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.
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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.
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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.
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~ % 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,
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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.
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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.
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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
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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.
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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.
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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.
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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:
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Southeastern Engineering Contractors, Inc.
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THIS PAGE INTENTIONALLY LEFT BLANK
Southeastern Engineering Contractors, Inc.
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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
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I INSURER 0
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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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
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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