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
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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
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181ST ACTIVE PARK
ADDENDA
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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