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Home My WebLink AboutReso 2005-825 RESOLUTION NO. .2005- 8 AS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, RATIFYING THE EXECUTION OF AN AGREEMENT WITH SILTEK GROUP, INC. IN AN AMOUNT NOT TO EXCEED SEVEN MILLION ONE HUNDRED FIFTY -FOUR THOUSAND THREE HUNDRED THREE DOLLARS AND FIVE CENTS ($7,154,303.05), ATTACHED HERETO AS EXHIBIT "A", FOR THE CONSTRUCTION OF THE 181 ST DRIVE ACTIVE PARK; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach wishes to develop the 181 st Drive Active Park located at 18115 North Bay Road; and WHEREAS, the City publicly advertised Bid No. 05-04-01 for the construction of the 181 st Drive Active Park; and WHEREAS, on July 14, 2005, pursuant to Resolution No. 2005-814, the City Commission awarded Bid No. 05-04-01 to Siltek Group, Inc. ("Siltek"), who was determined to have the lowest and most responsive, responsible bid, in the amount of $7,154,303.05, and authorized the City Manager to negotiate and enter into an agreement with Siltek; and WHEREAS, the City Manager has negotiated and executed an agreement, attached hereto as Exhibit "A". 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. Approval of Agreement. The Agreement between the City of Sunny Isles Beach and Siltek Group, Inc., for the construction of the 181 st Drive Active Park, attached hereto as Exhibit "A", in an amount of Seven Million One Hundred Fifty-Four Thousand Three Hundred Three Dollars and Five Cents ($7,154,303.05), be and the same, is hereby approved. Section 3. Authorization of Citv Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Agreement. Section 4. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 8th day of September 2005. ?}/t#;!dlJ rman S. Edelcup, Mayor R2005 - 181st Drive Active Park Construction Agrmt W-Siltek Page I of2 .. . . ,,', (, ." , ,.' i/ ~. .~ ,,' ATtEST: ,~ ( .:.~ >:. //~ 'I S . i ^" ;:;_" \ _ _ -'~~~ ", )~eA. Hlnes,9~iClerk /'" -' I, ~ ~.~. -. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: orney Moved by: Cn~ Go~MA-t\J Ce>~ IGL01~ Seconded by: Vote: 5...{) Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Iglesias ~Yes) -1.L(Yes) V (Yes) V (Yes) V(Y es) _(No) _(No) _(No) _(No) _(No) R2005 - ISlst Drive Active Park Construction Agnnt W-Siltek Page 2 of2 MILLER LEGG . . , ISIst Drive Active Park 18115 North.BayRoad Prepared for: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 \l Li (\ G n LJ (\ Li n '--.J n LJ n LJ (\ LJ (~--, L.J II Li n LJ n u (\ LJ II LJ n L.J f' u n l.J n L.J I' L..J 181111 DRIVE ACTIVE PARK RECE(\ftlb 10, 2005 JUN 09 2005 ~c .tFI'().'''''' CITY OF SUNNY ISLES BEACH OFFICE OF THE CITY CLERK SECTION 00300 BID FORM Bid of: For all Site/Civil Work other than Unit Price Work, a Lump Sum of: I?O .>el/6.lrY-cw~ ~.P ~ /k?~.,J ($ '7/, .3//' - ) ~J/~ ~ ",1-/0 C6/TS figures For all Unit Price Site/Civil Work, a Total SUITl (ExhjQjt A) 9f: . ~J.le--rl/~()N Fr:/(.;1~-~N.I?At!6D d POll/iff. ~ fl).1.l,L--,LIvJJOJ/aJ_ -r/f'I.J!tTY-.5.tGV1fW ..P~ ($ 1;I+t;~ +3l U ~ ,e.;~'7Y.._~or~rs figures For all Lump .Sum Architectural Work, a Total Sum (Exhibit B) of: PV~-I'?IU/O# rWeNrY'-~ 'Pt'O(,)s~~ '0 t?1lI~-/.It;J~oll!rEl? 4.SI)(rY-~'f A?LL..-4,;~S'" ($.5: t)2h /63- ) )k? ~rs (use words) , figures Ten Percent (10%) Contingency Items (10% oftotEjI ab7i#l~~ 5/)l-Ht;,J#J)iU!J') NJeJ r:7F=rY ~J"~P - HV)./p~ }.//~~-oJ.IE. pt)~ ~&> ($b5O,39h!9) #/Ne"ne,..I ~'Yrds) figures TOTAL BASE BID (Lump sumh~nitms, prnf continQ!!ncy items) .se.v~-l"'Ilal6W JiN~-~~ "F7PrY-~t-)it!- 7}lPP.5~ ~-IIvNJJhJf) -., 7ZH!!I~ DN ~ ($ ~ I~! 303, t)~ :; AilE- c.~rs (use words) figur 5~1# P~~r!k~P~/~ ~. 3333/ . Phone: {~./)Z)7- ~ez, Contractor Address Contact Person: to furnish all materials, equipment and labor and to perform all work in accordance with the Contract Documents for construction of: 1815T 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 witll 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 1\ LJ " LJ n LJ (\ LJ n LJ " LJ n L-J n LJ r' LJ II LJ n LJ n u (I u r, LJ n u (I LJ n u n u n L.J 18181 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 .$. 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, i.e. 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 Ii LJ (' u n U n LJ n u n LJ n l..--J n I c.~ (' u I' L.J n Li n LJ n u n LJ (I LJ n u n LJ n l.J n Lo 181 at DRIVE ACTIVE PARK APRIL 10, 2005 The undersigned further agrees to forieit 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.~:;.WS- Dated this !t- day of j()JJ E- ~ (month) (year) Contractor: _<:/~lEr GJZe;OP ),.Jc:.. 4403 J;bG}JfJC)D CI~ lUesm-;..t J?t-. ?33~/ {rS-+):U7-bI3~<j Add ress: * 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 n LJ (I u n LJ " LJ [I u n LJ II u " LJ (' LJ n LJ n u n u (\ LJ (\ u n u n u n LJ Ii U (\ LJ 18181 DRIVE ACTIVE PARK APRIL 10,2005 THIS PAGE LEFT INTENTIONALLY BLANK. BID FORM 00300-4 n LJ (\ L1 181ST DRIVE ACTIVE PARK ADD. JUNE 6, 2005 n 181ST DRIVE ACTIVE PARK EXHIBIT "A" - UNIT PRICE SITE/CIVIL BID SCHEDULE .. Proiect Bid#OS-04-01 L1 f\ u n u Quantity Unit Unit Price Cost SITE 350 L.F. $ 7C',50 $ ;;?-f; b 7 E: ,"':/ 70 L.F. $ p5,OD $ ,- ij' "'0 ~...... ~, - . 2 EA. $ b50, t.-~O $ /, ?t?6?, ;"-f..' 3 EA. $ '2(://0, /..~-:> $ /~, t/30, .:-~ ' 2 EA. $ / Zt;C;~ 4::-7 $ ;2 .J 41:0, ~. c.." . , $~'355: &It. SUB- TOT AL }/75: v.;t 8 EA. $ $ ~. ~OO, 13 EA. $ /0//, ,1":_' $ . . I.J,. /::J. /~?... 3 EA. $ "772 ' ......"'. $ ;:!;3/6. "":> 5 EA. $ II 7 /~ :u $ ';-;""iJb-... "'-'-'" 1 EA. $ ...$t1?, ",,"c $ _';-Ro.. ~ 2 EA. $ /B~?~-?; $ .3/ L-.b 7. 36 1 EA. $ /h.jO. "'':' $ ~ .6/P, .,', 3 EA. $ '//.,4,M $ '9+-J-IO 3 EA. $ ,I -0';1 $ "f HJ ~...~ ~1!?/ .. 2 EA $ b/b, -- ~~ $ ~ 2. 3>0. .-g,.; 1 EA. $ Sa?[J. ":''1" $ :- CJ(? c> ..:A:-' > .. . SUB- TOTAL $ ~5>'S:7,6 ~~ 17 EA. $ $ Jf~ 32 EA. $ $ 9 EA. $ $ $ ~-:U:;, Ot:?O I A::> SUB-TOTAL J $0,2.6 ~. 2.06, j.Wf(? 11450 SF $ SUB-TOTAL $ ~; 206, ,;,;:,. CON. n L1 (l LJ L1 SITE FURNISHINGS TRASH RECEPTACLES (SITE) 6 FT. BENCH WIBACK 6 FT. BENCH WIO BACK 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 " L1 n Ii LJ n L1 n SITE LIGHTING PEDESTRIAN LIGHTING W/RECEPTACLES LANDSCAPE UP LIGHTING LANDSCAPE SPOT LIGHTING u n L1 SQO ST. AUGUSTINE 'FLORATAM' (1 L1 Ii Ii ~ -;JOtlE:-; )..J.L- j'rRM5 //J E~/f;r/3/.r5' A..4 B Ji2€- /;JCL-uP&LJ 1/-1 ,7Z"'~ .6?A:5e_ /310 ~.orJ;Jr /'H 1?'~ C::C)::PC'';'O~/ L1 L1 n L.J n BID FORM - EXHIBIT A 00310-1 u n u n L.J (' LJ 1815T DRIVE ACTIVE PARK ADD. JUNE 6, 2005 n LJ 181ST DRIVE ACTIVE PARK EXHIBIT "A". UNIT PRICE SITE/CIVIL BID SCHEDULE Project Bid # 05-04-01 n Cost LJ Item Quantity Unit Unit Price LANDSCAPE Unit price shall include but is not limited to the fol/owing: plant material, installation, 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 (I U n u n LJ " LJ (, G (I LJ I' u n u n LJ \1 LJ n LJ n LJ n LJ n u n u J~?V ("c::,;.. 3 oc<'/, ~,-:j 2 EA. $ $ 1 EA. $ J4i::d~ .:,;.t.~,1 $ ~ ~~ "'~ 3 EA. $ /2a/, ~'?" $ , _;,; ;c-t:J 9 EA. $ -:]26, ..-'" $ 2, <:f -:J4-, ~.? 1 EA. $ fa:.J, ';'0 $ ~r)' / ((-;~1t>" 1 EA. $ /6t?cJ I ,;;'..... $ (IL.tJc'"I' ,:/t? ......;. -fo)'''''' 1 EA. $ ~~- $ ~t1X, .' 1 EA. $ /'&V.. ...-("J $ .z t!a:J/tY' 4 EA. $ /6Ct::J, ';'~(J $ - ,4t."C', .'0 - :23 .13-1. ~c.) SUB-TOTAL $ - TREE REMOVAL/RELOCATION 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 BID FORM - EXHIBIT A 15 3 14 13 14 3 5 12 3 1 15 4 3 9 4 EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. EA. $ )477. t'O $ $ -:2?eJ'?/ ~p $ $ 25'5, ...t::> $ $ /.9/; _ <,," $ $ L:o/f- <Y' $ $ b:i~. ,'0> $ $ 70' .....,.' $ $ '1..!:i3/ ...V $ $ '3..51= ~,> $ $ M4; c't? $ $ .:37eJ,.->( > $ $ /2-/11. ."C' $ $ ~/ .~(" $ $ .::z4J, co $ $ ~~;lLS, ~t? $ ~,..~ ;ZZ;/G5, .'...... 'Z. /.; Z. C;,. .:.:.~ "=ii:77 V, .:-.:> ;2,.4-/.P,. .e' ~ ~.. ~- . e f:t~~, -::j. ':;-.;2.<//, .:'>..") /i. +q~;.. ,N- :. /~'7 <'.:''' / i'-""" .....~-,.- 69-1-, ..~~.. ;i)5...~-o,. ':-;;'.? ~. f'7;;Z.. P(? ~, C/o J3, ~., :z..../ L,.,9, p;;.l Z . Z. "." t.?/~ . 00310-2 I , "I I ~ " . , ' '. , .:' I 1. I . , II I' j"'" '. " i'" , " . 1,_ I ,; _ j.._ _ I. " ,.' _' ,I... '. " _ , . ~ I II LJ " LJ 181ST DRIVE ACTIVE PARK (I I U n APRIL 10, 2005 Cost L.J I /tern Quantity Unit Unit Price (I SHRUBS & GROUNDCOVERS (SIZES PER PLAN) CONT. Unit price shslllnclude but Is not limited to the following: plsnt mat.r/sl, Instsl/stlon, stsklng snd guying, mulch, hlrtl/lz.,., snd LJ plsntlng 8011. BOUGAINVILLEA (I TREE CRINUM U DWARF POWDERPUFF 'NANA' RED TIP COCOPLUM n GREEN ISLAND FICUS YELLOW IXORA U WAX JASMINE EVERGREEN GIANT L1RIOPE (I PENT AS LJ PHILODENDRON XANADUP~LODENDRON n TRINETIE SCHEFFLERA DWARF FAKAHATCHEE GRASS G WALKING IRIS CARDBOARD PLANT 15 69 210 166 775 64 84 932 200 38 60 19 586 211 22 (I L-! IRRIGATION (I BACKFLOW PREVENTER 2" REMOTE CONTROL VALVE u CONTROLLER SPRA Y HEAD n BUBBLER HEAD u ROTOR HEAD QUICK COUPLER (I 3' GATE VALVE 3" MAINLINE LJ (I LJ Ii LJ Ii LJ (I LJ Ii LJ Ii BID FORM - EXHIBIT A u EA, EA. EA. EA. EA. EA. EA, EA. EA. EA. EA. EA. EA. EA. EA, $ j1z, C/::? $ hZ,""":> $ /~/..'C'- $ 1'1, ~v $ 1C7, ~'C $ lb. ,'0 $ . ii.?, 0(.' $ ""Ii.~"' $ 6i""""' $ ~",.,., $ :f:i ....> $ 313, ..e' $ ~ ?" ~.*... $ b/~:';" $ /6t\ c,,-' . $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ~. ~3p, ':.~. 4;. ';!:Je, .. . '2..J'3'e/, " 2. to .. -,. ti"' '~ ';' :;: ;:s. 7U!>, ."~" / """.A./? ...~.' I ~.-C'''', /.t ~/.: -'';/ I:?~. i..~ :'"-' . -;';?,Z, ....:) -1:.,tg~. ,-~ /.- u;~:' ." c; ~ -;-;;U.J ~~- ; ,. II SUB-TOTAL $ /'13. ~70, ~'<:' . ..L,..... I'Z 1 EA, $ ;:z (.'JOt). $ ~/I':'~'.~ c"); 8 EA, $ 7&t' ,/' ,;';" $ :2 ~(''.~' :.-' 1 EA, $ '''t8' ;P $ I '7%J. . : ;f.-a' / .t.;> 340 EA. $ t.)o~"" $ '~ 9* ;;<,/ I I , '. 3 EA, $ .i'77=', .. ~.:.~ $ ib-Z;, ,;..;.;. 21 EA. $ ~~~- ~-e> $ /f,1 u~'), ';:/,"~ 1 EA, $ :2_7"0. :':..1 $ 25/:)... ~.'''' 3 EA. $ jt>dC", ~..,I $ ~, ~'&~'/t.'. ~.!,-' 1050 L.F, $ ZL' c' $ ;2-1.O~'1 ........' ... ~. SUB-TOTAL $ -'53/ ;2fV .:~~.. .'} r,' SUBTOTAL SITE ITEMS $ ?6/,bt>O... 76 00310-3 r, L.J I' l--.J 1815T DRIVE ACTIVE PARK APRIL 10, 2005 (I I , LJ '.,,.,~~,,, ", . ", <':'\1~''''',!-''~1'1',;:~ " ,"':; '1 ~ ~ "" , " -', I If ,"I I ,\" . 'i', I : , I, I " . . I' .' . " ,J I', _ n ~ ' ..,', . "~',:;I.,.l;.'l","...'!.."'i"~),', ,~U~JJ'~"f'~':'I.t .' , "'. . '" '. . 1 ~, 1,'"' j I. I 'j" I....' ' 'I II I" .. ~., _.. .~~_' " ,,). ~ ,_' ...,,,lj,~.~ ;,r:,I, "/r ,~'f~ '.J 11:..........',' . ~... ,. ", .. - -' .... FURNISHINGS SCOREBOARD BASEBALL 1 EA. $ f53751 ~V $ 25' SCOREBOARD POLES 2 EA, $ 3c~... ~-.~~ $ 3 ROW BLEACHER WITH H,C. 1 EA, $ e,-r i ,y; $ 3 ROW BLEACHER 1 EA, $ 73i:i/'" $ SCORE TABLE 1 EA, $ ~a? $ BLEACHER SHADE STRUCTURE 2 EA, $ : c::< ~, $ TRASH RECEPTACLE 2 EA, $ f . ~ ~t,,1 $ WATER FOUNTAIN 1 EA $ ,;/1.7, ,c~ $ BASEBALL BASE 3 EA, $ ,z I'~( $ HOME PLATE 1 EA $ U>/':iI'(,." $ PITCHERS RUBBER 1 EA, $ ~_6; t. 'i,? $ LJ n u n LJ n LJ r LJ r> L.J 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') CHAIN LINK GATE AT DUGOUT (3'XB') 20' - 4. O,D, FOUL POLE (YELLOW) HOMERUN LOWER MID RAIL POWDER COATED (YELLOW) 90 100 60 610 1 4 2 315 r, LJ ~ U n l.J DUGOUT DUGOUT ROOF STRUCTURE 2 (I 6' DUGOUT PLAYERS BENCH 8 LJ Ii L.J n U r, LJ r-, LJ n u BID FORM - EXHIBIT A Ii L.J SUB-TOTAL L.F. $ k'1', ,<'~;> L.F, $ L.F, $ L. F, $ r::;j, (':l:l EA $ 7-T15, '<' EA. $ EA. $ ?5Cr ,,~' L.F. $ ~co SUB-TOTAL EA. EA, $ /4-; 332:'" $ -;'16, .Y SUB-TOTAL q, ?57 ~,\,:l . UV~ "C' &<.;/ ('L' $~~ ~:~:, 7, 7 I;;t.~. ."'" 2., :?c;t!~, .~(') ~I V~, ,-'~l Ii; .'~;> '/ ..?.(~ 'i z.~ ",'v $ 25 ,jEt)/, .-'>('? ~ $ 5-1-; RIO" 1'<-"" $ $ $ $ $ $ $ ~/. I/O, .Y' 2' '77..- .' ~> ; .::;, '" If :;ct? ,....' /4; /1.3: ,-' (,~ .4. ..i." $ /0 Ij 370, ; . "-1.) Z&/ i~-4:, 9, Clt,e.- "''' $ $ #31..672.... ~,~? CONT. 00310-4 n LJ (, G 181ST DRIVE ACTIVE PARK APRIL 10, 2005 , ~ . . " . ",:', ~ ~ I :- I .: / . ~ I.' . : ' '. ,1., I II :.1 : ,', {" :. t ' " 'I > " . ~. " , . j I _.. .. _. ,.. ~ . , >. ......~.' I.. 1 .. , _ ~ ~~ _ _' . .. , '.,. ,~ n U n LJ1 , Item n FIELD SURFACES 6" TOPSOIL FOR BERMUDA LJ BERMUDA' TIFWAY' 12" SAND SUBGRADE FOR TURF/CLAY n INFIELD CLAY 6" DEPTH U INFIELD CLAY ADD MIXTURE WARNING TRACK CLAY 3' DEPTH n WARNING TRACK ULTIMATE II MIX, FINE GRADE SAND/CLAY LJ Quantity Unit Unit Price Cost 514 C,Y, $ 4-13/75 $ 27720 S.F. $ 0,'32- $ 1600 TN. $ ~SV $ 100 TN, $ ~+"".:) $ "t.4a-, .... 24 TN, $ /:05" <A-; $ '2. ;-2~'; .c-\;, . ~ '1 400 TN, $ -~~, SO $ / ',;/ ~I ~"', .~'c;"? 48 TN. $ "1/, ,:,,1 $ i''J68, ,"0 41180 S.F, $ (P, / / $ 5-2--7: $0 SUB-TOTAL $ /.2..5 845: 70 " 1~ 1 LS $ $ 1 LS $ $ 1 EA $ $ 1 EA $ $ SUB-TOTAL $ //9 t/tYO, 1'.:' , SUBTOTAL BASEBALL FIELD ITEMS $ 4c6156/. Ie) n FIELD LIGHTING Li LIGHTING (POLES / CABINET / FIXTURE) LIGHTING (LABOR / CONDUIT) I' LIGHTING CONTROL LINK U LIGHTING 10 WARRANTY n LJ n LJ I:~ 'l:'~, '..(I-~"~;' ',','J' 1'~l'.1 "~">'l~'~"l~"'i"-rl,I.: J"'~ ." '.' tt ':"lj;"~\,,,r . ~"'1 ' 'f"'" ,r"r';/-''':'''''! ~ le'1 .-- J' t,,[ 1\ i! [ ..-' ;L- I .., i t, i .. [ 1', ~ '- (. ." ',".. ~ ____ _ I J ._ _ __> ,...,>:". _ ~. ,:,;.' ...:1:~~.'_ ~~~':"~~~~')_~':'~ .'_! ~.:: ';.J~. 'I ':~.!__.' . _ _,,' -' ", ,." '. --.' .:::.~ $ n 7;2./. .:.", $ ~ I [/5, ~"., $ $ $ $ -:2€>/ tJt5't5',. .t.O $ ':::~9,(~" ...v $ $ 4: +fC;" ~ ~ SUB-TOTAL $ 16:7/2 {;:6, .!?~;> S '7 ~, UBTOTAL PLAYGROUND AREA ITEMS $ /6/. :zU. , PLAYGROUND AREA n PLAYBOOSTER SYSTEM U SEAT WALL CONSTRUCTION W/PRECAST ACCENT POLES W/BANNERS WATER VALVE HAND HOLE BOXES n 12" PRECAST CUSTOM COLUMN ACCENTS LJ SAF DEK SAFETY SURFACE 4" SLAB ON GRADE (SAFETY SURFACE) n 24. CONCRETE BANDING LJ 3' DIA. ARTISTIC SOLLARDS 1 EA, $ 9i 72/; a' 135 LF, $ :7'23" ~'t.~ 6 EA. $ 2 EA. $ 12 EA $ 2000 S.F, $ J-1; ,,-.,; 2000 S,F. $ -;2.. ~ 135 L,F. $ 6 EA $ 710.. .,.-.-0 n LJ n LJ n LJ n LJ i' BID FORM - EXHIBIT A LJ 00310-5 I', LJ (1 LJ 181 S1 DRIVE ACTIVE PARK APRIL 10, 2005 !"""....,.. .'''",......-' ", ... ,,, ," ""',1, i ':',~ ',',.-',,: ,I ..."':,1,:/',....- .",c . : " . " 1 : ; I ~, " I t I, . 'l f ~ \ 1 I , ' I" . i: ~ . ~, , .: ~ " . ' .~ _ I. '. R- , .. . , I " . ' . , . ., . ',I ~," ," '- '" ; n u n u n w n DUCTILE IRON PIPE - 4" WATER MAIN DUCTILE IRON PIPE. 6" WATER MAIN DUCTILE IRON PIPE - 8" WATER MAIN FIRE HYDRANT ASSEMBLY DIP 4" x 4' TEE DIP 8" x 6" TEE DIP 8" x 4' TEE DIP 8" x 6" REDUCER DIP 6" x 6" TAPPING SLEEVE AND VALVE DIP 4" PLUG DIP 8" PLUG DIP 4" 900 BEND DIP 6" 450 BEND DIP - 4" GATE VALVE AND BOX DIP - 6" GATE VALVE AND BOX DOUBLE DETECTOR CHECK VALVE ASSEMBLY - FIRE SERVICE REDUCED PRESSURE BACK FLOW PREVENTOR - WATER SERVICE PRESSURE VACUUM BREAKER -IRRIGATION SERVICE 1 1/2" COPPER TUBING SAMPLE POINT PLUG WITH 2' BLOWOFF REMOVE AND DISPOSE OF EXISTING PIPE u n LJ " LJ (1 l0 n u n u n u n SEWER SYSTEM 4' PVC SERVICE u CLEAN-OUT CONNECT TO EXIST, SEWER LINE (1 LJ n L) " LJ n L) n LJ (1 BID FORM - EXHIBIT A L) 300 LF $ 45~ $ 20 LF $ t;2:),..v $ 130 LF $ ~ it, $ 1 EA $ ~b/ I..' $ 0.034 Ton $ '-t.~ $ be (,?(:JI, . 0.0875 Ton $ . Pa:P. .0 $ 0,0785 Ton $ 2:tt:.c', "-1.-, s 0,047 Ton $ 2~~, :: $ 1 EA $ $ 0.007 Ton $ :;0.e'aJ. ~"', $ 0,0225 Ton $ p~ ;">a4 l'~ $ ~~~ 0,112 Ton $ (Pi>t.~1..'J, 4? $ 0.0385 Ton $ 6t-rc/. ..,."" $ 3 EA $ / tJ",&" .-P $ 2 EA $ / .rZ?iJ. .....i $ 1 EA $ 6l9w. ,.' $ 1 EA $ /.i;zt:?, N." $ 1 EA $ / a'5tP, "..,;, $ 205 LF $ 2.43, ..... > $ 2 EA $ ;.2!"c),. ,:-a $ 1 EA $ / t~;:.o, ':v $ 400 LF $ ~/ .1.; $ SUB-TOTAl. 65 2 2 L.F, $ ~~~ t'l:'> EA. $ /. Jtt2? .'.' EA. $ "L/-?5Z?,. .l. SUB.TOTAI. ;. ~w 21:/,;6. -'".. ~.'~'.i 5.:z6', ._';-J f-7/ ~~ ;z..E?,;!/. J';./ /;:". -.//.....:;;. .-v&~. UF"/C'V" " '~A-:- /'~.b--;' "~c," 67#, :t'.';' .2-3/;' ."':" 2': ~.' c .~X), ; ",')t9i."i7,' ,.:..-t:.> ~ ~ i:;;t'-~.c/ .' _....~ - ".', /. ~,. .'0 r .' """". ~,. 3:74Ci~ ..~) ~ .1,', . '?~ ..~ < c~j "'..." ;. .; af::J,:~; ".<),..:J oJIII"-, -,,'" ,/ ;. / . ~ $ bE: J'Z-C)" . J'f .5Z.JO, "'V ~ / &1:.'0" ........;> . ~'-' 4?).~.n/ A,7 $ 77, Lj~C'. coNT:' $ $ $ 00310-6 " LJ (1 1818T DRIVE ACTIVE PARK L.J APRIL 10, 2005 n I l.J , , ,. '! '. . ,l <~ ,i :";1 ~ { ". ,"' I.... I' I' I: i: . J ,Ii' " '.' ! \ . " . . .:....~'~,. 11 : l ' \ ; ; I' : I I, :' 'I""" ... " '.. ", J .' _~ _ , ~,_ ' , , . _ ,'. , p' 1, j " _ <, _' n LJ l PAVING Item Quantity Unit Unit Price Coat 1,&1S' ' '2 - 650 S.Y. $ $ 2/ i;3' ..'X/ 650 S,Y, $ ,.f,3J $ 2c 85:"7 _.so 715 S,Y. $ Ik, ~(; $ il. hZ5. 7V' 765 S.y, $ jg,34- $ '6 ~;;.,-. /0 1000 L.F. $ 1:57/ r~' $ ~b- ,1t/, t"'C.I . SUE'r TOTAL $ 13, 2~.~;;7, .J':'~/ 3- J.:t-~ 2,7h3, ...,'" 921 S.Y. $ $ 650 S,Y, $ 4-.50 $ .2 i t&j 2c5;, ,-v 700 S,Y, $ :;'::z) $ 2. ,~lf/" .y; 75 S,Y, $ $ :3& - .,?/!; 80 S.Y. $ .g-.::'~ $ ;Z*~ ."{) n u PARKING 3/4" ASPHALT (First Lift) 3/4" ASPHALT (Second Lift) S" L1MEROCK BASE 12" SUBGRADE TYPE "0" CURB (1 LJ n LJ II SIDEWALKS 12. COMPACTED SUBBASE (SIDEWALK) GREY CONC. (BRM wrrROWEL EDGE) 12" COMPACTED SUBBASE (SIDEWALK) GREY CONC. AT DUGOUT (BRM wrrROWEl EDGE) 12" COMPACTED AT DUGOUT SUBBASE LJ (l "---.J f\ SPECIAL TV SIDEWALKS COLOR CONC. (l T, EARTHTONE." FIELD. ROCKSAL T) COLOR CONC, (L T, EARTHTONE - BAND" SMOOTH) n COLOR CONC. (BLUE" BAND. SMOOTH) u COLOR CONC. (l T, BLUE" BAND. SMOOTH) COLOR CONC. (l T, BLUE - FIELD. ROCKSAl T) II COLOR CONC. (IT, EARTHTONE - PAVERBAND" SMOOTH) S'XS" CLAY BRICK PAVERS U ADA - CLAY BRICK PAVERS LJ 6100 1400 430 325 30 345 1300 450 (I LJ DRAINAGE 6" PVC PIPE (1 10" PERFORATED UNDERDRAIN PIPE 18" SOLID HOPE LJ 15" SOLID HDPE 12" DRAIN BASIN II 18" DRAIN BASIN LJ DRAINAGE WEll DRAINAGE STRUCTURE 12' x 10' x 7' 250 1400 385 355 16 16 1 1 II LJ " LJ n LJ (1 BID FORM - EXHIBIT A LJ S,F, $ 6/ .'l' S,F, $ S; (.:"'? S,F, $ ..5/.:~/ S,F, $ .!;;&,,) S.F. $ J.j; l_i(;.: S,F, $ .!7/ (0\..;1 S,F. $ b'/.? S.F. $ /b~':~ SUE'r TOTAL IF IF LF IF EA EA EA EA $ ~,~..<o : /fj;~ ;- $ :3504.' $ J a.:t:.?../~:' $ 15cO" .~t.J $ ~/A $ }.Ilk SUE'r TOTAL :,;...., -::JO 5&0, . f, Oa,? . -' Z d5tJ;-~ / ~/;?2-~~" ,,~... - I S~?, .'.;' I 77!=1~ ~V '-7,99" :5--', , .,.q 6,7-.:70" ~...' $ 6b / Uo, .=:,?:J $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ..:~.. $ 237. 55-'7-;.10 CONT. ' 003.10-7 f' L..J I" 181ST DRIVE ACTIVE PARK APRil 1 0, 2005 L-J n U ,:",(1'-' ":-I~'~ !I: "".' .', I,' - I~ "".,,1 "I'~~ ~',,' - ,-. ,'I.:" .'jL ' ~ ,0, . ./. . .' ,.- , ., , " I' i I ~ J (. \ , .," , I : " I ',. .., ;,'~. ,",... , ":,,,~_,,-:,,:~' ':' ,iI.',1,:..:',:~; \:_'" ~llli;"I~L~.:(':.,~,,;, :~~~:~,.~~: ,'~I., ' 1.'. i "_ ~':!~'~': , " __ i ',,': :", 1'1 Item Quantity Unit UnIt Price Cost 2 EA $ t 4 EA $ $ 850 L,F, $ $ 185 L.F, $ $ J SUB-TOTAL $ 7; GC,V, ;:'(.:J L.S. $ 3q a~?, ':t' $ 0[7 l/OO, .,." L,S, $ 1-), <:r;p .:1:) $ ~, LY"C;). ,'~ I. 01 . I SUB-TOTAL $ 9+ P'CJO;' 0',-') SUBTOTAL SITE ENGINEERING ITEMS $ 4f:o: 91-5,1D LJ n SIGNING & MARKING R7-1 SIGNS FTP-26 SIGNS 6" WHITE SOLID LINE 6" BLUE SOLID LINE LJ 11 LJ n LJ MISCELLANEOUS MOBILIZATION MAINTENANCE OF TRAFFIC r< L-1 ,'---' LJ ;~ " .','-,- ~:-.' ,'-' -.~' I :j~t,~-rl~~V'!-~~"'.~~~-~'t'~-ld"'Zi;':'J~J~,..::..,I"-"\ _il~I.I'~=i'~'''~'~'' rI"," 'I -', ,. "J -;";~"~~':~l j " I /, , I j' I, <~r'" "fa t, ~ J. 1 I r ~ 1 t!l t' I' ..1.:. ,~.~ ll,' ,', ~~ -'~ f. 1 '~., - 'i - ',,;' "\,, ') i~l ~'I' l' " " " " ' . : ~f I , ..;~ 1:'1,~,~' "Il_h~t', ,~,,! ,; ," : ,. ",'I'.". :-...t_.->i;",:"'I,.../.".."I"'^r!,,~,1 ".._'.'.....,1.1':.;. ,'>1t"" '~._, ",-.J,i ',,~,t.,., .1" ,':,~,,~ h.~\ ..':".."r,'Al.. II n SUBTOTAL SITE ITEMS SUBTOTAL BASEBALL FIELD ITEMS SUBTOTAL PLAYGROUND ITEMS SUBTOTAL SITE ENGINEERING ITEMS $ 31::,/'/ ~bO; 7.6 $ A r-u:::' .---<'-7 7'/~ ~ }.:7c /; /V' $ /6; 0 2".- C<.~ $ ~\ 'l+3..1-c J LJ l-' ,--, LJ (I *$ /,; #~6; 4-37~ 86 LJ II .(Provide Total on Bid Form) LJ II L.J n LJ II LJ n Li BID FORM - EXHIBIT A 0031 0-8 n LJ n LJ n 181sT DRIVE ACTIVE PARK REV. APRIL 28,2005 LJ n 1815T DRIVE ACTIVE PARK EXHIBIT "B" - LUMP SUM ARCHITECTURAL WORK BID 5~HEDULE . ProiectBid#05~04-01 LJ n Furnish all materials, equipment and labor and to perform all work in accordance with the Contract Documents for construction of the associated items below. LJ n LJ n 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. "'0 1 Cubic Yard ') $ /lS'O ' J {j~L-?;:i.hL, (t W h1 ) (fIV.? .5/K)/1Jr--PC-- -#/.7 ---; .-- '. #.. ;>7,-.,{ ) ~ ,?/'{. _,-:>(/c/ / {..II n:--- (AOJ/ ) . ~)t3 mr::,~ LJ n u n RECREATION CENTER All Recreation Center work L.S. $ 7-.1 475., 529, ,l:'~O LJ n GYMNASIUM Metal Lockers (Section 10505) Gymnasium Equipment (Section 11490) Telescoping Bleachers (Section 12660) All remaining Gymnasium work L.S. L.S. L.S. L.S $ fl, ~ZO, C'U $ ~~ 264, <'c..J $ /?::? ~Ol, .:.'0 $ .2-. 4- '7':::;. .:?2;t.. .:'Je? / '" - LJ n LJ n LJ n LJ *ARCHITECTURAL WORK TOTAL: $5 0;2'7, /63~ ,~ n LJ "(Provide Total on Bid Form) n LJ n LJ n LJ n LJ n BID FORM - EXHIBIT B 00320 - 1 Li n LJ OJ/l::l/LOU8 I:':LJ r,',;:' 0l:,4Ll(lUo fl SlLI~K. ~HUUP.IH~. I4l 003/004 L.J fl u fl LJ fl LJ II LJ II u II u fl u fl u fl LJ fl u fl L.J fl u fl u fl L.J fl u fl u II u n LJ 181" ACTIVE PARK APRIL 10, 2005 DOCUMENT 00401 BID BOND ~IDOER (Name fJOd Address'r. SILTEK GROUP,2 INC. 4403 Dogwood Circle Weston, Florida 33331 SURETY (Name and Address of PrIne/oat ptaoe of ~V9In8ss): Hartford Fire Insurance Company 200 Colonial Center Parkwa~, Suite 500 Lake Mary, Florida 32746 OWNER (N{Jme anq Addres~: CITY Qf SUNNY ISLES B~9H 1 e070 Collins Avenue Sunny Isles Beaoh. Florida 33160 f!!Q BID DUE DATE: June 9, 2005 PROJECT (Brief Description InclIJdlng Location): 181st DRIVE ACTIVE PARK ~ BOND NUMBER: N / A DATE: (Not latsr than Bid Du~ Date): June 9, 2005 PENAL SUM: Five Percent of Amount Bid IN WITNESS WHEREOF, Surety and Bidder. intending to be legally bound hereby,subjeC't to the terms printed on the reverse side hereof, do each cause thIs Bid Sond to be duly executed on Its behalf by Its authorized officer, agent. or representative. BIDDER SURETY ____(Seal) By: Signature and Title " - 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 05/l::J/LOU:J IJ:i:3 rP,::< oJ4il(1U::i rI SlLI~K.~HUUPINC. 1iI 004/004 LJ n LJ rI LJ II LJ II LJ II LJ II LJ rI LJ n LJ n L.J II LJ II LJ n LJ rI LJ rI u II LJ rI LJ n LJ rI 'LJ 1611t ACTIVE PARK 1, Bidder Ilnd Surely, joIntly and s8Wll'Blly. bird Ihl!lmsel\lll!:l, their hell'll, lW!IC1J!l:lra, lldmlnlatl1llOns, suocessors and 8sslgn5 10 pay 10 OWner upon dsfault 01 aldCler any dlfferenoe belWHn the t.Ctal amount 01 Slador's bid and ltie total amount at IMe bid 01 the next lowest responBlbla Bnd I9Spcnslvs blddor 88 dstennlned by Owner lor the Won< required by the Contract Documenta, provided that: 1,1, Ilthate Ie no lluch next lowest, rellponslble IInd responsive bIdder. and OWner does not abandon thl! Project, then Blddlllr and SuNly eMII pay 10 OVI11er the penal sum set forth on !he fBCB 01 this Bond. and 1.2. In no e'lent shall Bidder'S and Surety's cbllgallon hereunder axceed the penal sum set forth on the face of ttU Bond, 2. Default or Blddar shall oc:our upon the failure 01 Bidder I() deUyar within the time required by the Bidding Documents (or any eJ:le!lslon thereof agreeCIlo In writing by Owner) the llxllOut~ Agreement required by ttlD Bidding Oooumentll and any pertorTT\arce and payment bonds requlr8d by the Bidding Documents and Contraot DooumfK'lbl. 3. Thla obllgatll:ln shall!>> null and void II: 3,1, OWner acceptB Bldder'5 bid and BIdder delivers vril1lln the ttme requlrsd by tne Bidding DoolSTlenll!l (or any eJ:tenllfon thereof agl8ed to In wrltlng by Owner) the executed Agreement required by the Bldclng Dooumlntll and any pertonnarce and payment boncUl required by the Bidding Documents and Contract Documents, Qr 3.2, All bids are r&jfldad by Owner, or 3.3, O'ltTlor 11I11e to laaue II notice 01 llward to Bidder wlthln the time specified In the Bidding Do:l.lml!lnlll (or any extenslon thenag! agreed 10 In writing by 8<<jder and, 11 applicable, consanted 10 by Surety when required by paraglliph 5 hereof). 4. Peym.m under thl& Bond will be due and payable upon default by Bidder and within 30 calendar days after reoelpt by BIdder ll1ld wlltlln 30 ~Iem~ar days alter reoelpt by Bidder aM Surety of wrlnen notice of default from Owner, whIch notice will be glvan wllh rel!50nable promplne88, Idenllfylng this Bond IInd the Project and Including l!I statement 0( the amount dus. APRIL 10,2005 5, SurelY walyee notice of and any and all d8lonsiftl baaed on or .r1slng out of any time extenalcn to tuue notioe of award lIgraed to In writing by Owner and Bidder, pn:lVlded lt1at thO Iolal time for lellulng notloe 01 awald lnoludlng e1ten!lons shall not In the aggl'l!lQate elll:eled 120 Ol!IYII from Bid Due Data without SurBty'e wrttt8n cement, B. No ault or ac:tlon shall be commenced under thla Bond prior 1.0 30 oalender C1aysafler the notloe 01 (jsfault required In paragraph 4 aboYll 18 received by Bidder and Sur8ty and In nc caa. latar than one year after Bid Due Date. 7. Any flult or acUon under thle Bond ehaU be oommenoed only In II court 01 oampeltent Jur1lldlotlon locat&d In the state in whial the Project IS I~. 8. Notlce8 required hereunder Ilhall bti In writing and IBnt to Bidder and Surety at their relpec:tllle addresses shown on ltIe 180e at IhLs Bond. Such notJca6 may be 89nt by personel delivery, commercial courier or by UnltQ(j States Ae\;llstered or Certtlled Mall, retum receipt requeet8d, postage prtr-~Id, and shall De deemed to be aftfllCllY6 upon receipt by the part)' concerned. 9. Surety Iilhall cause to be attached to tI'1ll!1 Bond a ourrent lInd etfeatlve Power of AtlCmey elllden=lng trle authority 01 thl) otfIc:ar. agent or reprssentatlvll ~ executed . thle Bond on behalf of Surety to exeoute, seal IInd deliver sl.Ch .Bond and bind the Surety thereby, 10. This Bond Is Intended 10 conlorm 1.0 all QPplicB.ble statutory requiremen18, Any applicable requirement of Bny applicable stalute that h8a been omitted from thle Bond shall be deemed to be Included herein alltt eat forth at langttl, /I lIny provlllon 01 lhle Ekn:f C1Qnfllalll with IIny IIpplbabl& provision of ttlls Bond confllcts with any appli::abl8 provision of any appllOablfl SlAtule, then Ille prOYltlon of aald statute shaU govem and the remaJnder of till! Bon:l1hMt Is not In confllat therewith shall OOI'ltlnU8 In hJlI forot WId ~. 11. The tenn .bld. as used her81n In:ll...,.. " bld, offllr or pl'Q~1 all applloable. BID BONO 00401-2 II x LJ II LJ II II Obligee's/Insured's Name The City of Sunny Isles Beach Siltek Group, Inc. Obligee'sllnsured's Mailing 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 LJ II LJ LJ II LJ II LJ LJ 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. II II LJ II LJ I' LJ n LJ 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. II LJ II LJ I Terrorism premium: I $0 II L.J II LJ II LJ II LJ II Form 8-3333-0 Page 1 of 1 LJ @ 2002, The Hartford Jl :POWER OF ATTORNEY LJ KNOW ALL PERSONS BY THESE PRESENTS THAT: \ , 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 LJ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut [K] [K] [K] c::::J Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut D Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana c::::J Hartford Insurance Company of Illinois, a corporation duly organized under the laws of thc State of Illinois c::::J Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana c::::J Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida naving their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, 'p to the amount of unlimited: LJ Charles J. Nielson, Mary C. Aceves, Warren Alter, Charles D. Nielson of Miami Lakes, FL LJleir 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 [8], 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 ':Xecuting or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. LJ 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 nSecretary. 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. U n LJ II LJ n 11 P2.'i'~~ 'Q6~~\ ~~t · ~E \.';'";:_...t B 7 ~ ~: .~~.. :>.....~ '"' ~F #""'~o:.~ LJ n f ~O 0\ ~ t] {oJ I J~- LJ ~~ t:-.':~.....~~.. ! ;z.,""~rr;~ ~ ~ ~~~ij ~.:;7 David T. Akers, Assistant Vice President 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 uay: 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 "lis name thereto by like authority. SCOll 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 rroPY 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. Paul A. Bergenholtz, Assistant Secretary I';TATE OF CONNECTICUT} u S~ Hartfu~ COUNTY OF HARTFORD n LJ n LJ LJ 1If-"'....~ I C'o~ ~.. 'Q' .~ ~ ;;: ~s · ~= \;\lS1C1\ E! ::.,..,~.......... . c.~ J' .,.;~ n LJ L')&AO~'~~ LJ (~(0~t Gary W. Stumper, Assistant Vice President Jl Jl LJ PO A 2004 II LJ II LJ II u (I u II LJ n LJ II LJ II u II LJ n u n LJ (I L..J II u II LJ n LJ n LJ II u II LJ II u 181sT ACTIVE PARK APRIL 10, 2005 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 4 rY 0;::::- ~J.lAlY Is~F--S B~ 1 _ ,./ ~. [print n~Jl1e of the public entity] by ..t:W..Js ;;;Z/,?V tE-I ~- J IE ~ If?(. J r~->. , [~int individual's na.roe and title] J for .'2LL-ne;..K:. (~c/~ /~? . [print name of entity submitting sworn statement] whose business address is 1ftJ8 ])06v..JOO!? C;'p/IE 14e5~/J ?L-. :3 333/ , and (if applicable) its Federal Employer Identification Number (FEIN) is 5r - :3 s srr 8 ?~ (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 defined 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. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), 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 infonnation after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: 3, 4. 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 tenn "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 ann'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(1)(e), 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 tenn "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 II LJ II LJ 181ST ACTIVE PARK APRIL 10,2005 II 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] -X Neither the entity submitting this sworn statement, nor any of its officers, directors, exec~i'ives, 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. LJ n LJ LJ 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, II n LJ 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 I, 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] n LJ II LJ n I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER u 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 II 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 U THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CON NED IN S FORM. LJ ,..Y) Sworn to and subscribed before me this 7- (I LJ 11 day of I t/ rJ'C::- _....../ 20 i; r- , - n Personally known OR Produced identification.._ll j;~~I/ j, L ''') ,':' -----. /' ~ . //. <.,L-;,~ '0<;'-&~--! ,F~__ . Notary Public - State of/!J.~//.v./f2-- II LJ LJ n (Type of identification) ".", "', DELI" l LEE "', ..'" ... c' uv COI.\h\\SSION i DD i5~2,2 ~, rl ,,~ l'ill . ",~;;i,' EXPIRES', Oclober19, 2006 d, " "~'~ \,:-:: oonaeo Hille Bullqe\ NOl4l~ ServlCt5 My commission expires "t';- /'-f-c.t. LJ n (Printed typed or stamped commissioned name of notary public) LJ n LJ II u II Form PUR 7068 (Rev. 06/11/92) 00402-2 Li n LJ n LJ n LJ n LJ n LJ n u n LJ n LJ n u n LJ (l LJ (l u n 'LJ n LJ n LJ n LJ n LJ n u n LJ 181ST ACTIVE PARK APRIL 10, 2005 DOCUMENT 00403 TRENCH SAFETY ACT (90-96, Laws of Florida) 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 Unit of Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LFSF) A. 8. C. D. Total $ /0/ ~ c?t!> # ~ , 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 EXCA V A TION 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. actor END OF DOCUMENT TRENCH SAFETY ACT 00403-1 n u n u 181 ST ACTIVE PARK n L.J n u n LJ n u n LJ n LJ {l u {l LJ n L.J n U I' L.J n u n LJ n LJ n u n u n TRENCH SAFETY ACT w APRIL 10, 2005 THIS PAGE INTENTIONALLY LEFT BLANK. 00403-2 n u n LJ II LJ n LJ n u n u n LJ n LJ II LJ n LJ n L.J n u n LJ n LJ II LJ n LJ n LJ n LJ II LJ 1818T AC1"IVE PARK APRIL 10, 2005 DOCUMENT 00420 INFORMATION REQUIRED FROM BIDDERS GENERAL INFORMATION The Bidder shall fumish 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: ;fj;~~~/N~~J.E U>U~ I ~" 3333/ 2, Contractor's Telephone Number: (1~+) Z/ 7 -be"2-'! 3, Contractor's License: C G C- - 0 b m~ Primary Classification: Gl!fJJ~ _ _ ~R' 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: 5/~v~M- .s;~~. r/u.S. 5~C'. Tj26J$. , , , 5/ E"ll!J,P A, Jh u..- ~. " M)r t2e;J1- 6. Name of person who inspected site or proposed work for your firm: Name: '&-fiE- 5i ~ Date of Inspection: ~I 11 0.> What is the last project of this nature you have compieted? /. c./ rY OF ~ 46 ,II ktJt!- Ct/I4Mv#/'l' Ce;.l~ Lf~}Jr;+TlfW / 7, 8. Have you ever failed to complete work awarded to you; if so, where and why? NO . INFO REQUIRED FROM BIDDERS 00420-1 II LJ n 18151 ACTIVE PARK APRIL 10, 2005 LJ LJ i) .514 3) /)l)J-i p~ / H"IE.?J'lrr~/N& L1L. 9. n n LJ 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). II LJ NAME OF PROJECT .see- TOTAL CONTRACTED CONTRACT DATE OF CITY VALUE COMPLETION k7fkJ..k!J) "P~~~-r L/ ST % COMPLETION TO DATE ~/~s- ~/ n LJ II LJ n (Continue list on inset sheet. if necessary) LJ 11. What equipment do you own that is available for the work? n L..J jJoJ..JE- n LJ n LJ 12, What equipment will you purchase for the proposed work? n NONE. LJ NOTE: Attach additional sheets if required. " u 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. 11 LJ II LJ n LJ II LJ n LJ n INFO REQUIRED FROM BIDDERS 00420-2 LJ (I u n u n u n LJ j, )\ h' \~; n w ~ n u J~ n ftit< LL. .' j ~ o u (, LJ n l.-.! II LJ n r~. V L) II u v . UJ' I r- ~j (I L; n L.J n LJ Ii n,11ll , LJ (j) n Li n LJ n u It) C - en - CO .- en - ...J .- () W ..., o c::: a.. Q) ..... IV o l:: o :;:; Q) 0. E o U -0 Q) .c (.) en L[) o I > o Z Q) ..... Q) 0. E o u ?F. ~ o o L[) ..... l:: :::l o E <( o o 00 ..- N L[) N 00 N ~ ..... (.) IV ... ..... t: o U ... Q) l:: 3: o c o :;::; ro ..... c ro a... 00- o >- ~ U Q) E IV Z Q) en '- :J o o ..... (.) Q) ...... o ... Q.. 00- o <.9 Q) ~ Q) en Q) ... a... c en .Q ~ ..... :J ro_ ..... (.) C :J ro '- o:U5 L[) o I > o Z ~ o o L[) o o -.;t C") 1.0 I'- I'- ('f') ('f') ~ C o :.oJ ro - C ~ a... - o >- :::: U C o en C ro 0. X W - 0- Q) o Q) .~ o a.. C o :.oJ ro ..... l:: ro a.. CD o I .0 Q) u.. ~ o L[) o o Q) o I'- -.;t 00 ('f') C") ~ o Q) C 01 ,_ ro en= Q) .- c.> E '- ro~ o '- o o 3: .=: E C '- Q) ro Uu.. en Q) 01 ~ :> >- :::: o ro -0 'C o u: L[) o I 0- Q) en ;:R o L[) I'- o o N ..- ..- <.0 <.0 -.;t ..- ~ o o o C .!:: o --, U5 en Q) E o I Q) 01 ro :> C .!:: o --, -' en L[) o I 0- Q) en ~ o CD o o ..- C") 00 N CD 00 ..- ~ <C U w N Q) > ro .t:: o '- ro en Q) o ro en ro o ;:R o 00 o o 1.0 C") L[) o 00 ..- N ~ en Q) E o I .!:: (.) '- :J .!:: o -0 Q) ~ C :::J 01 C en :J o I '- o C Q) en Q) ~ ro ~ o E E CD o I .0 Q) u.. <.0 o I C :J --, t ro ...... III ;:R 0 o ...... 0...... :J o .0 ro o o o o o o o -.;t 00 ~ 01 C III :J o I - - 'C '- Q) ~ Q) > o o '- o .0 '- <{ n u II LJ n LJ II LJ n LJ n L.J II L.J n LJ n u n 5, LJ II LJ n LJ r' u n LJ n LJ n LJ II LJ II LJ (I LJ 181ST 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 ~ee- ~ Subcontractor's Name/Address ~op5' asr 2. 3. 4. 6. 7, 8, 9. 10. NOTE: Attach additional sheets if required. INFO REQUIRED FROM BIDDERS 00420-3 II ~ .._""',"",,' G O' U' : p' i -! .". L._",_.,~~"l......,.,__~~:!,'-~~---,-_.::J --:._-~~~_..;.....:.~-' u Ii 181st DRIVE ACTIVE PARK L.J II 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. 91st Terrace 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 PO. Box 901368 Homestead, Florida 33090-1368 Ph (305) 245-4144 LJ II L.J n L.J n LJ n LJ n LJ II u n LJ II LJ II u 11 LJ Il L.J II LJ n L.J Il L.J II LJ II w C',-.~~' 1&.- n LJ n u n LJ n LJ I 181sT ACTIVE PARK Julv 19APRIl10, 2005 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULA TED PRICE THIS AGREEMENT is dated as of the between CITY OF SUNNY ISLES BEACH (hereinafter called CONTRACTOR). day of in the year 20_ by and (hereinafter called OWNER) and Siltek GrouD, Inc. LJ n OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: n LJ n LJ n LJ n LJ n LJ n LJ n u n LJ n LJ n LJ n LJ n LJ n LJ n LJ 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. ,. 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. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving 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, EJCDC STANDARD FORM OF AGREEMENT 00500-1 /l LJ /l LJ /l LJ 11 l.J /l LJ /l LJ /l I LJ r LJ /l LJ (I LJ (I L..J 11 LJ /l LJ (I LJ (I LJ fl LJ fl LJ rr LJ /l LJ 181ST ACTIVE PARK Julv 19J\PRIL 10, 2005 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 ($1000.00) for each day that expires after the time specified in paragraph 3.1 for completion and eadi ss for final payment. .5i~ ~k~ ~ ~e ~.P~p#.s ~tJH;P . ~ e; p~ ~"At: ~TVML W~ Article 4. CONTRA PRICE. ~:J&-':;;t:..r /71f!/!HS .A--lL> A ~ fr1jP .so/"'? ~ ,4tL . VN/r ~LI~.E5L ~/V/~ ~~ ~S. OWNER shall pay CONTRACTOJ:f lor ccfmpretion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 below: ~FOR A LUMP SUM CONTRACT OF: TOTAL BASE BID (Lump sum, Unit prices, and contingency items) Seven Million One Hundred Eihntv Six Thousand Four Hundred Twentv Three and 05/100 (use words) ($ 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 11.03,8 of the General Conditions, Article 5. PA YMENT 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. ~ % 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. EJCDC STANDARD FORM OF AGREEMENT 00500-2 n LJ n u n u n u n LJ n u I' u II LJ n LJ n u i' u n u n u r> u n u n u n LJ n u n u 181ST ACTIVE PARK Julv 19APRIL 10, 2005 ~ % (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. 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 REPRESENT A TlONS. 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 EJCDC STANDARD FORM OF AGREEMENT 00500-3 fl ~ 1818T ACTIVE PARK Julv 19APRIl1 0, 2005 r LJ 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. I' G 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. r u 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. c 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. r LJ Article 8. CONTRACT DOCUMENTS. fI LJ The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: fl \ LJ 8.1. This Agreement (pages 1 toJl inclusive). c 8.2. Exhibits to this Agreement (page) A inclusive). n ~ 8.3. Performance, Payment, and other Bonds, identified as exhibits 00600 and 00601 and consisting of ~ pages. 8.4. Notice to Proceed, fI L 8.5. General Conditions (pages 00700-1 to 00700-42. inclusive). fI U 8.6. Supplementary Conditions (pages 00800-1 to 00800-7, inclusive) and any amendments thereto. c 8.7. Specifications bearing the title 181" Drive Active Park, Proiect Manual Vol. 1 & 2 and consisting of 1 6 divisions. 8.B. Drawings consisting of a cover sheet and sheets numbered as specified in the Drawing Index INX-l . n I LJ 8.9. Addenda 1, 2. 3, 4 and 5, inclusive. c 8.10. CONTRACTOR's Bid. fI ~ B.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages N/A to N/A inclusive), c B. 12. 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. n ~ EJCDC STANDARD FORM OF AGREEMENT 00500-4 c 11 u II U II LJ (I u n u n LJ n LJ n LJ (I u (I u n L; (I U n u (I U II U n u (I U n u n U 181ST ACTIVE PARK Julv 19APRIL 10, 2005 8.13 Amendments and Additions to the Standard General Conditions of th Construction Contract and the Supplementarv Conditions. identified as exhibits 01000 and 0100 and consistinQ of paQes, 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 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. DRA WINGS 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 EJCDC STANDARD FORM OF AGREEMENT 00500-5 n LJ n u n LJ n u n LJ n u n u n u n u \l LJ n u n u n u \l u n U n u n u n u n u 181ST ACTIVE PARK Julv 19APRIl10, 2005 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 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) . e//s-/ I , , 20~hich is the Effective Date of the .. [CORPORA TE SEAl] [CORPORA TE SEAl] Address for giving notices --1.;f tJ" PJII? 'ItJ.of. a;,uze- 1Ut!S,?,AI , ~ , OFfJClALNOfARYSEAL ALBERTO ZUNIGA ~ ' NOfARYPUBUC Sf ATE OF FLORIOA . COMMISSION NO. 00132161 MY COMMISSION EXP. LY8 EJCD STANDARD FORM OF AGREEMENT License No. CCc-o'o94'7 Agent for service of process 00500-6 n u n , u n u II u n u n u n I LJ n u n u 1815T ACTIVE PARK Julv 19APRIl1 0, 2005 (If CONTRACTOR is a corporation, attached evidence of authority to sign). SIGNA TURE 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 ~OA.4JA ' 2tt>S; and CONTRACTOR authorized to execute same. CITY OF SUNNY ISLES BEACH, through its City Commission n l.J ATTEST: n LJ n u n u (I LJ n LJ n u n u n u n u ~A~ Jane Hines, Cify Clerk 8""'" day of ~,2005- Approved as to form and legality by Office of the ity Attorney By:~/A Christopher J. Russo, City Manager ~""" day of ~~~ ,2005- (CITY SE.AL) EJCDC STANDARD FORM OF AGREEMENT 00500-7 \l LJ \l U \l \ U \l LJ n L.J n u Ii L.J n u Ii LJ \l u Ii I U n u n L.J II u Ii U n u n u Ii u n LJ 181ST ACTIVE PARK Julv 19J\PRIL 10, 2005 EJCDC STANDARD FORM OF AGREEMENT 00500-8 (I u (I u (I u n ( LJ (I u n u n LJ n u (' LJ (I u n ( u n u n LJ n LJ n LJ n u n u n LJ n LJ 1815T ACTIVE PARK Julv 19APRIL 10, 2005 CERTIFICATE AS TO CORPORATE PRINCIPAL I:&~ ~~ , certify that I am the '/;(!P ~$.. ~~ ~~ /-vC, that '1?f!!!!Ht' '/t!'~~ , who signed the Bid with City of Sunny Isles, Dade County Florida for ~ ~ Ig~/4-2~ .t!>S- , City Bid No. tJ r..l!:J~ - 0/ of said Corporation with full authority to sign said Bid on of and is Vit!r!' ~. behalf of the Corporation. Signed and sealed this I r day of ~?/J (r , 20 D.r (SEAL) ~~ / Signature ~- S:,;~ - k/(.I~ Ik.f. Typed w/Title STATE OF FLORIDA COUNTY OF DADE My Commission Expires: ,20cS. SWORN'TO AND SUBSCRIBED before me this 15- day of OFFICIAL NOTARY SEAL ALBERTO ZUNIGA NorARY PUBUC STATE OF FLORIDA COMMISSION NO. 00132161 MY COMMISSION EXP. JUt Y 8,2006 EJCDC STANDARD FORM OF AGREEMENT 00500-9 (I ! U II LJ i' u II G (' LJ II U I' LJ II LJ II G (I LJ II 18151 ACTIVE PARK Julv 19l\PRIl1 0, 2005 CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL I, ~N'~ ~~~~ , certify that I am the V/~ ~~S. ~ /*;i:. c?~/ /,06 . who signed the Bid with City of Sunny Isles Beach, Dade County Florida for the project titled /B/sr Ao/'?.vr- ~,c.. / of , Miller Legg Project No. 114122, and that rity to sign payment requests on behalf of the Corporation: ~~i7~~- (Typed Name wrritle) ~.t-LI. - 5i. (Typed Name wrritle) J~. (Signature) Signed and sealed this /5 day of (Typed Name wrritle) A,;~ ,20~ (SEAL) LJ P/?F$. l' G STATE OF FLORIDA COUNTY OF DADE (I LJ \l u n I LJ n LJ n u 11 u n u My Commission Expires: , 2Q.J'; . SWORN TO AND SUBSCRIBED before me this JS..... day of OFFlOAL NafARY SEAL ALBERTO ZUNIGA NafARY PUBUC Sf ATE OF FLORIDA COMMISSION NO. D0132161 MY COMMISSION EXP. TUL Y 8,2006 EJCDC STANDARD FORM OF AGREEMENT 00500-10 n I U n LJ n U (I u n U n I u (I , u n u [1 L,J n u n U n LJ r' u n u (I LJ n u n u n u n LJ 18151 ACTIVE PARK THIS PAGE INTENTIONALLY LEFT BLANK EJCDC STANDARD FORM OF AGREEMENT JulV 19APRIl1 0, 2005 00500-11 Bond No. 21 BCSDG 4457 181sT ACTIVE PARK DRIVE APRIL 10, 2005 Construction Performance Bond Any singular reference to Concractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SILTEK GROUP, INC. 4403 Dogwood Circle Weston, Florida 33331 SURETY (Name and Principal Place of Business); Hartford Fire Insurance Company 200 Colonial Center Parkway Lake Mary, Florida 32746 OWNER (Name and Address); CITY OF SUNNY ISLES. BEACH 18070 Collins Avenue Sunny Isles Beach. Florida 33160 CONSTRUCTION CONTRACT Dare: August 16, 2005 Amount: $ 7,186,423.05 Description (Name and Location); 181st DRIVE ACTIVE PARK; BID NO. 05-04-01; ML PROJECT NO. 114122 PROJECT NAME City of Sunny Isles Beach OND Date (Not earlier dlan Construction Contract Date): Amount$ 7,186,423.05 Modifications to this Bond Form: August 16, 2005 CONTRACTOR AS Company Sil SURETY HaIrfo d Fire Insurance Company Compaoy (Corp. Seal) Signature: .{). ~ ~.S/'/JIr?~jJame and Title: Charles D. Nielson, ~ ~ttorney-in-Fact and Florida Resident Agent CONTRACTOR AS PRINCIPAL Company SURETY (Corp. Seal) Company (Corp. Seal) Signature: Name and Title: . Signature: Name and Title: ElCDC No. 19JO-UA (19/W Editlan) 00601-1 'reparod lhrou~ rhc joinl df,Orr..J1 of the SW'CIY ~lSodalion of America. 'Engineers' Joint CODU'K:t Docurncnrs CommiElee. The: Associated ~c:oeral ConD'IlClors of Amllric:a. American InsU!ucc of Arohkec:IS. AmeriCIIJI SubcontracrOl"ll AlliocillIIDn. and the AIlllJt:iared 'Special!)' ...:o1lU'&CIOl"ll. 181ST ACTIVE PARK DRIVE I. The COntnlCIOr and the S~lY, jointly lUld ,ovcrally, bind themselves, their heirs. cxeeutOl'!l, adrn1n.lsntorll, succ:esson IUld lISaignQ to the Owner for rhe pcrfonnance of the Construction Conrracl, which is incorporated hlft'ein by ",ference. 2. If the Coneractor pc:rf~ we CCIlUtnlctian Coatl'llct, the S~ry llJId rhe ConU1lClor shall have: DO obllllarioa Wider this Bond. e;r;eq>t 10 pllllicipAte in eoafcmmc~ as provided In Subparagraph J.I. J. If th~ is no OW11m' Default. the Swely's obligation under this Bond shall Illise: after: 3.\. The Owner has norified !he Contr.!l:lDr III\d the Surery llI. its addn:ss described in PlllUpph 10 below, thaI the OWllCl' i, conSidering declaring II Contl'llCtor Ddaull nnd has reque.'Ited md Attempted to lUTlUlge 11 ccnfm:nce with the Contr.lclQr and Ihe SurelY to be held nol Iller thllll flficcn M}ll lI'ter =clpt of such notice to discullll methods of performing lhe: COII$Q'Uction ContraCt If the Owner, rhe Ccmtnlclor And the SIWty 118=, !he Concmctor ahall be allowed a n:a.sonable time to pcdonn the CanslrUction COll~1., but auch An agn:cmenl shall not waive tho Owner'a rieht, if any, subsequently to dcclpre a ConrraclOr Deflluh: lUId ' The Owner has declared II Contractor Default and fuons.lly tcnnillntc:d the: Contractor', risht 10 complete the ccmtnlct. Sll(;h CanQ1lctor Defllult shall not be: deelEUt:d earlier lhan lWenty days lIftGr thCl Con1:nlCtor IJId the: Sumy have rc:r;ojved nOllce os provided in SubplInlgrqp!t 3.1: IDcI The Owner hJ1s agreed 10 pay Ihe BalDllce of the ConlnlCl Price 10 the Slltllty In ac:con:l4nCC with rhe Imna of the: CotlAtrw:rlon Contract or 10 a COnQ1\Clor Selected to perfonn the Construcllon COOttllct In IlcccrclAncc with the: lel'\l1I of the CODlrIlCI with !he Owner. 4. When lhe Owner hIlS satisfied the conditions of Paragraph J, the SWllty shnll promptly and at Ihe Sun::l)I's expCllUc llIlte OI\c of the following actions: 4.1. Ammsc: for the Ccmtr.lctor. with coruc:nl of the Owner, to perform lUId complete the: CDnlll'lIctloa Ccm\nctl or Unc1mtake 10 perfcrm IIlId complete the ConslIUction Contnet Itself, throush ir.sl\BCI1ts or ~uSh indepondcnt COQtracton: or Obcaill bld& or negotlallld pnJpOsals from qUllllfled contracton acceptable to the Owner for a conlr.lCt for pcfonnancc lIDd completion of the CCIIIllll'\lClion CQntnl~t, OtTlItIge Cor A conlfllct to be prepared for exc:cufiDl1 by the Owner 4nd !he conmu:tor sek:cted with the: Owner's conclllm\cc, 10 be IClCUR:d wl!h perf'ClmIlU1ee lUId paytnmt boncb cucutcd by 9 qualified surety aqui\lllmlt 10 the bondt IsslJe:d on the CaD5!rUctiOll Ccn~t, Ilftd p,ny 10 the: Owner rhe amDWIt of dlllDllgcs as deseribed in Pmsroph 6 in ellCC:SS of the Balance of the COlUmct Prille iPc~ by the Owner resulring from the ConlnClor's default: or Waive Its right to perfonn and complete, 8mlJl8C for completion, or oblain a new cona'aclOr and with rtasonablc pmmprness under !he cUcumsW\ccs: 1- AfIcr iIlvcstigarioll, de~e the lUDOWU for which it may be lIabla to the Own=' Ind, Il.G aoon lIS pmertcable lilt<< the llIDount is determined, tClldcr payment !herefor 10 !he Owner: or 2. Deny Illlbllity In whole: or In pQlt IIlJd oodly the Ownl:!' citing IUllODS therefor. 5. Jf rhe Sun:1Y does not proceec:I u prvvlded in Plll1lSl1lph 4 with rea&o"lIble prompmess, the SlWty shall be deemed to be in clc:faull on t1Us Bond fifteen days after ru:eipt of an additional writtml notice from the Owner 10 the: Surety demanding thlt the: SunllY pmform lIS obligBllons under Ibis Band, lIJId Ihe: Owner shall be: entitled to enfon:e any J'Cllledy available to, the: Owner. If the Surery pmc:eed& WI provided in SubpnJ'lBl:1lph 4,4, DlId the Owner refuses the payment ~ or Ihe Sursy bas denied liability, in whole or in p4I1. wJlhout 3_2, 3.3. 4.2, 4.3, 4.4. APRIL 10, 2005 further no/ice the Owncr shaH be entitled. 10 enforce any remedy available (C Ihe Owner, 6. Mer the Owner has tmninatcd the Contnll:tor', right to complele u." COl1lllnlcncn Contract, lU1d If the Swt:ty elccr.s 10 aCI under Subpllnlgnlph 4 4.2, or 4,3 above. then the MSpcnalbillrie.s of the Surety 10 the Owner shall not I.. iR=D1er than those of the COOttllctor under the Constl'Ucuon Conuact, and the: rc:$por1IibiIltic:a of the Owner to tho S un;ly shall not be FAter thDll those of rho Owner Wider the ClllII.itroCtiOll OJntraCt. To !he limit of the IlIIlOlUJt of this Bond, butllubjCl:t to comrnitml:lU by tho Owner of ~ BBIMce of the ConlraA:t Price to m.ldgarion of COSIS lUld dBmAgcs on the: ConStnl"ICll Contract, the SW1;ty Is obligAted withDllt duplication for: 6.1. The responslbmti~ of the Contnc:lor for cOl'l"CCtion of defCCltive work lIIld ~pletion of the: Constnlction Conrraa: 6.2. Additional logAI. design plOfCllsionDl IUId dalllY 'os IS resulting ftom the ContlllClOt'$ DefaUlt, and n:sultillg from the actions or fallWlllQ lICt of the Surety undc:l' P&l1lJn1ph 4: and 6,3. Uquidetal d4J\1llgc:s, or If no liquidated clamoge:.'l are specifl~ in the ConmuctiOll Canrracr, actual damages C3Ullcd by delayed pc:rtonnllllce or non-perfonnAnce of the ConlnlClOJ'. 7. The Surely shall nOt be liable Co the Owner 9I' othcr'$ for obligations of the Contractor thae Itll WlI'CIllIlI:d 10 the Construction Conlr.lct. lUId the Blllance of the Contl'llCt Price shaIl not be Jduced ar Silt off on account of any such unrelated oblilatiOllS. No risht of action shall accrue on this BClld to any per.iOD or entity othe:r th4n the Owner or (tJ heirs, oXQ:utonJ, adml.nISlrIIIOl'!l, or succc:sson. 8. The Surety hnby w~ves notice of my chang~, including changes of time. to lhe CORStnlccloD Cantmct or to related subccmtrllca, p!m:hasc ordem and other obligBtiom;, 9. A.D.y proceeding, laSlI1 or cquilllble, undlll' this Bond mQy be inl!:tiflllcd in MY court of compelellt jurisdictlm in the location in which the work or plU'l of me worlc is located BIId shall be Uuliwtal within two years after COntliClor Default ar within tWo YClIlI after th~ COnlnlCtof cCllllcrl WOtking or within two yc:8l$ after the Surety refuses Dr fails to paform il:i obligations under thi! Bond, whlcbc1lor OCCUR flnt. If the prolfisiona of limitAtion available to 'lU'tIric::l 88 0 defense bl the jurisdiction of Ihe suit shall bo appli12blc. 10, Notice to the S~ly. the Owne:r or the ConlnlCtor shall be mo.i1ed or dollvend rD the .dIm:sa shown on 1M allflatUl"l:l pISO. II. Whllll this Bond has been furnished 10 comply with. a SlaRltory or otha legal mquUemel11 in tho location where the cODslnlction WB/l to ~ pl;Iforme' any provision in this Bond conflicting with .aid StatulClty at legal requlrcmc. shall be d=med deleted hr:refrom IlI1d provisions confonning to such stabJlOl')' or other legll mquimnCl1t shall be deemed inCOlpCruted h~in_ 'Ibe if!tent Is that Ibis Bond shall be construed as II ~tllt.ulOJ}' bond and not as a common law bend. 12, Det"anldons. 12.1. Balance of the Contract Price: The tomlBmount payable by the Owner to Ihe ClltIlrlctor under the ColtSD'Uclion ContrllCt ofier :Ill pmpc:r adjUlltm~tJ have bcCQ made, including aUowanec to the ConrraelOl' of any amourn~ R:Ccivcd or to be received by the Owncr In seltlement ot inllllllll~ or other elnim.s for damAges 10 which the ContnlClQr Is entitled, rcduci:d by all vilid and proP=' payments made to or Qn ~h.alf of Ihe ContnlclOr ,Wider the COIUlnlcrion COIltrllct. 12.2, COpSll'lIccion ConQ1lct: The: acreem~l\lbelWccn the Owner and the CORlJ1IClCIr IdenllRc:d on the sisnlll.Un: page, including all Contnct Documetl.ts and c:hang~ themto. 12.3, ConlnCIOr Default: FallW'e of the Contnletor, which ~ neIther been remedied nor waived. to pc:rfonn or olhc:rwise to comply with the temu of the Conslnlclion ConlrllCt. 12.4, Owner Default: FIIIlW'e of the Owner, which hu nelthr:t b=n remedied nor waived. to PllY thc CQntnlctor as requited by the Conalnlelicn Conll1l~t or to pcrfonn llI\d r:omple:te or comply with the omer terms lher=f. (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATNE (Architect Enei~er or orhertlarty)' Nielson, Alter & Associates, Inc. Miller, Legg & Associates, Inc:, a/b/a MrIl~r Legg 5979 Northwest 151st Street, #105 1800 North Douglas Road, Suite 200 Miami Lakes, Florida 33014 Pembroke Pines, Florida 33024 (305) 822-7800 EICDC No. 1910-28A (1984 EdltJon) 00601-2 Prepared throuih tho joint efforts of ~ Surc:ty As5oeiation of America, Engineers' Joint Contract Docwnents CommIttee, The Allllociated General Conlraetan'of America. Amene~ INtitutC of Atchlrecl$. AmcrlcSJ'l Subconrractors Association, end the ASSOCiated Specilllty Contractors. x Obligee'sllnsured's Name The City of Sunny Isles Beach Siltek Group, Ine. Obligee'sIlnsured's Mal1ing Address 18070 Collins Avenue Sunny Isles Beach, Florida 33160 4403 Dogwood Circle Weston, Florida 33331 BondIPolicy Number 21 BCSDG 4457 IMPORTANT NOTICE TO OBLlGEESIPOLICYHOLDERS - 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 terrorismcq'lerage 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 suretieslinsurers 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: [!=:J Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut [!=:J Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana [!=:J 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 of Indiana [==: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 ~, 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. fJ (\, ~ o~ 7tf~ Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE O. F co. HHE. CTICU.T} 55. 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, 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 ~nd correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of August 16, 2005. Signed and sealed at the City of Hartford. heAr? g ~...,..,........~........... ~.u....~ . =: ~.~ . ~::' :: -, ,~--,;:'E \~...\t9 7if/9. ji 1-.;:':"._ .s """'~O,\" . ftfJ~v'----- ... Gary W. Stumper, Assistant Vice President POA 2004 :Nlefson1. )fEter e!lJlssociates, Inc.. {}3ond' (j)epa,rtment Public Works Bond In compliance with Florida Statutes 255.05(1)(a) Bond No. 21 BCSDG 4457 Contractor Sifte(qrouPJ Inc. Address 4403 Dogwood Circle Weston, Florida 33331 Phone No. (954) 217-6829 Surety Company Hartford Fire Insurance Company Address 200 Colonial Center Parkway Lake Mary, Florida 32746 Phone No. (800) 824-1732 Owner Name The City of Sunny Isles Beach Address 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Phone No. ContractlProject No. Bid No. 05-04-01; ML Project No. 114122 Project Name 181st (})nve jlctlve (Parlt Project Location 18115 North Bay Road, Sunny Isles Beach, Florida Legal Description and Street Address Section 11; Township 52; Range 42; 18115 North Bay Road; Sunny Isles Beach, Florida Description of Work Park construction Front Page All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be preprinted thereon. Bond No. 21 BCSDG 4457 181ST ACTIVE PARK APRIL 10.2005 Construction Payment Bond Any singular reference to Contractor, Surety, Owner or other party shaH be considered plural where applicable. CONTRACfOR (Name and Address): SILTEK GROUP, INC. ' 4403 Dogwood Circle Weston, Florida 33331 , :)WNER (Name and Address); SURETY (Name and Principal Place of Business): Hartford Fire Insurance Company 200 Colonial Center Parkway Lake Mary, Florida 32746 CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, Florida 33160 I CONSTRUCTION CONTRACT Date: August 16, 2005 Amount: $ 7,186,423.05 Description (Name and Location): ] I 181st DRIVE ACTIVE PARK; ML PROJECT NO. 114122 PR01BCI' NAME City of Sunny Isles Beach BID NO. 05-04-01; ,~OND I ,Date (Not earlier man Constl1.lction Contract Date); Amount: $ 7,186,423.05 Modifications to this Bond Form: August 16, 2005 :ONTRAcrOR AS Company S. ek Signat Name StnrETY Hartford Fire Insurance Company Company /2 A A A (Corp. Seal) Signarure: ~ 1) 7~ :4" ~ ",,~Name and Title: Charle s D. Nielson. ~. Attorney-in-Fact and Florida Resident Agent CONTRACTOR AS PRlNCIPAL Company Signacure: Name and Title: SURETY (Corp. Seal) Company {Corp. Seal) Signature: Name and Title: EJCDC No. 191().28B (1984 Edlllon) 00600-1 'rt:p&red throlllh lhe joillt e:n:oru of th~ Swcty ~uocilltion ~f America. Engineers' 10int COnlraCL Ooc:umc:ntJi Conuniacc:. The: A&Iloc:ialed ~eneral ContndOI1 of AJneriea. American Insmure DC An:hUel:I.5. American SubconlnClOn AsSOCiation. and the Associa~ Sp,ocialty ",onU'~ors, . , 181S1' ACTIVE PARK APRIL 10, 2005 ' ConlnlClor fumishing Ill1d lhe Ollr'ller BCcepting this Bend, they a~ Il1Al 811 f'Luld5 earned by tho Con~tor in lhe penormBllce of the COIISlJuctlun Contract mt: dedicated to satisfy obliglllions of lhe COftll":lClor and the Sun:l~ under this Bond, SUbjecl (Q the Owner's priority to use the fuJ1ds for the completion of tI ~~ , , 9, The Surety shllll nOl be liable lo the Owner, Clalnunts or olh~ for , oblilQIIOllI of the COnltllClCr thlll an: UllleIllllcd 10 the COlllllnlclion Contl'llCl. The Owner shall not be Iiahle for payment of llllY costs Dr expenses of IlI1Y Clllirnlll:lE under this Bond, IIJ1d shall have \II1der this Bond no obligllticns to make pllyma1lS to. give notices on behalf of, or otherwise have obllgllllons to Claimanls under this Bond. 10. The SurelY her:by woiVe9 nOliee of lII1Y ehDnBC, inCluding ehll1licll of lime, to the CQ/lstrUction ConttaCl or 10 ~IBIt: Sl1bconI1"3.C15, purchase orden and othet' obligations. II. No suil or aetion shall be conunenccd by a Clalmllllt under this Bend other than in B court of compaoDt jurisdiction in the location in which the work or pan of the work is 1cX:lllcd or I\fIcr me elpi.cation of ene year from the da~ (1) an which the Claimant g:ave the notice required by Subp4t3graph 4.1 or Clause 4.2 (1II), or (2) an which the llllllebor or servic::c wAIl pctfonncd b)' lUl)'one or the IlISl materials or equipment wac furnished by anyone under the c:onslnlcdon Contract, whichever of (1) or (2) rUTil OCCIl3. If the provisioll:l of ibis PllI'1Igraph Ole void or prtlhlblled by law, tho rnlnimum period of limitation llvallllble 10 lIureties IS II defellse in the j\1ri$dielion of me suit shall be accl:pl:l.ble. 12. NOllce to the Swery, the Owner or the ConlnCtor shllll be mailed or delivered to the adws shown en the signat\lle page. Actual nxeipt of notico by SUI'llty, the Owner or the Canll1lclor. however Bccompllshed, shl111 be sufficicul compllonce lIS of Ihe dlIte JCCelved III the address shown on the slgnal\lft: page. 13, When this Bond ball been furnished 10 comply with a stllnnor)' or Debet' legal reqUjrQnCllt in the IOC:lI.tion \IIhe1C the consauction \IIU to be performed, any provisiDll in this Bond conflicting wim said slalulary or legal rcquiremetll lhall be deemed deleted ben:from and provisi(lill,A canfcnnms 10 sucb SUltutol)' or other legal requirement 5hall b= deemed incorpcnltcd herein. Tho Wl,,"t i&, mat this Bend SbAIl be COO9tr11ed L'l1I SllNtory bond and not as a CDQJJIlan law bond, 14. Upon requ~r by III:IY pcl'Ion or entll)' appeaMS to be D polcntiD.l beneficilllY of this Bond, the COlltnCtor shall promptly fumish a copy of this Bond or shlLlI pcmUt 11 cop)' to be mw. IS. DEFINrrlONS . IS," Claimll11l: An individLlllI or entity havinll a dm:ct contract with tJ-. Conine lor or wiLh Ii subconlnCtor of /he Concracllor to J\lrnllh IlI.bc materials or oquipmcnt for use in the pc:rfannonce of the Concrac., Tho intenl of this Sond sholl be to Include without Iimillltion in !he termS "labor, materials or equipment" that 'plitt of waler, gll.&, power, llght. hCllt, oil. I1l15olinc. telephone scrviCCl or n:n181 ~uipment used in the Cons auction Conl!'llet. architc:cruml IIIId CllClnc:crill~ services required for perfonnanee of lhe work of tho ConlI2ctor and !he CanlrGltIr's Aubcontrncton. and all othS' ilems fgr which 0 mec:hanic'& lien may be assened in the jurisdiction where the labor, mlllCrl.ls or equipmmlt w~e furnished, 15.2, COl'1strUClion Contract: The agr=ltICI:It betweCll the OWIIQ' EIIId the Conlt1lCtor idcnrified on the signarure page. incll1ding all CCIlb'llet Doc:umllllt5 I\lId chonges th~IO, , 15.3. Owner Dofault: FaillG of the Owner, which has neither been IalIcdied nor waived, to pay the Conlmetor III required by the Consnucdon Con~t or 10 p;rfonn and complete or comply wIth the othc:r lClll1S thereof, I. The Contrac:LOr and.the SlifeI)', joinIly and sevmlly, bind thenu:elves, their helr.i. ~CCUlcmi, QdmJnJAlTlIton, sUC::Cc.5SDn MId usignll to tho Owner for tho perfonnanc:e of the COI1.'IlnIerion Contract, which is incorporated haein by reference. 2. ' With respect 10 the OwnC"!', this obUgation shall be null and void If the Con tTllCtar: 2, I. Pnlznptly makes paymenl, dln:ctly or indlr1:ctly. fO!' .11 sums due Clliimant9, IDld 2,2. OefCllaA. indemnlfie9 and boldA hannlcss the Ownl:l' from all claims, demands, liens or 5uits by any person or entity wbo furnished labor, mAterials or \:CIlIipmont for lIse in the performBflce of the ConsttUCtion Conlnl.Cl, pmvidcd the O\IIIJer has promptly nOljficd the Conlnctor IInd. the Surcry (cu the adcln:ss dcsc:ribed in Paragraph 12) of any claJms. domand5, IiOn5 or sui III and lCIIdercd deCenAe of auch claims, demands, liens or suits to the Contractor :utd the Surety, and provided then: Is no Owner Default. 3. With respa:t to ClaimlllllS, thi~ obllgalion shall be null and void It the ConttBClOr promptl)' maJces. payment, dUtctly or indi=t1y, for IIl1sum& due. 4, The Surr:ty &hl1ll have 110 obligation to Claimllllts I1Ilder Ibis Bond unlll: 4.1. CIllim.:anl.'i who lI.l'e employed by or have a direct contract with the Contnlctor have given notice to lJle Surety (at tholldcheRs de.sc:nbcd in PBnlgrapn12) and sent a copy, arDolice thereof, to the Own=r, SUiting thaI a clllim is bcin, lIllIde WIder this Bond and. with subswlCial accuracy, the 1IlTID\Jll[ of the: clBim. 4.2. Claimlll1l.& who do not havo I dim:1 conll'llct with the ContnlCtor: I, Hllve fumishcd \Io11ttc:n notice to thc Conlrllctor IIIld ac:ntll copy, or nOtice !hC(lXlf, to the Owner, within 90 days mer having IlISt peri'cxmed labor or lut fumisbcd mAlerials or equipment included in me claim swing, with substantilll acclll'llcy. the ;amount of the claim IlI1d the name of the pany to whom the mlllerlllJs were fvmlshcd or supplied or fer whom thelabar "'lIS aOlle or perfunncd: 3!ld 2. HAve ehher received a rejection in whole or in pQJt from lbe Conlnt:tor. Or not l'!:Celved within 30 days of fumiahing the :IbovClJooce IIIlY c:oromuniClltian from the Conlraclor by which the Concraclor I\u 1rIc1leated the claim \111/1 be paid c1iroC1tly or indirectly: Bnd 3. Nnl bllVIng boon p4lcS within the llbove 30 dayA, hllVe lent a wrilten notice to tho Slimy (at the addtess de5cribcd in pllS1lB'"lph 12) ami 5colll ccpy. or nalice th~f, 10 the O\lll1er, stating thai a claim is being made undOl' this Bond ancl cnclosiog a CQpy of the: previous wril:len notice furnished to the Contnctor. 5, If a nOlice tequiftld by PlIPIgrIlph 4 Is given by lhe O\llllCl' to the COnine lor or to the Surety. lhll.tls suffieienl compli4llcc. 6, When the ClaillWll hu satisfied the condlrlons of PlU"llgnlph 4, tho SlUt:ty shllll promptly IUId M!be Slimy' s ~pCll5e take the following actions: !'i. I. SCDd an 1D1Iwer 10 the Claimant, with a copy (0 the Owner. within 4S days lifter RlCeipt of the claim, Slating the 3!IIQW'l1Il that!m: undisputed 4I1d tho buill far ehllllCDSini IIIlY lUJ\ounts that &Ie disputed. 6.2, Payor mange far p.yment of any undIsputed ~. 7. The Surety', total obUSlItion shallllClt ~ceed the amo\Ul[ of rhls Bond, and the amollllt ot thIs Bond shall be credited for MY pllymenl& made in soocllalth by !he Slimy, ' 8, Amaun15 owned b)' tho O\llllcr to the COntrllclOr undCll" Ille ConltrUctlon Col1tnlct shill! be used lor the performance of the ConstnlctiQ/l Contract and to 'llti,fy c:1.11m. if any, Wlder My Conaauaion P~mllUlce Bond. By the ns. BONO HIRE8\' aa-AYlHOEO 80 ntAT TMI ~ AM UUlTA110NI 0' SECTION 265.05 em SECTION "1.. FLORIOA STA'NT'E8. WHICMEVlR 'S APPUCAIM.I. AM rNCQFUIORATIO HERItH IV ASFERIHCE. (FOR INFORMATION ONI.. Y -Name. Address and Telephone) A~ENT or BROKER:. O'YNER' S REPRESENTATIVE (Architect, Engineer or other party): N1elson, Alter & Assoc1ates, Inc. M1ller, Legg & Associates, Inc., d/b/a Miller Legg 5979 Northwest 151st Street, #105 1800 North Douglas Road, Suite 200 Miami Lakes, Florida 33014 Pembroke Pines, Florida 33024 (305) 822-7800 IUCDC No. 19lo.28B (1984 Bdltloll) 00600.2 Prepared through the joint eECoru of tho S~ty Aaaoc[lItion of Americll. ElliineCl's' Joim ContraCt Documents Committee The Associated General Contractors of America. American InstilUto of Architects, American Subcontractors Association, and the A"oc'~tcd Specialty Contractorll. x Obligee's/Insured's Name The City of Sunny Isles Beach SUtek Group, Inc. Obligee 's/Insured's Mal1ing Address 18070 Collins Avenue Sunny Isles Beach, Florida 33160 4403 Dogwood Circle Weston, Florida 33331 Bond/Policy Number 21 BCSDG 4457 IMPORTANT NOTICE TO OBLIGEESIPOLlCYHOLDERS - 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 Vl(i11 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 Page 1 of 1 @ 2002, The Hartford Direct Inquiries/Claims to: POWER OF A TTORNEY :=~~~~1~~:D HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-229752 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 C=:J Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut C=:J Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana C=:J Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of IlIinois C=:J Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State ofIndiana C=: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, Wanen 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 c{. ~ () u/J '7 ~~ Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STAT,E,OFC, ONN,ECTICU,T} 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. Scott E. Paseka Notary Public CERTIFICATE My Commission Expires Oclocer 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 August 16, 2005. Signed and sealed at the City of Hartford. Dc:fr? g ~"".,',""."'~,"',".' I~-';, ," "-'..' -:~~.' :"2>..-" ....' ,. :-= \;"\t91~U -~";~~...~~.'!I"- '. "~~~.' fff);;=j/--- -- . Gary W. Stumper, Assistant Vice President POA 2004 n LJ n LJ n LJ n LJ 181ST ACTIVE PARK APRIL 10, 2005 DOCUMENT 00650 ACKNOWLEDGEMENT OF CONFORMANCE WITH O.S.H.A. STANDARDS LJ n TO THE CITY OF SUNNY ISLES BEACH n LJ n LJ n LJ ,'--' LJ n LJ n Li [l LJ n LJ n LJ n Li n LJ n LJ n LJ Ii LJ We acknowledge and agree that as contractors for t e construction of the "181 DRIVE ACTIVE PARK, 18115 NORTH BAY ROAD" I 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. .Jgainst any and all legal liabili or loss the District or the Engineer may incur due to ~) 'c, failure to comply with such act. k p L.uA.. H \cbvl---t;;L ATTEST ~\ I 0... ?e.~---t-cva ATTEST By: MA~~~~~eA- , Title: YU-b - ~/;~.s- I riA TE END OF DOCUMENT ACKNOWLEDGEMENT OF OSHA STANDARDS 00650-1 n LJ 181 S1 ACTIVE PARK APRIL 10, 2005 n u n u n LJ n u n \\ .. LJ n LJ n '!' , , ~ LJ n u THIS PAGE LEFT INTENTIONALLY BLANK. n LJ I ", " n . .~ LJ '" n LJ n LJ n LJ n LJ n LJ n LJ n ACKNOWLEDGEMENT OF OSHA STANDARDS 00650-2 LJ n LJ " LJ 1818t DRIVE ACTIVE PARK (I LJ II LJ SECTION NUMBER " LJ GENERAL- 00020 00100 00300 00310 00320 00401 00402 00403 00420 00500 00600 00601 00650 00700 00800 00900 n u n L.J (I LJ " LJ (l LJ " LJ II TABLE OF CONTENTS VOL. 1 ITEM TITLE/DESCRIPTION April 1 0, 2005 NUMBER OF PAGES Documents (biddinQ reauirements. contract forms and conditions of the contract) Notice to Bidders....................... ......... ,.................... ....... ....................... 2 I nstructions to Bidders...........................................................,............... 8 Bid Forms".......................,.......................................,... ........... ........ ,..... 4 Bid Forms - Exhibit A - Unit Price Site/Civil Bid Schedule................... 8 Bid Forms - Exhibit B - Lump Sum Architectural Work Bid Schedule 2 Bid Bond.................,............................................. ....................... .......... 2 Public Entity Crimes Affidavit .................................. ......................... ..... 2 Trench Safety Act..... ....... ................... ....... .............. ........... .......... ......... 12 Information Required from Bidders ....................................................... 4 EJCDC Standard Form of Agreement .................................................. 10 Payment Bond........"......,........................,.................... .......................,. 2 Performance Bond.........,................ ........,.............................. ............... 2 Acknowledgment of Conformance with a.S.H.A. Standards................ 2 General Conditions. ........................ ............... ................. ....... ..... .......... 42 Supplementary Conditions ....................................... ........ .................. .... 8 Addenda....... ...... ........... ............................... .. .... ............. .,............. ... .... 2 .............................................................................................................0 ..............................................................................................................0 .............................................................................................................. .............................................................................................................. .............................................................................................................. Subsurface Soils Report by: Geo Verse, Inc., and Nutting Engineers. LJ DIVISION 01 GENERAL SPECIFICATIONS .................................................. 1\ 01010 01021 01025 01030 01050 01250 01270 01290 01310 01320 01330 01340 01400 01410 01420 01500 01570 01600 01700 01701 01720 01731 01740 LJ n LJ (I LJ fl LJ fl LJ [I LJ II L.J " Summary of Work.....................,...............,............... ............................ Cash Allowances.....................,...... .................... .................... ............... Measurements and Payment .................... ..... .................... ... ................ Special Project Procedures............... ............. ..............,.. ................,..... Field Engineering...,................................,.. ...................... ........... .......... Contract Modification Procedures.... ........ ............. ................. .......... ..... Unit Prices..... .......,..... ....,.........................,............ ...... .......................... Payment Procedures...............,........ .............................. ....................... Project management and Coordination ................................................ Construction Progress Documentation .............. ,........ .............. ............ Subm ittal Procedures................. ........................................................... Shop Drawings. Working Drawings, and Samples ............................... Quality Requirements................................. .....,........... .....,.......,....... ..... Testing Laboratory Services...... .................................... ..........,............ References..............................................,.......,........................,........... . T em porary Facilities,............................................................................. Traffic Regulation.. ..................,.......................... .............. ,.... ................ Material and Equipm ent ..........,........ ................................,... ................. Execution Requirements. ............. ........... ,..,..... ..... ..,...... .., .................... PrOject Closeout........ .....,.......,................................................"............ Project Record Documents.......... ............... .......................................... Cutting and Patching..........................,.................................................. Warranties and Bonds .. ......................... ........ .... ............. ...... ..,............. 2 2 4 4 2 4 2 6 8 8 12 6 8 10 18 8 2 8 8 4 2 6 2 TABLE OF CONTENTS TOC Page 1 of 4 LJ 1818t DRIVE ACTIVE PARK 01770 .01781 01782 01820 Closeout Procedures.. ......................................,....,......................,....... Project Record Documents ............... ..................., ."......... .,......... ......... Operation and Maintenance Data .......................................... ............... Demonstration and Training.................................................................. DIVISION 02 - SITE WORK 02010 02110 02200 02210 02221 02361 02372 02470 02481 02500 02510 02555 02560 02574 02720 02750 02782 02810 02821 02830 02920 02934 02950 Subsurface Investigation.................. .................. ................................... Clearing........,........ ........................................... ...................... ............... Earthwork.....,...................................................................... .................. Fine Grading............ ........................... .............................................,..... Trenching, Backfilling and Compacting for Utility Systems................... Term ite Control........ ....... ................................. ..................................... Auger cast Piles................................ ........................................ ............. Site Furnishings-Park Furnishings......... ................. ......... ..................... Tree Relocation and Protection . ....................... ............... ..... ........ ........ Paving ..........,...................... ............................. ..................................... Maintenance of Traffic .:............. ......................... ................. .................. Water Distribution System ............' ...... .............. ...... ..... ...... ....... ........... Waste Water Collection ...... ............. ................ ........... ...... .................... Pavement Removal and Replacement ................................................. Storm Drainage Structures, Pipe and Fittings....................................... Integrally Colored Concrete..... ......... ......... .......................... ................. Clay Brick Pavers ................................................... ................... Irrigation .................................................................,.............................. Ornamental Picket Fencing, Gates and Accessories ........................... Chain Link Fencing and Gates ................................................... Soil Preparation..............................,......,...........,.......................,.,......... Sodding....................................,.........,..,.........,.........................,.....,... .. Trees, Shrubs and Groundcover ....... ........... ..................... .................... DIVISION 03 - CONCRETE 03100 03110 03200 03210 03251 03300 03310 03410 03415 03520 Concrete Formwork ...........................,...................,............................., Concrete Formwork for site..................... ............................................. Concrete Reinforcement.................................. ........................... .......... Concrete Reinforcement for site ........................................................... Joints ....... .......... ...........,... ........................... ....... ................... ................ Cast -in-place Concrete ......................................................................... Cast-in-place Concrete for site .. ................. ....... ............,............. ......... Precast Concrete.............. .................................................................... Composite Cast-in-place Pre-cast Concrete........................................ Lightweight Concrete Roof Insulation... .... .....,..................... ........ ......... DIVISION 04 - . MASONRY 04810 04816 04820 Unit Masonry Assemblies........ ..........:............................... ............. ....... Impact Resistant Glass Unit Masonry Assemblies............................... Reinforced Unit Masonry ........................ ......... .......................... ........... DIVISION 05 - METALS 05120 05310 05450 Structural Steel..................... .................................................... ............. Steel Deck..................... ...... ........ ........... .......... .......... ........... ................ Light Gage Cold Firmed Steel Trusses and Exterior Framing.............. n April 1 0, 2005 u 6 4 8 6 n u n u 2 2 6 4 8 6 10 6 10 12 2 10 8 4 8 6 2 8 6 8 8 8 12 n u n u n LJ n LJ n u n LJ n LJ 4 4 6 2 2 12 14 4 8 6 n u n LJ n u n LJ n 16 4 6 LJ n LJ n 10 4 4 LJ n LJ TABLE OF CONTENTS TOC Page 2 of 4 n u n LJ 181at DRIVE ACTIVE PARK n LJ 05500 05521 05721 n LJ Metal Fabrications...,.,.".....,............,................,.......,................,.......,... Pipe and Tube Railings..,.............,.......... .........,.................,....,.,.......,... Ornamental Railing........ ........... ...... ...... ... ..... ...... ... ........... ............. ....... DIVISION 06 - WOOD AND PLASTICS (I 06100 06160 06402 LJ II Rough Carpentry.......... .....,.....,.............................................,............... Sheathing.......,.................................................. .................................... Interior Architectural Woodwork................................................... ......... DIVISION 07 - THERMAL AND MOISTURE PROTECTION LJ II 07142 07170 07210 07211 07411 07552 07620 07710 07720 07841 07842 07920 LJ n LJ n LJ n u I' LJ II L...J n LJ n LJ M u II LJ n LJ n LJ n u n Hot Fluid Applied Waterproofing ........................................................... Bentonite Waterproofing.,.................,................................................... Building Insulation .... ............. ......... ......... .............................................. Foamed In-Place Insulation....................,. ......... .......... ..... ,.................. , Metal Roof Panels...................,.............. .... ...........................,........,...... SBS-Modified Bituminous Membrane Roofing...................................... Sheet Metal Flashing and Trim ............................................................ Manufactured Roof Specialties....... ................ .................,.... ................ Roof Accessories.................. ................................................................ Through-Penetration Fire stop Systems ............................................... Fire Resistive Joint Systems................. ............ ......................... .......... . Joint Sealants..........,....... ...................... ....................................... ......... T ABLE OF CONTENTS TOC Page 3 of 4 L.J April 1 0, 2005 12 10 10 10 8 10 8 8 6 6 14 14 10 8 6 10 8 14 181Bt DRIVE ACTIVE PARK TABLE OF CONTENTS THIS PAGE LEFT INTENTIONALLY BLANK. n April 1 0, 2005 LJ n LJ n LJ n LJ n LJ n LJ n LJ n LJ n L; n LJ n L-i n LJ n LJ n LJ n LJ n LJ n LJ n LJ TOC Page 4 of 4 n LJ n LJ (\ LJ fI u (I LJ (l u (l L; 'I LJ r-, LJ " u (1 LJ (l LJ n LJ II LJ (\ u II LJ n LJ n u II LJ n LJ 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. 18181 Drive Active Park ML Project No. 114122 City of Sunny Isles Beach Bid No. 05-04-01 Sealed bids for the construction of the 181st 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 3:00 P.M., on Friday. May 20th, 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 10:00 A.M. on Thursday April 21 st, 2005 at the City of Sunny Isles Beach, Governmental Center located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. 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. NOTICE TO BIDDERS 00020-1 n LJ 1819T DRIVE ACTIVE PARK APRIL 1 0, 2005 n LJ For further information, contact the office of the City Clerk: n LJ Jane Hines City Clerk () City of Sunny Isles Beach LJ (305) 947-0606 n LJ n u Publish Date(s): April 11 th, 2005 n LJ n u n LJ END OF DOCUMENT n LJ n u n LJ n LJ n LJ n LJ n LJ n u n NOTICE TO BIDDERS 00020-2 u n u f1 LJ {l u n u (\ L.J n u n u n LJ f1 Li :' u n LJ II LJ f' u r' I G II LJ n LJ n u (I Li " LJ (\ LJ 181ST 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 sl 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 181ST DRIVE ACTIVE PARK APRIL 10, 2005 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. n LJ n LJ n LJ n u 'l LJ n 4.2 Any modification or interpretation of the Bidding Documents will be made by LJ Addendum to all who are recorded by the Engineer as having received a complete set of Bidding Documents. (l LJ 4.3 Interpretations or modifications of Bidding Documents made in any manner other than by Addendum will not be binding. n 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 u n LJ n LJ n u n LJ n LJ n LJ n LJ n U n u n u n \ u n u (\ LJ n U n LJ n u n Li n LJ n Li (1 LJ (I LJ n LJ n v n u I' u n LJ fI Li n u n LJ fI , LJ 181ST 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. The Bidder's uncompleted work load which in the judgement of the Owner may cause detrimental impact on prompt completion of this project. The Bidder is involved in any litigation against the Owner. The Bidder has defaulted on any previous contract or is in arrears on any existing contract. The submittal of more than one proposal from an individual, firm, partnership, corporation or association under the same or different names. c. d. e. 1. 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 I 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. b. Individual - provide name and post office address. Partnership - provide name and post office address of each member of the partnership. 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 . c. INSTRUCTIONS TO BIDDERS 00100-3 181ST 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. b. c. d. e. f. g. 00300 - Bid Form 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 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 00100-4 n u n u n LJ n u n LJ n LJ n LJ n LJ n LJ n w n LJ n u n u n LJ n u n LJ n u n u n , u ,., LJ I' LJ \l L.J n u n , LJ n u n LJ n u (I u n LJ n LJ n LJ n u r L> (' LJ ! G n u n 1.-1 n Li 181ST 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. Pertormance 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. 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. b. 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 1818T DRIVE ACTIVE PARK APRIL 10, 2005 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. n u n u n u n LJ n , u In addition to the above - minimum qualifications, the Surety Company must meet the following additional qualifications. n 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 Cateaory 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 Work. 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 00100-6 L.J n LJ n u n u n LJ n LJ n LJ n LJ n LJ n u n u n u n LJ n , U n u I' LJ " LJ n LJ n LJ n u n LJ (\ LJ <, u o LJ 1\ LJ n LJ (1 LJ I' u (I LJ n LJ n Li n L.J n LJ 181ST DRIVE ACTIVE PARK APRIL 10, 2005 17. 18. 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. 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 [I LJ 181ST DRIVE ACTIVE PARK APRIL 10, 2005 n u 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. n LJ 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. n u n u n u END OF DOCUMENT n u n LJ n u n LJ n u n u n u n LJ n u n LJ n u n INSTRUCTIONS TO BIDDERS 00100-8 LJ n u n u i' u" This document has imporunt legal consequences: consultation with an attorney is encouraged with respect to its use or modification. This docwneDt should be adapted to the particular circumstances of the contemplated Project and the Controlling Law. n LJ n STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT u n u n u Prepared by n ENGINEERS JOINT CONTRACf DOCUMENTS COMMI'ITEE u and u A Issued and Published Jointly By Ii NatIonal SocIety of ProfessIonal EngIneers 1'",__.1 En,ln"n/n Pdq,. I'rat:ll" 4Sai n n n AMERICAN CONSULTING ENGINEERS COUNCIL PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN SOCIETY OF CIVIL ENGINEERS u u n u AMERICAN CONSULTING ENGINEERS COUNCn.. n u AMERICAN SOCIETY OF tIvn.. BNGINBBRS n u - 'Ibis documeat bas been approved and eDdorsed by The AIsocIaIcd a.....I T ComnoclDn of Amtrica . Construction Specifications Institute ~5:- n u n LJ i' LJ 1bese Oeaeral CcoIi!ioDs have beea prepared (or use with Ibc OwDer-Comncror ~ (No. 1910.8-A-l or 1910- 8-A-2) (1996 Editions). Their provisioas IR imerrclaIed IDd a cbaDge in ODe may aeccssitale a dwlge ill die other. ComftV'!fltfl CODCel'IIiDg their uaae IR r.tVIt..iN>4 in Ibc B1CDC User', Guide (No. 1910-50). For grtitf__ in the prqtaradon of SupplclDCl'flllf)' CADdidoas, see Guide to die P!eparatioa o( SupplemetlW)' ConcJitioas (No. 1910-17) (1996 Edidoa). ,. n LJ n ElCDC No. 1910-8 (1996 Edition) u n u n LJ n u n L.J n u n LJ n LJ n LJ n LJ n LJ n LJ fI LJ n LJ n u n LJ Copyright 01996 National Society of Profcssioaal P..p-"I 1420 King Street, A1~'l'!tndria, VA 22314 n LJ n : American Consu't,,,, ~g;-rI Couaci1 J01515cbSttecCN.W.. W~ DC 20005 Amerk:an Society of Civil EagiDcerI 345 But 47cb Street. New York. NY 10017 LJ n LJ n 00700 - 2 LJ n LJ n LJ n ~ LJ n LJ n u II LJ II LJ n LJ n LJ n LJ n LJ II LJ n LJ n LJ II LJ n u /l u n LJ II LJ n LJ TABLE OF CONTENTS ~ ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . 0 . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . 00700 - 6 1.01 Defined Terms .. 0 0 . . . 0 _ . 0 . . . . . . . . . . . . 0 0 . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 6 1.02 TeT77linology. . 0 . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 8 ARTICLE 2 - PREUMINARY MA TIERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 9 2.01 Delivery of Bonds ................................................. 00700 - 9 2.02 Copies of DOCU1TIi:nts ............................................... 00700 - 9 2.03 CommencemenJ of Contract Times; Notice to Proceed ............. 0 . . . . . . . . . . . . 00700 - 9 2.04 Staning the Work ............ 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '.' 0 . . 00700 - 9 2.05 Before Staning Construction .......................................... 00700 - 9 2.06 Preconstruction Conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 10 2.07 Initial Acceptance of Schedules . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '0 . . 00700 - 10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE .................... 00700 - 10 3.01 InJent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 10 3.02 Reference Standards .............................................. 00700 - 10 3.03 Reporting tlIfd Ruolving Discrepanciu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 11 3.04 Amending DNl Supplemenling ConJrru:t Documents ........................... 00700 - 11 3.05 Reuse 01 Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . 00700 - 11 ARTICLE 4 - A V AlLABIU1Y OF LANDS; SUBSURFACE AND PHYSICAL CONDmONS; REFERENCE POINTS 0............................................. 00700 - ~ 1 4.01 Availability of Lands .............................................. 00700 - 11 4.02 Subsurface DNl PhysiCIJI Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 00700 - 12 4.03 Differing Subsurface or Physical Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 12 4.04 Underground Fadlities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 13 4.05 Reference Points . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 13 4.06 HtrUJrdous Environmental Condilion at Site . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 007Dq - 14 ARTICLE 5 - BONDS AND INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 15 5.01 PerfOrmtJIICe, Paymenl, and OtMr Bonds ................................. 00700 - 15 5.02 Ucensd Suretiu and Insurers ........................................ 00700 - 15 5.03 Ci!rtificJ1lu oj In.sumnce ............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 15 5.04 CON1'Ri4Cl'OR'1 LillbllJJy Insurance ................................;... 00700 - 15 S.OS OWNER-'I UDbility l".,-QIICe . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 16 5.Cl6 Properq ~ ................................................ 00700 - 16 s.m w....". tf RJgIII$ ..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 17 5.08 R6cGpt 11114.4pplictz1lDn II/' 1nI:utr:znce ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 18 5.09 AcctplJl1l&e II/' BDNls 1IIIJl11Ufl1'tlllt%: 0ptUm '" ~1tJce ......................... 00100 - 18 5.10 Partilll UtiIivztion. AcIr:nowl<<lgmenl II/' Property Insurer. . . . . . . . . . . . . . . . . . . . . . . . 00700 - 18 ARTICLE 6 - CONTRACTOR.'S RESPONsmnnms ................................... 00700 - 18 6.01 SlIJ'ervislDn DNl SrlJJerinl~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . :-. . . . 00700 - 18 6.02 lAbor: Working Houn ............................................. 00700 - 19 6.03 Servicu, Materi4ls. and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 19 6.04 Progrell ~ .......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 19 6.05 Substinlles and .Or-Equols- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 19 6.06 Concerning SubconlrtlClor:r, Supplier:r, and 0theI . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 20 6.(11 PIlleIII F~ 11II4 RDyt:IlIit!I ........................................... 00700 - 21 6.08 Pllt'rllla . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 21 6.09 l.4WI QII/l R4gulmiotu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ". . . . . . . . . . . . . . 00700 - 2.2. 6.10 TGG. . . . . . . . . . . . . . . . . . . . . . . . . . . -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 22. 6.11 Use t1/ Site IIIIJl Ot1It!r belli . . . . . . . . . . . . . -: . . . . . . . . . . . . . : . . . . . . . . . . . . . . 00700 - 22. ,. 6.12 R,corrl DocItmenls . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 22. 6.13 Stlfety QII/l PrtJIecIion .............................................. 00700 - 23 6.14 Stlfety ReJ1r~'" ............................................... 00700 - 23 6.IS Ha:zD1'd ~n PrtJlrtIIIIS . . . . . . . . . . . .,. . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23 00700 - 3 n 6.16 Emergencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 23 LJ 6.17 Shop Drawings and Samples. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 23 6.18 ContiMing the Wort. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 _ 24 n 6.19 CONTRACI'OR's General Warranty and Guaran/ee . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 2.~ 6.20 Inde""'ificaJ;on. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 25 ARTICLE 7 - OTHER WORK ............................................. . . . . . . 00700 - 26 7.01 Relaled Wolt aJ Site. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26 LJ 7.02 Coord;lI/J/ion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ........................................ 00700 - 26 8.01 CommunicaJions to Contractor ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26 8.02 Replacement of ENGINEER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26 8.03 Furnish DaJa ................................................... 00700 - 26 8.04 Pay Promptly When Due. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26 8.05 Lands and Easements,' Reports and Tests. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 26 8.06 Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27 8.07 Change Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 00700 - 27 8.08 Inspections, Tests, and Approvals ...................................... 00700 - 27 8.09 limitations on OWNER's Responsibilities ................................. 00700 - 27 8.10 Undisclosed Hazardous Environme1tl/ll Condition ........................;;... 00700 - 27 8.11 Evidence of PiNlllcial ArrangemelllS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 00700 - 27 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION. . . . . . . . . '. . . . . . . . . . . . . . . . . . 00700 - 27 9.01 OWNER'S Representative ........................................... 00700 - 27 9.02 Visits 10 Sile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 27 9.03 ProjecJ RepreselUatlve ............................................. 00700 - 27 9.04 ClarifiCaJIons and InterpretaJi()ns ...................................... 00700 - 28 9.05 . Authorized VariaJions in Wort ........................................ 00700 - 28 9.06 Rejecting Dejtetive Wort. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28 9.07 Shop Drawings, Change Orders and Payments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 28 9.08 Detennill/J/ions for Unil Price Wort . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . 00700 - 28 9.09 Decisions on Requiremenrs of Con/TtJCl DocumeIUS and Acceptability of Wort .......... 00700 - 28 9.10 limitations on ENGINEER's Authority and Responsibilities .. . . . . . . . . . . . . . . . . . . . . 00700 - 28 ARTICLE 10 - CHANGES IN TIlE WORK; CLAIMS ................................... 00700 - 29 10.01 AMIhoriz.e4 OIIlnga In lhe Wort ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 29 10.02 Unaulhori:.ed atDnga ill the Wort ..................................... 00700 - 29 10.03 Execution of Ouznge Orun . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 29 LJ n n LJ n LJ n LJ n LJ n u n LJ n LJ n LJ ARl1CLS 11 - COST OF THE WORK; CASH ALLOW ANCBS; UNIT PRICE WORK . . . . . . . . . . . . . . 00700 - 30 10.04- NotIfictIti<<t.ID s.".ety "".""""""""""""""""""""""""""""""""""""""""""" 00700 - 29 10.OS aIIlIIIS 111I4 Displlta " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " . " " " " " " " 00700 - 30 n u 11.01 Cost of the WDIi' " " " " " " " " " " " " " " " " " " " " " " . . . . " " . " . . . . . . . . . . . . " . . . . " . 00700 - 30 J 1.02 Cash Allotfanca . . . . . . . " . " . " " . " " . " " . " . . . . . . " . . " . " " " . " " . " . " " " " . " " " 00700 - 32 n u 11.03 UnJt Pria Wort ................................................. 00700 - 32 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ............. 00706 - 33 12.01 OI/Jngt 01 ConJrtlQ Price ............................................ 00700 - 33 12.02 Orange of Con/TDCt 7imu .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 33 12.03 Dtlllys Beyond CONI'RACTOR 's Control ................................. 00700 - 33 12.04 Delllys Within CONTRACTOR's Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 12.05 Delllys Beyond OWNER's and CONTRA.croR's ColUrDI . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 12.()6 Dellly DtI1tIJIge6 . " " " " . " " " " " " " " " " . " . " . " .. " " . . " . " . " " " . " . " " " . " " " . " " " " " 00700 - 34 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, RBMOV AL OR ACCBPTANCE Of n u n u DBFBC"1:1VE WORK " " " " " " . . . " " . " " . . . " . . " " . " . . . . . . . " . . " . . " " " " . " . " " . 00700.. 34- 13.01 NDticl of Defects ." ,,:. " " . . " . " " " " . " " . " " " . " " " . " " " " " " " " " " " " . " " . " " . " . " " 00700 - 34 13.02 .4et:I!II1D WorI: " " " " " " " " " . " " " . " . " . " " " "f . " " " " " " . . " " " " . . " . " " " " . " " " " " 00700.. 34 13.03 Tat.r 1111411'11/11ctiolll """".""..."..".""".""".."""".""""..."""."""""" 00700 - 34- 13.Q4. ~ Wolf: . " " " " " " " " " " " " " " " " " " " " . " . " " " " " " " " " " " " " " . " " . " " " " " " " 00700.. 3S 13.05 OWNER JIJzy Stop the WDIi" . " " " " " " " " " " " " . " . " " " " " . " " " " " " " " " " " " " . " " " " " " 00700 - 3S 13.06 Correction or RetrII1wIl 0/ De,feaive WDrt ..........................,...... 00700 - 35 11 u n LJ n 00700 - 4 u n u II u n u', n LJ n u n LJ n u n LJ II LJ II LJ II LJ n LJ (I LJ n LJ II LJ n LJ n u n u n LJ n LJ 13.07 Correction Period .................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 35 13.08 Acceptance of Dqective Work . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . 00700 - 36 13.09 OWNER May Correct Defective Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 36 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 36 14.01 Schedule of Values. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 36 14.02. Progress Payments. . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 37 14.03 CONTRACTOR's Warranty of Tit It .... . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . 00700 - 38 14.04 Substantial Completion ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 38 14.05 Partial Utilization ............................................... . 00700 - 39 14.06 Fin/ll Inspection ................................................. 00700 - 39 14.07 Fin/ll Payment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 39 14.08 Fin/ll Completion Delaytd . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40 14.09 WaiverofQaims................................................. 00700 - 40 ARTICLE IS - SUSPENSION OF WORK AND TERMINATION ............................ 00700 - 40 15.01 OWNER May Suspend Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40 15.02 OWNER May TenniflQ1efor Cause. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 40 15.03 OWNER May TemUfIQ1e For Convenience . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 41 15.04 CONTRACI'OR May Stop Work or TemUfIQ1e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 41 ARTICLE 16 - DISPUTE RESOLUTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 41 16.01 Methods and Procedures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 41 ARTICLE 17 _ MISCELLANEOUS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 42 17.01 Giving Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 42 17.02 CompUlation of'IYmes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - .42 17.03 Curnulo1ive Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . . 00700 - 42 17.04 Survival of Obligations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 42 17.05 Controlling Lalv ................................................. 00700 - 42 ,. 00700 - 5 n u GENERAL CONDmONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Dqined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda-- Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agree~nt-1be written instrument which is evideace of dte agreement between OWNER and CONTRACTOR covering the Work. 3. Application/or Payment-The form acceptable to ENGINEER. which is to be used by CONTRACTOR during the course of the Work in requesting progress or rmal payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos-Any matcrial that contaios more than ODe pcrceDt asbestos aDd is friable or is releasing asbestos fibers into the air above curreztt action levels established by the United States Occupatioaal Safety IDd Health AdmiDistration. s. Bid-1"be offer or proposal of. bidder submitted OD die prescribed form Ieuiag fordldle prices for the Work to be performed. 6. Bidding DOCIlIMntS- The Bidding Requirements aDd the proposed Contract Documems (including all AddeDda issued prior to receipt of Bids). 7. BUlding Rtqrdrtments- The Advertisement or Invitation to Bid, IDstructioas to Bidders, Bid sec:urity form, if 11I,)', aDd the Bid form with III,)' rupplemears. 8. BDn4.r-Pcrform.aace aDd payment bouds and oCber iDsttumcars of 1CCUrity. 9. OIIlnge 0,.,.-1.. documtDl recommended by ENGINEER wbic:h Is sigacd by CONTRACTOR aad OWNBll aDd audJorizea lI1.-1dition. ~ or revision in die Work or ID Idjustmeat In the Coattact Price or the 00700 - 6 n LJ Contract Times, issued on or after the Effective Date of n the Agreement. LJ 10. Cltzim--A demand or assertion by OWNER 01 CONTRACI'OR seeking an adjustment of Contract Price n or Contract Times, or bolb, or olber relief with respect to LJ the terms of the Contract. A demand for money or services by a third party is not a Claim. n LJ 11. Con/ract-- The entire and integrated written agreement between the OWNER and CONTRACTOR n concerning the Work. The Contract supersedes prior negotiations, representations,' or agreements, whether U wrinen or oral. n 12. Contract Documents-The Contract Documents U establish the rights aDd obligations of the panieS and include the Agreement. Addenda (which penain to the Contract Documents), CONTRACTOR's Bid (including documemation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the SupplementaIy Conditions, the Specificatioas aDd the Drawings as the same arc more specifically identified i1 the Agreement. together wilh aU Written Amendments, CbaDge Orders, Work Change Directives, Field Orders, and ENGINEER. 's written iDlerpretatioas and c1arificaticms issued on or after the Effective Dare of the Agreemem. Approved Shop Drawings and che reports and drawiDp of subsurface and physical c:ouditioos are DOt CaII:ract ,hnto.lIIIfIIIft. . 0Dly priDted or bani copies of the items listed in ,Ibis paraeraph me,Coatract D()/.umMIf$ . Files in e1cdroaic media format "of text, daIa, JnIPhics. aud the like chat may be fumisbed by OWNER to CONTRACTOR arc not Contract Documents. n u n u n U n u n u n u 13. ContTtld Price- 'Ibe moocys payable by OWNER. to CONTRACTOR for completion of the Work in n accordance widt the Contract Documents as swed in the LJ Agreemcat (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). n u 14. ConIract 7ima-1be IIUIDbcr of days or Ibe da!es swed in the Agreemeat to: (i) achieve SubsCaDdal CompIcUoa; IDd (u") complete the went 10 Chat it is ready for fiDaI paymeDt IS evideaced by ENGINEER'. written ,.recomllV!lldttioa of final paymeot. IS. CONTRA.C1"OR- The iadividual or eatity widt whom OWNER has Cll!ered into the Agreement. n U n u n LJ n u " LJ n u, il LJ n LJ n LJ n u il LJ il LJ il LJ n~ LJ n LJ n LJ II LJ n LJ il u n u n u n LJ n LJ 16. CoSI of the Wolt-See paragraph II.OI.A for definition. 17. Drowings- That part of the Contract Documents prepared or approved by ENGINEBR which graphically shows Ihe scope, cxtcDt, aud character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so derIDed. 18. Effective Dale of the Agreement--The date indicated in the Agreement on which it becomes effective, but if nO such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER-The individual or entity named as such in Ihe Agreement. 20. ENGINEER's ConsulItllIJ-An individual or entity baviDg a CODIrICt with BNGINBBR 10 furnish services as ENGINEER's independcDt professional associate or CODSUltaDt with respect to the Project and who is . identified as ~ in the Supplementary Conditions. 21. Fiel4 Order..A written order issuCd by BNGI- NEER which requires minor changes in the Work but which docs DOt involve a c:haoge in the Contract Price or the Contract Times. 22. General RequiremtnlS-Scctions of Division I of the Specifir.Rtions. The GeIIeraI Requirements pertain to all sectioDs of die Specifications. 23. Htl1.JD'{lous Environmental Condltion- The preICDCC . tbe Site of Asbestos. PCBs. Petroleum. 8IzardouI Ware. or Radio-edYe Nataial in such ql-mtW or &'C1I"'.- dill may praeat . aubsWItial daDpr to perIOIII OJ' plopcrty exposed tberao in c:oDDeCtion with the Wort. 24. HlJZJlrdous Waste-The term Hazardous Waste shall have the ~ning provided in Section 1004 of the Solid Waste Disposal At:I. (42 USC Section 69(3) as a~ from time to time. 25. Laws tmd ReguJt1tions: Laws Dr Regu/lllions-AIJy and an appIicabJe ....... rules. n:~,t..ioas. ordin.~, codes. aad orden of aD)' IDIf an ~ bodies. qeacieI. autborWes. ad coans haYiD& jurisdictioD. 26. LImr....Qargcs. ~ iDIerests. or encwabrIDceI upoa Project fuDds, real property, or pcnoaaI propertY. 00700 - 7 27. Milestone-A principal event specified in the Contrad Documents relating to an intermediate comple. tion dare or time prior to Substantial Completion of all the Work. 28. Notice of Award-The written notice by OWNER to the apparenl successful bidder stating that upon timely compliance by the apparent successful bidder with the conditioDS precedent listed therein, OWNER will sign and deliver the Agreement. ' 29. Notice to Proceed--A written noticc given by OWNER 10 CONTRACTOR fIxing the date On which the Contract Times will commence to run and On which CONTRACTOR shan start 10 perform the Work UDder the Contract Documents. 30. OWNER-The individual, entity, public body, or authority with whom CONTRACTOR has eatered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization-Use by OWNER of a substan- tially completed pan of the Work for the purpose for which it is intended (or a related-pUrpose) prior to SubstaDlial Completion of all the Work. 32. PCBs-Polychlorinated biphenyls. 33. Petrokum-Petroleum, including crude aU or any fraction thereof which is liquid at staDdard conditions of temperature aDd pressure (60 dcpcs Pabreobeit aDd 14.7 pounds per square iDch absolute).. such IS all. petroleum. fuel on. aD sludge. on refuse, pso1iDe. keroscDc. aDd oil mixed with other DOD-Hazardous Waste aDd crude oils. 34_ Proj<<l-~ total consuuction of wbk:h Ibe Wort to be performed UDder die CoIIInct ~mIt'!I'IN . may be Ibe whole. OJ' . part II may be tntfi,..,.t~ elsewhere in die Conttac:t DoanD'!Pf$. 35. Project ManutIl-1bc b1nmd d~Jlry information prepared for biddiDg and const:ruc:dDg the Work. A listing of the CODtCDIS of the Project Manual. which may be bouDd in ODe or more volumes. is contaiDed in Ibe table(s) of c:ontcnts. 36. RDdiotIc:tive MitleriIII-Scarc:e. IpCCiaI DUCIcar. OJ' byproduct IIIIfaialIl.defiDed by die Aromic I3Dcrgy Act of 1954 (42 use Section 2011 et Ieq.) IS ameoded from time to time. ,. 37. RaidenI Proj<<t RepreunttJlive- The authorized leplese'.ntJl'iv4: of BNGINEmt wbq may be usf&Ded to die Site OJ' aD)' part daereof. 38. SanvJles-Physical examples of materials. equipmem, or workmanship that are representative of some ponion of me Work and which establish the slaDdards by which such portion of the Work will be judged. 39. Shop Drawings-AJI drawings, diagrams, illustra- tions, schedules, and other data or information which arc specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site--Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which me Wode is to be perfOI1lled, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER. which arc designated for the use of CONTRACfOR. 41. S~Cifiaztio1U- That part of d1e Contract . DoaQDeQtlL! CODSistiDg of written 1eChnica1 dcscriptiODS of materials, equipment, systems, standards, and worlanaDShip as applied to the Worle and certain atlminiAtrative details applicable mereto. 42. Subconlractor--An individual or entity having a direct contraCt with CONTRACTOR or with any other Subcontractor for the perfonnance of a part of the Work at the Site. 43. SubstQlJtial Completion-The time at which the Worle (or a specified pan Ihereof) has progressccl to the poiDt where, in tbe opiDioa of ENGINEER. the Work (or a specified part tbereof) is lUfficicDlly compleCc, in accordaDce ,with die CoIIttact DocumeDls, 10 that the WOIk (or a specified part tbereof) CIA be .1tJ'i,.~ for the purposes for wbid1 it is iIiteucIecl The terms .~tty complefe- aad -1IP~Jll{y completedw as applied to an or part of die Wodcrcfer to SubstamiaI Completicm 1berc:of. 44. SupplemenJlUy Conditions-That part of the CoIIttacC [)ocumerItt which amends or supplemems these GeaerIl CoaditioDs. 45. SupplUr-A 1II.8IIUfacture, fabricator, supplier, distn"butor, marerialman. or veador having a direct CXXIttICt with CONTRACTOR or with aD)' SubcoDtractor to fumish materials or equipmeat to be iDcorporaled in the Work by CONTRACTOR ~ ~ Subcoacraclor. .c6. Un4ergroIIn4 Ftldlities-All UDdergrouad pipeliaes, coaduits. ducts, cables, wires, manholes, YIUkI, taDb, tuIUIeII, or ocher sa facilities or ,ffJlli""',", aad IDf eacascmems CODt.ll1nll1l such faeWtiea. iDcludiDa Ibose Ibal c:oavey dCdric1Cf, lases, 00700 . 8 n u steam, liquid petroleum products, telcphoae or other communicatioDS, cable television, water, wastewater, n stann water, other liquids or chemicals. or traffic or other control systems. U 47. Unit Price Work--Work to be paid for on the n basis of unit prices. LJ 48. Work-The entire completed construction or the n various separately identifJable parts thereof required to be provided under the Contract Documents. Work includes U and is the result of performing or providing all labor, services, and documentation necessary to produce such n coDStl11ction, and fumisbiDg, instaUiDg. aDd iDcorporating u all materials and equipment into such construction, all as required by the,Contract Documents. n u 49. Wolt Clumge Directivt-A written statement to CONTRACfOR issued on or after the Effective Date of the Agrec:mem and sigocd by OWNER. aDd rec:omm~NI by BNGINEBR orderiag an addition. deletion. or revision in the Work. or respcmdiDg to differiDI or unforeseen subsurface or physical conditioDS UDder which the Work is to be performed or to emergencies. A Work Change Directive will DOt change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as tc> its effect, if any, on the Col1tract Price or Contrac Times. n LJ n LJ n u n LJ so. Written AlMtulm8u-A written ltatemem modifyiDg the CoDlract Dt-lm"""tJ, lipcd by OWNER aDd CONlRACI'OR. OIl or after Ibc Bftectivc Date of the Agreement aad DDDD&11y dealiDg wiIh !be ~g;~ring or DODtI'V"Jtn~ radIer cbaIl strictly CODStn1Ctioa-rdated aspects of Jbc Coatnct ~1IDeIItS. 1.02 Terminology n u n u n u A. Inlenl oj ~rtDin Terms or /i/ljeaivu 1. Whenever in the Contract Documents the terms "as allowed, W "as approved," or terms of lite effect or import are used, or the adjectives -reasoaable, W "suitable," -acceptable. - "proper,. -satisfactory,. or adjectives of lib: effect or import arc used to describe an action or determiDadoD of ENGINEER as to die Work. it is iDleaded Ibat such ICdoa or dcfcnaiIIadoIl will be solely to evaluate. in lcaezal, cbc complct.ccl Work for 90mpliaDcc with cbc rcquiraaaJts of aDd iDfcxmadoD in tbc Coattact ~ IDd coaformaDce with cbe design coaccpt of the completed Project as a fuDctioaiDg whole as sbown or iodicIccd In cbc CoattIct DocvtJ'M'f~ (UDles there is I specifIC 5CatemCDt imieJltl"'l otherwise). The. n u II LJ n u n u n U n LJ II u II use of any such cerm or adjective shall DOt be effective to assign to ENGINEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undenake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documcnts. LJ II u II B. Day u ARTICLE 2 - PRELIMINARY MA ITERS 2.0 I Delivery of Bonds A. Whcn CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver 10 OWNER such Bonds as CONTRACTOR may be required 10 furnish. 1. Tbe word "day" shall constitute a calendar day II of 24 hours measured from midnight to thc ncxt midnight. 2.02 Copies of DocumenlS u C. Defective n 1. Tbe word "defective," whcn modifying the word "Work," refm to Work thai is unsatisfactory, faulty, or deficient in that it does DOt conform to the Contract Documents or does not meet the requirements of any inspcc:tion. rcfereace staDdard, ccst, or approval rcfcrTcd 10 in the Contract DocumeDIs, or has been damaged prior to ENGINEER's recomm.-ndation of fmalpayment (unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accor- dance with paragraph 14.04 or 14.05). u '(1 u n L.J (I LJ D. Furnish, Install, Perform, Provide II 1. The word "furnish," when used in connection with services, materials, or cquipment, shall mean to supply and deliver said services, materials, or equipment to the Sire (or some odler specified location) ready for use or installation and in usable or operable condition. u \1 u (I 2.. Tbe word ..install," wbell used in COI1Dl:Ction wiIh services, materials, or equipmcat. IbaIl mean to put iaf.o use or place in fiaI1 position IBid ae:rvices, materials, or equipnat compIdc ad ready for int~ UIC. L.J 11 L.J 3. Tbe words "perform" or "'provide," whm used in coDDCCCioD wkh scrvice&, 1DIICriaIa, or equipment. shaU mean to furnish and iDsta1I said aervices, materials, or equipment complete and ready for inteDdcc:l use. II LJ (I LJ 4. When"'fwDish." ..install," "perform," or "pro- vide" is DOt used in CCJDIICCtioI1 with services, maccrials, or equipmeat in I coatcXl clearly requiring an obligation of CONTRAcroll. "'provide" is implied. E. Unless ItItcCI 0Cbcrwise in die Comract ~~$, words or pbrasa which haft . wcU-tDown ~ or CCJIIIttUCtioD iadIIItI)' or trade me-ni'1g are used in the ComrIct DocumeD" ill ICCOtdance with such ncogaized ~nlnE. n u n u (I u n 00700 . 9 u A. OWNER shall furnish 10 CONTRACTOR up to tcn copies of the Contract Documents. Additional copies will be furnished upon request at Ihc cost of reproduction. 2.03 Commencement of Conrracr nmes; Notice 10 Proceed A. Thc Contract Times will commClJel'! to nm on the thinicth day after the Effective Dale of the Agreemenl or, if a Notice to Proceed is given., on the day indicated in the Notice to Proceed. A Notice to Proceed may be giVCll at any time within 30 days after the Bffccdve Dale of thc Agreement. In no event will the Contract Ti,mes commence 10 nm later than Ibc sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever dace is earlier. 2.04 Starring the Wort A. CONTRACTOR shall start 10 perform the Work on the dale when dJc ContraCt Times commence to nm. No WoIt shaI1 be dooe at the Site prior to the date on which the Contract TIDlCI C(\mm~ to run. 2.'OS Before Starling CDnstnlctiDn A. CONI7lAcroR~ Review l1/ 0NrIrrIct l>ocrunenU: Before UDderta1dDg each part. of !be Wort, CONTRACI'OR . shall 'carefully .study.urJ"compare Ibe CoaIract .DocumeatJ and chect aDd verify peniDeDt figures lberein aDd all applicable fiel4 mcasuremcats.. CORTRACTOR shall promptly report in writiDg 10 ENGINEER any c:cmfIict. error, ambiguity, or discrepaDcy wbicb CONTRACTOR may discover aud Ihall obtain a written infeIprcwion. or clarificat.ioD from ENOINBER before p~i", with any Wod:affected.lbclcbyi however, CONTRACTOR.sbaIl DOt be lilblc CO OWNER or ENGINEER for faII1n CO report IDY conflict. mor, ambiplty, or disc:repaDcy In die CcmIract Docvmefl'c uaIea CONTRACTOR bew or rea.soaably sbould haft blown cbcrr>>f. B. PrelimiNuy ScMtIula: Within leD days after the Effective Dale of the Agreemeat (~ otherwise spccl5ed in the General RequiremeDlS). CONTRACTOR shall submit to ENGINEER. for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing Ihe various stages of the Work, incJudiDg any Milestones specified in Ihe Contract Documents; 2. a preliminary schedule of Shop DrawiDg and Sample submittals which will list eacb required submittal and the times for submitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Wotk which includes quantities and prices of items which wben added together equal the Contract Price and subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performauce of Ihe Work. Such prices will iDclude an appropriate amount of overhead and profit applicable to each item of Work. C. Evidenct of Insuranct: Before any Work: at the Site is started. CONTRACTOR and OWNER shall each deliver 10 the other. with copies to each additional insured. identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additiOD8l insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and Jl'llIintain in accordance wilh Article 5. 2.06 Preconstruction Confertnce A. WiIhin 2D days after the Contrac:t Times start ro run, but before lIlY Wort at the Site is started. a confercace aueaded by CONTRACI'OR., BNGINBBR, and others as lIJ!lIIot'f- will be held to establish a wod:iDg uaderstaDdiDg aIDDD& Ibe parcies as to die Wen IIDl1 to discuss die ICbcduleI zefemd to in paragraph 2.0S.B. procedures for hll1Vni.,g Shop DrawiDgs IIId ocber submitta1s. proccssiDg ApplicatioDs for PaymeDt.1JJd mJintllining required records. 2.07 lniJial AccepttlllCe of SchedJdes A. Ualess otherwise provided in the Contract Docu- mealS. at 1eut leD days before submissioD of the first Applicadoll for PaymeDl a conference atteDded by CON- TRACTOR, ENGINEER. aad ocben as appropriate wU1 be bdd 10 levicw for acc:eptabllity to ENGINEER as provided below tbe ICbecJttles submitted in ac:cordaDce with paragraph 2.05.B. CONTRACI'OR.1baU haVe ari IIdctidoaaI t= days to mab correc:tkms ad Idjustmears and to complete and RSUbmit die 1CbeduIes. No progress paymeltt sbaII be made to CONTRACI'OR. unill acceptable schedules arc submitted to BNGINBBR.. 00700.10 n u 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of Ihe n Work to completion within any specified MUestoncs and the Contract Times. Such acceptance will not impose 0 LJ ENGINEER responsibility for the progress schedule, fOl sequencing, scheduling, or progress of Ihe Work: nor n interfere with or relieve CONTRACTOR from u CO~CTOR's full responsibility therefor. n 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals wlll be acceptable to ENGINEER if it LJ provides a workable arrangement for reviewing and processing the required submittals. n u 3. CONTRACTOR's scbedule of values will be .acceptable .to, ENGINEER.as to form and substance if it provides a reasonable' allocation of the Contract Price to component parts of the Work. n u ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING. REUSE n LJ n u 3.01 In/en! n A. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. u B. It is the iDtcD1 of the Contract Documems lO describe a functionally complete Project (or part lhereof) to be constructed in accordaDcc with the Conttacl Documents. A11.y labor, ~lmenmtiOD, services. materials. or equipment that may rcasoaably be iDfcrred &om the Contract Docu- meats or froIq pzevai1iDc custom or trade usage as beiug required to produce tbe W~~ result wU1 be provided wbdbcr or DOt specifically.caIIed for . 110 additioDal cost to OWNER. n I ' U n u n u C. Clarificatioas ..,'and' iDterpretatioas of Ibc Contract Documents shall be issued by ENGINEER. as provided in Article 9. n u n 3.02 Reference Standards u A. SttmdiurIs, SpedfiClJliDns, Codes. Uzws. tmd RegulaliDns n LJ 1. Rcfel'CDCC to staDdards. specificatioDs. manuals. or codes of aD)" t<<hnical society, O~i7.AtiOD, or assoaatioD, or to Laws or RcgfIlPdoM, wbeda such r;cfereacc be specific or by Implicatioa, IbaJl meaD cbe staDdard. spec:i1IcItior\. Inllmllll, code. or.Laws or Regula- noDS in effect at the time of opcaiaa of Bids (or on the Effective Date of the Agrccmeat if there were 110 Bids), il u n u n u n u II LJ (I LJ (I LJ (I u II u n u except as may be otherwise specifically stated in the 3.04 Amending and SupplemenJing Contract DocumeNr ContraCt DocumentS. 2. No provision of any such standard. specifICation, manual or code, or any insuuction of a Supplier shall be effective to change the duties or responsibilities of OWNER. CONTRAcrOR, or ENGINEER, or any of their subcontraCtOrs. coosultants. agents, or employees from those set forth in the Contract Docwnents. nor shall any such provision or insuuction be effective to assign 10 OWNER. ENGINEER. or any of ENGINEER's Consultants. agentS. or employees any duty or authority 10 supervise or direct the performance of the Work or any duty or authority 10 undertake responsibility inconsistent with the provisions of the Contract Documents. n 3.03 Reponing omJ Resolving Discrepancies LJ (I I LJ :' LJ II u II u n u n LJ n u n u n LJ n u n LJ n u A. Reponing Dircrepander 1. If, durin& the performance of the Work. CONTRACTOR cliscovCft my coofIict, error. ambiguity, or discrepaDcy witbiD the CoDttact DocumcnIs or between the Comract DocvtJY'!ftk aDd my provision of any Law or Regulation applicable 10 the performaucc of the Work or of any staDdard. specification. manua1 or code. or of any insttudion of any Supplier, CONTRAcrOR sball report it to ENGINEER in writing at once. CONTRACTOR shall DOt proceed with the Work affected thereby (except in an emergeacy as required by paragraph 6.16.A) until an aIMftl'ImMIt or .supplemeDl to the Comract Documents has beea issued by ODe of the methods iDcIicarcd in parapph 3.04; provided. however, Ibat CONTRACTOR shaD. DOt be liable 10 OWNER or ENGnmBR for failure 10 report IDf lOCh ccmfIict. error, ambiguity, or dis- aepIIIC)' UDIess CONTRACTOR ~ or reascmably Ihou1cI bne kDowD.dIcreof. B. Resolving Discrqxmdes 1. Except as may be 0Cberwise specitica11y stated in the CoIIUIClDocumetJtl, die provisioas of the Contract Documeob shaD take preoedellCe in resolving any conflict. error, ambiguity, or discrepaDcy between tbe provisions of 1be Coattact DocumeDls and: L Ibe provisioas of any staDdard. specification. 1DIDUlIl, code, or iDstnicCioD (wIIed1er or DOt specifi- cally iDcorporIfecl by refCIaICC in the Contract DOCUUJI"!IIlS); or b. die provisioas of any Laws or Regulations applicable to die pcrforIIIIDCC of Cbc Work (UD1ess such aD iDIerpretItioD of die provisions of the CoDttact I)oaIJ1II"'Ifll would result ill \iolatioD of such Law or ResuJadoa). 00700 . II A. The Contract Documents may be IUIlCDded 10 provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amendment; (ii) a CbaDge Order; or (Hi) a Work Change Directive. B. 11ac requirements of the Contract Documents may be supplemented, and minor variations and. deviations in the Work may be authorized, by one or more of the following ways: (i) a Field Order; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarification. 3.05 Reuse of DocumenIr A. CONTRACTOR and any SubcoDll'actor or Supplier or other individual or entity performing or fumishiog any of the Work under a direct or indirect contract with OWNER.: (i) sball not have or acquire any title 10 or owncnhip rights in any of the Drawings, SpeciflCllions, or other documents (or copies of any thereof) prepared by or bearing the seal -of ENGINEER or ENGINEER's CoosultaDt, including electronic media editions; and (ii) shall DOt reuse any of such Dra~ings. Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER aDd ENGINEER and specific writteD verification or adaption by ENGINEER. This prohibition will survive fmal payment, completion, and acceptance of the Work, or termination or completiOD of the ContraCt. NotbiDs herein sbaI1 preclude CONTRACTOR from retaiDiDg copies of the Contract Documems for record pwposes. .unCLE.( - A VAD..ABIUTY OF LANDS: SUBSURPACE'AND'PHYSlCAL CONDmONS; R.8FBRBNCB POINTS 4.01 AwzilablUty of Lands A. OWNER sbaIl furnish die Site. OWNER sbaJl DOtify CONTRACTOR of any eDCUDIbl'lDCCS or rcstrictiODl DOt of geaeral application but lpCCifica1ly re1aled 10 use of Ihe Site with which CONTRACI'OR must comply ill performiDg the wort. OWNER will obtain In I timely mAIIIW' aDd pay for easemet1lS for permaaeat IU1ICtW'CS or pernuftll!ftf cbaDBea in existiDg faclJ~. If CONmACI'OR aDd OWNER arc uaalJle to .. CIl ~---., to or CIlIbe '-D or exrem. if 1It', of Ill)' IdjuscmeDt In die CoattIct Price or CoDIract Times, or both, as I result of my delay in OWNER', fumishiD& die Site, CONTRACTOR may make I Claim therefor as provided in paragraph 10.0S. B. Upon reasonable writteD request, OWNER shall furnish CONTRACTOR with a current statement of record legal tide and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a meclw1ic's or construction lien against such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construetion facUities or storage of materials and equipment. 4.02 Subsurface tmd Physical Conditions A. Repons tmd Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER bas used in preparing the Contract Docu- meats; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or conliguous to the Site (excepc Underground Facilides)tbat ENGINEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACI'OR on TechniClll Data AuJhoril.ed: CONTRACTOR may rely upon the general accuracy of the IItcclmicaJ data" contained in such reporu aDd drawings, but such reports and drawings uc not Coatract ~. Such ..~ data" is ideatifJeCl in the Supplemeawy ConditioDs. Except for such re1iaDce on IUC'h .t~1 data," CONTRACI'OR may DOt rely upon or make any Claim qaiDst OWNER. ENGINEER, or any of ENGINEER. '5 CoasuI'lItft with respect to: 1. the completcDe1s of such reports ad drawinp for CONTRACTOR's purposes, iDcludiDg, but DOt limited to, any aspc:cts of the means, methods, tecImiqucs, sequences, IDd procedures of construction to be employed by CONTRACI'OR. and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information comaiDecl in IUCb reports or shown or indnfed ill such drawiaas: or 3. any CONTRACfOR ~ion of or c:oacJusioD draWll fmm any -~ data- or any IUCb other data, illlcrprelations, opinioas, or information. 00700 . 12 n u 4.03 Differing Subsurface or Physiazl Conditions n A. Notice: If CONTRAcroR believes that any subsl'- LJ face or physical condition at or contiguous to the Site that Wlcovered or revealed either: n I. is of sucb a nature as to establish that any U "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially r inaccurate; or u 2. is of such a nature as to require a change in the n Contract Documents; or LJ 3. differs materially from that shown or indicated in n the Contract Documents;. or U 4. is of an unusual nature. and differs materially from conditions ordinarily encountered 'and generally n recognized as inherent in worle of the character provided U for in the Contract Documents; n then CONTRACTOR shall, prompdy after becoming aware LJ thereof aDd before furtber disturbiDg the subsurface or physical conditions or performing any Work in CODDeCtion n, therewith (except in an emergeocy as reqUired by paragraph I 6.16.A), JIOtify OWNER and BNGlNBER in writing about U such condition. CONTRACTOR shall DOt further disturb such condition or perform any Work in connection therewif n (except as aforesaid) until receipt of written order to do so. LJ B. ENGINEER's Revi4w: After receipt of written notice as requinld by paragraph 4.03.A, ENGINBER. will promptly review the pertiDcDt CODdition. deIermiJJe die DeCeSSity of OWNER', obtaiDiDg additional exp10raticm or tcsCI with respect Ibcreto, and advise OWNBR In writiDg (widt . copy to CONTRAcroR) of ENGINEER's find;__., and CODClusioas. r u n U n C. . 'Possible Price and 7imes Adjustments u 1. The CoDttlCt Price or the Contract Times, or both, will be equitably adjusted to the exrcDt that. the existence of such differiDg subsurface or physical condition causes an iDcrease or decrease in CONTRACTOR', cost of, or time required for, perfor- maace of the Work; subject, however. to the following: a. such coadition must meet my ODe or mOre of the categories described in paragraph 4.03.A; ad ,. b. with respect to Wotk that is paid for on a Unit Price Basis, any adjustment In Coattact Price will be subject to the provisions of parqnphs 9.0fl ad 11.03. n u n u n LJ n u n L.) n u . A. OWNER IbaIJ provide ~riDg surveys to establish refereace pom for c:oasttuctioD which in ENGINEER'. J~ are DeC:e$W)' to enable CON- TRACfOR. to proc:ccd widl the W~rt. CONTRACfOR. sbalI be respoaslble for IayiD& _die Work, sbalI procect aDd presene die ~l.i.shed refcrcuce points aDd property 00700 -13 n u n 2. CONTRACTOR shall DOt be entitled to my adjusUDeDl in the Contract Price or Conttact Times if: LJ\ \l a. CONTRACTOR. knew of the existCDCC of such conditions at the time CONTRACTOR made a fmal commiUDCDt to OWNER in respect of ContraCt Price and CoDtnCt Times by the submission of a Bid or becoming bound under a negotialcd contraet; or LJ n u b. the existc:occ of such condition could reasonably have been discovered or revealed as a result of any ~"'lImirllltion. investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract DocumeDlS to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such fmal commitment; or n u n u n U c. CONTRACTOR. failed to give the written notice within the time and as required by paragraph 4.03.A. n u 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any , of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, aod ENGINEER's Consultants shall DOt be liable to CONTRACTOR for any claims, costs, losses, or dam8ges (including but DOt 1imiu:d to aU fees and charges of ~--s. architects, attorneys, aod odJer professionals and all c:oun or arbitradcm or other dispute resolution COllI) sustaiDccl by CONTRACTOR OIl or in coDDedion wid1 any otber project or lDIicipated project. (1 LJ n LJ n u n u 41.04 Underground FtId/JIies A. SIIDtIIft Dr 1n4ictIH4. 'I1Ie iafonnadaI1 aad dara .1howD or jMito.ated ill tile CODtrICt Doc:umenls .with respect.to existiD& UndcqrouDd Facilides at or CODliguous to the Site. . is based OIl information aad data fumisbcd to OWNER or ENGINEER by the owaerI of such UDdergroUDd Pacilities, iDcluding OWNER. or by otben. Unless it is ,otherwUc expressly provided in die Supplementary Conditions: n LJ n u n u 1. OWNER aod ENGINEER shall DOt be rcspoasible for die ICCUl'ICY or completcllesS of any such information or data; ad n u 2. the c:ost of aD of cbe foUowiDg wUI be iDcIuded in the CoatrIct Price, ad CONTRACTOR shaD ha~ full rapoasibDity for: n u .. reviewiDg aad c:bI'1"Hng aU such information IDd data. n LJ n u b. locating aU UDdcrgrouDd Pacilities shown or indicated in the ContraCt DocumeDts, c. coordination of the Work with the owners of such Underground FacUitics, 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 Shown or IndicaJed 1. If an Underground FacUity is uncovered or revealed at or contiguous to the Site which was DOt shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents. CONTRACTOR shall, promptly after becoming aware thereof and before further disturbiag conditions aft'ccted thereby or performing any Work in c:onoeetion therewith (except in an cmcrgcocy u required by paragraph 6.16.A), identify Ibc owuer of such UDdcrgroUDd Facility aud give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground FacUity. During such time, CONTRACTOR sha11 be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER. coacludcs .that a change in the CODtrICt Docu~ is required, a Work ChaD&e Directive or a 0wJge Order will be issued to reflect aud docu1Dent such conscqucaccs. An equitable adjUSUDcll1 sbaJ1 be made IIlIIIe Comact Price of Conttact Times. or boch, to.dIe eDeIIt tbal dJey are attributable to die . . ~ or 1ocatioIl,of my UDdeqruund Facility Chat .~. was DOt'shown or .iPdjMIted or DOt showi1 or indicated . .~, widJ"n:uomJh1c ~-l':)' in the Conttact Documents and . that CONTRACTOR did DOt blow of and could DOt reasonably have been cxpeeted to be-aware of or to have .nt~ed. If OWNER aad CONTRACTOR are UD&b1e to agree 011 entidcmcnt to or on the amount or extent. if any. of lIlY such IIdjustmclll in Comract Price or Contract Tunes, OWNER or CONTRACTOR may make a C1alm therefor as provided in paragraph 10.OS. 41.0S R~erence PDinl~ monuments, and shall make DO cqes or relocations wichout Ihe prior written approval of OWNER. CONTRACTOR shall repon to ENGINEER whenever any rcfercocc point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate repla=ment or relocation of such reference points or propcny monuments by professionally qualified personnel. 4.06 Hozardous EnvironmenJal Condition Q/ Sitt A. Repons and Drawings: Reference is made to the SupplcmcotaIy Conditions for the identification of those rcpons and drawings relating to a Hazardous EnviroDJDental Condition identified at the Site, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limit<<l Re/iQ1lCe by CONI'RACI'OR on Technical DQJa Ibdhoriz<<l: CONTRACTOR may rely upon the gcoeraJ accuracy of Ibc "rccJmica1 data" contained in such reports and drawings, but such repons aDd drawings arc not Coatract DocUD1Cl1lS. Such "tcclmieJI data" is identified in d1e Supplementary COuditiODS. Except for such reliance on such "ff'L".hnqJ data," CONTRACTOR may not rely upon or make an)' Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: I. the completeness of such rcpons and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, tcc:Imiques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and pmgrams incideat thereto; or 2. other daJa. imelprewioDs, opinions and iDfonaadoa cozaiDed in such reports or shown or p.,r"..,,,,,,, in IUdJ. drawiDp; or 3. aD)' CONTRACTOR iDtcrpretation of or CODCIusiOll drawn from any "fet".hnica1 dataw or any such otber dala. imerprewkms. opinions oriDformation. C. CONTRACTOR sba11 not be responsible for any Hazardous EoviroDmeDta1 Condition UDCOvered or revealed It cbe Site which was DOt ~ or j,vtieated in Drawings or ~~ or identified in the Cootract Documcms to be widIia die scope of die Work. CONTRACTOR sbaU be RSpOIISlbte for. Hazardous PaviroDaII:DtaI Coadition crcmd with Ill)' marerials lmJugbt to the Site by CONTRACTOR. SabcoDlractDn, Supplicn, or aD)'ODC else for whom CON- TRACI'OR is Rl]JClllSlblc. D. If CONTllACI'OR CDCOUII!ers . Hazardous Sa:Iviroamemal CoDc6doa or if CONTRACI'OR or anyone for whom CONTRACTOR is responsible crates . Hazardous 00700 - 14 n Environmental Condition. CONTRACTOR shaD immcdi- U atel)': (0 secW'C or otherwise isolate such condition; (iI) stop all Work in coancction with such condition and in any area fI affected thereby (except in an emergency as required' U paragraph 6.16); and (iii) notify OWNER and ENGINEl (and promptly thereafter confum such notice in writing). n OWNER sba11 promptly consult with ENGINEER conccrniDg! : the necessity for OWNER to retain a qualified expen to U evaluate such condition or take corrective action. if any. n E. CONTRACTOR shall not be required to resume U Work in connection with such condition or in any affected area until after OWNER has obtained any required permits n related thereto and delivered to CONTRACTOR written u notice: (i) specifying that such condition and any affected . area ,is,or,has .been rendered safe for the resumption of Work; n or (ii) specifying any special conditions under which such Work may be resumed safel)'. If OWNER and U , CON'IRACTOR cannot ,agree as to entitlement to or on the amount or cxteDt. if any. of any adjustmcDt in CoIIttICt Price If or Contract Times, or both, as a result of such Work stop- U page or such special coaditions UDder which Wort is agreed to be resumed by CONTRACI'OR, either party may make a n Claim therefor as provided in paragraph 10.05. LJ F. If after receipt of such written notice n CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to U resume such Work under such special conditions, then OWNER may order d1e ponion of the Work that is in tl n area affected by such condition to be deleted from the Work.. LJ If OWNER and CONTRACTOR cannot agree as to entitlement to or on die amount or exrcat, if any, of an n adjustment in Comract Price or Comnct TIDIeS as a result of deletiDg IUCb portion of the Work, then citber party may U make . Claim therefor as provided in parIIraph 10.OS. OWNER may ha\'C such deleted portioIl of die Wort n 'pcrfonocd'by OWNER's owo-fCX'ClCS or ocbcn in accordance u with Article 1. G. To the fullest extcDt permitted b)' Laws and Regulations, OWNER sbaJl indemnify and hold harmless CONTRACTOR. SubcoDtraclOrs, ENGINEER. ENGINEER's Consullams and die officers, directors. 'partners, employees, .gems, otber consultaDls, and subcontractors of each and any of them from.and against all claims, costs, losses, and damages (mcludiDg but DOt limited to all fees and c:barges of cagiDeers. arehiMloft. 1ItOrDe)'I. aDd other professionals aDd all court or arbicratiDll or other dispute reIOlution costs) arisiDe out of or rcIadDg to a Hazardous EaYironmcatIl Coaditioa.. provided dJal'such HazardoIIs EuviroDm=tal Coaditioa: (i) wu DOt sbown or inJieated in tbe DrawiDgs or Specifications or idemificd in the Coattact DocuJDentl CO be iDcluded withllllbe scope of the Wort, and (11') was DOt crcat.ed by CONTRAeroR or IT anyone for whom CONTRACTOR Is respcmsiblc. NothiL, n u n U n LJ n U If u n LJ n LJ II u (l LJ'- in Ibis paragraph 4.06.E sba11 obligate OWNER to indemnify any iDd.ividual or CDlity from aod against the cooscqucoces of rha1 iDdividual', or CDtity'S own negligence. n H. To lbc fullest CxtcDl permitted by Laws and Regulations, CONTRACTOR sball indemnify and hold barm1ess OWNER., ENGINEER, ENGINEER's CoosultalllS, and lbc officers, dirccIon, partDerS, employees, agents, other COIISU1taDtS, and sutx:oDb'aCtOrS of each and aD)' of them from and agaiDst an claims, costs, losses, and damagcs (including but DOt limited to a11 fees and charges of engineers, arctUtedS, anomeys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relatiDg 10 a Hazardous EnviroameDtaI Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. NotbiDg in this paragraph 4.06.F shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or catity's owo negligcnce. LJ n u n u n U II u n I. The provisioos of paragraphs 4.02, 4.03, and 4.04 arc DOt imended to apply 10 a Hazardous Environmental Condition uncovered or revealed at the Site. u II LJ ARTICLE 5 - BONDS AND INSURANCE (l 5.01 Perjomwnce, .Payment. and Other Bonds u II A. CONTRACTOR shall furnish performance and paymeDt Bouds, each in aD. amoum at least equal to the CoDttaCt Price as security for tbe faithful performamce aod pa)'meat of all CONTllACI'OR's obliptioDS UDder thc Coauact ~. These BoDds IhaIl remain in effect at leat uad1 ODe YCIr after die dare wbca fiDal paymc:Dt becomeI due. em:pt II proYidcd 0IberwiIe by Laws or Rer1n- or by die CoaInct"'-~. CONTRAcroR sball also fumish such oCbl:r.Boods IS arc required by the CoIIttact DocumentJl. u (I u II L.J II B. All Bouds shall be in the form prescribed by the CoIIUaCt DocumeDtS escept as provided otherwise by Laws or hguIaDoas, and sbaIJ be executed by such sureties IS are DIIDClCl in dIc curratt list of .~11''''$ Holdiag Certificates of Authority IS Acceptable Sureties on FcderaI Bonds aDd as Accep1ablc R.ciDsuriDg CompaniC$- IS publisbcd in Circular S70 (~ by die fiaIDcial ~~ Service, SIRCy DoDd!raach. U.S. DcpanmeDt of Ibe Treasury. All Boads sip:d by aD IgCDl must be accompanied by . ccnified copy of IUCI1 agcac" aurboritf to let. C. If the surety on &DY BoDd fumished by CON- nu.croR Is declared baabupt or bec:omcs iDsolvCDl or ibi right to do busiDcss Is tcrDIiDaled iD aay stale where aay part of Cbc Project Is located or It ceases to meet Cbc requirements LJ 11 U n u n LJ II LJ n 00700 - IS LJ of paragraph S.OI.B, CONTRACTOR shall withia 20 days thereafter substitute another Bond and surety, both of which sball comply with Ihe requirements of paragraphs S.OI.B and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documenls to be purchased and maintained by OWNER or CONTRACTOR shall be obtaincclJrom surety or insurance . companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for lbe limits and coverages so required. Such surety and iDsuraDCC companies shall also meet such additional rcquiremecIS and qualifications as may be provided in the Supplementary .Conditions. 5.03. ~nifiCQJes of Insurance A. CONTRAcrOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- meDtary CoaditiODS, certificates of iDsuraDce (aDd other evideDce of insurance requested by OWNER or any other additional insured) which CONTRAcrOR is required to purchase and mllintJlin. OWNER Shan deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (aDd other evidence of insurance requested by CONTRACTOR or any other additional insured) which OWNER is required 10 purchase and JIlai"taiD. 5.04 CONTRAcrOR's liobility Insurance A. CONTRACTOR shall purchase aud m.intllil1 such liability and other insuraDce as is appropriate for the Work beia& performed aad as.will provide pIOteCtioD from claims set fordl below 'Whid1 may .arise out of or result from CONTRAC1OR'I performiDce of rbe Work aDd ~NTRAcroR'I, ocher' obUplioos UDder. tile Ccmttact . Doc-~I!ftk, whether it .is to be pcdormed. by CONTRACTOR, my Subcoatractor or Supplier, or by anyoDC diredly or iDdirectly employed by any of Ihem to perform any of thc Work, or by anyone for whose acts any of them may be liable: 1. claims UDder workers'. compensation, disability benefits, and other aimllar employee benefit acts; 2. claims for ~cs because of bodily injury, occupational sicbas or disease, or death of CONTRAC1OR'I.employc:el; l' 3. claims for damages because of bodily injury, sickDess or disease, or death o~ any perIOD odIcr than CONTRACTOR', employc:el; 4. claims for damages insured by reasonably available pcnooal injury liability coverage which are sus- tained: (i) by any perIOD as a R:Sult of an offeusc directly or iDdirecl1y related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or dealh of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle. B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: I. with respect to insurance required by paragraphs 5.04.A.3 through S.04.A.6 inclusive, iDclude as additioaal iasureds (subject ro any c:ustoawy exclusion in respect of professionalliabUity) OWNER, ENGINEER, ENGINEER's CoDSUltaDlS, and any other individuals or entities identified in the Supplementary Conditions, aU of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partDCrs, employees, ageDlS, and other consultants and subcoottaClors of each and any of all such additional insureds, aDd the insuraocc afforded to these additional insureds sba1l provide primary coverage for all claims covered thereby; 2. iDcIude at'least tbc specific coverages aad be wriuen for DOt less !ban (be limits of liability provided in die SuppJemeuwy Coaditioas or required by Laws or RcgulatioDs. wIddJever is arearer: 3. include completecl operatioDs iDsuraDce; . 4. iDclude conttactualliabnir;y insuraIICC covering CONTRACTOR's iDdemnity obligations UDder para- graphs 6.07, 6.11, aDd 6.20; 5. contain a provisiOD or endorsement that the coverage afforded will DOt be caaceled, materially (".hlntgtJd or reacwal mused UDdl alleast rbirty days prior wriuea DOticc bas been given to OWNER aDd CONTRACTOR aDd 10 each ocher additioaal insured idealified in rbe SupplememaIy Coadidoas to whom a cenificare of iDsunace bu' bCea issued (1Dd die cenificates or iDsuraDcc !umiIbcd by tbc CONTRACTOR pursuam 10 paragraph S.03 wUllO provide); 6. remain in effect alleast uad1 fiaal paymeat aad at all times tbereaft.er wbeA CONTRACTOR may be 00700 .16 n LJ correcting, removing, or replacing defective Worle in accordaace with paragraph 13.07; and n LJ 7. with respect to completed operations insuranc. and any insurance coverage wrinen 00 a claims-made n basis, remain in effect for at least two years after fmal payment (aDd CONTRACfOR shall fumisb OWNER. and LJ each other additional insured identified in the Supple- meotary Conditions, to whom a ccrtificate of insurance n has been issued, evidencc satisfactory. to OWNER and LJ any such additional insured of continuation of such insurance at fmal payment and one year thereafter). n 5.05 OWNER's liability Insurance LJ A. In addition to the insurance, required to be provided by . CONTRACTOR ,under paragraph 5.04. OWNER, at OWNER's option, may purchase.and maintain at OWNER's expeuse OWNER'SOWD liability iDsurance as will protect OWNER against claims which may arise from operations WIder the CoDlraCt Documents. n LJ n LJ n 5.06 Property Insurance LJ A. Unless otherwise provided in the Supplemeotary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof (subject to 5uch deductible amounts as may be provided in the Supplemeotary Conditions or requ~ by Laws and Regulations). This insurance shall: 1. include the inlerests of OWNER. CONTRAC- TOR. Subcontractors, BNGINBBR. ENGINEER's ConsultaoU, aad any other iodividua1s or eadties identi- fied in the SuppII'!llV!l1tJl"Y Conditions, and die officers, cIirec:fon, partaen, employees, .ems, and otbcr consu1taDfS and subcoattIctors of each 8D4 81l.Y of dJcm. CICh of wbom is~med"t.Obaw m iDsurab1e iatezest aDd shall be listed IS an additiooal.insural; n LJ n LJ n LJ n l..J n 2. be written on a Builder's Risk -all-risk" or open periJ or special causes of loss policy form dlat shalJ at least iDcludc insurance for physica110ss or damage to the Work. temporary buiJtfil1p, false wort. and materials aDd equipment in ttaDSit, and shall iDsun: against at least the following perils or causes of loss: fire, lightning, exteDded coverace. cliett. "nc1alism and malicious mi.sd1ief, eardIquake, collapse, debris removal. demoUticm oc:casioaecl by enforcemem of Laws and ReguJadoas, WIler' damage, IDd such otbcr pcdls or causes of loss IS may be spedrJCally ~ by the ~lememary Coaditions; u n LJ Il LJ 11 LJ n 3. include expeases incurred in clIe repair or replacement of any insured property (mcludiDg but DOt limited Co fees IDd c:barges of ~ aad architects); LJ n LJ n LJ II LJ II 4. COYCf IDIlCrials IDd equipmeDl stored at the Site or at another location that was agreed to in writin& by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; LJ n LJ n 5. allow for paniaJ utilization of the Worle by OWNER; LJ 6. include testing and startup; and II LJ 7. be maintained in effect until fmal payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with 30 days written noticc to each other additional insured 10 whom a cenifi- cate of insurance has been issued. n LJ II B. OWNER sbal1 pwdwc IDd m2!linr..m such boiler and 1I'2!lt"-hiDery iDsuraDcc or additioaal property insurance as may be required by me Supplemeatary Conditions -or Laws and Regulatioos which will iDclude the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured. LJ n LJ II L-J II C. All the policies of insurance (and the ccnificateS or other evideDce thereof) required to be purchased and ntllifttllmM in accordance with paragraph 5.06 will contain a pRMsioD. or eodorscmeDl tbal d1c coverage afforded will DOt be c:m:ded or materiaJly chsanr' or renewal refused until at leIst 30 days prior writtal DOtice has been given to OWNER and CON1'RACI'OR'and to each ocher additioaal insured to whom a cenificate of iDsunacc has bceD issued and will u COIdIin waiver pn:Msiaas ill ICCOrdaDce wiIh parI8I'IIi1 s.m. LJ n u II D. OWNER.1haIl DOt be rcspcmsible for .purcbasin& aDd' . IPlIintll;ning any property iDsuraDce spectfaed ill dUs' paragraph 5.06 to prated the interests of CONTRACTOR, SubcontractOrs, or others in me Work to the eXteDt of any LJ declucu"ble IUIlOUDtS that are ideDtified in the Supplemeawy CoaditiOQS. The risk of loss within such identified deductible n IUDOUIIl will be borDe by CONTRACTOR. SubcontraCtOl'S, or others sufferiDg any such loss, and if any of them wishes LJ property iDsuraDce coverage within die limits of such aJDOQDtl, each may purcbase and m.inrllin it at d1e n purcbascr's own expease. (I u n LJ E. If CONTRACTOR rcqucsu in 'WI'itiD& dial otbcr n special insurIace be iDcluded in the property iDsurIIIce . u policies provided under parIII'IPh 5.06, OWNER sball, if oossible. include such iDsuraDce, aDd rbe cost tbeRof will be n ~ to CONTRACI'OR by 1IW1"i"'We OwJge Order or WriUeo ~lIV'!nt Prior to com-~ of the Work LJ 00700 - 17 n LJ at the Site, OWNER shall in writing advise CONTRACTOR whether or nol such other insurance bas been prOCW'Cd by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR iDIcDd that all policies purchased in accordancc with paragraph 5.06 wUl protect OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, di.rectors, partners, employees, agents, and other consultants and subcontraCtors of each and any of them) in such policies and will provide primary coverage for a1l1osscs aDd damages caused by the perils or causes of .loss covered .thereby. All such policies shall contain provisions 10 the effect that in the event of payment of any 'loss 'or damage tbe insurers will have DO rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRAC- TOR wai~ all rights against each otber and their respective officers, clirectors, panners. employees. agents, aud other consultants and subcontraCtors of each and any of them for all losses and damages caused by. arising out. of or resulting from any of the perils or causes of loss covered by such policies and any other propcny insurance applicable to the Work; and, in addition, waive all such rights against SubcontraCtors, ENGINEBR. ENGINEER's CoDsultaDtS, and all other individuals or entities identified in ~ Supplemen- tary Conditions to be lislcd as insureds or additional insureds (and the officem, directors, partDCrs, employees, agents, and . other consultaldS aud IUbccmttacfors at each aDd any of cbem) under such policies for losses aDd damaaes 10 caused. None of Ibe abcm: waivers Ibal1 extcad to the rights that any party mlln"l such waiver may baveto d1e proceeds of iDsurance held by OWNER IS truStee or otherwise payable UDder any policy 10 issuecL ': B. . OWNER waives 'all rialds qaiDst CONTRACTOR. Subcontractors~ ENGINBBR. 'ENGINEER's ConsuJtsmk, and the offacen. din:c:toa, partacrI, employees, ascots, aDd other consultants and subcontractors of each ana any of them for: 1. loss due to busiDess inrerruption. loss of use, or other consequential loss ern-Mi"B beyond direct physical loss or damqe to . OWNER's property or the Work caused by, arisiD& out of, or resulting from fzre or other perU whetber or DOt iDswed by OWNER; aDd 2. loss or damage to the completed Project or pan ~ Ibereof caused by, IrisiDg out of, or IaUJring frvm fiR or Of\aa' iDsurecI peril or cause of loa covered by any propeny insuraDce 1"'_lnt.ilV'llf OIl the compleu=d Project or pan thereof by OWNER dwiDa parda111tUWJltinn pursuant to paragraph 14.05, after SubsnantiAl Completion B. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in 6.01 Supervision and Superintendence interest shaJ1 object in' writiq within 15 days after the occ:uaCDCC of loss CO OWNER's cxa'CUe of this power. If A. CONTRACTOR sball supervise, inspect,.aDd 4irect such objection be made, OWNER. IS fiduciary shall make the Wad:: compet"'tttly aDd efticieDdy, dl:woCiDc such attaItion scaJemeut with the iDsurm in accordaDce with sucl1 thereto aDd applying such sldUs aDd expertise .. may be agreemeat IS die parties ill imcrcst may reach. If DO sucl1 necessary to perform the Work ill accordaDce with Ibe ~ IIIIDD& Cbe pal1ies in iaraat is ~he:d.. OWNER ComrIct ~.~. CONTRACTOR IbaII be IOldy .. fiduciaIy IhaIlldjust ad reaIe die loss with the iasurcn J'eSlK"'ISibIe for die meaDS, med1ocIs. t&dmiquca, aequeaces, ad. If~ ia wridaa by III)' party In iatcreIt. OWNER.:'- 'aDd pI~~ of'-clCmstructioD..'" CONTRACI'OR IbaIl as f'Kluciary sbaI1 give bond for cbc proper performaacc of ,DOt be lCIpOIISIole :.for.:the ncgIigeace.. of, OWNER or. such duties. ENGINEER. in:Cbc .design '.01", specificatioa of a specific mcaas,' method, tecbDiquc, sequeace, or proceclure of coastructioa wbich is shown or indi{"...ted in aad expressly requinld by cbc CoaIracll)nto.lnn~. CONTRACl'OR shal1 be rcspoasible to see d1at the completed Work complies accurately with the Comract Documems. pursuant co paragraph 14.04, or after fmal payment pumw1l to paragraph 14.07. C. Any iDsuraDce policy maintained by OWNER cover- ing my loss, damage or consequential loss referred to in paragraph 5.07.B shall COD1aiJ1 provisions 10 the effect that in the eveDl of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against CONTRACTOR, Subcontractors, ENGINEER, or ENGINEER's Consullallts and the officers. direcIOrs, partners, employees, agents, and other consultants and subcontractors of each aDd any of them. 5.08 Receipt D1II1 Appliauion of Insurance Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with OWNER and made payable CO OWNER as fiduciary for the insureds, as their iDlerests may appear, subject to the requirements of" any applicable mortgage clause and of paragraph S.08.B. OWNER. shall deposit ill a separate acc:oUllt any moucy so receiwd aad sbalI distribute it in accordaDce with such agnlC. meat as Ibe parties in interest may reach. If DO other special asreelllClll is reacbed, the damaged Work sbaU be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.09 AcctplDllCt of Bonds and Insurance,. Option to Repl<<e A. If eilber OWNER or CONTRACTOR has any objection to the coverage afforded by or ocher provisious of the DoDds or iDsuraDce RqUiIed to be purcbased aad rmamnn-f by 1bc ocbcr party in ICCOrdaDce widl Article 5 on 1bc basil of DOD~ormaace with Ibe CoDIract Documents, the objectiag pm, IbaIlIO aacify ~ OCher pm, in writiDg widdD 10 days after receipt of lire ccnificIrt:a (or OCher eYideace requeacI) required by parasrIJIh 2.05.C. OWNER. aDd CONTRAcroR shall each provide to Ibe ocher such Idditit-I iDformIdoa. in respect or iasunace provided IS lbc other may reuoaably request. If either pm, does DOt . padIase or _iftt.1n III of die Boads IDd iasurIDoe required 00700 . 18 n of such party by tbe Contract Documencs, such party shall u notify the other party in writing of such failure 10 purchase prior 10 the start of the Wort, or of such fallure to m.intain n prior to any change in the required coverage. Withou prejudice to any other right or remedy, the other pany may elect 10 obtain equivalent Bonds or insurance CO protect such other party's interests at the expense of the party who was required to provide such coverage, and a ChaDge Order shall be issued to adjust the Contract Price accordingly. LJ n LJ n 5.10 Panial Util;zalion, AcknowledgnumJ of Property Insurer LJ n A. If OWNER f!Dds it necessary to occupy or use a portion or ponions of the Work prior CO Substantial .Completion of.al1the Work &S provided in paragraph 14.05. no such use 'or occupancy shalI'com~ before Ibe iasurers providing Ibe property insuraDce:purIUIIIt CO paragraph 5.06 have acknowledged notice thereof and In writiDg effected any changes in coverage necessitated thereby. The insurers providing the. property insurance shall COD.SeDt by eadone- meat on the policy or policies, but the property iDsurance shall not be canceled or permitted CO lapse on accoum of any such pania1 use or occupancy. u n LJ n LJ )l u n ARTICLE 6.; CONTRACTOR'S RESPONSmlUTIES u n u n u fI LJ n u n LJ B. At all times' duriag Cbe progress of 'die ,Wort, CONTRACTOR shall assign a competeat residellt superiD- teadellt tber$ who shall DOt be replacecl without wriuen DOUce to OWNER and ENGINBBR except UDder extnordiaary ~.'"~.III"CI. The superiateDdeat wID be C01)lTRACTOR's rep...-m-tive lilbe SiIe aad shall have authority to. act on behalf of CONTRACI'OL An cornmt,,"<:aI'tioas giwu fD or receiwld !rom Ibe superiatcDdcDt sha1I be biDdiag on CONTRACl'OR. n LJ n LJ n LJ n LJ n LJ r-> u n 6.02 lAbor: Working Hours LJ A. CONTRACTOR shall provide competent, suitably qualified penoonel to survey, layout, aDd CODSuuct Ihe Work as required by the Contract Documents. CON- TRACTOR shall at aU times maintain good discipline and order It die Site. n u II LJ B. Except as otherwise required for the safety or protection of persons or Ihe Wort or propeny at the Site or adjacent Ihereto, and except as otherwise stated in the Contract Documents, all Wort atdle Sire sba1I be perfonned cluriDg regular working hours, and CONTRACTOR will not permit ovenimc work or the performance of Wort on Saturday, Sunday, or any legal holiday wilhout OWNER's written cooseDt (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 11 LJ n u [, LJ 6.03 Services, Mmerials, and Equipmen/ n A. Unless otherwise specified in the General Re- quirements, CONTRACTOR sba1I provide aDd assume full respoosibility for all services, materials, equipment, labor, lr'IDSpOlUtion. construction equjpmcm and machinery, IOOls, appliances, fuel, power, light, heat, telephone, water, samtary facilities, temporal)' faci1itics, and all od1er facilities and incidentals necessary for the performance, testing, start-up, and completion of dle Work. LJ (I LJ n u B. All materials and equipment incorporated into the Wort shall be as specified or, if not specified, shall be of lood quaIi1y and aew, e=:pt IS odacrwise provided in the CoDttICt ~ll. . All wammies and JUIl'IIlICCS specifically caned for by tile Specificadons' shall expressly nm to Ibe beacfil of OWNER. If IeqUircd by ENGINEBR, CONTRACI"OR IbaII furni.Ih satiJfIctmy evideace (mcludiDc reporII of requiIecl aem) IS 10 1be IOUI'CC. tiad. and quaIky of materials and equipmeat. AU materiaJs and - equipmeat sblIIl be stored. applied, iDsca11ecl. ~, erected. protecfCCl, used, c1eaacd, and cooditioncd in accordaace with instructions of the applicable Supplier, except as otherwise may be provided in the Coatract Docu- 1DCIdI. n u n u (I G n LJ n 6.04 Progress Schedule A. OON1"RACI"OR IbaI1Idbere to tbe pro&Ia5 sdJeduJe estabIisbccl in accordaDCC with paragraph 2..07 as it may be adjuslCCl from lime to time as provided below. I. CONTRACOOR IbIIlIUbmJt to ENGINEER for ICCCpWJCC (10 tbe cxteII1 iDdicated in paragraph 2..07) proposed adjuscmeats ill the propas schedule Cbat will DOt redt in eh.~ Ibc Coattact Tames (or MilesIoaes). Such adjustmems w1I1 coaform geaeral1y 1.0 the propas ICbcdule Cbca in effect and IdditioaaUy wU1 comply with 00700 .. 19 LJ n u n u 11 LJ 11 LJ any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in d1e progress schedule that will change the Contract Times (or Milestones) shall be submined in accordance wilh the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accordance with Article 12. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specifIed or described in the Contract Documents by using the name of a proprietary item or the name of a panicular Supplier, the specifICation or. description is intended to establish the type, function, appearaDCC, and quality required. Unless the specification or description rnntlll;nl: or is followed by words reading that no like, equivalent, or "or-equal- item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circum- stances described below. ' 1. "Or-EqIlll1" Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or~- item, in which case review and approval of !be proposed item may, in ENGINEER', sole discretion, be accomplished without compliaDcc with some or aU of the requilem.eDls for approval of proposed substitute items. For the purposes of Ibis paragraph 6.OS.A.l, a proposed item o( material or equipmeDt will be . CODSideRd fuDcdcmaIly equal ro III item 10 a.amcd if: a. in the exercise of reason,ble jtl~t ENGINEER determiDes.that: (i) it is at least equal in quality, durability, appcaraoce, 1tIeDgth, and design characteristics; (il) it will, reliably perform at least equally. weD the function imposed by the design coDCept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no iDcrease in COIl 10 the OWNER; aDd (ii) it will conform substaDtia1ly. even with cIeviatioas, 10 the detailed requitemears of the item named in the CoatlIct ~1Peats. ,. 2.. Substitute Ilems a. If in BNGINEER', sole discretion an Item of malcria1 or equipmcm proposed by CONTRACfOR does DOt qu&::ry U III -or-equalw Item UDder paragrapb 6.05.A.I, it will be considered a proposed substitute item. b. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to detcrmiDe that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests 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 6.0S.A.2.d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances. d. CONTRACTOR sba11 rust ma.kc writteD application to ENGINEER for review of a proposed substitute item of material or equipment chat CONTRAcrOR seeks to furnish or use. The application sball cenify that the proposed substitute item will perform adequately the functions and achieve the results called for by the geaeral design, be similar in substance to lbat specified, and be suited to the same use as that specified. The application will stale the extent, if any, to which the use of the proposed substitute item will prejudice CONTRAcrOR's achievement of Substantial Completion on time, whether or DOt use of the proposed substitute item in the Work will require a cbaoge in any of the CoaIract 00cumeDIs (or in the provisioDs of any otber diRct CODIl'8Ct with OWNER. for wort OD the Project) to adapt the design to the proposed substitute BIll aDd whether or DOt iacolporadoa or use of die proposccInbsdtoodtcm in CCIIJIICdioD widllbc Work is subject to paymcm of any IkeDse fee or royalr;y. All variations of dJe pro- posed substitute item from that specified will be identified in the application, and available engiaccriog, sales, maintenlltJee. repair, and replacement services will be indicated. The application will also cootain an itemized estimate of all costs or credits that will result directly or indi- reedy from use .of 1UCh' substitute item, iDcluding COSCS of RCIcsip aDd claims of ocher CODtt8CtOrS affeccecl by any RSUl&iD& chaoge, aU of which will be COIISidaal by ENGINEER in eval1WiDg dJe proposed substitute item. BNGn.qmR may I'ClQIIR CON- TRAcroR to fumish additioaal data about tbe pro- posed subscitutc item. B. SubstiIIIIe 0Jnstrut:IiDn MelhtxJs Dr PrtJCedJuu: If a lpCCiflC meaDS, mccbod, Iedmique, scqueace, or proccclure Iii coastnICdoa Is sboWD or Indicated ill aDd expressly 00700 - 20 n u required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, tedmique, n sequence, or procedure of CODSUUCtion approved by ENGI- NEER. CONTRACTOR sbaIJ submit sufficient iDformatic to allow ENGINEER, in ENGINEER's sole discretion, t~ determine that the substitute proposed is equivalent to that n expressly called for by the CoDttlCt Documents. The proce- u dure for review by ENGINEER. will be simUar to that provided in subparagraph 6.OS.A.2. u n LJ C. EngiMer's EvabJa/ion: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or n submittal made pW'SUllll to paragraphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of acceptability. No U "or-equaJ" or substitute will be ordered, installed or utilized until ENGINEER's review:is complete, which will be evidenced by either a CbaDge. Order for a substitute or an approved Shop Drawing for an ~or equal.. ENGINEER will advise CONTRACTOR in writing 'of any negative determination. n \ U fl u D. Special Guaranree: OWNER may require CON- TRACTOR 10 furnish at CONTRAcroR's expense a special performance guarantee or other surety with respect to any substitute. n LJ E. ENGINEER's Cost.ReimbursemelU: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluatiDg substitute proposed or submitted by CONTRAcroR pursuant to paragraphs 6.05 .A.2 aDd 6.05.1 and in making dJaD&es in the Coatract Dot.."ments (or in the provisions of any oCher direct coattact with OWNER for wort OD the Project) occasicmed thereby. Whether or DOt ENGINEER. approves a subsliUIre Item 10 proposCcl or submitted by CONnAcroR, CONTRACI'OR sbaIl reimburse OWNER for the c:haqeI of BNGINBBR aDd . ENaINEER.'~'rw-'f1nIN .for.eval1llldDg each IId1 proposed substiuItc. n LJ n u n u n u P. CO.N'IXAcroR~ Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or-equa1" at CONTRACTOR's expease. n u n 6.06 Concerning SubcolUractors. Suppliers, and Others LJ A. CONTRAcroR sbal1 DOt employ any SubcoDttaCtOr, Supplier, or oCber iadividual or aWty (iDcludiDg those acceptable to OWNER IS iDdicatecl in paracraph 6.06.B), wbctbcr iDidaJly or. a RP1acemem,.apiast wbom OWNER may ha~ ra~lI~ objectioD. OONTRACI'OR sbaU DOt be required 10 employ any SUbc:oattactor, Supplier, or ocher iDdi&ual or eadty to furaiIh or perform any of cbe Work against whom CONTRACTOR bas IeUODIble obJec:Uoll. B. Ifthc Supp'L'!IIV'.IItJII~ CoadiCioas require the idcDtity of certain SubcoDttactorl, SUppliers, or 0Cbcr individuals or n LJ n u n u n u , n LJ A. CONTRACTOR shall pay all liceuse fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention. design, process, product, or device is specified in the CoDttaCt Documems for' use in the performance of Chc Work'8.Dd if to Chc actualla10wlcdse of OWNER or ENGINBBR its use is subject.to pateDt rights" or copyrights cal1iDS for the paymeal of my liccase fee or royalty to odlers, tbc exilteuce of such risbU shall be cUsc:losed by OWNER in tbc COIIttacll)o.~.I.--Gtt. To the D. CONTRACTOR shall be solely responsible for fuIleIt eXIeIIl pemdUed by LawI ad R&p1aticms. 1Ched1l1i1lg ad c:oordiDatiD& cbe Work of Subc:oIdrIcton. CONTRACIOR'.: IbIll ,~mnlfy ad holcI harmless Sapp1ica. ad odIer indMduIIs or eatities performill&.oi'. .. ~WNER..:ENGINBBR."ENGINBBR" CcmsukaDts, ad the NraishiDc my of the Work UDder a diIec:t or indirect COIItt3Ct ~ . '_ officers;~diIectorsi'panucrs,.%mployCCl.or agcms, ad other wld1 CONTRACTOR. consultaDts -of each-aDd u.y of-1bcm from aDd apiDst all claims, COSU, losses, aad cIama8es.(mcJntf... but DOt limited 10 all fees aDd c:barges of ~, arcb~, aaomeya. aDd other professioaals aDd' all court or ubiIration or other dispute resolution costs) wiDe out of or relatiDa to any iafriDgemem of paICDl rights or c:opyrights ~ to die use in lbe pcrfOl'lD8llCC of lbe Wo~ or resultiD& from the iocorporation in tbc Wad:: of UI)' inveadon. desigD, process, product. or device not spec:ifiecl ill the Contract DocI,m~ts. n LJ n c:adIies to be submitted to OWNER. in advance for aa:eptaDCC by OWNER by a specified date prior to che Effective Dare of the Agreement, and if CONTRACTOR has submitted a list Chereof in ac:cordaDce with the Supplementary Coaditioas, OWNER's acceptanCC (either in writiag or by failing fa make written objection thcr'eto by the dale indicated for acceptanee or objection in the Bidding Documents or the Contract Documents) of any such SubcoDtractor, Supplier, or other iDdividuaJ or CDtity so idCDlified may be revoked on the basis of reasouable objection after due investigation. CON- TRACTOR shall submit an acceptable replacement for the rejected Subcontractor. Supplier, or other individual or emity, and the Contract Price will be adjusted by the differ- CDCC in the cost occasioaed by such replacement. and an appropriate Change Order wnI be issued or Written AlJ)l"IVfment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, wbctbcr iDitiaIly or as a replacement, shall constitute a waiver of lIlY right of OWNER or ENGINEER to rejCCl . defective Wort. LJ n LJ " LJ n LJ (I u (I LJ n C. CONTRACTOR shalJ be fully responsible to OWNER aDd ENGINEER for aU acts and omissions of the Subcontractors, Suppliers, and other individuals or entities perfol'lDiDg or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for die benefit of any such Subcontractor, Supplier, or olber individual or entity any conttactua1 relationship between OWNER or ENGINEER and any such SubcontraCtor. Supplier or. other individual or entity, nor sball it create any oblipdoD 011 die part of OWNER or ENGINEER to pay.or to.see to die paymcat of lIlY IIlODe)'S due any such Subcon- ncrar, Supplier. or odu:r iDdividua1 or entity cxcept as may ocberwisc be required by Laws aD4 Regulatioas. LJ [l LJ n LJ n l---..J n L.) n L--' n LJ E. CONTRACTOR sball require all SubcontraCtors, Suppliers. and such other iDdividuals or entities pcrfol'lDiDg or furDishiDs lIlY of Chc Wort to communicate with ENGI- NEER duough CONTRAcroR. n LJ n F. The divisions aDd sedioas of the Specificatiom ad the i6-tJt1fUo..f1oas of lIlY DrawiDgs sbaIl not CODttOl CON'mACI'OR in diYidiDg die Wodc amoD& SubcoDtt'actor' or SuppIien or ~~ die Wort to be performed by any specific trade. u n LJ G. All Work performed for CONTRACJ'OR by a SubcoaU'acf<< or Supplier wiU be punuaDl to an appropriate agreemem bc:twec:o CONTRAcroR and Ihe Subcoatractor n LJ 00700 - 21 " LJ or Supplier which specifically biDds che Subcontractor or Supplier to the applicable terms and conditions of the Contract OocumcDts for the beacfit of OWNER and ENGINEER. WheDever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the propeny insurance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR. ENGINEER, ENGINEER's Coasultants, and all other individuals or entities identified'in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees. agents, and other comultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance .'2pplicable to the Wort. If the iDsurers on any such policies require separate waiver forms to be sigoed by any SUbcoDtractor or Supplier, CONTRAC- TOR wUI obtain the WDC. 6.07 POlenJ Fees DNl Royalties 6.08 Permiu A." Ualess otherwise provided in cbe Supp~t..ry CoaditioDs. CONTRACJ'OR sball ~ aDd pay for all conscruc:tion permiu aDd lieeases. OWNER sbaJ1 assist CONTRACI'OR. wbcD necnsal)', ill obtainiDg such permits aDd licenses. CONTRACTOR shall pay a11 governmental charges aad iDspcction fees acc:essary for the prosecution of Ibe Wort whicb are applicable It the time of opeDiDg of Bids, or, if there are DO Bids, on the Effcctive Date of the Agrcemem. CONTRACTOR shall pay all charges of utility owners for CODDCCtioos to the Work, and OWNER shall pay all charges of such utUity owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shaJJ give aU notices and comply with all Laws and Regulations applicable to the performance of Ibc Work. Except where ochcrwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compliance with any Laws or Regulations. B. If CONTRACTOR performs any Wort knowing or having reason to blow that it is contrary to Laws or Reguladoas, CONTRACTOR sha1J bear all claims, costs, losses. IDd damages (mcluding but DOt limited to all fees and charges of engiDccrs, architects. attomeys, and other professionals and aU court or arbiuation or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opeaiDg of Bids (or, OIl the BffccUvc Date of the Apecmeat if Cb:re w=e DO Bids) having an effect OIl the cost or time of performance of Ibc Work may be die subject of an Id~ in Conttact Price or CoutnIct Tm:a. If OWNER aDd CONmACI'OR are 1IIIlIb1e 10 lIgRle OIl f'!nfitl~ 10 or OIl Ibc allllWJlll or c:=m. if lIlY, of lIlY such adjustmeat, .a 0Iim may be made 1berefor as provided in parappb 10.OS. 6.10 Taus A. CONTRACTOR sba1l pay aU sales, consumer, use, IDd other similar taxes required 10 be paid by CONTRAC- TOR in ICCOIdance with Cbe Laws and Regulatious of the place of die Project which are applicable during the pcrfOl'llllllCe of Cbe Wort. 6.11 Uu fI/ Site IJIIIl OiMr MetIS A. Umilation 011 Uu of Sitt DII4 D/MT NttU 1. coNTRAcroa sbaI1 confiDe construction equipmeat. Cbe storlie of mareriaJs and equipment, and die opcradOas of worms 10 Cbe Site and other areas pcrmltted by Laws and ResuWiODS, and sball DOt 00700 - 2.2 n unreasonably encumber the Site and other areas with U construction equipment or other materials or equipment. CONTRACTOR shall assume full respoasibUicy for any n damage to any such land or area. or to the owner or LJ occupant thereof, or of any adjacent land or area resulting from the performance of the Work. n 2. Should any claim be made by any such owner or LJ occupant because of the performance of the Worle, CONTRACTOR shall promptly settle with such other n pany by negotiation or otherwise resolve the claim by u arbitration or other dispute resolution proc:c:cding or at law. n 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultant, and the officers, directors, partners, employees, agents. aDd odIer coosuItants of each and any of them from and against all claims. costs, losses, and damages (iDcluding but DOt limited ao all fees and charges of cngioecrs, arcbitccts, aaorneys, and other professionals and all coun or arbitration or other dispute resolution costs) arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, ENGINEER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. LJ n LJ n LJ n LJ n LJ B. Removal of Debris During Performance of the Wolt: During the progress of the Wort CONTRACTOR shall keep the Site and other areas free from accumnlations of waste materials, rubbish, and other debris. Removal aad disposal of such waste materials, rubbish, aad otber debris shall con- form.1O applicable Laws and Regulations. n LJ n L' C. Oaning: Prior 10 SubstaDIial. Completion of die , WOlt:;CONTRACl'OR.sbaU.cIcan the Sire.. ~ it ready for Irrilm.f" by OWNER. At Ibe complcdon of die Wort CONTRACTOR shall .remove from die Site all toOls. appliaaces~ 'construction equipment and machinery, aDd surplus materials and shall reslOre ao original condition all property DOt designated for alteration by the Contract Documents. n LJ n LJ n LJ D. Loading Structures: CONTRACTOR sbaU not load nor permit any pan of any structure 10 be loaded ill any mtl"lV!I' dw will Ctlthl"BeI' the structure, nor shall CONTRACI'Oa subject lIlY pan of the Work or adjacent property 10 stresses or presswa that will CDdaagcr It. n L.J n 6.12 Record D<<:unrenu , A. CONTRACTOR shall ",.i"fSlll1 in a safe place at cbc Site one record copy of aU Drawings, SpecificaUOIlS, AddendJ.. WriUCn AlIV!ftdm~, Change Orden, Work L.J n LJ n u n w rl LJ n Cumge Directives, Field Orders, aDd written interpretations and clarifICations in good order aDd annotalcd to show c:bangcs made duriDg constrUCtion. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, aDd Shop DrawiDsS will be delivered 10 ENGINEER for OWNER. LJ n LJ rl LJ 6.13 Silfety tl1Id Protection n A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions aod programs in connection wilh the Work. CONTRACTOR shall lakc all necessary precautions for the safety of, and shall provide thc necessary protection to prcvcnt damage, injury or loss to: LJ n LJ rl LJ 1. all persons on the She or who may be affected . by the Work; rl 2. all the Work and materials and equipmcDlto be incorporated therein. whether in storage on or off the Site; and LJ 11 LJ 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, struCtUreS, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of constnJCtion. rl LJ rl 8. CONTRACTOR sball comply with all applicable Laws and ReguJations rc1atiDg to the safety of persons or propeny, or to Ibe protection of perIODS or propeny from .MftlRF. iqjury. or loss; and shall erect aDd m.int.llm all DeCelIIX)' ufepards for such safety aDd protection. CONmACTOR sbaIl DOdfy 0WDeR of Illjacra pmpeny and of Uaderp0uD4 PIICi1m-- aad ok utility 0WIaI wbeD. prosccutiaa of !be Work may affect chcm. ad IbaIl cooperate wid!. 1bcm in Ibe protcc:tion., removal, rc1ocaticm., and rep1acemeDt of rbcir propertY. All damage, iJUurY, or loss to anypropeny referred to inparagrapb 6. 13.A.2 or 6.13.A.3 ct"sed.... directly or indirectly, in whole or in part, by CON- TRACTOR, any Subc:oaU'actor, Supplier, or any other indMdua1 or entity dirccl1y or indirectly employed by any of cbem to perform any of the Wort, or anyoDe for whose acts any of them may .be liable, sbaIl be remedied by CONTRACTOR (except damage or loss aan"bulablc 10 the fault of Drawm,s or Spccificati.oas or 10 Ibe acts or omissioas of OWNER or ENGINEER or ENGINEER'I Con- sultaDt, or anyone employed by any of diem. or anyoDC for whole acts any of fbcm IDlY be liable, and DOt attributable, direc:dy or iDdiRc:dy, in whole or in part. 10 rbe fault or aeweuce of CONmACTOR or my Subc:oDInctor, Supplier', or OCher indMdua1 or ~ diRd1y or iDdirec:dy employed by any of them). CONTRACTOR's duties IDd LJ LJ n LJ 11 LJ 11 LJ n u n LJ n LJ n 00700 - 23 n LJ responsibilities for safety aDd for prorection of !be Work sba11 continue until such time as aU the Wort is completed and ENGINEER has issued a notice to OWNER' and CONTRACTOR in accordance with paragraph 14.07.8 Chat the Work is acceptable (except as otherwise expressly provided in coonection with Substantial Completion). 6.14 Saftty RepresenlariVt A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and 'supervising of safety precautions and programs. 6.15 HlJ1.ard Communication Programs A. CONTRACTOR sbaIl be responsiblc for coortfi"'''tlng any QI'!}I-"nse of material -safety.data sbceu or other hazard communication information required to be madc available to or exchanged between or amcmg employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protection of persons or the Work or property at the Sitc or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage. injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any signifJCa!1t changes in the Wort or variations from the CoDtt8Cl DocuDlCDlS bave..beeD caused thereby or arc required as a result thereof. If ENGINEER. determiDes that a clJ.ause in the CoDttlCt Documents is required because of die action taken by CONTRACI'OR in respcmse to suchan c:mcqeacy, a Work Cwlge Directive or n.."'V 0nIer will be issued. 6,;'17 . SMp DrIlWinIs tI1fd SDmpla A. 'CONTRACTOR sbaI1 submit Shop Drawings to ENGINEER. for review and appronl in accordance with the ac:ccptable schedule of Shop DrawiDp and Sample submiuaJs. AlllUbmittais will be ideadtied as ENGINEER may require IDd in the Dumber of copies lpcCifacd in the General RequiremeDlS. The data. shown on the Shop DrawiDBs will be complete with respect 10 quantities, dimen- lions, spccificcI performance and design criteria. masCriaIs, and IimiIar data to show BNGINEER.Ibe services, mat.crials, IDd equipmeDt CONl"RACTOR propoICS 10 provide aad 10 c:nable ENGINEER to review die iDformation for tbe Iimired parposes required by pafagrapb 6.17 .E. ,. B. CONTRACTOR shaI1 also submit Samples to ENGINEER for review and approvallD accordaDce wkh tbe acceptable sc:bedule of Shop Drawings and Sample aubmiuals. Each Sample wUI be identified clearly as to material, Supplier, pertinent data such as catalog numbers, ad the use for which intended and otherwise as ENGINEER may require to enable ENGINEER. to review the submittal for the limited purposes required by paragraph 6.17 .E. The numbers of each Sample to be submined will be as specified in the SpecifICations. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER as required by paragraph 2.07, any related Worle performed prior to ENGINEER's review and approval of the peninent submittal will be at the sole expeusc and responsibility of CONTRACTOR. D. SUbmittal Procedures 1. Before submitting each Sbop Drawiog or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimen- sions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the perfonnance of the Work; c. all information relative to means, methods, techDiques, sequcoces, aad procedures of consUUC- tion IUd safety precautions and programs iDcideut tbcn:Co; IUd cl. CONTRACTOR sbaIl also have reviewed IUd COORIiDatecl cIdl Sbop DIawiDs or Sample with other Shop Drawiap aDd Samples aDd with the requirements of the Work and the Contract Docu- ments. 2. Each submittal shaD bear a stamp or specific wriuen indi~(inn that CONTRACTOR bas satisfied CONTRACTOR's obligations under the Contract ~~ with respect to CONTRACTOR's review and approval of that submiual. 3. At the time of each submiual, CONTRAcroR sbal1 pw ENGINEER specific written DOCice of such YUiadaas, If lIlY, dial chc Sbop:Drawiaa or Sample submiJrecl may have from Ibe requiremeDts of Ibe Conttact ~" such notice to be In a wriucn com- IW"~ sepmre from the submittal; IUd, in .&fition, shaI1 cause a specifIC: DOtatiOD to be made on each Shop 00700 - 24 n LJ Drawing aad Sample submitted to ENGINEER for review and approval of eacb such variation. n E. ENGINEER's Review LJ 1. ENGINEER will timely review and approve Sbop Drawings and Samples in accordance with the schedule of Sbop Drawings and Sample submiaals acceptable to ENGINEER. ENGINEER's review and approval will be only to determine if lbe items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a fuoctioDiD& whole as indicated by the Contract Documents. n LJ n LJ n LJ n 2. ENGINEER's .review and approval will not extend to means, methods, techniques, sequences, or procedures 'or"construction (cm:pc where a particular means, method, tec1mique, sequeace, or procedure of c:onstruction is specifically and expressly called for by the Contract I>ocumeDlS) or to safety prccautioas or programs incident thereto. The review and approval of a separate item as such will DOt iadicate approval of the assembly in which the item functions. LJ n LJ n LJ n 3. ENGINEER's review and approval of Shop Drawings or Samples sball nOl relieve CONTRACTOR from responsibUity for any variation from the require- ments of the Contract Documems UDless CONTRACTOR bas in writing called ENGINEER's aaeotion to each such variation al the time 'of each submiua1 81 required by paragraph 6.17.D.3 IUd ENGINBBR bas Jiw:n wriaca approvll of each such variaIioD by specific wriUea notation Cbereof iDcoIporatecl ia. or accompaayiDg Ibe Shop DrawiDg or Sample appruYIl; DOl' wiIllq' approval by BNGINBBR. relieve CONTRACTOR .from 'responsibility. for:.c:omplyjug.:w.Id11he rcquiremI:DU of paragraph 6.17.D.l. LJ n LJ n LJ n LJ n u F. ResubmittaI Procedllres 1. CONlRACTOR sba11 make corrections ~ by ENGINEER and shall rcturD Cbc required IlUIDber of corrected copies of Shop Drawings aDd submit as required aew Samples for ",view and approval. CON- TRAcroR Ihall direct specifIC aacmioa ill writiDg to revisioas ocher than die corrections called for by ENGI- NEER OIl previous submittals. 6.18 Omtinulng 1M Wolt A." CONTRACTOR shall em)' on die Work aod adhere to cbc progress scbe&. duriD& all disputes or disqIeemeats with OWNER. No Work shall be delayed or pos1pODe4 ~i"l resolution of lIlY disputes or disap'ecmeutl, except n LJ n u n LJ n LJ n LJ n LJ II LJ n as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may od1crwise agree in writing. LJ n 6.19 CONTlUcrOR's General Wamurly and Guaranlee LJ A. CONTRACTOR warrants and guaranlCeS to OWNER. ENGINEER, and ENGINEER's ConsulWlts that all Work will be in accordance wilh rhe Contract D~ents and wiJIllOt be dcfective. CONTRACTOR's warranty and guarantee hereunder cxcludes defects or damage caused by: !I LJ n LJ 1. abuse, modifacatioll, or improper maintenance or operation by persons olher dw1 CONTRACTOR, Sub. coDtractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or . n LJ n 2. normal wear and tear undcr normal usage. LJ B. CONTRACTOR's obligation to perform and complete rhe Work in accordance with rhe Conuact Documcnu sball be absolute. None of thc foUowing will constitute an accepwu:c of Work that is DOt in accordance with thc Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with che Contract Docwucots: n LJ 11 LJ 1. observations by ENGINEER; II LJ 2. recommendation by ENGINEER or payment by OWNER of any progress or fmal paymcDt; n LJ 3. rhe issuaDce of a cenificate of Substantial Completion by ENGINEER or any paymcDl related therero by OWNER; 4. use or ~ of the Wmk or any pan IbeRlof byOWNER; .. 11 LJ 11 LJ s. any acccptaDCC by OWNER or any failure to do'. so; 11 LJ 6. any review and approval ofa Shop Drawing or Sample submittal or Ibe issuance of a notice of acceptabil- ity by ENGINEER: II LJ 7. any inspcc:tion, test, or 'approval by others; or n 8. any correction of defective Work by OWNER.. LJ 6.20 Jlllkmnifictllion A. To Ibe fullest exIaIt permitted by Laws aad Regula- DOos. CONTRACTOR IbaIl iDdemn1fy aDd hold barmlcss OWNER. ENGINEER. BNGlNEBR.'s CoasultaDlS, IDd die officeR, direccora, panuers, employccs. IBCDlS, aad other coasulfallls IDd subooattIcton of each ad III.)' of them from 00700 - 2S n LJ n LJ n LJ and against all claims, costs. losses, and damages (including but not limited to all fees aDd charges of engiacen, architects, attorneys, and other professioo.als and all coun or arbitration or other dispute resolution costs) arising out of or relating to the performance of rhe Work, provided that any such claim, cost. loss, or damagc: 1. is anributable to bodily injwy, sickness, .disease, or dealh, or to injury to or destruction. of, tangible property (other than the Work itself), including the loss of use resulting therefrom; and 2. is caused in whole or in pan by any acgligCDt act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of-them to perform any of the Work or anyone for whose. acts .any. of lhem may be liable, .regardless of _whether or. .DOt caused in part by any negligcnce or omission of an individual or entity indem- nifacd hereunder or wbcCher liability is i~ upon such indcmn.ificd party by Laws a.ad Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNERor ENGINEER or any of their respective consultants, agents, officers, directors, panners, or employees by any employee (or che survivor or personal representative of such cmployee) of CONTRACTOR, any Subcoottactor, any Supplier. or any individual or entity dircctly or iDdirect1y employed by any of them ro perform any of thc Work. or anyoDC for whose acts any of them may be liablc. the indemnification oblijation UDder paragraph 6.20.A sbaIl DOt be limited in any way by any limitation 011 the alDOUlll or type of ctam.scs, c:ompeIJ$IU;on. or beaefils payable by or for CONTRACTOR or any such s~, Supplier, or otber iDdividuaI or emi1y UDder worbrJ' compc:usatioa aces, disability bcD=fit . actsi'OC 0Cbt:r cmployec.beacfit:lCU. . :'. .C. 1be iDdemnification;obligatioos of CONTRACTOR under'paragrapb.6.20.A'SbaU'.DOt eXleDd to the liability of ENGINEER and ENGINEBR'. CoosHltants or to the officeR,. c:lirccton, partDCrI, employccs. agents, a.ad other consultants and SUbcontractoR of each aad any of them arising out of: 1. the preparation or approval of, or the fallure to PrqNII'C or approve. maps. Draw.. opiDioDl. repol1S. surveys, Change Orders, desips. or SpecificatiODS; or 2. giviD& direc:tioos or insttuctions. or failiDg to - give diem, if Ibat U die primary cause of cbc bUUl)' or cU&age. 8.OS Lands ilII4 Etuemenu.. Reports ilII4 Tests J{ OWNER'. duties in respect of provi4iDg lands mS cascmems ad pnwidiDg ~ surveys to estabIisb refcreace poiDts are set forth III pancrapba '.01 ad '.05. Parasnph '.02 refers to OWNER', icIcDtlfyiD& aad makiDg available to CONTRACI'OR copies of IqJOI1S of cxploradoas 00700 - 26 ARTICLE 7 - OrnER WORK 7.0 I RelaJed Work Q/ S;t~ A. OWNER may perfonn other work related to the Project at the Site by OWNER's employees, or let other direct contraCts therefor, or have other worle performed by utility owners. If such other worle is not noted in the Con- tract Documents, then: I. written notice thereof will be given to CON- TRACTOR prior to starting any such other wort; and 2. if OWNER and CONTRACTOR are unable to agn:e on entitlement to or on !he amount or extent, if any. of any adjustment in the ContraCt Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.0S. B. CONTRACTOR sbalJ afford each other contractor who is a party to such a direct CODttact aDd each utility owner (aDd OWNER. if OWNER is performing the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the intteduction and storage of materials and equipment and the execution of such other work aDd shall properly coordinate the Work with theirs. UDlcss otherwise provided in the Comract I)nt!rlqJents, CON- TRACTOR ahall do all cutting, fitting, and patching of the Work dII1 may be required to properly CODDeCt or otherwise make iu several pans come tosetbu ad properly imegrate with such odler wort. CONTRACTOR sbaIlllOt cndaJJger aD)' work of 0Cben by cuttiD&, excavatiDg, or otherwise alteriag Cbeir work ad will ~ cw or lifer dIeir wort with die wriaml c:oosem of ENGINEER ad the others wbose work will be affcc:tccI. Tbe duaieI ad reIpOIIIibiIiti.es of romu~R~~~~g~~&of such udUty CJMII::n ad otber CODb'ICtOrI to die cxtcal that d1cre ~ comparable provisioDS for the beucfit of CONTRACTOR in said direct conttacts between OWNER aDd sucl1 utility owucrs and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Wort depeods upon went performed by others UDder Ibis Artide 7, CONTRACTOR shall iDspect IUdl oCbl:r wort aad prompcly report to ENGINEBR in writiag aD)' ddaya, defccu, or deficleDeier in such other . wort Ibat reader' it uaavailable or UDSUicabIc for tIie proper ex.ecudoa IIId JaUIu of roNTRACTOR', Work. CONTRACTOR', faBln 10 10 report d coDsdtute an acceptaace of Iucl1 otbcr work IS fit IDd proper for imegradoa wid! CONTRACTOR', Wort except for latent defects ad dcflCieocies in such other wort. n LJ 7.02 Coordination n LJ A. If OWNER intends to contract with others for t.. performance of other work on the Project at the Site, the 11 following wlll be set forth in Supplementary Conditions: LJ 1. the individual or entity who will have authority 11 aad respoDSibiJity for coordination of the activities among the various CODUactors wlll be identified; LJ 2. the specific matters to be covered by such 11 authority and responsibility will be itemized; and LJ 3. the extent of such authority and responsibilities 11 wiU be provided. LJ .B. Unless otherwise 'provided in the Supplementary 11 ConditioDS, OWNER sball have sole authority.and respon- sibility for such coordination. LJ n ARTICLE 8 - OWNER'S RESPONSmIIn1ES LJ 8.01 Communlctztions to Coruraaor n u A. Except as otherwise provided in these General COD,ii- lions, OWNER shall issue all communications t CONTRACTOR through ENGINEER. 8.02 RepUzcement of ENGINEER n LJ n u A. In case of lcJ'minlltion of the employmem of ENGI- NEER, OWNER. shall appoiat an ~~ to whom CON'mACTOR makes 110 mI~ objeccioD, whose status UDder the ComrIct ~lnvoats IhaU be chat of die former ENGINEER.. n LJ n 8.03 Furnish DaJa u A. OWNER. sbaU promptly furnish the data required of OWNER UI1dcr the Contract Documents. n LJ 8.04 Pay Promptly Men Due n A. OWNER ahall'make paymentS to CONTRACTOR promptly wbeD they are due IS provided in paragraphs 14.02.C aad 14.07 .C. LJ n LJ n LJ n LJ n LJ " LJ n aDd ICSts of subsurface cooditions and drawings of pbysical cooditioas in or relating 10 existing surface or subsurface stnJCtUr'CS at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. LJ 11 LJ 8.06 insurance n A. OWNER's responsibilities, if any, in respect to pur- chasing and maintaining liability and property insurance are set forth in Article S. LJ n 8.07 OIonge Orders LJ ARTICLE 9 - ENGlNEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S RepresetUalive A. ENGINEER will be OWNER's representative during the construction period. 1be duties and respoasibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set fonh in the Contract Documents and will DOt be changed without written consent of OWNER and ENGINEER. n A. OWNER is obligated to execute Change Orders as 9.02 Visits to Site indicated in paragraph 10.03. 9.03 ProJea Rep~ A. If OWNER and BNGINEBR agree, ENGINEER will furnish . Resldeat Project Repft'lePhltiw: to ~ist ENqINEER in providiDg IDO~ exIeasiYe observatioD 0( Ibe Work.. The rapoasibUidcs ad authority and limit.tions thereon of III)' such Resideat Pro~ Represeatadw: aDd assistaDlS will be as provided ill paragraph 9.10 aDd ill the . Supplememary~. If OWNER designates another 00700 - 27 LJ 8.08 Inspections, Tuts, and Approvals n LJ A. OWNER's responsibility in respect to certain inspcc-' Uons, tcsIS, and approvals is set forth in paragraph 13.03.B. 11 8.09 LimitJllions on OWNER's RuponsibiUties LJ 11 A. The OWNER sball not supervise, direct, or have contrOl or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any fallure of CON- TRAcroR to comply with Laws and Regulations applicable to the performaDCC of the Work. OWNER will DOt be responsible for CONTRACTOR's fallure 10 perform the Wort in accordaDce with the Contract Documents. L-J n LJ n L-J 8.10 Undisclosa 1lt1zar4ous EnvirolllMnJal Condition " u A. OWNER's ~ in respect to an uadisc:losecl Hazardous.~.1 CnMiMn is act fordl in paragraph 4.06. .... n LJ 8.11 ~ of PiNmciDl AmzngemenlS A. If and to the eXlCllt OWNER has agreed 10 furnish CONmACTOR rcasoaable evidence that finSlnciN arraagemeall haw: been made to satisfy OWNER'. oblig.dOM UDder the CoaIract Documents, OWNER', respoaslbUity in rcspccI thereof will be as set fonh in the Supplepll".llwy Coaditions. n LJ n LJ n LJ n u n LJ 11 LJ A. ENGINEER will make visits to the Site at intervals appropriate to the various 'stages of construction as ENGINEER deems .necessary. in order to observe as an experienced. and qualifiecl-clesign professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based OD information obtained during such visits and obscrvatioos, ENGINEBR, for the benefit of OWNER. will determine, in general, if the Work: is proceeding in accordance with the Contract Documents. ENGINEER will DOt be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits aDd observations, ENGINEER will 1cecp OWNER informed of the progras of the Wort aDd wID eudeavor 10 guard OWNER. against defective Work. B. ENGINEER'. visits and ObservatioDS arc subject to aU the limit.tiOJlll: on ENGINEER'. aud10rity aDd respousibllily set forCh in parasraph 9.10, -aad parUcu1ady, but widIaut'lim~~_duriD& CJC1II a Jt:SUk of ENGINBBR's visits or observatioas. of . CONTRACTOR's W~ ENGINEER.will aot-npervise, direct. comrol. or have authority over or 'be rcspcmsible for CONTRACTOR's mcaas, methods, tcclmiques, sequeoces";' or. procedures of construCtion, or lbc safety. precautioDs aDd programs iDcident tbcreto, or for lIlY faDure of CONTRACTOR to comply with Laws and Rcgulatioas applicable 10 the performance of the Wort. B. Wbca fi~B as iDr.ezpracr UId judae UDder d1is parasraph 9.09, ENGINEER. wiD DOt Ibow ~ 10 OWNER .Gr".'CONTRACTOR::Ud wDl DOt be liable in . c:ooaocticJIl with any interpretation or decision reodercd in A. ENGINEEll will have authority to disapprove or.. . good faith in such capacity. The TCDderiDg of a decision by reject Wort which ENGINEER believes to be defective, or ENGINEER pursuaat to this paragraph 9.09 with respect to chat ENGINBER believes will not produce a completed any such Claim. dispute, or other matter (except any which . Project Ibat CODforms to the Contract DocumeDlS or that will have been waived by the makiDg or acceptaDCe of fmal prejudice die iaregrily oflbe design cooccpt ofebe completed paymem as provided in paragraph 14.07) will be a condition Project as a fuactioDiDc whole as indicated by the Coattact prcccdCDt 10 any exercise by OWNER. or CONTRACJ'OR of Documeats. ENGINBBR.will also have authority to require such rights or remedies as either may otherwise haw:. UDder . special iDspection or lCStiDg of the Work as provided in. lbe CoottIct OOCIlmI!Qts or by Laws or Regu1adoas in respect paragraph 13.04. wbether or DOt the Work is fabricated. of any sudl Claim. dispute. or other matter. iDsta11ed. or c:ompleced. rcpresc:Dtative or agent to represent OWNER at the Site who is not ENGlNEER's Consultant, agent or employee, the responsibilitics and authority and limitations thereon of such other individual or entity will be as provided in the Supple- mentary Conditions. 9.04 Clarifications and inJeTprerQr;ons A. ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the require- ments of the Contract Documents 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 binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR arc unable to agree on entitlement to or on the amoUDl or extent, if any, of any adjustmcot in the Contract Price or Conttact Times. or bach. that should be allowed as a result of a written clarification or interpretation, a Oaim may be made therefor as provided in paragraph 10.OS. 9.0S Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do DOt involve' an adjustment in the Contract Price or the Contract Times and arc compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be biDding on OWNER aad also on CONTRACI'OR, who shall perform Ibe Work involved promptly. If OWNER and CONTRAC- TOR are unable to agree on entitlement to or on the amount or eDcat, If any. of any adjustment in the Contract Price or CoDtrICl Tunes, or both, as a result of a Field Order, a Claim may be made 1b=for IS provided in parasrapb 10.05. 9.06 ReJeC/ing DtfeCliw. Wort 9.en ShDp Drawings, OiJznge Orden and Payments ~ In CODDCCCioIl with ENGINEER's authority as to Shop Drawiql and Samples, see paragraph 6.17. 00700 - 28 n LJ B. In connection with ENG[NEER's authority as to Change Orders, see Articles 10, 11, and 12. n LJ C. In connection with ENGINEER's authority as tl Applications for Payment, see Article 14. n 9.08 Determinar;onsfor Unit Price Work LJ 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 determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be fmal and binding .(except . as. modified by ENGINEER to reflect changed. factual 'conditions or more accurate data) upon OWNER. and CONTRACTOR, subject to the provisioas of paragraph 10.05. . n LJ n LJ n LJ n u 9.09 Decisions on Requirements of Co1J/ract Documents and AcceptobiUty of Work n A. ENGINEER will be the initial interpreter of the requirements of the Contract DocumenCl and judge of the acceptability of the Work thereunder. Claims. disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the ContraCt Documents pertaiDiDg to the performance of the Work, and Claims scekiDg c:baDgcs in the Contract Price or. Conttact Times. will be referred initially to ENGINBBR. in writing, in accordance with the provisions of paragraph 10.0S. wieb a request for a formal decision. LJ n LJ n LJ n LJ n u n LJ n LJ n LJ n 9.10 Limitations on ENGINf;ER's A.utlwrity tmd Respon- sibilities . . , A. Neither ENGINEER's authority or responsibility UDder this Aniclc 9 or UDder any other provision of am Coatract Documeats nor any decision made by ENGINEER . in good faith eitber to exercise or DOt exercise such authority LJ n LJ n LJ n LJ " LJ n or responsibility or cbc UDdenaking, exercise, or pcrfonrwx:e of any authority or n:spousibility by ENGINEER sba1l crca1C, impose, or give rise to any duty in contract, IOrt, or otherwise owed by ENGINEER to CONTRACTOR, any SubcontraCtor, any Supplier, any other individual or entity . or to any surety for or employee or agent of any of them. LJ 11 L-J n B. ENGINEER will not supervise, direct, control, or hAve authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, orthc safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure 10 perform the Work in accordance with the Contract Documents. LJ 11 LJ n LJ ,11 C. ENGINEER will not be rcsponsible for the acts or omissious of CONTRACTOR or of any SubcoDtraclOr, any Supplier, or of any other individual or entity performing any oftbe Work. L-J n u n D. ENGINEER's review of the fmal Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedulcs, guarantees, Bonds, ceniflC8tCS of inspection, tcsts and approvals, and other documcotation required to be delivered by paragrapb 14.07.A will only be to detctmine generally that their content complies with the rcquirclDCDts of, and in the case of certificateS of inspcctiODS, tests, and approvals that the results certified iDdicate compliaDce with, the CoDlract Documents. LJ n LJ n LJ E. 'Ibe IimltatioDS upon authority and responsibility set fonh in Ibis parasraph 9.10 Ibal1 also apply 10 ENGINEER's Ccmsultaldl, Rcsidl:ut PJOject Representative, and assistants. n LJ ARTICLE 10 - CHANGES IN 1HE WORK; CLAIMS 11 L-J 10.01 bdu1riu4 OIDngu in 1M Wort n LJ A. Without invalidating the AgrecmeDl and without DOtic:e to any surety, OWNER may, at auy lime or from time 10 time, order additiODS, deletions, or rcvisioDS in the Work by . WriaeD AmeadmeDl, a Olange Order, or a Work Chanse Directive. Upon receipt of auy such document, CONTRACTOR shall promptly proceed with the Work iowlved which will be performed UDder the applicable coaditioas of the CoaIrIct Documea" (except as 0Cberwise specifJCl11y provided). B. 1f0WNBR and CONTRACTOR arc unable 10 ape on eDtidelllCllllO, or OD Ibc amoual or exteDt, if any, of an adjustlDl"# in the CoaIract Price or CoattId TUDeS, or both, that should be allowed as a result of a Wort Change n LJ n LJ n u n LJ n 00700 - 29 L-J Directive, a Claim may be made therefor as provided in paragraph 10.OS. 10.02 Unauthorized CJu:urgu in the Work A. CONTRACTOR shall DOt be entitled to aD increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not rcquir~ by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emcrgCDCY IS provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute . appropriate Change Orden t'f'1Y'rnmelJdro.d by ENGINEER (or Wriucn Amendments) covering:' 1. changes in the Work which arc: (i) ordered by OWNER pursuaDI to paragraph 10.01.A, (ii) required bccawe of ac:ccptaDCe of defective Work UDder para- graph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iU) agreed to by the panies; 2. changes in the Contract Price or ContraCt TimeS which are agreed to by the parties, iDcluding any undisputed sum or amoUDt of time for Work actually performed in ~rdancc with a Work Change Directive; and 3. c:banscs in the Conttact Price or Conttact Times which embody the substIDCC of auy' written decision rendered by ENGINEER. punuaat.1O paragraph 10.OS; plOYidod Ibat, in lieu of ~..~ lIlY such CIqc Order, an appeI1 may be 1Ikm from lIlY such decision in acc:oniaDce wldl Ibe'.povisioas of' Cbe CoDlract .. .Dt-lftIIO!IItc.and app1iclbJc. Law ad RcpJatioDs, bQt . .during.my.such 'IppCAl,:CONTRACTOR IbaIl carry on the Wort and adhere' to the progress sc:hcdulc as provided in paragraph 6.18.A:. 10.04 NotlfiCDJion to Surety . A. If .notice of any cbaosc .affcCtiDB the geaeral scope of Cbe Work or the provWoas of tbe Ccmtnct Docum~ (including, but DOt limited to, Comract Price or CoDttact lUDeS) is ~ by Ibe pnwisloas of Ill)' Boad to be given to a surety. die giYiq of lIlY sudl JJOdcc will be CONTRACfOR'. rcspoasibllky. Tbe amoont of each lpp1ictble DoDd will be adjusrcd to rcflcct die effect of mY such change. 10.05 Claims and Disputes A, Notic~: Written notice stating the general nature of each Claim, dispute, or ocher maaer shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in PO event later lhan 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim. dispute, or other matter). A Claim for an adjustment in Contract Price shall .be prepared in accordance with the provisions of paragraph 12.01.B. A Claim for an adjustment in ConQ'act Time shall be prepared. in accordance with the provisions of paragraph 12.02.B. Each Claim shall be aa:ompanied by ('!Slim.llnt's writtco statement that the.adjust- meat claimed is the entire adjustmCDl to which the claimant bcliew:s it is cotided as a result of said evCDl. The opposing pari)' sba11 submit any response to ENGINEER and the ('!ll1im.llnt within 30 days after receipt of the claimant's last subminal (unless ENGINEER. allows additional time). B. ENGINEER's Decision: ENGINEER will reDder a formal decision in writing within 30 days after receipt of the last submittal of the cli.imant or the last submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and bindi.ag upon OWNER and CONTRACfOR unless: 1. an appeal from ENGINEER's decision is taken within tbc time Iimks aod in ICCOrdaDce with the dispute resolution procedures set forch in Article 16; or 2. if DO such' disput.e resolution procedures bave bccD let fordl ill ArIick 16, . wriIrcD DOticc of iDtcotion to appeal from ENGINBER's writt.eD decision is. dc1iva'ed by O~ or CONTRACTOR 10 the other. . and to BNGINEBR widIin 30 days after die dale of.such decision, and a formal pft)CCt8di~ is iDstituted by the appca1iDg party in a.forum of compctcDl jurisdiction withia 60 days after Ibe dale of IIICh decision or withia 60 days after SubstaDdal Complecion. whichever is later (unless od=wlsc agreed in writiDg by OWNER and CONTRACI'OR), to ~ise such rights oucmedies as chc appealiag party may IuM with .respect to such Oaim. dispute, or other matter in ICCOIdaDce with applicable LawslDll ftc&uIadoas. C. If ENGINEER daeI _laid<< a formal decision in wridDg wIdIiD cbe time -1CIIed In pmgnph iO.OS.B, a decision dc:IlyiDg cbe Claim In Its eodrety sba11 be deemed to have beeD issued 31 days after receipt of die last submiual of che daimaDt or the last submittal of d1c opposiag party, if auy. 00700 - 30 n LJ D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid If not submitted n in accordance with this paragraph 10.OS. u n ARTICLE 1 I - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK LJ n 11.01 Cost of/he Wo,* u A. Costs Included: The term Cost of the Work: means n the sum of all costs necessarily incurred and paid by CON- u TRACfOR in the proper performance of the Work. When lhe value of any Work covered by a Change Order or when n a Claim for an.adjustment in Contract Price is determined on u the 'basis of Cost of the Work. ..the costs to be reimbursed to CONTRACI'OR will be only.tbosc additional or incremental n costs JeqUinld because of the clumge in the Work or because of the evCDl giving rise to the Claim. E.xcept as otherwise U may be agreed 10 in writing by OWNER. such costs ah811 be in amounts no higher than those prevailing in the locality of n the Project, sbal1 include only the following items, and shall u not include any of the costs itemized in paragraph 11.01.B. n 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classiflCltions agreed upon by OWNER and CONTRACTOR. Such employees sha!' include without limitation mperinteDdeDts, foremen, anCl other penonncl employed full time at the Site. Payroll costs for .employees DOt employed full time on the Work shall be apponioncd on the basis of their time speDt on Ibe Work. Payroll costs sba1l iDcludc, but DOt be limited to, salaries and wages plus the cost of friD&e beaefits, wbidllba1l iDcludc social scc:urity comributicms, mem- ployDlCUl, ~, aDd payroU ru:ca, \Wtkcn' . c:ompeDSItion, health aad.ft:IiIement bCDcfits, boDuses, . .sick.leave, vacation aDdholiday pay applicable Ihereto. . " .The .expenses..of~perfomliDg Worlc outside of regular workiug hours, on"Saturday, Sunday, or legal holidays, shall be included in the above 10 the extent authorized by OWNER. u n u n LJ n u n LJ n LJ 2. Cost of all materials and equipment fumished UJd incorporated in the Work. includiag costs of uaasporwion. and storage thereof, and Suppliers' field services required in CODDCction Cherewith. All cash diIcouDU sbaIl accrue. to CONTRACTOR UDless OWNER deposits fuDds with CONTRACTOR with wbic:h to maIz paymeafs, in whid1 cue chc cash ,risc:oaDls sbaIllCCnIC to OWNER. AU trade discouD!s, ~bates and ~fUDdS aDd retunlS from sale of aurplus materials and equipmeD11baJ11CCl'UC CO OWNER. aOO CONTRACI'OR IbaIl make provisioas so Ibat they maj be obcairA 1 n u n u n LJ n u n u " LJ II LJ n LJ n LJ n u II LJ n LJ II u II LJ n LJ 11 LJ 11 LJ n L-J " LJ n LJ 11 LJ 11 LJ n LJ n LJ 3. PaymeDtS made by CONTRACTOR to SubcoDI:racCors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shaD obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will thco determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (including but nol limited to engineers, architects, testing laboratories, surveyors, aaorneys, aDd accountants) employed for services specifacally related to the Work. S. Supplemental costs including the following: a. The proponion of Dea"1SU)' transportation, . travel, and subsistence expenscs of CONTRACTOR's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- DIDCC, of aU materials, supplies, equipment, mSl,.hi~-I}', applianccs, offICe, and temporal)' facili- ties at the Site, and hand tools not owned by the workers, which arc c:ansumcd in the performance of the Wort, aDd cost, less market value, of IUCh items used but DOt CODSUIlIeCl which remain the property of CONTRACTOR. c. RemaIs of all CCIIStt'UCtioD cquipmeat aDd mllt"J.'-ry, &ad die parIS rbereof wbeIbcr rented !10m CONmAcroR ar 0Ibcn ill ICCOI'd.mce with rema1 ~ approved by OWNER with Ibe advice of ENGINEER., aad Ibe COIlS 'of traDSpOnation. loading, unloading, assembly, dismsantTi"" aDd removal thereof. All such costs shall be in acc:ordance with the terms of said reDIal agreemmts. The remal of any such equipmeat. ma- dIiDery, or parts sbaU ccue wbeD thc use thereof is 110 IODJer aec-essary for the Work. d. Sales, c:oasumer, use, and other similar taxes rclatccI to dae Wort, ad for wbicb CON- TRACTOR is liable, imposed by Laws aDd Rep- 1atioDs. : e. Deposits lo~ for causes other than negli- gCDCC of CONTRACTOR. any Subcontractor, or anyone cfirccd.y or iDdirecdy employed by any of them or for whose ICU my of them may be liable. 00700 - 31 and royalty payments and fees for permits and licenses . f. Losses aad damages (and related expenses) , caused by damage to thc Work, DOt compensated by insW'8Dce or otherwise, sustained by CONTRACTOR in connection with the perfor- mance of the Work (except losses and damages within the dcducdble amounts. of property insurance established in accordance with paragraph S.06.D), provided such losses and damages have rcsulted from causes other than the 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. Such losses shall. include ,settlements made with the wriuen CODSCDl aDd approval of OWNER. No such losses, damages, aDd 'expeDSCS sball be.iDc1udcd in the Cost of Ibc'W~ for tbe purpose of deIcrmiD.ing CONTRACTOR's fee. g. The cost of utilities. fuel, and sanitary facilities at the Sileo h. Minor expenses such as telegrams. long distance telephoDe calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used 10 determine the value. of a Chanse Order or of a Claim. the cost of premiums for additional Bouds aad iDsuraDce JeqUired because of the da~ in the Work: or caused by the event giviDg rise to the Claim. j. , WhcIl all die Work is perfOlJlltld em 1be basis .of "COIl-plus,Ibc, COllI of prelDnllllll for an . Boods aDd iDsutaDcc CONTRACI'OR Is reqaiM by . Ihe.Coatract..f)tvoo..n"lllt. to purc:basc and _Aint.in. B. Costs Excluded: Tbe term Cost or the Work: shall DOt include any 0( the foUowiD& kcms: I. Payroll costs IDd ocher compensadoa. of CONTRACTOR', offlCen, executives, priDcipals (of patlDcrlhips &ad .sole proprictonbips). geuerallD8D8&- ers, eng;n-rs. architecU, estiDwon. aaomeya, audi- tors. _Iftht..... purc:huiaa and COIIU1ICtiDa qeall, expediters, fim".bepen, clerb, and other persoDDd emplo)'ed by OONTRACTOR" wbedIar It die Site or ill CQN1RACfOR'. priacipaI or bnach ofticc for aeucna adm.iDis1ratioI of the Wort and DOt apcci5~Jy iDc1udcd in die agreed upon ldIedule o( job cIassificadODS refcrrccf to In paragraph 11.01.A.I or spcclficaIly COYercd by parasraph 11.01. ~..., aU of which ~ to be 4; Costs due to the negligence of CONTRACTOR, A. Where the Contract Documents provide that all or u any Subcontractor, or anyone directly or indirectly part of the .Work is to be Unit Price Work, initially the employed by any of them or for whose acts any of them Contract Price will be deemed to include for aU Unit Price n may be liable, including but not limited to,.. the . . Worbm amount .equalto the .sum of the unit price for each correction of defective Work, disposal of materials or . separately"identified . item :of .Unit Price Work times the LJ equipment wrongly supplied, and making good any . estimated quantity. of cach.item as indicated in the Agree- damage to property, 1DCIlI.' :rbe.estimated quantities of items of Unit Price Work: n are not guaranteed aDd are solely for the purpose of u comparison of Bids and dctcrmiDiDg an initial Cootract Price. Determinations of die actual quantities and classificati<?DS of n Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph LJ 9.08. considered .tlminh:trative costs covered by the CONTRACTOR', fee. 2. Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONlRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work: aad charges against CONTRACTOR for delinquent payments. S. Other overhead or general expense costs of any kind and the costs of any item DOt specifically and expressly included in paragraphs 11.01.A and 11.0 I.B. C. CONTRAC1'OR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee sba1l be der.erm.ined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is detennined on the basis of Cost of the Work, CONTRACTOR '5 fee shall be dctcrmiDod as set forth in paragraph 12.01.C. D. DocwnenIizlitm.. WhcDever the Cost of the Work: for any purpose is to be decermiDed pursuant to paragraphs 1l.01.A aDd 11.01.B, CONnACTOR will establish IIId m_u.in records dJereof in accordaucc with gca,erally acccpecl ICCOUIdiD& prIdice5 IUd submit in a form acceptable to BNOINBEll an ~i7ed cost breablown.; together with supporting data. 11.02 Ouk Allowances A. It is understood Ibat CONTRACTOR has included in the Contrac:t Price all allowances so named in the Contract DonUDeDts IIId shall cause the Wort so covered to be " . performed for such sums IS may be acceptable to OWNER IDd ENGINEER. CONTRAcroR agrees that: 1. the allowaaces iaclude Ihe cost to CONTRAC- TOR (1css my applicable trade cfiscoums) of materials ad cquipmeat n=quimf by Ihe aII~ to be delivered at die Site, IIId all applicable tucI; and 2. CONTRACI'OR's costs for unloadiDg IIId hllfttt1i"l on the Site, labor, iastal1ation costs, overhead, profit, ar:! odaet expemcs coatemp1alcd for Ibc aIIow- 00700 - 32 n LJ ances have been included in the Contract Price and not in the allowances, and 110 demand for additional payment n on account of any of the foregoing will be valid. u B. Prior to fmal payment, an appropriate Change Order n will be issued as recommended by ENGINEER to reflect. actual amounts due CONTRACTOR on account of Work: U covered by allowances, and the Contract Price shall be correspondingly adjusted. n LJ 11.03 Unit Price Worl: n n B. Each unit price will be deemed to include an amount u considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separate' identified item. n LJ C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Conttacl Price in accordance with paragraph 10.05 if: 1. the quandty of lIlY item of UDit Price Work performed by CONTRACTOR differs .materiaIly and :..... .Iirifit-..ntty :from: die 'PIIfIrnsatecf qOIIIdty of such item iDdicatcd in Cbe Agreement; and n u !l u n 2. there is no corresponding adjustment with respect any other item of Wort: and LJ n 3. if CONTRACTOR believes that CONTRACTOR is eutit1ed to an increase in Contract Price as a rcsultofhaviDg.iDcurred additional expense.or OWNER beUc\'es Ibat OWNER is ealitled to . decrease in Contract Price and die parties are uaable to agree as to the amouat of 811)' such iDcrcase or decrease. LJ n LJ n LJ ,. n LJ n LJ n LJ 11 LJ 11 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES LJ n u 12.01 aumgt of Cofl/rDct PriCt n A. The Contract Price may oo1y be changed by a Change Order or by a Written Amendment. Any Claim for an adjustmCDt in the ContraCt Price shall be based on written notice submitted by Ihe party m.alciDg Ihe Claim to the ENGINEER and the other party to the Contract in accor- dance with the provisions of paragraph 10.05. LJ n u il B. The value oC'any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: LJ n I. where the Work involved is covered by unit prices c:ontaiDed in rhe CoDttact DocumentS, by applica- tion of such unit prices 10 the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or u n u n 2. where the Wort involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or u II LJ 11 3. where the WOIX involwd is not covered by unit prices coDtaiDcd in the Contract Documems and agree- ment 10 a lump sum is DOt reac:bed under paragraph 12.01.B.2, on tbe basis of the Cost of the Work (determiDed IS provided in paragraph 11.01) plus a CONTRACI'OR's fee for overhead aDd profit (deter- m.iDed IS provided ill paragraph 12.01.C). LJ 11 u 11 C. CONllUC1'OR's Fu: Tbc CONTRACTOR's fee for ovcrhead aDd profit shall be determined as follows: L-J n 1. a mutUally acceptable fixed fee; or LJ 2. if a fixed fee is DOt agreed upon, Ihcn a fcc based OD the fol1owiD& percentages of the various portions of the Cost of the Work: n LJ n a. for COSIS iDcurred under paragraphs 11.01.A.l aDd 11.01.A.2, the CONTRACTOR's fee sbaD be 15 pcrc:em; b. for COSIS ~ under paragraph 1l.01.A.3, die CONTRACTOR's fee shall be fIVe pcrccat; LJ II LJ n c. where ODC or more ticri of subc:oDtracts arc OD the basis of Cost of die Work plus a fee md DO u II 00700 - 33 LJ fixed fee is agreed upon, the intent of paragraph 12.0l.C.2.a is that the SubcoDtraCtor who actually performs the Work, at whatever tier, will be paid a fee of IS percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.I and 11.01.A.2 and that any higher tier SubcoDtraCtor and CONTRACTOR will each be paid a fee of five perccnt of the amount paid 10 the next lower tier Subcontractor; 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. Ihe amount of credit to be allowed by CONTRACTOR to OWNER for any change which results in a net decrease in cost will be the amount of tbe acwa1 act decrease.in cost plus a dt:duction in CONTRACTOR's fcc by an IJDOW1t equal to five percent of such act decrease; and f. when both additions and credits arc in- volved in anyone chaoge, the adjustment in CONTRACTOR's fee shall be computed on the basis of the act change in accordance with para- graphs 12.01.C.2.a through 12.01.C.2.e, inclu- sive. 12.02 Clumge of Contract Times A. The Comract Times (or MilCSlODCS) may only be changed by a Change Order or by a Written AmcDdmcnt. Any Claim for an adjustlDmll in Ibe ~ Times (or MilestODe$) sba1l be based on wriucn DOdce aubm.lued by the party making die c1aim. to b BNGINBBR. aDd cbe Other party to Ibe CoatrICl ill accordaDce wida Cbe provisioDS of pmgraph 10.05. B. Any adjUStmeDl of the Com:rIct Times (or MUcsumcs)covca:d.by a CbaDle:Ordcr or of lID)' Claim for an adjUStmcDt in the Contract Times (or Milestones) wD1 be determined in accordance with 'Ibe provisions of this Article 12. 12.03 De1D.ys Beyond CONTRACTOIl's ConlTOl A. Where CONTRACTOR is ~ from complctiDg IDY part of the Work within the Contract Tames (or Mncstoaes) clue to delay beyODd rile comro1 of CONTRACI'OR, Cbe Coattact TUDeS (or Milestoaes) wi1I be cXf.CDded in ID aDIOUId equal to die time lost clue to sacb delay rt a Claim is made chetefor IS provided in parqraph 12.m.A. Delays beyond the CODtrOl of CONTRACTOR sbal1 include, but DOt be lim1rcd to, ICCI or DCg10ct by OWNER, acu or aeeJcct of ud1Jty owaen or other coottacton pcrfol'llliDg other work ~ CODlCmp1ated by 1. delays beyond tbe CODtrOl of both OWNER and CONTRACfOR iDd,ldh1c but DOt limited 10 files, floods, cpidcmk:a,'1baormd wcatbcr CODditions, IdS of God, or .ccs ar DeJIect by utility owaen or odacr' c:oatractors perfopniDg 0Ibcr work as contemplated by .C. If Laws or .Regulations of any public body having Artic:lc 7. . ' . .. --jurisdictioD requiIe.any Wade (or part Ibcnlof) specjfically to fI be inspected, -:tested;' or approved by aD. employee or other u rep~ative of such public body, CONTRACTOR d1a1l assume full responsibility for arrangiDg aDd obtainiDg such inspections, tests, or approvals. pay llI'costs in'coDDeCtion therewith, and fumisb ENGINEER the required certifICates of inspec:Iion or approval. Anicle 7, fires, floods, epidemics, abnormal weather coaditions, or acts of God. 12.04 Delays Within CONTRAcrOR's Control A. The Contract Times (or Milestooes) will not be cxtended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays B~o"" OWNER's and CONTRACTOR's Colllrol A. Where CONTRACTOR is prevented from complet- ing any part of the Work within the Contract Times (or MileslODeS) due to delay beyond the control of both OWNER aDd CON'TRACfOR. an CJUalSion of Ihc Contract Times (or MilesloDCS) in an amouat equa110 the time lost due to such delay sba1J be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 D~lay Damages A. In DO event shall OWNER or ENGINEER be liable to CON'IRACTOR, any Subcomractor, any Supplier, or any other person or organization, or to any surety for or employee or agcot of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CON- TRACTOR; or B. Nothing in this paragraph 12.06 bars a change in CoIJUUt Price pursuant to Ihls Article 11 to compensate CONTRACTOR due to delay, interfereace, or disruption directly attn"butable to . actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFBCTIVE WORK. 13.01 Notiu 01 DefectS A~ Pro. DOCice of all defective Work of which OWNER or ENGINEER has actual bowIedge wiJl be liw:n 00700 - 34 n LJ to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. n L.J 13.02 Access 10 Work n 13.03 Tests and Inspections LJ A. CONTRACTOR.' shall give ENGINEER timely n notice of readiness of the Work for all required inspections, tests, or approvals and shalI cooperate with inspection and U testing persoDDCl to facilitate.requirccl inspectioDS or tests. n B. OWNER shall employ and pay for the services of an LJ independent testiDg laboratory to perform all inspcc~ons, tests, or approvals required by the Contract Documents n except: LJ 1. for inspections, tests, or approvals covered b" paragraphs 13.03.C and 13..03.D below; n u 2. dult cosU iDcurred in c;oan.ection with tests or inspections cooducted pursuant 10 paragraph 13.04.B n Iba11 be paid as provided in said paraaraph 13.04.B; and u 3. as otherwise specitically provided in the Coo- n tract Doc:umeats. I ' LJ n LJ n D. CONTRACTOR &hall be rcspoasible for arrangiDg and obtaiDiDg and Ihall pay all costs in CODDCCtion with any inspectioDs. tests, or approvals required for OWNER', aDd ENGINEER', ~.of materials or equipmeat 10 be ~ratecl iIllbc Wo1k; or ~ of mareriaIs, mix desfPs, or cquipmeat lUbmiuccl for apprcml prior to CONTRACl'OR', purdwc thereof for iaccxporation in the Work. Such inspcc:tions, tests. or approVIIs sba11 r performccl by orgauizatioas aa:eptable 10 OWNER an.. ENGINEER. u n u n LJ n LJ n u B. If ENGINEER considers it ~ssary or advisable that covered Work be observed by ENGINEER or inspected 13.07 Con-ection Period or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose, or otherwise make avallable A. If within one year after the date of Substantial for observation, inspection, or testing as ENGINEER may Completion or such longer period of time as may be require, that portion of die Work in question, furnishing a11 prescribed by Laws or Regulations or by the terms of any necessary labor, material, and equipment. If it is found that applicable special gtW'IDtec required by the Contract such Work is defective, CONTRACTOR shall pay all Documents or by any specific provision of the Contract Claims, costs, losses, and damages (including but not limited Documents, any Wort is found to be defective, or if the to all fees aDd charges of cngin=rs, architects, attorneys, and repair of any damages to the land or areas made available for olbcr professionals and a11 court or arbitration or other CONTRACTOR's use by OWNER or pennittcd by Laws and dispute resolution costs) arising out of or relating to such Rcguladons as coatcmplatcd in paragraph 6.11.A is found to uncovering, exposure, observation, inspection. and tcstiDg, be defective, CONTRACTOR shall promptly. without cost aDd of satisfactory rep1acemeDt or I'CCODStnJetion (mcluding to OWNER and in aa:ordaDcc with OWNBR~I written but DOt limited to all costs of repair or rcp1a.cemeat of work instnlClioDs: 0) repair such defectM: land or areas, or (Ii) of others); aDd OWNER sbal1 be CDtitled to'an appropriate correct such defectiw Work or, if cbe defective Work'has decrease iIllbc ComrIct Price. Iftbe pardee lie uaable to bceIl rejectecl by OWNBR. reDlO\'e it from'dIe ProJ~.&Dd IgI'eC IS to Ibe IIIlOUDt dJcreof, OWNER may maJce a Claim repllcc.it with Work 1bat is mt dcfec:che, ad (ill) IItisfac.. cherefor u provided in paragraph 10.OS. If, howeYer, JUCh"-.'.r.orily C01'IeCt or.RpIir.or;reIIIOYC:ml JqJJace aDJ dama&e to Wort is DOt fowxl to be defccdve, CONTRACTOR IhaIl be.'; othcr.:Work. to the. work:vf.otben or ocher laud or ~ .allowed aD increase in.the Contract Price or an CXleDSionrOf . ..:rcsu1ting therefrom; .'If.-mNI'RACTOR docs DOt promptly I' . the Comract Times (or M'l1estoDi:S). or bod1,ciimcdy attribut- comply' with..the terms of'such instructiODl, or in 'an able to such UDCOveriDg, exposure, observation, inspection. emergency w~ delay would cause seriOus risk 0( loss or . testing, replacement, and recoastruction. If the parties are dSlmllgt!, OWNER may have the defecd\'C Work corrected or unable 10 agree as to the 8II1OUDt or extent thereof, repaired or may have the rejectccl Work removed and CONTRACI'OR may make a Claim therefor as provided in replaced, ad all Claims, costa, losscs, .aad damages paraaraph 10.0S. (iDclucliq but DOt limited 10 all fees aDd charges of "'-'Igj-tl, arehiteets, attorneys, aDd other professionals aDd all court or arbittadoD or other dispute n:solution costs) arisiDI cut 0( or rdatiog 10 IUcl1 corrcctioD or repair or such removal aDd repIacemeat (mcludiac but DOt limited to aU costs 0{ repair or replaoemem of WOlt of odJcrs) will be paid by CONTRACI'OR. - 11 L.J 11 LJ E. If any Work (or the work of others) that is to be iospcc:tcd, tested, or approved is covered by CONTRACJ'OR without written concurrence of ENGINEER, it must, if requested by ENGINEER. be uncovered for observation. n LJ n LJ F. Uncovering Work: as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CON- TRACTOR bas given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGI- NEER has not acted with reasonable promptness in response to such notice. n u n 13.04 Uncovering Won: u A. If any Work is covered contrary to the wriuen request of ENGINEER, it must, if requested by ENGINEER, . be UDCOVercd for ENGINEER's observation and rcplaced at CONTRACTOR's expense. II U n u n u II u 11 L.J n L) I' u LJ n u n 13.05 OWNER May Stop the Wort u A. If the Work is defec:tnoe, or CONTRACTOR fails to n supply sufficiCm si:iUed workers or suitable materials or w equipmcal, or faDs 10 perform the Work in IUCb a way that the completed Work will conform to the Coatract n Doc.rment$, OWNER may ordec CONTRACTOR to stop cbe LJ Work. or any portion theRlOf, until the cause for such order has bccIl e1i.mioated; however, this right of OWNER CO stop n 00700 - 35 LJ the Work sball not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for. or employee or agent of any of them. 13.06 Con-eaion or Removal of Defective Won A. CONTRACTOR shall correct all defective Work, whether or not fabricated, inslalled, or completed, or, if the Work has been rejected by ENGINEER. remove it from die Projcct and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and odier professionals and .all court, or. arbitration. or . other dispute resolution costs) . arising :out of or l'elating to...such correction or removal . (including but DOllimiled. to all costs of repair or .replacement of work of others). B. In special circu.mstaDces wbe~ . particular item of equipmeDl is placed in continuous service before Substantial . Completion of IIlIbe Wort, lbe ~:m period for tba1 item may start to run from an earlicr date if so provided in the Specifications or by Written Amcndment. C. Wherc defcctive Work: (and damage to other Work: resulting therefrom) has been corrected or removed and replaced undcr this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additiooal period of one year after such corrcction or removal and replacement has been satisfactorily completed. D. CONTRACfOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of Ibis paragraph 13.07 shall not be construed as a substitutc for or a waiver of the provisions of any applicable swutc of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replaCCJDeDl of defective Work, OWNER (and, prior to ENGINEER's recommendation of fmal payment, ENGINEER) prefers to accept it,' OWNER may do so. CONTRACTOR shall pay aU Claims, costs, losses, and damages (iDcluding but DOt limited to all fecs and chargcs of ~~, architecu, attorneys, and other profcssionals and all court or arbitration. or other dispute rcsolution costs) attributable to OWNER's evaluation of and detennination to accept such defective Work: (such costs to be approved by ENGINEER as to reasonableness) and the diminished valuc of the Work to the extent DOt otherwise paid by CONTRACTOR pursuant 10 this sentence. If any such acc:epamce occun prior to ENGINEER's rccomm~dation of fmal paymaIt. a Cwlge Order will. be issued inco:porating the IleCftsary revisions in the Contract Documcms with respect to the Work, aDd OWNER sba11 be CDtitlcd to an appropriate decrease iIi die Conttad Price, ref1ccdDg the d"nnMWuod wlue 0( wart 10 IICCCptCd. If the parties ~ uaable fa IIfI'C as to die amouat tbereof, OWNER. may make a Claim. therefor as pRMded in paragraph 10.OS. If the ICCCptIDCe oocurs after such rccontm"",,lItion, an appropriate amouat will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Con-eel Dqectille Worlc A. If CONTRACTOR falls wilhin a reasoaable time . .after. wria.eD 'DOtice from .ENGINEER to correct defective Work or to zemove amd replace ~ Work as required by ENGINEBR ill accordaace with paragraph 13.06.A. or if CONTRACfOR flUs to perform the Work.in ICCOrdaDce widllbe CoattIct Doc:umeII1$, or if CONTRACTOR fails to comply widllll)' ocber JIiovisioa. 0( Ibe Comract DocPtrnts, OWNER IDI)', after ICVCIl da:yI wriuca DOtice to CONTRACfOR, correct aDd ~medy any such deficicocy. B. In exercisiD& tbc rights aDd remedies UDder this parasnph. OWrmR shall pIOCCed expeditiously. In 00700 - 36 n LJ connection with sueb corrective and remedial action. n OWNER may exclude CONTRACfOR from all or pan r' U the Sitc, lake possession of all or pan of the Work a suspend CONTRACTOR's services related thereto,' take n posscssion of CONTRACTOR's tools, appliances, con- u struction equipment and machinery at the Site, and incorpo- rate in the Work all materials and equipment stored at the n Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow LJ OWNER, OWNER's representativcs, agcnts and employees, OWNER's other contractors, and ENGINEER and n ENGINEER's Consultants access to the Site to enable u OWNER to exercise the rights and remedies under this paragraph. n C. .AU Claims, costs, losses, and damages (including LJ but not limited to all fees and charges of engineers. architects, attomcys, andothcr.profcssioaals and all court or n arbitration or other dispute. resolution COSU) incurred or LJ sustained by OWNER in excrcisiD& the righu and remedies under this paragraph 13.09 will'be charged against CON- TRACI'OR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documenu with respect 10 thc Work; and OWNER. shall be entided to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjuStment, OWNER may make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losscs and damages will include but DC' be limited to all costs of repair, or replacement of work 0, others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. n LJ n u n u n D. CONTRACTOR shall DOt be allowed an extension of the Contract Times (or Mi1estcmes) because of any delay in Ibc performm::e of Ibc Work aarilxJtab1e to die exeICise by OWNER. of OWNER'. rights aud remedies under this paracrIph 13.09. u n LJ ARTICLE 14 --PAYMENTS.TO CONTRACTOR AND COMPLETION n u n LJ 14.01 Schedule of Values n A. The. schedule of values cstablished as provided.in paragraph 2.07.A will serve IS the basis for .progress paymcms and will be iDcorporatcd iDto a form of Application for Payment acceptable to ENGINEER. Progress payments on ICCOUDt of Uait Price W~rk will be based 011 the number of uaits complCUld. . . , LJ If u n w n LJ n u II u II LJ n LJ n LJ n u n u 11 u 11 LJ :' u n L.J 11 LJ 11 L..J n L-J n u 11 LJ n LJ II L..J II LJ n u 14.02 Progrtss Payments A. Applicalions for Payments I. At least 20 days before the date established for each progress payment (but not more often than once a mOllth), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACI'OR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered. and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other docu- mentation warranting that OWNER has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriarc property insurance or other arrangements to protect OWNER's inrcrest therein, all of which 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 account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to pro- gress payments will be as stipulated in Ibc Agreement. B. Review D/ Appliaztions 1. ENGINEER will, widJin 10 days after receipt -of . each ApplicatioD for Paymcat. either iDdicate in writing. I I"CCOIIUIICIIdtion of payment and pracnt; the Application to OWNER or return the Application to CONTRACTOR iDdicating in writing ENGINEER's reasons for refusing to rccommeod payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER's rccoJrI~lItiOD of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER. based on ENGINEER's ObservaUODS on the Site of rhe executed WorIc IS lD:experieaced aDd qualified desip profession- al and on ENGINBER's review of rhe Application for Payment and the ac:c:cnnpaII)'i cWa and schedules, chat to Ibe best of ENGINEER's kDow1eclge, infonnation and belief: 00700 - 37 a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subjcct 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 (mal determination of quantities and classifications for Unit .Price Work under paragraph 9.08, and to any other qualifications stated 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 not thereby be deemed to have represented that: (i) inspections made to ch=~ the quality or the quantity of Ibe Work as it has beea performed have been exhauslive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifICally assigned to ENGINEER in the Contract Documcms; or (ii) that there may not be other maners or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER 10 withhold payment to CONTRACTOR. 4. Neither ENGINEER', review of CONTRACTOR's Wort for the purposes of recom- mendin& paymeDlS nor ENGINEBR's .RCOmmeDdation of any payment, iDc1udiag fiDal paymeIIl, will impose respons1Dility on ENGINEER to mpenise, direct, or coattollbc Work or for tbe means, medIock. tedmiqucs, "_:sequeaces,"or-procedures of.coDllnlCticm. or cbc safety . : ..:.; JJRC8Ulicms aDd progmms.iDc.ident Ibcreto, or fOl' CON- : TRACl"OR!s fallurc to:comply with Laws aDd Regu- lations applicable to CONTRAcroR's perfOrmaJK:e of the Wort. Additionally, said review or RCOmmcodation will not impose responsibility on ENGINBERIO make any e;umination to ascertain how or for what purposes CONTRACI'OR has used the moocys paid 0Il1CCOWJt of the Contract Price, or to determine that tide &0 any of tile Wort. materials, or equipment bas passcc1 10 OWNER free and clear of any Liens. S. ENGINEER may refuse 10 recommend the whole or II1.Y pan of 811)' paymem if. in ENGINEER's opinion, it would be iaoorrcct to make the represenia- tions to OWNER referred to in paragraph 14.m.B.Z. ENGINEER may also refuse to r<<ommead any such paymelll or, because of subsequently discovered evideDce or Ibe results of subsequent ~ or tests, A. When CONTRAc;:TOR considers d1e entire Work n ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that die entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificatc of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and BNGINEER shall make an inspection of die Work to determine die statu of completion. If ENGINEER docs DOt consider die Wori.. substantially complete, ENGINEER wID notify CONTRACTOR in writing giving the reasons tbcrefor. If ENGINEER considers the Work substaDtially complete, ENGINEER wiD prepare aDd deliver to OWNER a tcDWive . certificate of Substantial Completion whicl1sha1l fix the date of Substantial ComplClion. There IbaI1 be IIttlcMd to the ccrtificarc. a tentative .list .of .items &0 be complecec1 or b. Ueus have been filed in c:oanectiOD wiIh~Ibe-""!' corrected 'before :fiDll'.pa~ 'OWNER shall have seven Wort, cx=p( Wbl= CONTRACTOR bas delivered. .days:after rc:ccipt of.the tcnWivc c:crtificatc duriDg which 10 . specific Bood satisfactory to OWNER. to secure make writtcn.objcction"&o ENGINEER as to any provisions the satisfaction aDd discharge of such Liens; of the certificate or attached list. If, after considering such objections, ENGINEER concludes that tbc Work is DOt c. there arc other itemS entitling OWNER to substantially complete, ENGINEER will within 14 days after a sct~ff against d1c amount recommended; or submission of the tentative cenificate to OWNER notify CONTRACI'OR in wriciog, stating the reasons therefor. If, after coosideratioD of OWNER's objcctious, .ENGINEER coosiders die Work substantially complete, ENGINEER will within said 14 days execute aDd deliver 10 OWNER. and CONTRAcroR a clcfiaidve certificate of Substantial Completion (with a revised teDtativc list of items to be compleced or corrected) rd1ectiag such c:haDges from the tcotltive c:enificate as ENGINEER. be1ievcs justified after CODSideradoD. of any objcccions from OWNER. At the time of delivery of die temalive certificate of SUbstantial Comple- tion ENGINEER wW deliver to OWNER aDd CONTRAC' TOR a wriuen reco~atioo as 10 dMsion of RIpODSibW- revise or revoke any such paymeot recommendation previously made, to such extcnt as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Written 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 of.ihe occurreoce of any of the events enumerated in para- graph IS.Ol.A. C. PaymetU Becomes Du~ 1. Ten days after presentation of the Application for Payment to OWNER with ENGINEER's recom- mendation, the amount recommended will (subject to the provisions of paragraph 14.02.0) become due, and when due will be paid by OWNER to CONTRACTOR. D. Reduction in Paynunl 1. . OWNER may refuse to make payment of thc full amount recommended by ENGINEER because: a. claims ha~ been made against OWNER on account ofCONTRACI'OR's performance or fur- DisbiDg of die Work; d. OWNER has actual kDowledge of the occuc- . rc:acc of any of the evCIIIS enumerared in paragraphs 14.02.B.S.. through 14.0l.B.s.c or paragraph IS.Ol.A. 2. If OWNER refuses to make payDJCDt of the full &D1OUIIl rec:om-Nwt by ENGINEER. OWNER. must give CONTRACTOR ImrnMiate wriaen DOtice (with a copy to ENGINEER.) swiag die reasons for such action aad prompUy pay CONTRACTOR any amount R"'Slifth1g afIc& dccluctioa of the amouDl so witbhc1d. 00700 . 38 n LJ OWNER shall promptly pay CONTRACTOR the amoW1t so withheld, or any adjUStmcDt lhercto agreed to 11 by OWNER and CONTRACTOR, when CONTR.V LJ TOR corrects to OWNER's satisfaction the reasons L such action. n L.J 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount n wrongfully withheld shall be treated as an amount due as determined by paragraph l4.02.C.1. LJ 14.03 CONTRACTOR's Warranty o/Title n u A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any n Application for.Payment,.whether incorporated in the Project u or . not, will pass to' OWNER. no later than the time of payment free and' clear of-all Liens. n 14.04 Substanlial Completion u u Il LJ n u n LJ n u n LJ n I L.J n LJ n L.J n I u n u n u II Li n u n u n LJ n u n u ties peoding fmal payment between OWNER and CONTRACTOR with respect to security, operation, safety, and protection of the Wort, mainterwu:e, heat, utilities, insW1lJlCC, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing lhe definitive certificate of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. u (I 14.05 Partial Utilizarion n LJ (I Li 11 LJ 11 LJ 11 Li Ii Li (I LJ n u n u n u n u n l.J A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been idcntifJCd in the Contract Oocumcnts, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's perfonnaDCC of the remainder of the Work, may be accomplished prior to Substantial Completion of all the Work subject to the following conditions. 1. OWNER at any time may request CON- TRACTOR in writing.to permit OWNER to use any such part of the Work: which OWNER believes to be ready for its imendetf use and substantiaDy complete. If CONTRACTOR asrees lhat such pari of Ibc Work is substandally complete, CONTRACTOR. will c:cnify to OWNER and ENOINEBR dIIIt such part of the Wort is IUMtJltltiAI~ complete and RqUCIl BNOINBBR 10 issue . c:ertificare of SubsWItiII Comp1etitm for 1bat part of. the Wort. CONTRACTOR at aay.time may notify OWNER aDd ENGINEER iD writing that CONTRACTOR considers any such pan of the Work: ready for its intcDdcd use and substantia11y complete and request ENGINEER to issue a certifICate of Substantial Completion for that part of the Work:. Wichin a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER sba1l make an im:pet"tioD of lhat part of the Work: to derermine its status of completion. If ENGINEER docs DOl amsidcr that pan of cbe Work: to be substantia11y complete, ENGINEER wW DOdf)' OWNER aDd CONTRACJ"OR ill writiDg living rbc rcasoas therefor. If ENGINEER considers chat pan of Ibc Work: 10 be substantially complete,the provisions of~h 14.04 will apply wid1 n:spec:t to ccrtificatioa of SubstamiaI Completion of Ibat part of Ibc Wort and Ibc division of rcspoasibility ill respect rbcreof and access cbereto. 00700 - 39 2. No occupancy or separate operation of part of the Work may occur prior to compliance wilh the requirements of paragraph 5.10 regarding property insurance. 14.06 Final [rupee/ion A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a rmal inspection with OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that lhe Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies . 14.07 FiflDl Payment A. AppliCalion for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the fmal inspection and has delivered, in accordance wilh the Contract Documents, all main- tenance and operating' instruCtions, schedules, guaran- tees, Bonds, certificatcs or otl1cr evidence of insurance certificates of inspection, mar1ccd-up record documents (as provided in paragraph 6.12), and olher documents, CONTRACTOR may make application for f'mal payment-following the procedure tor progxess payments. 2. The fmal Application for P.aymeDl sba11 be accompanied (except as previously delivered) by: (i) all dOCUlDl'!l'ltJltiOl) called for ill dJe ConIraclI)ool.ftVl!ftts, iDclucliD& bat DOt limited to the evideace of iDsuraDcc . requiIecl' by IUbparIsraph '5:04.8.7; (II) ClOIIIeIIf 0( the . ~.,ifay.1O'fiDal paymem: ad (ail) comp1efeJQd '. .lepJ1y cffecdw'.sdeasca'or waivers .(satiifactory to OWNER) of iD. Uen .rights'arising out of or lJens filed in c:onncction with the Work:. 3. In lieu of the releases or waiven of Uens speclrlCd in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR. may furnish receipts or releases in fun aDd an affidavit of CONTRACTOR. 'chat: (i) dJe relCUCI and receipts.iDelude all labor, services, marerial, and equipmeat for which . Lieu could be filed: and (d) all payroUa, material and equipment. bUls, aDd ocher indebfecIneas c:onnect.ed widllbc Wort for ~ OWNER or OWNER', property misbt illlID)' way..be r&paasto1c have been paid or ocbcrwise sadsficd. If my Subc:onr:rador or Supplier falls to furnish such . release or rec:cipt ill full, CONTRACTOR'may furDish . Bond orocber eol1alcral lltisflClOl')' to. OWNER. to iadcmnify OWNER against any Uen. . . 4. CONTRACTOR's vio1ation in III)' substantial r way of any provisioas of Ibc CoDtract l)ocumCDtS. B. If ODe or more of dJe evCDtS ideDtifaed in paragra( 1S.02.A occur, OWNER may, a&r giving CONTRACTO. (and the surety, if 11I)') seven days written DOCioc, terJDinate 00700 - 40 B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of the Work during construction and fmal inspection, and ENGINEER's review of the fmal Application for Payment and accompanying documentation as required by the Conuact Documents, ENGINEER is satisftcd that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the fmal Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for pay- ment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will. return the Application for PaymePl to CONTRACTOR, indicating in writing the reasons for :-efusing to recommend fmal payment, in which case CON- TRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. paymenr 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, wiJI be paid by OWN- ER to CONTRACTOR. 14.08 Final Completion Delayed A. If, through 110 fault of CONTRACTOR, fmal completion of the Work is signiflClDdy delayed, and if ENGINEER 10 CODfimIs, OWNER. sbaIl, upon receipt of CONT'llACI'OR'. fiDal Applk-~ for Paymcat aod ~satinn of ENGINEER.. and wid10ut tcrmimrtit1g the. ~. make pa)rmem of the balaoce due for that portion of b Work fully completed and accepted. If the remaining balance 10 be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the A&(~meut. aad if Boods have bccD furnished as required in paragraph S.Ol, the written consent of the surety to the payment of lbc balance due for that portion of the Wort fully compleced and accepted shall be submitted by CON- TRACTOR to ENGINEER with the Application for such paymcat. Such paymem sball be made under the termS and coadidoas govemiDg fiDa1 payment, except -that it.sball not c:oastiQ.ttC a waiver of CJaims, 14.09 Waiwr of Otzims A. The maIdDg aad acccpWlCe of fmal paymCDt will CODStitute: n LJ 1. a waiver of all Claims by OWNER against n CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after fi LJ inspection pursuant to paragraph 14.06, from failure _ comply with the Contract Documents or the terms of any n special guarantees specified therein, or from LJ CONTRACTOR's continuing obligations WIder the Contract Documents; and n LJ 2. a waiver of all Claims by CONTRACTOR against OWNER other than those previously made in n writing which are still unsettled. LJ ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION II u n .15.01 OWNER May Suspend Woric u A. At any time and without cause, OWNER may suspend the Work or any. portion thereof for a period of not n more than 90 consecutive days by notice in writing to CON- U TRACTOR and ENGINEER which will fIX the date on which Work will be resumed. CONTRACTOR shall resume the n Work on the date so fIXed. CONTRACTOR shall be allowed u an adjustment in the Contract Price or an exteosion of the Contract Times, or both, directly attributable to any suc~ suspension if CONTRACTOR makes a Claim therefor provided in paragraph 10.05. n LJ 15.02 OWNER May TerminaJejor O:zuse n LJ A. The oc:currcoce of any one or more of the following events will justify termination for cause: n LJ .1. CONTRAcroR's persistaIt fai1uae 10 pcri'orm . .' --. ..thc'Wol'k'in'accordaDcc:with the Couttact DocuDlCDU ; ". (iDcluding;' butDOt limited 10, failure 10 supply sufficient .. . skiUed:.workcrs' or..:suitable materials or .equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); n u n LJ 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; n LJ 3. CONTRACTOR's disregard of the authority of n ENGINEER; or LJ n LJ n LJ n u 1. for completed and acceptable Work executed in accordam:e with the Comract Documents prior to the effective date of termination, including fair and 16.01 Melhods and Proc~durt!s rcascmable sums for overhead and profit on such Work; n \."J [, LJ the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances. consuuction equipment, and machinery at the Site, and use !he same to the full extent they could be used by CONTRACTOR (wi!hout liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and fanish the Work as OWNER may deem expedient. In such case. CONTRACTOR shall not be entitled to receive any further payment until !he Work is fmished. If the Wlpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited 10 all fees and charges of engineers, architects, attorneys, and o!her professionals and all coun or arbitration or other dispute. resolution costs) sustained by OWNER arising out of or relating to completing the Work, 'such excess will be paid'to CONTRACTOR. If such claims, costs, losses, aDd damages exceed such unpaid balance, CONTRACTOR shaD pay the difference to OWNER. Such claims, costS, losses, aDd damages incurred by OWNER will be reviewed by ENGINEER as to their rcasonahleuess and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. n LJ II LJ [l u n LJ n LJ n LJ n u II LJ C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or n:medies of OWNER against CONTRACTOR then existing or which may thereafter accrue. AIJy retention or payment of moocys due CONTRACTOR by OWNER will DOt release CONTRACTOR from liability. II LJ n u 15.03 OWNER May Tennintzle For Convenience [l A. Upcm ICYCI1 days wriaeo DOtice 10. CONTRACTOR and ENGINEER.. OWNER IDlY, without ~ ao~hPlitbout prejudice 10 any other right or remedy of OWNER, elect to ICrJI:liDaIc Ibc Comract. In such c:asc, CONTRACTOR shall be paid (witbout duplication of any items): LJ n LJ n LJ n 2. for CJPCDSCS susWoed prior to cbe effective date of term.ioation in perfol1lliD& services aad fumisbing labor. materials, or equipmcm as required by the Coolnd DocuWDIS ill coDDCdion with uncompleted Wort, plus fair aad reasoaable sums for overhead and profit on such expeD5CS; LJ n LJ n LJ 3. for all claims, costs, losses, and damages (mcluding but DOt limited to all fees and charges of 00700 - 41 11 LcJ engineers, architects, attorneys, and other pro(essiooals and all coon or arbitration or other dispute resolution costs) incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. (or reasonable expenses dircctly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 15.04 CONrRACTOR May SlOp Work or TerminaJe A. If, through no act or fault of CONTRACTOR, the Work is suspended for more.:.tban :90.~coDSccutive days by OWNER or.:uoder"an order of coon or:otber.public"authority, or ENGINEER falls lO.act:on any. Application for Payment within 30 days after 'It-.is .submitted;'or OWNER fails for 30 days to pay CONTRACTOR any sum fmally determined to be due, then CONTRACTOR may, upon IeVCD days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspeosion or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph IS.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGI- NEER has failed to act on an Application' for PaymCDl within 30 days after it is submitted, or OWNER has failed for 30 days to pay CONTRACTOR any sum fioally determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Wort UDtil payment is made of all such amOUDtl due CONTRACTOR, includiD& interest thereon. The provisions of this parairaph 15.04 are DOt intended 10 preclude CONTRACTOR from mAn.,g a Claim UDder paragraph 10.OS for an adjustmeD1 in Coottact Price or Coatr3cI T'1IDeS or otherwise.far GpeDSeI or damage d.in:ctIy attributab1c'fO.ooNTRAc:reR!$::etopplDl".dIe Work as permitted by this paragraph. ,'. . ARTICLE 16 - DISPUTE RESOU:1TION- A. Dispute resolution methods and procedures, if any, shall be as sct forth in the SupplcmCDlal)' Cooditioos. If DO method and procedure has been set fonh, and subject to Ibc provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either my otbcrwisc have UDder the Contract DocumeDts or by Laws or RcguladoDS in respect of any dispute. ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whcoever any provision of the Contract Documents requires che giving of written notice, it will be deemed to have been validly given if delivered in person to chc individual or to a member of the firm or to an officer of the corporation for whom it is intended. or if delivered at or sent by registered or cenified maU, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computation of Times A. When any period of time is referred to in the ContraCt Documents by days, it will be computed to exclude the fUlt and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction. such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the panics heretO are in addition to. and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are othelWisc imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Comract Documellls. aDd chc provisions of this paragraph will be as effeccm as if repeated specifically in the Contract Doot'm~ts in CODDCCtion with each particular duty, ob1igllfion. rigbt. and remedy to which they apply. 17.04 SIlrviwzl oj Obligaliotrs A. All represCatatioDs. indemniflCatioDS, warranties, and guaramces made in, n:quircd by, or given in accordance with the CoDlract Dcv~!Imja."ri:, as weD as all continuing obligations iDdicated in the Comract I)roJmcnts, will survive fJDal payment, completion, aDd acceptance of the Work or termination or completion of the Agreement. 17.OS Con/ToIUng Law A. Tbis CoIIUICt is to be governed by the law of the state in which the Project is located. 00700 - 42 n L,.J n LJ n LJ n LJ n LJ n '--I n LJ (l LJ n '-.) n LJ n u n LJ n LJ n LJ n LJ n LJ n , LJ n LJ n w n LJ n LJ n LJ n LJ n LJ n L.J n LJ n LJ n L.J n LJ n LJ n u n u I' LJ n LJ n LJ n LJ n LJ n LJ I 1815T ACTIVE PARK APRIL 10, 20057-22-05 SECTION 00800 FIRST AMENDED 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 Paraqraph 1.01.28 entitled "Notice of Award:: -"When requested by OWNER, the Notice of Award may be issued by the ENGINEER." Add the following sentence to Paraqraph 1.Q.L29 entitled "-Notice to Proceed:: -"When requested by OWNER, the Notice to Proceed may be issued by ENGINEER." Add the following terms after Paragraph 1.Q,L50: 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. 1.55 Retainaqe - The percentaqe of the Contract Price. retained by Owner from the proqress payments to the Contractor for Work performed until the Work is completed. It shall be payable to Contractor in accordance with the Contract Documents. 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." SUPPLEMENTARY CONDITIONS 00800-1 n LJ 181 ST ACTIVE PARK APRIL 10, 20057-22-05 i' In the first line of Paragraph 2.02., change the term_-"...ten..." to read~ 'u i' " . (6\ " ...SIX~... . u Delete Paragraph 2.03. and replace with the following:- il :2.03. The date of commencement of the Work is the date~stabHshed in a Notice to Proceed." LJ (I Li Add the following to Paragraph 2.05.: n Li :0. 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.- 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 correlated his observations with the requirements of the Contract Documents.:- (I Li n LJ II U ARTICLE 3 - CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE Add the following to Paragraph 3.02.A.: II :3. Sections of Division One - General Requirements govern the execution of all sections of the Specifications.: u 11 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND -PHYSICAL CONDITIONS: REFERENCE POINTS Li II In Paragraph 4.02.A., change the term_-"...Sup~ementary Conditions..." to read~ LJ "...bidding requirements...". (I Li In Paragraph 4.02.B.. change the term_-"Supplementary Conditions..." to read~ n "...bidding requirements...". LJ ARTICLE 5 - BONDS AND INSURANCE n In the first line of Paragraph 5.04., following the word "...maintain...", insert the words~ LJ , "...in a company or companies licensed to do business in the State of n Florida....". u In the last line of Paragraph 5.04.A.6.. following the word "...vehicle.". insert the words~ (I u :-;4".... 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." n u SUPPLEMENTARY CONDITIONS 00800-2 n u n LJ n LJ n LJ n LJ n LJ n LJ n LJ I' LJ n L.J n LJ n l.J 11 LJ n LJ Ii u n LJ n u n u n LJ n LJ I 181sT ACTIVE PARK Add the following after Paragraph 5.04.B.7.: APRIL 10, 20057-22-05 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. iii. iv. v. vi. vii. Independent contractor's Protective. Products and Completed Operations. Personal Injury Liability with Employment Exclusion deleted. Contractual Liability. Owned, non-owned and hired motor vehicles. Broad Form property Damage including Completed Operations. 9. Provide coverage for not less than the following amounts. a. Worl(ers' Compenoation, etc. under paragraphs 5.4.1 and 5.4.2: 1. State b. Contractor's Liability Inourance under Article 5.4, .."hich ohall also include completed operation3 and product liability coverages and eliminate the exclusion '.',.-ith respect to property under the care, euotody and control of Contractor: a. Workers' Compensation, etc. under paragraphs 5.4.1 and 5.4.2: 1. State 2. Applicable Federal (e.g. longshoreman's and/or Maritime) 3. Employer's Liability 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 custody and control of Contractor: 1. General Aggregate (Except Products - SUPPLEMENTARY CONDITIONS Including employers liability limits $1,000,000 each accident, $1,000,000 disease policy limit, $1,000,000 disease each employee Statutory $ 1,000,000.00 $ 1,000.000.00 00800-3 n u \l LJ n u f1 u n u n LJ 11 LJ n u 11 LJ 11 LJ n LJ 11 LJ n LJ 11 LJ n LJ n u n u 11 LJ n LJ 181ST ACTIVE PARK APRIL 10, 20057-22-05 Completed Operations) 2. Products Completed Operations $ 1.000.000.00 Aggregate 3. Personal and Advertising Injury (Per $ 1.000.000.00 Person/Organization) 4. Each Occurrence (Bodily Injury and $ 1.000.000.00 Property Damage) 5. Property Damage liability insurance will $ 1,000,000.00 provide Explosion, Collapse and Underground coverages where applicable. Qt;. Bodily injury and property damage $ 1,000.000.00$ combined Professional Liabilitv. Errors & Omissions insurance for architects. enQineers and other consultinq professionals IJ-. Excess Liability General Aggregate $ 1.000.000.00 Each Occurrence $ 1.000.000.00 8. Professional Liabilitv Insurance. as it $ 1,000.000.00 applies c. Automobile liability under paragraph 5.4.6: 1. Bodily Injury: Each Person $ 1.000.000.00 Each Accident $ 1.000.000.00 Property Damage: Each Occurrence $ 1.000.000.00 OR 2. Bodily Injury and Property Damage Combined Single Limit: Each Occurrence $ 1.000.000.00 Aggregate $ 1.000.000.00 /\ggregatc $ 1,000,000.00 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: SUPPLEMENTARY CONDITIONS 00800-4 n u I 181sT ACTIVE PARK (I Li n u f1 U f1 Li f1 LJ (I I LJ (I u 11 In conformance with the requirements of Section 725.06, Florida Statutes, the specific considerations for CONTRACTOR's promises are: (I U a. n LJ I' LJ b. n I l.-J (I u APRIL 10, 20057-22-05 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 10. 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. 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; 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: f1 :F. The form of policy for this coverage shall be Completed Value. G. It 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.: u n u (I u ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES n Add the following after Paragraph 6.05.F: u n LJ SUPPLEMENTARY CONDITIONS 00800-5 n u n u n LJ [I LJ [I LJ [I LJ [I u (' u II LJ (' i LJ n LJ I' LJ n u (I u (' LJ n L.J n u [I LJ (I LJ n LJ 181ST ACTIVE PARK APRIL 10, 20057-22-05 :G. The use of asbestos or asbestos-based fiber materials is prohibited in this Project.: Add the following after Paragraph 6.08: :6.08.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. 6.08.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.: Add the followinq after the last sentence in Paraqraph 6.10: , ~I A,.MtL. J~ \IO'/lnu ProVldW N.cdf.uc..d.s In accordance with e.xRibit --A hereto. entitled Tax Exomption AQreemcRt to Contract. the Owner may directly purchase all materials and equipment identified \ in the Contract Documents for incorporation into the Proiect ("Owner-Provide ~ Materials"). 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." 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: SUPPLEMENTARY CONDITIONS 00800-6 11 LJ 11 LJ n LJ 11 u n LJ n u 11 LJ I' U II u 11 LJ n u I' , LJ (' LJ \l u \1 u [I 1815T ACTIVE PARK APRIL 10, 20057-22-05 -"If OWNER and ENGINEER agree, ENGINEER will be OWNER's repre- sentative during the construction period." 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.: 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. In the first sentence of the paraqraph OWNER~ MAY CORRECT DEFECTIVE WORK:j! Ghange the first line from-,::- -If Contractor fails within a reasonable time after written notice of Engineer...:J -1=0 read: :-If Contractor fails within ten (10) calendar days after written notice of Engineer...: ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION u 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~ n u I' LJ II u -"By no later than the first day of the month, ...". SUPPLEMENTARY CONDITIONS 00800-7 n u n u n u fI U (I U fI u n u n U 11 LJ \l LJ n u n u 11 LJ n u n U n LJ n LJ n u n u 181ST ACTIVE PARK APRil 10, 20057-22-05 Followinq Paraqraph A€I€l-14.02.A.~4 add::- -~ !!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". 5. With each Application for Payment. the Contractor shall submit supporting records and other evidence, in a form and amount acceptable to the City and the Enqineer, to demonstrate the expenses incurred and the Work performed. This shall include, but not be limited to documentation related to the purchase of Owner-Provided Material and the reduction in the Contract Sum as a result of such expenditures. 6. Each application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire quaranteed maximum Contract Price amonq the various portions of the Work, except that the Contractor's Fee shall be shown as a separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Enqineer may require. This schedule, unless obiected to by the Enqineer, shall be used as a basis for reviewinq the Contractor's Applications for Payment. 7. Applications for payment shall show the percentaqe of completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage of completion shall be the lesser of: (1) the percentaqe of that portion of the Work which has actually been completed: or (2) the percentaqe obtained by dividinq (a) the expense that has actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Contract Price allocated to that portion of the Work in the schedule of values. 8. Subiect to the provisions of the Contract Documents, the amount of proqress payments shall be computed as follows: a) take that portion of the Contract Price properly allocable to the computed Work as determined by multiplyinq the percentaqe of completion of each portion of the Work in the schedule of values. Pendinq final determination of the costs to the Owner of chanqes in the Work, amounts not in dispute shall be included in the Application for Payment alonq with Chanqe Order, Work Change Directive or Written Amendment indicatinq the parties' aqreement with all or part of such costs for additional Work. b) add the portion of the Contract Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work, or, if approved in advance by Owner, suitably stored off-site at a location aqreed upon in writing. c) add the Contractor's Fee, less the ten percent (10%) Retainaqe. The Contractor's Fee shall be computed upon the Cost of the SUPPLEMENTARY CONDITIONS 00800-8 n U (I LJ n LJ n u n u n u [, LJ n L) f1 l.J n L.J I' LJ n l......} (' LJ n u n LJ n LJ n L) n u n u 181ST ACTIVE PARK APRIL 10, 20057-22-05 Work described in the precedinq clauses at the rate in accordance with Paragraph 11.01.C or, if the Contractor's Fee is stated as a fixed sum, then it shall be an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work in the two precedinq clauses' bears to a reasonable estimate of the probable Cost of Work upon completion. d) subtract the aqqreqate of the previous payments made by the Owner; e) subtract the shortfall. if any, indicated by the Contractor in the supportinq records and other evidence as mutually aqreed between the Owner or Enqineer and Contractor to demonstrate expenditures incurred to substantiate prior Applications for Payment. or resultinq from errors subsequently discovered by Owner. or desiqnee; f) subtract the amounts, if any, for which the Architect has withheld or nullified Certificate for Payment in accordance with the provisions of the Contract Documents." In Paragraph 14.02.8., change the beginning of the sentence~-from "Ten days..." to read~ -"Forty-five days...". In Paraqraph 14.02.C.1, insert the followinq: 2. The Contractor shall promptly pay each subcontractor, upon receipt of payment from the Owner. out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled. reflectinq percentaqes actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall. by appropriate aqreement with each Subcontractor, require each Subcontractor to make payments to Subsubcontractors. if such Subsubcontractors are permitted by the Contract Documents. to make payments to Subsubcontractors in the same manner. Neither the Owner nor the Enqineer shall have an obliqation to payor see to the payment of money to a Subcontractor, except as provided by law. Payment by Contractor to material suppliers shall be treated in the manner as provided in Paraqraph 14.02.C.2. Except with the Owner's prior approval. payments to Subcontractors shall be subiect to Retainaqe of not less than ten percent (10%). The Owner and the Contractor shall aqree upon a mutuallv acceptable procedure for review and approval of payments and retention for Subcontractors. Upon mutual aqreement by Owner and Contractor, payment in full may be made to those Subcontractors whose Work is fully completed durinq the early staqes of the Proiect. Notwithstandinq Paraqraphs 14.02.A.8 and 14.02.C.5 above. at such times as the Work as set forth in the schedule of values has been 50% completed. and upon mutual aqreement of the Owner and Contractor, no further Retainaqe shall be withheld from proqress payments with respect to such portion of the Work. Agreement as to any such reduction in retained amounts will not constitute a waiver of or otherwise preiudice the Owner's right to subsequently reinstate full retainaqe. as to that 3. 4. 5. 6. SUPPLEMENTARY CONDITIONS 00800-9 n LJ )l LJ fl LJ r, LJ )l LJ n Li fl LJ )l Li fl Li fl LJ fl LJ n LJ )l Li fl LJ fl LJ n Li n LJ n LJ fI LJ 181ST ACTIVE PARK APRIL 10, 20057-22-05 7. subcontractor, should circumstances iustify such action in the Owner's sole iudqment. Upon Substantial Completion of the entire Work of the Contractor, a sum, sufficient to increase payments to the Contractor to one hundred percent (100%) of the Contract Sum, less amounts, if any for incomplete Work and unsettled claims, shall be paid to Contractor with the next sequential payment application after Substantial Completion is obtained. Delete Paraqraph 14.05 and replace with the followinq: A. The Owner may OCCUpy or use any completed or partially completed portion of the Work at any staqe when such portion is desiqnated by separate aqreement with the Contractor, provided such occupancy or use is consented by the insurer. in accordance with Paraqraph 5.06.A.5 and as authorized by public authorities havinq iurisdiction over the Work. Such partial occupancy or use may commence whether or not the portion is substantially complete. provided Owner and Contractor have accepted in writinq the responsibilities assigned to each of them for payments, Retainaqe, if any. security, maintenance, heat, utilities, damage to Work and insurance, and have aqreed in writinq concerninq the period for correction of Work and commencement of warranties required by the Contract Documents. When the Contractor considers a portion substantially complete, the Contractor shall prepare and submit a comprehensive list to the Enqineer of the items to be completed or corrected prior to final payment. The Failure to include an item on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Consent of the Contractor to partial occupancy or use shall not be unreasoanbaly withheld. The staqe of the proqress of the Work shall be determined by written agreement between the Owner and the Contractor, or if no aqreement is reached, by decision of the Enqineer. 8. Immediately or prior to such partial occupancy or use, the Owner, Contractor, and Enqineer shall iointly inspect the area to be occupied or the portion of the Work to be used in order to determine and record the condition of the Work. C. Unless otherwise aqreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of the Work not complyinq with the Contract Documents." In the first sentence of Paragraph 14.05.A2., fullo'Ning the word .....Worle...., in::;ert thc words .....or to place and install equipment...... At the end of Paragraph 14.07.A2. after, ...with the 'Nork. Imert, "(iv) acceptance by the Owner::; and gO'Jerning agencies After the least sentence in Paraqraph 14.04.8, insert the followinq: "C. Once 1) the definitive certificate of completion has been issued to the Owner and the Contractor and 2) once consent of the surety, if any, has been obtained, the Owner shall make payment of Retainaqe applyinq to such Work SUPPLEMENTARY CONDITIONS 00800-10 II LJ II u II u 11 u II U n u II u n u (I LJ n LJ n u II LJ (I G n LJ II LJ 11 LJ (I L.J n L.J n LJ 181ST ACTIVE PARK APRIL 10, 20057-22-05 or desiqnated portion thereof. Such payment shall be adiusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents." After the last sentence in the Paraqraph 14.04.8, insert the followinq: .; "Final payment, constitutinq the entire unpaid balance of the Contract Price, shall be made by the Owner to the Contractor when the Contractor has fully performed the Contract except for Contractor's responsibility to correct Work as provided in Paraqraphs 13.06 and 13.07, and to satisfy other requirements. if any, which extend beyond final payment and after the Enqineer sends written notice to Owner that the Work is acceptable and in accordance with Paraqraphs 14.07.8 and 14.07.C." Delete Paragraph 14.07.A.2 and 14.07.A.3 insert the followinq: "The final Application for Payment shall be accompanied (except as previously delivered) by: (1) an affidavit that payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or the Owner's property miqht be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise been satisfied. (2) a certificate evidencinq that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be canceled or allowed to be expired until at least 30 days' prior written notice has been qiven to the Owner. (3) a written statement that the Contractor knows of no substantial reason that the insurance will not be renewable to cover the period required by the Contract Documents, (4) consent of the surety, if any, to final payment, and (5) if required by the Owner, other data establishing payment or satisfaction of obliqations, such as receipts, releases, and waivers of liens, claims. security interests of encumbrances arisinq out of the Contract, to the extent and in such form as may be desiqnated by the Owner, (6) all documentation as required by the Contract Documents, and (7) acceptance by the Owner and qoverninq aqencies. If a Subcontractor refuses to furnish a release or waiver required by the Owner, the Owner may require that the Contractor furnish a bond or other collateral satisfactory to the Owner to indemnify the Owner aqainst such lien. If such lien remains unsatisfied after payments are made. the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharginq the lien, includinq all reasonable attorneys' fees and costs. The final payment will become due when the Contractor submits the information above to the Enqineer." ARTICLE 15. SUSPENSION OF WORK AND TERMINATION In the twentieth line of Paragraph 15.02.8., insert the following after the words...such excess...; II. .:. :-:-:-(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 00800-11 (I LJ n L.J I' LJ o LJ (I u n LJ n LJ 11 LJ (I LJ (I l.J II u n LJ (' LJ n LJ n u (I u (I LJ n LJ 11 LJ 181ST ACTIVE PARK APRIL 10, 20057-22-05 ARTICLE 16 - DISPUTE RESOLUTION Delete this Article in its entirety. ARTICLE 17 - MISCELLANEOUS Add 17.05.8: "The venue for any cause of action shall be Miami-Dade County." After Article 17 add the followinq article: ARTICLE 18 - OWNER-PROVIDED MATERIALS The Contractor and Owner desire to enter into an arranqement whereby certain purchases under the Contract may be made by the Owner as a result of Owner's status of beinq exempt from sales and use tax. 1. Notwithstandino anythinq in the Contract to the contrary. the Owner shall directly purchase all materials and equipment identified in the Contract Documents as required for incorporation into the Proiect ("Owner-Provided Materials"). The Owner does hereby orant to the Contractor the full authority as an aoent of the Owner to prepare, place and execute Purchase Orders for and in the name of the Owner for all Owner-Provided Materials. The Contractor as aqent of the Owner shall sion such Purchase Orders. 2. The Owner will be liable for the timely payment for all Owner-Provided Materials. The Contractor will submit requisitions for orders of Owner-Provided Materials to the Owner for approval when required. Vendors will render statements ("OPM Invoices") to the Owner for any Owner-Provided Materials purchased. The Owner will provide copies of all OPM Invoices to the Contractor upon approval by the Owner. After reviewino the OPM Invoices, the Contractor will return these OPM Invoices with proper back up to the Owner for payment. The Owner shall make payment directly to the respective vendors as provided in the OPM Invoices. The Owner will send such vendor payments alono with Contractor payment to the Contractor who will, as Owner's aoent. distribute such vendor payments to the respective vendors in return for Releases of Lien. The Owner will provide Contractor with any tax exemption certificates or other documents required or useful to provide to the vendors of Owner-Provided Materials to evidence the tax-exempt status of the Owner. 3. The Contract Price and shall be reduced by the sum of all Costs of the Work paid by the Owner for Owner-Provided Materials plus any applicable sales and use tax amounts initially included in the Contract Sum and GMP for such Owner-Provided Materials. 4. The Contractor shall maintain separate accountino records for all transactions carried out under the authority of this Aqreement. Such records shall be open to the Owner durino normal business hours of the Contractor. SUPPLEMENTARY CONDITIONS 00800-12 n LJ n u r> LJ II LJ n u n LJ n LJ fI u r L.J n LJ n u l' u (I LJ n LJ fl LJ n u n LJ n LJ n u 181ST ACTIVE PARK APRil 10, 20057-22-05 5. The Contractor shall select. obtain aoorovals. submit sam Dies. orice shoo drawings. pursue. receive, inspect. and accept or reiect all Owner-Provided Materials purchased in the manner described herein per the Contract. The Contractor shall remain responsible for the prooer installation of all Owner-Provided Materials and will continue to warrant its installation of these Owner-Provided Materials as provided in the Contract. This Aqreement will not be an acceptable excuse for delay to the construction schedule. 6. The authority qranted the Contractor hereunder may be revoked by the Owner at any time upon written notice delivered to the Contractor at its offices at:....,.." t:J~ .PD, ~t!lO e/ (!/ie.. durinq normal business hours. ~f7'IJ,;:c-. 38~'51 7. The Owner aqrees that the Contractor's Fee as set forth in the Contract shall not be reduced as a result of any Owner-Provided Materials deduct chanqe orders: i.e., the Contractor's Fee shall continue to apply to the total sum of all remaininq Costs of the Work plus the costs of all Owner-Provided Materials and plus the applicable tax amounts. Likewise. all aqreed charqinq rates based on the Contract Price. including without limitation for bonds and insurance, shall continue to be charqed based on the total sum of the Contract Price amount plus the costs of all Owner-Provided Materials and plus the applicable tax amounts." END OF DOCUMENT SUPPLEMENTARY CONDITIONS 00800-13 n u n l.J r> LJ (\ LJ r> u n u n LJ (l u (I LJ n u n LJ n LJ \I LJ n LJ n LJ I' LJ n L---, n Li r> u 181ST ACTIVE PARK APRIL 10, 20057-22-05 IN WITNESS WHEREOF, the parties hereto have made and executed this First Amended Supplemental Conditions 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 .J:S::: day of ~G.vGr ,7~ and CONTRACTOR authorized to execute same. ~ q~beL. ATTEST: d,~A~ Jane Hines, City Clerk Approved as to form and legality by By: Office of the Cit A Y AT EST: -.4ne,1Ao... ~ <.;......Je.1'\D- ~I J 0.... ?e:.s-tonc:... " [CORPORATE SEAL] +;;;:;f~~=p 4~ 0a~/ ~ ~~311 I S+t\ day of ~lJ.s.-r ,2005 CITY OF SUNNY ISLES BEACH, through its City Commission ~ day of ~~ 19-<<2-,2005 ~~ Christopher:.l. Russo, City Manager ~~ay of ~b~2005 License No. ~ -ObCJ 91-~ Agent for service of process (If CONTRACTOR is a corporation, attached evidence of authority to sign). (CITY SEAL) SUPPLEMENTARY CONDITIONS THIS PAGE LEFT INTENTIONALLY BLANK. 00800-14 (, ~ n LJ n L-! n L-! (l u n LJ (\ LJ r LJ i~l LJ n LJ " LJ n ~ () I LJ " L-.J n LJ \I u n LJ n u n LJ 181ST ACnVE PARK APRIL 10, 2005 SECTION 00900 Addendum No.1 19. Contract documents CITY OF SUNNY ISLES BEACH 181 ST DRIVE ACTIVE PARK 18115 NORTH BAY ROAD MLA PROJECT NO.: 114122 CITY BID NO.: 05-04-01 To All Bidders: Bidders for the above-referenced project shall take note of the following changes, additions, deletions, clarifications, etc. to the Plans and Specifications, which in accordance with the Contract Documents shall become a part of and have precedence over anything shown or described otherwise. All other documents, specifications, drawings, terms and conditions remain the same. Bidders must acknowledge receipt of Addendum on Page 00300-3. END OF SECTION ADDENDA 900-1 181ST ACTIVE PARK ADDENDA THIS PAGE LEFT INTENTIONALLY BLANK. Ii u APRIL 10, 2005 Ii u " w n LJ n u n u II u r', LJ " LJ <' LJ (I LJ <' LJ 11 LJ <'. LJ Ii LJ n LJ f' LJ r, 900-2 u II LJ II ~ n LJ n LJ (' Li n LJ n REPORT OF GEOTECHNICAL EXPLORA nON PROPOSED GYMNASIUM AT 2-ACRE PARK 181ST DRIVE AND NORTH BAY ,ROAD SUNNY ISLES BEACH, FLORIDA FOR n u LJ n LJ L-' MILLER LEGG AND ASSOCIATES 1800 NORTH DOUGLAS ROAD SUITE 200 PEMBROKE PINES, FLORIDA 33024 PREPARED BY r\ n u " LJ NUTTING ENGINEERS OF FLORIDA, INC. 1310 NEPfUNE DRIVE BOYNTON BEACH, FLORIDA 33426 n LJ n ORDER NO: 10336.78 LJ JUNE 2004 n Li n LJ n LJ II Geotechnical & Construction Materials Hydrogeology & Monitoring Wells Engineering · Inspection · Testing n Li 1310 NEPTUNE DRIVE e BOYNTON BEACH, FL 33426 (]8175WEST32NIAVENUeeSUITE2eHIALEAH, FL33018 (561) 736-4900. (954) 941-8700. (3)5) 824-Q]60. Fax (581) 7SMW15. (954) 93N9OO (305) 557-3083 . FAX (305) 824.8827 n u G-eote~n-mcal & Construction Materials Engineering & Testing · Inspection Environmental Services n ( LJ (I LJ n Li n LJ n u Ii LJ 11 LJ () LJ n u n u n u (l LJ r' L.J n u n LJ n LJ n u Offices throughout the state of Florida www.nuttingengineers.com.infoOnuttingengineers.com June 16,2004 Mr. George Puig, RLA Miller I..egg and Associates, Inc. 1800 North Douglas Road, Suite 200 Pembroke Pines, Florida 33024 Phone: 954-436-7000 Fax: 954-436-8664 Subject: Report of Geotechnical Exploration Proposed Gymnasium at 2-Acre Park 181st Drive and North Bay Road Sunny Isles Beach, Florida Dear Mr. Puig: Nutting Engineers of Florida, Inc. has perfonned a geotechnical exploration for the proposed gymnasium to be located at the subject site in Sunny Isles Beach, Florida. The purpose of this exploration was to obtain infonnation relative to the subsurface soil conditions in order to provide site preparation and foundation design recommendations for support of the proposed construction. This report presents our findings and recommendations. PROJECT INFORMATION We understand that plans include the construction of a new gymnasium at the 2-acre park. Based on plans provided to our office, the gym will cover a footprint area of approximately 10,000 to 12,000 square feet. Presently the location of the gym consists of a parking lot and grass areas. At this time it is not known whether the gymnasium will be constructed of concrete block or tilt wall construction. Based on existing site elevations we anticipate that approximately one foot of fill will be required to achieve finish floor elevations. n 1310 NEPTUNE DRIVE. BOYNTON BEACH, FLOJIIDA 33421. (111) 738-4100. Fa. (111) 737-817$ LJ Brown (954) 941-8100. Hlllaborough (813) 888-8800. Miami-Dade (305) 824-0060 ,n -LJ n LJ .n u n u n u n u n u Ii u ,n u n U (l u n w (I LJ (I u n u II u n u Ii GENERAL SUBSURFACE CONDITIONS Subsurface Soil Exploration The exploration of subsurface conditions included review of the United States Soil Conservation Soils Maps and two test borings performed on June 11, 2004. The subsurface exploration addressed foundation requirements and other geotechnical considerations for the proposed construction. Two Standard Penetration Test borings (ASTM 0-1586) werepelformed to depths of forty feet below existing grade. The test borings were pelformed at the location established by the geotechnical engineer. The test borings were located in the field using approximate methods; namely, a measuring wheel and available surface controls. The driJl technician maintained a field boring report. which indicates depth of each stratum, material type, blow counts, groundwater levels and other pertinent information. All samples were inspected in our laboratory and final test boring reports prepared. A copy of this report is included in the appendix. SoU Survey Maps As indicated in the Miami-Dade County Soil Survey Map the series under exploration is the Perrine marl. peat substratum phase. This series consists of nearly level very poorly drained. marl and peat soils overlying limestone. The areas were formerly organic marshes and swamps that were filled for urban use. This soil type is generally located in places along the Intracoastal Waterway. Typically the soils consist of silt and peat in the upper 24 to 60 inches underlain by limestone. We note that the maximum depth of the surveys were typically limited to a depth of approximately six feet. Test Boring Results The test borings generally revealed a surface layer of grass and topsoil underlain by medium dense to loose sand and shell to an approximate depth of four feet below grade. From four to nine feet, soft dark brown fibrous peat was encountered which was underlain by loose to medium dense sand to a depth of fourteen feet. From fourteen to thirty-six feet medium hard to very hard limestone with some sand lenses was encountered, that was underlain by medium dense to loose tan sand to a depth of forty feet, the maximum depth explored. u ~NUTTING ~~ ENGI~~;'~A~NC. ESTABLISHED 1817 3 n -L-; n u n LJ n u n u () LJ Laboratory Testing and Analysis A representative soil sample was collected during the fieldwork and returned to the laboratory for testing. Specifically, one natural water content and one organic content test were performed on the dark brown fibrous peat and sand material encountered in boring B-1 from approximately four to nine feet. The natural water content was determined to be 144 percent. This indicates that the soils are highly compressible. The organic content test revealed approximately 58 percent of the soil is made up of organic material. This indicates that over one half of the material will naturally breakdown and decay over time. In general, fill placed beneath buildings and roadways should not have more than three to five percent organic material. Groundwater n LJ The groundwater level was measured at the boring locations at the time of drilJing. The groundwater level was encountered at an approximate depth of four feet below the existing n ground surface. Fluctuation in the observed groundwater levels should be expected due to tidal L.J influences, seasonal climatic changes, construction activity, and other site-specific factors. L-i (\ ANALYSIS AND RECOMMENDA nONS n LJ n LJ n LJ f1 LJ n u n LJ r LJ n LJ The borings performed for this project revealed that a stratum of compressible, organic soils exist at this site at depths ranging from four feet to nine feet below the ground surface. Based on these conditions, the use of conventional shallow footings over the existing soil profile would result in excessive total and differential settlements of the proposed structure. Demucking was considered; however, based on the depth and thickness of the organic material, this was determined not to be economically feasible. Therefore, we recommend that the proposed gymnasium and other structures be supported on a deep pile foundation system. Once plans are more finalized for the proposed construction, we should review the plans to determine whether additional details or changes to our recommendations are warranted. Two types of pile foundations are typically used in this area; driven, precast concrete piles and augercast (cast-in-place) piles. Due to the vibrations transmitted during the installation of driven piles, we recommend that an augercast pile foundation system be used to support the proposed structure. If vibrations are considered tolerable, driven, precast concrete pile design criteria can be provided. We anticipate that individual compressive pile capacities on the order of 40 tons will be needed to provide an efficient foundation system. n l.J @NUTTING C~ ENGI~~:~~NC. ESTABLISHED IlIS7 4 r\ -~ n u 11 u n u n LJ ('Sl u n u n LJ (l LJ n u r') u n u n L.J (I u n Augercast Pile Analysis The results of our analysis indicate that structural pile capacities on the order of 40 tons may be supported on 14-inch diameter augercast piles installed to tip depths ranging from 33 to 35 feet respectively below the existing ground surface. The actual depths should be expected to vary depending on the drilling conditions encountered during installation of these piles. Due to the soil conditions encountered at this site, we anticipate large grout takes in order to construct the cast-in-place piles. The floor slab and other site improvements should also be structurally supported on the pile foundation system. If capacities other than 40 tons are needed, we should be notified so that we may provide the capacity analysis based on revised loading information. The Florida Building Code (FBC) requires that any piles designed for greater than 40 tons should be load tested in order to verify the pile capacity. Therefore, a pile load test will not be required for this project as described in the FBC. AUGERCAST PILE CAPACITY TABLE Pile Depth Below All. Compr. All. Tension Minimum Diameter Exist. Ground Capacity Capacity Grout Strength (Inches) (Ft) (Tons) (Tons) (psi) (0.25 f ' c) 14 33-35 40 15 4000 Pile Observations We recommend that at least four production piles within the proposed residence be instaJled in the presence of the Nutting project geotechnical engineer. Final pile installation criteria will be provided at this time. It is important that the instaIJation of all piles be under the full time observation of a representative of Nutting Engineers. Pile Reinforcement We recommend that at a minimum, one full length #6 reinforcing steel bar utilizing centralizers be installed in each pile. Additional reinforcing may be required depending on the structural engineer's requirements. LJ We recommend that a structural engineer be retained to determine the spacing and locations of the piles, and discussions should be initiated between the owners, structural engineer, contractor, (\ and Nutting Engineers to provide detailed specifications for the foundation installation work. u n LJ (I ~NUTTING ,~ ENGI~~:~A~NC. ESTASUSHED 1987 5 /1 -'-.-1 II L.J (1 L.J II LJ II u n u n u Ii u (l L.J n u n u n GENERALINFO~TION OUf client for this geotechnical evaluation was: Mr. George Puig, RLA MiJler Legg and Associates, Inc. 1800 North Douglas Road, Suite 200 Pembroke Pines, Florida 33024 The contents of this report are for the exclusive use of the client, the client's design & construction team and governmental authorities for this specific project exclusively. Infonnation conveyed in this report shall not be used or relied upon by other parties or for other projects without the expressed written consent of NUTI1NG ENGINEERS OF FLORIDA, INC. This report discusses geotechnical considerations for this site based upon observed conditions and our understanding of proposed construction for foundation support. Environmental issues including (but not limited to), soil andlor groundwater contamination are beyond our scope of service for this project. Utilities should be designed to provide flexibility due settlement induced by filling the site. H a pool deck is to be placed, an alternate to placing a pool deck on a pile system would be to use pavers, with the understanding that future maintenance (regrading) will be required due to the consolidation settlement of the compressible soils. If conditions are encountered which are not consistent with the findings presented in this report, or if proposed construction is moved from the location investigated, this office shall be notified immediately so that the condition or change can be evaluated and appropriate action taken. L.J Excavations of five feet or more in depth should be sloped or shored in accordance with OSHA and State of Florida requirements. n LJ (I w n L.J (I u II L.J n ~NUTTING fie ENGI~~;~~NC. , ESTABLISHED 1.7 6 [1 ~ r> l.J We appreciate the opportunity to provide our continued services for you. Should you have any questions regarding this report or if you require additional engineering or testing services, please contact the undersigned at your convenience. (l LJ Sincerely, NUTT G ENGINEERS OF FLORIDA, INC. 'I [\ n LJ LJ n LJ rr Attachments: Boring Location Plan Test Boring Reports (1,2) Soil Classification Criteria Umitations of Liability u n LJ (l LJ n u n LJ Ii LJ n u n LJ n LJ REP MILLERLEGG SUNNY ISLES GYM CEO n LJ n LJ n ~NUTTING [~ ENGI~~~~S"", u ESTABUSHEO 1917 7 n -LJ-- - I I I' I... ~-1 :m h '... len :.... . '. ' . , ' : : 0- .' I . .. I " n I 'e u I ::11 II I- Ll ::< n 1m LJ I I II , u I 1 !l , u I I ~ I I q, n I u I r n I u I I I ... II I I ti u I q I . n I '. u , I I , , n I , --" LJ I I II I ..I! I ' . N . . ,':J U 1 q 81 I \1 I I u I ~ B-1 I I q n I u I I I n I ~., I u I J I I n r I I. I I u I I . I NUTTING ENGINEERS OF FLORIDA. INC. E.tabllahed 1..., u Geotechnical & Construction Materials Hydrogeology & Monitoring wen. Engln..rlng · Inspection · Testing TEST BORING REPORT n ~ 'eel Description of Materials n t-. Gray TOPSOIL - \ r-...... GnwSD.T ~ LJ Brown quartz fine SAND and shell fragments n u Brown fibrous PEAT *M.C.="'~.~ [I O.C,=S8.~ \ LJ Gray quartz fine SAND and shell fragments n LJ U. tan UMESTONE with silty sand LJ (l L; n LJ I' Tan and gl'llY LIMESTONE LJ Tan quartz fine SAND, some sheD frgamenta I L I, Tan LIMESTONE and sand o o . Penetration. N Value Blows 10 20 30 40 50 60 70 80 90 N Sampler Casing n , ~ 8 ~ 12 / '\I ~ 2 \ 3 8 q 7 '" 14 '" '> 40 /' / CJ:: .............. 7 ............. .............. ~ '-......~ 61 / n II It: Miller Legg & Associate. .~t Name: GymnaSium at 2 Acre Park 'oject Location: 181st DrIve and North Bay Road, Sunny Is'e. Beach, FL {i Location: Approx. 125' N. & 70' E. of the SW Property Comer ~r. D.Tyson evation Reference: Approx. @ Road Crown ~..J!lg:Dlameter: 300 OD BX Flush Couple I) pler:Diameter: 2" OD x 2' Split Spoon "oondwater depth: Immediate: ~ APlES WR.L BE DISCARDED IN 60 DAYS UNLESS INSTRUCTED OTHERWISE. n LJ n Order #: Hole#: 2/4 415 415 7/4 2/2 1/1 1/1 1/1 1/1 2/4 415 414 3/3 415 14/1 7/10 817 33/31 10/4 3/2 17/21 40/44 10336.78 210f2 Date Started: 6/11/04 Date Completed: 6/11/04 _ Hammer WT: 280# Fall: 2401 Hammer WT: 140# Fall: 3000 LJ 1310 Neptune Drive, Boynton Beach, Florida 33426 Boynton Beach (561) 736-4900. Pompano Beach (954) 941-8700. FAX (561) 737.9975 (l u NUTTING ENGINEERS OF FLORIDA, INC. &tIIbUllllcl t..7 Geotechnical & Construction Materials Hydrogeology & Monitoring Wells Engineering -Inspection - Testing u ri TEST BORING REPORT uth Feet DesalptJon of Materials [1 Tan UMESTONE anclsand o . Penetration - N Value Blows 10 20 30 40 50 60 70 80 90 N Sampler Casing ~ Tan quartz fine SAND /./" ~ V"""" e/ 9 II 6/4 513 w Test BorIng terminates @40 feet. II LJ II u n u [l l.J n LJ II LJ n u n u n :1 nt: Miller Legg & Associates Meet Name: Gymnasium at 2 Acre Park roject Location: 181M Drive and North Bay Road, Sunny Isles Beach. FL IC) Location: Approx.125' N. & 70' E. of the SW Property Comer (Jr: D. Tyson levation Reference: Approx. @ Road Crown f""ing:Dlameter: 3" 00 BX Flush Couple E lpler:Dlameter: 2" 00 x 2' Split Spoon h,iindwater depth:lmmediate: 4' MPlES WILL BE DISCARDED IN 80 DAYS UNLESS INSTRUCTED OTHERWISE. n Order #: 10336.78 Hole #: 2 20f2 Date Started: 6111/04 Date Completed: 6111/04 Hammer WT: 280# Fall: 2401 Hammer WT: 140# Fall: 30" LJ by: n LJ 1310 Neptune Drive, Boynton Beach, Florida 33428 Boynton Beach (581) 736-4900' Pompano Beach (954) 941-8700 - FAX (581) 737-9975 i' LJ NUTTING ENGINEERS OF FLORIDA. INC. Eltablllhld 11&7 LJ Geotechnical & Construction Materials Hydrogeology & Monitoring Welle Engineering · Inspection · Te.tlng TEST BORING REPORT n LYth Feet !' L! Description of Materials 3 n t TOPSOIL - Brown quartz SAND, some shell fragments Gray quartz fine SAND, some shell fragments Brown fibrous PEAT Gray quartz fine SAND and shell fragments Lt. tan quartz fine silty SAND and limestone fragments Lt. tan LIMESTONE, some fine sand Gray SANDSTONE, gray sand and shell fragments Hard gray LIMESTONE u n I u n u 13 n u 17 (I LA n LJ n LJ r---, LJ n LJ n Blows 90 N Sampler Casing 1/2 3/5 413 313 1/1 1/1 1/0 1/0 1/4 718 4/4 5/5 o . Penetration. N Value 10 20 30 40 50 60 70 80 G 5 !) 8 I , '" 1 P 11 q 9 \ 12 \ \ 27 ~ ~ 47 41 I \ > 58 416 6J8 30/19 8" I I I I I I I I 8/8 L ~I' 50/3" ~ 10336.78 1 10f2 Order #: Hole#: 1119 38/16 7/10 31/27 Date Started: 6/11/04 Date Completed: 6/11/04 Hammer WT: 280# Fall: 2400 Hammer WT: 140# Fall: 3000 1310 Neptune Drive, Boynton Seach, Florida 33426 Boynton Beach (561) 736-4900' Pompano Beach (954) 941-8700. FAX (561) 737-9975 LJ 4 n :(int: Miller Legg & Associates '~ect Name: Gymnasium at 2 Acre Park 'roject Location: 181st Drive and North Bay Road, Sunny Isles Beach, FL Ij' Location: Approx. 20' N. and 20' E. of the SW Property Corner ILPr: O. Tyson levation Reference: Approx. CI Road Crown :r<iing:Diameter: 300 00 BX Flush Couple llpler:Diameter: 200 00 x 2' Split Spoon ,t-Jindwater depth:lmmediate: 4.4' iMPLES WILL 8E DISCARDED IN 80 DAYS UNLESS INSTRUCTED OTHERWISE. n LJ (I u NUTTING ENGINEERS OF FLORIDA, INC. EatablllhM 1111' Geotechnical & Construction Materials Hydrogeology & Monitoring Wells Engineering · Inspection · Testing . Penetration - N Value Blows 10 20 30 40 50 60 70 80 90 N Sampler Casing II-I 11/14 i 12/9 I ! LJ n TEST BORING REPORT :Jth :eet Desaiptlon of Materials ~I Hard LIMESTONE Tan quartz fine SAND o v V cY 26 LJ n tv T..t Boring terminates @ 40 feet. " u n LJ n u (l u II LJ n LJ n L; n LJ n :1 nt: Miller Legg & Associates ruject Name: Gymnasium at 2 Acre Park roject location: 181st Drive and North Bay Road, Sunny Isles Beach, FL o location: Approx. 20' N. and 20' E. of the SW Property Comer rL,9r: D. Tyson levation Reference: Approx. @ Road Crown rlng:Diameter: 300 00 BX Flush Couple E Ipler:Diameter: 200 00 x 2' Split Spoon ~obndwater depth:lmmediate: 4.4' MPLES Will 8E DISCARDED IN 60 DAYS UNLESS INSTRUCTED OTHERWISE. II Order #: 10336.78 Hole #: 1 20f2 Date Started: 6111/04 Date Completed: 6/11/04 Hammer WT: 280# Fall: 24" Hammer WT: 140# Fall: 30" LJ by: n LJ 1310 Neptune Drive, Boynton Beach, Florida 33428 Boynton Beach (561) 736-4900. Pompano Beach (954) 941-8700 ' FAX (581) 737-9975 n LJ c@ NUT11NG ENGINEERS SOIL CLASSIFICAnON CRITERIA DElCRP1'IOlf OF COMPONENT PROPORnONS PRo:.lION8 DE8CRIP11ON 0.5 SIIghIy rr8ce 1-10 TraOl 11-20 LItIIt 21-35 Some 38-50 And ,--, \,--1 rl, t t RELATIVE QUALITY OF ROCKI QD · RQ DEIc~nON 8-25 Very Poor 2s.ao Poor 50-75 F8i 75-10 Good 80-100 EIlcellent PARneLE llZE DIS1RI8UT1ON MATERIAL 1YPE Boulder CabbIe Gravel . Sn (Coanse) Sand (MedIum CoarIe) SInd (FIne) 811 PAR 81ZE >12Inche. 31nche. . 121nche1 ".75 mm - 3lnchea 2.00 RIm - 4.75 mm 0.421 nun - 2.00 mm 0.075 mm - 0.425 mm 0.005 mm - 0.075 mm <0.005 mm FINE-GAAINEO SOILS (50~ Of mea of ma.rtlllI amaIlIf .... No. 200 .Ieft au.) ............"" 1M __, IIIClt ML ~ ..,cI.,.,..... or..,., ... MIl ..... ........ ~... ...lrMea ......1IIIl a. ~ flIMIf.,............ -.,.. ...... . OL 0rpnI0.... ........ a_ _... low pia"" MA1ER1AL TYPE UNDRAINED 8H STRENGTH COHE81ONLE8S IOU (lANDS) -.-J C! <0.25 0.25-0.5 0.51-1.00 1.01-2.00 2.01....00 >4.00 LJ COHESIVE SOilS (11LnI & CLAYS) n LJ n ROCK LJ II UNIFIED SOIL ClASSIFICATION SYSTEM U ! , '. ~. we n IILII AND CLAl'8 UquId ... .... .. 1ft L.i GRAVELl .... ....IK ,,- ..... larger lien Na. 4 ~.. 8_....... ............. ........ GC a.)'fY...... .......... ., ......... . (1 LJ f\ LJ ILII . AND ClAYI ~hIt .... or...... (l WI ......... ....1IMI1... ... no..... . ~............._.... .. ....... u lAND. _.... rrf_ ..... ..... .... ...... IIIn ... 1M ..,.............. n LJ Ie -a.,., ...... .................. n CHARACTERllnC8 RELATIVE DENSITY CONSISTENCY HARDNESS DE8CRlP'nON Vert . Laaae MedJum Den.. Dlnae Very Denae Refuall V., 80ft 80ft firm SlUr Very SUfJ Hlud Very 8 Soft Medium HIrd ModelWI)' Hard Hard V. Hard 1naIpnIo.... nalll.a.. or ...J1I.a........... or _..., .... alia ....... ofNgII~, III ... . 0rIInID. d....... to high -- ......... . . p. ....orw-..ijh\i a;g.",c iciIi . .. ... .. ..-. - . ..___.... _... .0.... .. .. -L-: NaIr. ~l". ...", ClI8)wror Il/IIIIiv .. [\ .... .., or.., · ReI). (1'-....11 p/IaeI > 4' _, ClMVIh d.. run) x,an L.i · I..,.,., ......011 T_ (IPT).....1e deItned . .. numblr cI btowI cia t40 ~ ......., falng "'-'Y hough . height of 3lI Indln,...... II>> dM.1tandanS lilt......... '2 her. clln.lIlnllh drf\ll (ASTM OtAl) 'l LmoTATIONSOPLUB~ITV "L.J. n WARRANTY LABORATORY AND FIELD TESTS LJ We warrant that the services perfonned by Nutting Engineers of Florida, Inc. are conducted in a manner consistent with that level of care and skill ordinariJy exercised by members of the profession currently practicing under similar conditions. No otlt" warrtJlltla, uprusfd Dr lmplld, 1ft "",de. While the services of Nutting Engineers of Florida, Inc. are a valuable and integral part of the design and construction teams, we do not wamnt, guarantee or. insure the quality or completeness of services provided by other members of those teams, the quality, Completeness. or satisfactol)' perfonnance of constI"Uction pJIDS and specifications which we have not prepared, nor the ultimate performance of building site materials. n LJ n LJ. n LJ n u 11 SUBSURFACE EXPLORATION u Subsurface exploration is normally accomplished by test boring; test pits are sometimes employed. The client may realize benefits through the excavation of test pits and other fonns of evaluation whether such work has been explicitly recommended or not in Nutting Engineer's report. Such methods may be more likely to identify buried debris than . small diameter discreet soil borings if exploration in the area of such debris is performed. The. method of detennining the boring location and the surface elevation at the boring is noted in the report This information is represented OD a drawing or on the boring log. The location and elevation of the boring should be considered accurate only to the degree inhem1t with the method used. n u n LJ II LJ II LJ II The soil boring log includes sampling infonnation. description of the materials recovered, approximate depths of boundaries between soil and rock strata and groundwater data. The log represents conditions specifically at the location and time the boring was made. The boundaries betWeen different soU strata are indicated at specific depths; however, these depths are in fact approximate and dependent upon the frequency of sampling. The transition between soU strata is often gradual. Also, the N-values may not represent the actual hardness of rock fonnations due to numerous solution holes within the formation. If formation hardness is of critical concem for proposed site activities such as exeavation. supplemental evaluation through the performance of test pits andlor profile piling would be prudent, as appropriate. Water level readings are made at the times and under conditions stated on the boring logs. Water levels change with time, precipitation, canal levels, local weJJ drawdown and other factors. The borings must be interpreted by a Professional Engineer familiar with local soU conditions. LJ n LJ II LJ n l.J n u n LJ n LJ n! 10. N!-!!!I_NG _ _ Tests are performed in accordance with specific ASTM Standards unless otherwise indicated. All criteriJ included in a given ASTM Standard are not always required and performed. Bach test report indicates the measurements and determinations actually made. ANALYSIS AND RECOMMENDATIONS The geotechnical report is prepared primarily to aid in t design of site work and structural foundations. Although t: infonnation in the report is expected to be sufficient for the purposes, it is not intended to detennine 1be cost ' construction or to s1Bnd alone as a CODStruction specification. Report recommendations are based primarily on data from te . borings made at the locations shown on' the test boring report SoU variations may exist between borings and may n. become evident until construction. If variations are the noted, the geoteclmica1 engineer should be contacted so tIu field conditions can be examined and recommendatior. revised ifnecessary. The geotechnical report states our understanding as to the location, dimensions' and structural features proposed for the site. An, s16nV'clI1It CIIIUl6D In tlrt! nfltlln, design, or IoctlJlJln 01 tlttt IIIIt Impl'tlvemttlll6 IlUlSt be collllftllnicGted to tlte 6ltotltclrnlctU Itnlbtlter so that the geotechnical analysis, conclusions, and recommendations can be appropriately adjusted. CONSTRUCTION OBSERVATION Construction observation and testing is an important element of geotechnical services. The geotechnical engineer's field representative (G.E.F.R.) is the "owner's representative" observing the work of the contractor, perfonning tests and reporting data from such tests and observations. ne leoteclllllClI1 enllnlter's field rqrUltntfltlvtt dou not ITultct thtt contractor's constl'llt:tlon mltlllU, 1MIhot!s, opltrlltlou or personneL The a.B.F.R. does not interfere with the relationship between the owner and the contractor and, except as an observer, does not become. substitute owner on site. The G.E.F.R-is responsible for hislber safety, but has DO responsibiUty for the safety of other personnel at the site. The Q,B.F.R. is an important member of a team whose responsiblJity is to observe and test the work being done and report to the owner whether that work is being carried out in general confonnance with 'the plans and specifications. 11 -LJ 11 ~ II LJ II u II REPORT of GEOTECHNICAL INVESTIGATION for SUNNY ISLES ACTIVE PARK LJ II u 11 u n u Prepared for: n LJ Mr. George E. Puig, R.L.A. Miller Legg & Associates, Inc. 1800 North Douglas Road - Suite 200 Pembroke Pines, FL 33024 n ( u n u 11 u n Prepared by: George P. Ballock, P.E. LJ II L-J II L-J January 23, 2002 II LJ 11 LJ ~. .GV ; Geo Verse, Inc. " / Innovative Engineering Solutions -- 555 Sawgrass Corporate Parkway. Sunrise. FL 33325 Phone (954) 835-9055 - FAX (954) 835-9044 .n LJ n u 11 -LJ 11 (U-' 11 LJ 11 LJ " LJ " LJ n LJ n u n LJ "(I -LJ 11 L-J n LJ n LJ rro, LJ II LJ II LJ " LJ 11 LJ II LJ Geo Verse, Ine.. Innovative Engineering Solutions January 23, 2002 Mr. George E. Puig, R.L.A. Miller Legg & Associates, Inc. 1800 North Douglas Road - Suite 200 Pembroke Pines, FL 33024 RE: Report of Geotechnical Investigation SunDy Isles Active Park Northeast Comer of North Bay Road and 181 It Drive Sunny Isles, Florida GeoVerse Project No. 210394 Dear Mr. Puig: " As requested, Goo Verse, Inc. has completed the geotechnical investigation for the evaluation of the subsurface conditions at the proposed Sunny Isles Aetive Park. The project site is located on the east side of North Bay Road between 181 It Drive and 182nd Drive in Sunny Isles, Florida. The proposed construction consists of a single story recreation building (3,000 to 4,000 SF), multi- purpose court, tot lot, little league baseball field and miscellaneous walkways. The scope of this investigation included an evaluation of the existing subsurface conditions with respect to the proposed construction, an engineering analysis, and report. A summary of the findings of our investigation, along with the results of our analysis and recommendations for construction, are presented in the following report. Reid Investigation The field investigation consisted of the performance of six (6) Standard Penetration Test (SPT) borings and one Dade County Exfiltration Test (15 feet deep). Four of the Standard Penetration Test borings were advanced to a depth of 10 feet below ground surface while the remaining two borings, located at the site of the recreation building, were advanced to a depth of 40 feet below ground surface. The borings were performed at locations supplied by the client. The approximate boring locations are graphically depicted on the attached Boring Location Plan. The Standard Penetration Test provides disturbed samples of the subsurface soils and allows for the determination 0 f t he relative density 0 f t he subsurface soils. The samples are obtained by driving a 2 feet long, 2 inch inside diameter, split-barrel sampler with a 140-pound hammer, which is dropped repeatedly from a height of 30 inches. The number of blows required to drive the sampler each six inch increment is recorded and the sum of the blow counts for the second and third six inch intervals defines the Standard Penetration resistance (N) of the material. S55 Sawgrass Corporate Parkway. Sunrise, Florida 33325 . (954) 835-9055 . FAX (954) 835-9044 Based on the field investigation, the general subsurface soil profile was found to consist of clean sand, organic sand, silty sand and silt to a depth of 5 to 6 feet below ground surface, where a. layer of dark brown peat was encountered. The peat typically extended to a depth of 7 to 8 feet.. In boring B-5 the peat was only encountered from depths of 5.7 to 6.0 feet below the ground surface. Below the peat we encountered sand and silty sand that extended to the bottom of the shallow borings at 10 feet below grade. In boring B-5 silty sand and silt continued from the bottom of the peat to a depth of 16 feet below ground surface where a weathered limestone layer was encountered that extended to the bottom of the boring at 40 feet below ground surface. In boring B-6 the peat was underlain by sand and silty sand that extended to a depth of 14.5 feet where a second layer of peat was encountered that extended to a depth of 16 feet below ground surface. At 16 feet we again encountered a weathered limestone layer that extended to the bottom of the boring at 40 feet. Detailed information pertaining to the borings is included in the Standard Penetration Test boring records within the appendix. A Dade County Exfiltration Test was also performed as part of the field investigation to determine subsurface drainage conditions. The test indicated a hydraulic conductivity value of 1.22 x 10-4 CFS/SEC-FT HEAD. It should be noted that the upper 5 feet of soil at the site was extremely variable and that a 4 feet thick layer of peat was encountered at a depth of 5 feet at the ex filtration test location. Below the peat, grey sand with shell was encountered. At other locations on the site we encountered silt and silty sand in this same depth range (9 to 15 feet below ground surface), which could result in significantly lower hydraulic conductivity. It appears from the subsurface investigation that reliable drainage conditions can be found in the limestone layer that begins 16 feet below grade. The groundwater table was encountered at depths ranging from 3.5 feet to 5.0 feet below the existing ground surface at the time of the borings. Fluctuations in the groundwater table can be expected due to changes in ground surface elevation, seasonal rainfall, surface runoff, construction operations, and other site-specific occurrences. Please note that the subsurface conditions may vary outside ofthe boring locations. In the event subsurface conditions other than those presented in this report are encountered during construction, please contact our office so that our evaluation may be reviewed. Engineering Evaluation Once the samples obtained in the field investigation were returned to the laboratory, a geotechnical engineer visually classified the samples. Based on our visual classification, the site subsurface soils may be classified as SP (poorly graded sand), OP (poorly graded gravel), SP-SM (silty sand), ML (low plasticity silt) and PT (peat). The relative density ofthe soils encountered above the limestone was very loose in all of the borings except B-1 with Standard Penetration "N" values ranging from 1 to 3 blows per foot. In boring B-1 the relative density of the soil above the limestone was loose with Standard Penetration ''N' values of 7 blows per foot. The relative density of the limestone layer that was encountered below 16 feet depth was typically medium dense with some areas that were loose or very dense. This variation of relative density within the 1 imestone layer is common in weathered 1 imestone formations. The variations are 555 Sawgrass Corporate Parkway' Sunrise, Florida 33325. (954) 835-9055' FAX (954) 835-9044 n LJ n (u~ n LJ n u n u n u n LJ n LJ II u h u n LJ n u n L-J II LJ n u n LJ n ~. n ~~ LJ " -LJ----~ n ~-. caused when the small diameter sampler encounters s mall voids, 0 r s and filled voids. When n larger excavations are perfonned the limestone will be found to be quite unifonn. u n LJ n u II u 11 LJ 11 LJ II L-J (" \~-1 II u n u II L-J II L-J n L-J " LJ " LJ / ." L-J II L-J RECREATION BUILDING The site subsurface soil conditions are not suitable for support of the proposed recreation building on shallow foundations. The proposed structure can however be safely supported on deep foundations. The most suitable deep foundation for the soil profile that exists on site is an auger cast pile foundation. Driven piles may have difficulty penetrating the limestone support layer and could induce damaging vibrations to adjacent structures. Pile lengths between 20 and 30 feet and pile di~eters between 14 and 16 inches were evaluated. During the analysis any compression capacity generated in the upper 16 feet of the soil profile was ignored due to the peat and other compressible soils that were encountered. The upper soils were considered in the calculation of tensile capacity. Piling capacity was calculated for each of the 2 deep borings. Allowable Compression Capacity and Allowable Tensile Capacity are presented graphically in Figures 1 and 2 below for 14 and 16-inch diameter auger cast piles. It should be noted that the tensile capacity is low relative to the compression capacity. This is due to the very loose soils encountered above the limestone layer and the fact that the xrl.ajority of the compression capacity is due to end bearing in the limestone layer. Vibratory rolling of the ground surface prior to piling installation can significantly increase tensile capacity. The piling analysis that was perfonned revealed an optimum piling length of 24 feet. This depth takes advantage of a hard zone encountered within t he I imestone at that depth. Longer pile lengths result in lower end bearing capacity and therefore lower compression capacity. For design purposes compression capacities of 36 tons and 44 tons are recommended for 14 and 16-inch auger cast piles installed to depths of 24 feet below the existing ground surface. This corresponds to a pile tip elevation of -20 feet We further recommend tensile capacity for design of 15 and 18 tons for 14 and 16-inch auger cast piles installed to depths of 24 feet below the existing ground surface. This value is based on the assumption that the ground surface will be rolled heavily prior to the installation of the piling. 555 Sawgrass Corporate Parkway. Sunrise, Florida 33325. (954) 835-9055. FAX (954) 835-9044 /~-'~ , I \ i ". ./ Pile Capacity (14 In. Round) 0.0 20 10.0 Capacity (Tons) 30.0 50.0 20.0 40.0 28 - - 11 I I -I'.: ~ , "r-.... ~ " , """" ~ 1\ " '- , "'\ \ \ I'\. \ , , ro... \. '\ ..... .., .. i 1\ \ / I \ \ \ / / i\. if - '\ I 7 '1/ I I I Ii I r .l. I 22 24 [ {26 . Q 30 32 ~B-5 Allowable Compression --.- 8-5 Allowable Tension - 8-6 Allowable Compression -a- B-6 Allowable Tension FIGURE 1. - 14-INCH DIAMETER AUGER CAST PILE CAPACITY VS DEPTH n LJ n -- LJ n LJ n 60.0 LJ n u n L-J n LJ n LJ n u 1/-- u n L.J n LJ n LJ n LJ n LJ n LJ n u n' u n u Pile Capacity (16 In. Round) 0.0 2 10.0 20.0 Capacity (Tons) 30.0 40.0 50.0 60.0 70.0 22 0 - - - I I : I r\ I f\. I 1'\ I : .'\ . , "- / I '\ : '\ -- I '""\ \. t 1\ 1\ .' r\ \ \ I \ \ ! J \ 1/ 1\ , I I II . .~. , ; I .. I \. , . I I \ { I - - 24 26 28 30 . B-5 Allowable Compression ... B-5 Allowable TensIon - B-6 Allowable Compression -e- B-6 Allowable Tension FIGURE 2. - 16-INCH DIAMETER AUGER CAST PILE CAPACITY VS DEPTH The following construction procedures should be untaken to provide adequate support to a building foundation. 1. Prior to the commencement of construction operations, remove any topsoil, vegetation, and debris from the existing ground surface within the proposed building pad plus a lateral distance of 5 feet. 2. Upon removal of the topsoil, vegetation, and debris, the ground surface within the building pad shall be compacted with a heavy vibratory roller to a minimum density of 98.0'percent of the ASTM 0-1557 (Modified Proctor) maximum dry density to ensure uniform support. 3. Any additional fill material required for building pad areas should be structural fill that is clean and granular with not more than 5 percent passing the No. 200 sieve. Maximum particle size for the structural fill shall be one half of the compacted lift thickness, and 3 inches in the upper 1 2 inches of pad fill. The structural fill shall be placed in lifts no greater than 12 inches thick prior to compaction. Structural fill shall be compacted to a minimum density equal to 95 percent of the ASTM 0-1557 (Modified Proctor) maximum dry density. 4. Density testing shall be performed on the original ground surface once compaction is performed and then on each lift of compacted fill. Density tests shall be performed at a rate of one per 2000 SF of building area. 5. Install auger cast piles in accordance with fmal structural plans and specifications. Piling installation must be monitored by GeoVerse, Inc. or another qualified geotechnical testing laboratory to verify depth of installation, steel placement, volume of concrete installed; compressive strength of concrete and rate of removal of the auger or tremmie pipe. Multi-Purpose Court The Multi-Purpose Court areas should be prepared in accordance with the following guidelines: 1. Thoroughly clear the court area and an additional 5 feet laterally of vegetation and organic materials prior to compaction. 2. Upon removal of the topsoil, vegetation, or debris, the ground surface within the court area shall be proof rolled with a heavy vibratory roller (CA-25 or equivalent) operating at maximum frequency and moving at walking speed. The proof rolling shall consist of a total 0 f2 0 complete coverages 0 f the court area in two perpendicular directions. The proof rolling shall be monitored by Geo Verse, Inc. or another qualified geotechnical testing laboratory. 3. Any additional fill material required for the court area should be structural fill that is clean and granular with not more than 5 percent passing the No. 200 sieve. Maximum particle size for the court fill shall be one half of the compacted lift thickness, and 3 inches in the upper 12 inches of pad fill. 555 Sawgrass Corporate Parkway' Sunrise, Florida 33325. (954) 835-9055. FAX (954) 835-9044 n LJ n tLJ n LJ n u n u n u n LJ n LJ n LJ n I LF n u n u n u n u n u n LJ n u n.- (~LJ \~~n u II -L..J (I -, ~ n 4. . The structural fill shall be placed in lifts no greater than 12 inches thick prior to compaction. Fill shall be compacted to a minimum density equal to 95 percent 0 f the ASTM D-1557 (Modified Proctor) maximum dry density. 5. Density testing shall be performed on the original ground surface once compaction is perfonned and then on each lift of compacted fill. Density tests shall be performed at a rate of one per 2500 SF of court area. (f LJ LJ (f LJ Baseball Field The baseball field area should be prepared in accordance with the following guidelines. n LJ 1. Clear the baseball field area and an additional 5 feet laterally of vegetation and organic materials prior to compaction. 2. Upon removal of the topsoil, vegetation, or debris, the ground surface within the baseball field area shall be lightly proof rolled with a vibratory roller moving at walking speed. The proof rolling shall consist of a total of 2 complete coverages of the baseball field area in two perpendicular directions. GeoVerse, Inc. or another qualified geotechnical testing laboratory shall monitor the proof rolling. 3. Any additional fill material required for the baseball field area should be structural fill that is clean and granular with not more than 5 percent passing the No. 200 sieve. Maximum particle size for the baseball field fill shall be 3 inches. The upper 12 inches of fill should consist of select silica sand that is free of carbonate material and meeting the following gradation requirements. U.S. Standard Sieve Size % Passing !Iz in. 1 00 No.4 .85-100 No. 40 50-85 No. 200 0-5 If the site is currently at or above finish grade for the baseball field a cut will be required to install a sand blanket in accordance with the above specifications. 4. Structural fill shall be placed in lifts no greater than 12 inches thick prior to compaction. Fill shall be compacted to a minimum density equal to 90 percent of the ASTM D-1557 (Modified Proctor) maximum dry density. The final lift of fill (select sand blanket) shall be compacted by static rolling. 5. Density testing shall be performed on the original ground surface once compaction is performed and then on each lift of compacted fill. Density tests shall be performed at a rate of one per 5000 SF of baseball field area. n LJ (I LJ (l LJ t::-- n ~ LJ n LJ n L) n LJ (l LJ n LJ Ii L..J (I u "(-) 555 Sawgrass Corporate Parkway. Sunrise, Florida 33325. (954) 835-9055. FAX (954) 835-9044 ~ u n L.J n LJ Tot Lots and Walkways The tot lot and walkways can be prepared in accordance with the above specifications for the Multi-Purpose Court with slight modification. Proof rolling of the tot lot and walkways is not required and stripping can be limited to the area of improvement plus an additional 1 foot laterally. n (u - n LJ n LJ Conclusions It appears that from a geotechnical perspective, the site is suitable for the proposed utilization with some special design and construction procedures being utilized. Support of structures will require the installation of deep foundations in the form of auger cast piles. Design of the site ex filtration system should incorporate a connection to a limestone layer that exists at a depth of 16 feet below the existing ground surface to provide reliable drainage of the site. There is a topsoil layer and some surface vegetation that will require stripping prior to construction of site improvements. n u n I LJ n LJ II We appreciate the opportunity to be of service on this project. If there are any questions, or we can be of any further assistance, please do not hesitate to contact our office. LJ n u Respectfully Submitted. Geo Verse, Inc. h ~'r4/~ LJ George P. Ballo\:k, P .E. President Florida Registration No. 34041 n LJ n LJ n u n u n u n u n ~ 555 Sawgrass Corporate Parkway. Sunrise, Florida 33325. (954) 835-9055. FAX (954) 835-9044 n ~~ u 11 -LJ n (u- (! LJ n u (! LJ 11 LJ n LJ APPENDIX n LJ (I LJ ~_.. n LJ n LJ n LJ n LJ n LJ n LJ n LJ n LJ ..,--, L., n L.J 11 I' (LJ~' I. n u n u n u n < LJ n < u n < U n u Tl ~LJ n LJ n u II < LJ n LJ f! L., S t) b ~ ~ ~,L.. ~ 'b 8-1 S 782nd DRIVE 8-2 ~ ... fX-l f) 781 sf DRIVE - INDICATES STANDARD PENETRATION TEST BORING LOCATION - INDICATES STANDARD DADE COUN7Y EXFlLTRATlON TEST LOCATION ~/~ _~!.ly Ceo~rse, Inc. "---- Innovative Engineering Solutions n L-J SUNNY ISLES ACTIVE PARK 8-4 S 1 ~ ~ .,. \ 8-6 S 8-J S 8-5 ~ Boring Location Plan City of Sunny Isles Beach Dade County Florida Drawing No. 210394.01 Date: 1/11/02 Prepared by: GPB Approved by: CPR n STANDARD PENETRATION TESY BORING RECORD PAGE 1 OF 1 n (LJ' r:" GeoVerse, Inc. ! . Innovative Engineering Solutions 555 Sawgrass Corporate parttway - Sunrise, FL 33325 (954) 835-9055 - FAX (954) 835-9044 PROJECT NO.: 210394 BORING NO.: B-1 DATE: January 18, 2002 n I I PROJECT NAME: I LOCATION: j CLIENT: I'DRILLER: LOGGED BY: ! START TIME: [TOTAL DEPTH: WEATHER u- SUMY Isles Park Site East of North Bay Road Between 181st Drive and 182nd Drive n , BORING LOCATION: 355 FT West and 95 FT South of the Northeast Property Comer u- REMARKS: Unknown ground surface elevation n ... - ~ I;: ~ UI u I 0 ci ~ ::) ~ III ~ ~ ~ z CD STANDARD PENETRATION TEST RESULTS ~ SOIL DESCRIPTION j - ;: i ! ~ rN" . BLOWS PER FT FROM 0 TO 1 COM ~ CI) w &l Ii: Q w ::) CI) Miller Legg & Associates, Inc. Johnny Wynn Eli FJeurima 9:20 AM FINISH TIME: 9:40 AM 10.0' WATER TABLE: 5.0 FT Partly Cloudy 72" RIG TYPE: METHOD OF DRILLING: SAMPLING METHODS: HAMMER wr JDROP: LOG CKECKED BY: Acker AD-II Hollow Auger 28 Split Spoon 140 lb., 30 in. George P. Ballock,P.E, Water level during drilling u n u sz n 0 0 SAND WITH TRACE LIMESTONE ..' . .. , , , , , ...: .. ...... FRAGMENTS: and TRACE SP POST I , I :n , 1 , ,. ORGANICS, Dart< Brown HOLE I , , , I '^', , , I , , , I I , , , , I 'u '",-T--r-,-r "...., ",- -.- r ,- , -.- T- SAND WITH TRACE SHELL: I , , , , , , , 1 , , , , :h- Brown SP 2 , , , , I , , , I , , , , .-:-. , I I , 1 , I , 1 I , , I , I , , , , , , I I 1 1 I .-:-. .. , I , , I , , , . 1 I 1 SILT: SOFT, Brown to Grey '-,-T--r")-r - r , -1- -.- r i- , u- , , I I , , , , 1 I , I , , ._0- M!. 3 POST , 1 , , , , , , , , , I , , , .-.- 0 , I , I I , , , 1 , I I , , HOLE , , , I , , , , I I , , I ,n ._0- , , , , , , I , , I I I , I, .-.- ,-,-T--r.,.r ..... , ",- .," r ")" ~ -:"w - ._0- J I I , I , I , I , , , , , , I I 1 , I , I , , I , , ._0- , , I , , , I , , , , , , , , .-.- , , , I , , I I 1 , I , , :r1 , , I , , , , , , I I , I ._0- '-,-T--r-,-r -...., .," -," r -,. , -,. ._0- , , , , I I I , , I I , I :L,J 01~1 I , I I I , I I I I , I I .-.- , , I , , I I , , , , 1 I , __0- , I , , , , , , I , , I , , -5 SZ ._0- , , I I , , , I , , , , , -5 , .-.- I , I , , , , .-..- 06-a2 7 , I I , I , ,U I I I , , I , , .-.- I , , , I I 1 I , , I , 1 , I I 1 I , , PEAT: Dark Brown , , -,- -,- -,. -,- -,. :-:n- , , I , , , , PT 4 02.{)4 , , , I , I , , LJ , I I I I 1 , , , , I , I , , , I I I 1 , , I I , ,- -,- -,- "," -,- -,- I - 1r1- I , , 1 I , , 03-01 7 I I I I , , , , , , 1 , , H , I , I I , , 1 , I I I , , , SAND WITH SHELL: LOOSE, I " -,- -,- -,-i-.- - - 1- i - 1 I I I , I n Grey SP 5 03-03 I , , I I , J I I , I , I , , .'1 i , , I , , I 0 I I---.J , I I I . , 1 I I , I I 'i 1- --i-I-j - -,- -.- i' -1- -:- : -, I 04-03 I , I , , I I , 7 ' , I I I 1 , , n, 1 , , , , I I I 1 , ! I , I , I , , I -10 -10 I I I , I I I n U n u n l:-C~ .. , . n ,...- , I) I'.{,l' GeoVerse, Inc. r I InnDvative Engmeering Solutions n: 555 Sawgrass Corporate Parkway - Sunrise, FL 33325 I (954) 835-9055 - FAX (954) 835-9044 LJ i ,PROJECT NAME: LOCATION' STANDARD PENETRATION TEST BORING RECORD PAGE 1 OF 1 PROJECT NO.: 210394 BORING NO.: B-2 DATE: January 18,2002 (I I CLIENT: Miller Legg & Associates. Inc. RIG TYPE: AckerAD-1I I , , DRILLER: Johnny Wynn METHOD OF DRILLING: Hollow Auger ! LOGGED BY: Eli Fleurima SAMPLING METHODS: 2" Split Spoon START TIME: 9:45 AM FINISH TIME: 10:10 AM HAMMER wr ./DROP: 140 lb., 30 in. TOTAL DEPTH: 10.0' WATER TABLE: 4.5FT LOG C!<ECKED BY: George P. Ballock, P.E. WEATHER: Partly Cloudy, 740 52 Water level during drilling BORING LOCATION: 190 FT West and 30 FT South of the Northeast ProperlY Comer REMARKS: Unknown ground surface elevation ~ If ~ -I W i 0 c:i ~ :) ID ~ 1!5 ~ Z ID STANDARD PENETRATION TEST RESULTS ~ i SOIL DESCRIPTION ~ - ~ In I :r: ("N" - BLOWS PER FT FROM 0 TO 100) In Q. III ~ u I 9 Ii: c In lU :) ID Ul Sunny Isles Park Site East of North Bay Road Between 181st Drive and 182nd Drive LJ n u II U n LJ n u f' i LJ 0 0 SAND WITH TRACE LIMESTONE . . 00 . P' . I . I , ., FRAGMENTS: Brown SP POST . , , , . .. I , , I ... . .. HOLE I I I I .-' :.. 00 ... I I I I I I I I I I , I I I I SILT: Grey '-,-T--r-,-r -,.. ; -,- -I-r-l- ,-.-T- '_0- , I I 1 I , I I I I J I I , I ML 2 , I I , I I , I , , I , , I I '_0- , , I I I , , , , I I ; , , , '_0- , , I I , I , , , , I I , , , I , I , , I I I I , J I , , , SAND: WITH TRACE ORGANICS '-,-T--r-,-r - j j -1- -,- r -1- , -,- T - . . I , I I , I I , I , I I I J I ANO TRACE SILT, Dark Brown SP 3 POST I I I I , , I , I I , I , I I HOlE I I , I I I I , I I , t , I I , , I , I I I , , I I , , I I I , , I I , , , . I I I I I , SAND WITH TRACE SHELL: ' -,- T - - r -,- r -,..; -,- -,- r ,- , -,- T- , I I , . , , I , I , I I I I ~ Brown SP 4 , , , , I , I , I , , I , , I .. , , , , I I , , , , I , , I I ~ , I I , , I , , I , J , , I , SIL TV SAND: LOOSE, Grey , , I , , , I , I I I I , I , ...-.. ,-,-j--r-,-r - r , -\- -,- r -,- , -,- ; - ...-.. , , J , I I I I , I I , J , SZ SP-SM 5 02~2 , I I , , I I I , , I , , , .,.-.. I , I I I , , I , I , I , I ...-.. I I I I I 1 I , , I , I , , -5 -5 , , , I I I , I , I I I , , PEAT: Dark Brown I I f , J , , , , , I , , I PT 6 02-02 4 I I , I , , I I I I , I , I I , , I J , I I , , , , , 1 , I I I I I J , , I , I -,- ""i -- -,- T - r 1 -1- -.- -,- '-1- I- I I I , I , , J I , , I 02-02 , , I I , I , I . , I I , I , I , I I , , , I , , I I I I I , , , , , SIt TV SANO: WITH TRACE I I , I , I J , , , , I ,-,---- -f- r -,-,-,- -,- -,- -.- j'- ...-.. SHEll, LOOSE, Grey , , , I , I , , I , I SP.SM 7 01-02 3 I , , , , I , , I , , ...-., , , , , , , , I I , I ...-.. I , , I , I , I ; , , I I I , I , , , I ...-.. , -,- -,- i' - 1- j -1- -,- -,- "j -,- j - ...-.. I I I I I , I I , I 02-02 I I , I I J , , I I I I I ...-.. I J , , , I , I , I , I , -J-l0 ...-.. I I , , , I : I , , I I I ...-.., I J I I I , , , I I ~-:-~-, .-:-. .~ .~ I -,- . - - i -. - i' - ,- 'j -1- -,- -,- I I I ! I I I I , I , , I -........... 02-02 4 I I , I I I , I I ...-.. , I , I , , , I I , I ...-.. I I , , I , , I I I I I I I I I I , (I ! U ,ll u II U \l , LJ n I G fI u n u n u _n u n LJ n I~ ,- i""~ ". I :"{il" GeoJterse, Inc. i Innovative Engineenng Solutions 555 Sawgrass Corporate Parkway - Sunrise, FL 33325 (954) 835-9055 - FAX (954) 835-9044 I PROJECT NAME: Sunny Isles Park Site LOCATION: East of North Bay Road Between 181st Drive and 182nd Drive CLIENT: Miller Legg & Associates, Inc. RIG TYPE: DRILLER: Johnny Wynn METHOD OF DRILLING: ; LOGGED BY: Ell Fleurima SAMPLING METHODS: :START TIME: 10:20 AM FINISH TIME: 10:40 AM HAMMER wr./OROP: STANDARD PENETRATION TEST BORING RECORD PAGE 1 OF 1 n cr PROJECT NO.: 210394 BORING NO.: B-3 DATE: January 18, 2002 n ( J Acker AD-II Hollow Auger 2" Split Spoon 140 lb., 30 in. n u- n u TOTAL DEPTH: 10.0' WATER TABLE: 3.67FT LOG CKECKED BY: George P. Ballock. P.E. n WEATHER: Partly Cloudy, 74. SZ Water level during drilling l I BORING LOCATION: 90 FT West and 80 FT South of the Northeast Property Comer REMARKS: Unknown ground surface elevation n ~ [ ~ i is 0 ~ ~ III ~ ~ ~ Z ID i STANDARD PENETRATION TEST RESULTS S SOIL DESCRIPTION w ~ ~ i In ~ ~ C'N" . BLOWS PER FT FROM 0 TO 100)f! rn G- o m ~ I Ii: u ::I CD rn " ~ I fO;' Geolerse, Inc. r I Inn~JVative Engineering Solutions 555 Sawgrass Corporate Parkway - Sunrise, Fl 33325 (954) 835-9055 . FAX (954) 835-9044 I PROJECT NAME: J LOCATION: I CLIENT: , DRILLER: LOGGED BY: START TIME: n TOTAL DEPTH: I n LJ (l LJ I' u LJ n LJ n u o n u ,'I -L-J 0I- l' U SZ I' U n i -5 -5 U I' u (l LJ n , I u I , n t L.J '101_10 n LJ (l LJ STANDARD PENETRATION TEST l BORING RECORD PAGE 1 OF 1 I PROJECT NO.: 210394 BORING NO.: B-4 DATE: January 18, 2002 Sunny Isles Park Site East of North Bay Road Between 181st Drive and 182nd Drive Miller Legg & Associates, Inc. Johnny Wynn Eli Fleurima 10:50 AM 10.0' RIG TYPE: METHOD OF DRILLING: SAMPLING METHODS: HAMMER wr ./DROP: LOG CKECKED BY: Acker AD-II Hollow Auger 2" Split Spoon 140 lb., 30 in. George P. Ballock. P.E. FINISH TIME: 11 :10 AM WATER TABLE: 3.5 FT o ORGANIC SAND: WITH TRACE LIMESTONE. Dark Brown POST HOLE , r , , I I I I I I '-'-T--r-,-r I I I I I 1 I J I I I I I I I I I I I I I '1 I I I I I I I '-,-T--r-'-r I I I I I f I t I I I I I I I I f I I I I t I I r " "I 1-,- T - - r .,- r I I J I I I I I I I I I I 1 I I I I I I I I I I I I I I ~ I 1 -,- T - - T -,- r I I I' I I f I I I I I I I 1 I I I I I , , WEATHER: Partly Cloudy. 740 s:z Water level during drilling BORING LOCATION: 112 FT West & 195 FT South of the Northeast Property Comer REMARKS: Unknown ground surface elevation [ g: It! oJ I w 8 0 d j!; ::I lD ~ ~ ~ Z fD ~ STANDARD PENETRATION TEST RESULTS ~ j SOIL DESCRIPTION ~ - i ~ ... II) ~ ~ ("Nil - BLOWS PER FT FROM 0 TO 100) ~ ~ a. I w ~ ..... I ti: Q -' ::l II) ... w ::I lD <n e_._._ ._._0- --.-.- 0_._.- --.-.- __0-_- __0_.- o SIL TV SAND: Brown SAND WITH SHELL: AND TRACE SILT, LOOSE, Brown to Grey POST HOLE SP-SM 2 SP 3 03-a1 PEAT: Brown , 1 , , , , I .... - -. - i lit t 1 I t I I I 1 f 1 I I 1 , I I I I I 1 1 r I I 1 , -.- 7 - - ; -I - I I I I 1 1 r 1 " I 1 I I I I I I i I f I I' I I I I 1 I - -.- "'j - - T -, - i I I I I 11 I I' I f " 'I I I I I I I I 1 I!.,i -;-, - - : -i - :- 1 I I I I I I I I I I I PT 4 01-01 2 02-01 02-01 3 . . . _ ..1 SIL TV SAND: WITH SHELL, - . . . -i VERY LOOSE, Grey :::-"j 02-01 01-09 2 ! I I r I I , I -r "1-,- , I I I , , , 1 , r , , I 1 , -,- , -I- I I , I , I , I , I , I I , I -,- "1-,- , , , , I I I , I , , , , , , - r 1 -,- I , , I I , I I I I 1 I I , r , I I I I , I I I -1- -I- I I I , , , , I I r -,- 1-.- , , , I , , , 1 I 1 , I I , I -1- 'j -,- , , , , , 1 I , , I , - ,- j' -,- I I I r 1 . r . 1 r I 1 I , , , , , 1 I I I I I I I I -,- r .., - , -,- T - I f I 1 I 1 I I I , I I I f I I I 1 I I I I' I 1 I I I I I -,- r .. - , -,- T - I 1 I I I I I 1 I (I I I l' I I I I I' I' 1 I 1 I 1 f 1 -,- r -, - 1 - ,- T - I f I I I I r I I 'I' I I 1 1 I f I f 1 I I 1 I 1 I I I I -,- r i - -, -,- T - I I I r I 1 I I I J I I I I 1 I I I I I I f I I , r r " I , , 1 , " . I f I I -1- -I - "'j - 1- T - I t I 1 I I 1 I 1 I I 1 I I I I I " I I 1 I I I -,- - -I - I - 1- 7 - 1 r J 1 , 1 1 I I I I , 1 I I I I I J I J I I I -!- ~ -i-[ 1-!- ~- I : I I! I : ;: ::: I -,-i"'-l- j-l-l-j I I I ' J I 1 1 , I , I I t I I n lJ STANDARD PENETRATION TEST BORING RECORD PAGE 1 OF 2n_ (u PROJECT NO.: 210394 BORING NO.: 8-5 DATE: January 18, 2002 n Li- n u Mobile 8-59 Hollow Auger 2" Split Spoon 140 lb., 30 in, George P. Ballock, P.E. n u n WEATHER: Partly Cloudy, n" sz Water level during drilling I- BORING LOCATION: 31 FT West & 80 FT South of the Northeast Property Comer REMARKS: Unknown ground surface elevation n [ g Ie ...J III u- ~ 0 0 i: ;) lD ~ ~ ~ Z at ~ STANDARD PENETRATION TEST RESULTS ~ ~ i SOIL DESCRIPTION <4 ~ ! lE ("N" - BLOWS PER FT FROM 0 TO 100!l <4 A. W ~ !:i u ! t- e <4 lL I ; w ;) '" o o ':"-. ORGANIC SAND: Dark Brown ~... -' SIL TV SAND: WITH SHELL, Brown SP-SM 2 ~ .-:-:".-' SIL TV SAND: WITH SHELL, VERY ~ :-:-: '_' LOOSE, Grey ~ .-:-: :.: ~ .-:-: :.: PEAT: Dark Brown .. : : 1\ SAND WITH SHELL: VERY LOOSE, Grey sz ....:...: .-:-: ''': ~ .-:-: :.: ~ ;-:-: :.: ~ .-:-: :.. ....:-: .-:-: :..: ~ :-:-: ".-. ~ :-:-: '-' ....:...: :-:-. '-' ....:...: .-:-: ".-. -5 -5 r.o. ~'. ,,:.r... . ^ "'-' .. l 0 1 POST HOLE .- I I I I I I I I I 1 I I I I I I I I '-,-T--T-.-r f r r "f I 1 r " I I I I I I . '-,-T--T-,-r 1 I I I I I . r I I I I I 'I 4 I I ,-,-,.--r.,-r I I I \,. I I I I I I I I I I I I ,-,-"--T-,-r I I' I I I , I' I I I I I I I I I I .-, ,: :: ::: I I I I I I ,-,-,.--T-,-r I I I I I I I I I I J I I 1 I I I I .-,----r-.-r I I I I I I I I I I I I I I I 1 - ,- - - T -. - r I I I I I I I I I I I I I I I I - 1- - - T -, - r t I I I I I I I I I I I I I I I f , " I " I " - .- - - i -,- , " I I I I I I I I -.-7--,-,- I I 'I I I I I t I I I I i - ,- ; - - i -I - I I I I I I It' , I I I I' I -.- 'i - - r -I- I I I I I t I I i I I . I' I I , :\ :: ::: \. I I I I I -~- + - - i- -: - i- ~\ I I I , 'I " I 'I I t I - .- \ - - j' -, - I I', I I I _ :_l \ _ ~ _: _ ~ I I I' I SP-SM 3 POST HOLE SP-SM 4 02'()2 01.()1 3 ) PT 5 SP 6 02'()2 01-02 3 ~ .-:-::': SIL TV SAND: WITH TRACE ....:.: .-:-:....: SHELL, VERY LOOSE, Grey ....:.: .-:-: -..: ~=:: :1 .-.-' -.-. ~ ~-;-...:--;- e_._ -.-. ~-;-...:--;- ',.:.. -;- ...:- -;- ...:--;-...:--;- ~_e_ -.-. ~. r WEATHERED LIMESTONE WITH ~'r SAND: MEDIUM DENSE, Tan ...J' . ..,.-;- ~'.L ^~'r- -10 -10 ....:...: .-:-: :: ~-;-...:--;- 0_.- 7"':--;-"':- -.-' ~-;-...:--;- ~-;-...:--;- e_._ -.-. -'--;-...:---:- J. -15 -15 t I T SP-SM 7 01.()1 01-01 2 SILT: WITH TRACE SHELL, SOFT, Dark Grey Ml 8 GP 9 01-01 01-00 2 . 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I : , I ' -.- r -.- I , , I I 1 I I I I , ~ -1'- I , , U , , I I , , ,n I I I ;-U- , I , I , I - :-fi- I : ' ~-\-t- , I , I I , ~ -It- I /1 ,U , I I I , I I I :n 1-" j- , 1-, , , , I , I :-fi- I I 1-W- I I ' , I , ~-n- I I I U I 'j _1- ~ _;_ , I , In, ,- I , W, , I I I I I -; -h- i' - I I I I ~ -\-Jf - n -LJ----- (I c' , n I LJ [1 L.J n LJ II u n u n u [1 LJ .'1 ..LJ n L.J (I u n L.J i':;~ Geo~rse, Inc. . Innovative Engineering Solutions 555 Sawgrass Corporate PariMay - Sunrise, FL 33325 (954) 835-9055 - FAX (954) 835-9044 ~ :c Ii: w o [ ~ !i ~ w iu. .0.. i~ Ii i ... ::J SOIL DESCRIPTION .~t.~ ~ -25 -30 n u 1; -35 -35 LJ n LJ n + u n -401-40 L.J II U -25 WEATHERED LIMESTONE WITH SAND: LOOSE TO VERY DENSE, Grey (Very hard drilUng from 35 to 38 FT bgs) -30 STANDARD PENETRATION TEST BORING RECORD PAGE 2 OF 2 PROJECT NO.: 210394 BORING NO.: 8-5 DATE: January 18. 2002 i , I ! STANDARD PENETRATION TEST RESULTS I I (AN" . BLOWS PER FT FROM 0 TO 100) I I i , GP I i ! I GP 110 I , ! 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I I I I I I I I t I , _ '- ..L _1_ _,_ 1. ..J_ I 1 I I I I I I I I I I I I I I I .L...J.I_ .1_1.-1. I : I 1 I I I J I 'I I I 1 I ' I I I -... ... .1_ t .1. L .J_ I I I 1 I I I I 'r I 1 I I f 1 I .....-'_1_ ..1_1......_ I 1 , 1 I I I 1 , , , , , I J _,_ .L. , I I , , I , I I J .'_ .L. I I , , , I , 1 1 .J _I. l _ , , I 1 ] I I I , .J_'-.1. . I I 1 , , , I , 1 , 1 I I J .'_.1 _ , I I I , I I I I .J _I. J._ 1 , , I , , I I I .J_l-J._ , , , I I I I I , .J.'-J._ 1 I I , I , . I , I I I I 1 ..I .I...L_ I I , I I I I , , .J _,_.J._ 1 I I I I I I I 1 .J .1. J._ ] I I I , I -I _1_ ..a. _ I , I n STANDARD PENETRATION TEStJ BORING RECORD PAGE 1 OF 2n_ (u ~;!, GeoVerse, Inc. I Innovatwe Engineering Solutions i 555 Sawgrass Corporate Parkway. Sunrise, FL 33325 'I (954) 835-9055 . FAX (954) 835-9044 PROJECT NAME: Sunny Isles Park Site j LOCATION: East of North Bay Road Between 181 st Drive and 182nd Drive ! CLIENT: Miller Legg & Associates. Inc. RIG TYPE: I DRILLER: Mark Scanlon METHOD OF DRILUNG: PROJECT NO.: 210394 BORING NO.: B-6 n DATE: January 18,2002 u- Mobile 8-59 Hollow Auger n_ u LOGGED BY: Randy Morin SAMPLING METHODS: 20 Split Spoon n START TIME: 12:30 PM FINISH TIME: 2:00 PM HAMMER WT./DROP: 140 lb., 30 in. u TOTAL DEPTH: 40.0' WATER TABLE: 3.5 FT LOG CKECKED BY: George P. Ballock, P.E. WEATHER: Partly Cloudy, nD s:z Water level during drilling )l BORING LOCATION: 100FT West & 20 FT South ofthe Northeast Property Comer u- REMARKS: Unknown ground surface elevation n ... - g g It! ~ ! 0 ~ ~ u ~ ~ Z ID ~ STANDARD PENETRATION TEST RESULTS :r: i SOIL DESCRIPTION !!l - Ii: 5 co Do ~ Ir= ("N" - BLOWS PER FT FROM 0 TO 1 COM w ~ y ! Ii: Q co w ::J III II) o o .. .... e.. .... ...... .. ........ .... .. .......... .... .. ...... ........ .. .. .... .... .... .. ...... .. .. .. .. .... .... sz -5 -5 -10 -10 -15 -15 ORGANIC SAND: Dark Brown SAND: WITH TRACE ORGANIC, Brown SAND: WITH TRACE SILT AND SHELL, Brown SILT: Grey o SP 2 SP-SM 3 POST HOLE . I I I I I , I I I I I I I I I I t ,-rT--T-,-r I I I 'I I I I I I I I I I I I I I ,-rT--T-.-r I I I I 1 I I I I I I I I I I I I I ,-rT--T-,-r I I I I I I I I I I I . I I I I I I ,-rT--T-.-r , I I I I I I I I I. I I J I 'I I ML 4 POST HOLE SILTY SAND: VERY LOOSE, Grey SP-SM 5 ()4.()1 Q0.01 1 , I . I I . r I , -,- T - - r -,- r , I I 'I I I I I I I I I I I 1 - ,- T - - r -,- , I I , I I I , , 1-,- - -,- I I I , , I I I , 1-'- -,-- , , I , I I I I I I , I I , -,- -I- I , I I , , - -.- -, - , , , I I , -.- J -,- " , I I I I 1 I I I - 1- i - - r -. - , I I , " I " I I I , " I " lit! .- - - T -, - I I , I '~ ::: - I - - T -. - I I I ~ . 1 I: I _1_ .!. _ _ .L _1 _ !.. I I I I I PEAT: Darle Brown PT 6 01.QO 01.()1 SILTY SAND: WITH SHEll. VERY LOOSE, Grey SP-SM 7 01.()1 01.()1 2 SAND AND SILT: WITH TRACE SHELL, SOFT, Grey SP-SM 8 Ml. 9 02.()1 01.()1 2 PEAT: Dark Brown PT 10 WEATHERED LIMESTONE WITH SAND: MEDIUM DENSE TO VERY DENSE. Tan I . I I I , I I , - r , -I- I I , I I I I , I -r'" -,- I , I , I , I I I - r , -,- I I I I , I I I I - r T -,- I , , , I I I I . I I . , , -r, -,- I I , , , I . I I -1- -.- . I I -,- I I I -,- . 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FL 33325 II I (954) 835-9055 - FAX (954) 835-9044 i ST-AN-[)ARo---PENE--TRA49t>N--Ti:-sT---1- BORING RECORD PAGE 2 OF 2 I i PROJECT NO.: 210394 BORING NO.: B-6 DATE: Janua!)' 18.2002 ..J o III ~ II> II> U II> ::I Lj c:i z W ..J ! I STANDARD PENETRATION TEST RESULTS rN" - BLOWS PER FT FROM 0 TO 100) I I i SOIL DESCRIPTION ~ ..J CD I' u 1 . I I I ! _I_!.._I_~ I , I I l -:- t -i I I ~ , I I I ' , , , _I_..! _ I , , , , J _I_..!._ I , , I , I , , J _ ,_ 1 _ I I I I I , I I I J _1_ l _ , I I I I I I , I I I , , I , , , I J .'..1. , , 1 I I I , , , J .'..1. I I , I , I , I I J .'_.1. , r I , , , , I , .J _1_ J. _ 1 1 I r , I I I I , \ I t' I I - -1- "i- , I I I I , , J . '. 1 . _ , , I I . , I I J_Ll__ I I , I I I I I I oJ _1_ .! _ _.L _1_ L ,; ", I I I I I I I 'I 1 J .'. 1 . _ J. .'.!. , I I 'I I t I I I I I I I I I I , I , I I I I I I J.'..1._.L_'.L , I I I I I I " I I I I I I I I .J_'..1...L.'_L I I I I I I I I I I I I f I I I I I J.'..1._L-'. I I I I I I I f I I I I t I I f J_'-.1. .L-'.L I I I I I I I I 1 I I I I I I I I , , , , -,-j-I- , , , I I , I , I I I I I , I , _1_..; _I_ I , , I '. 21-09 11 GP II 23 u 14-21 -20 -2 " LJ I -'- - , I I t , , , .1_ J .1. I I . I , I I I I . L J .'. , I I I I , I I , I I I , I I ..... J .'. , I I I , , , .L l' LJ 05-43 , 12 GP n 82 48-16 LJ -25 -25 , , , I .'.L.'_ I , I I , I I , , .'. L.J. , I , I , I , , , .'.L.J. I , , , I I , , I .'. L...I. , I , I I I I I , (I LJ , .1- , I I I , _'- J .'. I , , I I I 1 I I _ L J .1. I , I I I , I I I "'-- (I WEATHERED LIMESTONE WITH SAND: MEDIUM DENSE TO VERY DENSE, Grey (Very hard drilling from 3S to 37.6 FT bgs) ... LJ 13 04-05 GP (I 14 09-11 u -30 -30 I I , , I .J _1_ ..!. _ I , I , , I I , , J.'-.1_ I I 1 I , , , , I .J _1_ ..L _ I , , I I I 1 I ..J _I_.L _ , , , I I , I I I , I I I I _'- .1_1. I 1 I I , I . I I _L.1 .1. I I I I I , . I I _L" _I_ I I I I I I I _ L- ..I _1_ , , I I , I I , I , I I I 1 I I 1 .J.'..1..L..I.L I 1 1 I I I I 1 I I I I J 'J J J I J_'-.1 .1._I_L I J I J I I 1 I 1 I I " I I 1 ...J_I_.J.__L-'_L I 1 I I I , , J "J 1 I I I I I ..I_I_.J._ L....I_L I 1 I I 1 I 1 I 1 I 1 1 I I t I I , I I . I I _1_ L.J_ , I I , I I I , I _'_1. .J. I t I I , , I I , _1_ L..J_ I , . I , I I _:_ L...J_ I I I I , I , I , (I G r u 13-13 GP 14 n 10-25 23 LJ -35 -35 , " , I I , I I I I I I _ L ..I _ 1_ _1_ L ..l _ I I I I I I 1 1 I 1 I I , , I 1 ' I . _ L. ..I -,- I _1_ l. ...:- I 1 I . I I ~ I I I I I I I I I 1 I _ L. ..r. _1_ .;. _1_ L -l _ - ~ j _:. Ii _!_ ~ ~- I. 1 I . I 1 I , , I , I I 1 I .J_I_.L__L...I_.... I I 1 I I 1 1 I I 1 I I 1 I , I I .J_I_":' _L-t_L. I I I I I f: :, ::: .J_'_..L__J..-J_L. 1 I 1 I: I I 1 I I I I I I :. ..1_'- L_I_L. .: I I I , I: 1 II , I , ..J _1_ ... _ , I I I I , I J_l_._ I I , , . , ' . ~ - ;-- -, I I ~-:-~-II I , , I , . I . I I I ! I i I I IGP LJ l' l~:~~ I ... I. i--i-7-' I ~ T. I r-;-:- , I r;-" ~ LJ 03-05 15 (I 4J-40 Og-Ref 14 LJ -(I u (I u n ~ Geo Verse, Ine ~i Innovative Engineering Solutions u II u n STANDARD EXFIL TRATION TEST PROJECT NUMBER: PROJECT NAME: PROJECT ADDRESS: CLIENT: TEST LOCATION: TEST DATA: DEPTH OF HOLE: DIAMETER OF HOLE: SCREEN INTERVAL: WATER TABLE: u 21 0394 DATE: January 18, 2002 Sunny Isles Park East of North Bay Road between 181 sf Drive and 182"d Drive Miller Legg & Associates, Inc. EX-1: 182 FT West and 195 FT South of Northeast Property Corner n u n u 15.0 feet 6.0 inches 4.0 feet to 15.0 feet 3.67 feet n u n SOIL PROFILE: DEPTH (FEET) 0.0 - 1.0 1.0 - 2.5 2.5-5.0 5.0 - 9.0 9.0 -15.0 u SOIL DESCRIPTION Brown Sand with Trace Limestone Dark Brown Sand with Trace Organics Grey Sandy Silt Dark Brown Peat Grey Silty Sand with Shell )l u fl u n u- EXFIL TRAnON TEST RESULTS: STABILIZATION: TIME VOLUME TEST: TIME VOLUME (MINUTES) (GALLONS) (M INUTES) (GALLONS) 1.0 4.5 11.0 4.2 2.0 4.5 12.0 4.2 3.0 4.2 13.0 4.2 4.0 4.2 14.0 4.2 5.0 4.2 15.0 4.2 6.0 4.3 16.0 4.2 7.0 4.2 17.0 4.2 8.0 4.2 18.0 4.2 9.0 4.2 19.0 4.2 10.0 4.3 20.0 4.2 AVERAGE (GPM): n u n u n u n LJ 4.28 4.2 1.22x10'" CFS/FT2-FT HEAD n LJ HYDRAULIC CONDUCTIVITY: Remarks: n L.J n LJ n~ u n u 1;1;1; c............ r........_... D............. _ C.....i.... B:1...hf.. "'''It''lt?1; _ IQI;.I1\A"ItI;.QOI;I; _ B:av IQU\A:.'il~Qn44 -_._~ n -LJ-t- ,- n U n u n LJ n U n u n LJ n LJ n LJ (I LJ (I LJ n u n u n u n LJ n u n u n LJ Ii u -:0., Geotechnical & Construction Materials Engineering & Testing · Inspection Environmental Services Offices throughout the state of Florida www.nuttingengineers.com.infoOnuttingengineers.com December 10, 2004 Mr. Ron Rollins Miller Legg and Associates, Inc. 1800 North Douglas Road, Suite 200 Pembroke Pines, Florida 33024 Subject: Addendum to Report of Geotechnical Exploration Gymnasium at 2-Acre Park 181st Drive and North Bay Road Sunny Isles Beach, Florida Dear Mr. Rollins: This letter is in response to a request by the structural engineer that additional pile depth evaluations and recommendations be performed for the proposed building at the above referenced site in Fort Lauderdale~ Florida. Our evaluation is based on the borings performed and our Report of Geotechnical Exploration provided by Nutting Engineers on June 16,2004. We also note that an additional two-story recreation building will be constructed at the subject site. Based on discussions we understand that a prior geotechnical report was provided for the building dating back to approximately 2000 to 2002. At this time we were unable to locate any report in our records that indicate that the boring was performed by Nutting Engineers along with the .understanding that the report could not be loc~ted as well by Miller Legg and Associates. Therefore the recommendations provided herein may be used for the two story structure along with the proposed gymnasium however prior to construction we recommend that an additional soil boring be performed within the building footprint to verify subsurface conditions. Augercast Pile Analysis Based on discussions with Mr. Carlos Sanz, P.E., the project structural engineer, we understand that the proposed gymnasium will have column loads on the order of 210 kips and wall loads on the order of 12 kips per linear foot. The two story building will have wall loads on the order of 15 kips per linear foot. We understand that based on our recommendations provided for a 40 ton pile the amount of piles required to support the structure may be relatively high. Based on this we were requested to provide a higher pile capacity to reduce the number of piles required for the proposed project. 1310 NEPTUNE DRIVE - BOYNTON BEACH, FLORIDA 33421- (581) 738-4900. Fa (511) 737-9975 Broward (954) 941-8700. HlIl8borough (813) 866-8800 - Miami-Dade (305) 824-0060 11 -L-i---" " LJ n It is our opinion that 14-inch diameter augercast piles installed to a minimum depth of 40 feet below the existing ground surface will support a design compressive capacity of 60 tons. It is also our opinion that 16-inch diameter augercast piles installed to a minimum depth of 40 feet below the existing ground surface will support a design compressive capacity of 75 tons. This analysis is based on the existing site elevation where the borings were performed performed. If the site elevation changes at the time of installation, the pile depth may also change accordingly. n LJ LJ n LJ AUGERCAST PILE CAPACITY TABLE n Pile Depth Below All. Compr. All. Tension Minimum Diameter Exist. Ground Capacity Capacity Grout Strength (Inches) (Pt) (Tons) (Tons) (psi) (0.25 f' c) 14 40 60 20 4,000 16 40 75 25 4,000 u n LJ II LJ n The actual depths should be expected to vary (possibly shallower or deeper) depending on the drilling conditions encountered during installation of these piles. LJ L-J The Florida Building Code (FBC) requires that any piles designed for greater than 36 tons must be load tested in order to verify the pile capacity. At least one full-scale compression load test will be required for this project as described in the Florida Building Code. If uplift forces will also be part of the design, one tension load test will be required for this project as described in the Florida Building Code. If two different pile sizes or compressive capacities will be used for foundation design, two compression load tests will need to be performed. n n u n I' _Based on the results of the test borings, a settlement analysis was performed using standard geotechnical methods for pile settlement. It was determined that upon completion of the proposed construction, total settlement of the structure should be of the .order of one-half inch. Most of this settlement should occur upon the application of the dead load during construction. u u I' LJ We recommend that at a minimum, one full length #7 reinforcing steel bar utilizing centralizers be installed in each pile to verify that a continuous pile of equal cross section has been constructed. Additional reinforcing may be needed depending on the structural engineer's requirements. n LJ n The remaining recommendations and general information provided in our report dated June 16,2004 should be followed as previously specified. LJ n u Excavations of five feet or more in depth should be sloped or shored in accordance with OSHA and State of Florida requirements. n LJ ~NUTTING .~ ENGI~~~~~NC. ESTA8USHEO 1867 II ---LJ 11 LJ II Should you have any questions, or if you need additional information, please feel free to contact us. LJ (I Sincerely, m:r~~G ENGj_lNEERS OF/FL~FIDA' INC, ...' l ~. J'. i /td0Jit 5' .t . ChnstophOfE. Gworep-tt Project Engineer LJ II L-; n LJ r, LJ n LJ 11 LJ n LJ n LJ n LJ f1 L.J LTR PR.EDEPTHCHNOE Mll.LER SUNNYISLES CEO II LJ II LJ n LJ n u n LJ rQNUTTING ~:~.:~~_~~~Swc )~ Richard C. Wohlfarth, P. Director of Engineering " -L.J n Geotechnical & Construction Materials Engineering & Testing · Inspection Environmental Services u LJ Offices throughout the state of Florida www.nuttingengineers.com.info@nuttingengineers.com II n December 10, 2004 LJ Mr. Ron Rollins Miller Legg and Associates, Inc. 1800 North Douglas Road, Suite 200 Pembroke Pines, Florida 33024 II LJ " u Subject Addendum to Report of Geotechnical Exploration Gymnasium at 2-Acre Park 181 Sl Drive and North Bay Road Sunny Isles Beach, Florida II LJ II Dear Mr. Rollins: LJ 11 This letter is in response to a request by the structural engineer that additional pile depth evaluations and recommendations be performed for the proposed building at the above referenced site in Fort Lauderdale, Florida. Our evaluation is based on the borings performed and our Report of Geotechnical Exploration provided by Nutting Engineers on June 16,2004. u n LJ n We also note that an additional two-story recreation building will be constructed at the subject site. Based on discussions we understand that a prior geotechnical report was provided for the building dating back to approximately 2000 to 2002. At this time we were unable to locate any report in our records that indicate that the boring was performed by Nutting Engineers along with the understanding that the report could not be located as well by Miller Legg and Associates. Therefore the recommendations provided herein may be used for the two story structure along with the proposed gymnasium however prior to construction we recommend that an additional soil boring be performed within the building footprint to verify subsurface conditions. u n u II u 11 Augercast Pile Analysis LJ u Based on discussions with Mr. Carlos Sanz, P.E., the project structural engineer, we understand that the proposed gymnasium will have column loads on the order of 210 kips and wall loads on the order of 12 kips per linear foot. The two story building will have wall loads on the order of 15 kips per linear foot. We understand that based on our recommendations provided for a 40 ton pile the amount of piles required to support the structure may be relatively high. Based on this we were requested to provide a higher pile capacity to reduce the number of piles required for the proposed project. n II u n u 11 LJ 11 1310 NEPTUNE DRIVE. BOYNTON BEACH, FLORIDA 33428. (581) 738-4900. Fa (581) 737-1975 Browaref (954) 941-8700. HllIsborough (813) 866-8800. Miami-Dade (305) 824-0060 LJ " . ,~"" " LJ n U n LJ n LJ II LJ n LJ n LJ " LJ n LJ 11 LJ Ii L) n LJ " LJ n LJ n LJ n u " LJ It is our opinion that 14-inch diameter augercast piles installed to a minimum depth of 40 feet below the existing ground surface will support a design compressive capacity of 60 tons. It is also our opinion that 16-inch diameter augercast piles installed to a minimum depth of 40 feet below the existing ground surface will support a design compressive capacity of 75 tons. This analysis is based on the existing site elevation where the borings were performed performed. If the site elevation changes at the time of installation, the pile depth may also change accordingly. AUGERCAST PILE CAPACITY TABLE Pile Depth Below AIL Compr. All. Tension Minimum Diameter Exist. Ground Capacity Capacity Grout Strength (Inches) (Ft) (Tons) (Tons) (psi) (0.25 f 'c) 14 40 60 20 4,000 16 40 75 25 4,000 The actual depths should be expected to vary (possibly shallower or deeper) depending on the drilling conditions encountered during installation of these piles. The Florida Building Code (FBC) requires that any piles designed for greater than 36 tons must be load tested in order to verify the pile capacity. At least one full-scale compression load test will be required for this project as described in the Florida Building Code. If uplift forces will also be part of the design, one tension load test will be required for this project as described in the Florida Building Code. If two different pile sizes or compressive capacities will be used for foundation design, two compression load tests will need to be performed. Based on the results of the test borings, a settlement analysis was performed using standard geotechnical methods for pile settlement. It was determined that upon completion of the proposed construction, total settlement of the structure should be of the order of one-half inch. Most of this settlement should occur upon the application of the dead load during construction. We recommend that at a minimum, one full length #7 reinforcing steel bar utilizing centralizers be installed in each pile to verify that a continuous pile of equal cross section has been constructed. Additional reinforcing may be needed depending on the structural engineer's requirements. The remaining recommendations and general information provided in our report dated June 16, 2004 should be followed as previously specified. Excavations of five feet or more in depth should be sloped or shored in accordance with OSHA and State of Florida requirements. ~NUTTING ~:~.~~~.!~~~NC ~ . . -U--A..~ " '--.J " Should you have any questions, or if you need additional information, please feel free to contact us. LJ n Sincerely, NUTTl1'JG ENGINEERS OF FLORIDA, INC. /i~wJ/;1t ~' VI ~nstophorE. Gwore~tt Project Engineer LJ 11 LJ 'I LJ ~I LJ II LJ " LJ n LJ 11 LJ n LJ II LJ LTR Pll.EDEPTHCHNGB MIlLER SUNNYISLES CEO " LJ 'I LJ 11 LJ n LJ " L./ rQNUTTING l&';)~_~.~~~!~~S..c j~~bl2/~/c1 Richard C. WOhlf~~- ;l#~0858 Director of Engineering .ACD.BCt CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYYJ 09/23/2005 PRODUCER (305)822-7800 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Collinsworth, Alter, Fowler, Dowling & French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 9315 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami lakes, FL 33014-9315 INSURERS AFFORDING COVERAGE NAIC# INSURED Sl1tek Group, Inc. INSURER A: First Specialty Insurance Corp 4403 Dogwood Circle INSURER B: Harleysville Mutual Insurance Weston, FL 33331 INSURER c: MY Hawley Insurance Company INSURER D: Commerce and Industry Ins CO INSURER E: C THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DO' TYPE OF INSURANCE POUCY NUMBER POUCY EFFEC1IVE POUCY EXPIRATION UMITS GENERAL UABIUTY IRG995361 09/22/2005 09/22/2006 EACH OCCURRENCE $ 1,000,00(] - .!. COMMERCIAL GENERAl LIABILITY DAMAGE TO RENTED $ 100,00( :=J CLAIMS MADE 00 OCCUR MED EXP (Any one penlOtl) $ - A PERSONAL & ADV INJURY $ 1.000,000 GENERAl AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ 2.000.00(1 h POliCY n ~fc?r n LOC AUTOMOBILE UABlUTY BA2J8062 09/08/2005 09/08/2006 COMBINED SINGLE LIMIT f-- (Ea accident) $ 1.000.00(] ANY AUTO f-- AlL OWNED AUTOS BODILY INJURY X $ SCHEDULED AUTOS (Per perscn) B :K HIRED AUTOS BODILY INJURY $ ~ NO~WNED AUTOS (Per accident) PROPERlY DAMAGE $ (Per accident) GARAGE LIABIUTY AUTO ONLY - EA ACCIDENT $ ==J ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRaLA LIABIUTY BINDER 09/22/2005 09/22/2006 EACH OCCURRENCE $ 1 000.00(1 tJ OCCUR o CLAIMS MADE AGGREGATE $ 1,000,00(] C $ 0 R DEDUCTIBLE $ RETENTION $ (I $ WORKERS COMPENSATION AND WC9302988 09/08/2005 09/08/2006 I WC STATU- I IOJ~ EMPLOYERS' UA8lUTY E.L EACH ACCIDENT $ 1,000,000 D ANY PROPRIETORIPARTNERlEXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE-EAEMPLOYEE $ 1.000,00(1 g~~~~~vIS1ONS below E.L. DISEASE - POLICY LIMIT $ 1,000.000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAl PROVISIONS FL. 33160 fef. Project-181st. Drive Active Public Park-Project' 114122, Sunny Isles Beach, alvin, Giordano & Associates, Inc. is listed as Additional Insured with respects to the General iability only. 'Excludes coverage for Professional Errors and Omissions." Calvin, Giordano & Associates, Inc. Enginners, Planners & Surveyors 1800 Eller Drive, Suite 600 Ft. Lauderdale, FL 33316 SHOULD ANY OF THE ABOVE DESCRIBED POUClES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL POSE NO OBUGATlON R lIABlUTY OF ANY KIND UPON THE INSURER, ITS N OR REPRES A AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ACDBQM CERTIFICATE OF LIABILITY INSURANCE I DATE IMM/DDIYYYY) 09/23/2005 PRODUCER (305) 822 -7800 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Collinsworth, Alter, Fowler, Dowling & French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 9315 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami Lakes, FL 33014-9315 INSURERS AFFORDING COVERAGE NAIC# INSURED Siltek Group, Inc. INSURER A: First Specialty Insurance Corp 4403 Dogwood Circle INSURER B: Harleysville Mutual Insurance Weston, FL 33331 INSURER c: MT Hawley Insurance Company INSURER 0: Commerce and Industry Ins CO INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. II~$'~ ~o.,~1 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS GENERAL LIABILITY IRG995361 09/22/2005 09/22/2006 EACH OCCURRENCE $ 1,000,000 - X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED . $ 100,000 I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ A PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 I nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY BA2J8062 09/08/2005 09/08/2006 COMBINED SINGLE LIMIT I--- $ ANY AUTO lEa accident) 1,000,000 I-- ALL OWNED AUTOS BODILY INJURY ~ $ SCHEDULED AUTOS (Per person) B i-- X HIRED AUTOS BODILY INJURY I-- $ X NON-OWNED AUTOS (Per accident) I-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY BINDER 09/22/2005 09/22/2006 EACH OCCURRENCE $ 1,000,000 tJ OCCUR o CLAIMS MADE AGGREGATE $ 1,000,000 C $ (] R DEDUCTIBLE $ RETENTION $ (] $ WORKERS COMPENSATION AND WC9302988 09/08/2005 09/08/2006 I TVXgJTf:I#;:, I IOJ~- EMPLOYERS' LIABILITY 1,000,000 D ANY PROPRIETORlPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 SPECIAL PROVISIONS below E. L. DISEASE - POLICY LIMIT $ OTHER ~ESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ef. Project: 181st. Drive Active Public Park- Project # 114122, Sunny Isles Beach, Fl. 33160 ity of Sunny Isles Beach is listed as Additional Insured with respects to the General Liability only. City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 CANC LLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS 0 AUTHORIZED REPRESENTATIVE Patrick Mur h /VVN ACORD 25 (2001/08) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) ACORQM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYVY) 09/23/2005 PRODUCER (305)822-7800 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Collinsworth, Alter, Fowler, Dowling & French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 9315 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami Lakes, FL 33014-9315 INSURERS AFFORDING COVERAGE NAIC# INSURED Siltek Group, Inc. INSURER A: First Specialty Insurance Corp 4403 Dogwood Circle INSURER B: Harleysville Mutual Insurance Weston, FL 33331 INSURER c: MT Hawley Insurance Company INSURER D: Commerce and Industry Ins CO INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~~: ~~?;~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Pgk!f: EXPIRATION LIMITS GENERAL LIABILITY IRG995361 09/22/2005 09/22/2006 EACH OCCURRENCE $ 1,000,000 f-- X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,OO(J n nPRO- n POLICY JECT LOC AUTOMOBILE LIABILITY BA2J8062 09/08/2005 09/08/2006 COMBINED SINGLE LIMIT - $ ANY AUTO (Ea accident) 1,000,000 - ALL OWNED AUTOS BODILY INJURY X $ SCHEDULED AUTOS (Per person) B X HIRED AUTOS BODILY INJURY X $ NON-OWNED AUTOS (Per accident) - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY BINDER 09/22/2005 09/22/2006 EACH OCCURRENCE $ 1,000,000 ::J OCCUR D CLAIMS MADE AGGREGATE $ 1,000,000 C $ 0 ~ DEDUCTIBLE $ RETENTION $ (J $ WORKERS COMPENSATION AND WC9302988 09/08/2005 09/08/2006 I T"Xg~T~J#" I IOJ~- EMPLOYERS' LIABILITY 1,000,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERlMEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under 1,000,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER ~ESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ef. Project-181st. Drive Active Public Park-Project # 114122, Sunny Isles Beach, Fl. 33160 Vii 11 er , Legg and Associates is listed as Additional Insured with respects to the General Liability only. 'Excludes coverage for Professional Errors and Omissions." Miller, Legg and Associates 1800 North Douglas Road Suite 200 Pembroke Pines, FL 33024-3200 CANCELLATI N SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 2L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION R LIABILITY OF ANY KIND UPON THE INSURER, ITS AG AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) itimmma 704/1"--k2 Ciy Commission yJN" I$e City of Sunny Isles Beach Norman S.Edeleup,Mayor Lewis J.Thaler,Hee slayer o :11111‘ _ ee, 18070 Collins Avenue Rosin Breen.Commissioner n Sunny Isles Beach, Florida 33160 Gerry Goodman,Commissioner t x Danny Iglesias,Commissioner X3 ) X30505) 949-31947-060613 City Fox Hall Christopher J.Russo,City Manager WHans Minot,City Attorney. X305) 947-2150 Building Department Jane A.Hines,City Clerk or :e l (305) 947-5107 Fax MEMORANDUM TO: The Honorable City Commission FROM: Christopher J. Russo,City Manager 4'q DATE: September 8, 2005 F RE: OFT SUNNY ISLES YING THE EBEACHIANDN O SILTEK CITY GROUP INC. FOR THE 181" DRIVE ACTIVE PARK PROJECT. RECOMMENDATION Ratifying the execution of an agreement between the City of Sunny Isles Beach and Siltek Group Inc., for the construction of the 181" Drive Active Park Project. REASONS The attached resolution ratifies the agreement entered into between the City of Sunny Isles Beach and Siltek Group Inc., for the construction of the 181" Drive Active Park. Based upon negotiations,the agreement has the following additional provisions: a. The procedure for the City to maintain the ten percent(10%) retainage throughout the construction of the park and its facilities. b. The procedure for the City to directly purchase materials for the project. c. Clarifications regarding the insurance requirements. ADDITIONAL INFORMATION Siltek Group, Inc. has agreed to undertake this project in the amount of Seven Million One Hundred Fifty-Four Thousand Three Hundred Dollars and Five Cents ($7,154,303.05). The agreement was substantially approved by the City Commission pursuant to Resolution No. 2005- 814 and provided the City Manager with the authority to do all things necessary to effectuate the terms of the agreement. CJR/iw Agenda Item Ratifying Execution of %gmccment hnwccn SIB and S.1¢1(roup Agenda Memo Date