of work defined by this Contract and shall not exceed the amount indicated in the Bid Form. Any amount remaining in the Cash Allowance will be retained by the Owner. END OF DOCUMENT INSTRUCTIONS TO BIDDERS oo100-a 181st DRIVE ACTIVE PARK BID FORM RECEI\frl) 10, 2005 JUN 0 9 2005 t7f;)"o"''''V'''o CITY OF SUNNY ISLES BEACH OFFICE OF THE CITY CLERK SECTION 00300 Bid of: For all Site/Civil Work other than Unit Price Work, a Lump Sum of: ,,~ ~1I<<AI-rY"'QA/4 ~p 7JhQ.e. ~~ ~ ($ /~ 3/h - ) ~J/I!,A./ ~.}S "J./" ~73 igures For all Unit Price Site/Civil W~ a Total Su, ~x~t A19f: . tt'h:1:fj~_~::-m~ .Po/:~~~~~+:JlS6 ~ ~~-~or~7S figures For all Lump .Sum Architectural W~al Sum (Exhibit B) of: rtY~-H/u..I()# rwe)J.,y- 7Ht:Jt.lSAJl./D '0 0#1..-M:J~4J1!.1!O 4.~)(rY-~ A?~t.Ar!$" ($5:()2Z/t3,) JkJ ~r5 (use words) , figures Ten percent~~ Contingency Items /10% of tot;J1 abQYf1jt~fD.$l 5/)t -Ht;JN,/). NJI'J r:t1=TY ~AN'.D 7MCaE.- }/iIJ./'UJJ J.l1~~-()AIE. P()~ hit:> ($~So.39/'/9\ jJIN~ ~~rds) figures TOTAL BASE BID ~r11P sU~h~nit~s, find continQ!!ncy items) ~1;J-lt1'/lal #N16-~HA "FTRY-/GIPGJit!- Z71t?P5~ '"7'?N#,L-/lvNIJ~i'i # ~6S:: JJn//~ ($ ~ I~~ ~o.3,.()5 ;; I9VE- GMT3 (use words) figur Contractor f2 ~ 7J. ~ '/-I ~ . Address Contact Person: z~ to furnish all materials, equipment and labor and to Rerform all work in accordance with the Contract Documents for construction of: 181sT DRIVE ACTIVE PARK, 18115 NORTH BAY ROAD; located in CITY OF SUNNY ISLES BEACH, FLORIDA 33160. To: CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, Florida 33160 The undersigned Bidder has carefully examined the Bidding Documents and the site of the proposed work and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done. BID FORM 00300-1 181M DRIVE ACTIVE PARK APRIL 10,2005 The undersigned Bidder agrees to do all the work and furnish all materials called for by the Bidding Documents, in the manner prescribed therein and to the standards of quality and performance established by the Engineer for the unit price amounts stated in the spaces herein provided, for each of the items or combination of items stipulated. Unit price line items shall include cost of implementing all applicable safety requirements. Bidder acknowledges that estimated quantities scheduled are approximated for the sole purpose of obtaining comparative bids for determination of the lowest responsible bidder and actual quantities required may increase or decrease. Bidder further agrees that payments will be made on the basis of actual quantities placed and accepted in the construction. BID SECURITY Accompanying this Bid is a certified or cashier's check or a bid bond in the amount of i 5% (not less than 5% of the bid) made payable to the Owner which may be forfeited as liquidated damages if, in the event this proposal is accepted, the undersigned fails to execute the Agreement and furnish and pay for the required performance and payment bonds for the Owner within 10 days after acceptance of the Bid; otherwise said certified or cashier's check or bid bond will be returned to the undersigned. The undersigned Bidder agrees to commence work within 10 days after the date of written Notice to Proceed, and further agrees to substantially complete the work within the time indicated as follows: 1. Architectural building elements, Le. Recreation Center and Gymnasium work within 365 consecutive calendar days after the date of written Notice to Proceed, subject to such extensions of time allowed by the Conditions of the Contract. 2. Project site elements, Le. remaining site work within 432 consecutive calendar days after the date of written Notice to Proceed, subject to such extensions of time allowed by the Conditions of the Contract. The undersigned Bidder also agrees to complete final work within 463 calendar days after the date of written Notice to Proceed. The undersigned Bidder agrees that this Bid shall be good and may not be withdrawn for a period of 90 days after the scheduled closing time for receiving bids. The undersigned agrees to forfeit to the Owner, as liquidated damages for each calendar day elapsing between each date established above as the date of substantial completion and the actual date of such substantial completion of the contract work, the amount of $1500.00 per calendar day. BID FORM 00300-2 1S111t DRIVE ACTIVE PARK APRIL 10, 2005 The undersigned further agrees to forfeit to the Owner, as liquidated damages for each calendar day elapsing between the date established above as the date of final completion and the actual date of final completion of the contract work, the amount of $1,000.00 per calendar day. ADDENDA Bidder acknowledges the receipt of Addendum No.'s 1. ~2.~3.~4. ~o.WS- Dated this L day of .J()J.I E- 200.>. (month) (year) Contractor: -<:/~773r. G~()p ),.Jc.. 44()3 ZbG}JIJOO UP4I.E UJe,s~ J;:=t,. ~33~/ {rS-11:U7-~~~ Address: * SEAL * Attachments: 00310 - Bid Form - Exhibit A 00320 - Bid Form - Exhibit B 00401 - Bid Bond 00402 - Form PUR 7068 (Rev. 06/11/92) 00403 - Trench Safety Act Document 00420 - Information Required from Bidders END OF DOCUMENT BID FORM 00300-3 1818t DRIVE ACTIVE PARK APRIL 10, 2005 THIS PAGE LEFT INTENTIONALLY BLANK. BID FORM 00300-4 1815T DRIVE ACTIVE PARK . '.. ..... 181St[)~'Y.EAC!IVEPAR~..... . EXHIBITltA'" -UNIT PRICE SITE/CIVil BID SCHEDULE . prd'eCi,Bic:l #05-04701 ~ Item I PICKET FENCE I GATES 6' HT. PICKET FENCE 6' HT. CURVE WALL PICKET FENCE PICKET FENCE COLUMN 9.5' WIDE DSL. CURVE PICKET GATE 55' WIDE DOUBLE PICKET GATE Quantity Unit Unit Price .......SITE 350 L.F. $ 70,..!::fn/ 70 L.F. $ AS-,Ot) 2 EA. $ b5l;; 00 3 EA. $ "2fPJO, t:'c.? 2 EA. $ /Z~ ~ . SITE FURNISHINGS TRASH RECEPTACLES (SITE) 6 FT. BENCH WIBACK 6 FT. BENCH WIO SACK 4 FT. PICNIC TABLE BICYCLE RACK WALL MOUNTED FLAG POLE (LVW20) SURFACE MOUNT FLAG POLE (EC-30) HAYLARD COVER (HC-6) CLEAT BOX (CBC-412) WATER FOUNTAIN (M43-2) 48" DIAMETER BRONZE SEAL INSET SITE LIGHTING PEDESTRIAN LIGHTING W/RECEPTACLES LANDSCAPE UP LIGHTING LANDSCAPE SPOT LIGHTING SOD ST. AUGUSTINE 'FLORATAM' 11450 17 32 9 8 13 3 5 1 2 1 3 3 2 1 SUB.TOTAL EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. $ / / 7.!i: ,,';' $ /0/1, t*.:J $ 772, ",..' $ //7/, Co $ ~~~ $ /(3 Jh/; $~.c,;' $ r , ~ .,fjo $ ~ .-..? $ ~': $ 5t:X:'p. ~ " ADD. JUNE 6, 2005 Cost f I $ ~-th7S; ,pO $ ? 950, :.:.. $ <.,~t:'t:?, "1;> $ ~! P3&', ...... $ :2 ,--4t:J?, ....... , dL' $~'3.5.,5"'; $ 9. ~(;J(;J, ,,-~ $ /-/ j.' .JJL'" . ..J~. /;;. _Z7" $ :;3;3/6. A.. $ S;,8i::J~ - $ Sfip, t'Q $ J~"7".;16 $ <u6/~" ~ : 1:t~ $ ~,Z.30"... $ .- .........0 ~ 3~~ $ ~S-9.s;76 :l~ : JI~ t'V $ ~CJ&O, , ..,~ $ ~ Z06, p~ $ ~, 206, CON"? ~ tJo-nF:-; N.L- /'rR~5 /,u' E><./#/3/TG r\ 4/3 JrI2E- 1}J4ul>&P /,/-1 ~ ~~e-,t3{L) ~r //-1 ~ aJ50C'-j BID FORM - EXHIBIT A SUB-TOTAL EA. EA. EA. $ $ $ SUB-TOTAL S.F. $O,2€3 SUB-TOTAL 00310-1 1815T DRIVE ACTIVE PARK ADD. JUNE 6, 2005 181STDRIVEACTIVE PARK EXHIBIT "A" - UNITPRICESITE/CIVIL BID SCHEDULE ... ,ProieCt Bid # 05.04-01 Item Quantity Unit TREE REMOV ALlRELOCA TION REMOVAL 48" STRANGLER FIG 36" STRANGLER FIG 24" STRANGLER FIG ARECA PALMS REMOVAL 4" STRANGLER FIG 12" SABAL PALM RELOCATION (OFF-SITE) 26" SABAL PALM 8" DATE PALM 8" ROYAL PALM 2 1 3 9 1 1 1 1 4 Unit Price EA. EA. EA. EA. EA. EA. $ /S,tl:A ~ $ ~, .""C' $ j?1??, "'.. $ -;J26. N' $ ~:~O $ /~. ....~ Cost $ $ $ $ $ $ ~ 0(')0, "'.:.> ~ 12J ~~ ~ ;~) ZJf~~ &,... ~p.,. - " (,.ktJltJ. .'~~ EA. EA. EA. $ "", ~.. $ ~'T'" $ 16~: ..'0 e>~? $ ~.,~. : ~~:~ $ 23, /3-1.. PG> .. LANDSCAPE Unit price shal/ include but is not limited to the fol/owing: plant material, instal/ation, staking and guying, mulch, fertilizers, and planting soil. TREES & PALMS 8' GW. COCONUT PALM 12' GW. COCONUT PALM 12' HT. GREEN BUTTONWOOD 6' HT. L1GUSTRUM 15' GW. DATE PALM' MEDJOOL' 12' HT. ALEXANDER PALM (SINGLE) MATCHED 12' HT. ALEXANDER PALM (DOUBLE) 12',16',22' ALEXANDER PALM (TRIPLE) 5'-6' PYGMY DATE PALM 8' HT. SCREW PINE 16' HT. SOUTHERN LIVE OAK 8' Gw. ROYAL PALM 6' HT. DESERT CASSIA 14'-16' CABBAGE PALM 6' OAH. FLORIDA THATCH PALM BID FORM - EXHIBIT A 15 3 14 13 14 3 5 12 3 1 15 4 3 9 4 SUB-TOTAL EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. $ J4n pO $ $ "'2 3+3, "t' $ $ 25&;.';~ $ $ Jg~,~ $ $ 6!/~~ e'C~ $ $ 6 Z2.. ~'&> $ $ 7P+. ~" $ $ ~..5.:1... 4:> $ $ :a2:t PC> $ $ 694-; Of? $ $ 370..-J() $ $ / :z/~. "'0 $ $ ~, RC;1 $ $ ~/I A? $ $ 5/6, ~t? $ :22JJEF, "'0 7.. oz. ,/, u~ ~.J;;7t?, ~~ ~i4' ~ ~ ~: S"h?, :: /~ ~hl ~'t-~ !.t?~Z.. ...~" 6 '+.; .~.-:1 i~~ ~~ ~2: PC7 ~4?08.. eV :z ~~ pO Z~ ", ..~ 00310-2 1818T DRIVE ACTIVE PARK APRIL 10, 2005 ~ hem Quantity Unit Unit Price SHRUBS & GROUNDCOVEAS (SIZES PER PLAN) CaNT. UnIt price .haJJ Include but I. not JJmJtBd to the following: plant trIlIterla/, In.ta"atlon, .taklng and guying, mulch, fertJJIze,.", and planting .oJl. BOUGAINVILLEA TREE CRINUM DWARF POWDERPUFF 'NANA' REDTIP COCOPLUM GREEN ISLAND FICUS YELLOW IXORA WAX JASMINE EVERGREEN GIANT L1RIOPE PENTAS PHILODENDRON XANADU PHILODENDRON TRINETTE SCHEFFLERA DWARFFAKAHATCHEEGRASS WALKING IRIS CARDBOARD PLANT 15 69 210 166 ns 64 84 932 200 38 60 19 586 211 22 EA. 'EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. $ &,~ : 1~;;: $ /1, .A:' $ JO" ~c $ lb. ,*0 $ '/6. c/O $ """,,C'I'-'? $ p, "." ~"o.:> $ 2 ' $ ..i1 $ t'~p $ 6,.tV $ J6~. eo.;' . Coat $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ,,~. 1" ~JJ&:J, . :z.7fP" . .- -1; ..,~ &'':'' k' t/" ~6~Z.Z" .'c~ rg'.' ~ :? j "1~ ~~~ ;~'/I>':" It $/6, ~p {M~; ,.p 7;z.Z", ~> ~J.'8IJ, ..~ .(,~, c> 0 ~ S-~, ..~ SUB-TOTAL $ /9~, 370" l:!~' IRRIGATION BACKFLOW PREVENTER EA. $ ;Z ~t:'tP _ .'C) $ 1>11 1 ~,~ ff), 2" REMOTE CONTROL VALVE 8 EA. $ r~, NI $ ~,,~ CONTROLLER 1 EA. $ ~~ $ SPRAY HEAD 340 EA. $ ~'pc $ J :;7: BUBBLER HEAD 3 EA. $ ~ ."" $ J~,,~o " ROTOR HEAD 21 EA. $ ~IC $ ~~I~"-" QUICK COUPLER 1 EA. $ 250, l':.~ $ 2.ZX:>" - 3" GATE VALVE 3 EA. $ /()~" oJ'" $ ~ ~~~ 1.0 3" MAINLINE 1050 L.F. $ za. .'0 $ ::z,./~0dD, -",.' SUB-TOTAL $ .53; :PfO, ".~ SUBTOTAL SITE ITEMS $ 35/,.61:-0,76 BID FORM - EXHIBIT A 0031 ()..3 1818T DRIVE ACTIVE PARK APRIL 10, 2005 " , 'I ' " . I. , '. . ! ! I \ , ' I FURNISHINGS SCOREBOARD BASEBALL 1 EA. $!B3J1JZ!Ie> $ ~. 357. ~7 25' SCOREBOARD POLES 2 EA. $ ~... ~p $ kz>, I7c 3 ROW BLEACHER WITH H.C. 1 EA. $ ~~~ "' $ "(,7 3 ROW BLEACHER 1 EA. $ _:2:_ ~'lt> $ SCORE TABLE 1 EA. $ ~ A? $ BLEACHER SHADE STRUCTURE 2 EA. $ , ca.' $ TRASH RECEPTACLE 2 EA. $ 1'7~ .'1'..' $ WATER FOUNTAIN 1 EA. $ _'61.-1 :' $ BASEBALL BASE 3 EA. $ ::7Z I'IC: $ HOME PLATE 1 EA. $ ho/") $ ~o PITCHERS RUBBER 1 EA. $ -:3-.5: t>CJ $ BASEBALL FENCES & GATES 30' HT. BACKSTOP FENCE 8' HT. CHAINLlNK FENCE AT DUGOUT 5' HT. CHAINLlNK FENCE AT DUGOUT 15' HT. CHAINLlNK FENCE CHAINLlNK DOUBLE GATE (15'X15') CHAINLlNK GATE AT DUGOUT (3'X8') 20' - 4" 0.0. FOUL POLE (YELLOW) HOMERUN LOWER MID RAIL POWDER COATED (YELLOW) 90 100 60 610 1 4 2 315 DUGOUT DUGOUT ROOF STRUCTURE 6' DUGOUT PLAYERS BENCH 2 8 BID FORM - EXHIBIT A SUB-TOTAL $ 2EiIJ/3CJ" 0"0 , L.F. $ ~r''l..7 $ 5.1; 13/0' p L.F. $ $ L.F. $ $ L.F. $ 5/, (.91:) $ ~l. I/O, ..~ EA. $ '2-775, "t> $ 2'~ '775:, ~.p EA. $ $ EA. $ 7SP,~ $ 1.1 S0: I.~ L.F. $ ~4:} $ I~ ItS; .."' t.? IO~ 37tJ, ..'t? SUB- TOTAL $ EA. $ 1~3.3Z:~' $ 28, ~ ~" EA. $ . ~~-76,.V $ :ill "ptJ... !pp SUB-TOTAL ~a " b72, ,;It? CON!: 00310-4 181ST DRIVE ACTIVE PARK APRIL 10, 2005 I Item Quantity Unit Unit Price Coat FIELD SURFACES 6" TOPSOIL FOR BERMUDA 514 C.Y. $ ~~75" $ BERMUDA'TIFWAY' 27720 S.F. $ O,.'?Z $ 12. SAND SUBGRADE FOR TURF/CLAY 1600 . TN. $ ~.5l:) $ INFIELD CLAY 6" DEPTH 100 TN. $ ~,:t.() $ ~4Pf),. INFIELD CLAY ADD MIXTURE 24 TN. $ /I?S,. IfA-} $ I~~'~: WARNING TRACK CLAY 3" DEPTH 400 TN. $ ~:;-: $ WARNING TRACK ULTIMATE II MIX. 48 TN. $ $ t~~k; FINE GRADE SAND/CLAY 41180 S.F. $ tfJl / / $ SUB-TOTAL $ /2S; '-34~7v FIELD L1GHnNG ~ LIGHTING (POLES / CABINET / FIXTURE) 1 LS $ $ ~~ LIGHTING (LABOR / CONDUIT) 1 LS $ $ LIGHTING CONTROL LINK 1 EA $ $ LIGHTING 10 WARRANTY 1 EA $ $ SUB-TOTAL $ /1f;a90,";) SUBTOTAL BASEBALL FIELD ITEMS $ ~567. 7l? , ,~ . ' , . I' 1- 'i ,II;'~ l, I I, .. ~ ,", >, 'I ; > ~ t ':', . . , ~ - , , , . ~,. J,; _~ _ _I: ". '" _ _ . , PLAYGROUND AREA PLAYBOOSTERSYSTEM SEAT WALL CONSTRUCTION W/PRECAST ACCENT POLES WIBANNERS WATER VALVE HAND HOLE BOXES 12" PRECAST CUSTOM COLUMN ACCENTS SAF DEK SAFETY SURFACE 4" SLAB ON GRADE (SAFETY SURFACE) 24" CONCRETE BANDING 3' DIA. ARTISTIC BOlLARDS 1 EA. $ ~ 7Z/i Q:> $ 'fl; 7;Z./" ~~ 135 LF. $ ::z'23" ..~) $ ~ /1/5; Pt;) 6 EA. $ $ 2 EA. $ $ 12 EA. $ $ 2000 S.F. $ I +, C?~:1 $ ::ze~ p~p, ~o 2000 S.F. $ ~, 5Z? $ 5~, IV 135 L.F. $ $ 6 EA. $ 7-10; &,0 $ 4:.~I-'V SUB-TOTAL $ /67;266, P(J SUBTOTAL PLAYGROUND AREA ITEMS $ /67. ;zU.. ~~ , BID FORM - EXHIBIT A 00310-5 181ST DRIVE ACTIVE PARK APRIL 10, 2005 WATER SYSTEM DUCTILE IRON PIPE. 4" WATER MAIN 300 LF $ 4GAO $ DUCTILE IRON PIPE. 6" WATER MAIN 20 LF $ ~4:,) $ DUCTILE IRON PIPE - 8" WATER MAIN 130 LF $ ~tf) $ FIRE HYDRANT ASSEMBLY 1 EA $ ~<: $ DIP 4" x 4" TEE 0.034 Ton $ 6t9tPiP" ~ $ DIP 8" x 6" TEE 0.0875 Ton $ ri~.'l:) $ DIP 8" x 4" TEE 0.0785 Ton $ at!:J, '"L' $ DIP 8" x 6" REDUCER 0.047 Ton $ Z~,: $ DIP 6" x 6" TAPPING SLEEVE AND VALVE 1 EA $ $ ~/~ DIP 4" PLUG 0.007 Ton $ ~~,"1C $ ~A DIP 8" PLUG 0.0225 Ton $ ~tVr ~ $ /~~ Po DIP 4" 900 BEND 0.112 Ton $ (P1t161:J, ~ $ 6 7;;t" IN'? DIP 6" 450 BEND 0.0385 Ton $ ~,""G/ $ ;2.:!Jft ~lJ DIP - 4" GATE VALVE AND BOX 3 EA $ /Pa?" ,p $ t. ~'. DIP - 6" GATE VALVE AND BOX 2 EA $ / a>O.. ..~ $ . =.-~- DOUBLE DETECTOR CHECK VALVE ASSEMBLY - FIRE SERVICE 1 EA $ 5&aP.. .~.. $ ~~6'.. -"~ REDUCED PRESSURE BACK FLOW PREVENTOR - WATER SERVICE 1 EA $ / ...!:i7/t?" Xi' $ /~ ~. .V PRESSURE VACUUM BREAKER . IRRIGATION SERVICE 1 EA $ / t2:!l!P.. .-u $ i L_ 1 1/2" COPPER TUBING 205 LF $ :z..e .- ~',' $ ~~, ~u SAMPLE POINT 2 EA $ ~.-.P~ $ ~~PU PLUG WITH 2" BLOWOFF 1 EA $ ~A~ $ I.~;u / ,. ~ , REMOVE AND DISPOSE OF EXISTING PIPE 400 LF $ ~,. .:t) $ I ~~gp8J, ~>~ SUB-TOTAL $ 6.5: JZt:)/ ~ SEWER SYSTEM . 4' PVC SERVICE 65 L.F. $ ~/..~' $ /~~,. 'v CLEAN-OUT 2 EA. $ ~ ' 15/::Z?, ....'" $ ~ ~ ~l:? I - , CONNECT TO EXIST. SEWER LINE 2 EA. $ "2 ~?.5ZJ, ob $ 4;'"j:-~/ IV , $ :27. ~/ AO SUB-TOTAL caNT:' BID FORM. EXHIBIT A 0031~ 18181 DRIVE ACTIVE PARK APRIL 10, 2005 BID FORM - EXHIBIT A 003.1 ().. 7 ... 1815T DRIVE ACTIVE PARK APRIL 10, 2005 . ~ - ~. '" I' ) _, , , ' " J;:':f . i I I I \ I' I J II" j :. I ,: 1 /, 'I , 1'''_, > J __t,,, ;..I'J __1___1~ ~_ ~_ Item Quantity Unit Unit Price Coet I ' \ 2 EA $ )! 4 EA $ $ 850 L.F. $ $ 185 L.F. $ $ SUB-TOTAL $ 'Z, GCV, Pt.? $~05t9,~ ~ olIO L.S. S ~tJeJo~ .., . L.S. $ $ ~; oX' .6t9&,. ':0 SUB-TOTAL $ 3.f-,tJ&tJ, lJI,,? SUBTOTAL SITE ENGINEERING ITEMS $ +f;ol '14-3,,1/) SIGNING & MARKING R7-1 SIGNS FTP-26 SIGNS 6" WHITE SOLID LINE 6" BLUE SOLID LINE MISCELLANEOUS MOBILIZATION MAINTENANCE OF TRAFFIC :"',' '"'' " " ',' 1..'+.~JJJ.;~:V.'t,;:~;;,'~,-, '-":\\',~,:,.>' ',", "~<'< ' . " "'. ',' ','.;' SUBTOTAL SITE ITEMS SUBTOTAL BASEBALL FIELD ITEMS SUBTOTAL PLAYGROUND ITEMS SUBTOTAL SITE ENGINEERING ITEMS $ 351/t.bo,. 76 $ 405.Sbh 70 $ ~ ,;U6 ~ """ $ ?-13...1c "(Provide Total on Bid Form) BID FORM. EXHIBIT A 00310-8 181sT DRIVE ACTIVE PARK REV. APRIL 28,2005 '. ...... ........... ... .1~t$TPflly~'~~;t'~~;;PAR~..i..i>i:>> .......' EXHIBIT~~B"~.l.;.I.JMP,$l.IMARCHlTee"t'taAL.wPFlKaIPs,el;lf;PUI;.E\,... · '.' . ,. .' "i.".' ..... ".' .. .'.., ..>,....:',:!.:!;'..ii.f~rb;~tieia.#6$~~~~Q1;~r:>t.!);/.'!'}~':t,"'i:;.i';'~i';.',i'1'1<;,.'t(':'/,,::!, ..:..;':.."_:<--,: (....-- ,'-i;" Furnish all materials, equipment and labor and to perform all work in accordance with the Contract Documents for construction of the associated items below. UNIT PRICES Auger Cast-in-Place Piling added to or subtracted from Base Bid volume in accordance with Specification Sections 01270 and 02372 and Structural Drawings. ; .:::\'/".1 ~ 1 _ Cubic Yard) $ /~ / (jq~y6~L ~ k2 PC>) (f7t-e ~//~~ -=:; -# / ;U) > Vt7/7Jii\? (A.op ), #V/Jt.P~~ RECREATION CENTER All Recreation Center work GYMNASIUM Metal Lockers (Section 10505) Gymnasium Equipment (Section 11490) Telescoping Bleachers (Section 12660) All remaining Gymnasium work .' .... .. . . '. '.,:::" ,'. '.' "H~AReHI"'EQ"'lJ'RAE',WORK"'OTAL: ':":-'.'..:.. ....- :._, ",_, ", d"''''', .....~._,.<:-'..!.;.;,..;.-:':..y.;..._: ;. :....0,.: ,:-.:, , ';,' ,',., '>, _....' _;,,_, .,: '," _:'_. Co'_' ,,, .... "',: ",' $...5: 02-7. /63/ ~ '(Provide Total on Bid Form) BID FORM - EXHIBIT B 00320 - 1 05/1~/L008 15:23 FAX 9542171728 SILTEK. GROUP.INC. I4i 003/004 '. 181" ACTIVE PARK APRIL 10, 2005 DOCUMENT 00401 810 BOND BIDDER (Name lj()d Address}: SILTEK GROUP~ INC. 4403 Dogwood Circle Weston, Florida 33331 SURETY (Name and Addross of Prine/oBI Plaoe ot ~vslfJ.8ss): Hartford Fire Insurance Company 200 Colonial Center Parkwax, Suite 500 Lake Marv. Florida 32746 OWNER (~ame anrj Addres~: CllY Qf SUN~Y ISLES B~pH , ~70 Collins Avenue Sunnv Isles Beach. Florida 331 eo ~ BID DUE DATE: June 9, 2005 PROJECT (Brief Description Including Locat/on): ISlst DRIVE ACTIVE PARK ___ v- _ ElOND BOND NUMBER: N / A DATE: (Not/atef than Bid Dutl Date): June 9--1.- 2005 PENAL SUM: Five Percent of Amount Bid IN WITNESS WHEREOF, Surety and Bidder. intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on Its behalf by Its authorized officer, agent, or representative. BIDDER SURElY By: __(Seal) Ane - Note: (1) (2) Above addresses are to be used for giving requIred notice. Any singular reference to BIdder. Surety. Owner or other party shall be considered plural where applicable. aiD BOND 00401-1 OtJ/I ::tnOUtJ 1 tJ:~:.:l I- AX ::ftJ4~ 1 (1 (28 SILTEK.GROUP.INC. ~ 004/004 18111 ACTIVE PARK 1. Bidder Ilnd SW8ty, Iolndy and &8118l11ny, bind themselves, their helm. aaecutom, aClmlnlatralOl'I, successors and assigns 10 pay to OWner upon detaun 0' BIClCler eny dlfferenoe between the to., amount Qf Bladets bid and !he total amount of the bid of the next lowest. responBlble and ..pensive bidder.. dstennlnecf by Owner for the Work required by the Contract Documenta, pn:ntlcled that 1.1. I' Ihere It no euch next lowest, responsible .n~ responsive b1dcfer. and Owrler does not abandon the Prelect, then Bidder IIr1d Su~ ahllll pay to OVw1er the penal sum set forth ~ !he flKl8 of this Bond, and 1.2. In no e\lent shall Bidder's and Sl,Irety'a cOllgatlon hereunder uceed tie penal $um set forth on tI'Ie fIIee of thla Bond, 2. Default of Bidder shall occur upon the failure 0' Bidder to dell~er wIlhln the time required by the BiddIng Documenl8 (or any elCt8l1elon lhereof agreeCIlo In writing by Owner) the executed Agreement required by tt'II' Bidding Dooumenlll and any pertonnance and payment bonds requln:td by the Bidding DOCIumBnta and ContraCll Dooum..,... 3. lhla obligation IIhall .. null and void If: 3.1. OWner ac:ceptB Bldder'tl bid and BIdder dellv818 witnln the time required by tn. Bidding Dool6l\entB (or any extenelon thereof agreed 10 In wrIl1ng by Owner) tt1e executed Agreement requIred by the Bldalng Oooum.nra and any performance and payment bonda required by the Bidding Documlnl8 and Contract Documents, or 3.2. All blcl8 are rejfldBd by Owner, or 3.3. OVtTler 'elle to laaue I notice of llward to Bidder within !he time specified In Ihe Bidding OQOl.lmen18 (or any extenlllon the....of agreed 10 In writing by BIdder and, If appllcable, consented to by Surety when requIred by paraglllph 5 heraaf). 4. Peyrntnt under this Bond wlR be C1l,1e .net payable upon default by Bidder and wlltlln 30 calendar days after receipt by Bidder lIIld within 30 ~I.ndtlr days after reoelpt by Bidder and Surety of written notice of default flOm Owner. which notice will be glvan with lelSSOnable promptne9A, Identifying this Bond end the Project end Including a statement of the amount dLla. APRIL 10,2005 5. Surety waives notice 0' and any and Iilll d.rensllB baaed an Or .r1elng out of any time exr.nman tI) IMUe "OIioe of award agl88d to In writIng by Owner and Bidder, provided ll1at tho total tlm. for ".ulng notloe of award Including extensions ahan not In the aggregate exceed 120 ally. from Bid Ololl Data without Surety'a wrttten coneent. 8. No suit or action shall be commenced under thle Bond prior to 90 oalendar daye after tne notloe of lietault required In paragraph 4 abovB Ia received by BIdder af1d Surety and In no caae later than on. year after Bid Due Dale. 7. Any suit or lICtIon I,Incler lhlt Bond sM11 be oammenoed only In a court of competenl Jur1l1dlotlon located In the s1ate in which the PlOJect Is locatud. 8. Notlcee required hereunder IIhall be In writing and sent to Bidder and Surety 81 their relpel:tlve lIdQresses shown on the 1808 CJlIhIS Bond. Such notlcaa may be 8enl by personal delivery, commercial col,ll'\er or ~ UnltBd States F1eglster8d or Cer1lfled Mall, retum receipt requeeteCl. po$tage pre-pald, and shall be deemed to be efffjlCtJve upon receipt by the party concemed. 8. Surety IlIhall cause to be attached to !hie Bond a current and effeatJve Pow8r of Attomey 8vld~lf'Ig the authority of tha offlcer, agent or representative ~ executed . thle Bone! on behalf of Su~ty to execute, seal IInd deliver &uchBond al"ld bind the Surety thereby. 1 O. This Bond Is Intended to aOf\forrn to all lll:lpliaable statutory reqUirements. Any applicable requlremeot of Bny applicable statute that has been omltred from thl8 Bond thllll be deemed to be Included herein ae If set forth at len~. If Iny provision of thle Bond aonfllotl with IIny Ippllolbl. provision of this Bond confllctB wllhany appllcabl8 prOVision Of any appllOabl8 statut., then 'he provlalon or &aId atatUle shaD govem and the remali'lder of thIe Band 1hIlt Is not In confllQt therewith shaQ ClO/ltinl,l8 In full forct ~ Mftot. 11. The term "bid" as used herein Ir1cILda 1\ bid, off. Or proposal... appllOAble. BID BOND 00401-2 x Obligee'sllnsured's Name The City o/Sunny Isles Beach SUtek Group, Inc. Obligee'sIInsured's Mal1ing Address 18070 Collins Avenue Sunny Isles Beach, Florida 33160 4403 Dogwood Circle Weston, Florida 33331 Bond/Policy Number N/A IMPORTANT NOTICE TO OBLIGEES/POLICYHOLDERS - TERRORISM RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002, effective November 26, 2002, we must make terrorism coverage available in your bond/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverages, is limited by the terms, conditions, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/policy and generally applicable rules of law. Any terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by Federal Law. Under this formula, the United States will pay 90% of covered terrorism losses exceeding a statutorily-established deductible paid by sureties/insurers until such time as insured losses under the program reach $100 billion. If that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of $100 billion. The premium charge that has been established for terrorism coverage under this bond/policy is either shown on this form or elsewhere in the bond/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy, there is no premium for the coverage. I Terrorism premium: I $0 Form 8-3333-0 @ 2002, The Hartford Page 1 of 1 POWER OF ATTORNEY Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 Agency Code: 21-229752 KNOW ALL PERSONS BY THESE PRESENTS THAT: CD Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut CD Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana CD Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut [:=J Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut [:=J Twin City Fire Insurance Company, a corporation duly organized under the laws of the State ofIndiana [:=J Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois [:=J Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State ofIndiana [:=J Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of unlimited: Charles J. Nielson, Mary C. Aceves, Warren Alter, Charles D. Nielson of Miami Lakes, FL their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by 181, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. f~O Ct. ~ ()C1d I~ Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT} ss. Hartford COUNTY OF HARTFORD On this 23rd day of July, 2003, before me personally came David T. Akers, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. LJc:W-? h~ Scott E. Paseka Notary Public CERTIFICATE My Commission Expires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of June 9, 2005. Signed and sealed at the City of Hartford. ~ ~ /1f~f Gary W. Stumper, Assistant Vice President POA 2004 181 ST ACTIVE PARK APRIL 10, 200S SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(8), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to 4rY 0;::- ~HA1Y isLES B~ J _ ../ ~, [print nil)JJe of the pubfic entity] by .esNJs ;Z/~II/E.1~- ../Ie~e..~, r~S. , [BJint individual's naJlle !lid titl~ I. for .5/L-~ ~ut!::... /N?' [print name of entity submitting sworn statement] whose business address is 41{):8 ])06tVOOP Ci.P<'"IE J:Ie5~/~ rL.. 3333/ , and (if applicable) its Federal Employer Identification Number (FEIN) is 5? - '3 S.5T7 8 ;3 (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: . ) 2. I understand that a "public entity crime" as defmed in Paragraph 287. 133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(lXb), Florida Statues, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.1 33(lXa), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. I understand that a "person" as defined in Paragraph 287.133(lXe), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Form PUR 7068 (Rev. 06/11/92) 00402-1 181 ST ACTIVE PARK APRIL 10, 2005 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies] ~ Neither the entity submitting this sworn statement, nor any of its officers, directors, execfItives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA ATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CON NED IN S FORM. Sworn to and subscribed before me this f day of / t/n-e- -/ , 200 r- /' .1,7, I ~ r'1 PrtJ/ I;'~ . .i4~~ Not8.l)' Public - State of .IIf;;,,;.A Personally known OR Producedi.~~I1Hfi~~lion (Type of identification) ,"'" i" DELI" L LEE ~. ...., ..: ,',/ ~ MY COMMISSIOIH DD i54242 , ~~,~, EXPIRES: October 19,2006 .'., ~~ ,;-.I~: Bonder.! ThIll BIJ-igc\ Holary Services My commission expires /o'-/'1-ot (Printed typed or stamped commissioned name of notary public) Form PUR 7068 (Rev. 06/11/92) 00402-2 1818T ACTIVE PARK DOCUMENT 00403 TRENCH SAFETY ACT (90-96, Laws of Florida) APRIL 10, 2005 Bidder acknowledges that included in the appropriate bid items of the proposal and in the Total Bid Price are costs for complying with the Florida Trench Safety Act (90-96, Laws of Florida) effective October 1, 1990. The bidder further identifies the costs of such compliance to be summarized below: Trench Safety Measure (Description) A. B. C. D. Unit of Measure (LFSF) Unit (Quantity) Unit Cost Extended Cost ~ Total $/01 ~ c:?t!J # , If applicable, the Contractor certifies that all trench excavation done within his control in excess of five feet in depth shall be in accordance with the Florida Department of Transportation's Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL - TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non-responsive. Contractor agrees that the above safety compliances and costs are included in .s bid package. TRENCH SAFETY ACT END OF DOCUMENT actor 00403-1 181ST ACTIVE PARK TRENCH SAFETY ACT APRIL 10, 2005 THIS PAGE INTENTIONALLY LEFT BLANK. 00403-2 1818T ACTIVE PARK APRIL 10, 2005 DOCUMENT 00420 INFORMATION REQUIRED FROM BIDDERS GENERAL INFORMATION 2. The Bidder shall furnish the following information. Failure to comply with this requirement may cause its rejection. Additional sheets shall be attached as required. 1. Contractor's Name/Address: 5/~~t= fi'~t,) r;, / N e::. ~_ ~_ ~_ 4~~-E WU"m:!-'1 ~. ~~~~/ Contractor's Telephone Number: (1;-+) '2./ 7 -~ez9 Contractor's License: ~c. - Ob~~ Primary Classification: . ~ _. ~.R 3. 4. Number of years as a C02 actor in construction work of the type involved in this Contract: 2-- 5. List the names and titles of all officers of Contractor's firm: Au;.. ~LvelM- S;/IhfZ~A,t &S,. 5LC,/ ~6 ~L $iEL-'A, Jhc..b-~. . 6. Name of person who inspected site or proposed work for your firm: Name: 1f!$.fi€- 5i ~ Date of Inspection: ;;;/11 OS"" What is the last project of this nature you have completed? /... C" / TY ()F ~ L!J611f kve. COMHI/,AlIFt C~~ C. p~^}'r;+~ J 7. 8. Have you ever failed to complete work awarded to you; if so, where and why? NO . INFO REQUIRED FROM BIDDERS 00420-1 181 ST ACTive PARK APRIL 10, 2005 9. 'eJ~ ~P-CD~~ - t:) H"It#"JJ1/TT Jb:b/~~ LLL ~ c,u.l107) 2.'2.1- 4104-- 10. List the following information concerning all contracts on hand as of the date of submission of this proposal. (In case of co-venture, list the information for all co-ventures). NAME OF PROJECT ~'L:.. TOTAL CONTRACTED CONTRACT DATE OF CITY VALUE COMPLETION ~ IfP/.2dJ..r~~r L./ Sr % COMPLETION TO DATE b/~> " (Continue list on inset sheet, if necessary) 11. What equipment do you own that is available for the work? ;..101-/ e- 12. What equipment will you purchase for the proposed work? N06JE:. NOTE: Attach additional sheets if required. If requested by the City, the Bidder shall furnish a notarized financial statement, references and other information, sufficiently comprehensive to permit an appraisal of his current financial condition. INFO REQUIRED FROM BIDDERS 00420-2 u z I!iilIiII a. J o ~ ~ ~ w ~ - (jJ &I) o - en - CD .- U) - -I .- o w , o 0:: a.. Q) - co C r:::: o ;:; Q) c. E o (.) 'C Q) J:: o en l{) o I > o Z Q) - Q) c. E o (.) '* ":f!. o o LO - r:::: :J o E <( - o CO ... - c: o (.) o o to ....... N l{) N CO N ~ ... Q) r:::: ~ o c o :;::; CO ..... C CO a. - o >- :t::: o Q) E CO z - o .!, o ... a.. Q) I/) .... :J o o - (5 C> Q) ~ Q) I/) Q) .... a. c I/) o ~ :;::; :J 21:) C :J co .... a:: en l{) o I > o Z ":f!. o o l{) o o -.:t M l{) t'-- t'-- M M ~ C o :;::; co .- C m a.. - o >- :!: o C o 'ii) C m a. x W ..... a. Q) o Q) o o a.. C o :;:; m ..... r:::: m a.. co o , .n Q) u.. ":f!. o l{) o o 0) o t'-- -.:t to M M ~ o Q) C C) .- co 1/)= Q) .- a.> E .... m~ 00 o 3: ~ E C .... Q) m Ou.. I/) Q) C) m :> >- ..... <3 co "0 'C o u.. ":f!. o LO ,..... o o N ....... ....... <6 co -.:t. ....... ~ o o o C ..c o ...., en I/) Q) E o I Q) C) m :> C ..c o -, en LO o I a. Q) en ":f!. o o co o o ...... M to N co to ...... ~ <1:; o w ~ > co ..c o .... m I/) Q) o m I/) co () l{) o I a. Q) (f) N ~ I/) Q) E o I ..c o .... :J ..c o "0 Q) - 'c ::> C) C .ii) :J o I .... o 'c Q) en Q) Q) m ..lo:: o E E co o I .n Q) u.. co o I C :J -, ":f!. o to -e co - I/) ~B 0_ :J o .n m o o l{) M l{) o co ...... o o o o o o o -.:t to ~ C) C 'ii) :J o I .- .- 'C .... Q) ~ Q) > o o .... o .n .... <( 1818T ACTIVE PARK APRIL 10, 2005 LIST OF SUBCONTRACTORS The Bidder SHALL list below the name and address of each Subcontractor who will perform work under this Contract in excess of one-half percent of the total bid price, and shall also list the portion of the work which will be done by such Subcontractor. After the opening of Proposals, changes or substitutions will be allowed with written approval of the City of Sunny Isles Beach. Subcontractors must be properly licensed. 1. Work to be Performed ~t!e- ~O Subcontractor's Name/Address - <;;'O~S. 4sr 2. 3. 4. 5. 6. 7. 8. 9. 10. NOTE: Attach additional sheets if required. INFO REQUIRED FROM BIDDERS 00420-3 TEK GROUP INC. 181st DRIVE ACTIVE PARK Specialty Company Contact Info. Structural Shell Siltek Group Inc 4403 Dogwood Circle Weston, Florida 33331 PH 954-217-6829 Site: McKay Contracting, Inc. 1234 SW 1st Way Deerfield Beach, FL 33441 PH 954-480-6404 Plumbing: Zager Plumbing 740 S Deerfield Ave., Ste.1 Deerfield Beach, FL 33441 Ph: 954-481-2629 Fire Sprinklers: Caribbean Fire & Associates 3856 SW 30th Avenue Suite 109 Hollywood, Florida 33312 Ph: 954-581-9393 HVAC: Pilar Services 8191 N.W. 91stTerrace Bay A-3 Medley, Florida 33166 Ph: 305-888-2421 Electrical: Statewide Electrical 13277 SW. 124 Street, Suite # 9 Miami, Florida 33186 Ph: 786-236-8075 Structural Steel TWS Fabricators 2350 SW 57th Way Hollywood, FL 33023 Ph. 954-983-9749 Windows: Florida Engineered Glass 8942 SW 10th Terrace Miami, FL 33174 Ph. 786-402-0407 Doors: ADH 19113 E Lake Drive Miami Lakes, FL 33015 Ph. 305-321-9529 Roof: Southern Coast 237 NW 1 st Street Deerfield Beach, FL 33441 Ph: 954-426-3312 Piles: Ebsary Foundation 2154 North River Dr. Miami, FL 33125 Ph: 305-325-0530 Landscaping Tropic Landscaping P.O. Box 901368 Homestead, Florida 33090-1368 Ph: (305) 245-4144 181ST ACTIVE PARK APRIL10, 2005 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of CITY OF SUNNY ISLES BEACH (hereinafter called OWNER) and (hereinafter called CONTRACTOR). in the year 20_ by and between Siltek Group. Inc. 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: Sealed bids for the construction of the 18151 Drive Active Park, at 18115 North Bay Road, Sunny Isles Beach, Florida, 33160, consisting of a two (2) acres site to be developed as a public recreation area will be received by the Owner, City of Sunny Isles Beach. Work generally will consist of a baseball field with lighting, perimeter on-street parking, a new recreation center, a new gymnasium, landscape, infrastructure, and miscellaneous site amenities. Article 2. ENGINEER. The Project has been designed by: Miller, Legg & Associates, Inc. d/b/a Miller Legg 1800 N. Douglas Road, Suite 200 Pembroke Pines, Florida 33024 who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1. The Architectural Building work will be substantially completed within 365 calendar days after the date when the Contract Times commence to run and the Project Site work will be completed within 432 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 463 calendar days after the date when the Contract Times commence to run. 3.2. L1QUlDA TED 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 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 One Thousand Five Hundred and 00/100 dollars ($1500.00) for each day that expires after the time specified in paragraph 3.1 for each Substantial Completion date until the Work is substantially complete. If CONTRACTOR shall neglect, refuse or fail to complete the project by the project completion date within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Thousand and 00/100 dollars ($1000.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. EJCDC STANDARD FORM OF AGREEMENT Exhibit "B" 00500-1 181ST ACTIVE PARK APRIL10, 2005 Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 below: 4.1. FOR A LUMP SUM CONTRACT OF: TOTAL BASE BID (Lump sum, Unit prices, and contingency items) Seven Million One Hundred Eihaty Six Thousand Four Hundred Twenty Three and 05/100 (use words) ($ 7.186.423.05 ) figures As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03.B 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 ENGINEER as provided in the General Conditions. 5.1. Progress Payments; Retainage. OWNER shall make progress payments on account of the contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the last day of each month during construction as provided in paragraphs 5.1.1. and 5.1.2. below. All such payments will be measured by the schedule of values established in paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 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 ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions. ...!D.... % of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case the remaining progress payments prior to Substantial Completion will be in an amount equal to 100% of the Work completed. ~ % (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in paragraph 14.02 of the General Conditions and within Section 9-6.5 partial payments as provided in FOOT Standard Specifications for Road and Bridge Construction. EJCDC STANDARD FORM OF AGREEMENT 00500-2 1818T ACTIVE PARK APRIL 10, 2005 5.1.2. When circumstances beyond the CONTRACTORS control arise (as determined by the OWNER) the OWNER may allow the total payment to the CONTRACTOR to increase to 98% of the contract price (with the balance being retainage), less such amounts as ENGINEER shall determine, only after receipt of the final as-builts and upon substantial completion of the project and in accordance with Paragraph 14.02 of the General Conditions. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. Article 6. INTEREST. (Not Applicable) Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data." 7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1. of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extend of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. EJCDC STANDARD FORM OF AGREEMENT 00500-3 181ST ACTIVE PARK APRll10, 2005 7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 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 (pages 1 to~ inclusive). 8.2. Exhibits to this Agreement (page) A inclusive). 8.3. Performance, Payment, and other Bonds, identified as exhibits 00600 and 00601 and consisting of ~ pages. 8.4. Notice to Proceed. 8.5. General Conditions (pages 00700-1 to 00700-42. inclusive). 8.6. Supplementary Conditions (pages 00800-1 to 00800-7, inclusive). 8.7. Specifications bearing the title 181st Drive Active Park. Proiect Manual Vol. 1 & 2 and consisting of 16 divisions. 8.8. Drawings consisting of a cover sheet and sheets numbered as specified in the Drawing Index INX-1. 8.9. Addenda 1. 2. 3. 4 and 5, inclusive. 8.10. CONTRACTOR's Bid. 8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages N/A to N/A inclusive). 8.12. 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 paragraph 3.04 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 13. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 9. MISCEllANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party thereto 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 EJCDC STANDARD FORM OF AGREEMENT 00500-4 18181 ACTIVE PARK APRIL 10, 2005 There are no Contract Documents other than those listed above in this Article 13. The Contract Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General Conditions. Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party thereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4. Any provisions or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provisions or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5. OTHER PROVISIONS. 9.5.1. DRAWINGS 181 ST DRIVE ACTIVE PARK, 18115 NORTH BAY ROAD BID NO. 05-04-01 (ML Project No. 114122) DESCRIPTION SHEET NO. NOTE: REFER TO INDEX OF DRAWINGS INX-1 9.5.2. In accordance with the indemnification provision contained in the General Conditions, the CONTRACTOR agrees to indemnify and save harmless the CITY OF SUNNY ISLES BEACH, AND MILLER LEGG and their agents and employees, from or on account of any injuries or damages received or sustained by any person or person during or on account of any operations connected with the construction of all Work; or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor, subcontractor, agents, servants, or employees; and 9.5.3. The CONTRACTOR agrees to maintain in force at all times during the life of the construction, public liability insurance, by separate certificate, in an amount not less than $1,000,000 for injuries, including willful death, to anyone person and subject to those same limits for each person, in an amount not less that $1,000,000 for damages as a result of each EJCDC STANDARD FORM OF AGREEMENT 00500-5 1815T ACTIVE PARK APRIL10, 2005 occurrence and property damage insurance and in an amount not less than $1,000,000 for damages on anyone occurrence. Such policy shall specifically protect the CITY OF SUNNY ISLES BEACH, AND MILLER LEGG their agents and employees, by making them an additional insured, and shall not be modified or canceled without thirty (30) days written notice to the CITY OF SUNNY ISLES BEACH. 9.5.4 Should the final completion and acceptance of the work herein embraced together with any modification or additions be delayed beyond the time herein set because of lace of performance by the Contract, it is understood and agreed that aside from any other liquidated damage per day for such delay from such time until the work is completed and accepted as herein provided, all costs of engineering and inspection on behalf of the Owner will be charged to the contractor and deducted from any estimate or payment otherwise due and payable to him from time to time. The costs of engineering and inspection which may be charged to the Contractor by the Owner under this article shall be equal to the Engineer's charges to the Owner. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in Five (5) parts. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on Agreement). , 20_ (which is the Effective Date of the ATTEST: By [CORPORATE SEAL] [CORPORATE SEAL] Address for giving notices License No. Agent for service of process (If CONTRACTOR is a corporation, attached evidence of authority to sign). EJCDC STANDARD FORM OF AGREEMENT 00500-6 181ST ACTIVE PARK APRIL 10, 2005 SIGNATURE PAGE FOR CONTRACTS/AGREEMENTS CITY EXECUTIONS IN WITNESS WHEREOF, the parties hereto have made and executed this (Agreement or Contract) on the respective dates under each signature: City of Sunny Isles Beach through its City Commission, signing by and through its Mayor, authorized to execute same by Commission action on the _ day of and CONTRACTOR authorized to execute same. CITY OF SUNNY ISLES BEACH, through its City Commission ATTEST: By: Norman S. Edelcup, Mayor _day of ,20-- Jane Hines, City Clerk Approved as to form and legality by Office of the City Attorney By: Christopher J. Russo, City Manager _day of ,20-- By: Hans Ottinot, City Attorney _day of ,20-- (CITY SEAL) EJCDC STANDARD FORM OF AGREEMENT 00500-7 181ST ACTIVE PARK APRIL10,2005 CERTIFICATE AS TO CORPORATE PRINCIPAL I, , certify that I am the of and , who signed the Bid with City of Sunny Isles, that Dade County Florida for is , City Bid No. of said Corporation with full authority to sign said Bid on behalf of the Corporation. Signed and sealed this _ day of ,20_" (SEAL) Signature Typed wfTitle STATE OF FLORIDA COUNTY OF DADE SWORN TO AND SUBSCRIBED before me this _ day of ,20_. My Commission Expires: Notary Public EJCDC STANDARD FORM OF AGREEMENT 00500-8 181ST ACTIVE PARK APRIL 10, 2005 CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL I, , certify that I am the of who signed the Bid with City of Sunny Isles Beach, Dade County Florida for the project titled , Miller Legg Project No. 114122, and that the following persons have the authority to sign payment requests on behalf of the Corporation: (Signature) (Typed Name wlTitle) (Signature) (Typed Name wlTitle) (Signature) (Typed Name wlTitle) Signed and sealed this _ day of ,20 . (SEAL) Signature Typed wlTitle STATE OF FLORIDA COUNTY OF DADE SWORN TO AND SUBSCRIBED before me this _ day of ,20_. My Commission Expires: Notary Public EJCDC STANDARD FORM OF AGREEMENT 00500-9 i8iST ACTIVE PARK APRIL10, 2005 THIS PAGE INTENTIONALLY LEFT BLANK. EJCDC STANDARD FORM OF AGREEMENT 00500-10 181ST ACTIVE PARK APRIL 10, 2005 Construction Payment Bond 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 Business): OWNER (Name and Address): CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, Florida 33160 CONSTRUCTION CONTRACT Date: Amount: $ Description (Name and Location): PROJECT NAME City of Sunny Isles Beach BOND Date (Not earlier than Construction Contract Date): Amount: $ Modifications to this Bond Fonn: CONTRACTORASPRmCWAL Company SURETY (Corp. Seal) Company (Corp. Seal) Signature: Name and Title: Signature: Name and Title: CONTRACTOR AS PRINCW AL Company SURETY (Corp. Seal) Company (Corp. Seal) Signature: Name and Title: Signature: Name and Title: EJCDC No. 1910-288 (1984 Edition) 00600-1 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. 18lST ACTIVE PARK I. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance 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 2.2. Defends, indemnifies and holds hannless 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 Paragraph 12) 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 or equipment 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 (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 enclosing a copy of the previous written notice furnished to the Contractor. 5. 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. Payor 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 owned by the Owner to the Contractor under the ConstrUction Contract shall be used for the performance of the ConstrUction Contract and to satisfy claims, if any, under any ConstrUction performance Bond. By the APRIL 10,2005 Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the ConstrUction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's 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 Contract. The Owner shall not be liable for payment of any costs or expenses of any 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. 10. The Surety hereby waives notice of any change, including changes of time, to the ConstrUction Contract or to relate subcontracts, purchase orders and other obligations. II. No suit or action shall be commenced by a Claimant under this Bond other than in a 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 or equipment were furnished by anyone under the constrUction Contract, whichever of (I) or (2) fllSt 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 acceptable. 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 conforming 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. 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. DEFINmONS 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 tenns "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the ConstrUction Contract, architectura1 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. 15.3. 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 tenns thereof. (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): EJCDC No. 1910-288 (1984 Edition) 00600.2 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. 181ST ACTIVE PARK DRIVE APRIL 10, 2005 Construction Performance Bond 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 Business): OWNER (Name and Address): CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, Florida 33160 CONSTRUCTION CONTRACT Date: Amount: $ Description (Name and Location): PROJECT NAME City of Sunny Isles Beach BOND Date (Not earlier than Construction Contract Date): Amount: $ Modifications to this Bond Fonn: CONTRACTOR AS PRINCIPAL Company SURETY (Corp. Seal) Company (Corp. Seal) Signature: Name and Title: Signature: Name and Title: CONTRACTOR AS PRINCIPAL Company SURETY (Corp. Seal) Company (Corp. Seal) Signature: Name and Title: Signature: Name and Title: EJCDC No. 1910-28A (1984 Edition) 00601-1 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. 181sT ACTIVE PARK DRIVE I. The ContraCtor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the perfonnance 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 participate 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: 3.1. 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 days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the ContraCtor and the Surety agree, the ContraCtor shall be allowed a reasonable time to perform the Construction ContraCt, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default: and The Owner has declared a Contractor Default and formally terminated 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 provided in Subparagraph 3.1: and The Owner has agreed to pay the Balance of the ContraCt Price to the Surety in accordance with the terms of the Construction ContraCt or to a contractor selected to perform the Construction ContraCt in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 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 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors: or Obtain bids or negotiated proposals from qualified contraCtors acceptable to the Owner for a contraCt for performance and completion 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 perfonnance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction ContraCt, and pay to the Owner the amount of 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 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 reasonable 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 3.2. 3.3. 4.2. 4.3. 4.4. APRIL 10, 2005 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, or 4.3 above, then the responsibilities of the Surety to the Owner shall not 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 comminnent 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 working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs flISt. If the provisions 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 mailed or delivered to the address shown on the signature page. II, 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 conforming 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. Defmitions. 12.1. Balance of the Contract Price: The total amount payable by the Owner to the ContraCtor under the Construction Contract after all proper adjusnnents 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 damages 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 has neither 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. (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): EJCDC No. 1910-28A (1984 Edition) 00601-2 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. 181 ST ACTIVE PARK APRIL 10, 2005 DOCUMENT 00650 ACKNOWLEDGEMENT OF CONFORMANCE WITH O.S.H.A. STANDARDS TO THE CITY OF SUNNY ISLES BEACH We acknowledge and agree that as contractors for the construction of the "181sT DRIVE ACTIVE PARK, 18115 NORTH BAY ROAD", that we have the sole responsibility for compliance with all requirements of the Federal Occupational Safety and Health Act of 1970, and all State and Local Safety and Health regulations, and agree to indemnify and hold harmless the City of Sunny Isles Beach, and Miller, Legg & Associates, Inc. against any and all legal liability or loss the District or the Engineer may incur due to failure to comply with such act. ATTEST CONTRACTOR ATTEST By: Title: DATE END OF DOCUMENT ACKNOWLEDGEMENT OF OSHA STANDARDS 00650-1 181ST ACTIVE PARK THIS PAGE LEFT INTENTIONALLY BLANK. ACKNOWLEDGEMENT OF OSHA STANDARDS APRIL 10, 2005 00650-2 This Mt-I.'lJeDt has imporwtt legal consequences; consultation with ID attorney is eocouraged with fespcctlO its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the CODlrolliDg Law. \ STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACI' DOCUMENTs COMMITTEE and & Issued and Published 10iDtJy By 41 NatlolllJl Society of Profe..lonal Engineers "",..- _,...,.. .1'ttmI1'Iw1a .. AMERICAN CONSULTING ENGINEERS COUNCIL PROFESSIONAL ENGINEERS IN PRlV ATE PRACTICE Q prDCtice division of 1M NA nONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN SOCIETY OF CIVIL ENGINEERS AMERICAN CONSULTING BNGINEBRS COUNCn.. AMERICAN SOCIETY OF CIvIL BNGINBERS . This "'-nueat has beea approved IUd cadoned by The - CleocnI T Coulrxron or America . Coaslrucdoa Specl1icadoas IDslitute ~~~~. 'IbeIe 0eDenI o-t~ ~ beea prepared for use wDb die Owuer-c.o..nc:ror ~ (No. 1910-8-A-l or 191~ 8-A-2) (1996 Edidoas). 1bdr pRWisioas lie iDtemJaIed IUd I chaap in ODe may aeeasiwe I dIqe ill die 0Cbcr. Corn-1ItI c:oaccraia& Ibeir ... are lYIIIt-mect in die EJCDC User', Guide (No. 1910-50). For B"i....~ ill the prqtaradoa 0( Supp~ ClWIIf~, ICe Guide fD die ~ of SupplcmeDwy Owfitiou (No. 1910-17) (1996 Edidon). ,. EJCDC No. 1910-8 (1996 Edition) Copyright 01996 Nadoaal Socidy of Profeuioall P~'" 1420 KID& SCRd. AIex-wlria, VA 22314 : Americaa eoa.~ p~ CoaDciI I01515daSUeelN.W., W~ DC 20005 American Society of Civil F.,.;nH.rI 345 But 47. Screet, New York. NY 10017 00700 - 2 TABLE OF CONTENTS ) fw ARTICLE 1 - DEFINmONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 6 1.01 D~ T~nns .................................... ~ . . . . . . . . . . . . . . 00700 _ 6 1.02 T~rrninology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 8 ARTICLE 2 - PREUMINARY MA TIERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 9 2.01 Delivery oj Bonds ................................................. 00700 _ 9 2.02 Copies oj Docunrenrs ............................................... 00700 _ 9 2.03 Commencemen/ oj Conrractlimes; Notice to Proc~ed .......................... 00700 _ 9 2.04 Staning the Work ................................................. 00700 _ 9 2.05 B~Jore Stoning Construction .......................................... 00700 _ 9 2.06 Pr~construction Conf~r~nc~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 10 2.07 lnitioJ Acceptanc~ oj Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 10 ARTICLE 3 - CONTRACf DOCUMENTS: INTENT, AMENDING, REUSE .................... 00700 _ 10 3.01 Inr~nJ. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 10 3.02 Rqerence Slondards .............................................. 00700 _ 10 3.03 Reponing tl1Id Raolving Discrepanciu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 11 3.04 Amending tl1Id Supplt!1llOlling Conrraa Docummu ........................... 00700 _ 11 3.05 Reuse oj DOCIIIrIentr . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDmONS; REFBRBNCE POlN'I"S .............................................. 00700 _ 11 4.01 Avai/i1biliry oj Lands .............................................. 00700 _ 11 4.02 SubSUrfDCt! tl1Id PhysiCIJI Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 12 4.03 Differing SubsurfDCe or Physical Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 12 4.04 Und4rground FDCilitiu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 13 4.05 Rqerence Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 13 4.06 Hazardous Environmenral Condition at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 14 ARTICLE 5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 15 5.01 PerfoT7llllllCe, Paymenl, twl Other Bonds ................................. 00700 _ 15 5.02 Ucmst!4 Suretiu twl Insuren ........................................ 00700 _ 15 5.03 CertjfU:lztu oj l1UIl1'tIIICt! .................. . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 15 5.04 C:ONlBACTOR'I LiIlbUIIy lllSUTtlllCt! .......... . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 15 5.OS OWNER.'s LiIzbiJJty l1IsIJrana . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 16 5.06 Ptr1perty lII4II1rI1ICe ................................................ 00700 _ 16 5.(11 WflhIer tf RJg/III ....................... . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 17 5.08 RICt!ipt II1IIl AJIpl/caI/Dn tf lnart1nce i'TrJ<<tJdI . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 18 5.09 A~tfllt1Nlltllllll1ullrr1n<<: ~ ID~ ........... ... . . .. . . . . . . . 00700 _ 18 5.10 PIlI1I4l CItlI/zJzdDn, ~ of I'TtJperty IMIITt!T . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 18 ARTICLE 6 - CONTRACTOR'S RBSPONSmIInlBS ................................... 00700 _ 18 6.01 SuperviJlDn tIIfd Superlntt!1'1d.enc4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . :-. . . . 00700 _ 18 6.02 Labor; Wottint HOIIT'6 ............................................. 00700 _ 19 6.03 ServIca. MDterWs. tIIfd EquJpmenl .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 19 6.04 P"'gTeII Sched1Ik . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 19 6.OS Sub#ltlda tIIIIl -Or-Equtzls- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 19 6.06 Concemlng ~n. Supplien. tlIIII 0tMn . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 20 6.(11 PIIIeIII Fet!l1IIId /l4ytIJI/a ........................................... 00700 _ 21 6.08 Perrn/# . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 21 6.09 Laws tlIId Regu/illicnl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . . . . . . 00700 _ 22 6.10 T4ZrG'. . . . 0 0 . . 0 0 0 . . 0 0 0 0 0 0 . . . 0 0 0 0 . -0 0 0 0 . . . . . . . 0 0 0 0 . 0 0 . . 0 0 . . 0 . . 0 . 00700 _ 22 6.11 U. D/. iIIId 0th4r ketI$ . . . . . 0 . . 0 . . 0 0: 0 . 0 . . . 0 . . 0 0 0 0 : 0 . 0 . 0 o. 0 . 0 . . . . 00700 _ 22 6.12 ReCt1f'd DoaitnentI 0 0 . 0 . 0 0 . . . . . . . . . . . . . . ~ . . . . . 0 . 0 0 0 . . . 0 . 0 0 0 0 . . 0 . . . 0 00700 _ 22 6.13 Sllfety tlIId ~ 0.... 0 . . . . . . . . . . . 0 0 . . . 0 . 0 . . 0 0 0 0 0 . 0 0 0 . 0 0 0 . . . . . 0 00700 _ 23 6.14 Sllfety Rqt't!lelllllllve o. 0 . . . . 0 . 0 . . . . . . . . 0 . 0 . . . 0 0 0 0 0 0 0 0 . . . 0 . . 0 ... 0 0 0 . . 00700 _ 23 6.15 HatIIId ~ Protrtllfll 0 0 0 . . 0 . 0 0 0 0 ',' . . 0 0 0 0 0 0 . 0 . . 0 . . 0 0 0 0 0 0 0 . . . 00700 _ 23 00700 - 3 6.16 Em4rgetU:ia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23 6.17 Shop Drawings and Samples. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23 6.18 Conrinuillg tJu Worlc . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 24 6.19 CONTRACTOR's GeMr," Warranty and GuDranlee . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 2S 6.20 IndenrnJficalioll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 2S ARTICLE 7 _ OrnER WORK ................................................... 00700 - 26 7.01 ReWed Wort aI Sile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26 1.02 CoordillaliOll. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00100 - 26 ARTICLE 8 _ OWNER'S RESPONSIBIUTIES ........................................ 00700 - 26 8.01 OJmmumcaJions 10 OJlllraclor .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26 8.02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26 8.03 Furnish Dala ................................................... 00700 - 26 8.04 Pay Promptly Whell Due . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26 8.05 lAru:Is and &semellls; Repons and Tuts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00100 - 26 8.06 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27 8.07 Quuage Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00100 - 27 8.08 Inspections, Tesls, and Approvals ...................................... 00100 - 27 8.09 Limitations 011 OWNER's Ruponsibili/iu ................................. 00100 - 27 8.10 Un4isclDs<<l HlIlIU'doIIs Envil'tJlllMlUlll Condition ............................ 00700 - 27 8.11 Evidence of Pi1llJ1lCial ATTDIIgemelllS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION. . . . . . . . . . . . . . . . . . . . . . . . . . . 00100 - 21 9.01 OWNER'S Rqresenlllliw ........................................... 00100 - 1:1 9.02 V"uits to Sltt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00100 - 27 9.03 Project Repraelllatiyt ............................................. 00100 - 27 9.04 CltuifiCDJions and ll11erpreUZlions ...................................... 00700 - 28 9.05 . Au/horlz<<l Variations in Worlc ........................................ 00700 - 28 9.06 Rejeaing Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00100 - 28 9.01 ShopDrawillgs, Ouuage Orders and Paymenls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28 9.08 DettrminationsforUnilPriceWork...................:................. 00700-28 9.09 Dedsion.s 011 RequiremelllS of ColllrtJd DocumenJs and AcceptDbiliry ofWolt .......... 00100 - 28 9.10 LimiIaIions on ENGINEER's AulhoriJy and RuponsibiJitia . . . . . . . . . . . . . . . . . . . . . . 00100 - 28 ARTICLE 10 - CHANGES IN 1HB WORK; CLAlMS ................................... 00100 - 29 10.01 .Aullwrit.e4 OtDngu In 1M Wolt ................................. . . . . . . 00100 - 29 10.02 UnDu/ho,.. Ortzngu III 1M Wolt ..................................... 00100 - 29 10.03 ExecutiDII of OI/lIIge Orden . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 29 10.04 NoIf/U:tIIllJII III S1lrety .............................................. 00700 - 29 10.05 CJiIlm$ tIIIIl Dlspllta . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 30 ARna.s 11 - COST OP 1HE WORK; CASH AU.OWANCES; UNIT PRICE WORK . . . . . . . . . . . . . . 00700 - 30 11.01 Cost of 1M Wott . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 30 11.02 Ctzsh~................................................. 00700 - 32 11.03 Unit Pria Wolt ................................................. 00700 - 32 ARTICLE 12 - CHANGB OF CONTRACI' PRICB; CHANGB OF CONTRACI' TIMBS ............. ()()1()() - 33 11.01 Ouzngt of Co1IIrtu:t Price ........................................... 00700 - 33 12.02 OtDnge of Co1IIrtu:t 7Jmu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 33 12.03 Delay, Bey0n4 CONrRAC1'OR', Co1IIrol ................................. 00700 - 33 11.04 De. lVithIII CONJ:RAeroR', Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 11.05 Delay, Bqon4 OWNER', tIIId CONI'RAeroR', Control . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 11.06 DeIIIy DtI1tIII8a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 ARna.s 13 - TESTS AND 1NSPBC110NS; CORRBC110N. REMOVAL OR ACCBPTANCE OP DmzBC'11VE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34- 13.01 Noda tJ/J),fedl '. .:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00100 - 34 13.02 Ai:cesI III Wolt .. . . . . . . . . . . . . . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . . . . . 00100 - 34 13,03 Tests an41nspectiotu .............................................. 00100 - 34 13.04 Uni:t1verIng Wont . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 35 l3.OS OWNER MIry Stop the Wolt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700. 35 13.06 t:DrrectlDn tlt'Re1nI1vtIl D/ De/ectlw WDrt ................................. 00700. 35 00700 - 4 13.01 Correction Period .................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700.35 13.08 Acceptance ofDqecdYe Wolt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 36 13.09 OWNER May Correct Dqeaive Wolt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700. 36 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION. . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 36 14.01 Schedule of Values . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 36 14.~ Progress Pay~n/s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 37 14.03 CONTRAC1"OR's Warranl}' t1/Title .......................... . . . . . . . . . . . 00700 _ 38 14.04 SubstDlllitzl Completion ................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 38 14.05 Partial Udlit.aJion ................................................ 00700 _ 39 14.06 Fi1lllllnspeaion ................................................. 00700 _ 39 14.07 Fi1llll Pay~n/ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '00700 _ 39 14.08 FiNll Completion Delayed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 40 14.09 Waiver of Oaims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 40 ARTICLE 15. SUSPENSION OF WORK AND TERMINATION ............................ 00700 _ 40 15.01 OWNER May Suspend Wolt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 40 15.02 OWNER May Terminate/or Ctuue. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 40 15.03 OWNER May Terminate For ConYenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 41 15.04 CONTRACl'OR May Stop Wolt or Tennillllle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 41 ARTICLE 16 - DISPt.rrB RESOLtmON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 41 16.01 MeJhods IIIId Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 41 ARTICL.E 17. MISCBU.ANBOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 42 17.01 Giving Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 42 17.02 CompU//lJion t1/ ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700. 42 17.03 OunuItzrive Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700.42 17.04 Surviwzl of Obligations ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 42 17.05 Con/rolling Law ................................................. 00700 _ 42 ~ , 00700 - 5 ,. GENERAL CONDmONS ARTICLE I - DEFINmONS AND TERMINOLOGY 1.01 Defined Tenns A. Wherever used in the Contract Documents and prioled with initial or all capital lenetS, the terms listed below will have Ihe meanings indicated which are applicable to bolh the singular and plural Ihereof. I. Addenda-Written or graphic instr1JIDents issued prior to the opening of Bids which clarify, comet, or cbaDge the Bidding Requirements or tbe CootraCt [)ocuJDcDlS. 2. Agreement-The written iDsttumeal which is evideDce of the asreement between OWNER aDd CONTRACfOR covering the Wort. 3. AppUCDtion/or Payment-Tbe form acceptable to ENGINEER which is to be used by CONTRACfOR during the course of the Work in requesting progress or fmal payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. AsbutOl-Any maIeria1 that ccmtaiDs more than ODe percem asbestos aod is friable or is re1easma asbestos fiben iDlO tbe air above curreat adioD Ie\'eII established by Ibe Uuited StateS Oc:eupadoaal Safety aad Health A"",mtmatioa. 5. Bi4-1be offer or popasal of a bidder IUbmiUed 011 Ibe pracribed form aeUiac forah die prices for die Wod: to be performecl. 6. Bidding DocuntmU- The BiddiDa RequircmeDII aDd the proposed CODUad DocumeDU (iDc1udiDg all ~ issued prior to receipt of Bids). 7. Bidding ReqrdrtmenlS- The Advertisemeal or IDWadal to BkI, IDsUuctioas to Bidden, Bid securily form. if my. aad Ibe Bid form wich my suppIcmeDII. 8. Jbrds-PcrfOl'lDJllCC aDd paymeot boDds aad 0Cber iDsU\IIDeIdI of recurily. 9. Orange Otrler-A d<<:v1lll'1lf recom--wl by ENGINEEIl wbidlls liped by CONTRACfOa IDd OWNEll aad ~ .IM'~ ~ or revision In cbe Wort or aD IdjUSCDlelllm die CoaInct Price or Ibc 00700 - 6 Contract Times, issued on or after the Effcctive Date oj the Agreement. 10. Claim-A demand or assertion by OWNER or CONTRACI'OR seeking an adjustmeDl of Contract Pri~ or ContraCt Tunes, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. CoNTact-The entire and integrated wrineD agrccment betwccn the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether writtcD or oral. 12. ContTtu:t DocwnenlS- The Contract DocumerUS establish Ibe rights aDd obligatioas of tbe partiei aDd iDclude die Agreement, ~ (which perWn to the CoDlracl Doc:umcDIS), CONTRACTOR's Bid (iDcluding documentation accompanyiDI tbe Bid aDd any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the AgrccmeDl, the Notice to Proceed, the Bonds, these General Conditions, the Supplemenwy Conditions, the Specifications aDd the Drawings as the same are more specifically identified in the Agreement, together with all Written ~"'4'!f1ts, 0wIF Orden, Wod: Change Directives, FJeld Orden, IDd ENGINEBR'. written iDlerpretationl aDd c1ari~ issuecI OIl or after Ibc BffectM DaI.e of tbe Agreement. Apprvved Shop DrawiDp aDd die reports aDd drawiD&I of subsurfKe aDd physical ~iMas are DOt CcaInd ~. . Oaly primed or IuIId capia of cbc ItaDs Jisral ..dds pan&l'IIIh Il'CCaanct J)uwal---.tll. Fila In eJec:uoaIc media formal.of teXt, clam. ppbJcI. aDd Ibe Jib that may be funIisbecl by OWNER to CONTRAcroR are DOt CODU'Id DocumeDfI. 13. Con/rtlD Price- Tbe moneys payable by OWNER to CONTRACfOR for complcdon of tbe Work in accordaDce with die Contncl I>ocumenm as stated in tbe Agrecmcal (subject to Ibe provisions of paragraph 11.03 in the case of Unit Price Work). 14. CotItrtIa 7fma- Tbe IIIIIDbcr of days or cbc data suced in Ibe ApeemaIt to: (i) dicve SulJaUl"is' Compldioo; IDd (Ii) complde Ibe Work 10 dJIl it Is ready (or fiDII paymemD e\'ideIt'".Cd by ENGINEER', wriUca ~ of final paymeat. IS. CON'I'BACTOR- Tbe iDdiWlual or c:adIf wid1 whom OWNER bas emercd iDro Ibc A.grecmeDt. , 16. CoIl of 1M Wort-See paraanph II.OI.A (or detiaitioa. 17. Dmwings-lbat part of lbe CODlrICt Documenu prepared or approved by ENGINEER which graphicaUy shows Ibe scope, exrem, and character of the Work to be performed by CONTRAcroR. Shop Drawings IDd other CONTRAcroR submittals arc DOt Drawings as so defmed. 18. Effective Dare of rhe Agreemenr-lbc date iDdkaCCd in the AgreelDCDl on which it becomes effective, but if DO such dale is indicated, it meaDS lbe dale on which Ibe Agreemeu is signed IDd delivered by the last of Ibc two parties to sign and deliver. \ )- 19. ENGINEER-The individual or entity named as such in the Agreemem. 20. ENGINEER', CtJtrsuJlont-An iDdiYidual or entity haYiaa . ClOaa~ willa ENGINEER 10 ftImish services as ENGINEER', indepeadeDI professioaaJ associate or c:omuIlIDE with respect to !be Project and who is . ideDtifJed u ~ in tbe Suppleme~ Conditions. 21. Field Order-A written order issuC:d by ENGI- NEER which requires miDor changes in tbe Work but wbich docs DOt involve a change in tbe Comract Price or tbe Coatract Times. 22. Gtneral RequlrtlM1lll-Sections of Division 1 of die Specifkatioas. The GeueraI Requir'e1Dalll penain to aU Iectioas of die Specifications. 23. HII'I./I1flIJuI BmiI't1NllDlllll 01ndid0n- The praeace at die Site of AIbestoI, PCBa. PeuoIeum, HazIIdoaI Ware, 01' p~ MaraiII ill such '. 'PI.Jo.~"1.s .. w~.....A.~ 111II may preICIIIa .,....;.1 cIaD&a' lit perIOIII or prop..ny exposed tberero ill c:oooecdoa with !be WOIt. 24. HtrlIlI'douI Waste-The term Hazardous Waste sbaIl haw Ibe 1JItM''''I provided Ja Secdoa 1004 of the Solid Waste DiIposalIv1. (42 use Sectioa 69(3) as -.-fed from time 10 time. j 25. I.IlWIII1IIl ~ LtzwiI tlt'Regu/IIIiIJtu-AIIy aDd aD appIkable lawI. ruIcI, ler~. ord"~, codea, lad orden of III)' lad aD JOft&..-a bodies, aaeaca, 1UIborida, lad c:aartI bma& jariIdic:doa. 26. LIaI-OJarga, sec:urily Iaraacs, or eacambraDca apoa Project ftmds, real property. or pcnoaaI propeny. 00700 - 7 27. MikI10M-A priDcipal eveat specified ill Cbe CODtrId Documents relating to an inlernv-Aille comple- tion dare or time prior to SubstaDdal Completion of all tbe Work. 28. Notice of Award-The wriaea DOtice by OWNER to the apparcnl successful bidder Sladag lhal upon timely compliance by the apparent successful bidder with tbc conditions precedent listed therein, OWNER wiD sign and deliver the Agreement. . 29. Notice /0 Proceed--A written notice given by OWNER to CONTRACTOR fixing the dale OD which the Contract Tunes will COIIUIICIICC to nul aad on which CONTRAcrOR shall start to perform tbc Work under the Contract Doaunenu. JO. OWNER-The individual. endr:y, public body, or authority with whom CONTRACI'OR has eate:red iDto the Agreement and for whom the Work is to be performed. 31. Paniill Utili.z.atkm-U~ by OWNER. of. substan- tially completed pan of the Work for. the purpose for which it is inrended (or a re1ated- purpose) prior to Substantial Completion of aU the Work. 32. PCBs-Polychlorinated biphenyls. 33. Ptm71eum-Petrolcum, iDcIudiDg crude oil or any fraction lbereof which is liquid It ItaDdard CODditioas of ~1IUIe lUId pn:aure (60 degrees Fabreubeit aad 14.7 pouads per IQUII'C iad1 absoIute)..1Udl u on. petroleum, . fuel oD, on Ilucf&e, aD retu.. psoliDe, b:mseae, ad oil mixed wid1 otber DOll-Hazardous Wure IDd crude oill. 34. PmJ<<:t-1be IOCII COIIIUUctkla of wbida die Wort ID be performed UDder cbe CoaInct Dc,. ~...~u . may be die wboJe, or . pan a may be fndbred eJaewben Ja Ibe CoaIrac::t 1>-.....-.. 3'. Proj<<t JIGnuQI- The b&aId tlnctlftV'ftf.~ iDf'ormatioG prep.ed for biddiaa lad COIISIr1ICdDc Cbe Wort. A IisdDg of die comeau of die ProJecr MamaaI, which may be bouad in ODe or more volumes, is coataiDed Ja die table(1) of r.onfftUl. 36. RtlditJtICtitM Mi1terUIJ-saurce. apeciallIIICIeIr, or ~ lIIIfCriaIa.defiDed by die Afomic Eaeqy ~ of 1954 (42 use Secdoa 2011 et seq.) u ,1J.IeIIded from lime to dme. , 37. RaIMnt ProJ<<t RqruDrlllllw-1be audIorized rcp~ of PMJINEIm wII9 may be --pod to die Site or III)' pan cbeRlof. 38. SDmples-Physica1 examples of materials, equipmem. or workmaDsbip dW arc representative of some portion of the Wort aod which establish the sWJdards by which such portion of the Wort will be judged. 39. Shop Drawings-All drawings. diagrams. illustra- tions. scbcdu1es. and other data or information which are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Sileo-Lands or areas indicated in the Contract [)ocuments as being furnished by OWNER upon which the Work is to be performed. including rights-of-way and easemeDlS for access thereto. and such other lands furnisbed by OWNER. which are designated for !he use of CONTRACfOR. 41. Specijic:atiollJ- That pan of the Contract Doc:ulr"" CODSistiD& of writteD teChnical descriptiODS of materials. equipment, systems, staDdards. and wO~lInmip as applied to the Work and certain admiDisttalive details applicable thereto. 42. Subconlractor--An individual or entity baving a direct coDlract wilb CONTRACTOR or wilb any olber Subc:oDlraCtOr for the performance of a pan of the Work at the Site. 43. SubstontUJl Completion-The time at which the Work (or a specified pan tbaeof) has progressed co the poiat wbcre. in the opiDioD of ENGINEER. die Work (or . specifiecJ pan Ibereof) II suftidaIdy complete. ill accordaDcc.widI die CoIdrKt ~, 10 dIIllbe Wed (or a specified part IbeIeof) em be utiJi'PecJ for the puIpOIICI for wIIid1 It II ialeDcW. The tamS -~tty COdI(b- ad .~"tilllty compLotecl. U Ipplied to aD or part of the Wcxk refer to SubstaDdal CompIetioD thereof. 44. SupplemellUU1 ConditiolU- That pan of the CoI:1Inct [)ocunIenN which ameads or supp1emeats these 0aIen1 CoadWoas. 4'. Supplitr-A manufacturer, fabricator. supplier. distributor, IDIIeriaImaD. or veador baviD& . direct ~~ with CONTRAcroR or wish allY Subcoattactor to fumisb mataiaIs or cquipmeDt to be iDcoIporarccl in die Wort by CONTRACfOR ~ ~ SubcoatracUX. 46. Un4ergrolln4 FtIdJitla-AD uaderpouDd plpeliDes. coadt.IitI, ducU, c:ablcI, wka, maaboles, vauIu, WIb, CUDIICII, or ocber sudI facilities or attD~, ad my ~. cont.lnhtc such facilidel, IDcb"'htc dIOIe IbIt caJVey eIecttIcily, pes, steam. liquid petroleum prodUCU. telcpboac or ocher communications, cable television. water. wastewater. storm water, other liquids or chemicals. or traffIC or other control systems. 47. Unil Price WoTt-Work to be paid for on the basis of unit prices. 48. Work-The entire completed construction or the various separately identifiable paIU thereof required to be provided WIder the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation n~cessary CO produce such constnlCtion. and fumisbiog, iosWliDg. and incorporating aJJ materials and equipmem into such construction. all as required by the .Contract Documents. 49. Wolt Oumge Directive-A wntlellstatemcDt to OON1RACTOR issued on or after the Effective Date of the AgrecmcDt and signed by OWNER and recom~ by ENGINEER orderiDa an addidoo.. deletion. or revision in the Work. or respondiDa CO differiDI or unforeseen subsurface or physical coaditions UDder which Ibe Work is CO be performed or CO emergencies. A Work Change Directive will not change the CODttaCt Price or the CoDtracl Tunes but is cvidcDce that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequcndy issued Change Order following negotiations by the parties as to its effect, if any. on the Contract Price or Contract Tunes. SO. Writtell Nnen4ment-A wriUeD statenv'!"t IIlOdifyiD& die Comract !)oM"""-. IIped by OWNER aDd CONTRACI'OR OIl or aftec Ibe ~ Dare of the AgtccIIXIIl mI DODDIIly deaIiDg wiIh die ~ing or DOIIf<<'lInftl radIer dJaa stricdy ~ upccu of die CaattIct J)oeIIIIII'ftb. 1.02 Tmnino/DD A. InltnI of Cenoin Terms or .Nljectivu 1. WbeDcver in die Coattact DocumeDlI die tenDS -u allowed.. -u approved,. or terms of lib effect or import arc used, or the adjecdves -reuoaable, · -suitable,. -IICCepC&bIe,. -proper, - -sadsfadol)',. or adjecdw:s of Ib effect or import arc urecl to deIcribc an Idioa or de&ermiaadaIl of ENGINEER. to die Work, it is iafentWllbat such ICdoIL or dctamiDadaIl will be IOldy 10 ewIuate, Ja aeaenl. die ~ Wodc for ~liIIIce with die reqW~ of ad iDformadoG ill Ibe CoaI:nct ~~ mI caaformaDcc with die daip coacept of cbe completed Project as . ~.. wbole IS JbowD or p.d~ted ill die CoattId Docn~ (UDless cbcre II. spedfic IUteIDeDt Indntlng 0Cberwisc). '!be 00700 - 8 , use of lID)' such ram or Idjcctiw: sbaU DOC be effective to wilD to ENGINEER lID)' dury or autborily to supervise or direcc the perforawx:e of the Work or lID)' duly or IUthOrity to undertake respoasibllily conuuy to the provisioas of paragraph 9.10 or lID)' ocbcr provision of the Conttact Documents. B. Day 1. The word "day. shall constitute a calendar day of 24 houn measured from midnight to Ibe next midnight. C. Defective 1. Tbe word "defective,. when modifyiDg Ibe word "Wort... refers to Work that is unsatisfactory, faulry, or defacieal in that it does DOt conform to the Coalract DocumeIllS or does DOC meet the requiremeatJ of any impectioa. refereac:e 1tIDdard, fal, or approval referred to in the Coattact JloeIImMlfI, or bas been damaged prior to ENGINEER's recomJIIaJdatio of fiDaJ payment (unless respoasibility for Ibe procec:doD dlereof bas been assumed by OWNER II Substautia1 Completion in accor- daDce wid! paragraph 14.04 or 14.05). D. Furnish,lnstDll, Perform, Provide 1. The word "furnish,. when used in COODediOD with aervk:el, mat.eriaJa, or equipment, shall mean to supply and deliver IIid services, DWeriaJI, or equipment to cbe Site (or some ocbe:r specified ~tioa) ready for use or inllt.lll1.l1tion and in usable or operable condition. 2. The word -iDstaIl, - wbea used in connec:don wid1 acniceI, mareriaIs. CII' equjpmeat. IbaII mean to put inro use or pIIce ill fiaII posidoD said IlniceI. 1Ufcriab, or ~ ClCNIIpIdf ad ready for Int-'ecf DIe. 3. The words -perform- or -provide, - wbea used ill COIIIICldimt willi renica, mataiaIs, or equipmeat. IbaD mean to fiInUIb and iascaU aid aervica, materials, or equipmeut complefe ad ready for infalded use. 4. Whal-f'umisb. - -iastaII. - .perform, - or .pro- vide" is DOt used in c:oanecdoD with acrvk:a, materials, CII' equipmeut In I coatal dearly requiriDg In obliptioa of CONI'RAcroR, .provide- is Implied. B. UnJea ItIrcd ocbenrise m die Coattact Dcx-.lM-.U, words or pbrues whida bne . wcIl-boMl t-.hnftt or COIIIUUCdaa fadusay CII' bde -"w an used fa die CaIIracI I)oc.ll"uf" fa ICCOI'daDce wida IUda ncopizecI _n"'t. 00100 - 9 ARTICLE 2 - PRBUMINARY MA TIERS 2.01 Delivery of Bonds A. When CONTRACTOR deliven the executed Agrecmenls to OWNER, CONTRACTOR shalJ also deliver to OWNER such Bonds IS CONTRAcroR may be required to furnish. 2.02 Copies of DocumenJs A. OWNER shall furnish to CONTRACTOR up to ten copies of Ibe Coatract DnCII-rtI. AdditioaaI copies will be furnished upon request II the cost of reproduction. 2.03 CoftllMncemelll of Contract 'lima; Notice 10 Proceed A. The CoDttlCt llIDeI will c:om~ to nm on the thir1ied1 day after rbe Effective Dare of die Agreement or. if a Notice to Proceed is liveD. on the day indic.fed in the Notice to PRx:ced. A Notice to Proc:eed may be pea at ID)' time witbJn 30 days after the Effective Dare of the Agreement. I.a DO evem will the Conttacc Tlmes com~ to nm later than dIe.ixriecb day after die day of Bid opeuiDg or Ibe thirtieth day after die Effective Date of the Agreemem, whichever date is earlier. 2.04 Stoning 1M Wolfe A. CONTRACTOR sba1l stan to perform die Work on die date when die Comrad Tuna commeDCe to nm. No Wort IbaII be cIaae It die Site prior to the date on which die CODIrICI Times c:om~ to nm. . 2.05 Be/t1re SlIInbrg 01MtnIcti0n A. Q)Nl&4croR~ RnIew t1/ 0lnnIrct ~.' IJefCR UIIdenatiD& eIda parlof Jbe WOIt. CONTRACI'OR . sbaI1.c:mefuUy.IbIdy....l'lOIDpUe die CoaInct I)oe.tln"",.CI IDd c:bect aod wrify ~ fi&ura Ibada and aD applicable field 1IIeUU&~.. CORTRACI'OR IbaD promptly report in wridDa to ENGINEER lIlY coatIict. envr, ambiaukY, or cIiIcrepaacy wbida CONTRACI'OR may diIco\u and IbaI1 obcaIn . wriaca 1ntapreeIdaa. or cIarificadaa from ENGINBBR befcR procmR. wIda III.)' WclIt decred dIeRlby; 1IoMv<<, CON'l1lACTOR.aIIIII DOt be IiIbIe 10 OWNER 01' ENOINEEll for failure to n:pad lIlY ~fllcI. cmx', 1IIIbf&aIIJ, or dJIC:I~/1D Ibe CcImct DoMin.,.. aaIca CONTRACI'OR blew or reasoaably ~~bowa~. I' B. I'reIbrdtuuy St:MtJuIa: W'dIdD tal days after die Etfecdve Dare of die Apeaaem (uaJcp odJenriIe IpCCi.&d iIllhc Geucral ~), CONTRACTOR shall submit to ENGINEER. for its timely review: I. a preliminary progress schedule indicating the times (numben of days or dates) for starting and completin& Ihc various stages of the Work, including any Milestones specified in the ContraCt DocumentS; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submiuing, reviewing, and processing such submittal; and 3. a preliminary scbedu1e of values for all of the Work wbicb includes quantities and prices of items which wbeD added together equal the ColUrKl Price and subdi- vides the Work into C:OmpoDCDt parts in sufficient detail to serve u the basis for progress paymmll during perforDUlDCC of die Work. Such prices will include an appropriate IIDOUIIl of overhead and profit applicable to ead11taD of Work. c. Evidence of Insurance: Before any Work at the Site is started. CONTRACTOR and OWNER shall each deliver to die odIer, wi1h copies to each additional insured idenlified in the SupplemeDW)' Conditions, certificateS of insurance (and otber evidence of insuraDce which either of them or any additional insured may reasonably request) which CONTRACTOR aDd OWNER respectively are required to purchase and mllintllin in accordaDce with Article S. 2.06 Preco1Ul11lction Conferena A. WidIiIl20 days after die Coatnd TUDeS scan to lUlL, but before any Work at die Site is 1tII1ed, . coafermce ~ by CONTRACI'OR. ENGINEER. and ocbaI as 1ItP~ will be heJ4 to aDbIiIh . wadda& UIIdcnIaDdia& ..... tile.... as to tile wart _ to cIIIlmI tile ~w refem4 to ill paragraph 2.05.B, pk~ for Jlpndlhtg Sbap DrawiDp ad odIer 1UbmiaaIa, procetartg AppUcatioas for Paymeat. aDd mllintllin'.., rcquirecl RCOrds. 2.f11 /niIUJl AcceptII1ICe of Sdr.edIIla A. UDIaI otberwise provided in die Contract Docu- maa, II least tell days befcxe submisIioa of Ibe flllt Applicadoa far PaymaIl . CClIIfcraIce I~ by CON- TRACTOR. ENGINEER. aDd adIaIas ~ will be bdd to review for acceptabiIily to ENGINEER as provided below tile fCbedt...... submitted ill ~ wid! paraanph 2.05.8. CONmACTOR dIaD_ ...~ tal cfayI to .... comc:doaI aDd adjusemalCl ad to compIefe ad IaubmIl tile ~_. No pqtaI paymaIl sbaII be made to CONmACTOR uadl accepcable scbccMeI are IUbmiacd to ENGINEER. 00700 - 10 I. 1be propas schedule will be acceptable to ENGINBER if it provides an orderly progression of Ibe Work to c:ompletion wichiD any specified MUestoDCS md the ContraCt T'UDCI. Such accepWlCC wi1lllOC impose on ENGINBBR. responsibility for the progress schedule, for sequCJK:iDg, scheduling, or progress of die Work nor interfere with or relieve CONTRAcrOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop DrawiDgand Sample submittals will be acceptable to ENGINBER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule of values will be .acceptablc'to. ENGINEER.as to form and substanCe if it provides a reasonable allocation of die Contract Price to c:olllpODCDl parts of the Work. ARTICLE 3 - CONTRACf DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents arc c:omplcmenwy; what is called for by one is as biDding as if called for by all. B. It is the iDrem of the ContraCt DoclIm~ to describe a fuDctioDally complete Project (or pan thereof) to be consuucted in accordance with tbe CoIIUICl Document-. Any labor, cSoet.--.~ services, materiaII, or equipmeDl Cbal may rasoaably be lDfened from die Comrad Docu- meatI or fIoIq pzevaWac CUSfOID or trade 1IIIF II beiDa required to produce die in''''"''''''' rauIt will be provided wbI:dIer ar DOt ~caDecl for 11110 teJditWud COlt 10 OWNER. c. Carifkatinntl..'aDd'.iIderpreUtioDs of die Coottact 1)oaJ!""'-"f- sbaJ1 be issued by BNGINBBR u provided in Article 9. 3.02 Reference St4ndtud.r A. SIilndIutb, SpedJiCtllions. Coda, LawI. ond Regu/4lions I. RefCIaICC to 1tIIIdards, ~~ mlllt"III., or codes of Ill)' cecltnv-.aI JOCiet.Y. orpnlYIIMn, or aaodItinl\ or fD Laws or ....... wIIaber sada ~CRIICC be specific or by ~ IIaaII meaD die ICIDdard. spcci1icftJol\. "'1I111a!, code, or Laws ar Regula- tions ill effect II die time of 0('"'1", of Bids (or OR die Effec:dve Dare of cbe ApeemeDt If tbae were 110 Bids), t excqx as may be otherwise specifically scaled in the Coatract Doc:umems. 2. No provisioa of lID)' such SIaDdard, spccifation, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR. or ENGINEER, or any of their subcoDlractors, c:oosuItams, agents, or employees from lhosc set forth in cbc Comract Documents, nor shall any such provision or insttuclion be effective to assign to OWNER, ENGINEER, or any of ENGINEER's CODSultaDlS, agCDlS, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority 10 undertake responsibility inconsistent with rhc provisions of the CoIllraCt Documents. 3.03 Reporting and Ruolving DiscTepondu A. Reporting DiscrepDlfCia I. If. duriDg die pcrfOl'llllDCe of die Work. CONTRACI'OR diacow:n III)' coaf1icc. error, ambiguity. or disaepaDcy widdn tbe Coattact 1)ot,'U'elttS or between tbe Comract 1'Wot.- and lID)' provisioo 0( any Law or ReguIalioa applicable 10 rbe performance of tbe Work or of any staDdard, specificatioa. mam&alor code, or of any insttuclion of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shaD DOt proceed with tbe Work affected rhcreby (except in 811 emergeucy as required by paragraph 6. 16.A) until m a~ or supplemeat to rbe Coattad Dt-IIN!Uts has beea issued by ODe of Ibe mechoda indicared ill panarIIIb ~.04; pnMded.1Iowwc, ... CONTRAcroR IhaIl DOt be liable to OWNER or BNGINBER for failure 10 repon lit' IUda -*J~ error, ambiguity, or dis- uepaacy aaIca CONTRACI'OR blew or reasoaably IbaaId haw 1aIawn.1benxJf. B. Raolving Disc:rqNDrda 1. EIcept as may be odIenrise specificaDy stared in the .CoattacI Dt-~. die provisioas of the CoattId ()oc.I1..-... IhaII .. pr-'-acr in raolYiq III)' coamcc. error, ambiguity, or ~y bc:twua Ibe proviIioas of the Coattact Dt-"""IIII aDd: L die provisioas of Ill)' sraadard. ~ficadoa. --t~ code. or IDsu1icdoa (wbedIcr or DOlspecifi- ca1ly ~ by mercacc in ebe Coattac:t ~.....); or b. cbe provisioas of III)' LaM or RquIadoaa appIicIbIc 10 cbe performaace of Ibe Work (uaIca sada . iDrapecadoa of ebe proviIioas of rbe CoaInK:C I)orIm.. would n:suk fa WUdoa of such Law or ReguIadoa). 00700-11 3.04 Amending tZ1Id SupplemenJing Coli/Tact Docwnell/S A. The Conuact Documcars may be -mended to provjde for additions, deletions, and revisions ill the Work or to modify die Ie1'1IIS and condilioos thereof in one or more of Ihc following ways: (i) a Written Ameudmem; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the ConlraCl Docwncnts may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of Ihc following ways: (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (Hi) ENGINEER's written interprelalion or clarification. 3.05 Reuse of Documell/s A. CONTRACTOR and any Subc:oDlraccor or Supplier or odIcr indiYiduaI or eadty performiag or furDishias my of the Work UDder a direct or indirect CODlraCt widl OWNER: (i) shall DOl have or acquire my tide 10 or owaership risbrs in any of the DrawiD&s, SpeciflCatioas, or other IWII~I (or copies of my thereot) prepared by or beariDg the sea1-of ENGINEER or ENGINEER 's ~tant. iDcluding elecaoaic media edilioas; and eu') shall DOC reuse my of such Dra~ings, Specifications, other documents, or copies thereof on exrensioDS of the Project or any orher project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive fiDaI pa)'1DeD!. completion. and aa:eptaDCe of !be Work. or termiDation or completion of lhe CoDlraCt. NothiDa beJein ahaII preclude CONTRACTOR from ptain"'a copiel of Cbe CoIdnct Dnt:'1~ for IeCOrd purposes. ARnCLB" - AVAILABILITY OF LANDS; SUBSURFACS'AND'PHYSICAL CONDmONS; RBPERBNcs POINTS 4.01 Awzi14bility of Ltwb A. OWNER shall fumUb Cbe Site. OWNER JbaII DOtify CONTRACTOR of any eacumbraacca or resuidioas DOl of paenllpplicadGa .. specifically related 10 use of Ibe Site nil wbicIl CONTRACTOR IIWIt comply in perfCJnlllD& die Work. OWNER will obrIiD ill . timely IIIIIIIIeI' UId pay for c___ for ~ ICIUC:CureI or penIIIIIeIIl cJaIDaeI in exam" t.cnidel. If OONTRACJ'Oa UId OWNER are IIIIIIrIe to.. ell oI!l.,,;~ to... dae ,~ or--. if -., of III)' Idj1JCCIDeaf ill dae CoaIrIct Price or CoaInct Tuaa, or bodl. . . result of lIlY delay in OWNER', funaisbiD& die Sire, CONTRACI'OR may make . Calm 1beref'or . proYidecf in pangnph 10.05. B. Upon m,soaable wriaaa request, OWNER &ball furuish CONTRACTOR with. curreal statement of record legal tide IDd legal description of the IaDds upon which the Work is to be performed and OWNER', interest thereiD as aec:essary for giving notice of or filing a meebsnic', or consuuction lien against such lands iD accordance with applicable Laws aDd ReguJatioas. C. CONTRACTOR sbaI1 provide for all additionallaDds and access thereto that may be required for temporary consuuetion facUities or storage of materials and equipment. 4.02 SubsuTjQCe tmd PhysicDl Conditions A. Reports tmd Drawings: The Supplemenwy Conditions identify: I. those reports of explorations aDd tests of subsurface coaditions at or contiguous to the Site that ENGINEER has used iD prepll1iDg the Conuact Docu- mealS: aDd 2. those drawings of physical conditions ill or reJatiDg to existing surface or subsurface ,tnJdW'eS at or contiguous to the Site (except underground facilities) Ibal ENGINEER has used in preparing the Contract Documents. B. Umittd Relia/lu by CONI7UCI'OR on Technical DaUJ AlIIhoriztd: CONTRACTOR may rely upon the 1eaen11CCUr1CY of the -teclJnito.a} data- CODtaiDed ill such reports aDd drawiDp, but such reports aDd drawiDp lie DOl CoaInd I)ocamenn. Such -feChft;"~ daIa- is ideDrlfil'ld. in 1be Supplemearary CoDditioas. ~ for such reliaace on suda -~nI daIa. - CONTRACTOR. may DOt rely upaa or make III)' Oaim apiDIt OWNER. ENGINEER. or III)' of ENGINEER'. ~ widl respect to: 1. the compJeteaeta of audl reporu ad drawiDp for CONTRACTOR.', purposes, iDclucfiDg, 1m DOt limited to, my aspec:lI of the meIDI. mdbods, cec:Imiques, sequeaca, aDd procedures of CODSll'IIdioD to be employed by CONTRACIOIl, aDd safety precautions aod programs iI1cident thereto: or 2. otber dara. iDtapreWioas. opiDionl, and iDfOl'lDllioa ccnaiDed ill audl reportI or sbowD or j,ldv-...M in rudl cIrawiDp; 01' 3. my CONTRACI'OR ~ of or coac1uiP drawD 110m 1II1.~1 da. or III1IUCh ocher data. iDIapretadoas. opiDioaI, 01' iDformllfinl'- 4.03 Differing Subswface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such . nature as to establish that any -tcehnicaI dataW on which CONTRACTOR is entitled to rely as provided iD paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change iD the CoDlract DocumeDlS: or 3. differs materially from that shown or indicated in the ContraCt DocumeDts; or 4. is of an UIJUSWllILllUre, and diffen materially from conditions ordiDarily enc:ountered 'and lenerally recognized as iDhereDl in work of the c:haracter provided for in die Contract DocumeDtl: dJCD CONTRACTOR shaUl promptly after becoming aware thereof aDd before further cfisturbiDa die subsurface or physical conditions or performiD& aD)' Work in cmmectioD therewith (except in an emergeocy u required by paraaraph 6.16.A), notify OWNER aud ENGINEER. in writiD& about such condition. CONTRACTOR shall DOt further disturb such condition or perform any Work in coaaectiOD therewith (except as aforesaid) UDIil receipt of written order to do so. B. ENGINEER " RevIew: Afwrec:eipt of writteD DOtice II requiIed by parIIfIPh 4.03.A. ENGINEER will promptly revtew die perdDaIt CODIJItIna. determlDe 1be neceaky of OWNER'. obCaiDiq ldditMaal exploradon 01' tall wid1 Iapect Ibereto, ad advise OWNER In wrkiDa (wida · copy to CONTRAcroR) of ENGINBBR'. fInd~ aDd coadusioas. C. . 'Polsibk Price and TimeI AdjustmmU 1. The CoDttact Price or cbe CoDttId ramca. or both. will be equitably adjustecl to the aIeDt that. cbe emteace of such differlDa subsurface or physical condition causa aD iDcreuc or decreaIe in CONTRACTOR', COlt of, or time required for, perfor- IDIDCC of cbe Work; subjec:c. boweva', to die foUDwiD&: a. such CCDJitfnn must meet III)' ODe 01' mOre of die catelora dcscribecI in parIInPh 4.03.A; and , b. wi1h respect to Work chat Is paid for oa · Unk Price Basil, my IdjuaCmealln CoatrICt Price wUl be subject to cbe proYisloas of pananpba 9.08 aDd 11.03. 00700 . 12 2. If ENGINEBR. c:oac1ude1that a chaop in the CoDttIct DoclI~ iI required. . Work n..nr DiRlcIM 01' a a.aaae Order wiD be IuuecI 10 reflect aad dcK",...~ such couequeDCeI. All equitable ad,justmeat IbaII be made III die CamnICt Price of CcIaInct 'I1meI. 01' bolla. ID die -- .... die)' 1m aadburable to die .. ~ 01' ~.of." U.....-.II Pdity .... ~ was DOt.sIIowD 01'. Wdbted 01' DOt IbowD 01' IM;~ted ". wida.RMOaabJe .,.~.. -":f Ja Ibe Comnct ))nt-..--ts aDd dW CONTRAcroR did DOC blow of ad could DOt rearoaably haw been opected 10 be-.ware of or 10 haw ~ecI If OWNPR aDd CONmACI'OR are UDabJe 10 apee OD I!fttitlemem 10 or on die arnor.mt or eXfCltt, if my. of aa,y such ~ In ComrIct Price or Comnet rUDel. OWNER 01' CONTRACJ'OR may make a Claim IberefOl' . pl'OYided ill pangraph 10.05. 4.05 ReJerena p~ . A. OWNER ~ prvride ~ IUn'e)'I 10 iltablilla rd'ermce poiDrI 101' COIIIIIucdaa wbida ill EN61NEER'. ~ 1m neceauy to cuble CON- TRACJ'OR 10 proceed widI die Wort. CONTRAcroR IbaII be rapoaslble far Jayiaa Gal die Wort. aIIIII pIUfeCt ad praene die ~1isbecI refercace ,om ad property 00700 - 13 ~ 2. CONTRACTOR IhaU DOC be catitJed 10 III)' adjustllleDt in the COIIttId Price or COIlUaCl TUDeS if: a. CONTRACTOR Ia1ew o( the exisreace o( such conditioas al the time CONTRACfOR made a fmal commiClDeDlto OWNER. in respect of Coouact Price and Coab'Ia TUDeS by the submission o( a Bid or becoming bouDd UDder a negotiated CODb'aCt; or b. the existeoce of such COnditiOD could reasonably have been discovered or revealed as a result of any eJAminlltioo. investigation, exploration, test, or study o( the Site and coDtiguous areas requin:d by the Bidding Requiremcnrs or Comract DocumeDls to be coJlducted by or (or CON- TRACTOR prior to CONTRACfOR '5 makiDg such fmal commitment; or c. CONTRACTOR faDed to give the wriaea notice witbiD the time and as required by paragraph 4.03.A. 3. I( OWNER and CONTRACJ'OR are unable to agree on entitJemeIU to or on the amount or extent, jf any. of any adjustment in the Contract Price or Contract Time., or both, a Claim may be made therefor as provided in paragraph 10.0S. However, OWNER, ENGINEER, and ENGINEER's Consultants shall DOl be liable to CONTRACTOR for any claims, costs, losses, or dam8ges (1Dcluding but DOC limited to all fees and charges of ~-..., arc:hitec:rI. attorneyI, and otber pro(f'!Hinnltl. ad aU coun or arbittadoa or other dispute resolution COllI) IUItaincd by CONTRACI'OR on 01' in CODIIeCtiOD wid1 aD)' ocber project or IIIdcipated project. 4.04 Underground FtIdlitln A. ....... ",ln4iaItC..n.e iaIormItiaa and cWa.abow or w..aect III die CoaIncc Dt-""eIICI .wiIIa respect.fO aiJtIna UnderJrouud FICilities ., 01' CCladpous to die Site. . II based on iDformatioD IDd data fumisbed to OWNER or ENGINEER by Cbe owaen of such t1Ddergrouad FICilities. iac1udiDa OWNER, 01' by oCben. UaIea it is.ocbawiIe apreuly provided in die Supplemenwy Coaditions: I. OWNER ad ENGINEER shall DOC be fe8JJOG:I1bIe for die ICCUI'IC)' or compIercuea of my such ialormadoa or data; ad 2. die COIl of ... of die loUowiag will be Iacluded ill die Colmer Price, ad CONTRACTOR IhaU Jaaw fidI rapoasibiIity for: J L rmewiac aDd "'-"~ all IUCb int'ormatioa and data, b. I<<.tias aU Uaderground Facilities shown or indicaced in the CoDttlCl Documeats, c. coordination o( the Work with the ownen of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any damage thereto resulting from the Work. B. Not ShlJwn or IndicaJed 1. I( an Underground Facility is uncovered or revealed at or c:oatiguous 10 the Site which was DOC showo or indicated, or DOt shown or indicated with reasonable accuracy in the Contrad Documents, CONTRACTOR shaU, promptly after becomiD& aware thereof and before furCber discmbiDa condidons affected thereby or perfOl1lliDg any Work in CODIHlCtion therewith (except in an emergmcy IS required by paragraph 6. 16.A), idendfy tbe 0WDer of such UoderJrOUDd Facilily and give wriueu notice to that 0WDer 8Dd to OWNER and ENGINEER. ENGINEER will prompcly review the Underground Facility and ctetermiDe Ibe eXIeIU, if any, to which a change is required in the Contract Documenrs to reflect and document the c:onsequences of the existence or location of the UDdergrouod Facility. During such time, CONTRACfOR shall be responsible for the safety 8Dd protection of such Underground Facility. monUIDCnts, aDd sbaI1 make DO chaD&es or relocations without ~ prior wrineo approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any refCl"CDCC poiDl or property IIlODUIDCDl is lost or destroyed or requires relocation because of D<<~$lIry cbaoges in grades or locations, and shall be responsible for the accurate rcplacemeDl or relocation of such reference points or propcny monumeDls by profcssiooally qualified personnel. 4.06 Hazardous Environmenral Condition oJ Silt A. Reports aruJ Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition idcDtified at dJc Site, if any, Ibat have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Umiltd RelUznce by CONJ"RACTOR on TechniCDl DaJa Aulhori:.td: CONTRACTOR may rely upon the geueral accuracy of Ibe llcedJt'ieaJ data- COIdaiDed in such reports md drawings, but such reports and drawiDp are DOt Coauact DocumentS. Such lltecbllical data- is ideDliflCCl in ~ SupplemeDWy CoDditioos. Except for such reliaDce on such "feit'.h"it-~ data. ~ CONTRACTOR may DOt rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completeDCSS of such reports and drawings for CONTRACTOR'. purposes, including, but DOt limited to, my aspects of tbe means, methods, u:cImiquea, sequeoces md proc:.edures of coDSttUCtion to be employed by CONTRACTOR and safety precautioos ad programs iacidcP Iberefo; or 2. ocher data. iDrerprdadoas, opiDioas aad iDfonaadolL connln.M ill such repodI or ahowD or 1wfiroII'~ iIlauch drawia&I; or 3. any CONTRACI'OR iDteIpretatioD of or c:oac1usioD drawu &om any Mf<<hnit-..al data- or any such 0Cbcr data., imerprctatioas, opiDioas or information. c. CONTRACTOR sbaI1 DOt be lapoDSible for any Hazardous EDviroameDW CoaditioD UDCOVerecl or revealed Ii die SiIe whkh ..DOl ~ or iwf;".."'" in Drawings or Speeifrltinas or ideDriMd ill die CcDract J)ocumenflli to be widIiD die scope of die Wort. CONTRACTOR sbaU be rapoosibte for a Hazardous EavilooJII--~.bI Condirinn created wich my materials brought 10 Ihe Site by CONTRACTOR. Sa~bacson. Suwlim, or ~ cJsc for wbom CON- TRAcroR is lapoasible. D. If CONTRACTOR aJCOUDt.en a Hazardous EavL(NWV'IIf.sl Coocrlfinn or if CONmACI'OR or myooe for wbom CONTRACfOR Is RIpOIISibIe crata a Hazardous EoviroDlDCDlll Condition, CONTRACTOR shall im~_ ately: (i) secure or otherwise isolate suc:.b condition; (U) stop all Work in coDDCCtion wilh such coadition aDd in any area affected thereby (except in an emergeDC)' IS required by paragraph 6.16); and (Iii) DOtify OWNER aDd ENGINEER (and promptly thereafter coofmn such DOtice in. wriiiag). OWNER sbaI1 promptly coasult with ENGINEER cxmc:cmiDg the aec:essity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR sball DOt be required to resume Work in connection with sucb condition or in any affected area until after OWNER bas obtained any required permits related thereto and delivered to CONTRACTOR written DOtice: (i) specifying that such condition and any affected . area.is.or.hasbceD rendered safe for tbe resumpciao of Work; or (il) specifying any special conditions under which such Work may be resumed safely. If OWNER and . CONTRACTOR canDOt.agree as to eDlitlemelll to or on the IIDOUDl or extent, if any, of my adjustmeDt in CoaIract Price or Conttact Tunes, or both, as a result of such Work st0p- page or such special conditions UDder which Work is agreed to be resumed by CONTRACTOR., either party may make a Claim tberefor as provided in paragraph IO.OS. F. If after receipt of such written notice CONTRACTOR does DOt agree to I'CSUIDe such Work based on a reasonable belief it is unsafe, or does DOt agree to resume such Work UDder such special cooditions, then OWNER may order tbe portion of the Work tbat is in the area affected by such CODdition to be deleted from the Work. If OWNER and CONTRACTOR c8DDOt agree as to eDlitlemall to or OIl die I"\OID or ataIl, if any. of an adjust:lrnt ill CcDnct Price or CoaIract TDDeI as a result of deletiD& such portion of Ihe Work. tbaa eidI<< party may make a Calm therefOl' as providecllD paragraph IO.OS. OWNEll may ha\'e such deIcced pcxdoD of die Wort perfGrmed'by OWNER'. own-torca 01' adaI ill KCOrdaDce widl Article 7. G. To the fullest elleDl per1Diaed by Laws aDd ReguIarioas, OWNER shall indeIIIDify aad bold banDless CONTRACTOR., SubcoDlracCorI. ENGINEER. .ENGINEER'. CoDS'JI..n,. aDd the off"1cen, cIirecIon, parUlen, employees, ageDll, ocber CODSUltaDU, aDd subc:oattacton of each aDd any of them fromaad agaiDst all claims, costs, losses, md damaaca (Wufittg but DOt IimiIed to an fees md c:Iw'Ja of ~, arebiMfoft, 1IIfDIDeYI, ad other profeaioaaJl md aD court or arbitradoa or oCber dispute raolutioJl costS) arisiDe out of 01' reJmac to a Hazudoas EaYiroa~~ CoPd~ prorideclu" sucb ~ ~.I CmJ~. (i) was DOt sbowIl or . ill the DrawiDp or Specificadoas or Ideadfied ill Ihe Coattxt I)oc:umenfIID be iDcludecJ wid1iD Ibe scope of die Wort, aad (d) was DOt crated by OONTRACTOR. or by aayODe for wbom CONTRACTOR Is respoasible. NothiDs 00700 - 14 J - in Ibis paragraph ".06.E IbaII obligate OWNER 10 iDdelDDify any individual or aJlity from ad apiast lbc coasequeoces of that individual', or entity', own IICgligCDCe. H. To rhe fullest extcDt permitted by Laws and Regulations. CON'I"RACTOR Ihall iDdcmoify aDd hold baImIcss OWNER. ENGINEER, ENGINEER', CousuItaDts, and cbe off-'cen. cIim::ton. panuers. employees. agents. olbcr CODSU't:mts. and subcoottacton of each aDd any of lhem from and apinsc aU claims. costs, losses, and damages (including but DOl limited to all fees and charges of engineers, arcbiledS, attorneys, and other professiooals and all coun or arbitration or Olber dispute resolution casU) arising OUl of or relating 10 a Hazardous Environmental CODdilioD created by CON1'RACI'OR or by anyooc for whom CONTRACTOR is responsible. NodUng in this paragraph ".06.F shall obligate CONTRACTOR to iDdcmnify any individual or entity from and apiDsc die c:oasequeaces of that individual's or entity's own IICgligCDCC. I. The provisioDS of paragraphs ".02. ".03. and ".04 are DOt inCCDdcd to apply 10 a Hazardous EnviroDJDCDlal Condition WICOVered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE ; 5.01 PetjormtUlCe,Paymen/, and D/Mr Bonds A. CONTRACI'OR shall furnish performance aDd paymeD! Boads. each ill an IIDOUIIt at Ieut equal 10 the Coaaw:c Price as IeCUrily for die faidIfu1 perfOl'llllDCe IUd payIDeIII of aD CONTRAcroR'1 obIipdoas UDder die CoJmct ~. 1bae BoadIIbaII remain ill e1fecc at lcue UIIIU ODe year after die dare wbea fiDIl pa,yJIICIJI bec:oma due, eucp( as provided ocbenriIe by Laws or RT1-- or by dae CcIaInct Dor-...~.,. CONTRAcroR IhaII 8110 funUab I1Icll oda.Boads as are required by die Comract Documeata. B. AD Boads abaIl be in the form prescribed by the Coauacc Documears a:cepc u provided odIcrwise by laM or R.,I~ aad IbaIl be executed by such JUreties as are DIIDCld ia die cunaIl" of -eon,p.nlet HoIdia& Certi&area of AudIority .. AccepcabIe Sureties GO Fedenl Boads and as AccepcabIe ReiDSuria& CompanieI- as pub1isbed in Cin:uIar S70 (.~ by die PiDIaciaI t.f~ SaYice. Surety Boad Bnach. U.s. l)cputmtu of die Trasary. All Boads sipecI by ID ageullllUll be accompanied by . certifJeCI copy of IUCI& .....1UdIorily to ICL C. If die suray 011 IIJf Boad fiuDisbed by CON- TRACTOR is cfeclaRd baabupt or beoonIeI iasolveal or iU rigfIl to do busiaca II tcrmltutofld ia III)' Itare wbere III)' part of die Projed II Ioc:at.ed or it ceases to meec die RqUiremeau 00700 - 15 of paragraph 5.01.B. CONTRACTOR shall within 20 days Ihcn:aftcr subsdcute another Bond aDd surety. both of which sba1I comply with d1e n:quiremcnls of paragraphs 5.01.B aDd 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents 10 be purchased and mainlaincd by OWNER or CONTRACTOR shall be obWncdfrom SW"Cly or insurance . companies lhal are duly licensed or aulhorized in the jurisdiction in which the Projecl is localed 10 issue Bonds or insurance policies (or the limiu aDd coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in lhe Supplementary .Conditions. 5.03 CenijiClltu of Insurance A. CONTRACTOR shall deliver to OWNER. with copies to each addidoaa1 iDsuted idcntifaed in the Supple- memary Coaditioas. certificates of insurance (aad odJer evidence of insuraDce requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and mJlintJlia, OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions. certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other addiliooal insured) which OWNER is required to purchase and mAintJlin, 5.04 CONTRAeroR's Liobilily InsurQIICe A. CONTRACI'OR IbaII purchase and m.intJlin such liabilir1 and 0Cber iasuraDce.. is appropriate for die Work beiDa performed and as. will provide prof~ fmm daimI let forth below wbida may .arise out of ex' IaaIt from CONmACI'OR'I performiace of die Wort IDd ~NmACI'OR'.. ok" obIipin- UDder. die eomr.cc 1>---.., wbcdJer it .is to be performed. by CONTRACI'OR. my Subccmtracror or Supplier, or by IIl)'OIlC clirecdy or iDdirecdy employed by Ill)' of cbem to perform my of die Work, or by anyoac for whose ICU ID)' of diem may be liable: l. claims UDder workers'compeasatioo. disability balefiu, IDd odJa' similar employee balefit acu; 2. claims fex' ~m~es because of bodily iDjwy, occupacioDaI Iicbcu or disease. or deadI of CONTRACTOR'. .employeea; f' 3. claims for damages beet.1St of bodily injwy, sictDels or disease, or deada o~ III)' penoa ocba' dwl CONTRACTOR'. employees; 4. claims for damages insured by reasonably availablc pcrsoaal injury liability coverage which are sus- caiDcd: (I) by aD)' perIOD u a result of aD offcose directly or iDdired1y relaled to Ihe employment of such person by CONTRACTOR, or (ii) by any other person for any other reason: s. claims for damages, other than to the Work itself, because of injwy to or destruetlon of tangible property wherever locaaed, including loss of use resulting therefrom: and correcting. removing, or replacins defective Work in accordance with paragraph 13.07: and 7. with respect to completed operations insurance, and any insurance coverage writtCn on a claims-made basis, remain in effect for at least two years after fmal payment (aDd CONTRACTOR shall fumisb OWNER and each other additional insured identiflCd in the Supple- mcnwy Conditions, to whom a certificate of insurance bas been issued, evidence satisfactory. to OWNER and any such additional insured of continuation of such insurance at fmal payment and one year thereafter). 6. claims for damages because of bodily injwy or dcaIh of any person or property damage arising out of the 5.05 OWNER's UDbility Insurance ownership, maintenance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purcbasccl and ",~int~inl'.d shall: 1. with respect to iDsuraDCe required by paragraphs S.04.A.3 through S.04.A.6 inclusive, include as ldditj,1n21 iasureds (subject to aD.)' c:ustDIIWY exclusion in respect of professicmalliabUity) OWNE1l. ENGINEER, ENGINEER'. ConsultantJ, and any other individuals or aJIities ideDIified in the Supp1emenwy CoadiOODl. all of whom shall be listed as additional insureds. and include coverage for the respective officers, directors, partners, employees, agents. and ocher consultantS and sutx:onttactors of each and any of all such additional insureds, aad the insurance afforded to these additional insureds Jhal1 provide primarY coverage for all claims covered thereby; 2. iDclude at least cbe specific covcn&eJ aad be wriam for DOt lea dum cbe limiU of liability provided in die Supp1c:meaSar)' c..~ or required by Laws or ReJaIadoaI, wIlicbm:r II peatcr; 3. iDclude completed openDoas iDsuraDCc; . 4. include comraaualliability insuraDCe covering CONTRAcroa'. iDdeJnnity obligations UDder para- graphs 6.(11,6.11, aad 6.20; s. coaWn 1 provisioD or eadorsemeDt that the coverage afforded wiD DOt be caac:e1ed, mawially ch~ or n:aewal refused udal least thirty days prior wriaea DOtice bat beea pm 10 OWNER aad CONTRACI'Oa aDd to each cJCbcr additioaaI iDsured ideatiriM ill die SuppIc:mc:IIIIr Coad~ to whom a cer1ificatc of hmutlla .... bCea Iaacd (aDd die c:ca1ifaIa of iDsunDCe funiIbed by die CONTRACI'OR punuam 10 paragraph 5.03 will 10 provide); 6. remaiD in effect al least uad1 fiJIIl payIIICIIl aad at an times Ibereaft<< wbaa CONTRACTOR may be A. In addition to the insurance. required to be provided by. CONTRACTOR under paragraph 5.04, OWNER, at OWNER's option. may purcbaseand mAint~in at OWNER's cxpcase OWNER', own liability iDsuraDCe as will proteCt OWNER against claims which may arise from operations UDder the ConttaCt Docu.ments. 5.06 Property Insurance A. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insuranCe upon the Work at the Site in the amount of the full replaccmeDt cost thereof (subject to SUCh deductible amountS as may be provided in the Supplemenwy Conditions or required by Laws and Regulations). This insuraDCC sba1l: 1. include thc interestS of OWNER. CONTRAC- TOR. S~, ENGINBBR. BNGINBBR', CoDaultaDII, ad any odIer iDdividua1I or caddes idead- fled in tbc SupplemaJWY Ccmdi~, ad die officers, cIirec:ton, pmaen. employees. acears. ad otber ~ ID4 suIJcoDa;acfon of each ad IDY of diem. ada of wbom tsdeelJvd-1D have III iamnbIe Iaraat aDd abal1 be tiICecl as IIllCkJitinnal.iDsured; 2.M writteD 0111 BuDder', Risk -an-rist- or open perU or special causes of loa policy form dill sba1l at least include iDsunDce for phy,icallosl or damage 10 the Wort. r.emponry buiJtfifl&ll, fa1se WOJt. aDd marcria1s and equipmaIl in UIDIit. aad Jha1l insure apiDIt at kill die (oUowiD& perils or causes of loa: fire, Iigfimhtg, exf.eDdM c:ovenge, dleft. w.,maliaft and Jr'A1Wnus milcbw, eartbquab, c:oUapse. debris raaoval, demoUdoa ~ by eaf'orc:emad of Laws and Rcgulatioas. WIt<< damage, aDd such ocber peri1s or causes of loa . may be specifica1ly ICqUired by Cbe ~leIIIenb'Y ~; 3. iDelude expeuseI incumcI ill die repair or replacemcal of u.y InsuIed property (includiDI but DOt limited 10 fees aDd cbarps of eogiDeen aDd an:hItem); 00700 -16 4. cover mareriaJs and equipmeDlstorcd at the Site or at another locatioa that was agreed to in writm, by OWNER prior to being iDcorporatecl in tbc Work, provided thai such materials aDd equipment bave been iDcludcd in an Application for PaymeDl recommended by ENGINEER; 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until fmal payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, aDd ENGINEER with 30 days wrinen notice to each other additional insured to whom a cenifi- care of iusuraDce has been issued. B. OWNER sbaU pwcbase mI mJlnnQJ such boiler and mJII"Ji"",J)' iDsuraDce or additioaaJ propeny iDsuraDce as may be required by die Supplemeawy Coaditioas -or Laws and Regulatioas wbicll will iDcJude the interests of OWNER, CONTRACTOR, Subcoarracton, ENGINEER, ENGINEER's ConsultaDU, and any other individuals or entities identified in the Supplementary Conditions, each of wbom is deemed to have an insurable interest and sball be listed as an insured or additional insured. C. All the policies of insurance (and the cenificates or other evideJIcc thereof) required to be purc:hased and __itnn-t in accordance with paragraph 5.06 will CODtaiD a provisioIl or eadonemem cbat die covet8&e afforded will DOt be caaceW or mataiaI1y ~ or reaewaI refused uudllt kast 30 days priaI' writtal DOdce has beeD giveD to OWNER ad CONTRACI'OR'1IId to cacJ1 ocber addidoaa1 iDsanlcI to wbom . Cli&~ atlosw____ hu beeD issued ad will COIIIaIa WIher pvYisbIs ill IICCCXdaIIce willa JJIrIBI'IIil 5.f1I. D. OWNFA IbaII DOt be rapoasible f<<purcbasiaa ad. . m.lnt.m~ any propeny iDsunDce speci&cI iD Ibis' paraaraph 5.06 to prorect the imerests of CONTRACI"Oa. subcoatncrOn, or odIen ill Ibe Wort to the eJtfeDt of any deduccible amouats cbat are ideatified in the Supplemeawy CnncJitioas. The risk of Joss widUa such lM.ntifiM deducdbIe amoum will be borDe by CONTRACTOR, Subcomncron, or ocben lUft'eriDg III)' Iuch loa, aDd if any of them wisheI property iasurm:e c:ovenae within Ibe limits at such aDIOUIItI, ada may purdIase IIId __infllllD it It che purdIaser'. 0WJl ezpeDIe. E. If CONTRACI'OR requeIrI ill wrida& dial odaer speciII iaSUlldCC be indNed III die prop:rty IIIIunace poIicfa pnwided UDder pananpb 5.06, OWNER IbalI, if possible, iDcIude such Iasanace, IIId die COlt Ibaeof will be cIIIqed to CONTRACI'OR by ~ Qqe Order or Wriaal A~pIf!III Prior to com~ of die Work 00100 -11 at the Site, OWNER sbaU in writiDg advise CONTRACTOR whether or not such other insurance has been Procured by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR iDfeDd that all policies purchased in accordance with paragraph 5.06 will proccct OWNER, CONTRACTOR, Subcontracton, ENGINEER, ENGINEER'. Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the offieen, directon, p;u1DCrS, employees, agents, and other consultants and subcontnctors of each and any of them) in such policies and will provide primary coverage for all losses aad damages caused by the perils or causes ofloss covered thereby . All such policies shall contain provisions to the effect that in the eVeD! of pa)'D1Cllt of III)' 'loss 'or damage the insuren wiJl have DO rigbrl at recovezy against any of the iDsureds or additional insureds tbereuDder. OWNER aad CONTRAC- TOR waive III rights Ipinst each odIer aad their respective off'ICeII, directon, parttIerI, employees, ageats, aad other consultants and subcomracton of each and any of them for a1110sses and damages caused by, arising out. of or resulting from any of the perils or causes of Iou covered by such policies aDd any other property insurance applicable to the Work; and, in addition, waive all such rights against SubconttacfOn, ENGINEER. ENGINEER's CoosuItants, and all other individuals or entities idemif1ed in the Supplemen- tary Condirm to be listed as insureds or additional insureds (ad tbe officers, direc:ton, partDen, employees, ageuts, aud . 0Cber CODSUlIaDIs ADd subcoaIracton of each ad lIlY atlbem) UDder such poIicb for Ioaes IIId damaps 10 caused. Noue of die ~ wahaI shall extaId to Ibe rig&ta that any party m.lrI", soda waM:r may have to Ibe proc:eeds of IDsuraDce held by OWNER IS uustee or ocbawise payable uadct lIlY policy 10 iaued. . ~ B. . OWNER waMs'aB.rigba IplDst CONTRACI'OR, Subcoab:a1On; BNGlNEER,'BNGlNEER.'s Cnna'~.1IId the officcn, directon, partD:n, employees, ageats, ad ocher coasuJtaDts and subcomncton of each aaa III)' of them for: 1. loa due to busiaea inImupcioa. loss of U8C, or other c:onsequemialloa t'!ft~ifll beyoad direct physical Iou or Mm_. ro. OWNER's ProPenY or 1be Work caused by, arisiDc om of~ or resuJliDa frvm m or ocher perU wbedJer ClI' DOt iasured by OWNER; aDd 2. loa or m~ to the completed Project or part ~ daeo( c:aed by,lriIiaa GIll or, or .-wI", flam file ex' c+c iDsurecI peril ex' cause or loa COftI"ed by lIlY propcny iasurmce __Int.;~ 011 the completect Project or pan theRlDf by OWNER duriD& pardaI ntilw-cPw pursuaIJl to pmgraph 14.05, after &w~1 CompIedoa punuaDl to para,graph 14.04, or after fmal payment punuaDl to parapph 14.07. C. ~ iDsuraJXe policy m.inr.iN!Cl by OWNER. cover. ins IJlY loss, damage or consequcDlial loss referred to in paragraph S.07.B shall cooWn provisions to the effect thai in the eveDt of paymcDt of any such loss, damage, or c:onsequeotial loss, the insurers will have DO rights of recovery against CONTRACTOR, SubcontraCtors, ENGINEER, or ENGiNEER's Consultants and the officers, d.ircc:lOrs, partners, employees, agents, and other consultants and subcontraCtors of eacb and any of them. S.08 Receipt ond Application of Insurance Proceeds A. Any insured loss under the policies of insurance required by paragraph S.06 will be adjusted with OWNER. and made payable to OWNER as fiduciary for the insureds, as lbeir inreraU may appear, subject to Ibe requiremcIUS of" any applicable mortgage clause aDd of paragraph S.08.B. OWNBll ~ deposit in a scparase ICCOUIIlIII'J 1IIODe)' 10 receiwcl aDd sbaII distribure it in accordaDce wiSh such agree- meat as !be parties in iDlerest may readL If DO other special agreemcat is RarhM, the damaged Work shall be repaired or replaccd, !be IJlOI]eyS 10 received applied OIl accouDl thereof, and !be Work and the cost thereof covered by an appropriate Change Order or Written Amendment. of such party by the ContraCt 1)ocwDeDlI, suc:h party sha11 notify the other patty in writiq of such faUun: to purdwc prior to the stan of the Worle, or of such faUun: to ",aln.aln prior to any chan&e in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or iDsuraDCC to protect such other party's interests at the expense of the party who was required to provide such coverage, and a CwJge Order shall be issued to adjusllhe Contract Price accordiDgIy. S.IO Partial Utilization, AcJawwledgrMnI of Property Insurer A. If OWNER fmds it necessary to occupy or use a portion or portioDS of the Work prior to SubstaDtial Completion of. aU the Worle as provided in paragraph 14.05, DO such oscor oc.c:upmcy sball'comtnl'!tll".ll! before 1be insurers providing !be propertY iDsuraDce.-punuam to paracrapb S.06 ba\'e aclcDowIcdged aodce cbereof and ill wridDa effected any changes in coverage oecessitated tba'eby. Tbe iDsurers providiDg die property insunDce &ball CODSeDl by eadonc- meal on 1be policy or poUcJa, bul1be property iDsuraDcc shall DOt be canceled or permitted to Iapsc on accoum of any such partial use or occupaDC)'. ARTICLE 6 .; CONTRACTOR'S RESPONSmILITIBS B. OWNER as fiduciary shall bave power to adjust and ICtde any loss with die iDsurcrs unless ODe of the parties in 6.01 Supervision ond Superintendence imcrest sbalI object in' wridDa wid1iD IS days after cbe oc:c:urreacc of loss to OWNER's exercise of this power. If A. CONTRACTOll abaI1 supervise. iDspcct.aDd direct. such objection be made. OWNER u fitltviuy &ball m.ake !be Work ~..mty aDd efticieat'Y. dewJtiD& IUCh attePfnn acUIemcDt widl the iDSurerI ill accordaace wid1 such tberdO ad applyiDl such aIdDI aad ezpea1iIe as may be qrecmMlf U die parties in iafereat may reach. If 110 such aecasary to perform the Work ill ICCOIdaDce wId1 die apemaIl amaaa the pardes ill iaraat II ref("~ OWNER Comnct J>oc:umepn. CONTRACTOR IbaII be lOIdy as fiduciary sbaIlldjust aa4 seale die loa widl the iaIurcn rap...asibIe far Ibe __..medIodI. tedIaIqaeI. aequeaca. aad. if I~ ill wridDI by lIlY party ill iaraat. OWNER'" '- ...~ Gf"~ac:doa:,. -bat CONTRACI'OR IbaII as (Jduci,uy shall give boad for 1be proper performance of ,DOt be rapoasibIe:'for:tbe uegllr-- of. OWNER or such duticI. ENGINEER iIl.dIe .dcsip '.or. spec:ificI1ion of a apecific means,' metbocS. tedmique, sequcace, or procecIUIe of c:oastrUCdoa wbich is sbDwD or iDdu..'ed ill aDd cxprasJ.y RqUiRd by 1be CoaIrICl Dt-rtnI'.ftH, CONTRACTOR Iha11 be rcspoasibIe to see chat die compldcd Work complies accurar.c1y widl die ComrICt I>ocumcn'-. S.09 Acceptance of Bonds and llISIlrance: Option to 1lIp1Da A. If either OWNEll or CONTRACfOR Iw any objecdoD to the coverage afforded by or ocber provisioDl of die Boads or iDsurIDCC required CO be pun:buecI aDd ftI.;dfa;~ by the 0Iber puty in IlCCOI'daDce willa .Ardde 5 OIl 1be basis of aoa-coafOl'llllllCe wiIh die Coatt1d 1>ocuJrIMd1ll, the cqecdD& part)' Iba1lIO DOCify ~ ocber party ill wridD& widdD 10 days af'ta' recdpl cil dfe cerdfie-t- (<< odIec CYidc:aoe ~ requiIed by parIIfII* 2.OS.C. OWNER aDd CONTRACI'OR sbaD each provide CO die ocber such IdcrdWlsl iDforlllllioD III rapec:t of iasunDcc provided u die otber may reasoaably request. If eitber party does DOt , purdIIIe or _Innln aD of die BoadIID4 Iasuraace requiIed B. At all times duria& die prograa of. die .Work. CONTllACTOlllball aaip a compdaIl raidcDt aupedD- teDdeal tbcreto who shall DOt be npIaced widaoat wriUaa DOCice co OWNER ad ENGINEER exa:pt aadec ~ cJm.qn.,..-,. 1be ~ wiD be COramtACTOll', ~ II die Sire IIId shaD have authority co act OIl bebalf of CONTRAcroR. AD CO"""'~ pm fD or rec:ciwd from die ~bda""'" sbaD be biDdbJg OG CONTRACTOR. 00700 - 18 '.02 Lobor,' Worldng Roun A. CONTRACI'OR Ihall provide competcDl, suitably qualirJCCI penoDDd CO survey, lay out, and coastruct the Wort u required by the Coattact DocumcDlS. CON- TRACTOR shall at aU times mllinfllia good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Wort or property at the Site or Idjac:ent thereto, and except as otherwise slated in the CoDttaCl Documcnrs, aU Wort at the Site shall be performed duriDg regular worIdDg hours, and CONTRACTOR will DOt permit overtime work or the perfol1lWlCC of Work on Saturday, Sunday, or any legal holiday without OWNER's wriltcD CODSeDt (which will DOl be unreasonably withheld) livCD after prior wrillCD DOlicc to ENGINEER. 6.03 Services, Materials, an4 Equipment A. UnIca olberwise specified in the General Re- quiremeDU, CONTRACI'OR Iba1I provide and assume full respoasibilily (or aU services, materials, equipment, labor, Il'lIDSpO!UdoD. CODSlrUClion equipmcm aDd mSlI'.hi~, tools, appliaDccs, fuel, power, liJbt, heal, telephone, water, sanitary facilities, temporary facilities, and aU other facilities and incidentals ~ssuy for the performance, testing, stan-up, and completion of the Work. B. All materials and equipmcm incorporated iDro the Work IhaJl be u specified or, if DOl specified. Ihall be of lood quality IDd DeW, except. odIerwise provided in the Ccmnct nnr..~, AD WUI'IIIIiCI IDd JUII'IIIIeeI specificaDy caUecI for by tbc SpecificadoDs IbalI apressly nm 10 tbe beac& 0( OWNER. If zequired by ENGINBER. CONTRACTOR IhaII f'IImiIfl ~ evideace (iDc1nll, npxu of nquiIed 1eIII) as to tbe source. tiDd. aDd quality of materials &ad eqaipmaIL AD materiaIIlDd . cquipIIIeIIllbaII be IfOn:ICI. applied. iDstallecl. CODDeCted. erecred. prorecred. used. cleaned. IDd COIIdilioDecI in KCOrdaace with instructioIII of die applicable Supplier, except II otberwise may be provided in die ConInct Docu- meats. '.04 Progress Schedule A. OONTRACTOR sbaII adhere 10 1be JIIOII'CII tcIJed-.", escablisbcd in ICCOrdmcc wida paragraph 2,(11 II k may be Idjusced from lime to time II provided below. I. OON'IRACTORIbIIlIUImk to EHGINEIm fcJr ICCepCIDCe (to die extaII 1nK....ec1 in pII'ICrIpb 2.07) proposecIldjustmeau III die propaI tcbcclak dill wU1 lICIt rauk ill r.h~ Ibe Coarncc 'J'iaa (or ~). Such IdjusUDeafl will COlIform JeaenJly 10 1be propaI ICIIecI* dial In effect ad IIIdidoaaDy will comply wid! 00700.19 any provisions of the General Requirements applicable theretO. 2. Proposed IdjUSlmCDlS in the progress schedule that will chanse the CoDttaCt Times (or Milestoocs) shall be submitted in ICCOrdaDce with the requiremCDlS of Article 12. Such adjUSlmCDlS may only be made by a OwJge Order or Written Amendmcot in accordance with Article 12. 6.05 Substitutes and "Or-Equals. . A. Whenever an item of material or cquipmem is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or. description is intended to establish the type, function, appcaraocc, and quality required. Unless die specification or descriplion cnm-inc or is foDowed by words readiIJIlhat DO like, equivalent, or .or~w item or DO substitution is pcrmiaed, other items of material or equiplllelll or material or equipmem of other Suppl~ may be submitted to ENGINEER for review UDder the circum- stances described below. . 1. "Or-Equal- Items: If in ENGINEER's sole discretion an item of material or cquipmem proposed by CONTRACTOR is functionally equal to lbat oamed and sufticicady similar so lhal DO c:hangc in related Work will be required, it may be considered by ENGINEER u an .or-equalw item. in which cue review and approval of die proposed item may, in ENGINEER', sole disc:relion., be ICCOmpli.sbed without comp1iaDce widllOlDe or all of the requiremeota for IppIOYIl of proposed substitute items. For die purposes of dIis paragraph '.OS.A.I, a proposed item of material or equipmaIt will be c:oasidered t1mr.tfon.ny equal to an item 10 aamecl it: LiDdle emdse of reasoaable jt~ ENGINEPR defamiaes. tbat: (i) it kit least eqUIl in qua1ity , durability, lIppCU'IDCC. IttCIJICh. IIId design cbaracteristica; (ii) it wiq reliably perform It least cqual1y. weD the fuoctioa imposed by die design coacepl of die completed Project u a fcmclioaiDs whole, aDd; b. CONTRACI'OR c:enifies that: (i) tbere is DO iacreae ill COlt to Cbe OWNER; IDll (Ii) it will coaform 1UbIramiaIJy, CVCIl wid! deviadoas, to die detailed ~ of tbc item IIIIMCI in Ibe Coatract l)twon...,...,.. ,. 2. Substitute IIDIII L U ill ENGINEER's. dis=Cioa III item of material or equipmem proposed by CONTRAcroR docs DOt qaa::ry as ID *or-equal- Item UDder paragraph 6.OS.A.l, it will be coasidered I proposed substitute item. b. CONTRACTOR sball submit sufficient infcxmatiou as provided below to allow ENGINEER to dctenniDe chat the item of material or equipment proposed is essentially equivalCDlIO tha1 aamed and aD acceptable substitute therefor. Rcquesu for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. c. The procedure for review by ENGINEER will be as set forth in paragraph 6.OS.A.2.d, as supplemented in the General Rcquiremcnu IDd as ENGINEER may decide is appropriate under the circu.mstaDCeS . d. CONTRACJ'OR shaI1 first mke written application 10 ENGINEER for review of a proposed substitute ilem of material or cquipmem chat CONTRACTOR sects to fumiIh or use. Thc application sball cenify that the proposccl substitute item wID perform adequately the functioas IDd achieve the resulu called for by the general design, be similar in substance to that specified. and be suited to the same use as that specified. 1be application will state the extent, if any, to which the use of the proposed substitute item will prejudice CONTRACTOR's achievement of Substantial ComplelioD OIl time, whether or not use of the proposed substitute item ill chc Work will require I chaD&e III any of die Caanct DcJcuIrnb (or ill die provisioas of III)' ocher direct CODInCt with OWNER for wort on tile Project) to adapt die daip to dJe f'1'OpOICCl IUbIdtute item ad wb:dIer or not IacoIpcndaa or use of die ~ d.d(.otI!.ifem in ~ wilbdle WOIt Is sabject to paymeal of III)' Jicense fee or I'O)'Ilty. AU wriadoDs of die pr0- posed substitute item from Ibat specified will be ideatifWoA in the applicaaioD.. aad available ~, sales, mllintofl!ftllflt".e, repair, aad repJacelrnf serviceI will be ..a-~ed. The application will also CODtaiD III iteD'17~ est;lII.lI(e of all COSU or creclliI thaa will result direcdy or iIJdi- reedy from use of such .1UbsdIure item, iDcludiDg COllI of "'81' aad daimI of oda ~adOn afJec(ed by III)' rauIdD& cbaD&e, an of wbidI will be CCIIII~ by elGINEER ill emlllf~ die proposed rubsdCufe it=. el~ may requiIe CON- TRACI'OR to furDisb IddidoaaI cIaCa about die pr0- posed IUbsUtute item. B. SubstittM 0JtuInI/:IlDft JleduJds tJr l'r<<e4ura: If a specifIC meaDI, mcdIod. fCCbDique, acqucace, or procedure 01 coasuucdaa Is IbowD ar IPcJleMed ID ad aprealy 00700 - 20 required by the Contract DocumcDlS, CONTRACTOR may fumish or utilize a substlt\dC meaDS, med1ocl. reclmique, sequence, or procedure of CODSUUdion approved by ENGI- NEER.. CONTRACTOR aha11 submit sufficIent iDfomwion 10 allow ENGINEER. in ENGINBER', sole cli.scrctioo. 10 decermiDc thai tile substilUte proposed is equivalent to chat expressly called for by die ConInd Documents. The proce- dure for review by ENGINEER will be similar to that provided in subparagraph 6.OS.A.2. C. Enginetr', EVDllI/IIion: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submiual made pursuant to paragraphs 6.0S.A aDd 6.OS.B. ENGINEER will be tile sole judge of ac=ptabllily. No "or-equal- or subsCitufe will be ordered, installed or utilized until ENGINEBR'. review ~is complete, which will be evideD("ed by either a ChaDge. Order for a substilUte or an approved Shop DrawiD8 for ID "or equal. - ENGINEER will advise CONTRACTOR in writiDg of lilY negative determination. D. SpeciQ1 Gu/uQnlte: OWNER may require CON- TRACTOR to furaish at CONTRACTOR's expease a special performaace guaraaree or other surely with respect to any substitute. E. ENGINEER', Cost Rtimbunemenl: ENGINEER will record time required by ENGINEER and ENGINEER's CoosultaDU in eva1uatiD1 substitute proposed or submitted by CONTRACTOR pursuant to paragrapbs 6.OS.A.2 aad 6.OS.B aad ill maIr:iDa "h.... ill tile Coattact DocnftlMlb (or in the provilicms of any otbcr direct coattaCt wid1 OWNER for work oa. the Project) oce.sP-' tbereby. WbtAber or DOt ENGINEER appmWlI . aubIdmre iraD 10 proposed or I1Ibmia&ld by CONTRACI'OR, CONTRACTOR. Iba1I reimbane OWNER far chi c:IuqeI of BNOINEBR ad . BNGJNEEll'.'06u-d.&IIIIID.evaJmdIn& each auch poposecI subadIate. P. CON1'BAa'OR'I Expense: CONTRACTOR sba11 provide aD data ill support of any proposed substiIUte or "'or-equal- at CONTRACOOR', expease. 6.06 0JncenrJng SIIbconJradon. SuppUers, DII4 Otlltn A. CONTRACTOR sba1I DOt employ any SuIJc:'oDInaDr, Supplier. or oda iDdiYidua1 or aIlily (mdudiD& diose ICCepCIbIe to OWNER . Ir'ito-l~ ID pII'III'BPb 6.06.B), wbdber iDIdaDy ar _ . repllcemea<<..apiaIt wbom OWNER may ~ raIClGlIbJI! ob.jec:CbL CONTRACTOR sbaIlDOC be JeqUiIed to employ any ~ICt<<, Supplfcr, or odI<< iadiolidual or eadly to fundIb or perform any of die Wort agaiDsl whom CONTRACTOR blllaSOIIabJe obJectioD. B. If Cbe SuppIemaIWY Coadidoas require die ideatity of CCI1IiD SubcoattIcfOrI, Suppllen, or ocber IadlviduaIs or \ A. CONTRACTOR shall pay aU 1iceme fees aad royalties and assume all costa iDcideDt to the use in che performauce of the Wort or the iDcorporatioo in the Wort of any invention, design. process, product, or device wbich is che subject of pateDt rigbrs or copyrights held by ochers. If a particular invention, design, process, product, or device is specified in the CoDtracc I)ntoIlmems for' use in che performauce of the Wort.. if to the lIdUal kDowIedp of OWNER or ENGINEER ill use Is IUbjectto parem riaJda. or copyriabra caIJiDa for die payIDaIt of lIlY Iiceme fee or royalty to odIcn, die emtftlCe of such rJabts IbaII be disclOlled by OWNER ill die Caancc 1)oo....~CI. To die D. CONTRACTOR IbaII be IOIe1y rapoasibJe for fuDat areat pemdIted by LawI .... ReaaJadoas, ~"hwa ad caardiDIdD& die Wort of ~--. OONmACTOR,.:IbaU" 1ncJt...~.I(y ad IdS IImaJea SuppUen, ad odIer IDdividuaJs or eaddes performilla.or. '. ~:ENGINEER,."ENGINBER'. Cnnm"......" ad rbe fUndsbIac lIlY 0( die Wort UDder a direcc 01' iDdirecr c:oab~ ..'- oflicen.~diRc:ron.. .par1DCn...mrpJoyeeaor 1pDII, ad ocber wid1 CONTRACTOR. coasultaDII"of eadl"1ad lIIlY of"tbem from aDd apJnJt aU claims, com. 1osseI, IIId dwm.,.(iacJudJbc .. DOt IimIfed '10 aU fees IIId charpI of ~n, udaitecu, ~,Iad ocber profeaioaaJs lad' aU coan or arbIttadoa or ocher dispure raoIudoa costI) 1riIm, out of or ~ to aD)' ial'riIJaemem of... ripta or copyrigID ~ to die use ia die perfOlDllDCe of the Wort 01' P'tVI""I from the iaccxpondoo ill die Wort 0( lIlY iDveadoa. cfesip. proc:aI, produce. or device DO( ~ ill rbe Coattact ~~. eadde:s 10 be aubmitrcd to OWNER ia advlDCle for IiCICCpWICle by OWNER. by a specified dare prior to the Etrecd\'e Dale of the Asreemeu, . if CONTRACTOR bas submitted a list rbcreo( in accordance wich die Supplementary Conditions, OWNER', KCeptaDce (either in writiac or by failing to make wnaco objecdon thereto by rhe dale iDdicated (or ac:cepc.ance or objectioD in the Biddiq Documents or the Coatract Documents) of any such Subcoolractor, Supplier, or ocher iDdividual or entity so idcDdficd may be revoked on Ihe basis of reasonable objection after due investigation. CON- TRACTOR sball submit an acceptable replacement (or the rejectccl SubcoDlractor, Supplier, or other individual or eudty, and che Contract Price will be adjusted by the differ- eac:e in the cost occasioned by such replacemem, and an appropriate Cwlge Order will be issued or Written ,,4.lIU'!IVfrnMlf signed. No accepwx:e by OWNER of any such SUbcomractor, Supplier, or other individual or entity, wbetba' iDitiaIJy or as a repJacelDCDl, sbaIJ constitute a waiver of lIlY rigbI of OWNER or ENGINEER 10 rejecl . defective Wort. C. CONTRACTOR shaIJ be fully responsible to OWNER. and ENGINEER. for aU acts and omissions of the SubcoDtracfors. Supplien, and other iDdividuals or entities perfOl'JDiD& or fumishina any of the Work just as CONTRACTOR is responsible for CONTRACTOR', own acts aad omissions. Notbing in rhe Conttact 1)ncI1~ sba1J creaIe for the beDefit of any such SubcoDttactor. Supplier, or otber individual or eadty any CODb'actUaJ relationship between OWNER or ENGINEER and any such SubcoDttaCtor, ~ or other indivicIua1 or entity, mr sbalI it create any ~.~-~~MOM&or~GOODto~or to.see to die paymeat of any maaeys due any such Subcoa- tncroI', Supplier, 01' 0Cber JndiYidua1 or eadty except u may ocberwise be RqUired by Laws_Regulations. E. CONTRACI'OR sbaI1 RqUire aU Subcoattadon, SuppUen, lad IUdl otber individuals or enddea perfOl'llliaa or fiIrDiIILIDa any of die Wort to communicate widl ~GI. NEER Ibrougb CONTRACTOR. P. Tbc divisioas IIId -cioas of die SpeciflCldoas lad die 1&o.nt1fito-aioal of any DrawiD&J JbaU DOC CCdIOI CONTRACTOR ill dividiDc Ibe Wort IIDOD& Subcomracton << Supp&n or .w~ die Wort ID be performed by any spedfic rrade. G. AU Wort perfcxmed for CONTRACI'OR by a ~... 01' Supplier will be panuaar to ID IpprOpriafe agreemeal betweeD CONTRACTOR lad rbe Subcoattactor 00700 - 2J or Supplier wbic:b lpClCifac:aJJy binds lbe Subc:on!nctor or Supplier 10 Cbe applicable terms &lid CODd1tloaa of the Contract Documents for the benefil of OWNER and ENGINEER. Wbeaever Ill)' such agreemeDt is wich a SUbcoDUactor or Supplier who is listed u an additioaal insured on the property insurance provided in p&ragraph 5.06, the agreement between lbe CONTRACTOR and che SubcoDUaclor or Supplier will contain provisions whereby the Subcontractor or Supplier waives aU rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and aU otber individuals or entities identified in the Supplementary Conditions to be listed as insureds or additioaal insureds (and the officers, dirccton, partners. employees. ageDIS. aad other coasultanrs and subcoDttacfors of each and any of them) for aU losses and damages caused by. arising ow of. relating to, or resulting from any of the perils or causes of loss covered by such policies and any . other property insunDce .:applicable to the Wort. If the insurers on Ill)' sucb policies require separate waiver forms to be signed by Ill)' Subcomractor or Supplier, CONTRAC- TOR will otaiD die same. 6.01 PalenJ Feu DNl RoyaJlie.r 6.08 PermJu A.' UDIea odIenri.te provided ill die SUpp~.,. ~itioas. OONTRAcroa. IbaU ~ ad pIf foe aD coamuctioa permIu ad Ikaua. OWNER IIWl assist CONTRACI'OR, wb:a ~uy, ill obcainiD& IUdl permits aDd Uceoses. CONTRACTOR shall pay all govel"DlDCata1 charges and laspecdoa fees ~e'lsary for Ihe prosecution of tbc Work wbic:b are IppUcable atlbc time of opcaiD& of Bids. or. if there are DO Bids. OD Ihe Effective Date of Ihe AplCmcat. CONTRACTOR shall pay all charges of utility owoers for C()IIIJl:dioas to the Work. and OWNER sball pay all charges of such Uli1ity ownen for capital costs related thereto. such as plaDl investment fees. 6.09 Laws and RegulaJions A. CONTRACTOR sball give all DOticeS and comply wilh all Laws and Regulalions applicable to the performance of Ibe Wort. Except wbere oIherwise expressly required by applicable Laws aDd Regulations. ueither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance wilh any Laws or Regulations. B. If CONTRACTOR performs any Work kDowiD& or haviq reason to bow that il is coaUU)' to Laws or ReJUladoDs. CONTRACTOR sba11 bear all claims, c:ostI, losses, IDd "lIm~ (mcludiD& but DOt limiIecl to all fees aDd cbarJes of eagiDeers, an:bitec:U, aaomeys, and other professloaals and all COW1 or arbitration or other dispute resolution costs) arising out of or relatiDg to such Work; however. it shall Dot. be CONTRACTOR's primary responsibility to make cenain that the Spec:ificatioos and Drawin&S are in accordance with Laws and Regulatioos. but dIis sba11 not relieve CONTRACTOR of CONTRACTOR's obJi&adoas UDder paragraph 3.03. C. Cumges in Laws 01' RegulaUoDS DOt known at the tilDe of GpN'h1I of Bids (or, on Ibe Bffecdve Date of the ~ Ifdae wae DO Bids) haviD& ID effecC CIl die COIl or time of pedonnaace of die WOIk may be die tubject of ID ~ III Camnct Price or Cadracl 'I'im:I. If OWNER aDd CONmACTOR~ anabJe to... al~ to or oa .. ..,.., or cxr.em. If -.y. of all)' sada adj...,.ma a Calm may be made IbcRfor IS povided in paraaraph 10.OS. 6.10 Tau.r A.CONTRACTOR shall pay all sales, CCJDSUJDCf, use, UMI ocber .1miIar taXa required to be paid by CONTRAC- TOR. in accordaDce wid! cbc Laws and legalalioas of the place of die Project wbidl are applicable during the perfOl1lllllCe of the Work. 6.11 Vie of Site tmd Other MeIIS A. Llm/lIlIIoII 011 Vu oJ SlIt tINl 0tMr NtIU 1. CONTRAcroR IbaIl confiDe coascrucdOD cquipmad. die atorIP of mata'iab ad equipmeDl. and Cbe apendOaI of worbn to die Site ad ocber areu penaJaed by Laws ad Rep!adoal. aad shall DOt UJU'CUODIbly eacumber Ihe Sice aDd ocher areas with CODSuucuon cquiplDCDl or olber materials or equipmem. CONTRACTOR shall assume full responslbUity for any damage to any such land or area, or to the owner or occupaDl lhereof, or of any adjacent land or areas resulting from the performance of the Work. 2. SbouJd any claim be made by any such owner or occupaDl because of the performaacc of Ihe Work, CONTRACTOR sball promptly settle wilh such other party by DCgoliatiOD or otherwise resolve the claim by arbitration or other dispute resolutioD proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR sball indemnify and hold barmless OWNER. ENGINEER, ENGINEER's ConsulWlt, and the offu:en, direc:fors, pannen, employees. apse and ocher c:oasultalds of each and any of tbem from and against aD claims. costs. losses, aDd "lIlftl11p (mcludiDa but DOl Jimiled to all fees and charges of ~, arebitN"ft. auomeys, and ocher professioaa1s and aD court or ubittltiOD or ocher dispute resolution costs) arising out of or reJatin& to any c1aim or actiOD, legal or equi!abJe. brought by any such 0WDeI' or occupanr against OWNER, ENGINEER. or any otber party indemnified hereunder to the extent caused by or based UPOD CONTRACTOR's performance of the Work. B. Remowzl of Debris During peifomlJl1lCe D/tM Woric: During the progress of the Work CONTRACTOR shall keep the Site and otber area free from acCUDl,tllItinml of waste materialI. rubbish. aDd ocher debris. Remowl and disposal of sud1 wISfe materiaII, JUbbish. ad ocher debris sbaII COD- form to applicable Laws and Regu1adoal. C. Oanlng: PrIor to Su1Jst-ri.I. CompIdioD of die . WcdCON11tAC'I'OR..IbIIl.delll1be Sire _1IIlIb 1l!C8dy for 1ItI'mtWI by OWNER. At tbe comp1edoD of tbe Work CONTRACTOR sbaII.rcmove from tbe Site aD IDOla. appJiaDcel. "C:ODSU1JdiOa equipment aDd m,.,.-b~, and surplus materials aDd shall restore to origiDal coadilioa all property DOl designated for alcentiOD by die CoDtt3Cl Docu~. D. Loodilll SlrucIuru: CONTRACTOR abalInocload nor permit any part of any SUUCtUIC to be loaded in any III8IIIICr tbat will eDdaDaer die 1CI'UdUrC. nor sbaII CONTRACTOR. aubjcct any part of die Wort or adjaeeal ~ to auesses or pressures chat will cat-.er it. 6.12 R<<ortllJoctJmenlS , A. CONTRACTOR sbaII Inllinttlin in . safe place at cbe Sire one record <<IVY of aU DrawiDp. Speclficldoas. AddaJd.-, WriaeD Amer"'m4'!ftf,J. Oqe Orden. Work 00700 - 2.2 Qumge Direcciw:s, FJeld Orden, &.ad writteD iDcerpretatioas &ad c:Iarifadons in good order &.ad anDOtI!ed ro Ibow c:haqcs made duriDa CODS1rUCliOD. These: record documents together with all approved Samples and a COUDtcrpart of all approved Shop Drawings will be available ro ENGINEER for refercoce. Upon completion o( the Work, these record ~Jmt'!II", Samplc:a, and Shop Drawings will be delivered ro ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shaU be solely responsible (or iaitWiDg. m2in'lIining and supervising all safety precautions &.ad programs in CODDCCtioD widl the Work. CONTRACTOR shall take all neassary precautions (or the safety of, IDd shall provide the necessary protection to preveDt damage, injury or loss to: I. all persons OD the Sice or who may be affected . by the Work; 2. all the Work IDd materials and equipmcat to be incorporated thereia. whether in storage on or 0(( the Sice; &.ad 3. other property at the Sice or adjacent therero, including trees, shrubs, lawns, walles, pavements, roadways, sttucturcs, utilities, and Underground Facilities not desigaated for removal, relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applicable Laws aad Reguladoaa reIadua to dJe safety of penoas or ~. or to die pI'Ofecdoa of perIODI or propetty from tbm.. iDJury. or loa; aDd shall aect IDd m.int.in all DOmAl)' 1Il...ud1 for IUdl lIlety IDd procecd.oa. OON'lRACTOR"1IOCif;y 0MIeII of J4j1Call pR)peIty IDd of tJadeqrouod FW!i1itV!f IIIlI ocher udJiIy 0'MIeII wbea ~ of Ibe Wort may affect diem. ad IbaII coopente '. with Ibem in Ibe protectioa. removal, moc-moa. ad replac~1DeDI oflbeir property. AD ~r, iqjUIy, or Iou to my property referred to in paragraph 6. 13.A.2 or 6.13.A.3 CIUIed. direcdy or iDdirecdy, in wbole or in part, by CON- TRACTOR. my Subc:oaIracror, Supplia', or my ocher iDdividua1 or catity cIiRcdy or iadirecdy employed by any of Ibem to perform Ill)' of die Wort. or aayoae for wbote leU III)' of Ibem may .be liable, Iball be Rmedied by CONTRACI'OR (excepc tb"'9' or loa IUribuubIc to die fault of DmviDp or Sp-Jfqtiom or to Ibe acts or omiaiaas of OWNER or ENGINEER or ENGINEER'. Coo- IUJraar, or myODe employed by Ill)' of diem. or aayoae for wboIe IdSill)' of diem may be liable, aDd DO( Ittribafable, direcdy or iadirec:dy, ia wboIe 01' ia pan. 10 die fauk or ae"~ of CONTRACI'OR 01' lIlY SubcoaIncr.or, Sapp6er', or odIer iadivicfua1 or eadly diRcdy or iDdir=ly employed by any of Ibem). CONTRACI'OR'. duda aDd 00700 . 23 respoasibiJitic:s (or lIf'ety IDlf for pRXeCdoa of Ibe Wort IbaU continue until such time II aU the Work 11 completed IDd ENGINEER bas issued a DOtice to OWNER. IDd CONTRACTOR in accordauce with paragraph 14.07.B that the Work is acceptable (except II otherwise expressly provided in coancctioD with Substantial CompletioD). 6.14 Safety Repruenrative A. CONTRACTOR shall designace a qualified and experieaccd safety representative at the Sice whose duties aod responsibilities sball be the prevention of accidents IDd the maintaiaiag and 'supervising o( safety precautions and programs. 6.15 Hoz.ard CommunicDlion Programs A. CONTRACTOR sbaIl be responsible for coordinllri"l any excbaDge of materiaI-safety.cIara sheers or other hazard commlJDicatioa iaformatioa required to be made avaUable to or excbaaged betweea or amoaa employers at the Site in accordaDce with Laws or Regulations. 6.16 EfMrgencies A. Ia emergencies affecting the safety or protection of persons or the Work or property at the Site or adjaceat therero, CONTRACTOR is obligated ro act to prevCDt d1reateDed damage, injury, or 1011. CONTRACTOR sball give ENGINEER prompc writtea notice if CONTRACJ'OR believes that any sigoificaot c:haugcs in the Work or . variations from the Coattact Ot-J'1IeIWI bavcdbeeu caused thereby or are required .. a result thereof. If ENGINEER. determiDes dIat a dwJ&e In die Coattacl I)t-IIIIeDfI is required becau~ of Ibe action tabD by CONTRACI'OR in respoase to such .. ~"Y, a Work CIaage Directive or n....,. Old<< will be iaued. 6:'17 . SIuJp Drawings an4 Sanpla A.CONTRACTOR sba1l submit Shop Drawiap to ENGINEER for rmew IDlf appronl in accordance widl the acceprable scbedule of Shop DrawiDp aad Sample submiaals. AJlIUbmiuals wiD be ideadfied u ENGINEER. may require aDd in the IIUIIlber of copiel specified In Ibe GeaeraI Requiremaars. The data. shown on Ibe Shop . DmviD&s wiD be compJere with rapeca to cpllllltitia. dimaa- .ica, specified performaace IIId cbip crireria. mareri.Ib, IIId IimiJar cia 10 Ibow ENGINEER dae scntca. materiaII. aDd cquipIDeIIl CONTRACI'OR propotea to provide aDd to aJIbk ENGINEER to miew die iaformadoa for rhe limited JMIIJN*I mpdmI by paDgnpb 6.17.8. ,. B. CONTRACI'OR IbaII also IUbmil SampJa to ENGINEER lor .mew aDd IpprO\'IJ iii ICCOrdaace widllbc ICCeptIbIe lCbedule of Shop DrawiDgJ md Sample IUbmittals. Each Sample will be identified clearly as to material, Supplier, pertinent daIa such IS catalOJ numbeR, ad the use for which ~ and otherwise as ENGINEER may require to enable ENGINEER to review lbc submittal for tbc limited purposes required by paragraph 6.17.E. The ,,"m~ of each Sample to be submitted will be as specified in the SpecifICations. c. Where a Shop Drawing or Sample is required by the Coouact DocumcDlS or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval oflbc pertineD1 submittal will be at the sole expeose and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submittiDg each Shop DrawiD& or Sample. CONTRACTOR shall have determined and verified: a. all field measurelDCDtl, quamities, dimeD- sions, specif1cd perfOI'JlJaDCC criteria, installatioD requirelllCDU, materials, catalog numbers, and similar information with respect thereto; b. all materials with respeclto iDrcnded use, fabrication, shipping, handling, storage, assembly, and installation pertaiDiDg to the performance of the Work; c. all information relative to meaDS, methods, techDiqucs, sequeoces, aDd proceclureI of CODSUUC- don ad safety precaJJtiopll aDd proJrIIDI IDcideal cbercCoi and d. CONTRACfOR IhaIlI1so baYe mriewed ad coordiDIred each Shop DIawiD& or Sample widl otbel' Shop DrawiDgI mI Samples mI with Ibe rc:quircmems of d1e Wort and the CoaInIct Docu- 1DCDfa. Drawina aDd Sample submiucd to ENGINEER for review aDd approval of each such variation. E. ENGINEER's Revi~ I. ENGINEER will timely review and approve Shop Drawings and Samples in accordaDce with the schedule of Shop Drawings and Sample iubmittals acceptable to ENGINEER. ENGINEER's review and approval wW be oo1y to det.erm.iDc if the items covered by the submittals will, after installation or incorporation in the Work, conform to the informatioD given in the CODtr&Ct Documcots and bC compatible with the design coacept of the completed Project IS a fuDctiooiDg whole as indicated by the Cootract Documeots. 2. ENGINEER's .review and approval will DOt extcod to means, methods.. tecbDiques, sequences, or procedun:s 'of'"CODStt1Jdioo (exeept where . particular meaos, method, tecJmique, sequence, or procedure of COOSUUCIioa is spcclfically and expressly called for by the Coattad ~) or ~ safety precaudoDs or programs incidem thereto. The review and approval of. separate item as such will DOt iDtIil'-ate approval of the assembly in which the item fuDctioos. 3. ENGINEER's review and approval of Shop Drawings or Samples sball DOt relieve CONTRACTOR from responsibility for any variation from the require- ments of 1be CoDlract DocuT"e"ts uoless CONTRACTOR bas in writiD& called ENGINE.BR'. ~ to each such variation II the time of each submiUal as required by paragraph 6.17.D.3 and ENGINBBR. bas pea wriUeD approval of each such varia1ia1 by sperJ& 'fII'iUal DOCatioIl dIereof iDcoIporated ill or ICCOIIIpIIl)'iJ die Sbop DmriD& ex' Sample IppmY&l: 110I' will my appnwal by ENG1NBEIl relieve CONTRACI'OR .&om rapoasibility. far'.complyiDg:widl die reqaIremeaII of paragraph 6. 17.D.1. F. Ruubmlttol Proceduru 1. CONTRAcroR shall mate c:orrec:doos required by ENGINEER md Iba1I reIUrD die required D'Jrober of corrected copies of Shop DrawiD&s aDd submit u required DeW Samples for review and approval. CON- TRAcroR IbaIJ direct lpCCificaueadon ill wridD& to revisioaI ocber dIaD die COI"RlCdoas caDecl for by ENGI- NEER 011 previous 1UbmittaII. 6.18 01tItIn1IlnI* Wort , A. CON'IltACI'OR sbaI1 carry on tbe Work and adben: to Ibe proJRII smedu~ duriDg 111 disputes or disapee~ with OWNER. No Work sbaD be delayed or posepaaod pe:adiDa raoludoa of Ill)' dispntes or ~, except 00700 - 24 2. Each submiaal shall bear . stamp or specifIC wriuaI 1nd;,.,tinQ dW CONTRACTOR has satisfied CONTRACTOR'. obligatioas UDder die CoDlract DocuIrnN wiIh rapec:c to CONTRACTOR'. review and approval of tbat submittal. 3. Atlbe time of cadi submittal, CONTRACfOR shall pe ENGINEER spedfic writteIl aodce of such YIIiadaas. if 1IIf. dill die $bop: DmriDI or Sample IUbmiaed 11II1 haw &om die ~ of die CoIdnd Docuu-t'J. such DOCke to be ill . writtaa com- pwlll~ separate from die submittal; aod, ill additioD. shall cause a specific DOWioa to be made 011 eadl Sbop u permined by paragrapb IS.04 or u OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's ~MTal Warranty tWJ GulJTanJ~e A. CONTRACTOR warrants and guaran1ceS 10 OWNER, ENGINEER, aDd ENGINEER's Coosultanls lbal aU Work will be in accordance wilh d1c Conlracl Documents and will DOl be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, moditica1ioD. or improper mainlenance or operation by persons other Ihan CONTRACTOR, Sub- CODlraClors, Suppliers, or any olher individual or emity for whom CONTRACTOR is responsible; or 2. DOrmaI wear aDd rear under DOrmal usage. B. CONTRACTOR'. obligation to perform and comp1ele lbe Work in accordaDce wilh lbe Comracr DocumeDu sball be absolute. None of lbe followiq will ~~~m~m~rk~u~in~ with lbe Conlract [)nM1ftlents or a release of CONTRACTOR'. oblipdon to perform the Work in accordance with the CoDttlCl Documeou: I. observations by ENGINEER; 2. rec::oDllDCDdalion by ENGINEER or paymenl by OWNER of any progress or fmal paymem; 3. die issuance of a certif'acare of Substamial CompIecioa by ENGINEER or any payment reJared dw:rcto by OWNER; 4. use or ~ of die Wcxt or Ill,)' part Ibaeof byOWNER; .. s. Ill)' ICCeptaDCe by OWNER or any failure to do' so; 6. my review aad approval o(.a Shop Drawiaa or Sample submiaaI or Ibe issuaace m a DOtice of ac:c:epcabil- ily by ENGINEER; 7. any iDspccdOll, leSt, or approval by ocben; or 8. any correccioa m defecdvc Work by OWNER. 6.20 ~ A. To Ibe fullest exrcat pcrmiUed by Laws aDd Regula- dOni, CONTRACTOR sbaIllrW!rnnlfy aod bold hamdeu OWNER. ENGINEER. ENGINEER'. Consvl~. aDd die 0(f1CCll. direc:rorI, partata, ~, qaD, lad ocher caasulturs IIId aaIJcoaaactm of tada ad lIlY of Ihem from 00700 - 25 and 18ains1 aU claims, costs, losses, and damages (iDcludiaa bUl nol IimilCd to aU fees aDd charges of enaiDcen, archicecu, aaorneys, and ocher professionals and aU court or arbitration or olher dispute resolulion costs) arising OUl of or relating to lhe performance of lhe Work. provided lIW any such claim, cost, loss, or damage: I. is attributable 10 bodily injwy, sickness, disease, or death, or 10 injury to or destruclion. of langible property (olher lhan lhc Work itselt), includinglhe loss of use resulting therefrom; and 2. is caused in whole or in part by any negligeDl acl or omission of CONTRACTOR. any SubconlraClor, any Supplier, or any individual or entity direcdy or indirecdy employed by ;my oftbem 10 perform any of the Work: or anyone for whose. adI .my. of lhem may be liable, .regardless of _whedJer or. DOl c:ausecI in pan by any aegligeDCe or omission of m iDdividual or emily indem- nified bereuuder or wbelber liability is i"1pOSed upon such uw-nifiecl party by LaM IDd ReJUlatioas regardlea of Ibe negligeace of any such iadividual or eDtily. B. In any aad aU claims against OWNER or ENGINEER or any of their respecdvc consullaDlS, agentl, officers, direclors, parmeR, or employees by any employee (or tbc survivor or personal representative of such employee) of CONTRACTOR. any Subcontractor, any Supplier, or any individual or eulity direcdy or iudirect1y employed by any of rhem to perform any of Ibe Work. or anyone for whose acts any of lbem may be liable, die iDdema.irJCadon obJiiadon UDder paragraph 6.20.A abaU DOl be limited in lIlY way by any limlf,doa CXl die IIIIOUIIt or type of dama&es, c:ompeosaliaa" or beDetiu payable by or for CONTRACI'OR 0111I)' auch S~, Suppliel', or 0Cber iDdividuaI or cudly UDder Yt'OIbn' ~~ KfI, disabilil)' beIIe& . KfI.'CX' 0Cber cmpkJyeebeDdit~. . :'.. C. 1be iDdemnific-doa7fthllptioua of CONTRACI'Oa under. paragraph. 6.20.A 'sbaD..!IOt eXfeDd to die liability of ENGINEER and ENGINEER', CoaNlWIII or to die offu:en,. cfim:lon, panDers, employeea, agems, aod 0Cber coasullalUl aad subc:oattacron of each and any of lbem arisiag oul of: 1. rbe prepandou or approval of, or rbe faillR to prqJIR or appnnte, IILIJII, DrawiDp, opiDioaa, JqNXtI, IUI'VC)'I, rhllty Orden, desips, or SpecUicadoaa; or 2. JMa& dbcdoas or iDstrucdoDI, or tiiliir, to - giw diem. if.... .. die primary cause 0( rbe IqfUIJ 01' d6age. ARTICLE 7 - OrnER WORK 7.01 Relaid Work QJ Site A. OWNER may perform other work related 10 the Project at the Site by OWNER's employees, or let other direct contraCts therefor, or have other wort performed by utility owners. If such other work is DOt DOted in the Con- traCt DocumeDlS, then: 1. written notice thereof will be given to CON- TRACTOR prior 10 starting any such olbcr work; and 2. if OWNER and CONTRACTOR are unable to agree on enlidelllCDllO or on the amount or eXleDl, if any, of any adjustment in Ibe Conttact Price or Conttacl Tunes that sbou1d be allowed II a result of aucb odIer wort. a Claim may be made therefor II provided in paragraph 10.OS. B. CONTRACTOR sbal1 afford each other contractor wbo is a party to such a direct conttact and each utility owner (and OWNER, if OWNER is performing the other work with OWNER'. employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipmeat and the execution of such other work: and shal1 properly coordinate the Work with theirs. Ualess otherwise provided in tbe Coattact [)n/'.IlmMlts. CON- TRACTOR. aha11 do all cuttiDs. tiuiDg, and patchil1g of the Work Ibal may be required to ptope!ty CODDeCt or otberwiae make III aevcnJ pans come topdJa' aDd properly integrate wida such ocber work. CONTRACTOR abaIlllOl CDdaD&cr my wcxt of ocben by cuaia& excavadDa, or otberwise aIt.eriD& dIdr woct ad will" cut or alter dIeir wodc with die wriIral .COIIIad of ENGINEER aad die ocben wbose wort wm be Iffeet~ TIle dadea aad rapaaaibWda of CONTRACTOR UDder cbIa panaraph me for die beaefi1 of suda udIity 0WDeII and ocbcr ~.aon to die eD:IIl dill Cbere are comparable provisioas for die beaefit of CONTRACTOR in said direcc contncU between OWNER aDd such uUIity ownm and other contractors. C. U the proper execution or results of 811)' pan of CONTRACTOR'. Work depead. upoa wort perfOl'llled by odIcn UDder Ibis Aniclc 7, CONTRACTOR abaU inspect suda ocber wort aDd paompdy rqxxt 10 ENOINEER in wridac any cIcIayI, defecll, or ddideacia ill sudI ocber . wort Ibat Iendei it uaavailabJc or uasuitabIe for die proper e.ueudoa ad raaks of CONTRACTOR', Work. CONTRACTOR'. failure iO 10 rqxxt will COIiICiture ID ICCeptaace of such ocber wort II fit aDd proper for Imcpadoa with CONTRACI'OR'. Work euept for Iatem defects IIId dcfideDcles III such odIer wort. 7.02 CoordiNllion A. If OWNER inlends 10 contrac:t with others for the performaoce of other work on the Project at the Site, the following wUl be set forth in Supplementary Conditions: 1. the individual or entity who wiD have authority and responsibUity for coordination of the activities among the various coDtractors will be identified; 2. the specific matters to be covered by such authority and responsibUity wUl be itemized; and 3. the exteat of such authority and responsibilities wUl be provided. .B. Unless otherwise 'provided in tbe Supplemcatary CoDditions. OWNER IhalJ have sole authority. and respon- sibility for such COOrdinatiOD. ARTICLE 8 - OWNER'S RESPONSmlLITlES 8.01 CommunictZlions to ConlrtlClor A. Except as otherwise provided in these General CoocU- lions, OWNER shall issue all communications to CONTRACTOR chrougb ENGINEBR. 8.02 Rep/QceIMn/ of ENGINEER A. In cue of termiDadoD of the employmeat of ENOI- NBBR. OWNER abaIl appoint ID ~ to whom OONTRACTOR. mabs 110 r"NOO'~ abjccdaa. wboIe ItIDII UDder the ConIracc ~ IbaIl be dull of die farmer ENOINBER.. 8.03 FIlmish DaIII A. OWNER. shall promptly fumish the data required of OWNER under the Coatrad DocumenfJ. 8.04 Pay Promptly When Due A. OWNER shalI.JDab paymadl to CONTRACTOR. prompdy wbeIl tbey are due II provided ill paragnpha 14.02.C and 14.07.C. 8.05 LtJnds iJIIIl Etzsemmu: I/qNJrts IIIIIl Tests ~ OWNER'. duties in Iapcct of proYidiDc Imda aDd tuemeall ad proYidiDc ~ auneyI to cacablish refereace pobdI me let forch III pananpbs 4.01111d 4.05. PmanpIa 4.01 men to OWNER'. ideadfyiD& and II'I-Hnc naDabIe to CONTRACI'OR copIea of IqXXtI of apIondoaI 00700 - 26 aad teats of lUbsurface coadicioas lad drawings of physical ARTICLE 9 - ENGINEER 'S STATUS DURING coaditioas ill or relatiag 10 existioa surface or subsurface CONSTRUCTION IUUCIUrcS at or coatiguous 10 tbe Site lhat have been utilized by ENGINEER ill preparing the CoalrlCl Documents. 8.06 Insurance A. OWNER's rcspoosibilities, if any, in rcspectto pur- chasing lad maintainiog liability and property insurance are see forth in Article S. 8.07 OIDnge Orders 9.01 OWNER'S RepresenJaJive A. ENGINEER. will be OWNER's rcprcsentative during the construction period. The duties and responsibilities and the limitations of aulboriry of ENGINEER as OWNER's representative duriDg construction arc set forth in the Contract Documents and will DOt be changed without wrinen consent of OWNER and ENGINEER. A. OWNER is obligated co execute Change Orders as 9.02 VISits to Sire indicated in paragraph 10.03. 8.08 Inspeaions, Tests, DNl Approvals A. OWNER's responsibility in respeclto certain inspec- tioDs. tesIS, aad approvals is see forth in paragraph 13.03.B. 8.09 LimilIItions on OWNER', Responsibilities A. The OWNER shall DOC supervise, dirccc, or have coattol or audIoriry over. DOr be responsible for, CONTRACJ'OR's means, methods, lechniques, sequeDCCS, or procedures of consuuction, or the safety precautions and programs iDcidenr thereto, or for any fallure of CON- TRAcroR CO comply widl Laws and Regulations applicable to the perfOl'll1lDCe of the Work. OWNER will DOl be rcspoasible for CONTRACTOR's failure to perform the Wort in ICCOrdaDce with Ibe Contract Ot-I~. 8.10 UndUcIos<</ Har.ardous Environmenkll Condition A. OWNER', rapoasibiIity ill RIpeCt ro In .md;-tosed HazadoaIPavifi-...~ C~ is set forda ill pananpb ".06. .. . 8.11 ~ of FinondtJl Arrangemenu A. If aDd to Ibe extent OWNER has agreed to fumisb CONTRACI'OR RUODabIe evideace chat fimll'lt"J..1 amagemeau have beeD made CO satisfy OWNER's obUpdoas UDder die Comracc Doc:umeau, OWNER', respoasibiIity in respccc dJereof will be as set forth ill the Supp~"~ Coaditioas. A. ENGINEER will make visits CO the Site at intervals appropriate to the various 'stages of constnJction as ENGINEER deems .~uy.in order CO observe as an experieaced. aDd qualified'design professional the progress that has been made aad Ibe quality of the various aspects of CONTRACI'OR', executed Wort. Based on information obcaiDed duriq such visits aDd observatiolll. ENGINEER. (or the benefit of OWNER. will determiDe, in geoeral. if the Work: is proceeding in accordance with the Contract Documenrs. ENGINEER will DOl be required CO make exhaustive or continuous inspections on tbe Site to check the qualiry or quantity of the Wort. ENGINEER's efforts will be directed toward providing for OWNER a geater degree of confidence chat the completed Work will CODform generally to the CoDtrlcl Doc:umeats. On the basis of IUCh visits IDd observatioaa. ENGINEER will keep OWNER informed of die progreu of die Work aad will eudeavor to guard OWNER .. defec:dve Wort. B. ENGINEER', YisiD IDd observatioIII are subject to aD Ibe Ihnlt--cioal 011 ENGINEER', IUtbority aad rapoasibilily I<< fordl in ..... '.10. .aad pardcaIady. bat widIout.1hnlbtioa;..daria& Gal a auk of ENOINBBR', visits 01' GbeemdioaI. of. CONTRACTOR', W~ ENGINEER will IIOC.~. cIirecc, coaIIoI. 01' have awbority over' or 'be responsible for CONTRACI'OR., means, 1DeIbods. fedmiqueI. sequeDCCI; or. proc:ecIura of COIISU1ICtim, or die safety. JP-lItioalllld proJrIIIII iDcidear cbemo, or for any failure of CONTRACTOR ro comply wid1 Laws IDd ReguJadoas applicable ro die performance of die Work. '.03 hoJm RqTuenIIId~ A. If OWNER aDd BNOINEBR aan=e, ENGINBFR will furDiIb . ~ Pmjecc Rqxaaadw to ~ ENqJNEER in pruYidiaa IDOR exI.aIIhe observIdoa of dI6 Work. 1bc ~",,1Uda aDd IIdbority aDd Umlt.-tLwM cbereoa of ID)' sucIa Raideat ~ Repraemadve ad lSIisUDrs will be. provided ID pancraph '.10 ad III die . Supp~"~~. If OWNER desipates IIIOdIer 00700 - 27 reprcseatatiw or .SCDlIO represent OWNER at the Site who is DOC ENGINEER's Consultant, asent or employee, the respoasibUicies and authority and limitations thereon of such other individual or entity will be as provided in the Supple- mentary Conditions. 9.04 C7iuiftcDl;ons DNllnrerpretQ/;ons A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of lhc ConttaCt Documenrs as ENGINEER may deter- mine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be bind inS on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable 10 agree on entitlement to or on the amount or extent, if any, of any adjustment in the ContraCt Price or Conttact Times, or boCb, dW should be allowed as . result of . written clarificatioa or iDterpretatioD, a Claim may be made therefor as provided in parasrapb 10.OS. 9.0S Authorized VariDlions in Wort A. ENGINEER may authorize minor variations in the Work from the requirements of Ibe Contract DocumenIs which do DOt involve. an adjustment in the Contract Price or the Conttad Times and are compatible with the desisn coucept of the completed Project as a functioning whole as il1dicared by the Contract Documents. These may be ICCOmplilbed by a Field Order aDd will be binding on OWNER aad also OD CONTRACI'Oa. who shall perform Ibe Work involved promptly. If OWNER and CONTRAC- TOR an: uaable to asree OIl eaddemem to or OD the UDOUIIt or afaIl, if my, of my adjUSUDeDr ill Ibe CoaInct Price or Cotdnct T'IIIICS, or both. as a JeSUIt of a FICld Order, a Oaim may be made dletcfor 85 prcMdcd ill panppb 10.OS. 9.06 bj<<llng DeJediw Woli A. ENGINEER will haw autboricy to disapprove or . reject Wort wbida ENGINEER beUeva to be defective, or chat ENGINEER beliewa will DOC produce a complered . Pmject dill coaforms to die Coattact Doauenu or dw will JRjudice die Iarcgrity of die design concept of Ibe compIeced PIojecc .. . fuactioa.iD& wbole as indilo.atcd by die CoaIrac:t l)ot!Im-.tt. ENGINEER will also haw authority to require special iDspecCioa or teItiDc of Ihe Work as provided in . pancrapb 13.04, wbedIer or DOt the Wort is fabricarcd, Iast,tled. or completccl. 9.CT1 ShIJp DtrlM1rp, ~e Orden ilIIIJ PaymmIS A. In eoaaecdoa wkh ENGINEER'. aucboricy as to Shop Drawlap aad Samples, see paragraph 6.17. B. In connection with ENGINEER's authoricy as 10 Change Orden, see Articles 10, II, and 12. C. In connection with ENGINEER's authoricy as to Applications for Payment, see Anicle 14. 9.08 Determi1UJlionsfor Unit Price Worlc A. ENGINEER will determine the actual quantities and classifications of Unit Price Work perfonned by CONTRACTOR. ENGINEER will review with CON- TRACTOR the ENGINEER's preliminary ddcrminations on such maaers before reudering a written decision thereon (by recommeodation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be rmal and binding . (except 'as. modir1cd by ENGINEER 10 reflect changed factual 'cooditions or more accurate data) upon OWNER. and CONTRACTOR. subject to che provisions of paragraph 10.OS. . 9.09 Decisions on Requirmrellls of CoIIITtJt:I Documenu ond Acceptobility of Wort A. ENGINEER wiD be tbe initial interpreter of the requiremeD!l of the Contract Dt-1'1JeDlI and judge of tbe acceptability of tbe Work thereunder. Claims, disputes and other matters relating 10 the acceptabilicy of the Work, the quantities and cJassifscatioDS of Unit Price Work. the inIerpretation of the requirementS of the Contract Documents pertaining to the perfOrDWJCe of the Work, and Claims _Iring ,..h~ in the ConIract Price or. Cclattact Tuaa will be referred inidalIy to ENGINEBR ill wridq. in accordaDce wid! the provisions of paragraph 10.OS, wid1 a request for a formal deciaioa.. B. WIa fiDrd. ...i", IS inrerpreter ad JudIe UDder d1i.s paraanpIa 9.09, ENGINEER.wiD DOC IIIow pudaIity to OWNER .br"'.CONTRACTOR:;Dd will DOt be liable ill . c:oaneccioa widlmy iarapretadoD or decisJoa readerecI ill good faiIh ill sud1 CIpICity. The 'ftIIderiq of. decision by ENGINEER pun1WIl ro this paragraph 9.09 with respect to my sucl1 Claim. dispute, or otber maaer (except my whidl have beeIl waiwd by the m.llHna or acceptaDCe of fiDa1 pa.ymem as proYidcd in paragraph 14.07) will be a coadition precedeat to my ~ by OWNat or CONTRACJ'OR of such rigbrs or remcdiea as either may ocberwiIe have. under die Camet ()-"MItI or by Laws or RquI.adoas ill Iapect of my such Claim. dispute, or otbcr mauer. 9.10 UmiI4rions 011 ENGJNE;ER', AIIIhority and Rapon- slbI1idu " . , A. NeidIer ENGINEER'. audlority or respoosJbility under this Anide 9 or under any otber provisioa of cbc Conncc noc.'meats DOf my decision made by ENGINEER . Ia &Oocl faida eidIer to emcise 01' DOt exercise md1 audIorIty 00700 - 28 or respoasibUiry or die uaderIaJda&, exercise, or pcrfOl'1DllJCe of aD)' aucboriry or rapoDSibility by ENGINEER sbaJ1 c:reaIC, impose, or Jive rise 10 III)' duty in contract, lOn, or otherwise owed by ENGINEER lO CONTRACTOR, any Subc:ontraclOr, any Supplier, any other individual or entity, or to any surety for or employee or agcot of any of them. B. ENGINEER will not supervise, direct, conlrOl, or have aulhority over or be responsible for CONTRACTOR's means, methods, Ieclmiques, seqUCDCCS, or procedures of constJUCtion, or the safety precautions and programs incident thereto, or (or III)' (ailure of CONTRACTOR 10 comply with Laws and RcauJations applicable lO the performance of the Work. ENGINEER will DO( be responsible for CONTRACTOR', failure 10 pcrfonn the Work in accordance wilh the Contract Documents. c. ENGINEER will DOt be responsible for tbc acu or omissions of CONTRACI'OR or of III)' SubcoaIractor, 811)' Suppla', or of III)' other individual or entity pcrformiDg any of the Work. D. ENGINEER', review of the fmal Application (or Payment and accompaayiDg documentation aDd all mainte- nm:e aad operatiDg iDsuuctiODS, schedules, guarantees, Bonds, certificates of inspection. tests and approvals, and odler documentation required 10 be delivered by paragraph 14.07.A will only be 10 determine generally that their content complies with cbe requirements of, and in the case of certifICates of iDspecdons, tests, and approvals tbat the results cenified indicate compliaDce with. tbc Comract Documents. E. Tbe limlufloas apoIl audIority and responsibilily let Iordl ill dIis parI8rIph 9.10 JbaU aJro apply 10 ENGINEER', Ct-q'I1.., Rc8deat Pmjec:t Rcpresemadvc, IIId -nst."t,. ARDCLE 10 - alANGES IN mE WORK: CLAIMS 10.01 ~ Oumgu In the W41rt A. Witbout inv,lwfi-. lbc Agreemem and without DOdc:c to III)' surety, OWNER may, II any time or from time to time, order addWoas, deledoas, or rcvisioas in lbc Work by · Wriaca AIIII!ftIf~ a OwJae Order, or a Work l'"h."V Dincdve. Upaa receipt of 811)' such Mtonwut, CONTRACI'OR IbaII prompdy proceed willa lbc Work iavoIwd wIdda will be performed UDder die applicable coadidoas of die CoIdncc D-t--us (eJU:ep( II ocbenvise 1pCcifx:aUy pnMded). B. ICOWNER aDd CONTRACTOR IR uaabIc 10 ape oa CDddcmall to. or 011 die IIDOUIII or eDaII. if 1Il)', of ID 1Id,jutnJem ia die CoaIncl Price or CGattact TUDeI, or bod&. dw should be allowed II a rauJc of a Work Claage 00700 - 29 Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 UNlUthorized CJrDngu ;n the W41rt A. CONTRACTOR sbaU DOt be entitled CO an increase in the Contract Price or ID extension of Ihe CODttact Times with resped to any worlc performed dw is DOC requir~ by the ConlraCt Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Wort as provided in paragraph 13.04.B. 10.03 ExeCU/;41n 41lOIange Orders A. OWNER and CONTRACTOR shall execute . appropriate Clange Orden fI"1YW'IImendecf by ENGINEER (or Written Ameadmeals) covering:. I. changes in the Work which are: (i) ordered by OWNER punuam to paragraph 10.01.A, (ii) required becaust or acceptaDce of defective Work UDder para_ graph 13.08.A or OWNER's correction of defective Wort UDder paragraph 13.09. or (ill) agreed 10 by die parties; 2. changes in the Contract Price or Contract TimeS which are agreed 10 by die parties, including any undisputed sum or amount of time for Worlc actually performed in A:c:ordaac:e with a Wort OJange Directive; and 3. ('.h~ ill die Coatract Price or Coattact TUDeI which embody die nhet.1ft of any' wriueD decision IaIdenld by .ENGINEER punuaatto paragraph 10.OS; pnwided dial. Ia Ilea of a~ ., IIIda n..... Order. a IppeIl may be IIba fmm., 1IIda~ III ICCOIdIIIce wida dIe'.pmvtsica of' die Comract - .~""'"IIlI.aad ...,..... Laws .. RerIJdoas~ b9t .' duriaa'ID)'..uch1lppeale.'CONTRACTOR IbaII cany OIl Cbe Work ad Idbere' to cbe progrea ldIeduJe u provided in pangraph 6.18.A. - 10.04 N41tijiClIliqn to Surety A. If.DOticc or IDlY dwIae .affeCcia& cbe geaeraJ scope of cbe Work or die pnwisjaas of die Comract ~ (iDcluclia& but DOl Iimfted 10. Coatract Price 01' CoattIct Tames) is required by Ibc JJNYisiaas of ., Boad to be givea to a mray. die giviDa of my JUda DOdcc will be CONTRACI'OR', ~. TIle .1IIftIIqf of ead1 IppIqbJe Boad wiD be adjusred to IdJect die eft'ect of IIIj such dwlge. 10.05 Cl/lims and Dispures A. Notice: Writ1ell DOtice stating the geacraJ nature o( each Claim, dispute, or ocher maaer sba11 be delivered by Ibe claimant to ENGINEER. aDd the other pany to the CODlract prompdy (but in DO eveDlIater than 30 days) after Ibe stan of Che eYeDl giving rise thereto. Notice of the amoUDt or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER aDd the other party to the Contract within 60 days after the stan of such eveDl (unless ENGINEER allows additional time (or claimant to submit additional or more accurate data in support of such Claim. dispute, or other matter). A Claim for aD adjustment in Contract Price sha1Ibe prepared in accordance with the provisioos of paragraph 12.01.8. A aaim for aD adjustmeDl in Contract Time shall be prepared in accordance with the provisions of paragrapb 12.02.8. Each Claim sha1I be aooompanied by ,.I.inumt's wrincu statemenl thai the.adjust- meal claimed is the entire adjustmeDt to which the cJlIim.nt believes it is entitled as a result of said event. T'be opposq party shaD submit aD)' response to ENGINEER aDd the cl.iftlllnf within 30 days after receipt of Che elllimllllt's last submittal (ualess ENGINEER allows additional time). 8. ENGINEER's D~cision: ENGINEER will reDder a formal decision in writing within 30 days after receipt of the last submittal of the cliimaDl or the last submittal of the opposing party, if any. ENGINEER's written decision on such Claim., dispute, or odJer matter will be tiDal and biDding upon OWNER and CONTRACTOR unless: 1. anappcal from ENGINEER'. decision is taken wid1in Ibc dmc limiU and ill accordaDce widllbc dispWe rcsoludoa procedures set forth in Aldcle 16; or 2. if lID such. dispute resoludoa procedures have beallet bdlla Ardde 16, a wriIrm DDCice of inreDdoa to appeal fivIIl ENGINEER'. writtal decisioG. is. delivcnd by OWNElt or CONTRACTOR to die other. , aad to ENGINEER widIiD 30 days.. die clare of.auch decision, and . formal pIOC'-'ir-a is insdturecf by tile appealiDa party in .. forum of c:ompeteDI jurisdjction within 60 days after die date of IUda decJsioa or wilbiD 60 days after $llbGlIntU1 Completion, wbicbever is later (unIea ocberwise agreed ill wriliD& by OWNER and .CONTRACTOR), to exaciIe such rigbcs or mDCdiea as Ibe ~ party may haw wid& .respect to such Caim, dispure, or odIcr maucr ia ac:cordaDce with applicable Laws and Rq."'tioas. C. If PNGINP.ER cIom DOC Rader' a CCXDIII decision fa writiDa wIdIiD die time -aecI In paragraph iO.05.B, . decisioa deayiaa die Calm ill ill endrety sbaII be deemed to ba\4e been issued 31 dayllfter receipt of die last submiUaI of che claimaal or Ibc last submittal of die OPPOSiD& party, if any. 00700 - 30 D. No Claim for an adjustmene in Coatract Price or Concract Times (or Milestones) will be valid if DOt submiued in accordance with Chis paragraph 10.05. ARTICLE 11 - COST OF mE WORK; CASH AUOW ANCES; UNIT PRICE WORK 11.01 Cost of 1M Wo,* A. Costs Included: The term Case of the Work means the sum of all caslS necessarily incurred and paid by CON- TRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for aD.adjustmelJ! in Concraa Price is determined on the .basis of Cost of the Work..~ caSIS to be reimbursed to CONTRACTOR will be only 1bose additional or incremHItJlI COSIS required because of die cJumse in the Work or because of the event giving rise to the Claim. Except as ocberwise may be agreed ro in wririD& by OWNER, such c:ostI ahiU be in amounts DO higher than those prevai1ina in the locality of cbe Project, sba11 include only the fonowing items, and shall DOC include auy of the costs itemized in paragraph 11.01.8. 1. Payroll costs for employees in the direct employ of CONTRACTOR in tile performance of the Work UDder sehedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendenrs, foremen, and other personnel employed full time at the Site. Payroll costs for anpioyees DOt employed full time on the Wort shall be apponioned OD the basis of cbeir time apeat OD die Work. Payroll COSII abalI iaclude, bul DOt be limited co, aaIariea md wages plus die COlt of friD&e benefits, wIddl abIIl iDclude IOCial security COIIIribudoas, uaezia- pIDymcnI, excise, and payroll tua, worbrJ' compeDSJtioIl. heaUh and~~~ beaefia, bomJSH, . *k.Jeaw, YICIlioa and.boliday pay -Wlicable dIcreCo. . .. .1'bc ~..of~perfcxming Work outside of rqular wortdDg bours. on"Salurday, Sunday, or legal holiday', sball be included in tbe above ro the extem autborized by OWNER. 2. Cost of all materials and equipment furnisbed and iIM:orporafcd in tbe Wort, incllldias costa of transponatioa md stonge thereof, and SuppIierI' field servica n:quired fa COIIIIeCCion 1berewidI. AD cash d;-..... IbaJl ICCnIe to CONTRACTOR uaIea OWNER deposits funds wilb CONTRAcroR widl wbic:Ia to mab paymeniJ, ia wbicIa cue die casb ~.1IIIII1CCrUe CO OWNlm. AD trade discollftU, rebafeI and refuads and mums from sale of surplus maferiaIs and equJpmem abalIlCCIUe to OWNER. aDd CONTRACI'OR abalI make pmvisioas 10 dW cbey may be Mt.llhwl_ 3. PaylllCllll made by CONTRACTOR to Subcoaaacrors for Work performed by Subc:oatracton. If required by OWNER, CONTRACTOR sball obtain competitive bidl from subcoalncton acceptable to OWNER aDd CONTRACTOR aDd shaJJ deliver such bids to OWNER, who will dIeD delerllliDe, with the advice of ENGINEER, wbicb bids, if any, will be acceptable. If any subcontract provides that the SUbcoDlrlctor is 10 be paid OD the basis of Cost of the Worle plus a fee, the Subcoatractor', Cost of the Worle and fee shall be determined in the same IIWlDCr as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (includm, bul DOt limiled to qinccn, archilects, lesling laboratories, surveyors. aaomeys, aDd ICCOUDlaDts) employed for serviceI specifICally related to lbe Worle. 5. Supplel'1eDtal costs includiDg the foUowing: a. Tbe propotdon of ""<<'ISlU)' traasporIadoD. travel. and subsi.steace expemes of CONTRACTOR's employees incurred in discharge of duties connected with the Worle. b. Cost, including transponation and mainte- DlIDCe, of aU materials, supplies, equipmeDt, mllt".hilV'ry, appJiaDces, OffICe, aDd temporary facili- des at the Site, and hand tools DOC owaed by the worbn, wbich are CCII1S1IIDed in die perfOl1llaDCe of Ibc WOlt, aad cosr. lea marta value, of such items used bulDOt ftWIllItmN whidl remain the property of CONTRACTOR. c. RaaIa of III CClaIIrUCdaa equipmaIt and ftI....h~. &lid Ibc pIrU dIenlof ~ laded from CONmACI'OR CII' odIea In 8CCClI1IIace with remaJ qreemeara approfecl by OWNER with die advice of ENGINBEIl. IIId die COItIof traDsportatioa. loadiaa. UDfftlldi", assembly, cfipulntll"l. IIId relllO\'ll thereof. AU such COIlS Jba1I be In acc:ordaDcc willi tbc rerms of said reDfaJ ~. 1bc IaaI of III)' such ecp~. IDI- dIiDay. or pans sbaD cease wbea the use thereof is 110 Ioager aec:essuy for Cbe Work. d. Sa1cI. CDIISUme&. use. and ueber similar cua rdat.ccI to die Wort, IIId for wbich CON- TRACTOR is liable, imposed by LaWl aad Regu- Jadoas. : e. Dcpoaits I~ for causes other Ibaa nc&li- geace of CONTRACI'OR. any Subc::oattIdor. or anyOlle din:cdy or iDdim:dy employed by III)' of Cbem or for wbose KtlIII)' of cbem may be liable. 00700 - 31 and royalty payments and fees for permits and licenses. f. Losses and damages (and relaled expcase,) . caused by damage to lbe Work, DOt COrrvnuted by insurance or otherwise, sustained by CONTRACTOR in connection wirh lbe perfor- mance of the Wade (except losses and damages wilbiD the deductible amOUDts of property insurance established in ICCOrda.nce with paragraph 5.06.D), provided such losses and damages have rcsu1led from causes other than lbc negligence of CONTRACTOR, any Subcomractor, or anyoDC din:cdy or iDdirectIy employed by any of them or for whose acts any of diem may be liable. Such losses shaU. include. seUlelDCllts made with the written CODSeDl and approvaJ of OWNER. No such losses. tbm..... mde1lpP.JlIeS sbaII be .iDcluded in the Cost oflbe'Work1or die purpose of dererminiDg CONTRACTOR's fee. ,. 1be cost of udlities, fuel, and sanitary facilities al1be Site. b. MiDor expenses such u relegrams, IODJ distance relephoae calls, telephone service at rhe Sire, expressage. aDd similar petty cub items in coDDeCtion with the Work. i. Whea the Cost of the Wade is used to derermiDe rbe value of a Cwlae Order or of a Claim. Cbe COlt of premiums for additional Bonds aDd iDsuraace mzuired ~ ofCbe m...- ill Cbe Work or caused by tbc eYeDI &iYiD& rise to cbe Claim. J. . Whea an Ibe Work is performed 011 die basis or "COIt-pIus.Ibe. mill of JllP-l"n- faraD Boads lad ~ CON'lRACTOR is mqaired by the. ConuIca.o.-.-..., to pudaue IDd _1nt.1n B. Cosu &,./I4IIed.' 1"be term eo. or die Work shall DOC iDclude any of die followia& items: J. PayroU COSCI IIId 0Cber comp";n.udoa of CONTRACTOR's officen. excdldves, priDclpaII (of partDenbfps and sole proprieronbipI), geacraJ 11IIIII&- en. ~, ~ifecll. l!dinutcn. IIf.OrDe)'I, audi- ron, IOC(tIlllfll.. purr.h.. lad ~.cdu& ...., e~itm, fim.obepen, dab, a odIer penoaad ~ by CON1'RACTOR. wIIek. dIe.<< fa CQN'I'RACTOR'. pfadp.l or Inada o8ice for geaeriI admiaiscndaa of die wort a DOt ~ iacluded ill cbe 'IRed upoa ~ of. job dassificadoas refemd to ill pmanpIa 11.01.A.1 or IpeCificIUy c:overed by pananpb 11.01. ~... aU of wbidl m to be coasidcred .Amini~tive costs covered by the CONTRACTOR'I fee. 2. Expeases of CONTRACTOR's principal and braDch offices 0Cbcr Ihao CONTRACTOR's offICe at the Site. 3. Any pan of CONTRACTOR's capital expenses, including iDtcrest 011 CONTRACTOR's capital employed for che Work and charges against CONTRACTOR for deliDqueDt paymeDlS. 4. Costs due to Ihc negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but DOt limited to,.. the com:ction of defective Work, disposal of materials or equipmeDt wroagly supplied, and making good any dama&e ro property. S. Otbcr overhead or geueral expense costs of any kiDd &ad che casu of any item DOt specifically and expressly included in paragraphs 11.01.A and 11.01.B. C. CONI'1UCTOR's Fee: When all the Work is performed on the basil of cost-plus, CONTRACTOR's fee sba1l be deter'miDed as set fonh in Ibe Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on die basis of Cost of the Work, CONTRACTOR's fee sba11 be determiDed as set forth in paragraph 12.01.C. D. ~. WbeDevcr the Cost of the Work for my purpose is ro be cIdermiDecl punuIDl to paragraphs 1l.01.A aDd 11.01.B, CONTRACTOR will establish aad ....1ftt.1n records 1bereof iD ICCOI'daDce widl pamI1y ~ ICOO-md'lI prac:Ika md submit ill a form IC(qrtIbIe to ENGINEER an ifl'!ll'lWM COIl breabIowD.; fDIedIer widlll.lppvltiaB daCa. 11.02 Ouh AUowancu A. It is UDdentood dJat CONTRACTOR has iDcluded fa die CoaUact Price aU aI10waDcea 10 aamed ill die Coattaet DocuaIefIt,J aad sbal1 cause die Work 10 covered to be . . . Performed for such sums as may be ICCepCable to OWNER aad ENGINBEIl. CONTRACTOR agrees Ibat: 1. die aIIowaaces iadade Ibe COlt to CONTRAC- TOR (lea my applicable tnde discouIUI) of mareriaII aDd ~ requhd by Ibe ~ to be cIdM:recIM Ibe Site. lad aD applicable tu.eI; md 2. CONTRACI'OR'I costa for UDloadiDg IDd b-nd1I. 0Il1be SIre,Iabor,inst.11-tInn cosu, ovabcad, profit, ar:t ocba' ~ coaraaplated for die aIlow- 00700 - 31 ances have been included in the Contract Price aDd DOC in the allowances, aad DO defnland for additional payIDCDl on ICCOW1l of any of the foregoing will be valid. B. Prior to fmal payment, an appropriare OIange Order will be issued as recommended by ENGINEER to reflect acuaa1 amounts due CONTRACTOR on account of Work covered by allowaaces, and the Contract Price shall be correspondingly adjusted. 11.03 Unil Price Work A. Where the Contract Documents provide dW all or part of the Wort is to be Unit Price Work, initially the ContraCt Price will be deemed to include for all Unit Price . . Work.an amount equal to che.sum of the unit price for each . separately' identified item 'of .Unit Price Work times che 4"dim_ted quantity of ead1.itcm as intticated in the ~- mcDt.. ]be I'!lIritnll'M quantities of items of Unit Price Work are not ~ aod are solely for the purpose of c:omparisoIl of Bids and determiniD& an initial Coattact Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACfOR win be made by ENGINEER subject to the provisioas of paragraph 9.08. B. Each unit price will be deemed ro include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRAcroR may make a Claim for an adjustmall in tbe Comract Price in accordance with parasraph 10.05 If: 1. the qUIIItily of Ill)' item of Uak Price Work perf011lleCl by CONTRAcroR diff'enmaterially ad :'._..fpHVo:nltty :fmm: Ibe .-...thnlltecJ qaaadly of such ifem "",i~ in die Ap'eemeDr: amd 2. d1cre is 110 c:orrespondiDa adjustment with respect Ill)' otber item of Work; and 3. if CONTRACTOR believes tbal CONTRACTOR is ~titled to an i.acrease in ConttlCt Price as a resuk ofhaviD&1Dcuned additintW eqenscor OWNER bdieYes Ibal OWNER is eat1ded to I cJecreue ill Coatract Price mcI Cbe panics are unable to agree .. to die amouat of Ill)' such increase or ~. , ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 aumge 0/ ColllraCl PriCt A. The Contract Price may ooly be changed by a CwJge Order or by a Wriuen Amendment. Any Claim for an adjUStmcDt in Che Conuact Price shall be based on written notice submitted by the party making the Claim to the ENGINEER and the other party 10 the Conlracl in accor- dance with the provisions of paragraph 10.OS. B. The value of any Wort covered by a Change Order or of any Claim for an adjUSlment in the Contracl Price will be determined as follows: 1. wbere the Wort iDvolved is covered by unit prices COIIIaiDed in Ibe Conrract DocumeIltS, by applica- tion of such UDit prices to lbe qumtities of die items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work: iDYOlved is DOt covered by unil prices CODtaiDed in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profil nOl necessarily in accordance with paragraph 12.01.C.2); or 3. where the Work involved is DOt covered by unil prices COII!aiDcd in rhe COIdI'lICl Doc:umeaII mf agree- meat to a lump sum iI DOC reacbed UDder paragraph 12.01.8.2, OIl die basil of Ibe Cost of die Work (defermiDed u provided in panaraph 11.01) plus a CONTRAcroR'. fee for overbeId IDd pro& (deter- miacd . proYided in pananph 12.01.C). C. CONIlWCTOR'.. Fee: The CONTRACTOR'. fee for overbea4 aDd profit sball be dctermi.aed 81 follow.: 1. . mutually acccplabJe fiud fee; or 2. if I fixed fee is DOC agreed upon, thco a fee bued on Ibe foUowiDa perteldqea of the various porUoas of Ibe Cost of the Work:: a. for COICI iDcurred UDder paragnpha 11.01.A.! ad 1l.OI.A.2, the CONTRAcrOR'. fee aha1l be 15 perc:aII; b. for COICI iacurred UDder panaraph 11.01.A.3, Ibe CONTRACfOR'. fee IhaII be fm pen:eaI; c. wIleR cae or IIICR dai of IUbcounca are on cbc basis of Colt of die wort plus a fee mI DO 00700 - 33 fixed fee is agreed upon, the intem of paragraph 12.0l.C.2.a is that the SubcoDtractor who lCtUaDy performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.0l.A.I and 11.0l.A.2 and that any higher tier Subcomractor and CONTRACTOR will each be paid a fee of five percenl of the amount paid to the next lower tier Subconlraclor; d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A.S, and 11.01.B; e. lhe amount of credit to be allowed by CONTRACTOR to OWNER for auy change whicb resullS in a lid decrease in cost will be the amount of Ibe actual lid decIase.in COlt plus a deductioa in CONTRACTOR'. fee by an UIlOUIIt equal to five perceul of such Del decrease; and f. when both additiODl and credits are in- volved in any one cbaDge, the adjusanem in CONTRACTOR'. fee sba1I be computed on the basis of the Del change in accordance with para- graphs 12.01.C.2.a through 12.01.C.2.e, inch.- sive. 12.02 OI4nge oj Contract 1imu A. The CoDttlCt TUIIeI (or Milestones) may oaly be ,..hA"Ied by a 0wJae Order or by . Writtal AIIV!IId--.. Ally Claim for au ..... ill Ibe ~ TimeI (or )rt'i1estoaes) IbaD be based OIl wriIrea DGdce IUbmJued by the pany mAIm1& cbe claim to cbe BNGINEIDt aDd Cbe Ocher pany 10 Ibe Coattact ill accordance wida die ~ Of ....... 10.05. B. Any adjustmeDt of the Coatract TUDa (or MiJeltDnealccm:recf.by a n.A.Onter or of III)' ClaIm for an adjustmeal in die Conttact TUIIeI (or MDestDDeI) wiD be detenDiaed ill acc:ordaace widl .dIc proviskms of ddI Article 12. 12.03 Dellzyl Beyond CONTRACI'OR'.. Control A. Where coNTRAcroa Is prnemed from compleriDg III)' put of Ibe Work widda Ibe CODttId 11mea (or MiIeIfoaea) dae to delay be)VDd die COIdnII of CONTRACI'Oa, die Caarracr T.... (or MiIeItoaeI) wIIIlJe emaded ill ID RIIOUId equal to Ibe lime IOIC due to .. delay 'a Calm k made Ibcrefor u provided iD puIII'IJIb 12.02.A. Delays beyODd Ibe comrol of coNTRAcroa sbaIJ iaclude, bac DOt be limJted to, 8CtI or IqIec:C by OWNER, aces or aepcc of udIky 0MIaI or oIber CODUacfOn performlaa otber wort .. COIItCmplatccl by Article 7, fires, floods, epidemics, abnormal weather cooditioDS, or acts of God. 12.04 Delays Within CONTRACTOR's ConJrol A. The Cootract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control oC a SubcorUnctor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays B~ond OWNER's and CONTRA CTOR 's ConJrol A. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or Milestoaes) due to delay beyond the CODlJ'OI of boch OWNER aad CONTRAcroll. aD cDalSioa oCtile Coattacl Times (or Mi1estoDes) in aD IDlOUIIl equal to the time lost due to such delay sba1l be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay DQ1IUJgu A. In 110 event sba1I OWNER or ENGINEER be liable to CONTRACI'OR, any Subcon1ractor, any Supplier, or any other penon or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. deJayI c:aused by or within the conuol of CON- TRACTOR; or 2. cIeIayB bcyoad die COUIOI of both OWNER aDd CONTRAcroR ildlvI"'a but DOl limited to fires, floods, epidemics; ~ v.adM:r CC)IlIfitinn" acII of 00cI. 01' acII 01' aepcc by 1diIily owaen 01' ocber CODttIdOn pedOJllliDa 0Cba' work IS contemplated by Article 7. B. NochiDg in this paragraph 12.06 ban a cbaage in CoIlU'acl Price pursuaat to this AJticle 12 to compeDl.re CONTRACTOR due to delay, iDterfcreace, or cIisruptioD direc:dy attributable to. accioas or iDactioas of OWNER or aayoae for whom OWNER is rapoasible. ARTICLE 13 - TESTS AND INSPBC110NS; CORRECTION, REMOV At OR Au.;J:rl' ANCE OF DEFECTIVE WORK. - 13.01 Notia t1f De/lCU A. ~ DOtk:e of all defectiYe Work of wbida OWNER. or ENGINEER bas actual bowIecf&e will be pvm 00700-34 to CONTRACTOR. All defective Wort may be rejected, COrTCCted, or accepted as provided in Ihis Aniclc 13. 13.02 Access to Worlc A. OWNER, ENGINEER, ENGINEER's Coasultants, other representatives and personnel of OWNER, indepeoclent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and IeSting. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tuts on.d Inspections A. CONTRACTOR.' shall give ENGINEER timely DOtice of re-di.-n: of the Work for all required inspections, tests, or approvals and shall cooperate with inspectiOD and testiDg perIODDCI to facililate required iDspectioDs or tests. B. OWNER shall employ and pay for the services of an indepeadem testing laboratory to perform all inspecPODl, tests, or approvals required by the Coatract Documents except: 1. for inspections, tests, or approvals covered by paragraphs 13.03.C and 13.03.D below; 2. that coSU iDcurred in c;oaaectioD with tesU or inspections coaducred purIUlIDI to paragraph 13.04.B IbaIl be paid as provided in said panaraph 13.04.B; aad 3. as 0CberwiIe specifieJ1ty provided ia cbe Con- U'ICt 1)oQ~. .C. If Laws or RegulatioDs of III)' public body baviDg ..jurisdk:tioa requRmy Wort (or pan daeoI) IpCCificIlIy to be inspectecl.:tatecIi or approved by an employee or other represmf~five of such public body, CONTRACOOa aball a.ssume fun responsibility for arrmgiDg aDd obcaiDiD& such inspectioas, lCIII, or appnmJa, pay aU 'COIU in .~ therewith, aDd fumisb ENGINEER die RqUired cenificatel of iDspec:tioa or approval. D. CONTRACOOR sball be rapoasibIe for uraagiDa aod ohf..inil1l aDd sball pay all COSU in COIIIICCCioa with any inspections, lCIII, or appnmJa IequirecI for OWNER's and ENGINEER', ~.of JIIIferia1I<< equ.ipmt:m to be iacoIponled in die WOlt; or ~~ of 1IIIfaiIII, mix dJPs, 01' equ.ipmt:m submiUect for appnmI prior to CONTRACTOR'. pardIase dJem)ffor iDoorporItioa in die Wort. Such inspections, taCI, or IppRJYaIs IbaI1 be performed by orpaizadoas KCCpCabIc to OWNER ad ENGINBER. B. If ENGINEER considers it ~wy or advisable dW cowred Wort be observed by ENGINEER or iaspecced 13.07 Correaion Period or rcated by odlen, CONTRACTOR, al ENGINEER', request, shall UDCOVer, expose, or otherwise make available A. If within one year after the date of Substantial for observatioa, inspection, or testing as ENGINEER may Completion or such longer period of time as may be require, that ponion of the Wort in questioa, furnishing aU prescribed by Laws or Regulations or by the terms of any necessary labor, material, and equipment. If it is found that applicable special guarantee required by the Conttact such Work is defective, CONTRACTOR shall pay all Documenrs or by any specific provision of the Contract Claims, costs, 1osse8, and damages (including but DOt limited Documenrs, any Wort is found to be defective, or if the ro all fees and charges of engiDeers, architects, attomcys, and repair of any damages to the land or areas made available for other professiona18 and aU coon or arbitration or other CONTRACTOR's use by OWNER or permitted by Laws and dispute resolution costs) arisiDg out of or relatiDg ro such Rel'''.tioas as t"1WIt"mplaled in parasrapb 6.II.A is found CO uncovering, exposure, observadon. iaspection. and testing, be defective, CONTRACTOR shall promptly, witbouc cost and of Ialisfactol)' repl-m_ or rec:oastrucdoo (mc1udiDs to OWNER and in accordaDce with OWNER', written but DO( Umirecl to all COItI of repair or repl~ of work iDstrucdoal: (i) repair sudl defedM land or areas, or (d) of CICbcn); aad OWNER IhaD be eadded folD appmpriate correct such defecdw= Work or, if die defective Work'bas cIeczaIe III die CoaIracc Price. If die parda II'C aaabIe fo beea rejected by OWNER. IeIIIOVe illmm'lbe Pmjec:t.ad acree .. fD Ibe IIIIOUIIIIbenlof. OWNER ilia)' IIIIb . aaJm lepllce Jr willa Wodc Ibat is aot defocthe, ad (ill) adstac- Chaefor as provided in paragnpb 10.o:S. If, ~,1Udl .....fDrily cornet or.npalr.or.l'eIIIlM:aDd IqJIace my cIImI&e fo Wort.. DOt found to be defecdw, CONTRACI'OR sbal1 be.'. odIa'.:Work., fIO tbe.WOJt:vf..OCbcn or 0Cber' lIIId ex' ... a1Iowed ID iDcrease intbe CoImct Price or ID elfCDSioa~f . ..rHllltil1l ~ ...IfmN1'RACI'OR does DO( promptly . cbe COatnct TUDeS (or MiIestoaes), or bocb. direct1y aan"but- comply. with '.dIe terms of'such iDStrucdoas, or ill 'ID able to such uucoveriDc, exposure, observation. iDspection. emergency where dcIay would cause seriOus risk of loa or . 1eItin&, n:plac:emeat, and m:oastruction. If die par1ia lie tbI"'-r, OWNER may haw=1be defec:dw Work c:orrecfed or unable CO agree as to the IIIIOUIIt or extem thereof, repaired or may have die rejected Wort ~moved and CONTRACTOR may make I Claim therefor as provided in replaced, sad aD CJaJms, costs, 1oaeI, .aud damage. panarapb 10.05. (iDcllldi", bill IIlJC limited to all rea ad charpI of ~, ~itecU, attomeyI, aad odIa' prof-n.-I. aad aD COUIt ex' Dift.rioa or oilier dispute resoIudoa COIU) Irisia& GIll of CI' ftbda& 10 IUCh corcecdoa or repair ex' such removal and replxtuear (mclntl"" but DOC limited to aU COllI of rqJIIr CI' ~ ofMd of odIen) will be paid by CONTRACI'OR. - E. If IDY Work (or die work o( ochen) dw is eo be iaspec:ccd, 1eSIed, or approved is covered by CONTRACTOR wichoUl wr1nen concurrence o( ENGINEER, il mUSl, i( requested by ENGINEER, be uncovered (or observalion. F. UncoveriD& Work IS provided in paragraph 13.03.E shall be ae CONTRACTOR's expense unless CON- TRACTOR bas given ENGINEER limely DOlice o( CONTRACTOR's inlention 10 cover the same and ENGI- NEER bas no( acccd with reasonable promplnCss in response 10 such DOlice. 13.04 Uncovering Worl: A. If any Work is covered conlcary eo the wriuen request of ENGINEER, it must, if requesced by ENGINEER, . be uacovered for ENGINEER's observation and replaced al CONTRACTOR's expeuse. 13.05 OWNER May Stop the Wort A. If die Wort is defective, or CONTRACJ"OR &iIs to supply suftica ddDed worbn CI' IUirahIe IIIIfaiaJI or equipmcm, or faDs 10 perform die Work in such I way Cbat tile completed Work will c:oaf'orm to Ibe Comnc:t Ot-.~. OWNER may order CONTRACI'OR to stop die Wort, or any ponion dIereof, uadllbe cause for such order has beca elimfnllted: however, Ibis ripI of OWNER to stop 00700 - 35 the Work shaU DO( give rise 10 any duty on the pan of OWNER 10 exercise chis riglll (or d1e benefit of CONTRACTOR, any SubconlnctOr, any Supplier, any orher individual or entity, or any surety for, or employee or agent of any of chem. 13.06 Correction or RemovtJ/ of Defective Wolt A. CONTRACTOR shall correce all defective Work, whelher or DOe fabricaeed, installed, or compleeed, or, if the Wort bas been rejeceed by ENGINEER, remove il from the Projecl and replace il widl Work that is DOl defective. CONTRACTOR sball pay all Claims, cosls, losses, and damages (inc1udin& but DOt Iimiled ro all fees and charges of engineen, archiceclS, attorneys, and other professionals and .aII coon. or. arbittation . or . ocher dispule resolution costs) . arising :out of or .relating .to..such correction or removal . (including but DO( Iimiced.1O all costs of repair or .repl~l1JeDe of wort of otben). B. III special cUcumstmca ~ . particular iIem of equipmem is placed in CODdauous semce before SvbInntflll . Compledon of aD die Wort, die c:omc;:JD periocf for dW item may start to nm from an earlier date if so provided in Ihc Specifications or by Wriuen Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced UDder this paragrapb 13.07, tbc correction period hereunder with respect to such Work will be extended for an additional period of one year afu:r such correction or removal and replacement bas been satisfactorily completed. D. CONTRACfOR's obligations under this paragraph 13.07 are in addition to any other obligation or wan-anry. Tbe provisioDs of this paragraph 13.07 sbal1 not be construed as a substiNte for or a waiver of the provisions of any applicable staNte of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal 3Dd replacemeDl of defective Work, OWNER (and, prior to ENGINEER's recommepfllfioa of fanal payment, ENGINEER.) prefen to accept it,' OWNER may do 10. CONTRACTOR shall pay all Claims, costs, losses, and "lIl1U1p (includiDg but DOt limited 10 all fees and charges of ~, architects, attorneys, aud other professionals and all coun or arbitration. or otbcr dispute resolution cosu) auributable to OWNER's evaluation of and detennination to ICCept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the dbninillhed value of the Work to the extent DOt otherwise paid by CONTRACTOR pursuant to Ibis semence. If any such ICCepIBDCC 0CCUl'I prior to ENGlNBBR's recomlft4ll!nttSlrion of filial ~ a ChSl'" Order wiJl be issued iDcorporatiDa die aecessary rcvislous ia tbe Coattacl Doaqrntll with Iapect to die WOIt, IIIIl OWNER IbaU be eadded to III -ftilopriare dec;:n:aK iii die CoaInct Price, IeOectiDI cbe dillllnw-l value of Wed 10 ICCepted.. If cbe pIdJes lie aaabIe to qree IS to cbe IIIIOUIIl cbereof, OWNEll may mab a CIaJm Ibcrefor IS pRwidecllD pansraph 10.05. If cbe .ccept-- occun after'such RCC)mllll'ft'hrinQ, au appmpriafe IIIIOUIIl wiD be paid by CONTRACTOR to OWNER. 13.09 OWNER May Con-ect DtjeCliw Wolfe A. If CONTRACTOR fails widIiD a reasonable lime .aft<< writtea.DOCice from .ENGINEER to correct defective Wed or to IaIIM IIIIl rqJIace Jejecfed Work IS requiIed by ENGINEER ia 8CCOI'daDce with panaraph 13.06.A, or if CONTRACTOR fails 50 perform cbe Wort.m ICCOt'daace wida die C4aInIcC ~.-nt., or II CONTRACI'OR IaiJI to comply wida my odIer jlfovisiaD 01 die CoaInct Doca~~ OWNER may, after sm:a days wriaea aodce to CONTRACTOR, correct aod remedy III)' such deflCieucy. B. In emdsiDa cbe ri&ID aDd remedies UDder chiI paracnph. OWtmR IbID proc:eecI ~doudy. In 00700 - 36 conaection with such corrective and remedial action OWNER. may exclude CONTRACTOR from all or pan of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services relatccl thereto,. taJce possessioD of CONTRACfOR's tools, appliances, con- strUCtion equipment and machinery at the Site, and incorpo- rate in the Work all materiaIs and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors. and ENGINEER and ENGINEER's Coasultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. .AIl Claims, costs, losses, and damages (including but DOt limited to all fees and charges of engineers, ard1it.ccIs, aaomeys. aud ocher.professionals and all court or arbitration or ocher dispute. resolution costs) incurred or sustained by OWNER in exercisiq the risJlts and remedies under this paragraph 13.09 wiD. be charged against CON- TRACTOR. aDd a Cwlge Order will be issued incorporating the neetSlary revisions in the Conttad Documents with respect to the Work; aDd OWNER sbaI1 be entitled to an appropriate decrease in dJe Conttact Price. If tbe parties are unable to agree as to the amount of Ihc adjUstment, OWNER may make a Claim therefor as provided in paragraph 10.0S. Such claims, costs, losses and damages wID include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacemeDl of CONTRACTOR's defective Work. D. CONTRACTOR sbaI1 DOt be allowed III eDalSion of die Coattact Times (or MilestoDes) because of lIlY delay in Ibe perfGnaaace oflbe Work aaribufabJe to die aadse by OWNER of OWNER's rigbrI ad remecIicI uadeI' cbiI panaraph 13.09. ARTICLE 14 --PAYMENTS.TO CONTRACTOR AND COMPLETION 14.01 Scheduk of VDluu A. The. schedule of values estiblisbecf as provided.in paragraph 2.fn.A wiD serve as the basil for .pmgraB paymeaIS IDd wiD be iacorporared iato a form of Applicatioo for PayJDaIl acceptable to ENGINEER. Propas paymeDlI oalCCOUDl of VDk Price Work will be based OIl the DIIIDbec of aaiCI c:omp1eCed. . . , 14.02 Progress Paymenrs A. Appl;cQ/;ons lor Payments I. At least 20 days before the date established for each progress paymem (but DOt more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supponing documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in rhe Wort but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Paymenl shall also be accompanied by a bill of sale, invoice, or other docu- mentation warrantiog that OWNER bas received the materials and equipmenl free aDd clear of aU Liens and evidence dlat the materials aDd cquipmem are covered by appropriate property iDsurm:e or ocher arrangements to procect OWNER', interest therein, all of whic:h must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on accoUnl to discharge CONTRACTOR's legitimale obligations associated with prior Applications for Payment. 3. The IIDOUIII of retaiDage with respecl to pro- pas paymenIS will be as Itipu1ated in the Agreemeut. B. Rniew of Appliaztions 1. ENGINEER will. widdD 10 days after receipt-of . each AppIicadoa for Paymeal. eidIer Indi~ in wridag. I I"CCOIIIDIeDda of paymeal aad present: cbe Application to OWNER or retum the Application to CONTRACTOR iadicatiDa in writiDa ENGINEER's rcuons for refusing to recom.mead payment. In the laner cue, CONTRACTOR may make the ~ISary corrections and resubmit the Application. 2. ENGINEER', rec:omnv'-lIlhdoo of 111)' paymeat requesced in In AppIicaDoa for Payment will constitute I represeawioa by ENGINEER ro OWNER. based on ENGINEER', obIctvadons 011 dJe Site 0( die exccurcd Wort.. mapeaieaccd IIId qualified desfp prvfessioa- .. UId oa ENGINEER'. .mew 0( die Applicatioa for Paymeu aad die IlCCOIIIpIII)'i data IDd schedules, dw ID Ibe best of ENGINEER', bIowIedge, iaformadoa aDd belief: 00700 - 37 a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Conlract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a fmal determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications Slated in the recommendation); and c. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGI- NEER will DOt thereby be deemed to have represented that: (i) inspections made to c:beck rbe qualicy or rbe quantity of die Work as it has beea performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically ISsiped to ENGINEER in the Contract Documents; or (il) that there may not be other matters or issues between the parties that might emitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold paymem to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR', Wort for tile purposes of recom. m~i,,& paymems DOr ENGINEER', 'recomrnl'!lld-tion of my pI)'IIIeIIt. iDcludias fiDaI pI.)'IIIeItt. wiD impose reapoasibiIiI:y OIl ENGINEER ro superriIe. cUrect. or cammllbe Wart or far Ibe -. medaodI,. rec:Imiques, '.: sequeacft,:or pmcedures of.coasuacdoa. or Ibe safety .' . .':.' ~ ad proatawl. fntoideat 1bereto, or for CON- : TRACI'OR!, failure to:anaply widl LawlIDd Regu- lations applicable to CONTRACI'OR's performaace of dJe Work. Additionally, said review ci rec:oDllDelldation wiD DOC impose responsibility 011 ENGINBBR to mate 111)' enwnillJl(ioD to ucertaiD bow or for wbaI purposes CONTRACI'OR bas used tile IDaIIeYI paid on ICCOUDt of cbe Conlncc .Price, or to defermiae Ihat title ro my of cbe Work, materials, or equjpmem bas passed to OWNER free aDd clear of 111)' Uau. 5. ENGINEER may refuse to recomllV'-lld rbe whole or my pan 0( my paymeal if, III ENGINEER'. opiDioa. II MJUIcf be lDcotag(l( ro mate cbe ~- tioas ro OWNER referred 10 Ia paragrapb 14.02.B.2. ENGINEER may also refuse ro r=ommeud my such paymeat art because of IUbsequeady discovered evideaee or die resuIfI of IUbsequeOl ~ or fatS, A. WheD CONTRACTOR coasiden the endre Work ready for its inteDded use CONTRACTOR sba1l DOtity OWNER and ENGINEER in wriliq that the CDtire Work is substaDtia1ly complete (CKCpl for items specifu:a1ly listed by CONTRACI'OR as incomplete) aDd ~ tbat ENGINEER issue a certificate of SubstaDtiaI Completion. Promptly thereafter, OWNER, CONTRACI'OR, aDd ENG~EER sbal1 make aD inspectiOD of the Work to detel'Il1iDe the statuS of completioD. If ENGINEER does DOt consider the Work substaDtially complete, ENGINEER will DOtify CONTRACI'OR in writing giving the I'CISODS therefor. If ENGINEER CODS~ Ibe Work mbst,ntilllty complece. ENGINEER wiD prepue aad deliver to OWNER . temadve cer1ificare of S\Jbsbntilll CompJetioD which abaIl fix die date of Sut.t,ntilll CompletioD. Tbcre IbaJ1 be .~ to cbe cenificare.. teIItId\oe .list _ of .items to be compIered or b. LieaI haw beeD filed in coaaec:doa wilb:cbc---.~ axrccted 'Wcxc mal~ 'OWNER IbaIl haw IC\"CIl Work, except MIeR CONTRACTOR bas delivered . .days:after receipt of.the taItadve certi&are during wbid1 to . specific DoDd sadsfactory to OWNER to secure make wriUeD.objecUOIt.to ENGINEER II to my provisioas the satisfactioD aDd disc:barge of such Liens; of the cenific:ate or attacbecllist. If, after CODSidcriD& such objecdous, ENGINEER CODCludea tbat die Work is DOC c. there arc ocber ilems CDtidiDg OWNER to substantiaUy complete, ENGINEER will widIiD 14 days after alCt<<f against the IIDOWIl recommeDdccl; or submissiOD of tbe tentative certificate to OWNER DOtify CONTRACTOR ill wridDg, IWiD& the reasoas tberefor. If, after coasideratioD of OWNER', objecdoal, .ENGINEER c:oasiderl tile Work plMtllntilllly complete, ENGINEER wiD widliD said 14 days execute aod deliver to OWNER aad CONTRACTOR . defiDidvc certificate or SubsturiSlI Compledoa (willi . reviled laIWive list of iraDI to be compIcfed 01' comc:recI) ~ IUda ..u'P from die taIIIdve ccrtificafe as ENGINEER believes jusdfied after c:oasideradoD of aD)' objectiODs from OWNER. AI. tbe time of deU\'ay of tbe taUdYe c::a1ificarc of SUbstaotiII Comple- tion ENGINEER will deliWI' to OWNER aad CONTRAC- TOR . wrtum leCIC.""~sfVwa II to diYisiaa of rapoosibiIi- revise or revoke illY such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work bas been damaged, requiring correction or replace- ment; b. the Contract Price bas been reduced by WrineD Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER bas actual knowledge oCiIle oc:curreace of III)' of tbc evenIS eoumerated in para- graph lS.02.A. C. Paymenl Becomes Due 1. Ten days after presentation of the Application for payment to OWNER with ENGINEER's recom- meod,tion, the amoum recomnY.oded will (subject to the provisions of paragraph 14.02.0) become due, and when due will be paid by OWNER to CONTRACI'OR. D. Reduaion in PaymenJ 1. . OWNER may refuse to make payment of the full amouDl recolllJDeDded by ENGINEER because: a. claims haft been made against OWNER OD accouDl ofCONTRAcrOR', performance or fur- DisbiDc of Ibc Wort; d. OWNER has adUal knowledge of tile occur- . IaICC of my of die ew:ma CDIIIIICrIIed in paracrapbs 14.02.B.5.. darougb 14.02.B.S.c or paragraph IS.02.A. 2. If OWNER mfUscs to .. paymeal of tbe full UDOUIIi rcc:om-Nwt by ENGINEER. OWNER must gift CONTRACI'OR. hnn-'i.llfe wriaal DOCice (wicb . copy to ENGINEEIl) ICadD& die reasons for aucb actioo and prompCIy pay CONTRACI'OR. my IIDOWIt re"ltlln"" .. cklducdoa of Ibc IIDOUIII 10 witbbdd. 00700 - 38 OWNER shall prompdy pay CONTRACTOR the amount so withheld, or &II)' IdjustmeDl thereto agreed to by OWNER and CONTRACTOR, wbcn CONTRAC- TOR corrects to OWNER's satisfactioD the reasoas for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amoum due as detennined by paragraph 14.02.C.1. 14.03 CONTRACTOR's Warranty olntle A. CONTRACTOR warrants and guarantees that tide to all Work, materials, and equipment covered by any Application forPayment,.wbetber incorporated ill the Project or . DOt, wiD pass to' OWNER. DO 1aler than the time of paymeDt free aDd-clear of-all Ueas. 14.04 SubstanliaJ Completion ties peodiaa rmal paymeDt between OWNER and CONTRACTOR with respeclto security, operation, safety, aad procectiOD of the Wort, maiDtenance, heal, ulilities, iDsuraDce, and warranties and guarIDleeS. Unless OWNER and CONTRACTOR agree olherwise in wriling and so iDform ENGINEER in writin& prior to ENGINEER's issuing lbe definitive ceniracate of SubsW1liaJ Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until rmal paymenl. B. OWNER shaJJ have lhe righl 10 exclude CONTRACTOR from lbe She after lhe dale of Substanlial Completion, bUl OWNER shall allow CONTRACTOR reasonable access to complele or correcl hems on lhe tenW.ive list. 14.05 PaniDI Uri/ilQJion A. Use by OWNER at OWNER', option of any substanlia1Jy compleled pan of lbe Work which bas specifu:aJly been identified in lbe Coattaa Documeau, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable pan of the Wort that can be used by OWNER for its intcllded purpose witbout sipificaDl interference wilh CONTRACTOR's performance of lbe remainder of rbe Work, may be accomplisbcd prior 10 Substantial Completion of all the Work subject to the following conditions. 1. OWNER at any lime may request CON- TRACTOR in wriq.1o permit OWNER to use any such put of lbe Wort which OWNER. beficves to be lady for ill inteDded use and substamiaIly complete. If CONTRACTOR ~ dIIllUda put of lbe Work is IIIbstandally complete, CONTRACTOR wilJ cenify to OWNER lad ENOINBER ....1IIda pili of Ibe Wart is .~11y ~ aad RqUeIl ENGINEER to iaue · ccrdficafe of SulHf.nti.' CompIedoa far dill part of. die WOIt. CONTRACTOR at any.time may nocify OWNER and ENGINEER in writiDa dw CONTRACTOR COIISidcn any such pan of die Wort ready for its iuteDded use and sm.Jlnti.1fy compIele and RqUest ENGINEER ro issue . cenificate of Suba.nti.-J CompletiOD for chat pan of die Wort. W"atbia a rusonable time after either JUCh request, OWNER, CONTRACTOR, and ENGINEER sbaU make an i~ of dial pan of Ibe Work ro derennine its aus of completion. If ENGINEER does DOC coasider that part of Ibe Work ro be aubaraadaUy complete, ENGlNEmt will aaciIy OWNER and COHTRACJ'OR ba wrida& IfYinc Ibe reuoas lbetefor. ICENGINEER COIIIiden dill part 0( Ibe Work to be sulJaaadaDy complete, die provisioas of pmanph 14.04 will apply wida Iapecc to ceniticadoa of SvlHtllllfi.1 CotupJecioa of rUt part 0( Ibe Wort and Ibe dMsioa of rapoasfbiJi!y Ia rapecc dJcreof ad access dIemo. 00700 - 39 2. No occupancy or separale operalion of pan of the Wort may occur prior to compliance wilb Cbe requiremenu of paragrapb 5.10 regardina propeny insurance. 14.06 Final InspeC/ion A. Upon wrinen DOlice from CONTRACTOR tballbe entire Work or an agreed portion lhereof is complete, ENGINEER will prompdy make a rlDal inspection wilb OWNER and CONTRACTOR and will nOlify CON- TRACTOR in writing of all paniculan in which Ibis inspcctiOD reveaJa dw die Wort is incomplete or defective. CONTRACTOR sball imnvo4ialely laIce such measures as are necessary ro complete such Work or remedy sucb deficiencies. 14.07 Final PaymenJ A. AppliCllliDn IDr Payment I. After CONTRACTOR bas, in Cbe opinion of ENGINEER, satisfactorily compleled all corrections identirled dllliDg the rmal inspectiOD and bas delivered, in accordance wilb the Contract Documems, all main- tenance and operat:iug insuuctiODS, schedules, guaran_ lees, Bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in paragaph 6.12), and other cfocumems, CONTRACTOR may make application for fmal paymeaHollowiD& tbe procedure for progress paymentl. 2. 1"he fmal Applicadon for Paymem Iha11 be ~niM (CKCept u previously deli~ by: (i) III """'~ ClUed far ba Ibe CoaInct ~'GIeIdI, indudiaa bat DOC Umired to Ibe CYideuce of b-~ . nquinld'by ............5;04.8.7i (Ii) 0DIIICIIt oflbe . aIetJ,.if aqy, 1D.1iaaJ payIDl:IIf; ad (iii) complete Jnd .1cpDy dr~..RIeuea'or waiYen' (adIfacrmy to .. OWNER) of iD Uea'riprs'ariaiq out of or I...ieDa filed in c:onaectioa withlbe Work. 3. In lieu 0( the releases or waivcn of I.Jens specified in paraarapb 14.07.A.2 and u approved by OWNER. CONTRACTOR may fumish recefpcI or Ideascs in Wad ID IftidaW of CONTRACI'ORdw: (i) Ibe reJeasa ad receiprainc1ude aU labor, acnices, mataiaJ. ad equipmaIl for wbida . Liea could be filed; aDd (01 aD payroI&, material ad eqaJpmem billl, ad orber hadebtMtwl mlnecred trida die wort for wfIlda OWNER or OWNER'. ~ mJpt Ia III)' way..be "MibIe 11M beea paid or odJerwIse adsfied. If III)' SubcoaInctGr or Supplia' faDs to fundsb sacb . release or receipt Ia full, CONTRACJ'OR.may furDida . load or odJa' coUatmJ IIdafactOIy to OWNER to iacfMnttlfy OWNER apiast III)' LIen. . . B. Review 01 Application iJNJ AcceplQ/lce I. If, on Ihc basis o( ENGINEER's observation o( the Work during construCtion and nnal inspection, and ENGINEER's review of the (mal Application for Payment and accompanying documentation as required by the ContraCt DocumenlS, ENGINEER is satisfied dlat the Work has been completed and CONTRACTOR's other obligations under Ihc Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the (mal Application for Payment, indicate in writin& ENGINEER's recommendation of payment and present the Application for Payment to OWNER (or pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER win return the Application for Payment to CONTRACTOR, indicating in writing the reasoDS for :-efusina to recommend fmal payment, in which case CON- TRACTOR sball make the necessary corrections and resubmit the Application for Payment. C. PayIMnJ Becomes Due 1. Thirty days after the presentation to OWNER of the Application for Payment and accompanying docu. mentation, the amount recommended by ENGINEER will become due and, when due, will be paid by OWN- ER to CONTRACTOR. 14.08 Fwd Compktion Delayed A. If, through DO fault of CONTRACTOR. fmal complecio1l of the Wode is 1.&Jl;fitoJtnrly delayed, and if ENGINEER 10 caafimII, OWNER IbaIl. upoa receipt of CON1'llACJ'OR'I fiul Applicltbl foI' PayIDID aad reoom--'lIfInn of ENGINEER. _ widIaullerm~ die. AgnlemeDf, mab pajmcm or tbc baJaDce clue for dill ponioD of Ibe Wort fully completed aad ac:c:cpced. If the l'r"t1ining ~I~ to be held by OWNER for Work DOt fully completed or corrected is less dwl the retainage stipulated in me Agn:emeat, aad if Boads bave been fumisbcd as required in paragraph S.01, the wriaen CODSCDt of the surety to the paymeal of Ihc hlllI~ due for that portion of Ihc Work fully completed and KcepCed sball be submitted by CON- TRACTOR to ENGINEER wid1 die Applicatiml for such paymeDl. Suda paymeDl abaU be made UDder the tenDS and coadidoDI govemiD& fiDaI paymeal, elU:ept that k.1baJ1 DOC coasticur.e . waiver of Claims. - 14.09 WaJwr '" Ooltu 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arisiq from unsettled Uens, (rom defective Work appearing after fmal inspection pursuaDlto paragraph 14.06, from failure to comply with the CoDttaCt Documents or the terms of any special guaranteeS specified therein, or from CONTRACTOR's continuing obligations under the ContraCt Documents; and 2. a waiver of all Claims by CONTRACTOR against OWNER other than those previously made in writing which arc still WlSettled. ARTICLE IS - SUSPENSION OF WORK AND TERMINATION IS.01 OWNER May Suspend Wolt A. At any time aDd without cause, OWNER. may suspeud the Work or any. portion thereof for a period of DOt more than 90 consecutive days by notice in writing to CON- TRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR sba1l resume the Work on the date so fJ.XCd. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the ContraCt Times, or both, directly attributable to any such suspension if CONTRACTOR malccs a Claim therefor as provided in paragraph 10.0S. IS.02 OWNER May TermintJleloT Cmae A. 1be oc:currence of Ill)' ODe or more of the following evems will justify termiDation for cause: .1. CONTRACfOR'. penistc:aI faihR to perform . . -. . .the 'W_'iD'lCCORIaDce~ the CoaInct Docurrms . ;". (illdudiD&. buUIOl Iimifal to, faihR to supply JUfficieDl sldllecl..workcrs' or..suitable marcria1s or.equipmcDt or failure to adhere to the progress achedule establisbed UDder paragraph 2.07 as adjusted from time to time punuanl to paragraph 6.04); 2. CONTRACTOR', disregard of Laws or Regulations of any public body baviD& jurisdiction; 3. CONTRACTOR's disregard of the audJority of ENGINEER; or of. CON11tACTOR'1 violadoa In aay JUbstaDdal , way of any provisioas of the Cootract DocumeaU. B. If oae or more of die evems lcIeadfiecIln pangnpb 15.02.A ocx:ur, OWNER may, after givia& CONTRACI'OR (aad die 1Ul'dy. if my) JeVeIl days wriUal DOdce, fa1DiDate 00700 - 40 A. The mslnl1g _ acceptaDCC of fmal paymeal will c:oastitute: dae services of CONTRACTOR, exclude CONTRACTOR from the Site, and cake possession of the Worle and of aU COl'O'RACTOR's tools, appliances, c:oostruction equipment, and D'I.,.hi~ry at the Site, and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Worle all materials and equiplDCm stored at the Site or for which OWNER has paid CONTRACTOR but which arc stored elsewhere, and fU1i.sh the Worle as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Worle is fmished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, artonIe)'S, and other professionals and all coun or arbitration or other dispute resolution costs) sustained by OWNER arisiDg 0Ul of or relating to completing the Work. 'such excess will be paid' to CONTRACTOR. If such claims, costs, IOSSCI, IDd damages exceed such UDpaid balance, CONTRACJ'OR sbaII pay the difference to OWNER. Such claims, cosu. Iossea, aDd damages iDcurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, wba1 so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER. shall DOt be required to obtain the lowest price for tbe Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any riabts or remedies of OWNER against CONTRACTOR then exUtiDg or which may thereafter accrue. Any retention or paymeat of moneys due CONTRACJ'OR by OWNER will DOC release CONTRACJ'OR fJOm liability. 15.03 OWNER May Terminllle For CoflVt1li~e A. t1pcIIlleVal days wriaaa DOdce to. CONTRACJ'OR ad ENGINEIm, OWNER IDlY, widIom ~ aad'JridJout prejudice to lIlY odJer right 01' remedy of OWNER. elect to tenDiD.ue Ibe CoattacL In such case, CONTRACTOR shall be paid (\lVitbout duplication of any items): . engineers, architects, attorneys, and olher professionals and all coun or &!biuatioD or other dispute resolution costs) incurred in settlement of terminated CODUaCts with Subcontractors, Suppliers. and others; and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall nol be paid on account of Joss of anticipated profits or revenue or olher economic loss arising out of or resulting from such tennination. 15.04 CONTRAC/'OR May SlOp Wolt or Terminale A. If, through no act or fault of CONTRACTOR, the Work is suspended for more.:.tban '.90~consecutive days by OWNER m::under.auonferof counor..otbcr!public.autborky, or ENGINEER fails 10. act. '011 any.Appljcadoa for Plymem widUn 30 days afteril'.is .submitted...or OWNER fails for 30 days to pay CONTRACTOR any IUIIl fmally delerJlUued 10 be due, lhen CONTRACJ'OR may. upon seven dayI wriaen notice 10 OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspensiOD or failure within that time, terminate the Contract and recover from OWNER payment OD the same terms u provided in paragraph 15.03. In lieu of termirillting the Contrad and without prejudice to any other right or remedy. if ENGI- NEER bu failed to act on an Application for Payment within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any IUIIl finally deten:lliaed to be due, CONTRACJ'OR may, seven days after wriIrca DOCk:e to OWNER and ENGINEER, slOp the Work UDdI pa)'lllall is made of aD such IIDOUDtI due CONTRACI'OR, iDcJudiDa interest tbereoa.. The pnwisiODs of this paninph 15.04 are DOt intended to preclude CONTRACTOR from. mJl~ . Claim UDder panpph 10.OS for an ~ ill CoaInct Price 01' CcIan:t T'IIIICI 01' odawise.far~ ar~ dim:dy mrrn.IfJlbJe1D,OONTRAc:roR!..:,<<opp~. Wort u permitted by Ibis panpph. .. . ARTICLE 16 - DISPtrrE RESOLVTJON- I. for eompIefed and acc:eptabJe Wort eucuted in acc:ordance with die Coattact [)nrJlmetlts prior to the effective dare of cermination. iDcIudia& fair and 16.01 Me/hods and Proceduru reasoaable sums for overbead and profll on such Work; 2. (or ~ IIlCfllined prior to tbe ctrecdve date o( ferndfUldoa in performiaa senic:a aDd fumisbinc labor, materials, or equipaar as required by the CoIdnci Dt-____ ia co~ wifh uncompleted Wort., plus fair ad ft'UJaabIc sums (or overhead IDd prorll 011 such expeusn: 3. (or aD cWms. costs, losses, and damages (mclucfiDa but DOt limited to aD fea IDd charges of 00700 - 41 A. Dispute reaohllioa mecbods and proccdurea. if any, sbaII be u see forth fa die Supplementary CoadidOlll. II DO method and procedUR has beea see forda, aDd IUbjecc to die provisions of paragnpbI 9.09 aDd 10.05, OWNER ad CONTRACTOR IDlY exercise such ripca or ~re. u eitber Iby ocberwise have UDder die Coatract Dt-I~ or by Laws or Reguladoas in respect of any dispute. ARTICLE 17 - MISCElLANEOUS 17.01 Giving Notice A. WhcDcvcr any provision of the Contract Documents requires the giving of written notice. it will be deemed to have been validly given if delivered in person to the individual or to a member of the fmn or to an officer of the corporation for whom it is intended. or if delivered at or sent by registered or cenificd mail, postage prepaid. to the last business address known to the giver of the notice. 17.02 Computation of limes A. When any period of time is referred to in the ContraCt DocuJlV"ftI$ by days, it will be computed to exclude the rust aad iDclude cbe last day of such period. If Cbe last day of uysuch period faDs on a Saturday or SuDday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. Tbe duties and obligatioos imposed by these Geueral Conditions and the rights and remedies available hereunder to the parties heretO arc in addition to, and arc not 10 be constrUed in my way as a limitation of, any rights and remedies available to my or all of them which are otherwise imposed or available by Laws or Regulations, by special wamal)' or guaraatee, or by other provisions of the Coattad I)ocumeIItA. aDd the proviaioDs of this paragraph wiD be as cffecdYe as if repeI~ specifically in the Coatrad DoeumI!ftM in c:oaaectioI1 with each particular duty, obliptlon. rigbt. aDd remedy to wbk'h they apply. 11.04 SunIWIl D/ ObllgtltilN A. All represeotatioas. iDdemDificatiOD. WII1'UItiea. aDd guarautees made in, required by, or given in .ccordance with cbe Coa&ract DocuP'!"U, as weU as aU continlli..g obligadons indfl~ in Cbe Caattact ~t., will survive fmal paymal. comp1ctioD. and acccptIDCC of !be Work or tcrmiDatioD or completion of Cbe Agreement. 17.OS ControUing lAw A. 'Ibis Coauact is to be govcmcd by die law of die state in which the Project is Jocar.ed. , 00700 - 41 181 ST ACTIVE PARK APRIL 10, 2005 SECTION 00800 SUPPLEMENTARY CONDITIONS The following supplements modify, change from or add to the Standard General Conditions of the Construction Contract, EJCDC Document 1910-8, 1996 Edition. Where any Article of the General Conditions is modified or any Paragraph, Subparagraph or Clause thereof is modified or deleted by these supplements, the unaltered provisions shall remain in effect. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY Add the following sentence to 1.28 Notice of Award: "When requested by OWNER, the Notice of Award may be issued by the ENGINEER. n Add the following sentence to 1.29 Notice to Proceed: "When requested by OWNER, the Notice to Proceed may be issued by ENGINEER. n Add the following terms after Paragraph 1.50: 1.51 ARCHITECT/ENGINEER - The person, firm or corporation named as the ENGINEER in the Agreement. 1.52 Provide - As used in the Project Manual, means to furnish and install, complete and ready for intended use. 1.53 Product - As used in the Project Manual, includes materials, fabrications, systems and equipment. 1.54 Project Manual - The volume of written construction documents, including the Bidding Documents, sample forms, and the Contract Documents, such as the Conditions of the Contract and the Specifications. ARTICLE 2 - PRELIMINARY MATTERS Add the following to Paragraph 2.01.: "If the Work is to be commenced prior to execution of the Agreement in response to a letter of intent, CONTRACTOR shall, prior to commencement of the Work, submit evidence satisfactory to OWNER that such bonds will be furnished. n In the first line of Paragraph 2.02., change the term "...ten..." to read "...six... n. Delete Paragraph 2.03. and replace with the following: 2.03. The date of commencement of the Work is the date established in a Notice to Proceed. If there is no Notice to Proceed, it shall be the date of the OWNER-CONTRACTOR Agreement or such other date as may be established therein. Add the following to Paragraph 2.05.: D. CONTRACTOR shall perform no portion of the Work at any time without Contract Documents or, where specified, approved Shop Drawings for such portion of the Work. SUPPLEMENTARY CONDITIONS 00800-1 181ST ACTIVE PARK APRIL 10, 2005 E. By executing the Contract, CONTRACTOR represents that he has visited the site, familiarized himself with the local conditions under which the Work is to be performed, and cor- related his observations with the requirements of the Contract Documents. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE Add the following to Paragraph 3.02.A.: 3. Sections of Division One - General Requirements govern the execution of all sections of the Specifications. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS In Paragraph 4.02.A., change the term "...Supplementary Conditions..." to read "...bidding requirements...". In Paragraph 4.02.B., change the term "Supplementary Conditions..." to read "...bidding requirements...". ARTICLE 5 - BONDS AND INSURANCE In the first line of Paragraph 5.04., following the word "...maintain..:, insert the words, "...in a company or companies licensed to do business in the State of Florida,...". In the last line of Paragraph 5.04.A.6., following the word "...vehicle.", insert the words...1"..., or arising out of operation of laws and regulations for damages because of bodily injury or death of any person or for damage to property." Add the following after Paragraph 5.04.B.7.: 8. Include all major divisions of coverage and be on a comprehensive basis including: i. Premises Operations (including X, C and U coverages as applicable. ii. Independent contractor's Protective. iii. Products and Completed Operations. iv. Personal Injury Liability with Employment Exclusion deleted. v. Contractual Liability. vi. Owned, non-owned and hired motor vehicles. vii. Broad Form property Damage including Completed Operations. 9. Provide coverage for not less than the following amounts. a. Workers' Compensation, etc. under paragraphs 5.4.1 and 5.4.2: 1. State Statutory 2. Applicable Federal (e.g. Longshoreman's) and/or Maritime) Statutory SUPPLEMENTARY CONDITIONS 00800-2 1819T ACTIVE PARK APRIL 10, 2005 3. Employer's Liability $ 100.000.00 b. Contractor's Liability Insurance under Article 5.4, which shall also include completed operations and product liability coverages and eliminate the exclusion with respect to property under the care, custody and control of Contractor: 1. General Aggregate (Except Products - Completed Operations) $ 1.000.000.00 2. Products - Completed Operations Aggregate $ 1.000.000.00 3. Personal and Advertising Injury (Per Person! Organization) $ 1.000.000.00 4. Each Occurrence (Bodily Injury and Property Damage) $ 1.000.000.00 5. Property Damage liability insurance will provide Explosion, Collapse and Underground coverages where applicable. 6. Excess Liability General Aggregate $ 1.000.000.00 $ 1.000.000.00 Each Occurrence c. Automobile Liability under paragraph 5.4.6: 1. Bodily Injury: Each Person $ 1.000.000.00 $ 1.000.000.00 Each Accident Property Damage: Each Occurrence $ 1.000.000.00 OR SUPPLEMENTARY CONDITIONS 00800-3 181ST ACTIVE PARK APRIL 10, 2005 2. Bodily Injury and Property Damage Combined Single Limit: Each Occurrence $ 1.000.000.00 $ 1.000.000.00 Aggregate d. Additional liability coverage for OWNER and ENGINEER shall be provided by endorsement as additional insureds on Contractor's General Liability Policy. Add the following names: OWNER - City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 ENGINEER - Calvin, Giordano & Associates, Inc. Engineers, Planners & Surveyors 1800 Eller Drive, Suite 600 Fort Lauderdale, Florida 33316 OTHER- The additional liability coverage for ENGINEER is not to be construed as to requiring, in any way, that either OWNER or CONTRACTOR be obligated to supply insurance protecting ENGINEER for its liability emanating from professional errors or omissions. In conformance with the requirements of Section 725.06, Florida Statutes, the specific considerations for CONTRACTOR's promises are: a. One dollar ($1.00) in hand paid by OWNER, ENGINEER, and ENGINEER's employees to CONTRACTOR, receipt whereof is hereby acknowledged and the adequacy of which CONTRACTOR accepts as completely fulfilling the obligations of OWNER, ENGINEER, and ENGINEER's employees under the requirements of Section 725.06, Florida Statutes, and; b. The entry of OWNER and CONTRACTOR into the construction contract because, but for CONTRACTOR's promises as contained in the General Conditions, OWNER would not have entered into the construction contract with CONTRACTOR. Add the following after Paragraph 5.06.E: F. The form of policy for this coverage shall be Completed Value. G. If under the provisions of this insurance there are mandatory deductibles, or if OWNER elects to increase the mandatory deductibles or purchase this insurance with voluntary deductible amounts, then OWNER shall be responsible for payment of the full amount of the deductible in the event of a paid claim. SUPPLEMENTARY CONDITIONS 00800-4 1818T ACTIVE PARK APRIL 10, 2005 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Add the following after Paragraph 6.05.F: G. The use of asbestos or asbestos-based fiber materials is prohibited in this Project. Add the following after Paragraph 6.0B: 6.0B.A. The OWNER will secure and pay for only the following governmental charges and inspection fees: a. special assessments, b. capital connection fees, c. threshold and special inspection fees, d. permanent utility meter installation fees, e. permanent utility hook-up fees, and f. impact fees. 6.0B.B. CONTRACTOR shall pay for all building permits and charges of utility owners for connections to the Work, and OWNER will pay charges of such utility owners for capital costs related thereto such as plant investment fees. Delete the last sentence of Paragraph 6.12. and substitute the following: "These shall be available to ENGINEER for examination during construction and shall be delivered "to ENGINEER for OWNER upon Substantial Completion of the Work." At the end of Paragraph 6.13.B, add the following sentences: "The Occupational Safety and Health Administration excavation safety standards, 29 CFR 1926.650 Subpart P trench safety standards are in effect during the period of construction of the Project. In compliance with current State of Florida statutes, the Contractor or subcontractor performing trench excavation work on the Project shall comply with the applicable trench safety standards. II In the sixth line of Paragraph 6.20.A., change the parenthetical insert to read as follows: "...(including but not limited to fees and charges of ENGINEER, other engineers, architects, attorneys and other professionals, particularly including, but not limited to reasonable ENGINEER's attorney's fees, and court costs)...". ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION Change the first sentence of Paragraph 9.01.A. to read as follows: "If OWNER and ENGINEER agree, ENGINEER will be OWNER's representative during the construction period. n ARTICLE 10 - CHANGES IN THE WORK; CLAIMS Add the following: 10.06. Without invalidating the agreement, Owner may, at any time execute appropriate Change Orders for additions and/or deletions in the work of up to 25% of the total contract amount, without a change in the contract unit prices bid. SUPPLEMENTARY CONDITIONS 00800-5 181ST ACTIVE PARK APRIL 10, 2005 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.03. TEST AND INSPECTIONS: Replace 13.03.B. with "All testing shall be paid for by the Contractor." Add the following sentence to Paragraph 13.07.A.: "Specific and special warranties specified in the Contract Documents are in addition to, and not in lieu of, the contractors general warranty. CONTRACTOR shall not be relieved of general warranty obligations by the specification of specific products or procedures." 13.09. OWNER MAY CORRECT DEFECTIVE WORK: Change the first line from: If Contractor fails within a reasonable time after written notice of Engineer... To read: If Contractor fails within ten (10) calendar days after written notice of Engineer... ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION In the first sentence of Paragraph 14.02.A.1., change the phrase "At least twenty days before each progress payment is scheduled (but not more often than once a month), ..." to read "By no later than the first day of the month, ...". Add 14.02.A.4: "An original Partial Release of Lien is required from the General Contractor along with the application for Payment No. 1 and for each subsequent application thereafter. For each application for payment (excluding Application No.1) the Contractor shall submit with the application Partial Releases of Liens for all Notice to Owners that have been received for the project by the Owner and Engineer". In Paragraph 14.02.B., change the beginning of the sentence from "Ten days..." to read "Forty- five days...". In the first sentence of Paragraph 14.05.A.2., following the word "...Work...", insert the words "...or to place and install equipment...". At the end of Paragraph 14.07.A.2. after, ...with the Work. Insert, "(iv) acceptance by the Owners and governing agencies." ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION In the twentieth line of Paragraph 15.02.8., insert the following after the words...such excess...; "...(including but not limited to fees and charges of ENGINEER, other engineers, architects, attorneys and other professionals, particularly including, but not limited to reasonable Engineer's attorney's fees, and court costs)...". SUPPLEMENTARY CONDITIONS 00800-6 181ST ACTIVE PARK ARTICLE 16 - DISPUTE RESOLUTION Delete in its entirety. ARTICLE 17 - MISCELLANEOUS Add 17.05.8: "The venue for any cause of action shall be Dade County." END OF DOCUMENT SUPPLEMENTARY CONDITIONS APRIL 10, 2005 00800-7 18151 ACTIVE PARK THIS PAGE LEFT INTENTIONALLY BLANK. SUPPLEMENTARY CONDITIONS APRIL 10, 2005 00800-8 1818T ACTIVE PARK APRIL 10, 2005 SECTION 00900 Addendum No.1 to Contract documents CITY OF SUNNY ISLES BEACH 181sT DRIVE ACTIVE PARK 18115 NORTH BAY ROAD MLA PROJECT NO.: 114122 CITY BID NO.: 05-04-01 To All Bidders: Bidders for the above-referenced project shall take note of the following changes, additions, deletions, clarifications, etc. to the Plans and Specifications, which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. All other documents, specifications, drawings, terms and conditions remain the same. Bidders must acknowledge receipt of Addendum on Page 00300-3. END OF SECTION ADDENDA 900-1 181ST ACTIVE PARK ADDENDA THIS PAGE LEFT INTENTIONALLY BLANK. APRIL 10, 2005 900-2 Cs1+r1st Ciry Commission City of Sunny Isles Beach p aor \s Norman h lerlVi M°m18070 Collins Avenue Lewis J.Thaleq Vire Mayor 0 Sunny Isles Beach, Florida 33160Roslyn Brezin:Commissioner Gerry Goodman,Commissioner 1305) 947-0606 City Hall Danny Iglesias,Commissioner et of.° 1305) 949-3113 Fa% Christopher J.Russo,CityManager r tow` 1305) 947-2150 Building Department Hans Gtlinot,City Attorney rk of sun ^"� 1305) 947-5107 Fax Jane A.Hines,Guy Clerk MEMORANDUM TO: The Honorable City Commission of._FROM: Christopher J. Russo, City Manager DATE: July 14, 2005 RE: Award of Bid No. 05-04-01 1W'Drive Active Park to Siltek Group, Inc. RECOMMENDATION It is recommended that the City Commission adopt the attached resolution awarding Bid No. 05- 04-01 181 ' Drive Active Park to Siltek Group, Inc. ("Siltek") and authorizing the City Manager to negotiate and enter into an agreement with Siltek for the construction of the Active Park. REASONS The City wishes to develop the 181 at Drive Active Park, located on 18115 North Bay Road, as a public recreation facility consisting of a baseball field with lighting, perimeter on-street parking, a new recreation center, a new gymnasium, landscape, infrastructure, and miscellaneous site amenities. As such,the City issued an invitation to bid for such improvements. Upon review of the bids received, Siltek Group, Inc. was deemed the lowest most responsive, responsible bidder with a sealed bid of Seven Million One Hundred Fifty-Four Thousand Three Hundred Dollars and Five Cents ($7,154,303.05). Siltek has agreed to undertake this project and has submitted an agreement for services; however, the agreement needs to be further negotiated for the benefit of the City. ADDITIONAL INFORMATION The attached resolution awards Bid No. 05-04-01 to Siltek and authorizes the City Manager to negotiate an agreement, in substantially the same form and amount as the agreement attached hereto as Exhibit B. Further, the resolution requires the final, negotiated agreement be approved as to form and legal sufficiency by the City Attorney. CJR/iw/pw Agenda Item I O G 159*and NH 1740i Roadway I.tghting Improvement Agenda Memo , Date 1 I— i I — OS