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HomeMy WebLinkAboutReso 2008-1221 RESOLUTION NO. 2008- ~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AWARDING BID NO. 07-10-02 TO AND ENTERING INTO AN AGREEMENT WITH SOUTHEASTERN ENGINEERING CONTRACTORS, INC. FOR THE CONSTRUCTION OF THE CENTRAL ISLAND DRAINAGE AND STREET IMPROVEMENTS PROJECT, IN AN AMOUNT NOT TO EXCEED THREE MILLION SIX HUNDRED THIRTY-FIVE THOUSAND EIGHT HUNDRED FIFTY-TWO DOLLARS TWO CENTS ($3,635,852.02), ATTACHED HERETO AS EXHIBIT "A", BASED ON THE PRICING, TERMS, AND CONDITIONS LISTED IN THE BID RESPONSE, ATTACHED HERETO AS EXHIBIT "B"; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THE AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has continuously experienced problems with flooding in the Central Island area, and was in need of engineering services for drainage improvements in the Central Island area; and WHEREAS, on December 18, 2003 the City Commission, via Resolution No. 2003-628, approved an agreement with Beiswenger, Hoch & Associates for Stormwater System Design, Technical Assistance and Bidding Process for Central Island Stormwater Drainage; and WHEREAS, the City is now in need of a contractor to furnish all materials, equipment and labor for the Central Island Drainage and Street Improvements Project in the City of Sunny Isles Beach; and WHEREAS, the City issued and advertised Bid No. 07-10-02, the Central Island Drainage and Street Improvements Project, for which fourteen (14) responses were received; and WHEREAS, staff has determined that the bid response from Southeastern Engineering Contractors, Inc. attached hereto as Exhibit "B", is the lowest most responsive responsible bid; and WHEREAS, Beiswenger, Hoch and Associates, our consultants, have recommended the bid award, based on a careful review of the line items and consideration for the Contractor's reputation; and WHEREAS, Southeastern Engineering Contractors, Inc. has expressed its ability and desire to provide these services; and WHEREAS, the City wishes to award Bid No. 07-10-02 to and enter into an agreement with Southeastern Engineering Contractors, Inc. to provide services on a unit price basis for the Central R2008- Southeastern Engineering Contractors Central Island Drainage Proj (Bid 07-10-02) Page 1 of] Island Drainage and Street Improvements Project, in an amount not to exceed Three Million Six Hundred Thirty-Five Thousand Eight Hundred Fifty-Two Dollars Two Cents ($3,635,852.02), 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. Award of Bid and Approval of Agreement. The City Commission hereby awards Bid No. 07-10-02 to and enters into an agreement with Southeastern Engineering Contractors, Inc. for the Central Island Drainage and Street Improvements Project, in an amount not to exceed Three Million Six Hundred Thirty-Five Thousand Eight Hundred Fifty-Two Dollars Two Cents ($3,635,852.02), attached hereto as Exhibit" A", based on the pricing, terms, and conditions listed in the bid response, attached hereto as Exhibit "B". Section 3. Authorization of Mayor. The Mayor is hereby authorized to execute said Agreement. Section 4. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate the terms of this Agreement. Section 5. Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 21st day of February 2008. idt/uv. b ATTEST: c5~ t..- U~_ Jane A. Hines, CMC, City Clerk R2008- Southeastern Engineering Contractors Central Island Drainage Proj (Bid 07-10-02) Page 2 of3 ,- I Vote: L/-O-I Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl V(Y es) Ph>~es) ----l.L (Yes) ~(Yes) (Yes) Moved by: Co~ ~\40LL Seconded by: Cn~ B'R~'"2.1 f\) _(No) _(No) _(No) _(No) _(No) R2008- Southeastern Engineering Contractors Central Island Drainage Proj (Bid 07-10-02) Page 3 of 3 EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE CONTRACT NO: C0708-044 THIS AGREEMENT is dated as of the Olil ~ day of F'ebr~ in the year 2008 by and between CITY OF SUNNY ISLES BEACH (hereinafter called WNER) and Southeastern Engineering Contractors, Inc, (hereinafter called CONTRACTOR), OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Drainage and Street Improvements in the Central Island Neighborhood, limited by the NE 183rd and 174th Streets along the north and south respectively and Collis A venue (AlA) and the Dumfoundling waterway along the east and west sides respectively. The work includes asphalt milling and resurfacing, street widening, bicycle paths, drainage structures and associated drainage piping and the construction of 26 drainage (deep) wells, in addition to signing, marking and miscellaneous concrete work, sidewalks, curb and gutter and valley gutters. Article 2. ENGINEER. The Project has been designed by: Beiswenger, Hoch and Associates Inc 510 Shotgun Road Suite 400 Sunrise, Fl. 33326 who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES, 3.1. The Central Island Street and Drainage Improvements project will be substantially completed within 365 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions within 395 calendar days after the original 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, Southeastern Engineering Contractors, Inc. -1- I 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 ($1,500,00) for each day that expires after the time specified in paragraph 3.1 for each Substantial Completion date until the Work is substantially complete. If CONTRACTOR shall neglect, refuse or fail to complete the project by the project completion date within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER an additional One Thousand and 00/100 dollars ($1,000.00) for each day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 4.1 below: 4,1 FOR A LUMP SUM CONTRACT OF: TOTAL BASE BID (Lump sum, Unit prices, and contingency items) Three Million Six Hundred Thirty Five Thousand Eij!ht Hundred and Fifty Two Dollars and Two Cents ($ 3,635,852.02) 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. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions, 5.1. Progress Payments; Retainage. OWNER shall make progress payments on account of the contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by ENGINEER, on or about the last day of each month during construction as provided in paragraphs 5.1.1. and 5.1.2. below. All such payments will be measured by the schedule of values established in Paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Paragraph 14.02 of the General Conditions. Southeastern Engineering Contractors, Inc. -2- ~ % 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. ...2!L % (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 FDOT 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-built and upon substantial completion of the project and in accordance with Paragraph 14.02 of the General Conditions, 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14,07. Article 6, INTEREST. (Not Applicable) Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Paragraph 8.9) 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 Southeastern Engineering Contractors, Inc, -3- provided in Paragraph 4.02.A 1. of the General Conditions. CONTRACTOR accepts the determination set forth in Paragraph SC-4 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 4.02 B of the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7,5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents, 7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1 toR inclusive). 8.2. Exhibits to this Agreement (page) A inclusive). 8.3. Performance, Payment, and other Bonds, identified as exhibits 00600 and 00601 and consisting of -.i.- pages. Southeastern Engineering Contractors, Inc. -4- 8.4. Notice to Proceed. 8.5. General Conditions (pages 00700-1 to 00700-45, inclusive). 8.6. Supplementary Conditions (pages 00800-1 to 00800-13, inclusive) and any amendments thereto. 8.7, Specifications bearing the title General Specifications and consisting of 15 pages. 8.8, Drawings consisting of cover sheet and sheets numbered consecutively 2 thru 114 , inclusive. 8.9. Addenda 8.10. CONTRACTOR's Bid. 8.11. Specifications bearing the title Division II Special Provisions Consisting of 15 pages. 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. 8.13 Amendments and Additions to the Standard General Conditions of the Construction Contract and the Supplementary Conditions, identified as exhibits 01000 and 0100 and consisting of N/ A pages. 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 8, 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. Southeastern Engineering Contractors, Inc. -5- 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. 9.4.1 ARBITRATION: It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 9.5. OTHER PROVISIONS. 9.5,1. DRAWINGS PROJECT NAME: Central Island Drainage and Street Improvements Project No. DESCRIPTION SHEET NO. Cover Sheet Typical Sections General Notes and Miscellaneous Details Summary of Quantities Survey Control Plan Survey Control Points Curve Data and Coordinates Plan Layout Plan and Profiles Drainage Structures Drainage Details Pavement Core Results Exfiltration Tests Southeastern Engineering Contractors, Inc. 1 2-4 5 6 7 8 9 10 11-37 38-39 40-41 42 43 -6- Cross Sections Traffic Control Notes Traffic Control Plans Signing and Marking Plans 44-91 92 93-97 98-114 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 BEISWENGER, HOCH AND ASSOCIATES Inc. and their official agents and employees, from or on account of any injuries or damages received or sustained by any person or person during or on account of any operations connected with the construction of all Work; or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said CONTRACTOR, subcontractor, agents, servants, or employees; and 9.5.3. The CONTRACTOR agrees to maintain in force at all times during the life of the construction, public liability insurance, by separate certificate, in an amount not less than $1,000,000 for injuries, including willful death, to anyone person and subject to those same limits for each person, in an amount not less that $1,000,000 for damages as a result of each 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 BEISWENGER, HOCH AND ASSOCIATES Inc. their official 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 lack 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. (The remainder oj this page has been intentionally left blank) Southeastern Engineering Contractors, Inc. -7- This Agreement will be effective on of the Agreement). , 2008 (which is the Effective Date BY:~~ (Co pOluL a ry's Signat By: (t (Corporate President's Si Attest: Approved: As Witnessed: Eduardo Dominguez (Print Corporation President's Name) ByR~ ~ As Witnessed: APPROVED: By ~ A-iL- Jane A. Hines" City Clerk Approved as to Form and Legality: Southeastern Engineering Contractors, Inc. -8- CERTIFICATE AS TO CORPORATE PRINCIPAL I, Vivian Dominquez , certify that I am the Secretary of Southeastern Engineering Contractors, Inc. , and that Eduardo Dominguez , who signed the Bid with City of Sunny Isles, Dade County Florida fur Central Island Drainaqe & Street Improvements City Sunny Isles Beach is President Bid 07-10-02 No. of said Corporation with full authority to sign said Bid on behalf of the Corporation. Signed and sealed this ~ day of March ,2008. (SEAL) ~~i;:r~> Vivian Dominguez, Secretary Typed w/Title ST A TE OF FLORIDA COUNTY OF MIAMI-DADE SWORN TO AND SUBSCRIBED before me this -=- day of March ,2008. My Commission Expires: ZOE SANTEIRO MY cC' "j'SSION # DD526081 Southeastern Engineering Contractors, Inc. -9- CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL I Vivian Dominguez , certify that I am the Secretary of Southeastern Enqineerinq Contractors, Inc. who signed the Bid with City of Sunny Isles Beach, Dade County [<,Iorida for the project titled Central Island Drainage and Street Improvements. Beiswenger, Hoch and Associates Inc. Project No. 07-10-02 , and that the following persons have the authority to ~ behalf of the Corporation: Eduardo Dominguez, Pres. (Typed Name w/Title) (Signature) (Typed Name w/Title) (Signature) (Typed Name w/Title) Signed and sealed this ~ day of March ,2008. (SEAL) ~)~ ' - 2 Vivian Dominguez, se~retarY Typed w/Title STATE OF FLORIDA COUNTY OF MIAMI-DADE SWORN TO AND SUBSCRIBED before me this ~ day of March ,2008. My Commission Expires: ~U(f.t. ~ ~ ~JlNI~ .,~~~ ( ZC',~ S;\j~lTE{RO MY Cf': ':t.:.,"-.,:)N ,t DD526081 EX \:-=.:. M;tr. 6,2010 ~,:~r..",., ""'~"'''I "::LV'I/,'CD com . ,. .-.... - '.. . .~,. ~,,,.., , . -,~''''''",,''-._.... Southeastern Engineering Contractors, Inc. -10- THIS PAGE INTENTIONALLY LEFT BLANK Southeastern Engineering Contractors, Inc. - 11- ACORDN CERTIFICATE OF LIABILITY INSURANCE OP IDc4 SOUTH76 01/30/08 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW. DATE tMMlDDfYYVYI PRODUCER BROWN & BROWN OF FLORIDA INC 8000 GOVERNORS SQUARE BLVD 400 MIAMI LAKES FL 33016-1588 Phone: 305-364-7800 Fax: 305-822-5687 J~NSU~~~~~FFORDING COVERAGE ~NS~~=-RA VALLEY FORGE INSURANCE CO INSURER B TRANSPORTA.TlON INSURANCE co -"----'-- .---.-------- ~~s~~~~~--.,_-. I INSURER 0 ~ --.- ~-- ~- .------ ._.__._-------~----- 1 INSURER E NAIC# 20508 20494 INSURED SOUTHEASTERN ENGINEERING CONTRACTORS INC 12054 NW 98TH AVENUE HIALEAH GARDENS FL 33018 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE fOR THE POLICY PERIOD INDICATED NQTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER OOCUMENTVVlTH RESPECT TO ~ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS ex.eLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR DD'L ---- POLICY EFFECTIVE POLICY EXPIRATION LTR NSRD TYPE OF INSURANCE POLICY NUMBER OA TE (MMlDD!YYI DATE (MM'ODIYV) LIMITS GENERAL LIABILITY EACH OCCURRENCE , 1,000,000 - DAMAGE TO RENTED A X ~ COMMERCIAL GENERAL LIABILITY TCP2082754511 01/31/08 01/31/09 PREMISES (Ea occurence) , 100,000 - tJ ClAIMS MADE ~ OCCUR MED EXP (Anyone person) , 5,000 X WAIVER OF SUBRO PERSONAL & ADV INJURY , 1,000,000 - GENERAL AGGREGATE ,2,000,000 - GENOL AGGREGATE LIMIT APPLIES PER PRODUCTS 0 COMPIOP AGG , 2,000,000 I POLICY ~PRO- nLOC Empl 1,000,000 X JECT Ben. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT - , 1,000,000 A ~ ANY AUTO C2082754525 01/31/08 01/31/09 (EaacCldenl) ALL OWNED AUTOS BODIL Y INJURY - , SCHEDULED AUTOS (Perpers.on) - t ~ HIRED AUTOS BOOIL Y INJURY I, X NON-OWNED AUTOS (Per accident) t-- - I - ------. I I PROPERTY DAMAGE IIPeraCCldent) GARAGE LiABILITY AUTO ONLY. EA ACCIDENT , =1 ANY AUTO ,--. OTHER THAN EAACC , -- AUTO ONLY AGG , EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE , 2,000,000 B U OCCUR D CLAIMS MADE C2081302155 01/31/08 01/31/09 AGGREGATE ,2,000,000 , ~ ~EDUCTIBLE I , X RETENTION ,10,000 , WORKERS COMPENSAT1ON AND I T~ ~~~~~- I 10TH- ER EMPLOYERS' LiABILITY Am PROPRIETORIPARTNERlEXECUTlVE EL EACH ACCIDENT , OFFICERfMEMBER EXCLUDED? ~: DISEASE.:. EA EMPLOYEE , If yes. de5Cfibe unde' SPECIAL PROVISIONS below E L DISEASE. POLICY LIMIT , OTHER I I I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS *10 Days Cancellation applies for non payment Certificate Holder is Additional Insured with regard to General Liability when required by written contract Re: Central Island CERTIFICATE HOLDER CANCELLATION CITYl60 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN CITY OF SUNNY ISLES BEACH RICK CONNOR 18070 COLLINS AVENUE SUNNY ISLES BEACH FL 33160 NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR ACORD 25 (2001/08) @ACORD CORPORATION 1988 I IMPORT ANT 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) ~- ~ Construction Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): OWNER (Name and Address): CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, Florida 33160 CONSTRUCTION CONTRACT Date: Amount: $ Description: Central Island Drainage and Street Improvements, City of Sunny Isles Beach, FI. 33160 PROJECT NAME: Central Island Drainage and Street Improvements City of Sunny Isles Beach, FI. 33160 BOND Date (Not earlier than Construction Contract Date): Amount: $ Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company (Corp. Seal) SURETY Company (Corp. Seal) Signature: Name and Title: Signature: Name and Title: CONTRACTOR AS PRINCIPAL Company (Corp. Seal) SURETY Company (Corp, Seal) Signature: Name and Title: Signature: Name and Title: 00600-1 EJCDC No. 1910-28B (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. r---- I. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors. administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3, With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment. directly or indirectly, for all sums due. 4, The Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and senl a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with the Contractor: I. Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating. with substantial accuracy, the amount of the claim and the name of the party to whom the malerials were furnished or supplied or for whom the labor was done or perfornled: and 2. Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly: and 3. Not having been paid within the above 30 days. have sent a written notice to the Surety (at the address described in paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2, Payor arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owned by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligalions to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time. to the Construction Contract or to relate subcontracts. purchase orders and other obligations. II. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Subparagraph 4.1 or subparagraph 4.2(3), or (2) on which the last labor or service was perfornled by anyone or the last materials or equipment were furnished by anyone under the construction Contract, whichever of ( I) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be acceptable. 12. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page, Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished. shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conllicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made, 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power. light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract. architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipmenl were furnished. 15.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto, 15.3. Owner Default: Failure of the Owner. which has neither been remedied nor waived. to pay the Contractor as required by the Construction Contract or to perfornl and complete or comply with the other terms thereof. (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): 00600- 2 EJCDC No. 1910-28B (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. ". This document has imponant legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law, STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ~G~~JOThITCO~CTDOCUME~COMMmnEE and J~ Issued and Published Jointly By National Society of Professional Engineers Professlunal Engineers In Private Praclice 4SaE AMERICAN CONSULTING ENGINEERS COUNCil PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NA TlONAL SOCIETY OF PROFESSIONAL ENGINEERS AMERICAN SOCIETY OF CIVIL ENGINEERS AMERICAN CONSULTING ENGINEERS COUNCIL AMERICAN SOCIETY OF CIVIL ENGINEERS TIlls document has been approved and endorsed by Tho ^"'>cia,,,, ='" T Contra""" of Am,,;ca Construction Specifications Institute ~~ These General Omditions have been prepared for use with the Owner-Contractar Agreements (No. 1910-8-A-l or 1910- 8-A-2) (19% Editions). Their provisions are interrelated and a change in one may neCessitate a change in the other. Comments concerning their usage are contained in the EJCDC User's Guide (No. 1910-50). For guidance in the preparation of Supplementary Conditions. see Guide to the Preparation of Supplementary Conditions (No. 1910-17) (1996 Edition). r Elcne No. 1910-8 (1996 Edition) Copyright C>1996 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314 American Consulting Engineers Council ]015 15th Street N.W., WashiI;gton, DC 20005 American Society of Civil Engineers 345 East 47th Street, New York., NY 10017 00700 . 2 TABLE OF CONTENTS ~ ~ ARTICLE 1 - DEFINITIONS AND TERMINOLOGY . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . 00700 - 6 1.01 Defined Temls ,...,........................,. - . . . . . . . . . . . . . . . . . . . 00700 - 6 1.02 Tenninology. . . . . . . . . . . . . . . . . , . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 8 ARTICLE 2 - PRELIMINARY MA TIERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . 00700 - 9 2.01 Delivery of Bonds _..... _ . _ _ . . . . . . . _ . . . . . . . . . . . . - . . . . . . . . . . . . . . , . . . 00700 - 9 2.02 Copies of Documents ............,..............................,',. 00700 - 9 2.03 CommencemenJ of Contract Times; No/ice to Proceed .................,....".. 00700 - 9 2.04 Starring the Work .....,. _ . . , . . . . . . . . . . . . . . . . . - . . . . . , . - - . . - , . . , . , . . 00700 - 9 2.05 Before Starring Construction .........,.........,... - . . . . , . . . - - . . . . . . . - 00700 - 9 2.06 Precons/ruc/ion Conference .. . . . . . . . , . . . . . . . . . . , . . . . . , , . . . . . . . . . . . . . . 00700 - 10 2.07 Initial Acceptance of Schedules . . . . . . , . , . . . . . . . . . . . . . . . . . , . , ' . . . . . . . . . . 00700 - 10 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ..................,. 00700 - 10 3.01 [n/ellt. . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 10 3.02 Reference S/Oluiilrds ,.............,........................,....... 00700 - 10 3.03 Reporting and Resolving Discrepancies. . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . 00700 - 11 3.04 Amending and Supplementing Contract Documents ........................... 00700 - 11 3,05 Reuse of Documents. . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 11 ARTICLE 4 - A V AILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS ......,....,.....,.... _ . . . . ' . . . , . , , . . . . . . . . . , . 00700 - 11 4.01 Availability of Lands .....,......,..........,...................... 00700 - 11 4.02 Subsurface OluJ Physical Condi/ions . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . , . 00700 - 12 4.03 Differing Subsurface or Physical Conditions _ , . . , . . . . . . . . . . . . . . . . . . . . . . . . , . . 00700 - 12 4.04 Underground Facili/ies . . . . , . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . 00700 - 13 4.05 Reference Points . . , . . . . . . , . , . . . . . . . . , , , . . . . . . . . . . . . . . , . , . . . . . . - . . 00700 - 13 4.06 Hazardous Environmental Condition a/ Site _ . . . . , . . . . . . . . . . . . . . . . . . . . . . . , . . 00700 - 14 ARTICLE 5 - BONDS AND INSURANCE . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . ' . , . . . . . , . . . . 00700 - 15 5.01 Performance, Payment, and Other Bonds ........ _ . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 15 5.02 [JCf.nsed Sureties and Insurers ..,.............. _ . . . . . - . . . . . . . . . . . . . . . . 00700 - 15 5.03 Certificates of Insurance ... . . . , . . . . . . . . _ . . . _ . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 15 5.04 CONI'RACTOR's Liability Insurance ............. . . . . . . . . . . . . . . . . . . . . . . . 00700 - 15 5.05 OWNER's liability Insurance. . . . . . . . . .. . . . _ _ . . , . . . . . . . . . . . . . . . . . . . . . . 00700 - 16 5.06 Property Insurance ........................................ - . . . . . . 00700 - 16 5.07 Waiver of Righ1s .. . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . 00700 - 17 5.08 Receipt and Application of Insurana Proceeds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 18 5.09 Acceptance of Bonds and Insurance: Option to Replace .........,.. .. . . . - . . . . . . . 00700 - 18 5.10 Partial Utilization, Acknowledgmen1 of Property Insurer . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 18 ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ................ _ . . . . . . . . . . . - . . . . . . 00700 - 18 6.01 Supe/1!ision and Superintendence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . .-. . . . 00700 - 18 6.02 Labor; Worldng Hours ....,.... _ . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . 00700 - 19 6.03 Se/1!ices, MaJerials, and Equipment . . . . . _ . . . . , . . . . . . . . . . . . . . . . . . . - . . . . . . 00700 - 19 6.04 Progress Schedule . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . _ . . - . . . . . . - . . . . . . . 00700 - 19 6.05 Substitutes and "Or-Equals" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 ~ 19 6.06 Conaming Subconrractors. Suppliers, and Others. . . _ . . . . _ . . . . . . . . . . . . . . . . . . . 00700 - 20 6.07 Patent Fus and Royalties ..................'.....................,... 00700 - 21 6.08 Pennits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . - . . . . . . . 00700 - 21 6.09 Laws and Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . '. . . . . . . . . . . . . . 00700 - 22 6.10 Taxes. . . . . . . . . . . . . . . . . . . . . . . . . . . -. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 22 6.11 Use of SUe and Other.Areas . . . . . . . . . . . . . : . . . . . . . . . . . . . : . . . . . . . . . . . . . . 00700 - 22 6.12 Record D~s . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . _ . . . . . . . . . . . . . . . . . . . 00700 - 22 6.13 Safety and Protection ,..........................................,.. 00700 - 23 6.14 Safety Represenrative ............................................... 00700 - 23 6.15 Hazard Communication Programs . . . . . . . . . . . ',' . . . . . . . . . . , . . . . . . . . . . . , . . 00700 - 23 00700 - 3 6.16 Emergencies. . . . . . . . . . . . . . . . . , . . . . . . , . . . . . . . . . . . . . . . . - . . , . , . . . . . 00700 - 23 6, 17 Sfwp DraJi,ings and Sampl~s . . . . . . . . . . . . . . . . , . , . . . . . . . . . . . . . , . . . . . . . . . 00700 - 23 6. 18 Continuing the Work . , . . . . . . . . . . . . . . . . . . . , . , . . . . . . . . , . . . . . . . , , . . . . . 00700 - 24 6.19 CONTRACTOR's General Warrant)' and Guarantee, , . . . . . . . . . . . . . . . . . . , . . . . . . 00700 - 25 6.20 ltuJernnijicarion. . , . . , . . . . , . . . . . . . . . . . . . . . ' , , . . , . , , . . . . . . . . . . . . . , . 00700 - 25 ARTICLE 7 - OTHER WORK ...............,. . , . . . . . . . , . . . . . . . . . . . . . . . . . . . . , . . . 00700 - 26 7.0 I Related Work ar Sire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . 00700 - 26 7.02 CoordinaJion. . . . . . . . . . . . . . . . . . , . . . . . . . . . , . . . . . . . . . . . . . . . , . . . . . , 00700 - 26 ARTICLE 8 - OWNER'S RESPONSIBILITIES ......,.....,.....................".... 00700 - 26 8.01 Communications to Contractor . . . . . . . , . . . . . . . , . . . . . . . . . . . . . . . . . . . , . . . . 00700 - 26 8.02 Replacement of ENGINEER . . . . . . . . , . , . . . . . . . . . . . . . . . . . . . . . . , , , . . . . . . 00700 - 26 8.03 Furnish Data .,.................,....,.......,..........,.,..... 00700 - 26 8,04 Pay Promptly When Due . . . . . . , . . . . . , . . , , . . . . . . . . . . . . , . . , , , . . . , . . . . . 00700 - 26 8.05 Lands and Easemelus; Reports and Tests. . . . . . . . . . . . . . . . . . , . . . . . , . . . . . . . . . 00700 - 26 8.06 Insurance.,. . . . . . . . . . . . . . . . . , , . . . . . ' . . , . . , . . . . . . . . . , . . . . , . . . . . 00700 - 27 8.07 Change Orders . . . . ' . . . . . . . . . . . , . . , . . . . . . . . . . . . . . . . . . . , . . . . . , . . . . 00700 - 27 8.08 Inspections. Tests. and ApprovaLf .....,......,..............,.......... 00700 - 27 8,09 Limitations on OWNER's Responsibilities .....................,.....,..... 00700 - 27 8.10 Undisclosed Ha:z.ardous Enviro~nla1 Condition ............................ 00700 - 27 8.1 I Evidence of Financial Arrangements. . . . . . . . . . . . . . . . . . . . . . , . . . , . . . . . . . . . . 00700 - 27 ARTICLE 9 - ENGINEER'S STATUS DURlNG CONSTRUCTION. . . . . . . . , . . . . . . . . . . . . . . , . . . 00700 - 27 9.01 OWNER'S Represernative ..........,.....................,.....,.... 00700 - 27 9.02 Visits to Site , . . . . . . , . , , , . . . . . . . . . . . . . . . . . . . , . , . . . . . . , . . . . . . . . . . . 00700 - 27 9.03 Project Represcnrarive .....,........,...........,.............,.... 00700 - 27 9.04 Cla.rijications and Inrcrpretations ....."............... _ . . . . . . . . . . . . . . . 00700 - 28 9.05 Autfwrized Variations in Work ,.......,.....................,......... 00700 - 28 9.06 Rejecting Defective Work. . . . . . , . . . . . . . , . . . . . . . . . . , . . . . . . , . . . . . . . . . . . 00700 - 28 9,07 Shop Drawings, Change Orders mui Paymenrs . . . . , . . . . . . , , . . , . . . . . . . . . . . . . . 00700 - 28 9.08 DetennilUltions for Unit Price Work. . . , . . . . . . . . . . . . . . . . . . . . . , . . . . . . , . . . . 00700 - 28 9.09 Decisions on Requiremerns of Conrract Documenrs and Acceptability of Work .,...,.... 00700 - 28 9.10 Limitations 011 ENGINEER's Authority and Responsibilities . . . , . . . . . . . . . . . . . . . . . . 00700 - 28 ARTICLE 10 - CHANGES IN THE WORK; CLAIMS .............................".... 00700 - 29 10.01 Autfwrized Clumges in the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 29 10.02 UnauJfwmed Changes in the Work ..................................... 00700 - 29 10.03 Execution of Oumge Orders. . . . . _ . . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . 00700 - 29 10.04 Notification to Surety ............ _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 29 10.05 C1ailTlS and Disput~ . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . - . . . . . . . . . - . . . . . 00700 - 30 ARTICLE 11 - COST OF mE WORK; CASH AllOWANCES; UNIT PRICE WORK . . . . . . . . . . . . . . 00700 - 30 11.01 Cost of the Work .. _ . . . . . . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . . . , . . . . . . . . . 00700 - 30 11.02 Cash Allowances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 32 11.03 Unit Price Work ....................,............................ 00700 - 32 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ...........,. 00700 - 33 12,01 QlOnge of Contract Price ............................,........,..... 00700 - 33 12.02 Change of Contract Times ............ . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . 00700 - 33 12.03 Delays Beyond CONTRACTOR's Control ....,....... _ . . . . . . . . . . . . . . . . . . . . 00700 - 33 12.04 Delays Within CONTRACTOR's Control. . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 12.05 Delays Beyond OWNER's and CONTRACTOR's Control. . . , . . . . . . . . . . . . , . . - . . . . 00700 - 34 12.06 Delay Damages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . 00700 - 34 Notice of Defects '. .~, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00700 - 34 Acc~s to Work . . . . . . . . . . . . '.' . . . . . . . ';' . . . . . . . _ . _ . . . . . . . . . . . . . . . . . 00700 - 34 Tests and Inspections ...........,.................... . . . . . . . . . . . . . . 00700 - 34 Uncovering Work. . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . 00700 - 35 OWNER May Stop the Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . 00700 - 35 Correction or Removal of Dqective Work ......................... , . . - . . . - 00700 - 35 13.01 13.02 13.03 13.04 13.05 13.06 00700 - 4 0\ R 13.07 Correction Period ..,... . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . 00700 - 35 13.08 Acceptance of Defective WaTt. . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . 00700 - 36 13.09 OWNER May Correct Defective WaTt. . . . . . . . . . . . . . . . . , , . . . . . . . . . . . . . . . . . 00700 - 36 ARTICLE 14 _ PAYMENTS TO CONTRACTOR AND COMPLETION. . . . , . . . . . , . . . , . . . . . , , . . 00700 - 36 14.01 Schedule of Values. . . , . . . . . . . . . . . . . . . . . . . , . . . . . , . . . . . . . . . . . , , . . . . . 00700 - 36 14.02" Progress PaymenlS . . , . . . . . . . . . . . . . . , . . . . . . . . . , . . . . . . , . . . . . . . . . , . . . 00700 - 37 14.03 CONTRACTOR's Warranty of Title ..................................... 00700 - 38 14.04 Substantial Completion ..... . . . . . . . . . . . . . . . . . . ' . . . . ' . . . . . . . . . . . . . . . . 00700 - 38 14.05 Panial Utilization ......,........,.......... - . . . , . . . . . , . . . . . . . , . ' . 00700 - 39 14.06 Finallnspecrion ................,....................,........... 00700 - 39 14.07 Final Paymerl1 . . . . . . . , , . . , . . . . . . . . . . . . . . . . . . . . , . . . . . , . . . , , . . . . . . 00700 - 39 14.08 Filial Completion Delayed . . . . . . . . . . , . . . , . . . . . . . . . . . , . . . . . . . . . ' , , . . . . 00700 - 40 14.09 Waiver of Claims. . . . . . . , . . , . . . . . . . . . . . . - . , . . - . . , . . , . . , . . . . . . . . - . . 00700 - 40 ARTICLE 15 _ SUSPENSION OF WORK AND TERMINATION ....... - . . . - . . . . . . . . . . . . , . . . 00700 - 40 15.01 OWNER May Suspend Work. . . . . . . . . . . . . . . . . . . . . . - . . . . . . . . . . . . . . , , . . . 00700 - 40 15.02 OWNER May TerminaJefor Cause . . . . . , . . . . . . . . . . , . - . . - , . - . . . . . - . . . . . . . 00700 - 40 15.03 OWNER May TerminaJe For Convenience. . . . . . , . . . . , . . . . . . . . . . . . . . . . , , . . . 00700 - 41 15.04 CONTRACTOR May Slop WoTt or Terminate. . . . . . . . . . . . . . . . . . . , , . . . . . . , . . . 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 Compurarion of Times . . . ' . . . . . . . . . . . , . . . . . . . . . . . , . . . . . . . . , , , . . . . . . . 00700 - 42 17.03 CumulaJive Remedies .., . . . . . . . . , . . , . . . . . . . . . . . , . . ' . . , , , , . . . . . . . . . , 00700 - 42 17.04 Survival of Obligations ., . , . . . . . . . . . . . . ' . . . . . . . . . . . . . , . . . . . . . . . . ' . . . 00700 - 42 17.05 CorurolliTlg Law ..... _ . . . . . . . . . . . . . . . , . . , . . . . , . . , , , . , . . . . . . . - . . . . 00700 - 42 ,. 00700 - 5 GENERAL CONDITIONS ARTICLE I - DEFINITIONS AND TERMINOLOGY 1.0 I Defined Tenns A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below wiII bave tlle meanings indicated which arc applicable to both the singular and plural thereof. 1. Addenda--Wriuen or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement-The wrinen instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Appliauion for Payment-The form acceptable to ENGINEER which is to be used by CONTRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents . 4. Asbesto5--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. S. Bid-The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents-The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form wilh any supplements. 8. Bonds-Performance and payment bonds and other instruments of security. 9. Qumge Orfkr-A document recommended by ENGINEER which is signed by CONTRACTOR an.d OWNER and authorizes an addition., deletion, or revision in the Work: or an adjustment in the Contract Price or the 00700 - 6 Contract Times, issucd on or aftcr Ule Effcctive Date oj the Agreement. 10. Ciaim--A dcmand or assertion by OWNER 01 CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or botll, or other relief with respect to the tenus of the Contract. A demand for money or services by a third party is not a Claim. 11. Contrac(--The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12, Contract Documenls--The Contract Documents establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation 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 Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, togelher wilh all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or bard copies of the items listed in this paragraph are.Contract Documents. Files in electronic media format"of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are Dot Contract Documents. 13, Comma Price-The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Comma TImes-The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (1i) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written ,.recommendation of final payment. 15. CONTRACTOR-The individual or entity with wbom OWNER has entered into the Agreement. ~ 16. Cost of the Work--See paragraph 11.01.A for definition. 17. Drawings- TIlat part of the Conlract Documents prepared or approved by ENGINEER which graphically shows the scope. extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. 18. Effective Dale oj the Agreemell!--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 lhe last of the two parties to sign and deliver. 19. ENGINEER-The individual or entity named as such in the Agreemen!. 20. ENGINEER's Consul1ant-An individual or entity having a contnlct with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. ~. 21. Field Order--A written order issued by ENGI- NEER which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. 22. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of tbe Specifications. 23. Hazardous Environmental Condition-The presence at the Site of Asbestos. PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances tha1 may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. HCJ:l.ardous Waste-The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulations-Any and all applicable laws, rules, regulations, ordimnces, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. .. z " Ii 26. I1ens-Owges, security interests, or encumbrances upon Project funds, real property, or personal property. 00700 - 7 27. Milestone-A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 28. Notice of Award--The wrinen notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver llle Agreement. 29, Notice 10 Proceed--A written notice given by OWNER to CONTRACTOR fuing the date on which the Contract Times will commence to run and on which CONTRACTOR shall sUUi to perform the Work under the Contracl Documents. 30. O\lWER-The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Panial Utilization-Use by OWNER of a substan- tially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs--Polychlorinated biphenyls. 33. Petroleum-Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 34. Projed- The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual-The bOund documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Malerial-Source, special nuclear, or byproduct material as.defmed by the Atomic Energy Act of 1954 (42 use Section 2011 et seq.) as amended from time to time. , 37. Resident ProjeC1 Representative-The authorized representative of ENGINEER wh9 may be assigned to the Site or any part thereof. 38. Samples-Physical examples of materials, equipment, or workmanship that arc representative of some portion of the Work and which establish the standards 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 are specifically prepared or assembled by or for CON- TRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work, 40. Sife--Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be perfonned, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. 41. Specificarions-- That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcon/raclor--An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substalltial Campletion- The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that thc Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms ..substan1iaI1y complete" and ..substantia1.ly completed.. as applied to. all or part of the Work refer to Substantial Completion thereof. 44. Supplemenfary Canditions--That part of !he Contract Documents which amends or supplements these General Conditions. 45. Supplier--A manufacturer, fabricator, supplier, distributor, materialman. or vendor having a direct contract with CONTRAcroR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or an~ Subcontractor. 46. Undaground Facilities-All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, 00700 - 8 steam, liquid petroleum products, telephone or o!her communications, cable television, water, wastewater, stonn water, other liquids or chemicals, or traffic or other control systems. 47. Ullif Price Work--Work to be paid for on the basis of unit prices. 48. Work--111e entire completed construction or !he various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessar)' to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive--A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not changc the Contract Price or the Contract Times but is evidence thaI tlle parties expect that the change ordered or documented by a Work Change Directive will be incorporatcd in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50. Written Amendmeru-A wrinen statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreeinent and normally dealing with the nonengineering or nontechnical rather than strictly construction-related aspects of the Contract Documents. 1.02 Terminology A. Jruen/ of Certain Terms or Adjectives 1. Whenever in the Contract Documents the tcrms "as allowed," "as approved," or terms of like effect or import arc used, or the adjectives "reasonable, " "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for c;ompliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating othervrise). The \ use of any such term or adjective shall not 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 undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1. TIle word "dayn shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective, n when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been assumed by oWNER at Substantia! Completion in accor- dance with paragraph 14.04 or 14.05). D. Furnish, lrzstall, Perfomz, Provide 1. The word "furnish," when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install:' when used in connection wilh services, materials, or equipment, shall mean to put into use or place in final position said services. materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide," when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for illtended use. 4. When "furnish," "install," "perform," or "pro- vide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated othelWise in the Contract Documents, words or phrases which have a well-known technical or coostroetion industry or mde meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MA TIERS 2.01 Delivery of Bonds A, When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish, 2.02 Copies of DocumefUs A. OWNER shall furnish to CONTRACTOR up te tell copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement oj Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after lhe day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2,04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2;{)5 Before Starting Construction A. CONIRA.crOR's Review oj Contract Documents: Before undertaking each part of the Work, CONTRACTOR . shall carefully study and 'compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements.' COmRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity. or discrepancy which CO~1RACTOR may discover and shall obtain a written interpretation' or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall nol be liable to OWNER or ENGINEER for failure to report any conflict. error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known theo:of. 1" B. Preliminary Schedules.' Within ten days after the Effective Date of the Agreement (unle:;s otherwise specified 00700 - 9 in the General Requirements), CONTRACTOR shall submit to ENGINEER for its timely review: I. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal; and 3. a preliminary schedule of values for all of the Work which includes qUlilltilies and prices of items which when 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 performance of the Work, Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. C. Evidence of Insurance: Before any Work at the Site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance wruch either of them or any additional insured may reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and rnainULin in accordance with Article 5. 2.06 Preconstruction Conference A. Within 20 days after the Contract Times start to run, but before any Work at the Site is started, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to establish II working understanding among the parties as to the Work and to discuss the schedules referred to in paragraph 2.05.B. procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. 2.07 Initial Acceptance oJ Schedules A. Unless otherwise provided in the Contract Docu- ments. at least ten days before submission of the flrst Application for Payment a conference attended by CON- TRACTOR., ENGINEER. and others as appropriate will be held to review for acreptability to ENGINEER as provided below the schedules submitted in accor~ with paragraph Z.OS.B. CONTRACTOR shall have an additiooal ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be acceptable to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptancc will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. 2. CONTRACTOR's schedule of Shop Drawing and Sample submittals will be acceptable to ENGINEER if it provides a workable arrangement for reviewing and processing the required submittals. 3. CONTRACTOR's schedule 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. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Iment A. TIle Contract Documents are complementary; what is called for by one is as binding as if called for by all. B, [t is the intent of the Contract Documents to describe a functionally complete Project (or part thereot) to be constructed in accordance with the Contract Documents. Any labor. documentation, services, materials, or equipment that may reasonably be inferred from the Contract Docu- ments or from, prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications.'andinterpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations L Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations. whether such l;eference be &peCific or by implication. shall mean the standard, specification.. llliUlual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), 00700 - 10 ) except as may be otherwise specifically Sl<lted in the Contract Documents. 2, No provision of any such sWldard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents, nor shall any such provic;ioo or insuuction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the perfonnance of the Work or any duty or authority to undertake responsibility i.nconsistent with the provisions of the Contract Documents. 3.03 Reponing af/d Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within !be Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the perfonnance of the Work or of any standard, specification, manual or code, or of any insauction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with !be Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however. that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such ronflict. error, ambiguity, or dis- crepancy unless CONTRACTOR knew or reasonably should have known.thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically sl<lted in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instniction (whether or not specifi- cally incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Docwnents A. The Contract Docunlents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in ODe or more of the fol1owing ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive. B. The 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 intcf}Jrel<ltion or clarification. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect rootract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. TIlis prohibition will survive final payment, rompletioo, and acceptance of the Work, or termination or rompletion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - A V AILABlLITY OF LANDS; SUBSURFACE AND'PHYSICAL CONDmONS; REFERENCE POINTS 4.01 AvaiWbility afLands A. OWNER shall furnish the Site, OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRAcrOR and OWNER are una!?le to agree on entitlement to or on the amount or extent. if ~, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 00700 -11 B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title 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 mechanic's or construction lien again.~t such lands in accordance with applicable Laws and Regulations. C. CONTRACTOR sball provide for all additional lands and access thereto thaI may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Repons arul Drawings: Conditions identify: 'I11e Supplementary 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that ENGINEER has used in preparing the Conlract Docu- ments; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except UndergrOtll1d Facilities) that ENGINEER has used in preparing tlle Contract Documents , B. limited Reliance by CONTRACTOR on Technical Dara AU!horized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such ..technical data," CONTRAcroR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the rompleteness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, Opln1ons, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any -teChniCal data - or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A, Norice: If CONTRACTOR believes that any subsur- face or physical condition at or contiguous to the Site that is uncovered or revealed either: ]. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2, is of such a nature as to require a change in the Contract Documents; or 3. differs materially horn that shown or indicated in the Contract Documents; or 4. is of an unusual nature. and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Conlract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments I , The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that. the existence of such differing subsurface or physical condition causes an increase or decrease in CONTRACTOR's rost of, or time required for, perfor- mance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in paragraph 4.03.A; and ,.. b. with respect to Work that is paid for on a Unit Price Basis, any adjUSlment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03. 00700 - 12 ) 2. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably bave been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such fmal commitment; or c. CONTRACTOR failed to give the written llotice within the time and as required by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjusunem in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liabI;: to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to a1J fees and charges of enginecrs, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Undergrowul Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents . with respect, to existing Underground Facilities at or contiguous to the Site . is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRACfOR shall have full responsibility for: 8. reviewing and checking all such information and data, 00700 - 13 b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work. with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Under- ground Facilities and repairing any danlage thereto resulting from the Work. B, Nor Shown or indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not 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 disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and 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 facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment &hall be made in the Contrnct Price of Contract Times, or both, to the extent that they are attributable to the . existence or locationo! any Underground Facility that was not shown or . indicated or not shown or indicated , with reasonable .accuracy in the Contract Documents and that CONTRACfOR did not know of and could Dot reasonably have been expected to be-aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree OD entitlement to or on the amount or extent, if any. of any such adjustment in Contract Price or Contract Times. OWNER or CONTRACfOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Point~ A. OWNER shall provide engineering surveys to establish reference Points for construction which in ENtHNEER's judgment are Decessary to enable CON- TRACTOR to proceed with the W!Jrk. CONTRACTOR &ball be responsible for laying out the Work. shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference 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 replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous EnvironmelUal Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Ha7..ardous Environmental Condition identified at the Sile, if any, that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance IJy CONTRA crOR on Teclmical Data Autlwmed: CONTRACTOR may rely upon the general accuracy of the .. technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical daUl" is identified in the Supplementary ConditioDS. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: I. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, Op1llions and information contained in such reports or shown or indicated jn such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Sire by CONTRACTOR. SubcontraCtors, Suppliers, or anyone else for whom CON- TRACTOR is responsible, D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immedi- atdy: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGINEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected areaisor.b.as been rendered safe for the resumption of Work; or Oi) specifying any special conditions under which such Work may be resumed safely. If OWNER and . CONTRACTOR cannot .agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Tunes as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own-forCes or others jn accordance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other. consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that' roch Hazardous Environmental Condition: (i) was DOt shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (n) was not created by CONTRACIDR or by anyone for whom CONTRACTOR is responsible. Nothing 00700 - 14 } in this paragraph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers. architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing 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 entity's own negligence. 1. The provisions of paragraphs 4.02, 4.03, and 4,04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Perfonnance, Paymenl, and Olher Boruis A. CONTRACTOR shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the CoIl1raCt Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as provided otherwise by Laws or Regulations or by the Contract Documems. CONTRACfOR shall also furnish such other Bonds as are required by the Contract Documents. B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the FiIianciaI Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be acCompanied by a certified copy of such agent's authority 10 act. J C. If the surety on any Bond furnished by CON- 1RAcroR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.B, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety. both of which shall comply with the requirements of paragraphs 5.01.B and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obuincd from surety or insurance companies that arc duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Sucb surety and insurance companies shall also meet such additional requirements and qua1ificalions as may be provided in the Supplementary Conditions. 5.03 Cenificares of insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supple- mentary Conditions, certificates of insurance (and other evidence of insurance requested by OWNER or any other additional insured) which CONTRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain. 5.04 CONTRA CTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as.will provide protection from claims set forth below which may arise out of or result from CONTRACfOR's perform.ance of. the Work and CONTRACfOR's. other' obligations under the Contract Documents, whether it .is to be performed. by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: I. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's .employees; r 3. claims for damages because of bodily injury. sickness or disease, or death of. any person other than CONTRACTOR's employees; 00700 - 15 4. claims for damages insured by reasonably available personal injury liability coverage which are sus- tained: (i) by any person as a result of an offense directly or indirectly 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 death of any person or propeny damage arising oul of the ownership, mainlenance or use of any molar vehicle. B, The policies of insurance so required by t.his paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of all such additional insureds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under para- graphs 6.07,6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will Dot be canceled, materially changed or renewal refused until at least thirty days prior written notice bas been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has' been issued (and the certificates of i.nsurance furnished by the CONTRACfOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CONTRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims-made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall furnish OWNER and each other additional insured identified in the Supple- mentary Conditions. to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at fmal payment and one year thereaf1er). 5.05 OWNER's Liability Insurance A. In addition tatllc insurance required to be provided by CONTRACTOR under paragraph 5.04, OWNER, at OWNER's option, lIL1Y purchase and maintain at OWNER's expense OWNER's own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. 5.06 Propeny insurance A. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work al the Site in the amount of the full replacement cost thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 1. include the interests of OWNER, CONTRAC- TOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and any other individuals or entities identi- fied in the Supplementary Conditions. and the officers, directors, partners, employees, agents. and other consultants and subcontractors of each and any of them, each of whom is deemed to have an insurable interest and shall be listed as an additional insured; 2. be written OD a Builder's Risk "all-risk" or open peril or special causes of loss policy form that shall at least include insurance for physica1loss or damage to the Work, temporary buildings, false work, and materials and equipment in transit, and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the ~pplementaIy Conditions; 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 00700 - 16 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing 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; 5, allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect Wlti] fmal payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR, and ENGINEER with 30 days wrinen notice to each other additional insured to whom a certifi- cate of insurance has been issued. B. OWNER sluill purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include 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. C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and JTIllint{lined in accordance with paragraph .5.06 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 30 days prior written notice has been given to OWNER and CONTRACfORand to each other additional insured to whom a certificate of insurance has been issued and will contain waiver provisions in accordance with paragraph 5.07. D. OWNER. shall oot be responsible for purchasing and maintaining any property insurance specified in this paragraph 5.06 to protect the interests of CONTRACTOR, Subcontractors, or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR, Subcontractors, or others suffering any such loss, and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. E. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under paragraph 5.06, OWNER shall, if possible, include such insurance. and the cost thereof will be charged to CQN1RACTOR by appropriate Change Order or Written Amendment. Prior to commencement of the Work at the Site, OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. 5.07 Waiver of Rights A. OWNER and CONTRACTOR intend that all policies purchased in accordance with paragraph 5.06 will 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, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) in such policies and will provide primary coverage for all losses and damages caused by the perils or causes of loss covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage the insurers will have DO rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRAC- TOR waive all rights against each other and their respective officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for al] 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 property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGrNEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplemen- tary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) under such policies for losses and damages so caused. None of the above waivers sluill extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. B. OWNER waives'all rights against CONTRACfOR, Subcontractors, ENGINEER-ENGINEER's Omsultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them for: 1. loss due to business intenuption, loss of use, or other coosequentialloss extending beyond direct physical loss or damage to OWNER's property or the Work caused by, arising out of, or resulting from frre or other peril whether or not insured by OWNER; and 2. loss or damage to the completed Project or part . thereof caused by, arising out of, or resulting from fue or - otl}er insured peril or cause of loss covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utiliz.ation pursuant to paragraph 14.05, after Substantial Completion 00700 - 17 B. OWNER as fiduciary shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within IS days after the occurrence of loss to OWNER's exercise of this power. If A. CONTRACTOR shall supervise, inspect, and direct such objection be made, OWNER as fiduciary shall make the Work competently and efficiently, devoting such attention settlement with the insurers in accordance with such thereto and applying such skills and expertise as may be agreement as the parties in interest may reach. If no such necessary to perform the Work in accordance with the agrec:mc:ot among the parties in interest is reached. OWNER Contract Documents. CONTRAcroR sbal.l be solely as fiduciary shall adjust and settle the loss with the insurers respoosible for the means,. methods. techniques. sequences, and, if required in writing by any party in interest, OWNER." 'and procedures ofconstructi~ 'but CONTRACTOR sbal.l as fiduciary shall give bond for the proper performance of not be responsible:for:the negligence of OWNER or such duties. ENGINEER in the .design .or. specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CONTRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. pursuant to paragraph 14,04, or after final payment pursuant [0 paragraph 14.07. C. Any insurance policy maintained by OWNER cover- ing any loss, damage or consequential loss referred to i.n paragraph 5.07.B shall contain provisions to the effect tilat in the event 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 Consultants and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them. 5.08 Receipt and Applicmion of InsuraJlce Proceeds A. Any insured loss under the policies of insurance required by paragraph 5.06 will be adjusted with OWNER and made payable to OWNER as fiduciary for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.DS.B. OWNER sball deposit in a separate account any money so received and shall distribute it in accordance with such agree- ment as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall 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 Acceptance of Boruls and Insurance; Option 10 Replace A. If either OWNER or CONTRACTOR has any objection to the coverage afforded by or other provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the objecting party shall so notify ~e other pany in writing within 10 days after receipt of the certificates (or other evidence requested) required by paragraph 2.05.C. OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not . purchase or JT1:lint:lin all of the Bonds and insw"ance required l_ of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at tile expense of the party who was rcquired to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a ponion or portions of the Work prior to Substantial Completion of all the Work:as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance'pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in coverage necessitated thereby. The insurers providing the property insurance shall consent by endorse- ment on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on accouot of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superin- tendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CO!)ITRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. 00700 - 18 6.02 Labor; Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, layout, and construct the Work as required by the Contract Documents. CON- TRACTOR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work attbe Site shall be performed during regular working bours, and CONTRACTOR will not permit overtime work or tile performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6.03 Services, Ma1erials, aru1 Equipment A. Unless otherwise specified in the GeneraJ Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials. equipment, labor, transportation, construction ~ipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all otller facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly nm to the benefit of OWNER. If required by ENGINEER, CONTRACfOR shall furnish satisfactory evidence (Including reports of required tests) as to the source. kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as. otherwise may be provided in the Contract Docu- ments , 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACfOR shall &Ubmit to ENGINEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or MilestoneS), Such adjustments will conform generally to the progress schedule then in effect and additionally will comply with any provisions of lhe General Requirements applicable thereto , 2. Proposed adjustments in the progress schedule that will change tile Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Wrillen 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 particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equa1" 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 tlle circum- stances described below. 1. "Or-Equal" 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-equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this paragraph 6.05.A.I, a proposed item of material or equipment will be considered functionally equal to an item so rumled if: a. in the exercise of reasonable judgment ENGINEER determines tlmt: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will. reliably perform at least equally. well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. r 2. Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRAcroR does not qua::fy as an "or-equa1" item under 00700 p 19 I paragraph 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 determine 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 6.05.A.2,d, as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circums lances, d. CONTRACTOR shall fIrst make written application lO ENGINEER for review of a proposed substitute item of material or equipment that CONTRACTOR seeks to furnish or use. The application shall certify that the proposed substitute item will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified, and be suited to the same use as that specified. The application will state the extent, if any, to wh.ich the use of the proposed substitute item will prejudice CONTRACTOR's achievement of Substantial Completion on time, whether or not use of tbe proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute item and whether or not incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty. All variations of the pro- posed substitute item from that specified will be identified in the application, and available engineering, sales, maintenance, repair, and replacement services will be indicated.. The application will also contain an itemized estimate of all costs or credits that will result directly or indi. rectly from use of such substitute item, including costs of redesign and claims of other contractors affected by any resulting change, all of which will be considered by ENGlNEER in evaluating the proposed substitute item. ENGIN~ER may require CON- TRACTOR to furnish additional data about the pro- posed substitute item. B. Substiruu: Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure 0'[ construction is shown or indicated in and expressly required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by ENGI- NEER. CONTRACTOR shall submit sufficient information to allow ENGINEER, in ENGINEER's sole discretion, (0 determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. The proce- dure for review by ENGINEER will be similar to that provided in subparagraph 6.05.A.2. C. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposil or submittal made pursuant to parat,'Taphs 6.05.A and 6.05.B. ENGINEER will be the sole judge of acceptability. No "or-equaI" or substitute will be ordered, installed or utilized until ENGINEER's review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop Drawing for an "or equal." ENGINEER will advise CON"ffiACTOR in writing of any negative determination. D. Special Guarantee: OWNER may require CON- TRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other surety with respect to any substitute. E. ENGINEER's Cost Reimbursemeru: ENGINEER will record time required by ENGINEER and ENGINEER's Consultants in evaluating substitute proposed or submitted by CONTRACTOR pursuant to paragraphs 6.05.A.2 and 6.05.B and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) occasioned thereby. Whether or not ENGINEER approves a substitute item so proposed or submitted by CONTRACTOR, CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and , ENGINEER'.sConsultantsior .eva1uating each such proposed substitute. F. CONTRACTOR'.$ Expense: CONTRACTOR shall provide all data in support of any proposed substitute or "or-equal" at CONTRACTOR's expense. 6.06 Concerning Subconrracrors, Suppliers, and Others A. CONTRACTOR sha1I not employ any Subcontractor, Supplier, or other individual or entity (including those acceptable to OWNER as indicated in paragraph 6.06.B), whether initially or as a replacement, . against whom OWNER may have reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier, or other indi'!fidu.a1 or entity to furnish or perform any of the Work against whom CONTRACTOR has reasonable objection. B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or 00700 - 20 entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accordance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance 'or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CON- TRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity. and the Contract Price will be adjusted by the differ- ence in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor. Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGINEER to reject defective Work. C. CONTRACTOR sh.all be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing 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 the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to payor to.see to the payment of any moneys due any such Subcon- tractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcontractors. Suppliers. and other individuals or entities performing ,or. furnishing any of the Work under a direct or indirect contract.. with CONTRACTOR. E. CONTRACTOR shall require all Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to communicate with ENGI- NEER through CONTRACTOR. F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRAcroR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier wbo is listed as an additional insured on the property 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 Consultants, 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 consultants 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 applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier. CONTRAC- TOR will obtain the same, 6.07 PlUent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incmporation 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 Contract Documents for use in the performance of the Work and if to the acrual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or lOyalty to others, the existence of such rights shall be disclosed by OWNER in the Conttact DocumentS. To the fullest extent permitted by Laws and Regulations, CONTRACTOR. shall . indemnify and hold harmless OWNER..ENGINEER,'ENGINEER's Consultants, and the '. officers;:directors,.parmers..l:mployees or agentS, and other consultants of each "and MY of them from and against all claims, costs. losses, and damages .(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device Dot specified in the Contract Documents. 6.08 Penni!s A.r Unless otherwise provided in the Supplementary Conditions, CONTRACfOR shall obtain and pay for all construction permits and licenses. OWNER shall assist CONTRACfOR, when necessary, in obtaining such permits 00700 - 21 1-- and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which arc applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agrecment. CONTRACTOR shall pay all charges of utility owners for conncctions to the Work, and OWNER shall pay . all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regularions A, CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable (0 the performance of the Work. Except where otherwise 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 Work knowing or lutving reason to know that it is contrary to Laws or Regulations. CONTRACTOR shall bear all claims, costs, losses, and damages (including but notliInited to all fees and charges of engineers. architects, attorneys, and other professionals and all court or arbitration 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 opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, .a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRAC. TOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. 6 .11 Us~ of Site and Other Areas A. Limitation on Use of Sire and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the o\lmer or occupant thereof. or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or ouupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other parry by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at Jaw, 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, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but Dot limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court 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. B. Removal of Debris During Peifonnance of lhe Work: During the progress of the Work CONTRACTOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall con- form to applicable Laws and Regulations. C. Cleaning: Prior to Substantial.Completion of the WOIxCONTRAcroRshall..clean the Site and make it ready for utilization by OWNER. At the completion of the Work CONTRACTOR shall remove from the Site all tools, applianccs,construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Srrucrures: CONTRACTOR shall Dot load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documetlls ,. A. CONTRACTOR shall maint:!in in a safe place at the Site one record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work 00700 - 22 Olangc Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during 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, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and PrOlection A. CONTRACTOR shall he solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. COJ'..'TRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: I. all persons on lhe Site or who may be affected . by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 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 construction. B. CONTRACTOR shall comply with all applicable Laws and Regulations relating to the safety of persons or property. or to the protection of persons or property from damage, injury, or loss; and shall crect and maintain all necessary safeguards for such safety and protection. CON1RACI'OR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them. and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CON- TRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may .be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Con- sultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly. in whole or in part, to the fault or negligence of CONTRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER' and CONTRACTOR in accordance with paragraph 14.07.B that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Represenuuive 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 Hazard Communiccuion Programs A. CONTRACTOR shall be responsible for coordinating any exchange of material'safety ,data sheets or other hazard communication information required to be made available to or exchanged between or among 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 Site 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 significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required because of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6:17S1wp Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approyal in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimen- sions, specified performance and design criteria, materials, and similar data to mow ENGINEER the services. materials, and equipment CONTR.ACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. r B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval iD. accordance with the acceptable schedule of Shop Drawings and Sample 00700 - 23 rrubmittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and 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 submitted 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 Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing 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 willi respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, teclmiques, sequences, and procedures of construc- tion and safety precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Docu- ments. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that subminal. 3. At the time of each submittal, CONTRACTOR shall give ENGINEER specific written DOtice of such variations, if any, that the Shop: Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop 00700 - 24 Drawing and Sample submitted to ENGINEER for review and approval of each such variation. E, ENGINEER's Review }, ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGINEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, confonn to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents, 2. ENGINEER's review and approval will nOI extend to means, methods, techniques, sequences, or procedures .of'constroction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the require- mentsof the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGINEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CONTRACfOR ,from responsibility for. complying -with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CON- TRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGI- NEER on previous submittals. 6.18 Cominuing the Work r A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permined by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRA crOR '.1' General Warranty alld Guaranfee A, CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consu1Wlts that aU Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Sub- contractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2, normal wear and tear Wlder normal usage. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shaH be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: I. observations by ENGINEER; 2. recommendation by ENGINEER or payment by OWNER of any progress or fmal payment; 3. the issuance of a certificate of Substantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval ora Shop Drawing or Sample submittal or the issuance of a notice of acceptabil- ity by ENGlNEER; 7. any inspection, tcst, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regula- tions, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them from 00700 . 25 and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1. is attributable to bodily injwy, sickness, disease, or death, or lO injury to or destruction of tangible property (other than the Work itself), including the loss of lL~C resulting therefrom; and 2. is caused in whole or in part by any negligcm 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 them may be liable, .regardless of _whether or not caused in pan by any negligence or omission of an individual or entiey indem- nified hereunder or whether liability is imposed upon such indemnified party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER or ENGINEER or any of their respective consultants, agents, officers, directors, partners, or employees by any employee (or the survivor or personal representative of such employee) of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entiey directly or indirectly employed by any of them to perfonn any of the Work, or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.20.A shall not be limited in any way by any limitation on the amount or type of damages, compensation. or benefits payable by or for CONTRACTOR or any such Subcontractor, Supplier, or other individual or entity under workers' compensation acts, disability benefit acts, or other employee benefit acts. C. The indemnification;obligations of CONTRACTOR under paragraph 6.20.A'shall.not extend to the liability of ENGINEER and ENGINEER'~ Conswtants or to the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or falling to - give them, if tha1 is the primary cause of the injury or da'ioage. ARTICLE 7 - OTHER WORK 7.01 Relared Work at Sire A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work 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 work; and 2. 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 that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and 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 introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs, Unless otherwise provided in the Contract Documents, CON- TRACTOR shall do all cutting, fitting, and patching of the Work that may be required to prope~ly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will pnIy cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work performed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficiencies in such other work: that render it unavailable or unsuitable for tlie proper execution and results of CONTRAcroR's Work. CONTRACTOR's failure -to so report will coristitute an acceptance of such other work as fit :md proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise 'provided in the Supplementary Conditions, OWNER shall have sole authority.and respon- sibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communicarions to CorUracror A. Except as otherwise provided in these General Condi- tions, OWNER shall issue all conununications to CONTRACTOR through ENGINEER. 8.02 ReplacemerU of ENGINEER A. In case of termiIiation of the employment of ENGI- NEER, OWNER shall appoint an engineer to whom CONTRACfOR makes no reasonable objection., whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. 8.04 Pay Promptly When Due A. OWNER shall make -payments to CONTRACTOR promptly when they are due as provided in paragraphs 14.02.C and 14.07.C. 8.05 Lands and Easements; Reports and Tests J{ OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACI'OR copies of reports of explorations 00700 - 26 and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents, 8.06 Insurance A. OWNER's responsibilities, if any, in respect to pur- chasing and maintaining liability and property insurance are set forth in Article 5. 8.07 Oumge Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A, OWNER's responsibility in respect to certain inspec- tioIlS, tests, and approvals is set forth in paragraph 13.03,8. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, teclmiques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CON- TRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evid~nce of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that fmandal arrangements have been made to satisfY OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.0] OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 VisilS to Site A. ENGINEER will make visits to the Site at intervals appropriate to the various stages of construction as EN G INEER deems necessary. in order to observe as an experienced and qualified' design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will nOI be required to make exhaustive or continuous inspections on the Site to check the quality Of 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 and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B, ENGINEER's visits and observations are subject to all the limitations on ENGINEER's. authority and responsibility set forth in paragraph 9.10, and particularly, but withomlimitation.,.during or.-as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not. supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences'7 or procedures of construction, or the 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. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to ~ist ENqINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Proj~ Representative and assistants will be as provided in paragraph 9.10 and in the . Supplementary Conditj~ns. If OWNER designates another 00700 - 27 representative or agent to represen! OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supple- mentary Conditions. 9.04 Clarifica1ions and 11l1erprefaJions 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 intCn! 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 are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in (be Comract Price or Contract Times, or both, that shouJd be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project a<; a functioning whole as indicated by the Contract Documents, TI1ese may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR, who shall perform the Work involved promptly, If OWNER and CONTRAC- TOR are tmable 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, as a result of a Field Order, a Claim may be made therefor as provided in paragraph 10.05. 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be dcfective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated. by (be Contract Documents, ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Chpnge Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. 00700 - 28 B. In coIUlection with ENGINEER's authority as to Change Orders, see Articles 10, II, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14, 9.08 Detemlinarionsfor Unit Price Work A. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed 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 ret1ect changed factual conditions or more accurate data) upon OWNER and CONTRACTOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability ofWorl: A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents 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 pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When fimc1ioning as interpreter and judge under this paragraph 9.09. ENGINEER will not show partiality to OWNER of.CONTRACfOR:::and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENmNEER pursuant to this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of. fInal payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 limila1ions on ENGINEER's Au1horiry and Respon- sibilities r A. Neither ENGINEER's authority or responsibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER . in good faith either to exercise or not ex.ercise such authority 1- or responsibility or the undertaking, exercise, or perfonnance of any authority or responsibility by ENGINEER shall create, impose, or give rise to any duty in contract, tort, 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. B. ENGINEER will not supervise, dircct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of consuuction, or the 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 to perform the Work in accordance with the Contract Documents, C. ENGINEER will nO! be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the fmal Application for Payment and accompanying documentation and all mainte- nance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to detennine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibility set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Representative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 AuJhoriud Changes in the Work A. Without invalidating the Agreement and witllOut notice to any surety, OWNER may. at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjus01lC01 in the ContraCt Price or Contract Times, or boch, that should be allowed as a result of a Work Change 00700 - 29 Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.B. 10.03 Execution of Change Orders A, OWNER and CONTRACTOR shall execute . appropriate Change Orders recommended by ENGINEER (or Written Amendments) covering:' I. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 1O.01.A, (ii) required because of acceptance of defective Work under para- graph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually perfOffiled in ,~rdance with a Work Change Dircctive; and 3. changes in the Contract Price or Contract Times which embody the substance of any. wrinen decision rendered by ENGINEER pursuant to paragraph 10.05; provided that. in lieu of executing any such Change Order. an appeal may be taken from any such decision in accordance with the ,provisions of the Contract Documents and applicable Laws and Regulations, but . .during any such 'appeal, 'CONTRACfOR shall carry on the Work and adhere. to the progress schedule as provided in paragraph 6.18.A. - 10.04 Norificcuion to Surety A. Ifnotice of any change.affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety. the giving of any such notice will be CONTRACTOR's responsibility. The amount of each appli~le Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of cach Claim, dispute, or other matter shall be delivered by !.he claimant to ENGINEER and the otller party (0 the Contract promptly (but in no event later than 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 SlaI1 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 Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.B. Each Claim shall be accompanied by claimant's written statement that the.adjust- ment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 d.1YS after receipt of the last submittal of the claimant or the la~t submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or o!.her matter will be fin.aI and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGlNEER's written decision is delivered by OWNER or CONTRACTOR to the other. and to ENGINEER within 30 days after the date of .such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jwi.sdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such riglJts or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal. decision in writing within the time -stated in paragraph IO.05.B. a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. 00700 - 30 D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOW ANCES; UNIT PRICE WORK II.OJ Cost oj the Work . A, Costs Included: The term Cost of tile Work means the sum of all costs necessarily incurred and paid by CON- TRACTOR in the proper performance of tlle Work, When the value of any Work covered by a Change Order or when a Claim for an adjusunent in Contract Price is determined on the basis of Cost of the Work,.the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to tlle Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of . tlle Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.01.B. 1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Such employees shall include without limitation superintendents, foremen, and other personnel employed full time at the Site. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include, but DOt be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions. unem- ployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, . sick leave, vacation and .holiday pay applicable thereto. .The .expenses .oLperforming Work outside of regular worling hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by OWNER. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash ~unts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CON'IRACTOR shall malce provisions so that they may be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then 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 fcc. the Subcontractor's COSI of the Work and fee shall be detemlined in the same manner as CONTRACTOR's COSl of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (including but not limiled to engineers, architects, testing laboratories, surveyors. attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. Tbe proportion of necessary transportation, travel, and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and mainte- nance, of all materials, supplies, equipment, machinery, appliances, office, and temporar}' facili- ties al the Site, and hand lools nOI owned by the workers. which are consumed in the performance of the Work, and cost, less markel value, of such items used but not consumed which remain the property of CONTRACTOR. c. Rentals of all construction equipment and machinery. and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. Tbe rental of any such equipment, ma- chinery. or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales. consumer. use, and oilier similar laXes related to the Work, and for which CON- TRACTOR is liable. imposed by Laws and Regu- lations. : e, Deposits lost for causes oilier than negli- gence of CONTRACTOR. any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, 00700 - 31 and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses). caused by damage to the Work. not compensated by insurance or otherwise, sustained by CONTRACTOR in coIUlection with the perfor- mance of the Work (except losses and damages within ilie deductible amounts of property insurance established in accordance wiili paragraph 5.06.D), provided such losses and damages have resulted 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 written consent and approval of OWNER. No such losses. damages. and expenses shall be .included in the Cost of the'Work for the purpose of detennining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar pett}' cash items in connection with the Work. i. When the Cost of the Work is used 10 determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of ' cost-plus. the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract'Documents to purchase and maintain. B. Costs Excluded: The term Cost Of the Work shall not include any of the following items: 1 . Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnersWps and sole proprietorsWps), general manag- ers. engineers, architects. estimators, attorneys, audi- tors. accountants. purchasing and contracting agents, expediters. timekeepers. clerks. and other personnel employed by CONTRACTOR. whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of. job classifications referred to in paragraph 11.01.A.l or specifically covered by paragraph 11.01 :4....4. all of which are to be considered administrative costs covered by the CONTRACTOR's fee. 2. Expenses of CONTRACTOR's principal and branch offices other lhan CONTRACTOR's office at the Sileo 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of 1l1em may be liable, including but Dot limited to,. the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property . 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs I l.01.A and 11.01.B. C. CONTRACTOR's Fee: \\'hcn all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When 1l1e value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.B, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown. together with supporting daUl. 11.02 Cash Allowances A. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Wark so covered to be . performed for such swns as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to ~ONTRAC- TOR (less any applicable trade discounts) of materials and equipment required by the allo\,?ances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, ~1 other expenses contemplated for the allow- ances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. B, Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A, Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the COnlract Price will be deemed to include for all Unit Price Work.an amount equal 10 the.sum of the unit price for each separately'identified item' of Unit Price Work times the estimated quantity of each -item as indicated in the Agree- ment. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08, B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accordance with paragraph 10,05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and ... significantly :from:the:estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense.or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. r 00700 - 32 1- ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Caruracl Pdce A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Conlract Price shall be based on written notice submitted by ule party making !he Claim to the ENGINEER and the other parly to the Contract in accor- dance with ule provisions of paragraph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by applica- tion of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work 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 12.0I.C.2); or 3. where the Work involved is not covered by uni! prices contained in the Contract Documents and agree- ment to a lump sum is not reached under paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (deter- mined as provided in paragraph 12.01.C). C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon. then a fee based on the following percentages of the various portions of the Cost of the Work: 8. for costs incurred under paragraphs 11.01.A.I and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph 1l.Ol.A.3. the CONTRACTOR's fee shall be five percent; c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no 00700 - 33 fixed fee is agreed upon. the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier. will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.I and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to !he next lower tier Subconlractor; d, no fee shall be payable on ule basis of costs itemized under paragraphs 11.0l.A.4, 11.0l.A.5. and 11.01 ,B; e. U1C aInoun! 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 the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are in- volved in anyone change, the adjustment in CONTRACTOR's fee shall be computed on the basis of ule net change in accordance with para- graphs 12.01.C,2.a through 12.0l.C.2.e, inclu- SIve. 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGINEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be detennined in accordance with 'the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR. the Contract Times (or MilestoDeS) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as proVided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, 1lCts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work ai; contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays lVi/hin CONTRACTOR's Colllro{ A. The Contract Times (or Milestones) will not be extended 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 Beyond OVtWER's alld CONTrv1CTOR's Con/rol A. Where CONTRACTOR is prevented from complet- ing any part of the Work within !he Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such deJay. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CON- TRACTOR; or 2. delays beyond the cootrol of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics: abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors perfo!Illing other work as contemplated by Article 7. B. Noching in tillS paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to. actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice oj Defects A. Promp~ notice of all defective Work: of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13 ,02 Access to Work A. OWNER, ENGINEER, ENGINEER's Consultants, other representatives and persOIUlel of OWNER, i.ndependent testing laboratories, and govenunental agencies with jurisdictional interests wiIl have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safelY procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate wich inspection and testing personnel to facilitate required inspections or tests. B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all inspections, tests, or approvals required by the Contract Documents except: 1. for inspections, tests, or approvals covered by paragraphs I3.03.C and 13.03.D below; 2. that costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.B shall be paid as provided in said paragraph 13.04.B; and 3. as ocherwise specifically provided in the Con- tract Documents. .C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected;1ested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all.costs in connection therewith, and furnish ENGINEER the required certificates of inspection or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance.of materials or equipment to be incorporated in the Work; or acceptance of materials, mix desfgns, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Sucb inspections, 1Csts, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. 00700 - 34 B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose, or otl1erwise make available 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 the Work in question, furnishing all prescribed by Laws or Regulations or by the terms of any Decessary labor, material, and equipment. If it is found that applicable special guarantee required by the Contract such Work is defective, CONTRACTOR shall pay all Documents or by any specific provision of the Contract ClaiIrui, costs, losses, and damages (including but nOllimited Documents, any Work is found to be defective, or if the to all fees and chm'ges of engineers, architects, attorneys, and repair of any damages to the land or areas made available for otiler professionals and all COW1 or arbitration or oilier CONTRACTOR's use by OWNER or permitted by Laws and dispute resolution costs) arising out of or relating to such Regulations as coDtemplated in paragraph 6.11.A is found to uncovering, exposure, observation, inspectioD, and testing, be defective, -CONTRACTOR shall promptly, without cost and of satisfactory replacement or reconstruction (including to OWNER and in accordance wiili OWNER's written but Dot limited to all costs of repair or replacement of work instructions: (i) repair such defective land or areas, or (ii) of others); and OWNER shall be entitled to an appropriate correct such defective Work or, if the defective Work bas decrease in the Contract Price. If the parties are unable to been rejected by OWNER. remove it from the Project.and agree as to the amount thereof, OWNER may make a Claim replace it with Wod::: that is not defective, and (ill) satlsfac- therefor as provided in paragraph 10.05. If, however, such. ".torily com:ct or.repair.orremove:2Dd replace any damage to Work is Dot found to be defective, CONTRACTOR shall be .. other.:Work, to the .work:uf.others or other land or areas allowed an increase in the Contracc Price or an extension'of ..resulting therefrom:lf.C.0NTRAcrOR does Dot promptly . the Contract Times (or Milestones), or both, directly attribut- comply with the terms of 'such instructions, or in an able to such uncovering, exposure, observation, inspection, emergency where delay would cause serious risk of loss or testing, replacement, and reconstruction. If the parties are damage, OWNER may have the defective Work corrected or unable to agree as to the amoWlt or extent thereof, repaired or may have the rejected Work removed and CONTRACTOR may make a Claim tl1erefor as provided in replaced, and ail Claims, costs, losses, and damages paragraph 10.05. (including but noC limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but Dot limited to aU costs of repair or replacement of work of others) will be paid by CONTRACTOR. - 1- E. If any Work (or the work of others) fuat is to be inspected, tested, or approved is covered by CONTRACTOR without written concurrence of ENGINEER, it must, jf rcquc:sled by ENGINEER, be uncovered for observation. F. Uncovering Work as provided in paragraph 13,03.E shall be at CONTRACTOR's expense unless CON- TRACTOR has given ENGINEER timely notice of CONTRACTOR's inteu(ion to cover tile same and ENGI- NEER has not acted with reasonable promptness in rcsponse to such notice. 13.04 Uncovering Work A. If any Work is covered contrary to the writtcn request of ENGINEER, it must, if requested by ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. 13.05 OWNER May Stop the Work A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents. OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop 00700 - 3S the Work shall 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 (hem. 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or DOl fabricated, installed, or completed, or, if tile Work has been rejected by ENGINEER, removc it from the Project and rcplace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including bul not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court, or arbitration or. other dispute resolution costs) . arisingou( of or relating to .such correction or removal . (including bul not limiled to aU costs of repair or replacement of work of oiliers). 13.07 Correction Period B, In special circumstances wl1er~ a particular item of equipment is placed in continuous service before Substantial Completion of all the Work, the correc,:JD period for that item may stMt to run from an earlier date if so provided in the Specifications or by Wrillen Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of tills paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement 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 all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination 10 accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recommendation of fInal payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER sball be entitled to an appropriate decrease in the Contract Price, reflecting the dimini!:hed value of Wod: so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time ,after written notice from ENGINEER to correct defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with paragraph 13.06.A, or if CONTRACTOR fails to perform the Work.in accordance with the Contract Documents, or if CONTRACTOR fails 10 comply with any other pfovision of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OW NER &hall proceed expeditiously. In connection with such corrective and remedial action. OWNER may exclude CONTRACTOR from ail or part of the Site, take possession of all or part of !.he Work and suspend CONTRACTOR's services related !.hereto, take possession of CONTRACTOR's l001s, appliances, con- struction equipment and machinery at the Site. and incorpo- rate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors. and ENGINEER and ENGINEER's Consultants access to the Site to eoable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and nther.professiooa1s and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising !.he rights and remedies under this paragraph 13,09 will be charged against CON- TRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled 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. losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provided,in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. r 00700 - 36 I. I I 14.02 Progress Paymenrs A. Applications for Payments 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents, If payment is requested on the basis of materials and equipment nol incorporated in the Work but delivered and suitably stored at lhe Site or at another location agreed 10 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 appropriate propeny insurance or ocher arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. BegiIming with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating thaI 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 the Agreement. B. Review of Applications 1, ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present., tlle Application (0 OWNER or relUrn the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER (0 OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and qualified design profession- al and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, thaI (0 the best of ENGINEER's knowledge, infonn.ation and belief: 00700 - 37 a. the Work has progressed to the poim indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any olher 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 check the quality or the quantity of the Work as it has been performed have been exhaustive, 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 Documents; or (ii) that there may not be other matters or issues between the panies that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recom- mending payments nor ENGINEER's recommendation of any payment, including [mal payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, _ sequences,'or procedures of.construction, or the safety :.' precautions and programs. incident thereto, or for CON- TRACfOR's failure to' comply with Laws and Regu- lations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any e~amination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on accoWlt of lhe Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representa- tions (0 OWNER referred to in paragraph 14.02.B.2. ENGINEER may also refuse to recommend any such payment or, because of. subsequently discovered evidence or the results of subsequent :..'lSpCCtions or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: a. . the Work is defective, or completed Work has been damaged, requiring correction or replace- ment; b. the Contract Price has been reduced by Written Amendment or Change Ordas; c. OWNER has been required to correCI defective Work or complete Work in accordance with paragraph 13.09; or d. ENGINEER has actual knowledge of -the occurrence of any of the events enumerated in para. graph 15.02.A. C. PaymenJ Becomes Due 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. D) become due, and when due will be paid by OWNER to CONTRACTOR. D. Reduction in PaymenJ 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or fur- nishing of the Work; b. Liens have been filed in connection witMhe' Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWNER to a set-{)ff against the amount recommended; or d. OWNER has actual knowledge oftlle occur- rence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining afu., deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR (be amount so withheld, or any adjusunent thereto agreed to by OWNER and CONTRACTOR, when CONTRAC- TOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRACTOR's Warrallly of Tille A. CONTRACTOR warrants and guarantees that title [0 . all Work, materials, and equipment covered by any Application forPayment,.whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free andcJear of all Liens. 14.04 Subsrantial Completio/l A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request tlut ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative .list of jtems to be completed or . corrected .before fmal'payment.:OWNER shall have seven ,days after receipt of.the tentative certificate during which to make written objection' to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete, ENGINEER will within 14 days after submission of tlle tentative certificate to OWNER notify CONTRACTOR in writing. stating the reasons therefor. If, after consideration of OWNER's objeclions,ENGINEER considers the Work substantially complete, ENGINEER will within said 14 days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentitive certificate as ENGINEER believes justified after consideration of any objections from OWNER. At the time of delivery of the tentative certificate of Substantial Comple- tion ENGINEER will deliver to OWNER and CONTRAC- TOR a written recommendation as to division of responsiblli- 00700 - 38 ~ ties pending fmal payment between OWNER and CONTRACTOR wich respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, in.mrance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substmltial Completion, ENGrNEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR until fmal payment. B, OWNER shall have the right to exclude CONTRACTOR from !he Site after !he date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial UciliZaJion A. Use by OWNER at OWNER's option of any substmltially completed pari of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of che Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance 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 pennit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER. and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of . the Work. CONTRACTOR at anytime may notify OWNER and ENGINEER in VlI'iting that CONTRACTOR considers any such part of the Work ready for its intended use and substantially romplete and request ENGINEER to issue a certificate of Substantial Completion for that pari of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 00700 - 39 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Fina/Inspection A, Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CON- TRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall inunediately take such measures as arc necessary to complete such Work or remedy such deficiencies, 14.07 Final Payme1l1 A. Application 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 with the Contract Documents, all main- tenance and operating instructions, schedules, guara.")- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked-up record documents (as provided in paragraph 6,12), and other documents, CONTRACTOR may make application for final payment.following the procedure for progress payments, 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insuraD.ce required by subparagraphS;04.B.7; (Ii) consent of the - -surety, ,if any, 'to.final payment; and (ill) complete;md ,legally effective .releases -or waivers - (satiSfactory to OWNER) of all Lien rights'arising out of or Liens f'11ed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts - include all labor , services, material, and equipment for which a Lien could be filed; and (Ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for wbJch OWNER or OWNER's property might in any way-be rlsponsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. - In B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's observation of the Work during construction and final inspection, and ENGINEER's review of the [mal Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied 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, indicatc in writing ENGINEER's rCCDmmendation of payment and present the Application for Payment to OWNER for pay- ment. At the same time ENGINEER will also give wrinen notice to OWNER and CONTRACTOR thal!he Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CON- TRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due I, 'Thirty days after the presentation to OWNER of the Application for Payment and accompanying docu- mentation, the amount recommended by ENGINEER will becomc due and, when due, will be paid by OWN- ER to CONTRACTOR. 14.08 FiTUll Completion Delayed A. If, through no fault of CONTRACTOR, fmal completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and .without terminHline 1he Agreement, make paYment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the wrinen consent of the surety to the payment of the balance due for thaI portion of !he Work fully completed and accepted shall be submitted by CON- TRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. - 14.09 Waiver of Claims A. The making and acceptance of fmal payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from WlSenled Liens, from defective Work appearing after fmal inspection pursuant to paragraph 14.06, from failure to comply with the Conn-act Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by CONTRACTOR againsl OWNER other than those previously made in writing which arc stillllilSelllcd. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CON- TRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume tbc Work on !he date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes a Claim therefor as provided in paragraph 10.05. 15.02 OWNER May TemziTUltefor Cause A. Thc occurrence of anyone or more of the following events will justify termination for cause: .1. CON1RACTOR's persistent failure to perfonn u . .the'Work'ffi'accordance:with the Contract Documents (including, but.llot limited to, failure to supply sufficienl skilled workers 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); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial , way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15,02,A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate 00700 - 40 the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipmem, and machinery at the Site, and use the: same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which arc stored elsewhere, and fmish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not bc entitled to receive any fu'rther payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other 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. and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, wheo so approved by ENGINEER, incorporated in a Change Order. Wheo exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work perfonned. C. Where CONTRACTOR's services have been so tenninated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will Dot release CONTRACTOR from liability. 15.03 OWNER May Tenninate For Convenience A. Upon seven days written ootice to.CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect 10 terminate the Contract. In sucb case. CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of tennination in performing services and furnishing labor, materials. or equipment as required by the Contraci Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit 00 such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred in settlement of tenninated contracts with Subcontractors, Suppliers, and others; and 4, for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising OUI of or resulting from such termination. 15.04 CONTRACTOR May SlOp Work or Temzinl1Je A. If, through no act or fault of CONTRACTOR, the Work is suspended for more4han90:consecutive days by OWNER or:.under'an order of court or:otheqrublic'autbority, or ENGINEER fails to. act on any Application for Payment within 30 days afierit'issubmitted;or OWNER fails for 30 days to pay CONTRACTOR any sum finally determined 10 be due, then CONTRACTOR may. upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. 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 Payment within 30 days after it is submitted. or OWNER has failed for 30 days to pay CONTRACTOR any sum ftnal.ly determined to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract(Price or Contract Times or otherwise.for.expenses.Qr damage directly attributable'to :.CONTRA c:rOR '.s'stopping:.the Work as pennitted by this paragraph. . ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, arid subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or rem~es as either fhay otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. 00700 - 41 ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or 10 an officer of the C(Jrporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. 17.02 Computatioll of Times A. When any period of time is referred to in the Contract Documents by days, it will be C(Jmputed to exclude the [lIst 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 C(Jmputation. 17.03 Cumula1ive Remedies A. Tne duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties 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 otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in C(Jnnection with each particular dUty, obligation, right, and remedy to which they apply. 17,04 Survival of Obligations A. All representations, indemnifications, warranties, and guarantees made in, required by. or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive [mal payment, completion, and acceptance of the Work or termination or C(JmpletioD of the Agreement. 17.05 Con/rolling Law A. This Contract is to be governed by the law of the state in which the Project is located. l' 00700 - 42 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 Paragraph 1.01.28 entitled "Notice of A ward": "When requested by OWNER, the Notice of Award may be issued by the ENGINEER." Add the following sentence to Paragraph 1.0 1,29 entitled "Notice to Proceed": "When requested by OWNER, the Notice to Proceed may be issued by ENGINEER." Add the following terms after Paragraph 1,01 50: 1.51 ARCHITECT/ENGINEER - The person, firm or corporation named as the ENGINEER in the Agreement. 1.52 Provide - As used in the Project Manual, means to furnish and install, complete and ready for intended use. 1.53 Product - As used 111 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 Retainage - The percentage of the Contract Price, retained by Owner from the progress 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," In the first line of Paragraph 2.02. change the term "...ten..." to read: " . (6) " ...SIX .." Oct. 2007 SUPPLEMENTARY CONDITIONS 00800-1 Delete Paragraph 2.03, and replace with the following: "The date of commencement of the Work is the date established in a Notice to Proceed." Add the following to Paragraph 2.05.: "D. CONTRACTOR shall perform no portion of the Work at any time without Contract Documents or, where specified, approved Shop Drawings for such portion of the Work. E. 8y 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," ARTICLE 3 - CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE Add the following to Paragraph 3.02,A,: "3. Sections of Division One - General Requirements govern the execution of all sections of the Specifications," ARTICLE 4 - A V AILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS In Paragraph 4.02.A., change the term" ,.,Supplementary Conditions..." to read: "...bidding requirements...". In Paragraph 4.02.8., change the term "Supplementary Conditions..." to read: "...bidding requirements...". ARTICLE 5-BONDSAND INSURANCE In the first line of Paragraph 5.04., following the word "...maintain...", insert the words: "..,in a company or companies licensed to do business in the State of Florida,...". In the last line of Paragraph 5.04,A.6., following the word ",..vehicle.", insert the words: ".." or arising out of operation of laws and regulations for damages because of bodily injury or death of any person or for damage to property," Add the following after Paragraph 5.04.8.7,: 8. Include all major divisions of coverage and be on a comprehensive basis including: I. Premises Operations (including X, C and U coverages as applicable. ii, Independent contractor's Protective, Ill. Products and Completed Operations, IV. Personal Injury Liability with Employment Exclusion deleted. v. Contractual Liability. Oct. 2007 SUPPLEMENTARY CONDITIONS 00800- 2 VI. Owned, non-owned and hired motor vehicles. vii, Broad Form property Damage including Completed Operations, 9. Provide coverage for not less than the following amollnts. a. Workers' Compensation, etc. under paragraphs 5,04.A and 5,04,B: I. State Including employers liability limits $1,000,000 each accident, $1,000,000 disease policy limit, $1,000,000 disease each employee 2. Applicable Federal Statutory (e.g. Longshoreman's and/or Maritime) 3. Employer's Liability $ 1,000,000.00 b. Contractor's Liability Insurance under Article 5.4, which shall also include completed operations and product liability coverage and eliminate the exclusion with respect to property under the care, custody and control of custody and control of Contractor: I. General Aggregate (Except Products - $ 1,000,000.00 Completed Operations) 2, Products - Completed Operations Aggregate $ 1,000,000.00 3, Personal and Advertising Injury (Per $ ] ,000,000.00 Person/Organ ization) 4. Each Occurrence (Bodily Injury and $ 1,000,000.00 Property Damage) 5. Property Damage liability lI1surance will $ 1,000,000.00 provide Explosion, Collapse and Underground coverage where applicable. 6. Professional Liability, Errors & Omissions $ 1,000,000,00 insurance for architects, engineers and other consulting professionals 7.. Excess Liability General Aggregate $ 1,000,000.00 Each Occurrence $ 1,000,000.00 8. Professional Liability Insurance, as it applies $ 1,000,000.00 c. Automobile Liability lInder paragraph 5.04.A.6 Oct. 2007 SUPPLEMENTARY CONDITIONS 00800-3 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 d. Additional liability coverage for OWNER and ENGINEER shall be provided by endorsement as additional insured on Contractor's General Liability Policy. Add the following names: OWNER - City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 160 ENGINEER - Beiswenger, Hoch and Associates Inc 510 Shotgun Rd. Suite 400 Sunrise, Florida 33326 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, 11 In conformance with the requirements of Section 725.06, Florida Statutes, the specific considerations for CONTRACTOR's promises are: a. One dollar ($1.00) in hand paid by OWNER, ENGINEER, and ENGINEER's employees to CONTRACTOR, receipt whereof is hereby acknowledged and the adequacy of which CONTRACTOR accepts as completely fulfilling the obligations of OWNER, ENGINEER, and ENGINEER's employees under the requirements of Section 725.06, Florida Statutes, and; b. The entry of OWNER and CONTRACTOR into the construction contract because, but for CONTRACTOR's promises as contained in the General Conditions, OWNER would not have entered into the construction contract with CONTRACTOR." Add the following after Paragraph 5,06,E: "F. The form of policy for this coverage shall be Completed Value. G. If, under the provisions of this insurance, there are mandatory deductibles, or if OWNER elects to increase the mandatory deductibles or purchase this insurance with voluntary deductible Oct. 2007 SUPPLEMENTARY CONDITIONS 00800-4 amounts, then OWNER shall be responsible for payment of the full amount of the deductible in the event of a paid claim." ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Add the following after Paragraph 6.05.F: "G. The use of asbestos or asbestos-based fiber materials is prohibited in this Project." Add the following after Paragraph 6.08: "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, 6.08.8. 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 following after the last sentence in Paragraph 6.10: In accordance with Exhibit A hereto, entitled Tax Exemption Agreement to Contract, the Owner may directly purchase all materials and equipment identified in the Contract Documents for incorporation into the Project ("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 6,13.8, 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 Oct. 2007 SUPPLEMENTARY CONDITIONS 00800-5 Change the first sentence of Paragraph 9.01 ,A. to read as follows: "If OWNER and ENGINEER agree, ENGINEER will be OWNER's representative during the construction period." 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 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 paragraph OWNER change the first line from "If Contractor fails within a reasonable time after written notice of Engineer..." to read: "If Contractor fails within ten (10) calendar days after written notice of Engineer..," ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION In the first sentence of Paragraph 14.02.A.I., change the phrase "At least twenty days before each progress payment is scheduled (but not more often than once a month), ..." to read: "By no later than the first day of the month, ..,", Following Paragraph 14.02.A.3 add: 4. An original Partial Release of Lien is required from the General Contractor along with the application for Payment No. I and for each subsequent application thereafter. For each application for payment (excluding Application No. I) 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 Engineer, 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. Oct. 2007 SUPPLEMENTARY CONDITIONS 00800-6 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 guaranteed maximum Contract Price among 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 Engineer may require. This schedule, unless objected to by the Engineer, shall be used as a basis for reviewing the Contractor's Applications for Payment. 7. Appl ications for payment shall show the percentage 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: (I) the percentage of that portion of the Work which has actually been completed; or (2) the percentage obtained by dividing (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. Subject to the provisions of the Contract Documents, the amount of progress payments shall be computed as follows: a) take that portion of the Contract Price properly allocable to the computed Work as determined by multiplying the percentage of completion of each portion of the Work in the schedule of values. Pending final determination of the costs to the Owner of changes in the Work, amounts not in dispute shall be included in the Application for Payment along with Change Order, Work Change Directive or Written Amendment indicating the parties' agreement 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 agreed lIpon in writing. c) add the Contractor's Fee, less the ten percent (10%) Retainage. The Contractor's Fee shall be computed upon the Cost of the Work described in the preceding clauses at the rate in accordance with Paragraph 11,0 t.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 preceding clauses bears to a reasonable estimate of the probable Cost of Work upon completion. d) subtract the aggregate of the previous payments made by the Owner; e) subtract the shortfall, if any, indicated by the Contractor in the supporting records and other evidence as mutually agreed between the Owner or Engineer and Contractor to demonstrate expenditures incurred to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by Owner, or designee; 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 ]4,02,8., change the beginning of the sentence: from "Ten days..." to read: "Forty-five days...", In Paragraph 14.02.C.1, insert the following: Oct. 2007 SUPPLEMENTARY CONDITIONS 00800- 7 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, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement 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. 3, Neither the Owner nor the Engineer shall have an obligation to payor see to the payment of money to a Subcontractor, except as provided by law. 4. Payment by Contractor to material suppliers shall be treated in the manner as provided in Paragraph 14,02.C.2, 5. Except with the Owner's prior approval, payments to Subcontractors shall be subject to Retainage of not less than ten percent (10%). The Owner and the Contractor shall agree upon a mutually acceptable procedure for review and approval of payments and retention for Subcontractors. 6. Upon mutual agreement by Owner and Contractor, payment in full may be made to those Subcontractors whose Work is fully completed during the early stages of the Project. Notwithstanding Paragraphs] 4.02.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 agreement of the Owner and Contractor, no further retainage shall be withheld from progress 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 prejudice the Owner's right to subsequently reinstate full retainage, as to that subcontractor, should circumstances justify such action in the Owner's sole judgment. 7, 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 Paragraph 14.05 and replace with the following: A. The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Contractor, provided such occupancy or use is consented by the insurer, in accordance with Paragraph 5.06.A.5 and as authorized by public authorities having jurisdiction 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 writing the responsibilities assigned to each of them for payments, Retainage, if any, security, maintenance, heat, utilities, damage to Work and insurance, and have agreed in writing concerning 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 Engineer 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 unreasonably withheld. The stage of the progress of the Work shall be determined by written agreement between the Owner and the Contractor, or if no agreement is reached, by decision of the Engineer. Oct. 2007 SUPPLEMENTARY CONDITIONS 00800-8 B. Immediately or prior to such partial occupancy or use, the Owner, Contractor, and Engineer shall jointly 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 agreed upon, partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of the Work not complying with the Contract Documents." After the least sentence in Paragraph 14,04,B, insert the following: "c. Once I) 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 Retainage applying to such Work or designated portion thereof. Such payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Contract Documents," Delete Paragraph 14.07.A,2 and 14.07.A.3 insert the following: "The final Application for Payment shall be accompanied (except as previously delivered) by: (I) 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 might be responsible or encumbered (less amounts withheld by Owner) have been paid or otherwise been satisfied, (2) a certificate evidencing 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 given 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 obligations, such as receipts, releases, and waivers of liens, claims, security interests of encumbrances arising out of the Contract, to the extent and in such form as may be designated by the Owner, (6) all documentation as required by the Contract Documents, and (7) acceptance by the Owner and governing agencies. 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 against 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 discharging the lien, including all reasonable attorneys' fees and costs. The final payment will become due when the Contractor submits the information above to the Engineer." ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION Paragraph 15.02.B., insert the following after the words...such excess..,; ": (including but not limited to fees and charges of ENGINEER, other engineers, architects, attorneys and other professionals, particularly including, but not limited to reasonable Engineer's attorney's fees, and court costs)...". ARTICLE 16 - DISPUTE RESOLUTION Delete this Article in its entirety. ARTICLE 17 - MISCELLANEOUS Oct. 2007 SUPPLEMENTARY CONDITIONS 00800-9 Add 17.05.8: "The venue for any cause of action shall be Miami-Dade County." 17.05. C. AR81TRA TION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settle by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and biding upon the parties and judgment upon the award rendered by the arbitrator may be entered in a court having jurisdiction. Arbitration shall be held in Miami-Dade, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. After Article 17 add the following article: ARTICLE 18 - OWNER-PROVIDED MATERIALS The Contractor and Owner desire to enter into an arrangement whereby certain purchases under the Contract may be made by the Owner as a result of Owner's status of being exempt from sales and use tax. I. Notwithstanding anything 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 Project ("Owner-Provided Materials"). The Owner does hereby grant to the Contractor the full authority as an agent 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 agent of the Owner shall sign 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 reviewing 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 along with Contractor payment to the Contractor who will, as Owner's agent, 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 accounting records for all transactions carried out under the authority of this Agreement. Such records shall be open to the Owner during normal business hours of the Contractor. Oct. 2007 SUPPLEMENTARY CONDITIONS 00800-10 5. The Contractor shall select, obtain approvals, submit samples, price shop drawings, pursue, receive, inspect, and accept or reject all Owner-Provided Materials purchased in the manner described herein per the Contract. The Contractor shall remain responsible for the proper installation of all Owner-Provided Materials and will continue to warrant its installation of these Owner-Provided Materials as provided in the Contract. This Agreement will not be an acceptable excuse for delay to the construction schedule. 6. The authority granted the Contractor hereunder may be revoked by the Owner at any time upon written notice delivered to the Contractor at its offices at: , during normal business hours. 7. The Owner agrees that the Contractor's Fee as set forth in the Contract shall not be reduced as a result of any Owner-Provided Materials deduct change orders; i.e., the Contractor's Fee shall continue to apply to the total sum of all remaining Costs of the Work plus the costs of all Owner- Provided Materials and plus the applicable tax amounts. Likewise, all agreed charging rates based on the Contract Price, including without limitation for bonds and insurance, shall continue to be charged 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 Oct. 2007 SUPPLEMENTARY CONDITIONS 00800-11 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 ~ day of ~(4--' a.oo&; and CONTRACTOR authorized to execute same. CITY OF SUNNY ISLES BEACH, through its City Com ission ATTEST: ~~~ Jane Hines, City Clerk By: N cY dayof ~,200t. Approved as to form and legal ity by Office of the City ttorne; -~~7 Southeastern Enqineerinq Contractors [CORPORATE SEAL] By Address for giving notices 12054 N.W. 98th Ave. --.Hii'lh::>i'lh C:i'lrnpns, 1"1 1101 R License No. E-1 91 5 Agent for service of process (If CONTRACTOR is a corporation, attached evidence of authority to sign). _day of ,2007 (CITY SEAL) Oct. 2007 SUPPLEMENTARY CONDITIONS 00800-12 THIS PAGE LEFT INTENTIONALLY BLANK. Oct. 2007 SUPPLEMENTARY CONDITIONS 00800-13 DIVISION I GENERAL SPECIFICATIONS 1. Definitions: Whenever the following terms or pronouns in place of them appear in the Contract Documents, the intent and meaning shall be interpreted as follows: a. City: Sunny Isles Beach, Florida, the public body, agency, or instrumentality, which is a party hereto and for which this Contract is to be performed. b. Commission or City Commissioners: The present Board of City Commissioners of Sunny Isles Beach the legal representative of the City, or their successors in office. c. City Manager: The administrative agent acting for and on behalf of the City Commission. d. Department: The "Florida Department of Transportation Standard Specifications for Road and Bridge Construction" 2004 edition, which are part of the Contract Documents. Wherever the term "Department", "State of Florida Department of Transportation" or "Director" appears, it shall be understood to mean the "City" or the "Engineer" as applicable, and as defined herein. e. Engineer: The City's Director of Public Works or his authorized representative Beiswenger, Hoch and Associates, Consulting Engineers. f. Force Account: Basis of Payment for "Extra Work". g. Inspector: An authorized representative of the "Engineer" assigned to make all necessary inspections of the materials furnished by the Contractor and of the work performed by the Contractor. h. Bidder: Any individual, firm, or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. i. Contractor: The party of the second part to the Contract. The person, firm, or corporation, holders of a current Certificate of Competency applicable to the type of work to be performed, with whom a Contract has been made directly or through accredited representatives that may have entered into a Contract with the City of Sunny Isles Beach, (City) Florida, and who is primarily liable for the acceptable performance of the work for which he has contracted and also for the payment of all legal debts pertaining to the work. j. Subcontractor: A person, firm or corporation supplying labor and materials or labor for work under subcontract at the site of the project. k. Emergency: A temporary unforeseen occurrence or combination of circumstances, which endangers life or property and calls for immediate action or remedy. General Specifications Oct. 2007 Page 1 of 15 1. Surety: The corporate bond company or individual which is bound by the Contract Bond with and for the Contractor, who is primarily liable, and which engages to be responsible for his acceptable performance of the work of which Contract has been made and for his payment of all debts pertaining thereto. m. Plans: The official approved Plans, or exact reproductions thereof, which show the location, character, dimensions, and details of the work to be done and which are to be considered as a part of the Contract supplementary to this agreement. n. Specifications: The directions, provisions, and requirements contained herein or attached hereto, together with all written agreements made or to be made, setting out or relating to the method and manner of performing the work or to the quantities and qualities of materials and labor to be furnished under the Contract. o. Contract: The Contract shall include the Request for Proposal, Instructions to Bidders, Plans, General Specifications, Special Provisions, and Contract Bond. F.D.O.T. Standard Specifications for Road and Bridge Construction shall govern, also any and all Supplemental Agreements required to complete the construction of the Project in a substantial and acceptable manner. p. Contract Bond: Also known as the "Contractor's Performance and Payment Bond" or "Performance Bond". A Cash Bond, furnished by the Contractor, or a Surety Bond furnished by the Contractor and his Surety as a guaranty of good faith that he will execute the work in accordance with the terms of the Contract. q. Bid Bond: A Cash Bond furnished by the Contractor or a Surety Bond furnished by the Contractor and his Surety with the bid as a guaranty of the Bidder's good faith, ability and readiness to execute the Contract and the Contract Bond. r. Special Provisions: Specific clauses including the "Instructions to Bidders" and the General Covenants and Specifications and Supplemental Agreements, if there be any, setting forth conditions peculiar to the project under consideration. s. Cash Bond: A certified check or cashier's check furnished by the Contractor in lieu of a Surety Bond for either a Bid Bond or a Contract Bond, or a Maintenance Bond covering the same required amounts and providing the same guarantee as contained in the respective Surety Bond. A certified check or cash amount shall be furnished simultaneously with the respective, completed approved form of Cash Bond provided to the Contractor previously by the City as part of the Contract Documents. The Contractor may deposit the above- mentioned check or cash with the Finance Director of the City prior to the Bid opening date and attach a receipt from the above County Officer to his bia as evidence of his compliance with the requirements contained herein. t. Maintenance Bond: A Cash Bond or approved form of security furnished by the Contractor or by the Contractor and his Surety as a guaranty of good faith that he will perform any maintenance or repairs in accordance with the terms of the Contract. General Specifications Oct. 2007 Page 2 of 15 u. Material: Materials incorporated in the Project, or used or consumed in the performance of the work. v. Retainage: Amount retained equivalent to lO% of each invoice to be restituted to the Contractor within 60 days after acceptance by the City of work. The City will not accept Substitution of Securities for Retainage. 2. Plans and Specifications The specifications referred to herein shall include General Specifications and Special Provisions written by the City and Governing Standards and Specifications indicated on Sheet 1 of the Construction Plans and attached hereto. The Plans and Specifications, along with all other documents that make up and constitute the Contract, shall be followed in strict accordance as to work, material, and dimensions except when the Engineer may authorize, in writing, an exception. Dimensions given in figures are to hold preference over scaled measurements from the drawings; However, the Engineer shall decide upon all discrepancies and the Contractor shall not proceed when in doubt as to any dimension or measurement. The Contractor shall be furnished four (4) copies, free of charge, of the Plans and Specifications; two (2) of which shall be preserved and always kept accessible to the Engineer and Contractor's authorized representatives. Additional copies of the Plans and Specifications may be obtained from the City at the cost of reproduction. 3. Intention: It is intended that these Contract Documents and the accompanying Plans and Specifications which make up and constitute the Contract shall cover all aspects of the work with explicit provisions, and it is understood that the Contractor has, by personal examination and inquiry if necessary, satisfied himself as to the local conditions and as to the meaning, requirements and reservations of the Plans and Specifications; for after the letting, no deviation will be allowed from the Engineer's interpretation ofthe Plans and Specifications and the Contract. In case errors or omissions are discovered, they are to be corrected or supplied by the Contractor without extra cost to the City according to the apparent intention of the designing engineer. Work or materials strictly extra are hereinafter provided for. 4. Notice and Service Thereof: All notices given by the City under the provisions of this Contract shall be in writing and may be served in any of the following manners: a. By delivery of such notice to the Contractor or to any officer of the Contractor if said Contractor be a corporation, or to any agent or superintendent of the Contractor. b. By mailing such notice by Certified mail to the address of the Contractor shown on the Contractor's Proposal for bid. 5. Datum: General Specifications Oct. 2007 Page 3 of l5 All elevations are referred to U.S. Coast and Geodetic Survey Datum, unless otherwise noted on the Plans. 6. Base Lines and Bench Marks: The Engineer will be the only person in charge of establishing Base Lines and Bench Marks (BM's). The Contractor shall layout his work from these engineering control points and shall be responsible for all measurements in connection with the construction, subject to check and correction by the Engineer. The Contractor shall furnish all labor and material, at his expense, necessary to facilitate engineering control of the work. 7. Payment of Test by City: Except when otherwise specified in the Special Provisions, the expense of all tests requested by the Engineer will be borne by the City. Procedure for making tests required by the Engineer will be in conformance with the Florida Department of Transportation Specifications for the particular material involved. Tests rendering unsatisfactory reports shall be cause for rejection. The cost for all retesting shall be deducted from the final payment made to the Contractor. 8. En2:ineer: The supervision of the execution of this Contract is vested wholly in the Engineer, and the orders of the City Manager are to be given through him. The instructions of the Engineer are to be strictly and promptly followed in every case. The Contractor may designate a foreman or other representative to receive such instructions in his absence, and failing to do so, he will be held responsible for the execution of any instructions it may be necessary to give in his absence. The Engineer is to have free access to the materials and the work at all times for laying out, measuring, inspecting or directing the same, and the Contractor is to afford him all necessary facilities and assistance for so doing. The Engineer's stakes, grades or lines are to be preserved by the Contractor, or reset at the Contractor's expense. To prevent all disputes and litigations, it is agreed by the parties hereto that the Engineer shall decide all questions, difficulties and disputes of whatever nature which may arise relative to the interpretation of the Plans, construction, prosecution and fulfillment of this Contract, and as to the character, quality, amount and value of any work done and materials furnished under or by reason of this Contract, and his estimates and decisions upon all claims, questions, and disputes shall be final and conclusive upon the parties thereto. Inspectors shall have no authority to permit deviations from, or to relax any of the provisions of these General Specifications without the written permission or instruction of the Engineer, or to delay the Contract by failure to inspect the materials and work with reasonable promptness. The payment of any compensation, whatever may be its character or form, or the giving of any gratuity, or the granting of any valuable favor by the Contractor to any Inspector, directly or indirectly, is strictly prohibited and any such act on the part of the Contractor will constitute a violation of this Contract. The Engineer will appoint such inspectors as are necessary to pass upon the amount, quality and character of the materials to be supplied or to supervise the execution of the work contemplated under this Contract. The duties and functions of such officials are purely supervisory and their General Specifications Oct. 2007 Page 4 of 15 decisions are to be binding only in the absence of the Engineer, and shall be subject to his review, when in the judgment of the inspectors the work or materials are not in accordance with the Specifications, they shall have the power to stop the work, which shall not be resumed until the Engineer has rendered his decision upon the matter in dispute. 9. Quantities: The right is reserved to change the Plans and Specifications consistently with the general intention of the Contract for any part of the work or materials, either before or after constructions has begun. Notice of such changes shall be given in writing to the Contractor; such changes are not to be grounds for any claim by the Contractor for damages, nor for the forfeiture of the Contract. 10. Supervision and Inspection: The structures herein considered are to be constructed for the City by the Contractor in accordance with the Specifications and accompanying Plans. The Engineer may give instructions or directions to supplement the Plans and Specifications. These shall be binding upon the Contractor and upon all his subcontractors, employees and agents of every kind. The Contractor shall not retain in connection with the work any employee, agent or subcontractor whose presence shall be deemed prejudicial to the work. Where words "Directions of', "Approval of', and similar phrases occur in these Specifications, such directions and approvals are understood to be functions of the Engineer and his representatives. The Contractor's procedure and methods of construction may be of his own selection provided they secure results, which satisfy the requirements of the Plans and Specifications. Permission by the Engineer to use any particular device or method of construction shall not relieve the Contractor from full responsibility for any failure, which may arise therefrom. All materials and every process and operation of manufacture, construction, and erection shall be subject to inspection at all times, and the Engineers and their representatives shall have free access to all parts of the work of construction and erection. Every facility desired for inspecting the workmanship and testing the qualities of material shall be furnished by the Contractor, and the City shall have the right to take suitable samples of all materials for testing or examination. Except when otherwise specified herein, the City, at the City's expense, shall make all required tests. Rejected materials shall be removed promptly from the vicinity of the work; and workmanship and processes deemed to be faulty should be corrected immediately upon request. The Contractor shall remove, reconstruct, replace and make good, as may be directed, without charge, any defective work. Oversight or error or judgment of inspectors, or previous acceptance, shall not relieve the Contractor from the obligation to make good defects whenever discovered. If the Engineer requests it, the Contractor shall at any time before final acceptance of the work remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing and replacing of the covering or making good of the parts removed shall be paid for as "Extra Work", but should the work so exposed or examined prove unacceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed shall be at the Contractor's expense. No work shall be done, nor materials used, without suitable supervision or inspection by the Engineer or his representative. Failure to reject any defective work or material shall not in any way prevent later rejection when such defect is discovered or obligate the City to final acceptance. General Specifications Oct. 2007 Page 5 of 15 All materials, processes and workmanship other than cement, treated lumber and metal work and its manufacture, will be inspected at the site of the structure. If the Contractor desires that any of them be inspected elsewhere, the Engineer will inspect them at the place designated by the Contractor, but all expenses, including a reasonable per diem to the Engineer, incurred in making such inspection shall be borne by the Contractor, and shall be paid monthly or shall be deducted from the monthly estimates by the City and paid to the City. An Inspection Bureau designated by the Engineer shall do treated lumber testing at the mills. When the structure is ready for final inspection, the Contractor shall so notify the Engineer in writing. After defects or omissions noted during such final inspection are made good, the work will be accepted and final estimate rendered. It is expressly understood that the Contractor is in all respects an independent contractor for this work, notwithstanding under certain conditions he is bound to follow the directions of the Engineer, and is in no respect an agent, servant, or employee of the City. 11. Materials and Workmanship: The Contractor shall provide the services of all workmen, mechanics, tradesmen and other employees trained and skilled in their various occupations; and all materials except such as may be specifically excluded in the drawings or specifications; and shall construct completely ready for its intended purpose, the structure or parts thereof covered by the Contract, and the Plans and Specifications. These Plans and Specifications intend to provide for the structure or parts thereon under consideration to be fully completed and suitable in every feature for the purpose designed, and the Contractor shall supply all materials and work incidental to, or described or implied as incidental to, the construction included under this Contract, notwithstanding any omission in the drawings or specifications. Wherever not explicitly described, materials and workmanship of every kind shall be first class. The Contractor shall perform his work in proper sequence to the work of other Contractors and to acts or operations of the City, and shall properly join his work to existing or new construction. 12. Contract Securitv: The Contractor agrees to execute and deliver simultaneously with the executed Contract, a Contractor's Performance and Payment Bond on bond forms accepted by the City. The Bond(s), in the amount of One Hundred Percent (100%) of the Contract amount may be in the form of a Surety Bond written through a local surety bond agency, rated as to Management and Strength as set forth on Section 100, Article 15 and the following Paragraphs: On bond amounts of 500,000 or less, the provisions of Section 287.0935, Florida Statutes (2004, as amended) shall be in effect and surety companies not otherwise qualifying with this paragraph may optionally qualify by: 1. Providing evidence that the surety has twice the minimum surplus and capital required by the Florida Insurance Code at the time the invitation to bid is issued, 2. Certifying that the surety is otherwise in compliance with the Florida Insurance Code, and 3. Providing a copy of the currently valid Certificate of Authority issued by the United States Department of the Treasury under ss. 31 U.S.c. 9304-9308. General Specifications Oct. 2007 Page 6 of 15 b. Surety insurers shall be listed in the latest CIrcular 570 of the U.S. Department of the Treasury entitled "Surety Companies Acceptable on Federal Bonds", published annually. The bond amount shall not exceed the underwriting limitations as shown in this circular. c. The attorney-in-fact or other officer who signs a Contract Bond for a surety company must file with such bond a certified copy of his power of attorney authorizing him to do so. The surety's resident Florida Agent must countersign the Contract bond. The Contractor may in lieu of a surety bond, submit a cash bond, conditioned upon the faithful performance of the work in strict accordance with this Contract and with the Plans and Specifications and the completion of the same free from all liens and within the time limit herein specified. The said Bond shall be so worded as to make the Contract a part thereof and shall contain a clause providing the right of suit or action for whose benefit said bond shall be executed as disclosed by the text of said Bond and Contract to the same extent as if he or they were the obligee or obligee therein specifically mentioned, and all such persons shall be held or deemed to be obligee thereof. Section 255.05, Florida Statutes, as amended, provide for the following conditions to be made in all Performance and Payment Bonds relating to public projects. "A claimant, except a laborer, who is not in privity with the Principal and who has not received payment for his labor, materials, or supplies shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Principal with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Principal and who has not received payment for his labor, materials, or supplies shall, within ninety (90) days after performance of the labor or after c0111plete delivery of the materials or supplies, deliver to the Principal and to the Surerj 'vvritten notice of the performance of the labor or delivery of the materials or supplies and of the non- payment. A no action for the labor, materials, or supplies may be instituted against the Principal or the Surety unless both notices have been given. No action shall be instituted against the Principal or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies". 13. Plant and Program of Construction: The Contractor shall supply all plant, tools, and equipment of every kind, ample in quantity and capacity, in good working order and suitable in character to carry on the work of his Contract according to the approved program. Precaution shall be exercised at all times for the protection of persons and property. The safety provisions of the Occupational Safety and Health Act of 1970 (Public Law 91-596) and other applicable laws, building and construction codes shall be observed. Machinery, equipment and other hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction", published by the Associated General Contractors of America, to the extent that such provisions are not in contravention of applicable law. General Specifications Oct. 2007 Page 7 of 15 14. Force Account Work: All extra work done on a "Force Account" basis shall be performed by such labor, tools and equipment as may be specified by the Engineer and will be paid for in the following rnanner: a. For all labor and foremen in direct charge of the specified operations, the Contractor shall receive the current local rate of wages for each and every hour that said labor and foremen are actually engaged in such work, to which shall be added an amount equal to twenty five percent (25%) of the sum thereof which shall be considered as full compensation for general supervision and the furnishing and repairing of small tools and ordinary equipment used on the Contract, such as picks, hand shovels, plows, scrapers, road graders, etc. b. For all materials used, the Contractor shall receive the actual cost of such materials, delivered at the site, as shown by original receipted bills, but no percentage shall be allowed on it. The City retains the right to audit all work performed on a force account basis for a period of one (1) year after acceptance of the work by the City. c. For any special equipment or machinery, such as power driven rollers, tractors, trucks, shovels, drills, concrete mixers, pumps and hoists, required for the economical performance of the work, the Engineer shall allow the Contractor a reasonable rental price for each and every hour that said special. equipment is in use on the work, to which sum no percentage shall be added. The Compensation, as herein provided, shall be received by the Contractor as payment in full for extra work done on a "Force Account" basis. The Contractor's representative and the Inspector shall prepare records of extra work done on a "Force Account" basis at the end of each day. Copies of these records shall be made in duplicate upon forms provided for this purpose by the Inspector and signed by both the Inspector and the Contractor's representative; one copy being forwarded, respectively, to the Engineer or his authorized representative and to the Contractor. All claims for extra work done on a "Force Account" basis shall be submitted, as hereinbefore provided, by the Contractor upon certified statement, to which shall be attached original receipted bills covering the cost of and the freight charges, and hauling on all materials used in such work, and said statements shall be submitted to the Engineer on the current estimate of the month in which the work was actually done. 15. Hurricane or Disaster Services: The Contractor, by accepting the award of this Contract, recognizes and agrees that should a hurricane or other severe and catastrophic natural disaster affect the Miami Dade County area during the performance of the work, the Contractor shall provide services contracted for, during the Contract period, at the unit prices bid to the City, at the same or different locations from those covered by this contract. For emergency services and conditions not addressed by this Contract, the Contractor agrees to negotiate reasonable prices and terms with the City for any disaster relief work required by the City. In all instances, the Contractor agrees to negotiate reasonable time extensions for performance of disaster relIef work. General Specifications Oct. 2007 Page 8 of 15 16. Legal Restrictions, Permits and Traffic Provisions: The Contractor shall procure, at his own expense, all necessary licenses and permits and shall give due and adequate notices to those in control of all properties, which may be affected by his operations. The Contractor shall conform to all applicable laws, regulations, or ordinances with regard to labor employed, hours of work and his general operations. The Contractor shall so conduct his operations that he shall not close any thoroughfare nor interfere in any way with traffic on railway, highways, or on water, without the written consent of the proper authorities. 17. Royalties on Patents All fees or royalties for any patented articles or operations of construction used in this structure or any part thereof of any materials, tools, implements, machinery, fixtures or anything used by the Contractor, shall as indicated in Section 700, paragraph 6.07. 18. Liabilities, Damages and Accidents: The Contractor shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents, construction supervision representatives or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the Agreement by the Contractor or its employees, agents, servants, partners, principals or subcontractors. The Contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Contractor shall in no way limit the responsibility to indenmify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The Contractor shall store materials and shall be responsible for and shall maintain partly or wholly finished work during the continuance of the Contract and until the final acceptance of the structure. If any materials or part of the work are lost, damaged, or destroyed by any cause or means whatsoever, the Contractor shall satisfactorily repair and replace the same at his own cost. The Contractor shall maintain suitable and sufficient guards and barriers, and at night, suitable and sufficient light for the prevention of accidents. 19. Assignment of Contract: Neither the Contract, nor any part thereof, nor any monies due or to become due thereunder, may be assigned by the Contractor without the prior written approval of the City. General Specifications Oct. 2007 Page 9 of 15 20. Insurance: Prior to execution of the Contract by the City and commencement of work, the Contractor must obtain all insurance required under this paragraph and submit it to the City for approval. All insurance shall be maintained until work has been completed and accepted by the City. The Contractor shall furnish to the City of Sunny Isles Beach: 1. Original Certificate(s) of Insurance which clearly indicate that he has obtained the insurance coverage required in paragraphs a, b, c and d. 2. Original Policies, which indicate the coverage required in paragraphs e and f. Both certificates and policies will all indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the City of Sunny Isles Beach, c/o the City Manager. a. Worker's Compensation Insurance as required by Chapter 440, Florida Statutes. b. Public Liability Insurance on a Comprehensive basis, in an amount not less than $ 1,000,000.00 per occurrence for Bodily Injury and Property Damage combined. c. Contractual Liability Insurance - covering all liability arising out of the terms of the Contract Documents. d. Automobile Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work, in an amount not less than $500,000 per occurrence for Bodily Injury and Property Damage combined. e. Owner's Protective Liability Insurance - issued in the name of the City as sole insured, in amounts as indicated in (b) above. This policy must be endorsed to indicate that any premium, whether deposit or final, will be the sole obligation of the Contractor. f. When so required in the Special Provisions, the Contractor shall obtain Completed Value Builders' Risk Insurance - on an "All Risk" basis in an amount not less than one hundred (100%) percent of the insurable value of the building(s) or structure(s). The policy shall be in the name of the City of Sunny Isles Beach, and the Contractor, as their interests may appear. The Public Liability Insurance coverage as required in paragraph (b) above shall include those classifications, as listed in Standard Liability Insurance Manuals, which are applicable to the operations of the Contractor in the performance of this Contract. All insurance policies required above shall be issued in companies authorized to do business under the laws of the State of Florida, with the following qualifications as to management and financial strength: The company must be rated no less than "B" as to management and no less than Class "V" as to financial strength, by the latest (1986 or later) edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. General Specifications Oct. 2007 Page 10 of 15 Note: See Special Provisions for any modifications to these insurance requirements. 21. Annulment of Contract If the Contractor fails to begin the work under Contract within the time specified, or fails to perform the work with sufficient workmen and equipment or with sufficient materials to insure the prompt completion of said work, or shall perform the work unsuitably or cause it to be rejected as defective and unsuitable, or shall discontinue the prosecution of the work, or if the Contractor shall become insolvent or be declared bankrupt, or commit any act of bankruptcy or insolvency, or allow any final judgment to stand against him unsatisfied for a period of 48 hours, or shall make an assignment for the benefit of creditors or from any other cause whatsoever shall not carry on the work in an acceptable manner, the Engineer may give notice in writing to the Contractor and his Surety of such delay, neglect or default, specifying the same. If the Contractor, within a period of ten (10) days after such notice, shall not proceed in accordance therewith, then the party of the first part shall, upon written certificate from the Engineer of the fact of such delay, neglect or default, and the Contractor's failure to comply with such notice, have full power and authority, without violating the Contract, to take the prosecution of the work out of the hands of said Contractor, to appropriate or use any or all materials and equipment on the ground as may be suitable and acceptable, and may enter into an agreement for the completion of said Contract according to the terms and provisions thereof, or use such other methods as in his opinion shall be required for completion of said contract in an acceptable manner. All costs and charges incurred by the City, together with the cost of completing the work under Contract, shall be deducted from any monies due or which may become due said Contractor. In case the expense so incurred by the City shall be less than the sum which would have been payable under the Contract, if it had been completed by said Contractor, then the said Contractor shall be entitled to receive the difference. In case such expense shall exceed the sum which would have been payable under the Contract, then the Contractor and the Surety shall be liable, and shall pay to the party of the first part the amount of said excess. If a Cash Bond was furnished in lieu of a Surety Bond, the Contractor shall be solely liable and all reference herein to joint liability between the Contractor and the Surety shall be deleted and all expenses incurred by the City under the conditions stipulated in this Article shall be recovered from the Contractor by enforcing the provisions of the Cash Bond. 22. Notice to Proceed: For Contracts wherein a specified number of days for completion is stated in the Bid Form, the effective date of the "Notice to Proceed with Contract Work" will be established during the Pre-Construction Conference which is held shortly after the Award of Contract and which is attended by members of the Public Works Department, the Contractor, representatives of utilit)1 companies, and others affected by the work. The effective date shall be set as a date not later than ten (10) calendar days after the date of execution of the Contract Documents, unless a later date acceptable to both parties is agreed upon. 23. Commencement, Delays and Completion of Work: After complete and final execution of the Contract, and after reconciliation of any details or conditions, which may directly or indirectly interfere or conflict with work of the Contract, the General Specifications Oct. 2007 Page 11 of15 Engineer will issue a "Notice to Proceed with Contract Work" to the Contractor. The effective date on which work of the Contract is officially authorized to commence will be established and stated in said Notice and the Contractor shall commence work on said date. If the Contractor should be delayed in the progress of the work included in the Contract by unforeseeable causes beyond his control, the City Manager may extend the time for completion of the work upon recommendation of the Engineer and approval. Requests for extension of time must be submitted in writing to the Engineer within ten (10) days from the beginning of such delay. Extensions of time cannot legally be approved unless the written request is submitted in time to permit it to be acted upon before the Contract expiration date. To allow sufficient time for administrative procedures required to obtain action by the City Manager, the Engineer must receive a request for time extension at least sixty (60) calendar days prior to Contract expiration date. Liquidated damages resulting from factors beyond the control of the Contractor, which occur too late to allow the City Manager may waive time for action by the City Manager approving a time extension. Such waiver may be granted only when the Engineer determines that the delay is beyond the control of the Contractor, and in this event the Contractor shall not be charged with liquidated damages or any excess cost when the delay in the completion of the work is due: a. To any order duly issued by the City changing the Contractor's approved work schedule; b. To unforeseeable cause beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the City, acts of another Contractor in the performance of a Contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and severe weather; and c. To any delays of subcontractors or suppliers occasioned by any of the cause specified in subparagraphs (a) and (b) above. Provided further that the Contractor shall, within ten (10) days from the beginning of such delay, notify the Engineer, in writing, of the causes of the delay, the Engineer shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of his decision in the matter. The Contractor shall assume all risks resulting from delays except that should the City, by act or omission, cause delays which result in actual loss to the Contractor, reimbursement thereof will be adjusted and allowed by the City only after being notified in writing by the Contractor at the time of the delay and after being given an opportunity to verify such money losses as they occur. No payment or adjustment will be allowed the Contractor as reimbursement for any other delays whatsoever, regardless of by what or by whom caused, even though by other Contractors on the same work, or by times, seasons, or weather; other than amounts provided in the Contract for payment which shall be understood to include and cover all risks due to delays except as stated in the foregoing. If the Contractor fails to complete the work within the time limit, and if the City should nevertheless permit the Contractor to continue and complete the same without official extension of time in writing, such permission shall not modify nor waive any liability of the Contractor for General Specifications Oct. 2007 Page 12 of 15 damages arising from non-completion of work within the time limit, but all such liabilities shall be subject to continuation in full force against the Contractor. 24. Materials and Supplies: It is understood and agreed by and between the parties hereto that the materials to be used in any work performed under this Contract and specifications, with the exception of structural metal work, machinery and treated lumber, shall be purchased to the extent possible from or through merchants located within the City of Sunny Isles Beach, Florida. 25. "Or EQual" Clause: Whenever a material, article or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers or vendors names, trade names, catalog numbers, or otherwise, it is intended merely to establish a standard; and, any material, article, or equipment of other manufacturers and vendors which will perform or serve the requirements of the general design will be considered equally acceptable provided the material, article, or equipment so proposed, is, in the opinion of the Engineer, equal in substance, quality and function. It shall not be purchased or installed by the Contractor without the Engineer's prior written approval. 26. Plans and Working Drawings: Certain plans supplied by the City accompany and supplement these Contract Documents. The City through its Engineer shall have the right to modify the details of these plans, to supplement these plans with additional plans or with additional information as the work proceeds, all of which shall be considered as plans accompanying these Specifications herein generally referred to as the "Plans". In case of disagreement between the Plans and Specifications, the Specifications shall govern. The Contractor shall prepare whatever detailed working drawings are necessary to enable him to fabricate, erect and construct all parts of the work in conformity with the Plans and Specifications. Working drawings shall include shop drawings and erection diagrams for structural steel. Working drawings shall be submitted to the Engineer in quintuplicate; two sets will be returned to the Contractor approved or showing the changes or corrections required; if changes or corrections are required, five copies shall be resubmitted until they are approved. The Contractor shall report any errors or discrepancies found in the drawings to the Engineer, who will make or approve necessary corrections. The City shall not be responsible for errors or minor discrepancies of the Contractor's drawings, even though approved, or for minor errors or minor discrepancies of the Engineer's drawings. Payment for working drawings, revisions thereof, and for copies furnished, shall be included in the amounts bid for materials or Work. The Contractor shall furnish as many sets of paper blueprint copies for working drawings as the City and the Engineer may need for the Work. The Contractor should allow a minimum of fourteen (14) calendar days for the City's approval of shop drawings. 27. Explosives: No explosives or blasting shall be used or done in the project. General Specifications Oct. 2007 Page 13 of 15 28. Subcontractors: The Contractor is as fully responsible to the City for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by said subcontractor, as he is for the acts and omissions of persons directly employed by him. Nothing contained in the Contract Documents shall create any contractual relations between any subcontractor and the City. 29. Final Cleaning-Up Upon completion of the work specified herein and before acceptance and final payrnent shall be made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials and temporary structures. All disposal of materials, rubbish and debris shall be made at a legal disposal site or by other prior approved manner. Material cleared from the site and deposited on adjacent or nearby property will not be considered as having been disposed of satisfactorily. 30. Non-Discrimination in Emplovment: In accordance with this Proposal, the Contractor agrees to make no discrimination because of race, color, creed or national origin with respect to employment or personnel on this project, and that all persons having the experience and skill necessary to perform the Work shall be afforded equal opportunity of employment for the Work to be performed at the site of this Project. 31. Conflict ofInterest Ordinance: The Contractor agrees to abide and be governed by Miami-Dade County Ordinance No. 72-82 (Conflict of Interest Ordinance), as amended, and the provisions of Section 62-16, Code of the City of Sunny Isles Beach, which is incorporated herein by reference as if fully set forth herein, in connection with its Contract obligations hereunder. 32. Independent Private-Sector Inspector General (IPSIG): The City shall have the right but not the obligation to retain the servIces of an independent private-sector inspector general (IPSIG) who may be engaged to audit, investigate, monitor, oversee, inspect and review the operations, activities and performance of the Contractor and City in connection with this Contract. The scope of services performed by an IPSIG may include, but are not limited to, monitoring and investigating compliance with Contract Specifications; project costs; and investigating and preventing corruption and fraud. The IPSIG may perform its services at all levels of the contracting and procurement process including but not limited to project design, establishment of bid specifications, bid submittals, activities of the Contractor, its officers, agents and employees, lobbyists, city staff and elected officials. Upon (10) ten days written notice to the Contractor from an IPSIG, the Contractor shall make all requested records and documents available to the IPSIG for inspection and copying. The IPSIG shall have the right to examine all documents and records in the Contractor's possession, custody or control which in the IPSIG's sole judgment pertain to performance of the Contract, including but not limited to original estimate files, bid and change order estimates, worksheets, proposals and agreements from and with successful and unsuccessful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial documents, construction General Specifications Oct. 2007 Page l40f15 documents, bid and contract documents, back-charge documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records, and supporting documentation for the aforesaid documents and records. The provisions in this paragraph shall apply to the Contractor, its officers, agents and employees. The Contractor shall incorporate the provisions in this paragraph in all subcontracts and all other agreements executed by Contractor in connection with the performance of the Contract. Nothing in this Contract shall impair any independent right of the City to conduct audit or investigative activities. The provisions of this paragraph are neither intended nor shall the Contractor or third parties construe them to impose any liability on the City. END OF DOCUMENT General Specifications Oct. 2007 Page 15 of 15 SECTION 00300 BID FORM Southesstem EngIneering Cotlb~ -. ... 12054 NoW. 98th Avenue, Hialeah GaIdena, fl ~1~ Bid of (Name of Bidder) Address Phone ~YSS?~-Z Z~ Fax:~#~.s:-S-?PS-<:::8 To furnish all materials, equipment and labor and to perform all work in accordance with the Contract Documents for construction of: CENTRAL ISLAND DRAINAGE AND STREETS IMPROVEMENTS located in the CITY OF SUNNY ISLES BEACH. To: CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, Florida 33160 The undersigned Bidder has carefully examined the Bidding Documents and the site of the proposed work and is familiar with the nature and extent of the work and any local conditions that may in any manner affect the work to be done. 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 UNIT BID PRICE SCHEDULE Unit Item No, Description Estimated Unit Price Amount Quantity US$ US$ 101-1 Mobilization 1.0 LS 7.:>: 000 ~ 7S ODO ~ 102-1 Maintenance of Traffic 365 LS/Da /j? t:e 51) 00502- 102-3 Commercial Material for Driveway 500 CY 38....' I q. O(X) ...:. 102-14 Traffic Control Officer 200 MH c.J.g ~' <<] [.00 ..~ 102-61 Project Sian, (see Special Provisions) 3 Ea 300~ 2' '100 t.~ 102-71-11 Barrier Wall (temporary) 100 LF tf-O'!1 tI,oOO~ 102-71-21 Barrier Wall (relocation) 300 LF ..!> S' J() ..":,t 104-13-1 Staked Silt Fence 500 LF {p 3 (Jot) ~ 109-71-1 Field Office (300 SF Min.) 365 Da (PO 21 Q06 ~ 11 0-3- 7 Removal and Disposal of Drainaae Structures 20 EA J.,()()O '2 lfO 000 l~' Removal of Existing Concrete Sidewalk (4" and )..). Q-" ;l8,Z6 o~ 110-4-1 6" Thick Included) 1,298 SY 110-4-1-1 Removal and Disposal of Existina Curb and Gutter 1,519 SY ..32~ 'f r. (.,(J'J ~ Oct. 2007 00300-1 Exhibit "B" 120-1 Reaular Excavation 1,101 CY /$~ /9, gJg ~ 230-2 Limerock Material (12" Thick) 1,233 CY I~() ~ I cf 7.960 t!- 327-70-1 Millina of existina Pavement (1" Avq.) 23,787 SY ;J., if) ?3j q iJ.. ..?..E. 331-2-1A Type S-1 Asphaltic Concrete (3' AVQ.) 3,611 Ton II /) of> 3CJ7Jlo ~ 425-1-331 Curb Inlet Tvoe P-3 (<10') 1 Ea I 'J /)/) "" f 7()() oc> 425-1-341 Curb Inlet Tvoe P-4 (<10') 1 Ea 77 tJd '!!' I. 7tJtJ ~ 425-1-351 Curb Inlet Tvoe P-5 (<10') 8 Ea ,~ hatJ ~ ~ Cd/) ~ 425-1-361 Curb Inlet Type P-6 (<10") 18 Ea 3 /or)~' .s5gM~ 425-1-521 Ditch Bottom Inlet Tvoe C(<10') 22 Ea ~ ) I iJtJ o.!, (/t, d.IJ If ~.!2 425-1-541 Ditch Bottom Inlet Tvoe 0 (<10') 32 Ea ~ ~ro~ fO. ()tJf) ~ 425-1-542 Ditch Bottom Inlet Tvoe 0 (>10') 1 Ea ./ DO C(J 3 lOt) DO 425-1-671 Inlet Tvoe P-11 (Dade County Std <10') 5 Ea J . t,-fY) f.!!' /.l,rj ()() W 425-2-41 Manhole Tyoe P-7 (<10') 26 Ea ;;. 1.V>d ~ SJ ()OtJ ~ 425-2-42 Manhole Tvpe P-7 (>10') 3 Ea .2. lillO.:;' 7,:).{J{) r.t:.' 425-5 Manhole (Adiust) 29 Ea ~()~ 7M/) cg 430-171-123 Pipe Culvert 15" RCP 63 LF }:,l\00 4; 1c2Jj"t..V 430-171-125 Pipe Culvert 18" RCP 5,882 LF ql/~ 5!>"L. tjfJ8 9) 430-171-129 Pipe Culvert 24" RCP 2,748 LF rf(~' Ir]..bcr.30l/~ 430-941 Pipe Desiltina 500 LF IDCE 5 Om qg 440-1-60 Underdrain Tvpe Soecial (Swale Trench) 3,490 LF 33 '<)Y l/s/iD te 520-1-10 Concrete Curb and Gutter Type F 1,686 LF d:S~ /:;5 {..,38~ 520-3 Concrete Valley Gutter (3' wide) 908 LF .33 D';: ;)C{ 91:N ~ 520-6 Concrete Shoulder Gutter 331 LF t+R ,~ J');'ggg t:<.l 522-1 Concrete Sidewalk (4" Thick) 3,698 SY tJ6q;. III 7 9'c:J~ ':: 522-2 Concrete Sidewalk (6" Thick) 166 SY UJT ~ 7, % rJl D!:? 523-1-2 Patternedffextured Pavement (Stamped) 39 SY /50 ()C> 5. 8$0 C9 Sodding St. Augustine (including fertilizer and SeE Iler ts5~ 575-2 waterinq) 23,931 SY 580-327-2 Relocation of Small Trees 20 Ea ~!)u C!: 7 ooiJ ~ 700-20-11 Sinqle Post Sian 122 AS ~ lJ() c~ ,JCf ~m ~ 700-46-21 Relocate Sinale Post Sian 30 Ea h 0 '::' / g(X) o~ 706-3 Marker Pavement Retro Reflective Marker 384 Ea Lj.,8D / ??l/~ ,~ 711-11-160 Pavement Messaqes (Bike & Arrow) 26 Ea ')tLO 00 b" J,.l./ t) <e 711-11-170 Directional Arrows Thermoplastic (16 SF) 10 Ea (jcP '5 (j D t:!: 1J> y- 711-11-251 Guidelines Yellow Thermoolastic 18 LF (j.7~ ~D .~f.2 ,qb 711-11-140 Skio Traffic 2' of 4' White Thermoplastic 178 LF 0, '1J.. IJS,lb 711-11-122 Solid Traffic Stripe 8'WhiteThermoplastic 902 LF I ' :l() I, IJ 8 J , t.j..D 711-11-123 Solid Traffic Strioe 12" White Thermoplastic 1,735 LF /, 775 J 9t.J.9.50 711-11-124 Solid Traffic Stripe 18" White Thermoplastic 433 LF d.. . /0 1 (f-l. ~D 711-11-125 Solid Traffic Stripe 24" White Thermoplastic 338 LF 6"{;.O I d-I 'J, f<O 711-11-224 Solid Traffic Strioe 18" Yellow Thermoplastic 30 LF 3./0 b' ,,'!! 711-11-110 Solid Traffic Stripe 4" White Thermoplastic 3.775 NM 3 ?dJ q; 1/4,]L J- 0! 711-11-210 Solid Traffic StriDe 4" Yellow Thermoplastic 3.598 NM 3 ;500 <3i /3. b d' ~ <Jf) 730-700 Drainaqe Wells (Exfiltration Wells) 22 Ea 7. (j{)tJ ~ IroJ..grtJ~ 730-70E Drainaoe Wells Structure Steel Casinq 24" ad Stalled 1,166 LF j.~l/- ~ ,~()7,g}.t.J ~ 730-70F Drainaoe Wells Open Hole 24" Dia. 1,100 LF I gO ~ /9 glJ Of) t?:: Total US$ 3.3i'E.'" .~;kJ, D2- 10% , Contingency for the use 331i53J~ of the City US$ Oct. 2007 00300-2 " I I ~~~~ I US$ k,'5J;J'lp,oz. 7J, ~ee. III I 1/1 () P s. 'III l/).I {)~(uS-ji I RTy 7i ue -;hi) t/.5;A p tJ h c~ll Hunf)ep~ h/=iy 7t'uC) ?'r1Uf) Two ee/(/I....s (Written) 'd. ' (Authorized SIgnature) BID SECURITY Accompanying this Bid is a certified or cashier's check or a bid bond in the amount of 5%_ofthe 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 lO calendar 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 ten (10) calendar days after the date of written Notice to Proceed, and further agrees to substantially complete the work within THREE HUNDRED SIXTY FWE (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. The undersigned Bidder agrees that this Bid shall be good and may not be withdrawn for a period of sixty (60) 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 the date established as the date of substantial completion and the actual date of such substantial completion of the contract work, the amount of $500.00 per calendar day. ADDENDA Bid70Wle7 receipt of Addendum No.'s 1. ,2. ,3. ,4. ,5. DatedthiS~YOf~V. ~7 (month) (year) ~ Englneerlng~~ - ----~ -- 12054 M.W. 98th Avenue, Hialeah ~ ft.33()ll ; ._ - ,-II Contractor: Ad,dress: * SEAL * Attachments: Subcontractor List Bid Security Trench Safety Act documentation END OF DOCUMENT Oct. 2007 00300-3 DOCUMENT 00401 . BID BOND .' BIDDER (Name. and Address): SlJIHFASIERN EN;rnEERJIG <INIPACICP-S, OC. .. 12054 N-J <:B Ave Hi R 1 eah Gm::lEns I FL 3J)18 '" SURETY (Name Of!!! Address of Princiva! Place of Busil!esS): f-Il\RTRJlJ) FTRR mCJ.JIW'U: ffi. Hartford PlBza H:n:tford, cr cx)115 . O'VNER (llame a1ld Address): CITY OF SUt'llN"Y iSLES BEACH . I &070 Collins Avenue Sunny Isles Beach, Florida 33160 BID BID ODE DATE: ~r 14, '2ffJ7 PROjECf: (Brief Description including Location): Central Island Drainage and Street Improvement in the City of Smmy Isles Beach, Florida, between CoUins Ave. and Dumfoundling Causeway; 174~' Street (south limit) and 182nd Street (northlimit) BON!) BOND NUMBER: n/a DATE: (Not later than Bid Due Date): N::JvEni::a- 14, '2fD7 PENAL SUM: Five Perc81t of Im::x.nt of Bid (5%,) IN WT1N'ESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on pages 2 and 3 hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. ., l}JDQER. SURETY ~al) (Seal) Attest: l Note: (l)Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable. Bid Bond, Dc!. 2007 0040 ]-1 1. Bidder and Surety, jointly and severally, bind themselves, their heirs. . executors, administrators, successors and assigns to pay to Owner upon default of Bidder any difference between the totaf amount of Bidder's bid and the total amount of the bid of the next lowest, resJ>Qnsible and responsive bidder as deteffil-Ll1erl .by Owner for the Work required by the Contract Documents, provided that: .1.1. If there is no such next lowest, responsible and. responsive bidder, and Owner does not abandon the Project, then Bidder and Surety shall pay to Owner the penal sum set forth on the face of this Bond, and 1.2. In no event shall Bidder's and Surcty's obligation herel.ll1der exceed the penal sum set forth on the face of1:!ll~ Bond. 2. Default of Bidder shall occur upon t..'1e failure of Bidder to deliver within tl:1e time required by the Bidding Documents (or a.."l}' extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any perfonnance and p:l}'mcnt bonds required by the Bidding Documents and Contract Docwnents. 3. This obligation shall be nuIl and void if: 3.1. O\mer accepts Bidder's bid and Bidder delivers ",ithin the time required by the Bidding Documents (or any extension thereof agreed to in \vTiting by Owner) the executed Agreement required by the Bidding Documents <4'1d any pcTformance and payment bonds required by the Bidding Documents and Contract Documents, or 3.2. All bids are rejected by Owner, or 3.3. Owner faiis to issue a notice of award to Bidder wi'thin the time speci11ed in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due. and payabje upon default by Bidder and within 30 calendar days after receipt by Bidder and within Bid Bond. Oct. 2007 00401-2 30 calendar days after receipt by Bidder .and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of toe amount due. 5. Sur~ty wdives :notice or and any and aU defenses based on or arising out of any time extension to issue notice of awnrd agreed to ill writing by Owner and Bidder, provided that the _ total time for issuing notice of award including. extensions shall not in the aggregate exceed 120 days from Bid Due Date without Surety's written consent. 6. No suit OT action shaIi be commenced under this Bond prior to 30 calendar days after the notice of default, as required in Paragraph 4 above, is received by Bidder and Surety and in no case later than one year after Bid Due Date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the' state m which the Project is located. 8. Notices required hereunder' shall be in writing and sent to Bidder and Surety at their. respective addresses shown on the face of this Bond: Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shan be deemed to be effective upon receipt by the party concerned. 9. Surety shaH cause to be attached to thjs Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. ATl)' applicable requirement of any applicable st2t>.lte t1-:at has been omitted from this Bond shall be deemed to be included herein as jf set forth at lengt~~. If any provision of this Bond conflicts with any applicabk provision of this Bond conflicts vlith any applicable provision of any applicable statute, tbenthe 'provision of said statute shall govern and the remainder. of this Bond that is not in conflict therewith shall continue in full fOTce and effect. 11. The term "bid" as used herein includes a bid, offer or proposal as applicable. E1'ID OF DOCUMENT '" Bid Bond, Oct. 2D07 00401-3 ~__n__ I Direct Inquiries/Claims to: PO WER OF A TTO RNEY PO B:~~F~~~l~~~~VENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-151-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 21-221533 ~ Hartford Fire Insurance Company, a corporation duly organized lmder 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 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 orthe 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 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: Emesto Freyre, Fausto Alvarez, Ramon A. Rodriguez, Victor M. Pantin, Carl H. Moll, Carlos Lacasa, Wi/fiam E. Beckham, Marc D. Jacobson, Michael L. Keeby, Mayra Rodriguez of Miami, FL their true and lawful Attomey(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 1:8], 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 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. 0\ ~"''\~ \~ "'- ~~~~ Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT} ss. Hartford COUNTY OF HARTFORD On this 4th day of August. 2004, 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 corp<Jrations 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. hc/rP/~ CERTFlCATE Scott E. Paseka Notary Public My Commission Expires October 31. 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of November 14,2007. Signed and sealed at the City of Hartford. .. /t;7J[l'-kt~ t>- L ' Gary W. Stumper, Assistant Vice President POA 20M p ~ ::3 ~ ~ ~ ~ :::3 ~ ~ ~ ~ ~ ~ ~ ::3 ~ :i3 ::3 ::3 :.:3 ~ ::3 ::3 ~ ~ ~ ~ ~ ~ ~ :3 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a), 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. 1. This swom statement is submitted to~ity of Sunny Isles Beach, Florida by ~d Dominguez ~ [print individual's name and title] ~frlQlnaering~~ for [print name of entity submitting sworn statement] whose business address is 1~ RW. 98th Avenue, Hialeah ~deos, FL ~1a and (if ap.plicable) its Federal Employer Identification Number (FEIN) is q ~&~~ (If the entity has no FEIN, include the Social Security Number of the individual. signing this swom 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 S!ates. and involvi.ng antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentatiOn. 3. 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 information after July I, 1989, as a result of ajury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1) (a), Florida Statutes, means: I. A predecessor or successor of a person convicted of a public entity crime; or 2. An entity under the control of any natural person who is "active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair , market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 5. r 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 Oct. 2007 Form PUR 7068 (Rev. 06/11/92) 00402-1 :51 ~ ~ ~ ~ ~ ~ :3 ~ ~ :3 ~ ~ ~ ~ ~ ~ ~ ::;; ~ ~ ~ :3 :3 ::3 :3 :3 :3 ~ ~ ~ :3 transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies] Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE TF...RESHOLD fl..MOlJNT PROVIDED m SECTION 287.017, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMA nON CO Sworn to and subscribed before me this ~ day of 4/ ,2007. Personally known / OR Produced identification Notary Public - State of -=r lor; d />c (Type of identification) ~~-. ..:i~~:~;J~f.{._ LOURDES RADICE Issi n:~~~~ MY COMMISSION # 00610500 --':."f,o,.,;.~":~,, EXPIRES October 31. LUlU /)398~O 163 Flori<1aNot~ryServlce .com ( rinted typed or stamped commissioned name of notary public) Oct. 2007 Form PUR 7068 (Rev. 06/11/92) 00402-2 L i ~ ~ ~ ~ ~ ~ . 3 3 ~ ~ ~. - . ~ 3 ii ..... ~ ~ ~ ~ ~ ~ .. -- ~ ~ 3 3 3 3 ~ ~ ~ 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 I, 1990. The bidder further identifies the costs of such compliance to be summarized below: \L Trench Safety Unitof Unit Unit Extended Measure Measure (Quantity) Cost Cost (Description) (LFSF) A. -E~~~& ~ 4A;47 !Ii" ~~~ / Zd'e:::;r:? · .,. B. C. D. $ /2. PtS?O .. R Total /' 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 Sub-article 125-4.1 (TRENCH EXCAVATION SAFETY SYSTEM AND SHORING, SPECIAL - TRENCH EXCAVATION). Failure to complete the above may result in the bid being declared non-responsive. Contractor agrees that the above safety compliances and costs are included in h~aCkage Signature of Bidding Contr END OF DOCUMENT Oct. 2007 00403-1 ~ :J ~ ~ ~ ~ ~ 3 3 :3 :3 ~ ~ ~ :3 :3 ~ ~ ~ ~ ~ ::3 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ DOCUMENT 00420 INFORMATION REQUIRED FROM BIDDERS GENERAL INFORMATION The Bidder shall furnish the following information. Failure to comply with this requirement may cause its rejection. Additional sheets shall be attached as required. <- 1. Contractor's Name and Address: ~.am €nainoorinc Co".~ 1ma., 12OMN.W. 98th Avenue. Hialeah Gardans, Fl330t~ 2. Contractor's Telephone and Fax Numbers:~~5?~ e~ ~?Rr';;-4!-- / Contractor's License: 6- /9/~ Primary Classification: ~",,; - i!!!' ,v~~1f 3. 4. Number of years as a Contr~~construction work of the type involved in this Contract: 5. List the names and titles of all officers of Contractor's firm: 6. Name of person who inspected site or proposed work for your firm: Name: Ed OomllrnQ~ d, ~;? 2.'~ '7 Date of Inspection: 7. What is the last project of this nature you have completed? ~~.&!E#-?""4!P ~r.r~~~<:Y' ,. ~$.:r- 8. . Have you ever failed to complete work awarded to you; if so, where and why? ,A/ " 9. Name three individuals or corporations for which you have performed work and to which you refer: /2;-~"A:-- r, /?-T~4C#e d ~~ F ' Oct. 2007 00420-1 .r ::3 - ....... ....... - ~ .:.::; --' :::! :3 ~ 3 ~ ~ ~ ~ :; ~ ~ :3 ~ ~ :3 ~ ~ ~ ~ 3 3 3 ~ ~ ~ ~ ! 10. List the following information conceming of at least five (5) contracts during the last ten (10) years on hand as of the date of submission of this proposal. (In case of co-venture, list the information for all co-ventures). NAME TOTAL CONTRACTED OF CONTRACT DATE OF PROJECT CITY VALUE COMPLETION /~~% r, ~~ee/ '?/Sr- . I % COMPLETION TO DATE '- (Continue list on inset sheet, if necessary) 11. What equipment do you own that is available for the work? ~// 12. What equipment will you purchase for the proposed work? #e? / LF NOTE: Attach additional sheets if required. If requested by the City, the Bidder shall furnish a notarized financial statement, references and other information, sufficiently comprehensive to permit an appraisal of his current financial condition. Oct. 2007 00420-2 ~ -;:; --' ~ ~ ~ ~ ~ ~ :3 ~ ~ ~ ~ ~ ~ ~ ::3 ~ ~ ~ ~ :3 ::3 ~ ~ ::3 :3 ~ ~ ~ ~ :!! 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 4-/~.A'?-r C::;~C/zaTI2 Subcontractor's Name/Address ~A/~ ~~ ~~~.A'?/ ~ r=z U,4'?/(:7~7~ ~"'/G Mft/~T~~ ~ rl... l 2. 3. 4. 5. 6. 7. 8. 9. 10. NOTE: Attach additional sheets ifrequired. Oct. 2007 00420-3 6~!~!~!!!r!! PROJECTS UNDER CONSTRUCTION (FUllY BONDED) PROJECT: CONTRACT AMOUNT: CLIENT: CONTACT PERSON: COMPLETION DATE: BELEN STORM SEWER PUMP STATIONS $6,391,000.00 MIAMI DADE COUNTY MR. ANTONIO COTAREllO, P.E. (305)375-2116 APRil 2008 PROJECT: CONTRACT AMOUNT: CLIENT: CONTACT PERSON: COMPLETION DATE: FLAGAMI/FAIRLAWN STORM SEWER PUMP STATIONS $6,714,352.40 CITY OF MIAMI MR. ED HERALD (305)416-1290 OCTOBER 2007 PROJECT: CONTRACT AMOUNT: ClIEN: CONTACT PERSON: COMPLETION DATE: JOB ORDER CONTRACT FOR HORIZONTAL & VERTICAL CONSTR $10,000,000.00 CITY OF MIAMI MR. GARY FABRIKANT (305)416-1224 MAY 2007 PROJECT: CONTRACT AMOUNT: CLIENT: CONTACT PERSON: COMPLETION DATE: STORM SEWER PUMP STATION BASIN 21 $2,600,000.00 MIAMI DADE COUNTY MR. ANTONIO COTAREllO P.E. (305)375-2116 APRil 2008 PROJECT: CONTRACT AMOUNT: CLIENT: CONTACT PERSON: COMPLETION DATE: ARCH CREEK STORM SEWER PUMP STATIONS $4,869,000.00 DERM MR. PEDRO MARZAN JUNE 2005 PROJECT: CONTRACT AMOUNT: CLIENT: CONTACT PERSON: COMPLETION DATE: NW 79TH AVE IMPROVEMENTS $749,244.00 CITY OF HIALEAH GARDENS MR JOSE LOPEZ PUBLIC WORKS DIRECTOR (305)823-3737 APRIL 2005 12054 N.w. 98th Avenue, Hialeah Gardens, FL 33018 · Phone: (305) 557-4226 . Fax: (305) 557-8568 PROJECT: CONTRACT AMOUNT: CLIENT: CONTACT PERSON: COMPLETION DATE: NW 80TH CT IMPROVEMENTS $155,088.43 CITY OF HIALEAH GARDENS MR. JOSE LOPEZ PUBLIC WORKS DIRECTOR (305)823-3737 N/A PROJECT: CONTRACT AMOUNT: CLIENT: CONTACT PERSON: COMPLETION DATE: 20-INCH WATER TRANS. MAIN AT THE STRAND AVE. BRIDGE $342,000.00 CITY OF NORTH MIAMI BEACH MR. HIEP HUYNH, P.E. (305)948-2925 MAY 2005 PROJECT: CONTRACT AMOUNT: CLIENT: CONTACT PERSON: COMPLETION DATE: NW 47TH AVE CULVERT REPLACEMENT $418,502.80 CITY OF LAUDERHILL MANDY SILANGIL (954)717-1521 JUNE 2005 PROJECT: CONTRACT AMOUNT: CLIENT: CONTACT PERSON: COMPLETION DATE: CANAL 13A CONTROL STRUCTURE & CULVERT CONSTRUCTION $412,136.40 SOUTH BROWARD DRAINAGE DISTRICT MR. LEO SCHWARTZBERG SEPTEMBER 2005 PROJECT: CONTRACT AMOUNT: CLIENT: CONTACT PERSON: COMPLETION DATE: CORONA DEL MAR $1,319,830.00 CITY OF NORTH MIAMI BEACH HIEP HUYNH P.E. (305)948-2925 N/A PROJECT: CONTRACT AMOUNT: CLIENT: CONTACT PERSON: COMPLETION DATE: PONCE DE LEON BLVD. MEDIAN IMPROVEMENTS $1,474,374.00 CITY OF CORAL GABLES TOM SPRINGER N/A 12054 NW. 98th Avenue, Hialeah Gardens, FL 33018 . Phone: (305) 557-4226 . Fax: (305) 557-8568 '6~!~!!!t!r!l Project: Contract Amount: Client: Contact Person: Completion Date: Project: Contract Amount: Client: Contact Person: Completion Date: Project: Contract Amount: Client: Contact Person: Completion Date: Project: Contract Amount: Client: Contact Person: Completion Date: Project: Contract Amount: Client: Contact Person: Completion Date: Project: Contract Amount: Client: Contact Person: Completion Date: Project: Contract Amount: Client: Contact Person: Completion Date: PROJECTS COMPLETED DURING LAST FIVE YEARS (Fully Bonded) N. W. 89th Ave. Drainage Improvements Avenue $103,374.00 City of Hialeah Gardens Mr. Jose Lopez, April. 2005 N.E. 164th St. Hanford Blvd. Phase II $885,670.25 City of North Miami Beach Mr. Hiep Huynh, P.E. (305)-948-2967 March 2005 N.W. 6th Avenue Improvements $3,500,000.00 City of Pompano Beach Mr. Randall Fowler, (954)-786-4144 Aug. 2004 N.W. Il0th Avenue Improvements $2,840,000.00 Dade County Public Works Department Mr. John Risetma, P.E., (305)-375-2116 Aug. 2004 N.E. 18th Aye. Drainage Improvements $467,932.50 City of North Miami Beach Hiep Huynh, P.E. (305)-948-2925 Aug. 2004 SR 836 & N.W. 14th Avenue Pump Station (FDOT) $359,000.00 APAC, Inc. Mr. Andres Obrador, (305)-883-8770 March 2004 N.E. 13th Ave. Medians Beautification $164,425.00 City of North Miami Beach Mr. Hiep Huynh, P.E. (305)-948-2967 Feb. 2004 12054 NW. 98th Avenue, Hialeah Gardens, FL 33018 · Phone: (305) 557-4226 · Fax: (305) 557-8568 -:: Project: Contract Amount: Client: Contact Person: Completion Date: Project: Contract Amount: Client: Contact Person: Completion Date: Project: Contract Amount: Client: Contact Person: Completion Date: - -l Canal 13A Control Structure & Culvert Construction $412,136.40 South Broward Drainage District Leo Schwartzberg September 2005 Corona del Mar $1,319,830.00 City of North Miami Beach Hiep Huynh. P.E. 305-948-2925 N/A Ponce de Leon Boulevard Median Improvements $1,474,374.00 City of Coral Gables Tom Springer, 305-460-5014 N/A 12054 N.W. 98th Avenue, Hialeah Gardens, FL 33018 · Phone: (305) 557-4226 · Fax: (305) 557-8568 1-- -- Project: Contract Amount: Client: Contact Person: Completion Date: Project: Contract Amount: Client: Contact Person: Completion Date: Project: Contract Amount: Client: Contact Person: Completion Date: Project: Contract Amount: Client: Contact Person: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Projects: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Country Club Drive Improvements $1,670,000.00 City of A ventura Mr. Antonio Tomei, (305)-466-8923 Jan. 2004 Northside Utilities & Drainage $1,735,727.00 Miami Dade Aviation Dept., (305)-876-0754 Mr. Steve Rusch, (305)-876-0754 Dec. 2003 S-746 A Install 36" dia. Force Main $1,280,903.00 Miami Dade Water & Sewer Department Mr. Armando Rubio, (786)-552-8148 Sept. 2003 S-746 B Install 24" dia. Force Main $1,077,279.00 Miami Dade Water Mr. Armando Rubio, (786)-552-8148 Sept. 2003 Paving & Drainage Annual Contract (Renewed Contract) $643,400.00 Dade County Public Schools (305)-995-2348 Jan. 20m Metrorail Extension $4,349,000.00 Dade County Public Works Dept. (305)-375-2960 Dec. 2002 East 41 st Street Improvements $311,924.00 City of Hialeah (305)-687-2696 April 2002 Phase I Culvert Improvements $180,000.00 Central Broward Water Control District, (954)-432-5110 March 2002 Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: East 2nd Ave. from 32nd St. to 41 st St. $685,334.00 City of Hialeah Streets Division (305)-687-2696 Feb. 2002 N.E. 164th Street Improvements $688,749.00 City of North Miami Beach, (305)-948-2967 Feb. 2002 East 40th Street $559,640.00 City of Hialeah Streets Division, (305)-687-2696 Feb.2002 East 39th Street $241,331.00 City of Hialeah Streets Division (305)-687-2696 lan.2002 Paving & Drainage Annual Contract $643,400.00 Dade County Public Schools-Francis Hoar, (305)-995-2348 lan. 2002 N.W.96th & lOOth Street Improvements $244,000.00 Miami Shores Village-Fernando Alonso, P.E.- (305)-663-5777 Dec. 2001 Williams Hatfield & Stoner Pump Station # 1 007 $337,300.00 Miami Dade Water & Sewer Dept.-Gary Clarke, (786)-552-8143 Dec. 2001 Signalized Intersection Improvements $194,000.00 City of Coral Gables, Armando Amet - PBS & 1,(305)-460-5014 . Nov. 2001 Kendall Point Storm Sewer $682,613.00 Dade County Public Works Dept.-Rolando Martin, (305)-375-2392 Oct. 200 I Project: Contract Amount: Client: Completion Date: Miami River Storm Sewer Retrofit $330,000.00 Dade County Public Works Dept.-Rolando Martin, (305)-375-2392 January 1993 DIVISION II SPECIAL PROVISIONS 1. General: The applicable portions of the 2004 Edition of the FLORIDA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION and its supplements as amended by the General Specifications and the following Special Provisions, and the, the applicable portions of the SOUTH FLORIDA BUILDING CODE and the PUBLIC WORKS MANUAL OF MIAMI-DADE COUNTY Part I and II, shall apply to this project. All are hereby made a part of this Contract. Unless otherwise noted, all page references in the Special Provisions refer to the FLORIDA DEPARTMENT OF TRANSPORTATION, STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, 2004 edition. 2. Location of Work: The location where the work is to be performed shall be in the City of Sunny Isles Beach, Central Island neighborhood, between Collins Avenue (SR AlA) and the Intracoastal Waterway and NE 174th Street and NE 1 82nd Street (non-included). The exact location and limits of construction are shown in the Plans accompanying these Contract Documents. 3. Scope of Work: The project consists of construction of the storm sewer system throughout the Central Island neighborhood as indicated on the construction plans; sub-surface drainage; drainage wells (deep wells), pavement milling and resurfacing; pavement overbuilt and resurfacing; street widening, pavement markings and signing; tree relocation and misceiianeous tasks to complete the work. 4. Plans: The plans accompanying these Contract Documents are entitled: "CENTRAL ISLAND DRAINAGE AND STREET IMPROVEMENTS" prepared for, THE CITY OF SUNNY ISLES BEACH, October, 2007 5. Limitation of Operations: Section 8-4.] - Night Work: Add the following to this sub article: No work shall be done at all on Saturday, Sunday and designated holidays or any day between the hours of 5 :00 p.m. and 8 :00 a.m., except such work as is necessary for the proper care and protection of the work already performed, or, except that permission to do such work may be secured from the Engineer. 6. Proiect Sign: The Contractor shall construct three (3) "PROJECT SIGNS" (4' x 8' in size) in accordance with a sketch to be provided by the City. The signs shall be constructed of II2-inch Marine Plywood, framed, with supports to be anchored to the ground, newly painted and lettered according to the sketch. Oct. 2007, Special Provisions Page ] of I 5 The signs shall be painted and lettered in accordance with professional outdoor sign painting standards as to layout, symmetry, proportion, clarity, neatness and use of weather-resistant colors and materials. The Contractor shall place the signs, securely braced and mounted, as directed by the Engineer. All materials shall be provided by the Contractor and the signs shall remain the property of the Contractor at the completion of the Contract: No work shall commence until the Project Signs are secured in Place. Project signs will be paid under Item No. 102-61. 7. Permits and Licenses: Section 7-2.1 - General: This sub-article is amended to include the following: Permits which are issued by the City of Sunny Isles Beach, and Dade County Department of Environmental Resource Management for construction within the public right-of-way, as well as additional permits, which may be required by other agencies, including those required for tree removal, will be the responsibility ofthe Contractor. The Contractor is encouraged to read cautiously the specific conditions of the permits in order to comply fully with their requirements. Any expenditure caused by these specific conditions and not covered in the Bid Form shall be included in the Bid Price of this project. Additional permits, which may be required by other municipalities, F.D.O.T. or agencies, including those requiring pollution control appurtenances, tree removal and/or tree relocation, water lines, among others will be the responsibili ty of the Contractor. The actual amount paid for the permits will be reimbursed to the Contractor out of the Contingency Allowance. Original receipts must be presented to the Engineer. 8. Field Office: The Contractor will provide at his expense, an air conditioned field office for the use of the Engineer, of not less that three hundred (300) square feet area. The office shall have a lockable door with two (2) keys furnished to the Engineer and a least two (2) operable windows of a minimum total area of twelve (12) square feet. The office shall be equipped with electric lighting and at least four (4) dual 110 volt receptacles. New furnishing to be supplied by the Contractor shall include: Two (2) desks with two (2) chairs each, One (1) lockable steel vertical filing cabinet (4 drawer-legal size), One (1) table having a surface area of3 X 5 feet, with six (6) chairs; a metal locker (anchored to the floor) of a size suitable for storing field testing and surveying equipment. A telephone shall also be provided for the convenience of the Engineer. Cost of electricity and telephone services shall be the responsibility of the contractor during the entire construction period. This office and its equipment, in particular the telephone, shall not be used by the Contractor. No work shall commence until the Field Office is completely set up and the electricity, telephone and air conditioning (or heat) are functioning, unless authorized by the Engineer. 9. Site Investigation: Section 2-4 - EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL PROVISIONS AND SITE OF WORK: This article is expanded to include the following: The Contractor, by virtue of signing the Contract, acknowledges that he and all his subcontractors have satisfied themselves as to the nature and location of the work, the general and local conditIOns Oct. 2007, Special Provisions Page 2 of 15 including, but not restricted to those bearing upon transportation and traffic maintenance; disposal, handling and storage of materials; access roads to the site; the conformation and conditions of the work area; and the character of equipment and facilities needed preliminary to and during the performance of the work. Failure on the part of the Contractor to completely or properly evaluate any factors of costs prior to bidding shall not form a basis for additional compensation ifhe is awarded the Contract. 10. Performance of Work: Section 5-8.2 - CONTRACTOR'S SUPERINTENDENT: This sub article is expanded to include the following: The Contractor will furnish a qualified superintendent who will be present at all times during the course of the work, and shall be authorized to act for the Contractor. The Contractor shall keep on the job sufficient personnel, and equipment to meet the requirements of the work. The plant and equipment shall be kept in a satisfactory operating condition and capable of safely and efficiently performing the work as set forth in the Plans and Specifications. The equipment and all operations shall be subject to inspection by the Engineer at all times. The Contractor shall submit for approval by the Engineer a description of the type of materials and equipment to be used; and the method of procedure to be used in the performance of the work. 11. Restoration of Property: Section 7-11.1- PRESER V A TION OF PROPERTY: This sub article is expanded to include: Property public or private if damaged during constrl..lction or removed for the convenience of the work, shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the Engineer, prior to the final acceptance of the work. Such facilities shall include, but are not limited to: signalization equipment and miscellaneous hardware removed from the construction site, driveways, walls, fences, footings or underground utilities. This section also includes the reposition of damage to streets beyond the normal trench excavation, pavement milling and utility relocation (when applicable). Reposition of pavement at trench excavation shall be included in storm sewer construction unit price. Note: All street name signs and mail boxes shall remain in place during the period of construction except those that are required to be relocated due to interference with the actual construction. All signs or mail boxes that are relocated or damaged by the Contractor during the course of the work shall be re-installed or replaced at the proper location, as soon as possible at the Contractor's cost. Prior to the removal of any traffic control signs that interfere with the construction, the Contractor shall provide temporary signing or other provisions to assure a continuous flow of traffic under at least the same conditions as previously existed. All signs that are found to be unserviceable shall be reported to the City of Sunny Isles Beach Director of Public Works. 12. Utilities: Section 7-11.6 UTILITIES: This sub-article is expanded to include: Oct. 2007, Special Provisions Page 3 of 15 The Contractor shall make all necessary arrangements with the utility companies concerned for maintenance of their lines during the construction period. In the event that a complete relocation of utilities is required, but has not been accomplished prior to the effective date of the "Notice to Proceed", the Contractor, nevertheless shall commence work under this Contract, and shall schedule his work to avoid interference with the utility relocation work. The City of Sunny Isles Beach will not be liable for any delay or added expense the Contractor experiences due to the activities of utility companies, nor shall the City be held responsible for any damages to any utilities due to any actions by the Contractor. Note: The Contractor shall contact the Underground Utilities Notification Center (1-800-432-4770) and the Underground Notification for Florida Power and Light Company (789-2020) at least forty- eight (48) hours prior to commencing any trenching or excavation on this Project. These telephone numbers are for reference only, it is the contractor's responsibility to verify them and make the necessary contacts with the utility companies prior to commencing his work , 13. Community Small Business Enterprises (CSBE) A two percent (2.0%) Community Small Business Enterprises (CSBE) Subcontractor Goal has been established for this project. Compliance with this CSBE percentage is required for all contractors submitting a bid for this project. See "Supplemental General Conditions" which are bound herein and are made part of the Specifications and Contract Documents. In order to allow time for the CSBE Subcontractor participation presentation and the review of said presentation, no Contractor may withdraw his bid for a period of up to three hundred (300) calendar days after the bid opening. Disregard anything to the contrary within these Contract Documents. 14. Pre-Bid Conference: A Mandatory Pre-Bid Conference will be held as follows: TIME: 10:00 a.m. DATE: PLACE: 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Telephone (305) 947-0606 The Pre-Bid conference is being held primarily to answer any questions regarding this Project and is Mandatory to attend. Bidders that chose not to attend this Mandatory Pre-Bid Conference will be automatically disqualified. 15. Pre-Construction Conference: Section 8-3.5 - PRE-CONSTRUCTION CONFERENCE: This Sub article is expanded to include: After the Award of Contract and prior to the issuance ofthe "Notice to Proceed", a Pre-Construction Conference will be held with the Contractor, members of the City's Public Works Department and other Agencies, representatives of Utility Companies, and other contractors affected by the work. The time and place of this conference will be set by City Manager. Oct. 2007, Special Provisions Page 4 of 15 -I At the Pre-Construction Conference, the Contractor must provide: Two copies of a detailed construction schedule program showing the proposed starting and completion dates for each work phase or bid item. The work classification should be sub-divided to the extent necessary to provide adequate detail and shall also include such items as mobilization, field office setup, shop drawing review, and equipment and materials delivery, etc. 16. Award of Contract and Time for Completion: The Contract A ward shall be to the qualified bidder submitting the lowest bid, whose proposal complies with all the requirements necessary to render it formal. All work under the terms of this Contract shall be completed within THREE HUNDRED SIXTY FIVE (365) calendar days from the effective date of the Notice to Proceed. 17. Test Results: The City assumes no responsibility for the accuracy of the test results as shown in the Plans and Specifications. They are included only as a general indication of the materials likely to be found adjacent to the holes bored at the site of the proposed Work. The Contractor shall examine this date and make his own interpretation of the subsoil investigation and other preliminary data, and he shall base his bid on his opinion of the conditions likely to be encountered. The bidder's submission of his proposal shall be considered "prima facie" evidence that he has made his examination as described in Section 2, Article 4 of the Florida Department of Transportation Standard Specifications for Road and Bridge Construction. 18. As-Built Drawings: Three (3) sets of cOlnplete "As-Built Drawings" giving information relative to location and depth of pipes, manholes, etc., shall be accurately recorded by the Contractor and submitted to the engineer prior to final acceptance of the work. All elevations shall be taken by a Florida Registered Surveyor and shown on the record drawings. 19. Maintenance of Traffic (Section 102) Section 102-1.1 - DESCRlPTION: This sub article is amended to include: And the applicable portions of the Metropolitan Miami Dade County Public Works Manual, Part 1, Standard Details, as pertain to the maintenance of traffic, are part of these Contract Documents. Traffic control notes and details pertaining to the Maintenance of Traffic (Traffic Control) are included in the Plans for this Project. No work shall commence on this Project or any portion thereof without implementation of the Maintenance of Traffic Plan. Excavated or other material stored adjacent to, or partially upon a roadway pavement, shall be adequately marked for traffic safety at all times. The Contractor shall provide the necessary access to all adjacent property during construction. Special attention is called to the provisions contained in sub-article 102-5.5, "Access for Residences and Business". The Contractor shall also provide access at all times to South Florida Water Management District Oct. 2007, Special Provisions Page 5 of 15 (SFWMD) areas, during all phases of construction. Special attention shall be given for safely directing the flow of pedestrian and vehicular traffic. At the discretion of the Engineer, the City may require the Contractor to call for and hire off-duty police officers for directing the traffic and maintaining safety if in any way his operations will curtail the use of the streets, roads and work areas specified herein. For bidding purposes, the Lump Sum (LS/DA) item 102-1, Maintenance of Traffic as indicated in the Bid Form of the Proposal, shall be for the provisions and Maintenance of Traffic Devises during the entire length ofthe project. All devises needed for maintenance of traffic as directed by the Engineer shall be included on and paid for under Pay Item No.1 02.1 No separate payment shall be made for other Maintenance of Traffic devises provided by the Contractor Section 102-6 DETOURS: This sub-article is amended to include: Traffic may be detoured only upon approval of the Director of the Public Works Department. 20. Maintenance of Traffic Devises: All maintenance traffic control devises (including signs) shall be furnished by the Contractor. Barriers (including warning lights), barricades, construction signs, flashing arrow boards, and high intensity flashing lights shall be in accordance with the Manual on Uniform Traffic Control Devises for Streets and Highways, U. S. Department of Transportation Federal Highway Administration (ANSI D6.1e1989) the State of Florida Department of Transportation Roadway and Traffic Design Standards for Design Construction. ivlaintenance and Utility Operations for Streets and }Iighways on State ~1aintained Sy'stems, Public Works Manual of Metropolitan Miami-Dade County, and the latest revisions of the aforementioned manuals. As a minimum, the following traffic control devises shall be provided for maintenance of traffic as directed by the Engineer ITEM NO. DESCRIPTION 102-74-1 102-74-2 102-60 102- 77 Barricades (Temporary Type I and II) Barricades (Temporary Type III) Work Zone Signs (Temporary) High Intensity Flashing Lights (Temporary Type B) Note: Type "B" Low Intensity Flashing Warning Lights are to be provided and attached to the barriers, signs, and barricades, as required and recommended in the latest edition of (ANSI D6.1 e- 1989). At the City's request, additional Traffic Control Devises may be added during construction. Payment shall be as per pay item 102-1. 21. Floating Silt Barrier (Section 104) The Work required under this Section shall be paid for at the contract unit price bid per linear foot of Floating Silt Barrier as indicated in the Bid Form ofthe Proposal. Such price and payment shall be Oct. 2007, Special Provisions Page 6 of 15 full compensation for: (1) furnishing, (2) installation, (3) routine maintenance, and (4) removal upon completion and final acceptance of the work specified under the terms of this Contract. Note: Particular attention should be given that in case of repeated pollution, or silting, the City reserves the right to employ outside assistance or to use City forces to provide the necessary corrective measures. Any such costs incurred, including the engineering costs will be charged to the contractor and appropriate deductions made from the monthly progress estimate. 22. Clearing and Grubbing (Item No. 110-1) The contract unit price bid as indicated in the Bid Form of the Proposal shall be full compensation for all work required for Clearing and Grubbing; including, but not limited to, removal of asphalt pavement, tree removal, trash, debris, tree trimming, removal of drainage structures, and plugging of existing drainage system left in place, among others, within the entire length of the project. 23. Earthwork Related Operations (Section 120) 23.01 Grading The Contractor shall include the cost of all grading in the unit price bid for the appropriate items. Any additional grading required within the limits of the project, should be included in the clearing and grubbing pay item. No separate payments will be made for any grading required on this project. 23.02 Regular Excavation (Item No. 120-1) Regular Excavation shall consists of the excavation and the utilization, and satisfactory disposal, of all materials necessary for street widening, side ditches, and lateral ditches, within the right-of-way, except as may be specifically shown to be paid for separately. 24. Stabilizing (Section 160) Section 160 STABILIZING: Delete the words "Bearing Value" or "LimerockBearing Ratio Method" where they occur throughout this section and substitute the words "California Bearing Ratio". Delete all contrary references to density requirements and substitute the following: Compaction - The density requirements for all, street widening and sub grade involved in this Section shall be a minimum ninety-five percent (95%) for non-roadway areas and ninety-eight percent (98%) for roadway areas (street widening), of maximum density as determined by AASHTO T -180. Delete: "do not apply density requirements where constructing narrow widening strips 4 feet or less" from section 120-9.4 Delete all mention of Bearing Value requirements entirely and substitute the following: Califomia Bearing Ratio Requirements: Suitability of the soil to be compacted shall be determined by the California Bearing Ratio Test as outlined in ASTM D 1883-87. Tests shall be made on each separate course, generally before the materials have been compacted. Any areas where the materials have a C.B.R. value ofless than Thirty (30) at ninety-five (95) percent of the maximum density as determined by AASHTO T -180 shall be stabilized (or further stabilized) Oct. 2007, Special Provisions Page 7 of 15 as specified herein. Section 160-4- MATERIALS - Add the following: Except that the limerock used for stabilization shall have a minimum of at least fifty percent (50%) carbonates of calcium and magnesium. Section 160-7.2.1.2 Under tolerances in Bearing Value Requirements- Delete this sub-article and substitute the following: There shall be no under tolerance in the C.B.R. permitted. Section 160-10 BASIS OF PAYMENT: Delete this article and substitute the following: Payment for stabilizing sub-grade shall be included under Contract Unit Price Bid Limerock Material. 25. Limerock Base Construction (Section 200) 25.01 General The work specified under this Section shall consist of the construction of a base course composed of Limerock. It shall be constructed on a sub-grade prepared in accordance with Section 120-9.4 of the FLORIDA DEPARTMENT OF TRANSPORTATION'S STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION. That portion of the street bed immediately below the proposed base course, in both cuts and fills, shall be scarified, graded, shaped and compacted to conform to the lines, grades and cross section show11 in the Plans or as directed by the Engineer. 25.02 Sub-grade Within the entire limits ofthe proposed sub-grade, the minimum density acceptable at any location shall be ninety-five 95 percent, of maximum density, as determined by ASSHTO T-180. Prior to placing the base, the sub-grade will be inspected by the Engineer to ascertain whether or not the Work satisfies the requirements as to specified density, lines, grades and cross section. Where trenches for widening strips are not of sufficient width to permit the use of standard compaction equipment, any compaction effort required shall be accomplished by, trench rollers, or other type compaction equipment approved by the Engineer. It shall be the Contractor's responsibility to maintain the required density until the basejs placed on the sub grade. 25.03 Limerock Base The base shall have an overall compacted thickness as specified and noted in the Plans. When the specified compacted thickness of the base is greater than eight inches, it shall be constructed in two (2) equal lifts. Each lift shall be graded and compacted to a density of not less than the above mentioned percentages of maximum density as determined by AASHTO T-180. The minimum Oct. 2007, Special Provisions Page 8 of 15 density acceptable at any location along the traveled roadway shall be ninety-eight (98) percent of such maximum density. The minimum percent of carbonates of calcium and magnesium in the Limerock Material will be fifty (50). After spreading of the first lift is completed, the entire surface shall be scarified and shaped so as to produce the required grade and cross section after compaction. Prior to placing the second lift, the first course shall be cleaned of all foreign material and blade and brought to a surface cross section approximately parallel to that of the proposed finished base. Prior to spreading of any material for the upper course, the density tests for the lower course shall be made and the Engineer shall have determined that the required compaction has been obtained. After the spreading of the material for the second course is completed, its surface shall be finished and shaped so as to produce the designed grade and cross section after compaction, and free of scabs and lamination. a. At the option of the Engineer, unless the use of forms is specifically called for in the Plans, the base may be constructed six (6) inches wider in lieu of using forms. These extra widths will not be measured for payment and shall be provided at no additional expense to the City. b. Upon the Engineer's approval of the Limerock Base, it shall be primed with a prime coat having a minimum curing period of forty eight (48)-hours. c. Under no circumstances will the Engineer allow the prepared base to remain un-surfaced pending completion of other Work remaining on the Project. d. The quantity of Limerock Base, determined as provided in this Section, shall be paid for at the Contract Unit Price Bid as indicated in the Bid Form ofthe Proposal. Such price and payment shall be full compensation for all the work specified for the complete construction of the base course as specified herein, including the necessary preparation and compaction of the sub-grade, correcting all defective surfaces of the sub-grade and/or deficient thickness and priming of the base course. Note: The areas of base course to be measured for payment shall include the areas of extra base required at various intersections. The cost of replacing base materials removed only for the construction of underground items shall be included in the Bid Price for the various items. 26. Prime and Tack Coats for Base Courses (Section 300) Section 300-7.1 - GENERAL: This article is expanded to include the following: A Prime Coat is required for all Limerock Base Construction and the cost will be included in the Unit Price Bid for Limerock Base per cubic yard as noted in the Bid Form of the Proposal. No separate payment shall be made for the Prime Coat or its application. 27. Bituminous Material- Payment Adjustment (Item 300-1-999) Section 9-2.1 -ITEMS INCLUDED IN PAYMENT: This sub-article is expanded as follows: The bid unit price for bituminous materials (asphalt concrete, prime and tack coat) will be adjusted to reflect changes, both increase and decrease, in the asphalt price index, based on the average of the current bituminous materials prices at Port Everglades, from that in effect during the month 111 which Oct. 2007, Special Provisions Page 9 of 15 bids were received for this contract. The Contractor will not be given the option to reject this cost adjustment of bituminous materials. This adjustment will be made in accordance with the following criteria: a. Price adjustment will apply only to the price of bituminous material, based on the above mentioned asphalt price index and will not reflect variations in the cost of transportation from the terminal to the job site, cost of aggregates or any other factors involved in the composition or pricing of asphalt. b. Price adjustments will be made for all bituminous material incorporated in the asphalt pavement, whether paid for under a separate bid item for asphalt concrete or under other items which include the cost of bituminous material. c. The adjusted unit price for bituminous material will be used in preparing monthly progress payments. d. No price adjustment reflecting any further increases in the cost of bituminous material will be made for any month after expiration of the allowable contract time including any extensions that may be granted. e. The adjusted unit price for asphalt concrete shall be calculated for the month during which the material was incorporated into the project, in accordance with the following formula: Pa = P + (D x N) Pa = Adjusted unit price for asphalt concrete (to be calculated separately for each month during which the bituminous material is used and will reflect an increased or decreased price). P = Tne price per unit bid for the asphalt concrete. D = The differential in the per gallon price of liquid asphalt in accordance with the Asphalt Price Index for the liquid asphalt, from the price per gallon of the liquid asphalt in the month of the date bid, and the price per gallon of the liquid asphalt in the month in which the material is incorporated in the project. N = Number of gallons of liquid asphalt per unit bid. f. The payment adjustment for prime coat and tack coat shall be based on the differential in the per gallon price of the prime or tack, in accordance with the asphalt price index for the prime or tack, from the price per gallon in the month of the date bid and the price per gallon in the month in which the material is incorporated into the project for each gallon of prime or tack coat utilized. g. A price adjustment will be made only when the current asphalt price index for the month the material was incorporated into the project varies by 5% or more from the index that was applicable during the month that bids were received. h. The Contractor shall make available to the Engineer any tickets, scale weights, etc. needed to determine the number of gallons ofliquid asphalt utilized in the preparation of the asphalt concrete. j. A "Bituminous Material (Adjustment)" allowance item has been included on the Bid Form. The printed amount indicated is only an estimate. The payment will be in accordance with the above Oct. 2007, Special Provisions Page 10 of 15 procedure and may be less than or greater than the amount indicated on the bid form. This amount shall be included in the Grand Total. 28. Type S-I Asphaltic Concrete (For this section refer to FDOT Standard Specifications for Road and Brid2e Construction 2000 (Issue) Section 334-3 - GENERAL COMPOSITION OF MIXTURE: The following is added to this article: Where hand placing and finishing of Type S-I Asphalt Concrete is permitted for small and irregular areas, such as tumouts, crossovers, driveways, etc., the portion of the Grade No. 16 coarse aggregate retained on a No.4 sieve may be omitted from the mixture and the percent by weight of the coarse aggregate passing the No.4 sieve and retained on the No.1 0 sieve shall be within the range specified for the total coarse aggregate in the mix. Page 271, Section 331-4.3.1 - Mix Design: Delete this sub-article and replace with the following: No work shall be started on this portion of the Contract until the Contractor has conferred with the Engineer and, if deemed necessary, has submitted samples of all materials to be used to a laboratory approved by the Engineer for either: 1. Preparation and establishment of a mix design, or 2. The verification of conformity to specifications of a job mix formula submitted by the Contractor, ifthe plant has previously operated in conformity with the same material specifications as used in this Contract. Page 279, Section 331-7 - Basis for Payment: Delete this sub-article and substitute the following: When the quantities of Type S-I Asphalt Concrete are to be paid for by the ton, as called for in the proposal, the pay quantities shall include only the weight of the asphalt in place, completed and accepted. In determining the tonnage to be paid for, the weights of the mixture shall be determined from batch weights, truck scale weights, or other methods approved by the Engineer. Payment for all bituminous material, including tack coat, shall be included in the payment for asphalt Concrete. Such payment shall be based on the contract unit price bid as indicated in the Bid Form of the Proposal The Contract Unit Price Bid, as indicated in the Bid Form ofthe Proposal, shall be full compensation for all Work specified under this Section (including the applicable requirements of Sections 320 and 330). Note: The Contractor shall apply the asphalt concrete over all existing sanitary sewer manhole covers, valve boxes, etc., which have not been properly adjusted, so as to provide a smooth level surface. It will be the Contractor's responsibility to mark the locations of openings that are covered with new asphalt during the paving. These locations will be painted with an X, and the final adjustment, where necessary, of all existing utility openings will be made by the Contractor, after the resurfacing has been completed. Use type S-I asphalt concrete for driveway reposition and transition pavement feathering between existing and new surfaces. Oct. 2007, Special Provisions Page 11 of 15 CfJ ~ ~ E-- X - ~ -~ IE-- ~~ ~u ...;JZ; ~o ~u E--CfJ ~ o z; - ~ ~ ~ ~ 0 0 N 0 N N N 0 N \0 '? \0 00 V") \0 \0 I I ...... .-< .-< - .-< .-< I I I I 0 N N N I I I I I I N N N N Z; N N 0 0 0 N I-- ~l .-< 00 0 0 0 N ...... M M M I I I I I 0 0 0 r-- 0\ ...... ...... .-< - ~I If) V") V") V") 0 V") M M ~ ~ ~ ~ I I I I I I 0\ 0\ 0 0 0 0 - ...... N N .-< N 'Q;' ~ ~l M 0\ 0 0 V") 0 0 V") N 0 0 V") ~ r-- 0\ r-- 0\ \0 00 r-- 0\ (:; I I I I I I I I ...... I I .-< M 0 V") 0 V") 0 V") I 0 V") ~ M M ~ V") ~ V") N V") ~ ~ r-- I: .~ ell Q) Q I: .S; 0 0 - ~I V") ("<') 0 ~ r-- \0 0\ 0 0 0 0 0 "0 I I I .-< .-< r-- ~ S' ~ r-- r-- 0 I I I I lo. ~ ~ \0 0 V") 0 0 0 ~ 00 \0 ("<') ...... \0 M 00 00 0 0 0 00 oj< 0\ r-- 0\ 0 0 0 0\ ell ~I .-< .-< ...... Q) I I I I ;;. V") N 00 I I I 00 r-- \0 00 0 0 V") 00 Q) 0\ 00 00 Ci3 ell .5 ell ell ~ ~ Q) - ell 00 r-- ell Q) SI ~ 00 0 0 0 0 0 0 0 0 0 0 lo. I 0 0 0 0 0 0 0 0 0 0 ell 00 ...... ...... ...... ...... .-< .-< .-< .-< ...... ...... ...... ell 00 r-- ~ "; - 0 E-- - .c: 00 ell 0 0\ 'Qj ~I 0 I ~ - M 0 00 0 ;>, - .Q f--- ~ I 0 - ~ t- oj< .. rJ) ;;.. - Qj - ..... ~ - N l"I oj< " ~ E-- oj< ..... ..... I I I oj< Qj I oj< ::l Q) Q) ~ U U U ...... oj< l"I ~ I N I I ~ ~ U - - Q.. Q.. ~ ~ ~ ~ U I U U I - - ;>, ;>, ..... CfJ I I CfJ ~ ~ ~ ~ U ~ ~ rJ) ~ rJ) rJ) E-- E-- ~ en rl) .;:: rl) en rl) :> rl) 'Vi "0 ...... oj "0 C oj -+-' CI) C/) :::> rl) rl) :> ...... rl) c:j 'w en..c ~ (,) rl) .S Vi [) t>J) ..D .5 ~ en ::; ~ Z 0.. "06'2- 1lJ0 "'iijo ~~ "O~ 50\ 1lJ"O en C ~ ~ ...... :> IlJ IlJ -:S 'w O..c rl) (,) ~ .S ..c~ ~:::: -+-' I 0......... IlJ (,) t>J) ~ C rl) 'Vi CI')" ~ ~ 0.. g6'2- -0 CO ...... V") 4-< o N rl) t>J) ro p.... en t: .2 en .;:: o ...... p.... '(;j (,) Q) 0.. C/) r-- o o N .u (,) o oj< oj< oj< 29. Inlets, Manholes and Junction Boxes (Section 425) The applicable portions of the Metropolitan Miami-Dade County Public Works Manual (latest edition), Part 1, Standard Details, as pertain to the design and construction of drainage wells and structures, are part of these Contract Documents. Section 425-6.7 - BACKFILLING: Add the following to this sub-article: Select material shall be used for backfill adjacent to riser inlets, manholes and drainage well structures as detailed in the Plans. It shall consist of well-graded limerock or limerock and sand fill. Sand or fill having a high proportion of sand will not be accepted as select fill. All selected fill shall be approved by the Engineer prior to placing. No separate payment will be made for select fill, but shall be included in the Unit Price Bid for each particular item as indicated in the Bid Form of the Proposal. Section 425-8.2 - Adjusting Structures: This sub-article is expanded to include: Upon completion of the Work and prior to acceptance and final payment all such structures will be inspected by the Engineer to ensure that they are free of all debris and thoroughly cleaned. 30. Adjustment or Relocation of Valve, Meter, Mail Boxes and Pull Boxes (Section 425-8.2) The Work under these pay items includes any adjustments, relocation (raising, or lowering) of existing valve, meter, mail boxes and pull boxes. When relocation ofthe box is required, the Contractor shall make all necessary arrangements with the utility companies, as the utility companies are responsible to relocate the valves and meters and valve and meter boxes. Relocation of mail boxes are the Contractor's responsibility 31. Concrete Pipe (Section 449) 449-4.1 Special Requirements: Concrete Pipe shall meet the design requirements of the class of pipe called for on the Bid Form of the Proposal. Pipe design shall be based upon requirements set forth in ASTM C 76 or Special Design which meet the requirements of ASTM C 655. For pipe designated as Class S, the pipe design will meet the requirements for ASTM C 655 and the 0.01" crack and ultimate D-loads given on the Roadway and Traffic Design Standards, Index Number 205. The Process of manufacture and the details of the pipe design, including strength of the concrete, will comply with the Standard Operating Procedure for the Inspection of Precast Drainage Products. At the Contractor's option non-reinforced pipe up to and including 36" diameter, may be used in place of reinforced concrete pipe designated Class S, Class I, II, Ill, and IV. Non-reinforced pipe shall meet the requirements of ASTM C 985 and the ultimate D-loads given on the Roadway and Traffic Design Standards, Index Number 205. such pipe shall be properly marked. Plugging of existing pipes to be abandoned in place shall comply with section 430 4.5 Rubber gaskets for concrete pipe joints shall comply with section 420. Oct. 2007, Special Provisions Page 13 of 15 I 32. Sodding (Section 575) The specifications for sodding shall conform to the applicable portions of Section 575 with the following exception: Incorporate the following to the applicable section, deleting all references that are contrary: The Contractor is required to mow all sodded areas immediately prior to final acceptance of the Work by the City. The payment for mowing, maintaining the sod in a moist condition for a period of at least two weeks, as well as payment for the water and fertilizer shall be included in the Contract Unit Price Bid for Sodding, as indicated in the Bid Form ofthe Proposal. 33. Tree relocation A. General 1. Scope: Provide all labor, materials, equipment, transportation, watering supervision and all related work for root pruning, trimming of limbs, loading and unloading, hauling and planting trees or palms in locations indicated on the drawings or as directed by the Engineer included herewith. 2. Maintenance: The contractor shall be responsible for the maintenance after the relocation of the trees or palms. B. Materials: 1. Backfill Material: The existing material excavated from the planting pit is to be used as backfill. 2. Water: The Contractor shall provide potable water by an approved method by the Engineer 3. Pruning Paint: Pruning Paint shall be asphalt base and contain ingredients that are antiseptic and aid healing of the wound. There shall not be any growth inhibitors in the pruning paint. C. Execution: (Preparation of Plant Material to be relocated) 1. Pruning: Trees shall be root pruned six (6) weeks prior to relocation. No backhoes or trenchers shall be used in the process. Pruning of the canopy shall be executed just prior to root pruning. The extend of pruning shall be the minimum needed to reduce shock resulting from severing of roots, however, no branches larger that one (1 ") inch diameter shall be trimmed other than at the branch collar. Oct. 2007, Special Provisions Page 14 of 15 Interior sucker growth and dead wood shall first be removed, followed by selective pruning of branches and limbs. Limbs that run through the tree crown shall be removed before other limbs are removed. Pruning shall not destroy the tree. All cuts shall be made outside of the branch collar. Backfill trench within twenty-four (24) hours after root pruning with coarse sand. Trees shall be watered in at this time to eliminate air pockets in the backfill. Bracing and guying of trees after root prumng: Bracing and guying at time of severing roots shall be provided if required by the County representative(s) to support trees during the root regeneration period. Such work shall provide stability and support to the extent that trees are maintained in a vertical position for duration of the root regeneration period. 2. Watering Schedule: Please see section (SP 53).for watering schedule after tree planting 3. Guarantee of relocated trees and palms: All trees and palms that are relocated shall be guaranteed for a period of six (6) months after relocation. END OF DOCUMENT Oct. 2007, Special Provisions Page 15 of 15 Bond Number: 21 BCSEY9449 This is the first page of Performance and Payment Bond. All other pages are subsequent regardless of preprinted pages. Surety in Which Bond is Written: HARTFORD FIRE INSURANCE COMPANY Local Address: 400 INTERNATIONAL PARKWAY, SUITE 425 HEA THROW, FL 32746 (407) 562-3487 CONTRACTOR'S NAME: SOUTHEASTERN ENGINEERING CONTRACTORS, INC. Address: 12054 N.W. 98 AVENUE HIALEAH GARDENS, FL 33018 Telephone No. (305) 557-4226 Owner/Obligee: CITY OF SUNNY ISLES BEACH 18070 COLLINS AVE. SUNNY ISLES BEACH, FL 33160 Project Description: CENTRAL ISLAND DRAINAGE AND STREET IMPROVEMENTS, CITY OF SUNNY ISLES BEACH, FL 33160 Contract Amount: $ 3,635,852.02 Bond Amount: $ 3,635,852.02 This bond has been furnished to comply with the requirements ofF.S. 255.05. All provisions and limitations including conditions, notice and time limitations ofF.S. 255.05 are incorporated herein by reference. This bond is a statutory bond not a common law bond. For Bond Inquiries: Agency: HBA INSURANCE GROUP, INC. (305) 714-4400 x FLORIDA NOTICE FLORIDA HURRICANE CATASTROPHE FUND EMERGENCY ASSESSMENT The Florida Office of Insurance Regulation has levied an emergency assessment on direct written premiums for all property and casualty lines of business in Florida. This emergency assessment is to fund obligations, costs and expenses of the Florida Hurricane Catastrophe Fund and the Florida Hurricane Catastrophe Fund Corporation. This emergency assessment is 1 %, and applies to all subject policies and bonds effective on or after January 1, 2007. We are required by statute and order to collect this emergency assessment and remit it to the State. This assessment for your policy or bond appears as FHCF EMER ASSESS CL. Form ./FL4887 HR 09 H085 00 0806 Page 1 of 1 @ 2006, The Hartford Producer Compensation Notice THE. HARTFORD You can review and obtain information on The Hartford's producer compensation practices at www.thehartford.com or at 1-800-592-5717. HR 00 H093 00 0207 @ 2007, The Hartford Page 1 of 1 Construction Performance Bond B:ID N). 2~9 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): ffiJlliFASIERN EN;]NEER]N; CINIRA.crrns, oc. m.54 t\W <l3 Ave. Hialeah Garcl8lS, FL.3l)18 SURETY (Name and Principal Place of Business): Ht\RIR:RD FIRE ~ CD. Ht\RIR:RD PIAZA IWUR:ID, cr CX>115 OWNER (Name and Address): CITY OF SUNNY ISLES BEACH 18070 Collins Avenue, Suite 250 Sunny Isles Beach, Florida 33160 CONSTRUCTION CONTRACT Date: 2/21/00 Amount: $ 3,635,852.02 Description (Name and Location): CEntral Islarrl Dra:i.n9ge ard S~t lrrprovarmts, City of SUTIy Isles &?a:::h, FL, 331ED PROJECT NAME Central Island Drainage and Street Improvements City of Sunny Isles Beach BOND Date (Not earlier than Construction Contract Date): Amount: $ 3,635,852.02 Modifications to this Bond Form: N::n:: 3/3/00 CONTRACTOR AS PRINCIP Company SlJIHEASIERN CINlFACJIRS Signature: ~ Name and Title: (Corp. Seal) SURETY Company Atty-in-foct & F1a Res Ag81t Signature: Name and Title: CONTRACTOR AS PRINCIPAL Company (Corp. Seal) SURETY Company (Corp. Seal) Signature: Name and Title: Signature: Name and Title: 00601-1 ElCDC No. 191O-28A (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers' loint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects. American Subcontractors Association, and the Associated Specialty Contractors. I. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors. administrators. successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3. If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1. The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below. that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default: and The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1: and The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1. Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract: or Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors: or Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default: or Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: I. After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefor to the Owner: or 2. Deny liability in whole or in part and notify the Owner citing reasons therefor. 5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without 3.2. 3.3. 4.2. 4.3. 4.4. further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1. The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract: 6.2. Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4: and 6.3. Liquidated damages, or if no liquidated damages are specified in the Construction Contract. actual damages caused by delayed performance or non-performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, or successors. 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. II. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Definitions. 12. I. Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of the Contractor, which has neither been remedied nor waived. to perform or otherwise to comply with the terms of the Construction Contract. 12.4. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): HPA :IN1.JlWn: OOJP, oc. ~, HnI AN) mATES, oc. 25.JJ N\1 79 Ave Ste 1m 510 smtgun Pd. SUite 4(JJ Miani, FL 33122 Su1rise, FL 33326 00601-2 EJCDC No. 19IO-28A (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. Construction Payment Bond Ern) tD. ~9 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): ~ EN:;JNEERJN; crNIRA.ClIRS, oc. 12)54 N.J <J3 Ave Hialeah G:n:dms, FL 33)18 SURETY (Name and Principal Place of Business): IwmaID FIRE IN3lJlWrn m. IwmaID PlAZA IwmaID, cr ilill5 OWNER (Name and Address): CITY OF SUNNY ISLES BEACH 18070 Collins Avenue Sunny Isles Beach, Florida 33160 . , The provisions and limitations of Section 255.05- or 713.23, Florida Statutes whichever is applicable to the contract, are incorporated in this bond by reference. - --.-J CONSTRUCTION CONTRACT Date: 2/21/OS Amount: $ 3,635,852.02 Description: Central Island Drainage and Street Improvements, City of Sunny Isles Beach, FI. 33160 PROJECT NAME: Central Island Drainage and Street Improvements City of Sunny Isles Beach, FI. 33160 BOND Date (Not earlier than Construction Contract Date): Amount: $ $3,635,582.02 Modifications to this Bond Form: N::n2 3/3/00 Signature: Name and Title: (Corp. Seal) SURETY Company ~ ~ aJ. (Corp. Seal) Signature: ~!/ Name and itle: R,rrm A Rcdr:i.gu2z Atty-:i.n-foct & F1a Res AgEnt CONTRACTOR AS PRINCIPAL Company ~ CINJR.t\CIrnS , CONTRACTOR AS PRINCIPAL Company (Corp. Seal) SURETY Company (Corp. Seal) Signature: Name and Title: Signature: Name and Title: 00600-1 ElCDC No. 191O-28B (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. I. The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1. Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2. Defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy. the amount of the claim. 4.2. Claimants who do not have a direct contract with the Contractor: I. Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed: and 2. Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly: and 3. Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety. that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1. Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Payor arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owned by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any. under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to relate subcontracts, purchase orders and other obligations. II. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Subparagraph 4.1 or subparagraph 4.2(3), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the construction Contract, whichever of (I) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be acceptable. 12. Notice to the Surety. the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is, that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. IS. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor. materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3. Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY-Name, Address and Telephone) AGENT or BROKER: OWNER' S REPRESENTATIVE (Architect, Engineer or other party): H?A :INllW{E GlUJP, oc. ~, HXH AN) ASSX:IPJES, oc. 'EJJ N.J 79 Ave., &rite 101 510 smtgul Rem, SUite LiJJ Miani. FL 33122 &mise. FL 33326 00600-2 EJCDC No. 1910-28B (1984 Edition) Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty Contractors. Hartford Fire Insurance Company Hartford, Connecticut Financial Statement, June 30, 2007 (Statutory Basis) ASSETS U.S. Government Bonds ................ $ Bonds of Other Govemments ...... ..... State, County, Municipal and Miscellaneous Bonds.. ....... Stocks. ..... . . .... .. .... . ...... . Short Term Investments........... ..... Real Estate ............................... $ Cash ....................................... Agents' Balances (Under 90 Day...... Other Invested Assets ................... Miscellaneous.......................... .. Total Admitted Assets ................. $ STATE OF CONNECTICUT COUNTY OF HARTFORD CITY OF HARTFORD } $ LIABILITIES 77, I 50,893 Reserve for Claims $ 154,859,444 and Claim Expense......... 6,780,843,598 Reserve for Unearned Premiums ..... 2, I 48,989,563 12,303,748,753 Reserve for Taxes, License 6,714,275,360 and Fees ...................... 58, 184,303 232,846,429 Miscellaneous Liabilities............. 3,007,094,788 19,482,880,879 Total Liabilities ...................... $ 11,995,112,252 100,986,65 I Capital Paid In $ 54,740,000 127,568,289 Surplus......... . 13,448,592,722 2,973,973,052 572,463,584 Surplus as regards Policyholders... $ 13,503,332,722 2,240,572,519 Total Liabilities, Capital 25,498,444,974 and Surplus................. $ 25,498,444,974 ss. Colleen T. Mastroianni, Vice-President, and Patricia A. Murrone, Assistant Secretary of the Hartford Fire Insurance Company, being duly sworn, each deposes and says that the foregoing is a true and correct statement of the said company's financial condition as of June 30, 2007. Subscribed and sworn to before me this 27th day of September 2007. ~ .", /"--) --:-r:-"-j.-' i / _._ (.v.to(.' C. !:v3P.ir1.. Scali E. Paseka Notary Public My Commission Expires October 31. 2007 Form CS-19-37 HF Printed in U.S.A. ~~ Colleen T. Mastroianni, Vice-President r+~t~ct /t fk-~\.c.~ Patricia A. Murrone, Assistant Secretary POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: Direct Inquiries/Claims to: THE HARTFORD BOND, T-4 P.O. BOX 2103, 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888-266-3488 or fax: 860-757-5835) Agency Code: 21 221533 ~ Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut D Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana D Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut D 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 D Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois D Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana D 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 ERNESTO FREYRE, FAUSTO ALVAREZ, RAMON A. RODRIGUEZ, VICTOR M. PANTIN, CARL H. MOLL, CARLOS LACASA, WILLIAM E. BECKHAM, MARC D. JACOBSON, MICHAEL L. KEEBY, MAYRA RODRIGUEZ OF MIAMI, FLORIDA 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 t8J, 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 January 22, 2004, 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 o{. ~rU/ Paul A. Bergenholtz, Assistant Secretary ~~ M. Ross Fisher, Assistant Vice President STATE OF CONNECTICUT} 55. COUNTY OF HARTFORD On this 1st day of February, 2004, before me personally came M. Ross Fisher, to me known, who being by me duly sworn, did depose and say: that he resides in the County of Hartford, State of Connecticut: 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. ~~~....~~ ~~?g- .l~. Scott E. Paseka Notary Public My Commission Expires October 31. 2012 Hartford CERTIFICATE 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 March 3, 2008 Signed and sealed at the City of Hartford. / .f.~" i_'" .. .... /"fL;). [~/ ,,~/ .. {: . l ' Gary W. Stumper, Assistant Vice President POA 2007 ACORD~ CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 3/3/2008 PRODUCER (305) 714-4400 FAX: (305) 714-4401 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION HBA INSURANCE GROUP, INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2500 NW 79th Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite# 101 Miami FL 33122 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Bridgefield Employers 10701 Southeastern Engineering Contractors, Inc. INSURER B: 12054 NW 98th Avenue INSURER c: INSURER D: Hialeah Gardens FL 33018 INSURER E: 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 AF!.S'~~~D BY THE ~~~~?ES DESCRIB~~I~~~~,I~c:IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. INSR ADD'L p~.k+~~~lf,6gh!~~ Pg~!fl(~~h~~N LIMITS TYPE OF INSURANCE POLICY NUMBER ~NERAL LIABILITY EACH OCCURRENCE $ - OMMERCIAL GENERAL LIABILITY ~~~b~H9E~~~~r?ncel $ - CLAIMS MADE D OCCUR MED EXP IAnv one nersonl $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ ~r AGGRnE LIMIT AES PER: PRODUCTS - COMP/OP AGG $ PRO- POLICY JECT LOC ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) - - ALL OWNED AUTOS BODILY INJURY (Per person) $ - SCHEDULED AUTOS - HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) f-- f- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EAA"" $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH n""URRENCE $ ::::]OCCUR D CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND I T~~-7m';1<: I X I OJ~- EMPLOYERS' LIABILITY 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? 83029896 3/2/2008 3/2/2009 E.L. DISEASE - EA EMPLOYEF $ 1,000,000 If yes, describe under E.L. DISEASE - POLICY LIMIT $ 1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS *Except 10 day notice for non-payment Re: Job Central Island Drainage Construction & Street Improvements CERTIFICATE HOLDER CANCELLATION City of Sunny Isles Beach 18070 Collins Ave Sunny Isles Beach, FL 33160 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE CI7 ~ H INSURANCE GROUP/MLM ACORD 25 (2001/08) @ACORD CORPORATION 1988 I Mc:n?c:. 1n1r\O\ 1'\0" D,;>"., 1 ,..,f? The Honorable City commissi\\~ A. John Szerlag, City MaL~~ February 21,2008 J Award Bid No. 07-10-02 Central Island Drainage & Street Improvements to Southeastern Engineering Contractors TO: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 Ci(y Commission Norman S. Ede1cup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, CommisJioner Gerry Goodman, CommisJioner George "Bud" Scholl, Commiuioner (305) 947-0606 City Hall (305) 949-3113 Fax (305) 947-2150 Building Department (305) 947-5107 Fax A. John Szerlag, City Manager Hans Ottinot, City AI/orney Jane A. Hines, City Clerk RECOMMENDATION: Based on information I received from City staff and our consultant, BH&A, I recommend that the City Commission award Bid No. 07-10-04 and enter into a contract with Southeastern Engineering Contractors for the construction of the Central Island Drainage Project in an amount not to exceed $3,635,852.02. This is the second low bidder out of fourteen (14) bids submitted. This project will be extremely complex and will have a significant impact on the surrounding residences. I feel we need to have a contractor with an excellent track record and a great deal of experience in this specific type of work. It is for that reason that I recommend Southeastern. REASONS: The City has significant drainage problems in the Central Island area and this contract will allow us to not only address that issue, but will allow us to rebuild all of the streets impacted, but do so in a much improved fashion, including landscaping, curb & gutter, and on street parking. It should be noted that this project will include new concrete curb and gutter on all impacted streets as well as a ten (10) foot wide hike & bike path on 18yd Street and North Bay Road. This project will also include Gwen Margolis Park drainage improvements. ADDITIONAL INFORMATION: We did complete a plan of which this is part. We will not have to acquire any easements. The total cost of the project is estimated to be less than $3,700,000. There will be an annual operation and maintenance costs, which is partially budgeted. The expected time for completion of the project is Summer of2009. Funding is available in Account Number 40-538-5635. I'unding f'\\I\~ I \; available: \)' 1\\:(\ I'inance Department j\genda Item No.: 10D 2-LI-O~ Commission Meeting Date: Be~sVV'enger Hoclh and Associates February 14, 2008 CONSULTING ENGiNEERS AND PLANNERS PHONE (305) 944-5151 FAX (305) 948-6290 Rick Conner Engineering & Public Works Director City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Re: Meeting held for Bidders Evaluation Dear Mr. Conner: Thank you for meeting with us this morning to discuss our report for the Central Island Drainage and Street Improvements bidders' evaluation. As stated at the meeting, we feel that Southeastern Engineering Contractors, Inc. is best suited to perform this project for the City. As part of our services to the City we were tasked to review and evaluate the bids submitted for this project. The review consisted of bidder's reference checks, past projects verification and performance evaluations by the projects owners, verification of proposed sub-contractors, the bidder's unit price schedule review, and also that they had sufficient equipment fleets and forces to accomplish this project. All of the reviewed contractors had contract work which extended past original completion dates, some because of unknown site conditions; work added by owners or contractor caused delays. Requests for additional information were sent to the following four (4) lowest bidders asking them to identify by bid item that work which would be performed by their own forces to constitute the 40% work required by the bid documents: % of Work By Own Forces 44.60% 70.00% did not respond 71.43% Company . Tran Construction Inc. . Southeastern Engineering Contractors, Inc. . Solo Construction Corporation . Acosta Tractors Inc, Engineering Contractors Bid $3,532,842.00 $3,635,852.00 $3,689,517.00 $3,857,831.00 % over Low Bid low bid 2.92% 4.43 % 9.20 % As we had previously discussed with you, we feel that the City would be best served not only by the lowest bid but by a contractor specializing in this type of work. The low bidder Tran Construction Inc. is basically a g,onstruction Management type operation which subs out mostly all of the work. Their references check out and they come well recommended. They were late on a recent project for the City of Miami Beach, but the work was acceptable. (A copy of the e-mail requesting verification from the City of Miami Beach is available for your review.) Southeastern Engineering Contractors, Inc is the second lowest bidders. They will perform 70% of the work with their own forces. Southeastern specializes in this type of project and has a history of successfully completing these projects for local towns and municipalities, oftentimes getting additional work added to their contract. They are more in-line with the requirements that we feel are needed to address the special needs of the Central Island Drainage and Street Improvements project. This contractor is available to start work on this project in a timely manner. Please note that Beiswenger, Hoch & Associates has no financial interest in this bid process or any recommendation made by the City of Sunny Isles Beach. Sincerely yours BEISWENGER, HOCH & ASSOCIATES, INC. f4r1e~rf h~uvi ~rv Victor Hugo G~a~ . Vice President P.O. Box 1368. Norlll Miami Beach. Florida 33160 G!> 1190 NE 163rd Street. Suite 203, North Miami Beach, Florida 33162 City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottino! City Attorney Jane A. Hines City Clerk February 25, 2008 Eduardo Dominguez, President Southeastern Engineering Contractors, Inc. 12054 N.W. 98th Avenue Hialeah Gardens, FL 33018 Re: Central Island Drainage Construction Services Agreement Dear Mr. Dominguez: At its regular meeting of February 21, 2008, the City Commission adopted Resolution No. 2008-1221, which approved the Central Island Drainage Construction Services Agreement with Southeastern Engineering Contractors, Inc. Enclosed are two (2) original agreements for execution and witnessing by your firm. Upon execution by your firm, please return both original Agreements and any and all insurances and/or bonds required by Agreement to my attention. An original, executed agreement and a copy of the approving resolution will be mailed to you once the Agreement has been completely processed. Thank you. ~w Priscilla Walker, CMC ~ Deputy City Clerk Enclosures cc: Rick Conner, Public Works and Engineering Director (w/o attachments) Southeastern - Central Island Construction Agrmt for Sig Trans Ltr SOUTHEASTERN ENGINEERING CONTRACTORS, INC. 12054 NW 98TH A VE HIALEAH GNDS. FL 33018 (305) 557-4226 Pholle (305) 557-8568 F(L~ LETTER OF TRANSMITTAL FROM: Ed Dominguez, P.E. Pres. Date: Project: March 5, 2008 Central Island Drainage and Street Improvements TO: Priscilla Walker, CMC City of Sunny Isles Beach Project No. Location: WE ARE SENDING YOU: OJ HEREWITH Ii DELIVERED md BY HAND UNDER IQ] SE;~:;;E VIA: Alex Q PLANS []:]J PROPOSAL OJ SPECIFICATIONS OJ PA Y REQUISITION Q COPY OF LETTER II OTHER Q SHOP DRA WINGS IQJ WORK ORDER []:JJ SAMPLES Qj CHANGE ORDER Oualltitv 2 DATE 3/5/2008 DESCRIPTION Executed COil tract Performallce & Paymellt BOlld Certificate of Gelleral Liability/Auto Certificate of Workmells Comp III FOR APPROVAL Q FOR REVIEW & COMMENT IQJ RETURNED FOR CORRECTION OJ FOR YOUR USE Q APPROVED AS NOTED lJ RETURNED AFTER LOAN TO US OJ AS REQUESTED lJ APPROVED fOR CONSTRUCTION !Wi FILE OJ OTHER: REMARKS: Signed by: ~~pr~Menl Received by: City Commission Norman S. Edelcup Mayor March 7, 2008 Lewis J. Thaler Vice Mayor Roslyn Brezin Commissioner Eduardo Dominguez, President Southeastern Engineering Contractors, Inc. 12054 N.W. 98th Avenue Hialeah Gardens, FL 33018 Gerry Goodman Commissioner George "Bud" Scholl Commissioner Re: Central Island Drainage Construction Services Agreement A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk Dear Mr. Dominguez: At its regular meeting of February 21, 2008, the City Commission adopted Resolution No. 2008-1221, which approved the Central Island Drainage Construction Services Agreement with Southeastern Engineering Contractors, Inc. Enclosed are an original agreement and a copy of the approving resolution for your files. Should you have any questions regarding the performance of this agreement, please contact Public Works & Engineering Director Rick Conner at (305) 792- 1171. Thank you. Priscil~a ~alker, C~ Deputy City Clerk Enclosures cc: A. John Szerlag, City Manager (w/o attachments) Jorge L. Vera, Assistant City Manager/Services (w/o attachments) Rick Conner, Public Works and Engineering Director Anice Paul, Administrative Assistant to Finance Department Southeastern - Central Island Construction Agrmt Executed Trans Ltr