HomeMy WebLinkAboutReso 2008-1273
RESOLUTION NO. 2008 - !?.- 13
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AWARDING BID NO. 08-05-02 TO AND
ENTERING INTO AN AGREEMENT (INCLUSIVE OF THE FIRST
AMENDED SUPPLEMENTARY CONDITIONS) WITH MERKURY
DEVELOPMENT FOR CITY HALL IMPROVEMENTS, IN AN AMOUNT
NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS
($300,000.00), ATTACHED HERETO AS EXHIBIT "A", BASED ON THE
PRICING, TERMS, AND CONDITIONS LISTED IN THE Bl D 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, since occupying the ncw Government Centcr in February 2005, thc City
Commission and City staff have noticed nceded modifications to the building; and
WHEREAS, thesc modifications includcd drainage issues in the parking garage, enclosing
the third floor exterior elevator doors, providing direct access from the third floor parking garage to
the third floor lobby, enclosing the east stairwell, providing a canopy over the entrance to the Post
Office, and painting thc ceiling in the first floor parking area; and
\VHEREAS, the City is now in need of a contractor to furnish all materials, equipment and
labor for the modifications to the Government Center; and
WHEREAS, the City issued and advertised Bid No. 08-05-02, for City Hall Improvements,
for which four (4) responses wcre received; and
WHEREAS, staff has detennined that thc bid response from Merkury Development, attached
hcrcto as Exhibit "B", is the lowest most responsive rcsponsible bid; and
\VHEREAS, Cubellis Architects, our architectural consultant, has recommended the bid
award, based on a careful review of the line itcms and consideration for the Contractor's reputation;
and
WHEREAS, the City wishes to award Bid No. 08-05-02 to and cnter into an agrccmcnt,
inclusive of the First Amended Supplementary Conditions, with Mcrkury Developmcnt to provide
serviecs on a unit price basis for the City Hall Improvements, in an amount not to exceed Three
Hundred Thousand Dollars ($300,000.00), attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLO\VS:
Section 1. Incorporation of Recitals. The recitals set forth in this resolution are incorporated
herein by rcfcrcnce as if fully set forth herein.
R2008-l\lcrkury Dc\' City Halllmprm~I1l':ll[s (Bid 08-05-02) 1'.lg.: I or 2
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ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY)
07/17/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Peter J Buchanan ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Bateman, Gordon & Sands, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P.O. Box 1270
Pompano Beach, FL 33061 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: American International
Merkury Corporation INSURER B:
dba Merkury Development INSURER C:
7300 Biscayne Blvd. Suite 204 INSURER D:
Miami, FL 33186 INSURER E:
Client#. 56070
MERDE
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFiCATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN is SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSRf TYPE OF INSURANCE POLICY NUMBER PD'i~1J~;J~~E POLICY EXPIRATION LIMITS
LTR DATE IMM/DDNY)
~NERAL LIABILITY EACH OCCURRENCE $
OMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $
I-- a OCCllrrence
CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $
I--
PERSONAL & ADV INJURY $
I--
I-- GENERAL AGGREGATE $
n'L AGGRnE LIMIT APAS PER: PRODUCTS - COMP/OP AGG $
PRO-
POLICY JEeT LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accidenl)
I--
f-- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
'--
I-- HIRED AUTOS BODILY INJURY
$
NON-OWNED AUTOS (Per accidenl)
-
PROPERTY DAMAGE $
(Per accident)
~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTH ER THAN EA ACC $
AUTO ONLY: AGG $
OESSIUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR 0 CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
A WORKERS COMPENSATION AND WC6967295 03/07/08 03/07/09 X I T';XgH~;,~~ I IOJ~-
EMPLOYERS' LIABILITY $1,000,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT
OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000
If yes, describe under 51,000,000
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT
OTHER
DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
CERTIFICATE HOLDER
CANC ELLA nON
City of Sunny Isles Beach
18070 Collins Avenue
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 --1lL. DAYS WRmEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001/08) 1 of 2
#S 199581/M 198095
ACR
@ ACORD CORPORATION 1988
ACORD.. CERTIFICA TE OF LIABILITY INSURANCE OP ID Dcl DATE (MMIDDIYYYY)
MERD9-1 07/16/08
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
BUTLER, BUCKLEY, DEETS INC. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
6161 BLUE LAGOON DR. , STE 420 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
MIAMI FL 33126
Phone: 305-262-0086 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Mid-Continent Casualty CO
INSURER B:
~~Y CORPORATION INSURER C:
d b a MERKURY DEVELOPMENT
7 00 Bisca~ne Blvd. S#204 INSURER D:
Miami FL 3 138
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
LTR NSR[ TYPE OF INSURANCE POLICY NUMBER ~9.~ffJ~~E~~E Pg}l~Y(~W,gjf'J!t~N LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
I-
A X COMMERCIAL GENERAL LIABILITY 04GLOOO718506 02/17/08 02/17/09 PREMISES (Ea accurence) $100,000
r-- o CLAIMS MADE ~ OCCUR
MED EXP (Anyone person) $ EXCLUDED
r--
PERSONAL & ADV INJURY $1,000,000
r--
$1,000 DED. PER CUI IM GENERAL AGGREGATE $ 2,000,000
r--
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMPIOP AGG $2,000,000
'i nPRO- n
POLICY JECT LaC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
- (Ea accident) $
ANY AUTO
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
-
HIRED AUTOS BODILY INJURY
- $
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
=1 ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $
=:J OCCUR o CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I TORY L1Mmil IUE~-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E,L EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? E.L DISEASE. EA EMPLOYEE $
If yes, describe under
SPECIAL PROVISIONS below E,L DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
TEN (*10) DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT.
CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED.
CERTIFICATE HOLDER
CANCELLATION
CITOFSU
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 3 0 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.
~r.~
@A(;ORD CORPORATION 1988
CITY OF SUNNY ISLES BEACH
18070 COLLINS AVE
SUNNY ISLES BEACH FL 33160
ACORD 25 (2001/08)
CERTIFICATE OF INSURANCE
SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLDER WILL NOT BE CANCELED OR OTHERWISE
TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT IN NO
EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN. THIS CERTIFICATE OF INSURANCE
DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW.
This certifies that: !8l STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, Illinois, or
o STATE FARM FIRE AND CASUALTY COMPANY of 61oomington, Illinois
has coverage in force for the following Named Insured as shown below:
Named Insured MERKURY DEVELOPMENT.
Address of Named Insured 7300 BISCAYNE BLVD., STE 204~206
MIAMI SHORES, FL 33138-5135
POLICY NUMBER 422.1590.F20.59 399 3819 A26 59B 399 3821 A26 59B 399 3822 A26 59B
EFF!;CTIVE OA TE OF 12.20.06 TO 06,20.07 02.19.07 TO 07.26.07 02.19.07 TO 07.26.07 02.19.07 TO 07.26.07
POLICY
2002 2005 200S 2006
OESCRIPTION OF MERCECES FORO FORD FORD
VEHICLE
LIABILITY COVERAGE YES ONO J:gJves []NO l2S]YES DNa IZ!YES DNO
LIMITS OF LIABILITY
a. Bodily Injury $1,000.000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00
Each Person
a, Bodily Injury $1,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00
Each Accident
b. Property Damage $1.000,000.00 $1.000,000.00 $1.000,000.00 $1.000,000.00
c. Bodily Injury &
Property Oamage
Single Limit Each
Accident J:gJ YES DNO
PHYSICAL DAMAGE [8jyes DNO J:gJVES DNO J:gJYES . UNO
COVERAGES $100.00 Deductible $100.00 Deductible $100,00 Deductible !1QQJlQ Deductible
a. Comorehensive ~YES DNO
[8jYES DNO [8JYES UNO J:gJYES DNa
b, COllision $500.00 Deductible $500.00 Deductible ~500,OO Deductible $500.00 Deductible
EMPLOYER'S [8JYES DNO r8!YES ONO [8jYES DNO
NON.OWNERSHIP J:gJyeS ONO
COVERAGE DYES DYES ONO UYES DNO
HIRED CAR COVEMGE DYES ONO UNO
~
Signature of Authorized Representative
AGENT
Title
2697.F6DD
Agent's Code Number
07/1812008
Date
Name and Address of Certificate Holder
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Name and Address of Agent
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City of Sunny Isles Beach
18070 Collins Ave
Sunny Isles Beach, FL 33160
KEITH J, BRADSHAW
12892 BISCAYNE BLVD
N. MIAMI, FL. 33181
L
~
L
~
_ _____________________________________________________..____w.................._..................................._...............................
c.~.~.~k.if;~;~;;;~.~~i.c~rtlft~;t~. Of.l~$urance for liability coverage is needed: 0
Check if the Certificate Holder should be added as an Additional Insured: 0
Remarks:
10 39\7d
l^J~\7.::J 31\715
1(;18%890S
0(;:S0 800(;/81/L0
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CITY OF SUNNY ISLES BEACH
City Hall Improvements
Prepared by:
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Cubellis Project No.070662FLAR
City of Sunny Isles Beach Bid No.08-05-02
Dade County Building Department Process No. M2008000342
April 2008
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CITY OF SUNNY ISLES BEACH
City Hall Improvements
Contract Documents
and
Specifications
t. 'll!.I' -
,f _ ..... _
Cubellis Project No. 070662FLAR
City of Sunny Isles Beach Bid No.08-05-02
Dade County Building Department Process No. M2008000342
April 2008
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TABLE OF CONTENTS
City Hall Improvements
Cubellis Project No. 070662FLAR
City of Sunny Isles Beach Bid No. 08-05-02
BIDDING REQUIREMENTS, CONTRACT FORMS AND CONDITIONS OF THE
CONTRACT
DOCUMENTS
00020 Notice to Bidders
00100 Instructions to Bidders
00300 Bid Form
00401 Bid Bond
00402 Public Entity Crimes Affidavit
00403 Trench Safety Act
00420 Information Required from Bidders
00500 EJCDC Standard Form of Agreement
00600 Payment Bond
00601 Performance Bond
00650 Acknowledgment of Conformance with O.S.H.A. Standards
00700 General Conditions
00800 Supplementary Conditions
00900 Addenda
SPECIFICATIONS
DIVISION 1 - GENERAL REQUIREMENTS
DIVISION 2 - SITEWORK
DIVISION 3 - CONCRETE
DIVISION 4 - 16
04/08 Final Version
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SECTION 00100
INSTRUCTIONS TO BIDDERS
1. DEFINITION OF TERMS
1.1 Bidding Documents - these include the Advertisement for Bid, Instructions
to Bidders, Bid Form, sample bidding and contract forms, proposed
Contract Documents as defined in the General Conditions and any
Addenda issued prior to receipt of bids.
1.2 Total Base Bid - the amount stated on the Bid Form for which the Bidder
offers to perform the Work as described in the Bidding Documents.
1.3 Unit Price Bid - the amount stated in the Bid Form as a price per unit of
measurement for materials or labor as described in the Bidding
Documents.
1.4 Addenda - written and graphic documents issued by the Engineer prior to
the execution of the Contract to modify or interpret the Bidding
Documents.
1.5 General Conditions - 2002 Version of the Standard General Conditions of
the Construction Contract.
1.6 Any Capitalized terms contained here-in (e.g. Owner, Engineer, Work,
Agreement, Contract) and is not defined above are contained in the
General Conditions Article 1 - Definitions and Terminology.
2. BIDDING DOCUMENTS
2.1 Complete sets of Bidding Documents may be obtained from the office of
the Engineer as stated in the Advertisement for Bid.
2.2 Complete sets of Bidding Documents shall be used by Bidders in
preparation of Bids; neither the Owner nor the Engineer assume any
responsibility for errors or misinterpretations resulting from the use of
incomplete sets.
2.3 Bidding documents consist of this project manual along with the following
construction plans titled:
a. City Hall Improvements
Bid No. 08-05-02
Cubellis Project No. 070662FLAR
04/08 Final Version 00100-1
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3. EXAMINATION OF DOCUMENTS AND SITE
3.1 Bidders shall visit the site of the proposed work and become familiar with
the nature and extent of work to be performed and local conditions that
may affect the work.
3.2 The Bidding Documents were prepared to present an essentially accurate
representation of existing conditions, interpreted from available
information on the site. The Bidder is not relieved, however, of the
responsibility of becoming fully informed as to existing conditions at the
site.
3.3 Bidders shall examine existing site improvements, and conditions, utilities,
and streets to determine all conditions, which will affect the Work.
4. INTERPRETATION OF BIDDING DOCUMENTS
4.1 All questions requiring clarification or interpretation of the Bidding
Documents shall be made in writing and shall reach the office of the
Owner at least 5 days prior to the date for receipt of bids. Direct all
requests to the attention of Bruce Wasersztein, Project Architect at
Cubellis, 1800 Eller Drive Suite 500, Fort Lauderdale, FL 33316; Fax: 954-
961-6807; Phone: 954-961-6806.
4.2 Any modification or interpretation of the Bidding Documents will be made
by Addendum to all who are recorded by the Architect as having received
a complete set of Bidding Documents.
4.3 Interpretations or modifications of Bidding Documents made in any
manner other than by Addendum will not be binding.
4.4 A Bidder, prior to submitting his Bid, shall ascertain that he has received
all Addenda issued, and shall acknowledge their receipt in the Bid Form.
5. SUBSTITUTIONS
5.1 Bidders represent that their Bid is based upon the materials and
equipment described in the Bidding Documents.
5.2 Requests for substitutions will be considered prior to receipt of bids if they
reach the Architect at least 5 days prior to the date for receipt of bids.
5.3 Acceptance by the Architect of a proposed substitution will be issued in
the form of an Addendum or Substitution Request Form.
04/08 Final Version
00100-2
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6. QUALIFICATION OF BIDDERS
6.1 If requested, the Bidder shall submit to the Architect, prior to award of
contract, a properly completed Contractors Qualification Statement, along
with any other evidence of his satisfactory experience and ability to
perform the proposed Work.
6.2 If requested by the Owner, the Bidder shall submit a certified financial
statement, prepared within the past 30 days, indicating current financial
resources, liabilities, capital equipment, and past history performance.
6.3 Bidders may be disqualified and their bids rejected for any of the following
specific reasons:
a. Reason to believe that collusion exists among Bidders.
b. Determination of lack of competency as may be revealed by
qualification statements, financial statements, experience records,
or other questionnaires.
c. The Bidder's uncompleted work load which in the judgment of the
Owner, may cause detrimental impact on prompt completion of this
project.
d. The Bidder is involved in any litigation against the Owner.
e. The Bidder has defaulted on any previous contract or is in arrears
on any existing contract.
f. The submittal of more than one proposal from an individual, firm,
partnership, corporation or association under the same or different
names.
g. The Bidder, or its principals, have outstanding code enforcement
violations with the City of Sunny Isles Beach.
6.4 It shall be a requirement of this bid that there are no related party
transactions between the bidder and any employee, agent or contractor of
the City of Sunny Isles Beach. Any bidder who is a related party, as noted
herein, will be considered non-responsive and the proposal and bid bond
will be immediately returned. A bidder will be considered a related party if
the bidder has an ownership interest or is in any way related to an
employee, agent, consultant or contractor of the City, is a sub-consultant
of an employee, agent, consultant or contractor, and can influence the
management or operating policy of the other to an extent that one of the
transacting parties might be prevented from fully pursuing its own
separate interests.
7. PERFORMANCE OF WORK BY CONTRACTOR:
7.1 The Contractor shall perform on the site and with his own forces, work
equivalent to at least forty percent (40%) of the total amount of work to be
performed under this contract. After the contract is awarded, and during
04/08 Final Version
00100-3
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the progress of the work, the Owner reserves the right to reduce the
percentage of work performed by the contractor's own forces.
8. BID PREPARATION
8.1 Prepare bids on the forms provided by the Architect with all blanks on the
Bid Form filled in by typewriter or written in ink.
8.2 State total base bid amount in both words and figures. In case of a
discrepancy between the two, the amount written in words shall govern.
8.3 Bids shall include the legal name and address of the Bidder and indicate
whether the Bidder is a sole proprietor, a partnership, a corporation, or
other legal entity.
a. Individual - provide name and post office address.
b. Partnership - provide name and post office address of each
member of the partnership.
c. Corporation - provide name and post office address of person
signing the form and legal evidence of his authority to do so; names
and addresses of the corporation president, secretary and
treasurer; name of state where chartered; and affixed with the seal
of the corporation, attested by the secretary.
8.4 Bids shall include documentation required by the Florida "Trench Safety
Act." The Trench Safety Act form is included within the Bid Form Section
for completion by the Contractor and review by the Owner. The unit prices
presented in the Bid shall include the Bidders cost of compliance with the
applicable trench safety standards.
8.5 All Unit Price Bids requested on the Bid Form shall be bid.
9. BID SUBMITTAL
9.1 Submit one (1) original and five (5) copies of the Bid Form, the bid
security, the list of Subcontractors, and other requested attachments,
enclosed in a sealed opaque envelope, addressed to the entity receiving
the bids as stated in the Advertisement for Bids. The envelope shall be
further identified with the Project name, the Bidder's name and address,
and the words "BID ENCLOSED".
9.2 Deposit Bids at the designated location on or before the time and date for
receipt of Bids indicated in the Advertisement for Bids. Bids received after
the time and date indicated for receipt of Bids will be returned unopened.
04/08 Final Version
00100-4
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10. BID SECURITY
10.1 Each Bid shall be accompanied by a cashiers check drawn on any State
or National Bank in Florida, or an acceptable Bidders Bond, payable
unconditionally to the Owner, in an amount of five percent (5%) of the
amount of the total Bid or $5,000.00, whichever is less.
10.2 Failure of the successful Bidder to enter into the Contract in accordance
with his Bid, or failure to furnish the required bonds will be just cause for
an annulment of the award with the amount of the bid security being
forfeited to the Owner as liquidated damages, not as a penalty.
10.3 Should a Bid Bond be used, acceptable surety companies shall be
determined from the latest United States Treasury Department's list of
companies holding certificates of authority as acceptable Sureties on
Federal Bonds. Requirements for Acceptable Surety Companies are
outlined in Item 15.4.
10.4 The Owner may retain the bid security of those Bidders to whom an award
may be considered until successful execution of the Contract and bonds;
or the specified time for holding bids has elapsed; or all Bids have been
rejected.
11. MODIFICATION AND WITHDRAWAL OF BID
11.1 Prior to the time of bid opening, a Bidder may withdraw his Bid at any
time, but may not resubmit it. Bids may not be modified after submittal.
11.2 After the bid opening, no Bid may be withdrawn, canceled or modified for
a period of 90 days after the time and date designated for the receipt of
bids.
12. OPENING OF BIDS
12.1 Bids submitted will be opened publicly and read aloud at the time and
place stated in the Advertisement for Bids.
13. GOVERNING LAWS AND REGULATIONS
13.1 Bidders shall be familiar with all federal, state, and local laws, ordinances,
rules, and regulations that may in any way affect the Work.
13.2 Trench Safety Act: The Occupational Safety and Health Administration
excavation safety standards, 29 CFR 1926.650 Subpart P trench safety
standards will be in effect during the period of construction of the Project.
In compliance with current State of Florida statutes, the Bidder shall
provide documentation required by the Florida Trench Safety statute to the
Owner, in conjunction with the Bid Form.
04/08 Final Version
00100-5
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14. LIQUIDATED DAMAGES
14.1 The Owner may incur financial loss if the Work is not substantially
complete by the date set forth in the Agreement. The Contractor (and his
Surety) shall be liable for liquidated damages in accordance with the
Supplementary Conditions and the Agreement.
15. PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND
15.1 With the execution and delivery of the Contract, the Bidder shall furnish
the following Surety bonds of the forms contained herein:
a. Performance Bond guaranteeing full and faithful execution of the
Work in an amount equal to 100 percent of the Contract Sum, and
including guaranteed repair and maintenance of all defects due to
faulty materials and workmanship that appear within one year after
completion of contract.
b. Labor and Material Payment Bond guaranteeing full and proper
protection of all claimants supplying labor and materials in the Work
in an amount equal to 100 percent of the Contract Sum.
15.2 Bonds shall be executed by Surety authorized to do business in the State
of Florida and listed on the latest U.S. Treasury Department list of
companies holding certificates of authority as acceptable sureties on
Federal Bonds.
15.3 Bonds executed by an Attorney-in-Fact on behalf of the Surety, shall have
affixed thereto a certified and current copy of Power of Attorney, indicating
the monetary limit of such power.
15.4 Qualifications: As to companies being rated acceptable:
A Bid Bond and Performance and Payment Bond must be executed by a
Surety Company of recognized standing, authorized to do business in the
State of Florida and having been in business with a record of successful
continuous operation for at least (5) years.
In addition to the above - minimum qualifications, the Surety Company
must meet the following additional qualifications.
04/08 Final Version
1. The City will accept a surety bond from a company with a rating of
B++ or better for bonds up to $1 million, provided, however, that if
any Surety Company appears on the watch list that is published
quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the City shall review and either accept or reject the
Surety Company based on the financial information available to the
City. A Surety Company that is rejected by the City may be
substituted by the bidder or proposer with a surety company
acceptable to the City, only if the bid amount does not increase.
00100-6
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a. The Surety Company shall have at least the following minimum
ratings:
Amount of Bond
Cateqorv
100,000 to 1,000,000 B++
1,000,001 to 2,000,000 A-
2,000,001 to 5,000,000 A
Policvholder's Ratinq
Financial Size
Class V or higher
Class VI or higher
Class VII or higher
b. All Surety Companies are subject to review and approval by the
Owner and may be rejected without cause. All bonds signed by an
Agency must be accompanied by a certificate of authority to act.
15.5 The Surety Company shall submit verification from the Department of
Insurance Office of the Treasurer stating the surety company's license and
certificate of authorization to do business in the State of Florida.
16. SUBCONTRACTOR LIST
16.1 In conjunction with the Bid Form, Bidder shall submit a list of names of the
subcontractors and major material suppliers proposed for the principal
portions of the Work. Submit list on form provided by the Architect.
16.2 Prior to award of Contract, the Owner will notify the Bidder in writing if they
have an objection to any person or entity listed. Upon such reasonable
objection, the Bidder shall propose an acceptable substitute person or
entity in accordance with Article 6.06 of the General Conditions.
17. BID PROTEST
17.1 In the event of a timely protest, the City Manager or his/her designee shall
stay the award of the contract unless, after consulting with the City
Attorney and the affected director, he/she determines that the award of the
contract without delay is necessary to protect substantial interests of the
Owner.
17.2 The city shall require a deposit from a protester to compensate the Owner
for the expenses of administering the protest. If the protest is decided in
the protester's favor, the entire deposit shall be returned to the protester. If
the protest is not decided in the protester's favor, the deposit shall be
forfeited to the Owner. The deposit shall be in the form of a cashier's
check and shall be in the amount of 1 % of the amount of the pending
award, with a minimum deposit of $500 and a maximum deposit of
$10,000.
04/08 Final Version
00100-7
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18. CONTRACT AWARD AND EXECUTION
18.1 Until final award of Contract, the Owner reserves the right to reject any
and all Bids, with or without cause; to waive any informality or irregularity;
or to accept the Bid which is in the best interest of the Owner.
18.2 It is the intent of the Owner to award a Contract to the lowest responsible
and responsive bidder whose bid best serves the interests of, and
represents the best value to, the Owner pursuant to the criteria set forth in
Section 62-8 of the City Code of Sunny Isles Beach, and whose Bid is in
conformance with the Bidding Documents and does not exceed the funds
available. Price is only a factor in determining the lowest responsible and
responsive bidder.
18.3 Upon acceptance of a Bid and award of the Contract, the successful
Bidder shall deliver the executed Contract, along with required bonds and
any other items requested, to the Owner within 10 days. Failure to do so
will be deemed as a breach of agreement by the Bidder and result in
forfeiture of bid security as described in the Instructions to Bidders.
18.4 The Owner reserves the right to hold all proposals and bid guarantees for
a period not to exceed 90 days after the date of bid opening stated in the
Advertisement for Bids.
18.5 The award of the contract, if it is awarded, will be to the lowest responsible
and responsive bidder whose bid best serves the interests of, and
represents the best value to, the Owner pursuant to the criteria set forth in
Section 62-8 of the City Code of Sunny Isles Beach, and whose proposal
shall comply with the requirements of the Contract Documents. Time is of
the essence for this project and the time limits set in the proposal, if set by
the bidder, will be accorded weight by the Owner in the determination of
the best proposal. In no case will the award be made until all necessary
investigations have been made into the responsibility of the bidder and the
Owner is satisfied that the bidder is qualified to do the Work and have the
necessary organization, capital and equipment to carry out the provisions
of the contract to the satisfaction of the Owner within the time specified.
18.7 If the Contractor feels that a problem exists either prior to, or during the
bid opening, he/she shall contact the City (within 24 hours of the bid
opening) and follow the City's current policy for bid protests.
18.8 The Owner reserves the right to award as a total contract any combination
of the Unit Price Bid Schedule Items that would be in the best interest of
the Owner.
04/08 Final Version
00100-8
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19. CASH ALLOWANCES
19.1 The Bidder is advised that a space is provided in the Bid Form, Document
00300, for this purpose only. The Contractor shall not proceed on any
additional work to be covered by allowances until authorized in writing by
the Engineer. Such work shall be approved by the Owner, shall be within
the scope of work defined by this Contract and shall not exceed the
amount indicated in the Bid Form. Any amount remaining in the Cash
Allowance will be retained by the Owner.
END OF DOCUMENT
04/08 Final Version
00100-9
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SECTION 00300
BIDTORM
Bid of Jv1GvtGUv~ 1)::velopmCil+
Address ,ceo B6-Cll1nL },\ vd ""*20--1- /\/\ IqvYlI I r:-L 3.3IDS
Phone ,3")S- ,58 -q8B8
To furnish all materials, equipment and labor and to perform all work in accordance with the
Contract Documents for construction of: SUNNY ISLES BEACH: CITY HALL IMPROVEMENTS
located in the CITY OF SUt\INY ISLES BEACH.
To: CITY OF SUNNY ISLES BEACH
18070 Collins Avenue, Suite 250
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.
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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 and responsive
bidder whose bid best serves the interest of, and represents the best value to, the Owner
pursuant to the criteria set forth in Section 62-8 of the City Code, and that 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. Bidder
acknowledges that price is only a factor in determining the lowest responsible and
responsive bidder.
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Final Version
00300- I
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Sunny Isles Beach: City Hall Improvements
UNIT PRICE BID SCHEDULE
Item Estimated Estimated
No. Description Quantity Unit Unit Price Amount
New storefront glass enclosure for existing east 8t ,8Q{).1W ~J I l)OO
stair, 151 floor.
New concrete roof over existing Post office, 1 ~t /30, <615.1lV 13015'15
2 floor, 1 ~I floor ceillng of the existing Garage I
Building shall be cleaned, primed. and painted.
Only the 1 iii floor ceiling is to be painted, which
means that all other ceilings will not be painted.
Please refer to the Specifications Book for
painting materials and execution.
New vestibule entrance for existing Council \ J 2,000. "" I 2- OD 0
3 Chambers, 18t floor, )
New storefront glass in front of existing elevator I
4 doors, 2nd floor. 5, 2.DO . tJ" 5,200
New floor drains installed into existing concrete
5 slab, 3rd floor. 8300. .)() B,30V
New galvanized steel canopy over exiting
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6 elevator doors, 3rd floor. J 5,000. vii ( Jf ()O D
New entrance Into existing building, connecting
7 3rd floor parking with 31d floor offices, incl. steel 3 S I 000 t71J -30) 00 D
stair
8 New entrance to existing Generator Room (P (20D. IN (o2-0D
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GRAND TOTAL. (ltems1-8)
2C1 L-f I 375.
00
'fce...- hLiH".J.V-CJ ~ S-ev~ -hVe
clOllCt vs
(Authorized Signature)
Final Version
00300-2
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BID SECURITY
Accompanying this Bid is a certified or cashier's check or a bid bond in the amount of $ 5% of
the bid made payable to the Owner which may be forfeited as liquidated damages if, in the
event this proposal is accepted, the undersigned fails to execute the Agreement and furnish and
pay for the required performance and payment bonds for the Owner within 10 days after
acceptance of the Bid; otherwise said certified or cashier's check or bid bond will be returned to
the undersigned.
Jhek;uiiOe[si"ne(HkBiaaerc:"a"rees;:to~~lc6rrrmenc~~wolK' withifiFfd\'da ,s':'after:thec date.. of written
.~",.,..,~-","~,."",g,,,,,,,,"~,"..~,,,",,..,,q- .'.' ..,...,.,....~.. . f6~;~tlott~ml~jflb-""'-";'<'cc' ,_. ~;,\>(~~trW;A~~'tor65.i1S'~;t{jtite'
<2~JHL~f~L. .,...,...:'~N~t'I~e~:L ".,.g@_$'~/ s..lJpj".,.,'i;.., .w2B;~~xteQ~[Qh'S;'QrJ'im~
altq~~gr~l?;yjJB~~9nq,lilQ;r1~gT;:J5g;c,9'QfF~:Cf:
The undersigned Bidder agrees that this Bid shall be good and may not be withdrawn for a
period of 60 days after the scheduled closing time for receiving bids.
The undersigned agrees to forfeit to the Owner, as liquidated damages for each calendar day
elapsing between the date established as the date of substantial completion and the actual date
of such substantial completion of the contract work, ffi~I~mQJ!QltofY$~~qQb:6'tiJP'er calei}dar,da'y.
The undersigned further agrees to forfeit to the Owner, as liquidated damages for each calendar
day elapsing between the date established as the date of final completion and the actual date of
final completion of the contract work, ffi"eaITlQli'ntiQf$~;ObO.dd;RerrcalenaardaY;
Final Version
00300-3
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ADDENDA
Bidder acknowledges the receipt of Addendum No.'s
1. 1- I 2, , 3.
Dated thi~'5"""" day of /W c/
(month)
14.
,5.
ZOO~
(year)
*
Me: v Kuyv/ Jx:vclDPrncn+
-.:J ?JOG B ,5CO Y ne B I V d :IF. LDY-
rv\,'omi FL-- 33138
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Contractor:
Address:
*
SEAL
Attachments:
Subcontractor List
Bid Security
Trench Safety Act documentation
END OF DOCUMENT
Final Version
00300-4
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DOCUMENT 00401
BID BOND
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BIDDER (Name and Address):
Merkury Development
7300 Biscayne Blvd.. Ste. 20~
Miami. FT.... '3 '311R
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SURETY (Nr'Jllil; Hnd Address Of PrinCiOal Place of Business);
Berkley Regional Insurapcp CompRny
4?11 W Boy_ SrOllt B.lvcQ > Sta. 150
Tampa. FL '33.601
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OWNER (Name a(liJ.Ad.dre~;
GI1Y OF ~UNNY ISLES BEACH
18070 Collins Avenue
Sunny. r~'es; ~ach. ~lorid;J 33160' _
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BID
- 81D DUE DATF' May 19,2008
PROJECT: City Hall Improvments
The Scope of the project incluul!s any and/or all of the fOllowing work:
1, New storefron.t glass enclosure for existing east stair, 1/il floor.
2. New concrete roof over existing Post office, 1:1\ floor.
3. New vestibule entrance for existing Council Chambers, 1 <t floor.
4. New storefront glass in front of existing elevator doors. 2nd floor,
b. New floor drains installed into existing concrete slab, 3rd floor.
6. New galvanized steel canopy over exiting elevator doors, 3m floor.
7. New entrance into existing building. ('.onnecting 31ll floor parking with 3rd floor offices.
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BOND NUMBER: N / A
DATE: (Not/afer th~n Rid DUll Det,,): May 19.1008
PENAL SUM: Fiv~ Perrf'nt of Amnllnt" Bid........( "Z)
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IN WITNESS WHEREOF, Surety and Bidder, Intending to be legally bound hereby, subject to the terms
printed on t~ reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its
authorized officer, agent, or repre3snraUve.
BIDDER
SURETY
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By:
_ (Seal)
,
B4rkl,'y Regr<Du--alInsurance (Sesl)
::'"jfm~t;;tOj~; ; ~ompany
1 SIgnature and Title Michael Bone t,
(Attach Power of Attorney) A~ t 1Ft
L orney- n- ac
Allest:Se Power of 4ttorney ~rida Resident
Signature and Title At tached
and
Agent
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Note:
(1 )
(L)
Above addresses are to be used fOi giving reQuired notice,
Any singular reference to Bidder, Surety, Owner Or other party shall be
considered plural where applicable.
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00401-1
Final Version
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1. BIdder and Surety, jolnlly and seVllrally, bind
thomcclvc:>, their hairs, exf:t.utors, aominiSlnltors,
suCCessors and aGSlgns to pay to Owner upon default of
Bidder any difference between the total amount of Bidder's
bid and the lotal amount of tho> blcl of ll10 nQxt lo>MX:t.
responsible and responsive bidder as detlmninad by Owner
for the Work required by the Contract Documents. provided
that
1.1. If thom 15 no such naxt lowest, responSICle and
responsive bidder, and Owner does not
abandon the Project, then Bidder and Surety
shall pay to Owner thE penal lOlIm'Jl?t fortl1 on
the /:lCE of this Bond; and
1.2. In no evenl shall Bidder's and Surety's obligation
hereunder ellClled the penal sum set forth on
the (det: ur thIs Bono.
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2, Default of BIdder shall occur upon 1hE! failurB 01 Bidder
to deliver wfthln the time reQuired by 1M RIdding D~um9nlB
(or any extension thereof agreed 10 in writing by OlM'ler) the
executed Agrnement required by the Bidding Documents
and any perfonnance and payment bonds required by the
Bidding Documen~ t1nd Contr()cL DIlI.-uments.
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3,
This- obJlgation shall be null and void If:
3.1. OlM1er accepts Bidder's bid and BidnRr nRllver~
within th~ time required by the Bidding
Documents (or any extension Ihet~f agreed lO
in writing l:Iy Owner) the eXi!CU\ed Agreement
requir<xl I)y thG S Iddin9 OoclJmenl:s ,.lId any
performance and payment b01'lds required by
the Bidding Documents and Contract
[)ocumQl1Is. or
3.2. All Dlds are reJectlld by Owner. or
3.3. Owner falls to issue a notice at award to Bidder
within the Ilme specfftBd in the Bidding
Docul1'lentc (or :lny extension thereof agreed \0
In v.rtling by Bidder and, If appncsble, consented
to Oy Surety when required Oy paragraph 5
hereof).
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4. pawnent undsr thIs Bond will be dUB and payable
upon default by Bidder and wfthin 30 calendar day$ aftlll'
f'P.CRlrrt hy Sldd.". "nd within 30 ""Icndor dBY8 triter ....""Ipt
by Bidder and Surety of written notice or defaull from Ownflr.
which notice will be given with reasonable promptness,
Idenlllylng thiS Bond and too Project and incJl.ldinQ a
E>1ateTTHml of 1he amoW"lt dl.le.
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5. Surety waives notice of and any and all defenses
based on or arlslng out of any time !!)(tension to issue notice
of award agreed to in WrIting by Owner and Bidder, provided
that lhe total lime for issuing notice of award inCluding
Elxtaneione 3haJI not in the aggregille ~l\l."l'ad 120 del}'" from
Bid Due Date without Surety's written COTlSent.
6. No suit or action shall be commenced UndBf ll'iis Sond
prior to 30 call1T1dar dayS after the noUce of default as
reqUIred in Paragraph 4 above, Is received by Bidder and
Surety and in nO case laler tI'lan one year after BJd Due
Date.
7. Any suit or action under this aond shall be
commenced only In a court of competent jurisdlctlon located
in the &late in 'NI1ict\ the Project is located.
8. Notices rllQulred hereunder shall be in writing and
cont to 81dder end $uroty al !heir resp,,~live Itdllrlf5SBl;
shOlNT"l on the face of this Bond. Such no~ces may be sent
by personal delivery, commercial courier Ot by United Statlls
Registered or CertJfled Mall. l'lltum receipt recuw;ted.
postage pre-paid, ant! shall be deemsd to be effeo'Jve upoo
rscelpt by UJg party concemed.
Q. Surnly eh:>1I o:ll.l:ll1 \0 be e~ched 10 this BOnd a
current and effective Power of Attorney evidencing tho
authority of the offlCGr, agent or reprnsenlative who executed
this Bond on behalf of Surety \0 executa, seal and deliver
sucl'l Bono anO 0100 1M surely thereby. '
10, This Bond ill Intended to conform to all appticable
sl31utorv requireJmmf!;:. Any appli~br.iI ,..,quirc>molnl of :my
applicable statLrte that has been omitted from this Eland shall
be deemed to os Induc!ed herein as If sat fcrt/1 at length. "
any provision of Ihls Bond conftic1s w1tn any applicable
proVISIon or tnls BoM contllds wl111 any applicable prollision
of any applicable statute, !hen the provision of saId statute
shall govern and the ramalnder of this Bond Ihat Is not In
connlel thp.fP.wllh "h:>J1 eontlnlJ<l in full forcg Qnd 9!fOci.
11. The term "bid" as used herein includes a bid. offer or
proposal as appflC<lble.
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Final Ver~ion
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00401-2
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No. 344b
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POWER OF ATTORNEY
BERKLEY REGIONAL INSURANCE COMPANY
WILMINGTON, DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
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KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a
corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa,
has made, constituted and appointed, and does by these presents make, constitute and appoint: Antonio Arias, Michael Bonet or
lvlichael A. Holmes of Brown & Brown, Inc. of Miami Lakes, Florida
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its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and
deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation
shall exceed Fifteen Million and 00/100 Dollars ($15,000,000.00), to the same extent as if such bonds had been duly executed
and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.
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This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000:
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"RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and
qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other'suretyship obligations on
behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and
further
RESOL VED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or
other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner
and to the extent therein stated; and further
RESOL VED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power
of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though
manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or
persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be
such at the time when such instruments shall be issued."
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IN WITNESS WHEREOF, the Company has caused theseh presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixed this ?-1 day of (Y\.h/L/C--V') , 2008.
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(Seal)
By
-~//----
Ira S. Lederman
Senior Vice President & Secretary
By
Attest:
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WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER.
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STATE OF CONNECTICUT)
) ss:
COUNTY OF FAIRFIELD )
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Sworn to before me, a Notary Public in the State of Connecticut, this <<I day of l'YLcv\.-c11 ,2008, by Robert p, Cole and Ira S. Lederman
who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance
Company,
EILEEN KILLEEN
NOTARY PUBLIC
MY COMMISSION ~PIA!:S JUNE 30, 2012
--;; . .
cl-b....c.A.V /--{t-L-~l.-<.AJ
Notary Public, State of Connecticut
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CERTIFICATE
I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a
true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the
authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full
force and effect as of this date.
Given under my hand and seal of the Company, this ~ day of
Mav~. L'
/~~~ ~
John /~ets
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(Seal)
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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,
C[I~~~~f'~~/~~~~n~\CS Peach
1.
This sworn statement is submitted to
f2.ube vi A\-cVl
[print individual's name and titlel ..J..
ve 1 0 n I
[print name of enti submitting swo n statement]
by
for
whose business address is
IceD 5/~L/nc: Bfud ~ w+
tvliCH'n; IPL 3~13f)
and (if applicable) its Federal Employer Identification Number (FEIN) is OlD'" 1 Zq 00 SS
(If the entity has no FEIN, include the Social Security Number of the individual signing this sworn
statement: ,)
2. I understand that a "public entity crime" as defined in Paragraph 287.133(1 )(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to
the transaction of business with any public entity or with an agency or political subdivision of any
other state or of the United States, including, but not limited to, any bid or contract for goods or
services to be provided to any public entity or an agency or political subdivision of any other
state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering,
conspiracy, or material misrepresentation,
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 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a
plea of guilty or nolo contendere.
4, I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
1. A predecessor or successor of a person convicted of a public entity crime; or
2. An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who
are active in the management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling of equipment or income among
persons when not for fair market value under an arm's length agreement, shall be a prima facie
case that one person controls another person. A person who knowingly enters into a joint
venture with a person who has been convicted of a public entity crime in Florida during the
preceding 36 months shall be considered an affiliate.
5, , understand that a "person" as defined in Paragraph 287.133(1 )(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the
legal power to enter into a binding contract and which bids or applies to bid on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
Final Version
00402-1
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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 THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE
IN THE INFORMATION CONTAINED IN THIS FORM. 4 ~
' [signatu ]
Sworn to and subscribed before me this
IS
day of NC1 L{ , 2008
-c:!id/~c:;zr-
o ry Public - State of FIOY I-~
Personally known
~
OR Produced identification
(Type of identification)
My commission expires Cf II Q /08
I '
bn''5e II \Ja ZCfUE 2-
(Printed typed or stamped
commissioned name of notary public)
1\ \1 1 C\"'
\\\""(" C,i'lse~ azqLct...
......~\~'{.~tJ(:"..i' .... , . .~\'n3j,\G3~~
,:--::<:". '.,(~':. C. ~\-',IOO - '..I.' .
.>~': :;~~\ ':':': ,,~m,ll)v ~;::?, l3.?~..)C::.
'" " . :-.:"~ "~ (. -:. . ~ s'
Final Version
00402-2
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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 1, 1990. The bidder further identifies the costs of such compliance to be
summarized below:
Trench Safety U nit of Unit Unit Extended
Measure Measure (Quantity) Cost Cost
(Description) (LFSF)
A. Jlopc Inf+ 2-CO 4510.0Y~ ~ 2JCCO
B.
C.
D.
Total $ 2,(X:C)
If applicable, the Contractor certifies that all trench excavation done within his control in excess
of five feet in depth shall be in accordance with the Florida Department of Transportation's
Special Provisions Article 125-1 and Subarticle 125-4.1 (TRENCH EXCAVATION SAFETY
SYSTEM AND SHORING, SPECIAL - TRENCH EXCAVATION).
Failure to complete the above may result in the bid being declared non-responsive.
Contractor agrees that the above safety compliances and costs are included in his bid package.
n$
Signature of Bidding Contractor
END OF DOCUMENT
Final Version
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/Address: M-c V k-UVl{ De VEtO pvnc r1 +
73q:) ~1::=al1YlC 51 vel ~ 2dt-
tvtl ami ~e!-- ~:z,I"08
2. Contractor's Telephone Number: ,~O 5" - I 5 B - q ~98
3, Contractor's License: C&C.15l ZZ5 3
Primary Classification: 6eVlCVu I con-truc tor
4. Number of years as a Co ractor in construction work of the type involved in this Contract:
I 0 r-5
5, List the names and tiUes of all officers of Contractor's firm:
_fJOu I TDtl-t'5 - P~-e51'd-cnt /lYeCL3Urfr
JZufx n AI~r1- \/ tCL 2rt: StdCV1+ I ~(f e fu r L1-
6, Name of person who inspected site or proposed work for your firm:
Name:
~Vl A\-cn
.s/15[OB
/
Date of Inspection:
7,
What is the last project of this nature you have completed?
-f+-. LCl~'Cr~b\c: ..\=bllC-C Dcrp+
(J\..,{n 12aV1ge
8, Have you ever failed to complete work awarded to you; if so, where and why?
no
Final Version
00420-1
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g,
Name three individuals or corporations for which you have performed work and to which you refer: q~ I
1UYr1-C. r CoYlSrructt'OYl - 'j2h:jrtda wl'mbe (/1.,/- 18lP - (J)2../- ~
'POJV- !L\ve Brown - 3OS- BLoq - Lf2DO
&IKc~ CoY1Cre+e- HilLe Het'Y1~ndez- -,E3l.R-ZwS-'14-11
10.
List the following information concerning all contracts on hand as of the date of submission of this
proposal. (In case of co-venture, list the information for all co-ventures).
NAME
OF
PROJECT
CITY
TOTAL
CONTRACT
VALUE
CONTRACTED
DATE OF
COMPLETION
%
COMPLETION
TO DATE
Hle.- J2.CF /V1 (ClvYli .$ 1.5 ~"I .JCIn.200'1
[\IO(thpor+PCl(~in9 ft.Lauclerltetk $''2..5 ICln. '2DCR
&cu.....CtCj1:: . ,-
NJAiLf'5&c MiClm, $,.2 mIl Jt.AIl.( 2008
3Y1-FI'" (Continue list on inset sheet, if necessary)
o '/.
30 ;/.1>>
g7 I.
11,
What equipment do you own that is available for the work?
('nvcv-e..te ;saws, 12-ebUY Cutt-evS, ,~ll 1LDIS
12,
What eguipment will you purchase for the proposed w<jlrk?
~'fV\C1\ \ ~o\S a~ n-c-cd~
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.
Final Version
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.
Work to be Performed
1, -EI--c::ch ,'CO l
2. ~IUt'Ylbi n9
3. nrC Vrvt-ection
4,
5.
6.
7,
8.
9.
10.
NOTE: Attach additional sheets if required,
Final Version
Subcontractor's l\Jame/Address
t-tLi9hc5 'ElCc.tr tCq I
2QOl ~'I v'e r~ldc. Dr. :#60to
LeZQ'S -Plumb'n9
qq4-8 ~VV 13 Ave.
A. If fro (I :II. I ..DIG.
ZCDO fVW q4-IA-- Ave:
core, \ Sfrlnj~I.vL.
MI~I'Y\ \ ,eL-
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01'ClY'Y'i teL
00420-3
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MERKURY k.. CONSTRUCTION
D EVE LOP MEN T . . ...... ... & ENGINEERING building smarter.
Business References
1} Baker Concrete
Mike Hernandez- Project Manager
Project: 747AB Infill
305-216-4670
Southern Region
P.O. Box 998317
Miami, Florida 33299
2} Turner Construction
Susan Robinson- Pre- Construction Coordinator
Project: Terminal B-C Infill & Building Shell
786-621-9000
1399 SW 1st Avenue
Miami, FL 33130
3} Parsons-Odebrecht loint Venture (POlV)
Christopher Olson- Project Superintendent
Project: North Terminal Development 745 General Trades
305-869-3601
4450 N. W. 20 Street
Bldg. 3050, First Floor
Miami, Florida 33122
4} Broward County Public Works &. Transportation Dept.
Seaport Construction &. Planning Division
Donald P. EJlis- Project Manager III
Project: Northport Parking Garage
954-523-3404 Ext. 3877
1850 Eller Drive
Ft. Lauderdale, Florida 33316
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MERKUR~ ~
DEVELOPMENT
CONSTRUCTION
& ENGINEERING building smarter.
SCHEDULE OF COMPLETED PROJECTS (Past 5 Years)
Proiect Name & Number / Owner or Tenant!
Work Description! Contact
Date Completed!
Contract Amount
I.
MIA 745B B-C Infill Stucco & Masonry
American Airlines / Miami-Dade County, Miami, FL
CMU & stucco for shell completion at MIA between Concourses B & C
Baker Concrete (Mike Hernandez)
2.
Biscayne Landing Parking Garage
Miami-Dade County, Miami, FL
Construction of a new multilevel parking garage
3.
JMH Park Plaza West New Emergency Generator and UPS Upgrade
Miami-Dade County, Miami, FL
Renovation of existing CMU structure & installation of new generator
Public Health Trust of Miami-Dade County (Rafael Leyva)
4.
Royal Palm Communities Tenant Office Build Out
Miami-Dade County, Miami, FL
Installation of new doors, framing drywall, carpeting & ACT
Royal Palm Miami Holdings, LLC (Jim Faria)
5.
JMH Outpatient Testing & Registration Area CentralIst Floor
Miami-Dade County, Miami, FL
Concrete and masonry infills and stucco application
Turner Construction (Jorge Cerna)
6.
South Miami Hospital
Miami-Dade County, Miami, FL
CMU repairs, door and frame installation
Turner Construction (Gregory Mahunik)
7.
MDAD Concourse E Curved Metal Panels
Miami-Dade County, Miami, FL
Seal, repair & apply waterproof coating and stucco through out Concourse E
Miami-Dade Aviation Department (Tom Hart)
8.
MIA 745B BC Infill WS 9.1
American Airlines! Miami-Dade County, Miami, FL
Airline terminal build-out & general finishes
Turner-Austin Airport Team (Fernando Urioste)
9.
MIA 737G CD Intill Shell Completion
American Airlines / Miami-Dade County, Miami, FL
Airline terminal shell work, concrete, masonry, doors & hardware
Turner-Austin Airport Team (Don Salinas)
Apr 2008
$2,300,000
Apr 2007
$1,100,000
Apr2007
$845,000
July 2006
$190,000
June 2006
$40,000
April 2006
$20,000
March 2006
$719,000
July 2005
$3,805,185
July 2005
$1,867,584
---.--
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I 10. MIA 771 A E Headhouse October 2004
American Airlines 1 Miami-Dade County, Miami, FL $659,000
Passenger loading bridge refurbishment & modifications to gates
I The Corgan Team (Rick Waters)
II. MIA Building 60, East & Center December 2004
Miami-Dade County, Miami, FL $970,000
I Demolition to rooftop structures, asbestos abatement, HV AC & elec
Miami-Dade Aviation Department (Tom Hart)
I 12. V A #3 Hospital Wards 9AB, IICD, & 12AB December 2004
Veterans Administration Medical Center, Miami, FL $120,000
Interior Remodeling
I Coltec Engineering (Lorenzo Fernandez)
13. VA #4 NCHU December 2004
Veterans Administration Medical Center, Miami, FL $75,000
I Interior Remodeling
Coltec Engineering (Lorenzo Fernandez)
I 14. MIA Concourse H December 2003
Delta Airlines / Miami-Dade County, Miami, FL $475,000
Office addition & build-out including concrete and masonry
I DDMfTGSV (Greg Tai)
15. MDT A Pedestrian Bridge Overpass November 2003
Miami-Dade County, Miami, FL $1,544,000
I Twin elevator towers supporting 128' steel pedestrian bridge.
Miami-Dade Transit Agency (Neville Hoo)
I 16. V A (Patient Air Quality) November 2003
Veterans Administration Medical Center, Miami, FL $59,430
Interior HV AC renovations
Coltec Engineering (Lorenzo Fernandez)
I 17. Ft. Lauderdale Police Department Gun Range November 2003
City of Ft. Lauderdale, FL $1,141,000
I Rooftop HV AC replacement, reproofing, louvers, HV AC & electrical
City of Fort Lauderdale (Alan Gavazzi)
18. Dade County Courthouse Flood Panels February 2003
I Miami-Dade County, Miami, FL $60,000
Installation of flood barrier system for basement ramps
Miami-Dade County GSA Department (Oscar Vera)
I 19. Marbella Park 1 Marbella Park West Gatehouses January 2003
Marbella Park Homeowners Association $325,000
I Gatehouse construction & access control system
CAP Engineering (Juan Villar)
20. MDT A Revenue Facilities January 2002
I Miami-Dade County $715,000
Renovation & addition to 5200 sq ft. 2 story office building
Miami-Dade Transit Agency (Neville Hoo)
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Indigo ServDce Corporatnon
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October 3, 2007
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To Whom It May Concern:
Re: Merkury Development, 7300 Biscayne Boulevard, Suite 204, Miami, FL 33'138
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Dear Sir or Madam:
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It is our pleasure to provide a reference for Merkury Development who has recently performed construction work for
Miami-Dade Aviation Authority in a project we designed and managed for Miami International Airport.
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Merkury Development is one of very few companies whom we would recommend without hesitation for virtually any
project they may wish to undertake. Indigo Service Corporation is an architectural, consulting and construction
management firm in business since 1974. Our clients include Miami-Dade Aviation Department, The City of Miami,
The City of Miami Beach, Miami-Dade County Park and Recreation Department and a multitude of private entities
and developers among others.
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Under the leadership and strong project management of Jorge Florez, Merkury Development has provided
exceptional value to Miami-Dade Aviation Department and superior construction performance in strict adherence to
the requirements of Construction Documents, the Florida Building Code and 29CFR 1926 OSHA Construction
Industry Regulations. Merkury Development has met deadlines, budgets and quality parameters on a continuous
basis.
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Mr, Florez is an exceedingly competent person with a remarkable capacity for organization; Mr. Florez hands-on
active project involvement combined with Merkury Development strong scheduling and logistics skills is testimony to
sound professional skills and project approach. This results in a thoroughness of performance that is exemplary.
Merkury Development performance in their Miami Intemational Airport projects has been rated "Excellent" in our
Contractor Evaluation Criteria which rates and ranks contractors in the following eight areas of performance:
1) General Compliance
2) Scheduling & Logistics
3) Communications
4) Strength of Supervision
5) Project 1 Site Safety & Security
6) Team Organization 1 Leadership
7) Quality Assurance
8) Contract Closeout
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Mr. Florez is of the highest moral character and professional integrity. It is with complate confidence and high
regard that we recommend Mr. Florez and Merkury Development as an excellent and dependable professional and
contractor.
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~~inCereIY' ,C~
~, ''-------
ardo J. Fernandez
President
.., :':e'd'"
RJ flc"
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Con5'tnlction
Company
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Austin i
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Turner
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Austin Commercial
Turner-Austin Airport Team
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Feoruary 2, 2006
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Reference:
North Terminal Development Program (NTD)
t'liami fnternational Airport
Subject:
r.lerkury Development
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To 'vI/ham ft May Concern:
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""erkury Development is a General Contractor that 'Norked under Turner-Austin in
two prOjects at the NTD starting in 2003 until our Construction Management Services
contrnct expired in the summer of 2005. Their responsibilities Included providing all
labor and materials to perform work alrside at Miami International Airport. Mercury
Development was contracted as a prime contractor to prOVide work under Division 9
in one of the projects. They perFormed as a completion contractor on a second
project to complete the scope of work of a defaulted contractor working under
Dhllsion 9.
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Merkury Development has proven to be a dependable general contractor committed
to stay within the agreed budget and has managed to complete their assigned tasks
according to the specified time. We find their management stile to be proactive and
they have the can do attitude we like to see In contractors that 'Nark for us.
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I recommend Merkury Development for your construction needs.
Sincerely,
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:::::::::~;;~-~:.:..z
.I,p-'" .;;:.~-
,,~t.J c/L-,..-
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Fernando Urioste
Project Director
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2600 Douglas Rd. Suite 511 Coral Gables, FL 33134
Phone: (305)446-3109 Fax: (305)446-3748
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Tumer
rrnriier CO(tSt'iac!iu:u
1399 S\\: 1::1 A~.:~nij~
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I.~:t~~~-:;.i~ FI. ~.31::$(1
PhOT.;:: 786-621..9~OC'
'F~x: 736-6.1.l-~j"!~':)
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.t-~t;l u~" L 2(1(16
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~[';) ')~~Oi!l It .r,'iay Cv;'.'::e;7i:
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Jvll":[kt;;;/ De-velopm.::;\;" '.V2.S a G::.n-eral Cor~!!'act~r on ? pr~i~c: n~"'J~ed uTcrmin~t J~.(: rr~flJi and Building
Shdl~ loc;a~ed :l.i Miarr:i rntero:!.tiomil :\i;-port dt.:ring 2005. Turner Cor;sU1lcti()O \VJS (!.,t: Constr.1ctio:::
Manog(:T for th~ p;-ojecl jn:ndy with An.stin C0mmerciaJ. Tr.e work perforcled by Mer~'tITY Deveio?ffient
consisted of airline temlinal buii.j QUt., including general S: consn'JCtltlTi relnt::d requirement:;, cold f()I~lled
metal frzming, Joini' filkGis{".;-.]er.;, c:.wlking, fire-st(:.ppi,lg, stl1ccO, gYP$~;) wnllboar.j .sys,ems nor.
paintirJg.
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Ruben l\le.n, "1~c;; Prc.sidenl t.:f :h~ Gv;!ipZ-7ty. \"'(lr~:cd cl~Jo.5eiy \"!/j,fh oLlf pro]cr;t staff. 1.Te ';:."i\~ \."~1)' tr\OQr
inlr:nsiv""C HtJO'Jg!lt)ll' t"~'t:ry p))::l->c of thi~ pfQject and cook eX~t:ndd mc.a:>ure5 la compJct~ his w(1fk,
';vcrlcing \\"~tkentl$ \)r 13r~ in the evening_ .Rub~fi ....1.Jt.n ;md his pG.rlnt'r) P~~! Ton~s, M~ d~:;hc:,Htd
indi~'i.di.;.?..!5 ,;....ho h:J.v~ ~:.:t~nsi;;~kno\yledge ill their field l)f c0T15tn~::tic<~. I fet:t t'iat Rllb-~71 is :~ higJ.~.
caliber emph~yee and Paul !s '/t:r)~ detail olien.t~d. I\1erku:y Dc~e1opmCi!i i:-: Zl 50iid comp3uy and ~h(.\t:dd
be CG7L~.jdCTcj t'lli"'" :al~/ typt of C{):'15tru~ion pr'Jjc(;i.
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Sincerely,
TTJRNi!;R CONSTRue nON
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~:...:.., . -:r ,J;..... .
~.h .1..... . 1:......;:.....~.._~..~__-
!:--;.-.""-"-~..- ,-,-"
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Susan R.,billSon
Pr:;:.Con5tr~ction Coordiuat,)r
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me CORGA.M TEAIJ
September 9, 2005
To Whom It May Concern:
I recently had the pleasure of working with Merkury Development, Ruben Alen and Paul
Tolles on a project at the North Terminal Development Program at Miami International
Airport. Merkury Development served as the General Contractor on a project that
demolished several passenger loading bridges, refurbished airport furnished passenger
loading bridge and included general finish work inside Concourse E-Satellite at Miami
International Airport.
Mr. Tolles and Mr. Alen demonstrated the kind of initiative necessary to be successful
over the long-term in the construction industry. They exhibited above average
construction management skills, a high level of professionalism, and remained focused
on the overall needs of the client.
Based on my personal experience working with Paul and Ruben, I would recommend
Merkury Development for consideration on future construction projects. If you have any
further questions regarding this matter, please do not hesitate to call me to contact me
at (305) 869-3354.
i-'RUGlt\_\1 \! ','J "C;Fn
.
f' (), BOX 'J'J-('(oI"
.
\1:.\:,11.: LORJIJ:\ .1.1291).((.111
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~ GBF Engineering, Inc.
till CIVIL ENGINEERING A NO CONSTRUCTION MANAGEMENT
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DELIVERED BY ELECTRONIC MAIL
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May 23, 2008
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SUBJECT:
Financial Project ID:
County:
Description:
Project Location:
406515-1-52-01
Broward
Intersection Safety Improvements
SR 7 (US 441) and Sheridan Street and along SR-7
at Johnson Street from Pierce Street to Hayes Street
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PRE-CONSTRUCTION MEETING
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Dear Sir or Madam:
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Please be advised that there will be a pre-construction meeting for the above listed project on
Tuesday, June 03, 2008 at 10:00am, at the FOOT District 4, Broward Operations Office
Conference Room, located at 5548 NW 9th Avenue, Ft. Lauderdale, FL 33309.
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The improvements under this contract consist of intersection safety improvements at SR-7 and
Sheridan Street, and along SR- 7 at Johnson Street, from Pierce Street to Hayes Street.
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During this meeting, be prepared to discuss any and all issues or concerns that you or your office
may have with respect to this project. !, my staff, and the project's contractor, will make every
attempt to expeditiously address issues and concerns brought up at this meeting as long as they
are within the original scope of work on this project as defined by the Contract documents and
plans. At a minimum, the goals of the project include delivering a safe and quality product, on
time, on budget, and with minimal impact to the traveling public, business owners, and residents
of the area. It is up to all stakeholders to work together to achieve these goals.
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It is expected that a representative from your office or agency attend this meeting and be prepared
to discuss project issues as they pertain to your organization. ! also expect that you, as the
recipient of this invitation, see to it that the appropriate personnel are at the meeting to represent
your interest.
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! look forward to seeing you or your representative on Tuesday, June 03,2008 at 10:00am. If
YOll need additional information to include project documents or ifyoll have any questions, please
contact me prior to the meeting.
Sincerely,
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~~
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Roderick Myrick, P.E.
Sr. Project Engineer
cc:
Project File
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5700 Pembroke Road, West Park, FL 33023
WVVW.GBFINC.NET
(954) 985-9179 OFFICE
(954) 985-9176 FAX
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EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the C\ day of 4A. (~II\. S~
CITY OF SUNNY ISLES BEACH (hereinafter called OWN R) arid
(hereinafter called CONTRACTOR).
in the year 20 0 ~by and between
Merkurv Development
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:
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Proiect Title and Description of Work
Sunny Isles Beach: City Hall Improvements
1. New storefront glass enclosure for existing east stair, 1 sl floor.
2. New concrete roof over existing Post office, 1 sl floor. 1 sl floor ceiling of the existing Garage
Building shall be cleaned, primed, and painted. Only the 1 sl floor ceiling is to be painted, which
means that all other ceilings will not be painted. Please refer to the Specifications Book for
painting materials and execution.
3. New vestibule entrance for existing Council Chambers, 1 sl floor.
4. New storefront glass in front of existing elevator doors, 2nd floor.
5. New floor drains installed into existing concrete slab, 3rd floor.
6. New galvanized steel canopy over exiting elevator doors, 3rd floor.
7. New entrance into existing building, connecting 3rd floor parking with 3rd floor offices, incl. steel
stair.
8. New entrance to existing Generator Room
Article 2. ARCHITECT
The Project has been designed by:
Cubellis
1800 Eller Drive, Suite 500
Fort Lauderdale, FL 33316
(954) 961-6806
who is hereinafter called ARCHITECT and who is to act as OWNER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ARCHITECT in the Contract Documents
in connection with completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIMES.
3.1. The work will be substantially completed within 270 calendar days after the date when the
Contract Times commence to run completed and ready for final payment in accordance with
paragraph 14.07 of the General Conditions within 300 calendar days after the date when the
Contract Times commence to run.
3.2. L1QUlDA TED DAMAGES. OWNER and CONTRACTOR recognize that time is of the essence
of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the
times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with
Article 12 of the General Conditions. They also recognize the delays, expense and difficulties
involved in proving the actual loss suffered by OWNER if the Work is not completed on time.
Final Version 00500-1
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Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as
liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One
Thousand Five Hundred and 00/100 dollars ($1500.00) for each day that expires after the time
specified in paragraph 3.1 for each Substantial Completion date until the Work is substantially
complete. If CONTRACTOR shall neglect, refuse or fail to complete the project by the project
completion date within the time specified in paragraph 3.1 for completion and readiness for final
payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER
One Thousand and 00/100 dollars ($1000.00) for each day that expires after the time specified in
paragraph 3.1 for completion and readiness for final payment.
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:
FOR A LUMP SUM CONTRACT OF:
TOTAL BASE BID (Lump sum, Unit prices, and contingency items)
Two Hundred Ninetv Four Thousand, Three Hundred Seventy Five Dollars
(use words) ($294,375.00)
figures
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classification are to be made by ENGINEER as provided in
paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.8 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
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CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ARCHITECT 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
ARCHITECT, on or about the ~ 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 ARCHITECT shall determine, or
OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions.
.Jill.... % of Work completed (with the balance being retainage). If Work has been
50% completed as determined by ARCHITECT, and if the character and progress
of the Work have been satisfactory to OWNER and ARCHITECT, OWNER, on
recommendation of ARCHITECT, 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.
Final Version
00500-2
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.J!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
FOOT Standard Specifications for Road and Bridge Construction.
5.1.2. When circumstances beyond the CONTRACTORS control arise (as determined by
the OWNER) the OWNER may allow the total payment to the CONTRACTOR to increase
to 98% of the contract price (with the balance being retainage), less such amounts as
ARCHITECT shall determine, only after receipt of the final as-builts and upon substantial
completion of the project and in accordance with Paragraph 14.02 of the General
Conditions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price
as recommended by ARCHITECT as provided in said paragraph 14.07.
Article 6. INTEREST. (Not Applicable)
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the
Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents
including "technical data."
7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general,
local and site conditions that may affect cost, progress, performance or furnishing of the Work.
7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
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7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground
Facilities) which have been identified in the Supplementary Conditions as provided in paragraph
4.2.1. of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph
SC-4.2 of the Supplementary Conditions of the extend of the "technical data" contained in such
reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of
the General Conditions. CONTRACTOR acknowledges that such reports and drawings are not
Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that OWNER and ARCHITECT 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.
Final Version
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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 ARCHITECT written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents and the written
resolution thereof by ARCHITECT is acceptable to CONTRACTOR, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8.1. This Agreement (pages 1 to.1Q.. inclusive).
8.2. Exhibits to this Agreement (page) A- 3 inclusive).
8.3. Performance, Payment, and other Bonds, identified as exhibits 00600 and 00601 and
consisting of ~ pages.
8.4. Notice to Proceed.
8.5. General Conditions (pages 00700-1 to 00700-43, inclusive).
8.6. Supplementary Conditions (pages 00800-1 to 00800-15. inclusive) and any amendments
thereto.
8.7. Specifications bearing the title Specifications
and consisting of 16 divisions.
8.8. Drawings consisting of a cover sheet and sheets numbered as specified in the Drawing
Index INX-1.
8.9. Addenda No. 1 inclusive.
8.10. CONTRACTOR's Bid.
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages NIA to NIA
inclusive).
8.12. The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto: All Written Amendments and other documents amending,
modifying or supplementing the Contract Documents pursuant to paragraph 3.04 of the
General Conditions.
8.13 Amendments and Additions to the Standard General Conditions of the Construction
Contract and the Supplementary Conditions, identified as exhibits N/A and N/A and
consisting of ~ 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 13. The Contract
Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the
General Conditions.
Final Version
00500-4
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Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will
have the meanings indicated in the General Conditions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party thereto without the written consent of the
party sought to be bound; and, specifically but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent (except
to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment no assignment
will release or discharge the assignor from any duty or responsibility under the Contract
Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.4. Any provisions or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provisions or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
9.5. OTHER PROVISIONS.
9.5.1. DRAWINGS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
G101
A001
A101
A102
A103
A104
A701
S-O
S-1
S-2
S-3
E101
E201
P101
P201
F101
F201
TITLE SHEET
KEY PLANS & CODE COMPLIANCE
FIRST FLOOR NEW CANOPY ROOF PLAN & DETAILS
THIRD FLOOR NEW ENTRANCE PLAN & ELEVATIONS
EAST STAIR ENCLOSURE, GENERATOR ROOM DOORS
CHAMBER NEW ENTRANCE & PARKING NEW WINDOW
GENERAL NOTES
STRUCTURAL NOTES & DETAILS
STRUCTURAL PLANS
STRUCTURAL SECTIONS
SCHEDULES
ELECTRICAL FLOOR PLANS
ELECTRICAL NOTES, RISERS, & DETAILS
PLUMBING PLAN
PLUMBING LEGEND, NOTES, & NOTES
FLOOR PLANS
FIRE SPRINKLER DETAILS, LEGEND, & NOTES
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
their agents and employees, from or on account of any injuries or damages received or sustained
by any person or person during or on account of any operations connected with the construction of
all Work; or by or in consequence of any negligence in connection with the same; or by use of any
improper materials or by or on account of any act or omission of the said Contractor, subcontractor,
agents, servants, or employees; and
Final Version
00500-5
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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 their
agents and employees, by making them an additional insured, and shall not be modified or
canceled without thirty (30) days written notice to the CITY OF SUNNY ISLES BEACH.
9.5.4 Should the final completion and acceptance of the work herein embraced together with
any modification or additions be delayed beyond the time herein set because of lace of performance
by the Contract, it is understood and agreed that aside from any other liquidated damage per day for
such delay from such time until the work is completed and accepted as herein provided, all costs of
engineering and inspection on behalf of the Owner will be charged to the contractor and deducted
from any estimate or payment otherwise due and payable to him from time to time. The costs of
engineering and inspection which may be charged to the Contractor by the Owner under this article
shall be equal to the Engineer's charges to the Owner.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in Five (5) parts.
One counterpart each has been delivered to OWNER, CONTRACTOR and ARCHITECT. All portions of
the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or
identified by ARCHITECT on their behalf.
This Agreement will be effective on
ATTEST:~./ ~ ----
, 2008 (which is the Effective Date of the Agreement).
\(V'.h/\{,"'JA ~~\o~ t_
\ G .
\
By ~CA-\, ~. ~\\-eS
[CORPORATE SEAL]
[CORPORATE SEAL]
~~;~or:::~O:i~~~ \J ~
~ Lo-\
""^ '-.fA-I'\. ~ -c \ ~) ,3"D
, \
"9r--e S,~-e ;( \
\
License No. C~ C. ~ b O~.<1.0
Agent for service of process
(If CONTRACTOR is a corporation, attached
evidence of authority to sign).
Final Version
00500-6
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SIGNATURE PAGE FOR CONTRACTS/AGREEMENTS
CITY EXECUTIONS
IN WITNESS WHEREOF, the parties hereto have made and executed this (Agreement
or Contract) on the respective dates under each signature: City of Sunny Isles Beach through its
City Commission, signing by and through its Mayor, authorized to execute same by Commission
action on the \9~ day of -:r""^-L- , 2008; and CONTRACTOR authorized to execute
same.
CITY OF SUNNY ISLES BEACH, through its
City Commission
d,~L
Jane Hines, City Clerk
By(j\q!:r~~
t. John sterl::t. City Manager
\q~ day~ vn.<.- 2008
1/ '
,2008
ATTEST:
(CITY SEAL)
Final Version
00500-7
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CERTIFICATE AS TO CORPORATE PRINCIPAL
that ""'-
'\
Dade County Florida for
is AyA~' A-1 ~ t
\
behalf of the Corporation.
, certify that I am the ~ S \ A -<-"- -t- of
M-V\.i- and
, who signed the Bid vyith City of Sunny Isles,
(l1~T
, City Bid No.O <;3-0S-D-z..
of said Corporation with full authority to sign said Bid on
Signed and sealed this ~ day of )' ^' \ ~
,2008.
(SEAL)
~ ~
~
Signature
Typed w/Title
STATE OF FLORIDA
COUNTY OF DADE
SWORN TO AND SUBSCRIBED before me this '!:4.- day of Jj.1' I
,2008.
.... -... ~
My Commission Expires:
Final Version
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CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL
, certify that I am the ~r-t S\vl-v'\. t--
~ 0 -e, V'\
Wh~~i.\~ the ~ \ C\ ~~ ~~:tr County Florida for the project titl~ 1\
~ 'Z-\\~R
, Consultant Project No. Cf\'Db l- and
that the following persons have the authority to sign payment requests on behalf of the
Corporation:
I,
of
----\o"'-.A
\>..~ \ 4. \.\\~e,. . Qrfs,L,,J
(Typed Name w/Title)
Cv-o G\ "",,,, \ e :?,ro\ .J- ~"" '''-l ./
0yped Nam w/T-hle)' J
~ Q \\-
(TypeEj Name w/Title) ,
cW
Signed and sealed this _ day of
,2008.
(SEAL)
-z::-v-- ~
-Signature
~O\~ \ A. -\c\\-LS .
Typed w/Title
~ <)\~ .(~ +-
~
STATE OF FLORIDA
COUNTY OF DADE
SWORN TO AND SUBSCRIBED before me this II day of '- J u l/
,2008.
My Commission Expires:
pPO
Final Version
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Exhibit A
City Hall Improvements
UNIT PRICE BID SCHEDULE
Item Estimated Estimated
No. Description Quantity Unit Unit Price Amount
1 New storefront glass enclosure for existing east
stair, 151 floor. 1 LS $81,800.00 81,800.00
New concrete roof over existing Post office, 151
2 floor. 151 floor ceiling of the existing Garage
Building shall be cleaned, primed, and painted.
Only the 151 floor ceiling is to be painted, which
means that all other ceilings will not be painted.
Please refer to the Specifications Book for
painting materials and execution. 1 LS $130,875.00 $130,875.00
New vestibule entrance for existing Council
3 Chambers, 151 floor. 1 LS $12,000.00 $12,000.00
New storefront glass in front of existing elevator
4 doors, 2nd floor. 1 LS $5,200.00 $5,200.00
New floor drains installed into existing concrete
5 slab, 3rd floor. 1 LS $8,300.00 $8,300.00
New galvanized steel canopy over exiting
6 elevator doors, 3rd floor. 1 LS $15,000.00 $15,000.00
New entrance into existing building, connecting
7 3rd floor parking with 3rd floor offices, incl. steel
stair 1 LS $35,000.00 $35,000.00
8 New entrance to existing Generator Room 1 LS $6,200.00 $6,200.00
GRAND TOTAL (Items 1-8)
$294,375.00
o ~",~A
~~-~
(Authorized Signature)
O!I,j.)
----,
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This is the front page of the performance/payment bond issued in compliance with Florida
Statute Chapter 255.05
Surety Name:
BERKLEY REGIONAL INSURANCE COMPANY
475 STEAMBOAT RD
GREENWICH, CT, 06830
203-629-3000
Bond Number:
0105821
Contractor Name:
MERKURY DEVELOPMENT
7300 BISCA YNE BLVD., STE. 204
MIAMI, FL, 33138
786-236-9293
Owner Name:
CITY OF SUNNY ISLES BEACH
18070 COLLINS AVENUE, SUITE 250
SUNNY ISLES BEACH, FL 33160
Project Number:
N/A
Project Description:
CITY HALL IMPROVEMENTS
Project Address:
SUNNY ISLES BEACH, FL
Legal Description of Property:
CITY HALL IMPROVEMENTS
This is the front page of the bond. All other pages are subsequent regardless of the
pre-printed numbers.
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,-'
Construction Payment Bond
Bond No. 0105821
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where app~lcable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of BusinJsS):
Merkury Development Berkley Regional Insurance Company
7300 Biscayne Blvd., Ste. 204 4211 W. Boy Scout Blvd., Ste. 150
Miami, FL 33138 Tampa, FL 33607
OWNER (Nama and Addrass):
CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
CONSTRUCTION CONTRACT
Date:
Arnount:$294,375.00 (Two Hundred Ninety Four Thousand Three Hundred Seventy Fiv and XX/100
Description (Name and Location): Dollars
City Hall Improvements
. 1. New storefront glass enGIQsure for existing east stair, 1 ~l floor.
2. New concrete roof over existing Post office, 1'1 floor. 19t floor ceiling of the existing Garage Building sh II be
cleaned, primed. and painted. Only the 1M floor ceiling Is to be painted. which means that all ulher ceili 95 will
not be painted. Please refer to the SpeCifications Book for painting materials and execution.
3. New VGstibul1il entrance for Qxistino Council Chambers. ,"t floor.
4. New storefront glass in front of existing elevator doors, 2nd floor.
5. New floor drains installed into existing concrete slab, 3id floor.
6. New g~lvani.zed steel canopy over exiting elevator doors. 3rd floor.
7. New entrance into existing building, connecting 3rd floor parking with 3rd floor offices.
8. New entrance to existing Generator Room.
BOND
Date (Not earlier than Construction Contract Date):
Amount:$294,375.00 (Two Hundred Ninety Four Thousand Two Hundred Seventy Five nd XX/100
Modifications to this Bond Form: Dollars
THIS BOND HEREBY AMENDED SO THAT THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA
STATUTE, IS APPLICABLE, AND ALL NOTICES AND TIME LIMITATIONS PROVIDED HEREIN E INCORPORATE
CONTRACTOR AS PRINCIPAL
Company
Merkur~~nt
Signature' ~
Name and ~
(Corp. Seal)
SURETY
Company
Berkley
Signature:
Name and T tl : Mic hae 1 Bone t
Attorney-In Fact & Florida
. Seal)
y
=
Signature:
Name and Title:
N/A
SURETY
(Corp, Seal) Company
Signature: N / A
Name and Title:- - .
. Seal)
CONTRACTOR AS PRINCIPAL
Company
04/08 Final Version 00600-1
EJCDC No, 191O.2SB (1984 Edition)
Prepared throUgh the jOint e1'rOrn of tile: Surely ASIiO<;j..tlon of Am~o". Engin=r3' Joint Contract DocumEmt~ Cnmmittpp, Thl> ^"-<:oc;:itecl
. . . _. ... .'.__.._ ,. . ~. .' " ...J...l._ "'____:....,t".. . ,.
I
II. Tht: CU'lulIt.'tor. and the Surety, jOintly and :s.....l'rally. bind
themselves. their heirs, executors. administrators. successors and
assigns to the OWner for the performance 'of the Construction contract,
which If: lncomoratad herein by refuorenCe.
I 2. With respect to the Owner. this obligation shall be null and void If the
Contractor:
2.1. Promptly makes payment, dlractly or indirectly, for all sums due
Claimants, and
2.2. Defends, indemnifies and holds harmless the Owner from all
claims, demands. llens or suits by any person or entity who
fUtni!lhed 12bot. m;ltgriall: or equipment for use In the
performance of the Construction Contract, provided the Owner
has promptly notifiad the Contractor and tne Surety (at the
address described In Paragraph 12) of any claims, demands,
liens or suits and tendered defense ot sucn claims, demand..,
rlens or suits to ll1e Contractor and the Surety, and provided
them is no Owner Default
3. with tGllpoct to CI=lirnQnw. U11~ obllg;ltion ~h:all be null :>nrl void if the
Contractor promptly makes payment. directly or indirectly. for all sums
I due.
4. The Surely shall have no obligation to Claimants under this Bond
until:
4.1.
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Claimants who are employed by or have a direct contract with
the Contmctor have given notIce to ths Surety (at the address
dcoortbcd In Paragr"ph 12) ~nd Bont 41 copy, or notf~ Ih",""nf,
to tha Owner, ~tating that a claim is being made under this
Bond and, with liubstantial accuracy, thl! amount of the claim.
4.2. Claimants who do not have a direct contract with the
Contractor.
1. Havs fumished written notice to the Contractor and sent a
copy, or no\k;e thereof. to the OWner. within 90 days after
having labt performed lelbor or 1I:'\3t fumlohod m:JtBri31~ or
equipment included in the. claim stating, with substantial
accuracy. the amount of the claim and the nama of the
l1artv to whom thll'm-aterials''Nerl! fumished-'Or supplied or
for whom the labor was done or performed: and
2. Have either received a rejection in whole or In p:ut from
the Contractor. or not received wlthin 30 days of fumlshing
the abov.. notice any c:ommur'tication from the Contmdot
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 notlcs 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 unc:ktr this Bond
ancl endalj!ng .. t:opy or the previous written notloo
fumished to the Contractor.
I 5. If a notice required by Paragraph 4 Is given by the Owner to the
Contr2ctDr or to fh'll Sllmty. th$lt 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 ths following
actlorls:
6.1.
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Sand an answer to me claiman!, Wit" a copy to the OWntlr,
within 45 days after receipt of the claim. statJng the amounts
that are undisputed and the basis for challenging any amounts
th:lt 31'9 digputod.
6.2. Payor arrange for payment of any urldlsputed amounts.
I 7. The Suraty'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 ttl8 Surety. '
8. Amounts owned by the Owner to ths Contractor under the
I Construction Contract shall be used 'for the performance of the
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Cono"'''''," C'"t"'~ 0'" " .otlo~ """'0, , 0"'" J" "".
ConstructIOn Performancs Bond. By the Contractor fumlShing~and the
Owner accepting this Bond, they agree that all funds earne by the
Contractor in the performance of the Construction Contract are d dicated
to satisfy Obligations of ltle Contractor anO tne :surety under ltl s Bono,
subject to tile Owner's priOrity to use the funds for the completi n of thll
work.
Q. Th.. Surety ~hall not be liable to th~ Own~r. Cl:1lm:mt!< or" IcOn< for
obligations of the Contractor that are unmlatBd to the Con truction
Contract. The OWner shall not be liable for payment of any sts or
expenses of any Claimant under th~ Sond, and shall have u der this
Bond no obligations to make payments to, give notices on beh If Of, or
otherwise have obligations to Claimants under th~ Bond.
10. The SUllIly hereby waives notice of any change, includIng hanges
of time, to the Conlltruction Contract or to relate 3ubcontmot::, urchao9
orden:; and other obligatJons.
11. No suit or action shall be commenced by a Claimant urlder is Bond
other ll1an in a court of competent iurisdiction in the location In ich the
work or part of the work Is located or after the expiration of one ear from
the date (1) on which the Claimant gav~ the notice req Ired by
Subparagraph 4.1 or Clause 4.2 (in). or (2) on whlcl1 the las labor or
servi= was performed by anyon.. or tho last material$ or "quip cnt were
furnished by anyone under the construction Contract. whlchev of (1) or
(2) first occurs. If the provisions of thfs Paragraph are void or rohibited
by law. the minimum pertod of limitation available to suret es as a
dBfensEl in the Jurisdiction of the suit shan be acceptable.
12. Notice to the Surety, the Owner or the Contractor shall be
delivered to the addmss shown on the signature page. Actual
notlca by Surety, the Own", or the Contral;tor, however '/ICc;o
shall be ~ufficlent compliance as of the date received at th
stlown on the signature page.
13. When thi~ Bond ha<; ""'",n fllmi!<h~ 10 comoly with a st
other legal raquirement in the location where the construction
perfonned, any provision in thIs Bond conflictJng with said st utory or
legBI requlremel1t" s~1I t)e daem~ d~lrrted' Ifllr~fr6M':1rnf fQITJ~~~
con1onntng to sucn statutory or ather legql ruquirement shall b deemed
incorporated herein. The intent is. that this Bond shall be cons ad as a
statutory bond and not as a common law bond.
14. Upon mque!lt by any pOJr"",n or E!ntlty appearina to be
benefICIary of this Bond, the Contractor shall promptly fumish
tllis Bond or shall permit a copy to be made.
15. DEFINITIONS
15.1. ClaImant An individual or entity navlng a lllract co tract with
the Contractor or with a subcontractor of the Co ractor to
furnish labor. materials or equipment for use in the
pcrformoMCe of th9 Contrgct. The intent "f thi~ Rnntl !<h$lll be
to include without limitation in the terms "labor. materials or
equlpmant" that part of watsr. gas, p0W8r, nght, Iheat. oil,
gasoline. ,telephone service or rental equipment u~ in the
Construction Contract. architectural ana engineering servfces
required for performance of the work of the Contract )r and the
Contractor's stJbcontracto~, and all other items fo which a
m~anl"':s lien m~y be B":lcrtcd in thCl juriadietion IIIh"rv the
labor. materials or equipment W!!m furnished.
15.2..Conslruction Contract: The agreement between t e Owner
and the Contractor identltled on the signature page includIng
all Contract Documents and changes thereto.
15.3.Owner Default: Fa~ure of the' OWner. which has ne ther been
remedied nor waived. 10 pay the Contractor as requf 00 by the
Com.truclion Contmet or to porform and completg r comply
with the othsr terms thereof.
I (FOR INFORMATION ONLY-Name, Address and Telephone) I
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or othe~ party):
Brown & Brown of Florida,Inc.
I 8000 Governors Sq. Blvd., SteM 400
MiamiLakes, FL 33016
I 04/08 Final Version
EICDC No. 191D-28B (1984 EditIOn)
I Prepared through the joint efforts of the Surety Association of America, Engim:ers' Joint Contract Documents Committee, The Associated
G6Ileral Contractors of America, American Institute of Architects, American Subcontractors Association. and the ASsociated Specialty
ConmcWrs. '
00600-2
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No. 344b
POWER OF ATTORNEY
BERKLEY REGIONAL INSURANCE COMPANY
WILMINGTON, DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
.
KNOW, ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a
corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa,
has made, constituted and appointed, and does by these presents make, constitute and appoint: Alltollio Arias, Michael BOllet or
Michael A. Holmes of Browll & Browll, Illc. of Miami Lakes, Florida
its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and
deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation
shall exceed Fifteen Million and 00/100 Dollars ($15,000,000.00), to the same extent as if such bonds had been duly executed
and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21,2000:
"RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and
qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on
behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and
further
RESOL VED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or
other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner
and to the extent therein stated; and further
RESOL VED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and
further
RESOL VED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power
of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other
suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though
manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or
persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be
such at the time when such instruments shall be issued."
IN WITNESS WHEREOF, the Company has ca~~ed these presents to be signed and attested by its appropriate officers and its
corporate seal hereunto affixed this Jl day of {tuVLA-..,h ,2008.
Attest:
(Seal)
~;j!-----
Ira S. Lederman
Senior Vice President & Secretary
Robert P. Cole
Senior Vice President
By
By
WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY !'APER.
STATE OF CONNECTICUT)
) ss:
COUNTY OF FAIRFIELD )
Sworn to before me, a Notary Public in the State of Connecticut, this ~ 1 day of tt\...cv'.--d I ,2008, by Robert P. Cole and Ira S, Lederman
who arc sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance
Company.
EILEEN KILLEEN
NOTARY PUBLIC
MY COMMISSION EXPIRES JUNE 30, 2012
E~ ..
':L-C_~~_41....- /-(~..L.-L_L<:....~/
Notary Public, State of Connecticut
CERTIFICA TE
I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a
true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the
authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full
force and effect as of this date.
Given under my hand and seal of the Company, this _ day of
(Seal)
~+
John F. eers
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Construction Performance Bond
Bone No. 0105821
Any singular reference to Contractor, Surety, OWner or other party shall be considered plural where a ,plicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of BuSihess):
Merkury Development Berkley Regional Insurance Company
7300 Biscayne Blvd., Ste. 204 4211 W. Boy Scout Blvd., Ste. 150
Miami, FL 33138 Tampa, FL 33607
. OWNER (Name and Address):
CITY OF SUNNY ISLES BEACH
18070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
CONSTRUCTION CONTRACT
Date:
AJnount:$294,375.00(Two Hundred Ninety Four Thousand Three Hundred Seventy Fiv
Description (Name and Location):
and XXj100
Dollars
City Hall Improvements
1. New storefront glass enclosure for existing east stair, 1 at floor.
2. New concrete roof over existing Post office, 1 sf floor. 1 III floor ceiling of the existing Garage Building s all be
Cleaned. primed. and painted. Only the 1 sf floor ceiling is to be painted. which means that all other ceO lngs will
not be painted. Please refer to the Speoifications Book for painting materials and execution.
3. New vestibule entrance tor existing Council Chambers, 1 sf tloor.
4. New storefront glass in front of existing elevator doors. 2~d floor.
. 5. New floor drains installed into existing concrete slab, 3rd floor.
6. New galvanized steel canopy over exiting elevator doors, 3'd floor.
7. New entrance into existing building, connecting 3m floor parking with 3m floor offices.
8. New entrance to existing Gener.ator Room.
BOND
Date (Not earlier than Construction Contract Date):
Amount $294,375.00(Two Hundred Ninety Four
Modifications to this Bond Form:
Thousand Three Hundred Seventy Fiv
and XX/100
Dollars
None
CONTRACTOR AS PRINCIPAL
Company (Corp. Seal)
MerRury Develo~ ~
Signatu~~ ~
Name and Title:
SURETY
Company
Berkley Re
Signature:
Name and I
(corp. Seal)
e ~{1YI
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Michael Bonet
Attorney-In Fact & Florida Resid nt Agent
CONTRACTOR AS PRINCIPAL
Company
SURETY
(Corp. Seal) Company
(C rp. Seal)
N/A
N/A
Signature:
Name and Title:
04/08 Final Version
EJelJe No. 1911h28A (19M ELliliuu) .
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
Cono=rors.
Signature:__, ._
Name and Title:
00601-1
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1. The Contractor aM the Surety, jointly and severally, Olnd
themselves, their heins, executors, adminiStrators, successors and
assigns to the Owner for thl! perfonnanca of the Construction Contract,
which 19 incorporated her..in by rgfer..n..o.
2. If the Contractor performs the Construction Contract, the Surety and
the Contractor shall have no obligation under this Bond, except 10
particlpate In conferences as provided in Subparagraph 3.1.
J. It lI1ere is no Owner uetault, the Surety's obligation under this Bona
shall arise after:
3.1. The Owner has notifled the Contractor and the Surety at its
:lddrn.." d~(:/'Ibcd in I"aragraph 10 below, that the Ownar 10
considering declaring a Contractor Default and has
requested and attemptBd to arrangl! a conference with the
Contractor and the, SUJ'8ty to bf:! Held not later than fifteen
days afbsr 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
elllowed B reasonabl" timo to p"rform the Con3truollon
Contract, but such an agreement shall not waive the
Owner's right. if any, subsequently to declare a Contractor
Default: and
3.2. The Owner has declared a Contractor Default and formally
terminated the Contractor's righllo complete the contract.
Such Contractor Default shall not be declared earlier than
twenty days after the Contr.Jctor and the surety hlfVe
received notice as provided In Subparagraph 3.1: and
3.3. The Owner has agreed to pay the Balance of the Contract
Price to the Surety in accordanC8 with the terms of the
Construction Contract or to a contractor selected to perform
the Construction Contract In accordance with tlla terms of
the contract with the OWner.
4. When thlt Owner hill" :!Ia~fied the condition:l of ~aragrllph 3. the
Surety shall promptly and at the Suraty's expense take ona of the
following actions:
4.1. Arl'lmCle fOr t1U! contractor. with consent of the Owner. to
perform and complete the ConstructIon Contract: or
4.2. Undertake to perform and complete the Construction
Contract itself, through Its agents or through Independent
contml;tQl'5; or
4.3. Obtain bids or negotlated proposals from qualified
contractors acceptable to the Owner for a contract for
p~rformgn~ and r::cmpl~tion of ltll" Com;;tnlction Contnlct.
arrange for a contract to be prepared for execution by the
OWner and the contractor selBcted with the Owner's
conCUm'lnce. to be secured with performance and payment
Donds execuf8<l Dy a quallftea surety eqUlvall!nt to tne Donas
issued on the Construction Contract. and pay to the Owner
the amount of damages as described in Paragraph 5 in
aXCB!il5 of the Balance of the Contract Prio? incurred by the
Owner rasulting from the Contractor's default: or
4.4. Waive Its rlght to perform and complete, arrange for
completIon, or obtaIn a new contractor and with reasonable
promptness under the circumstances:
1. After investigation, detennine the amount for which it
may be liable to the Owner and, as soon as practfcable
QftQr lhQ Qmount h: dQtorm/nQd, tQlldQr PQymQnt
therefor to the Owner: or
2. Deny liability in whole or in part and notify the OWner
citing reasons therefor.
5. If the Suraty does not proceed as provided in Paragraph 4 with
reasonable promptne99, the Surety shall be deemed to be In default on
thIs 80nd fifteen days after receipt of an additional written notice from the
Owner to the Surety demanding thet the Suroly porlorm 11$ obllgatlono
under this Bond, and the Owner shall be entftfed to enforce any remedy
available to the Owner. If the Surety proceeds as provided in
SubparaQraph 4.4, and tile Owner refusee the payment tendered or the
Surety has denied liability, In whole or in part, without further notice the
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Own~ .,.11 be ~ttl,,,.,. ....... ,"y """,.y ,,,,"'... w ..J Ow.e..
6. After the Ownar has terminated the Contractor's right10 complete
the Construction Contract, and If the Surety elects to act under
$:'lhfl"r:>gr.>ph 4.1, 4. 7, or 4.3 abov'? the" th~ "",-,pon"jh itip_", nf Ih..
Surety to the Owner shall not be greater than those of th Contractor
under the Construction Contract, and the responsibilities of ~e Owner to
the Surety shall not be graater than those of the Owne under the
Construction Contract TO the limit of me amount of Ih Bond, but
subject to commitment by the Owner of the Balance of the Contract Price
to mitigation of costs and damages on the Construction dantract, ths
Suroty I~ obllg:lt~ without dupllc:rtlon for: t
5.1, The responslbfllties of thl!! Contractor for c rrection of
defective work and completion of the Constructio Contract:
6.2.. Additional legal, design professional and elay costs
reSUlting from the Contractor's DefaUlt. and reSulting from
the actions or failure to act of the Surety under !aragrapl1 4:
and
6.3. Llqvid"lod d:>mog"", or if no liquldoted cl mog<:a on::
specified In the Construction Contract, actu I damages
caused by delayed performance or non-perfor ance of the
Contractor.
7. The Suraty shall not be liable to the OWner or others obligations
of the Contractor that am unrelated to the Construction Cont act, and the
Balance of the Contract Prfce shall not be reduced or set on account
of any such unrelated obligations. No right of aetiOl'l shall a ern" on thl:!.
Bond to any person or entity other than the OWner or Its hei ,eXBcutors.
administrators, or successors.
8. The Surety hereby waives notice of any change, Inclu n9 changes
of time. to the Construction Contract or to related subcantra , purchase
ordl!ll'S and other obligations. ~
9. Any proceeding, legal or equitable, under. this Bo d may be
Instituted In any court of c:ompetont Jurl"dI~IOIl In the loumion in which the
work or part of the work is located and shall be institutecl Wll in two yea""
after Contractor Default or within two years after the Conti: ctor ceased
wi:i1Kii'fgor Within lWei 'yea18 aflertlltfSLifetY tEifillfes6fffiJls. -perfOrm' Its
obllgatlons under this Bond, whichever occurs first. If the rovlslons of
limitation availabls to sureties as a defense in the jurisdicti n of the suit
shall be applicable.
10. Nuti"", lu 11ll::'3urely. the Owner ur the CUfllt3t.iur :shall e lllaile\J or
delivered to the address sl10wn on the signatUfl:l p<Jge.
11. When this Bond has been furnished to comply with a statutDIY or
olhttr 1"'0'il1 ~quinmJ"'nt in thto! 1r'll"~tiM whp.rp. th~ r".tln~tl1lr.ti n Wla!:l 10 bp.
performed, any provision in this Bond conflicting with said statutDIY or
legal requirament shall be deemed deleted hefl:lfmm a provisions
conforming to such statutory or other legal requirement shal be deemed
mcorporat80 narem. rne intent is that this Bond shall be construed as a
statutory bond and not as a common law bond. 1
12. Definitions.
12.1. Balance of the Contract Price: The. total amou p<lyabl~ by
the Owner to the Contractor under the Construe/ion Contract
after aU proper adjustments have been made, including
allowanca to the Contractor of any amounts rdceived or to
be received by the Owner in settlement Of Insurance or other
claims for damages to which the Contractotis entitled,
reduced by all valid and proper payments m e to or on
bQhQIf of thQ COlltl';letor undQr thQ Con;trut:tloll ontrod.
12.2. Construction Contract: The agreement betweeh the Owner
and the Contractor identified on the sign lura page,
including all Contract Documents and ohanges'~ tereta.
12.3. Contractor Default Failure of the Conlracto which has
neither been remedied nor waived, to perform Dr otherwise
to comply with the terms of the Construction COI met.
1<:,4, Owner Defllvlt Fal/ul'O of t"~ Owner, which hS3 neither
been remedied nor waived, to pay the Contracto as fIlquired
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 ott er party):
Brown & Brown of Florida, Inc.
8000 Governors Sq. Blvd., Ste. 400
Miami Lakes, FL 33016
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04/08 Final Version. 00601-2
EJCDC No, 191O-28A (1Y84 EdlUOn) .
Prepared'mrough the jomt effortS of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated
General Contractors of America, American lnstitute of Architetts, American Subcontractors A8sociation, and the ASSOCiated Specialty
Comractors. .
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DOCUMENT 00650
ACKNOWLEDGEMENT OF CONFORMANCE
WITH O.S.H.A. STANDARDS
TO THE CITY OF SUNNY ISLES BEACH
We . .I'-V 0 ~ t acknowledge and a ree that as contractors
for the construction of te" ~ J, that we have the
sole responsibility for compliance w h al requirements of the Federal Occupational Safety and
Health Act of 1970, and all State and Local Safety and Health regulations, and agree to
indemnify and hold harmless the City of Sunny Isles Beach, and Calvin, Giordano & Associates,
Inc., Consulting Engineers ~ain t any and all egalliability, r ss the District or the Engineer
may incur due to \~.I ~ failure to comply with
such act.
,,,^!AL..-r~ .~~\o~t
\ C. TRACTOR
L/ ATTEST
~d!
END OF DOCUMENT
04/08 Final Version
00650-1
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This document has important 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
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
------
ACEC
fj National Society of
Professional Engineers
Professional Engineers in Private Practice
J1SC1r American Society
~ It; of Civil Engineers
AMF.R1CAN COUNCTI. Of E.-':GINF.r:IUNG COMPANIES
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN COUNCIL OF ENGINEERING COMPANIES
AMERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
~
The Associated General Contractors of America
~ Knowleogelor Creating
...,... and Sustaining
the Bulll Environment
Construction Specifications Institute
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright@2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 0
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Copyright @2002
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Council of Engineering Companies
1015 15th Street, N.W., Washington, DC 20005
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner
and Contractor Nos. C-520 or C-525 (2002 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 Construction
Documents, General and Instructions (No. C-001) (2002 Edition). For guidance in the preparation of
Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions (No. C-800) (2002
Edition).
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright I{:) 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - I
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TABLE OF CONTENTS
Page
ARTICLE 1 - DEFINITIONS AND TERMINOLOGy................................................................................................... 6
1.01 Defined Terms....... .... ....... ........................... ........ ............ ........................... ........ ................... ............. ......6
1. 02 Terminology.................................................................................................................. ........................... 8
ARTICLE 2 - PRELIMINARY MATTERS ...................................................................................................................9
2.01 Delivery of Bonds and Evidence of Insurance .........................................................................................9
2.02 Copies of Documents........................................................... .................................................................... 9
2.03 Commencement of Contract Times; Notice to Proceed ..........................................................................9
2.04 Starting the Work. .................. .................. ...... ................................ ......... ................. .......... .......... ...... ...... 9
2.05 Before Starting Construction.................................................................................................................. .. 9
2.06 Preconstruction Conference .... ................ ...... ................. ............ ..... ........ ..................... .... .... .......... .........9
2.07 Initial Acceptance of Schedules ............................................................................................................... 9
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ............................................................ 10
3.01 Intent..................................................................................... ................................................................. 10
3.02 Reference Standards.. ............................. ........ ................... .............. ........... ...... ............... ..................... 10
3.03 Reporting and Resolving Discrepancies................................................................................................ 10
3.04 Amending and Supplementing Contract Documents............................................................................. 11
3.05 Reuse of Documents .............................................................................................................................11
3.06 Electronic Data................................................................................................................................... .... 11
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS; REFERENCE POINTS....................................................................................11
4.01 Availability of Lands ...............................................................................................................................11
4.02 Subsurface and Physical Conditions .....................................................................................................12
4.03 Differing Subsurface or Physical Conditions..........................................................................................12
4.04 Underground Facilities.... ..... ................ .... ........................... ............................ ........... .......... .... ... ........... 13
4.05 Reference Points............................................................................................................................... ..... 13
4.06 Hazardous Environmental Condition at Site..........................................................................................13
ARTICLE 5 - BONDS AND INSURANCE................................................................................................................14
5.01 Performance, Payment, and Other Bonds.............................................................................................14
5.02 Licensed Sureties and Insurers .............................................................................................................15
5.03 Certificates of Insurance..... ......................... .................. .............. ........ .... .............. .... ....... ................. .... 15
5.04 Contractor's Liability Insurance .............. ................................... .......... ............ ...... ............ .... ............ ..... 15
5.05 Owner's Liability Insurance ............. ... ............................. .... ............. ........ ......................... ...... ............... 16
5.06 Property Insurance............................................................................................................................ ..... 16
5.07 Waiver of Rights....... ... .... ......................... ..................... ................. ........... ........................ .......... ........... 17
5.08 Receipt and Application of Insurance Proceeds .................................................................................... 17
5.09 Acceptance of Bonds and Insurance; Option to Replace ...................................................................... 17
5.10 Partial Utilization, Acknowledgment of Property Insurer........................................................................ 18
ARTICLE 6 - CONTRACTOR'S RESPONSiBILITIES............................................................................................. 18
6.01 Supervision and Superintendence ...... ..... ...... ................. .... ........ ......... ........ ........... .......... ...... ........ ....... 18
6.02 Labor; Working Hours ...........................................................................................,................................18
6.03 Services, Materials, and Equipment ......................................................................................................18
6.04 Progress Schedule....... .................. ....... ............. ....... .......... ...... ........ .... ....... ............ ......... .................,... 18
6.05 Substitutes and "Or-Equals".. ................... ...... ............. ...... .......... ........ .......... ....... ............. ...... ........ ....... 19
6.06 Concerning Subcontractors, Suppliers, and Others ..............................................................................20
6.07 Patent Fees and Royalties..................................................................................................................... 21
6.08 Permits. ........ ............... ............ .......... ....... ...... ... .................. ............. .......... ... ... .... ............. .....................21
6.09 Laws and Regulations.... .......... .......... .... .............. ............ .... ...... ............. ......... .................... ........... ... ....21
6.10 Taxes .... ............... ....... ......... ... ....... ............ ........ ... ................ .................. .............. ......... ... ... ............. .....22
6.11 Use of Site and Other Areas ..................................................................................................................22
6.12 Record Documents ................................................................................................................................22
6.13 Safety and Protection.............................................................................................................................22
6.14 Safety Representative......... ..................... ..................... ...... ........................ .......... ...... ...... ................ ..... 23
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6.15 Hazard Communication Programs......................................................................................................... 23
6.16 Emergencies............ ..... ................ ............ ...... ............. ...... .......... ........... ............. ....... ....... ....... .............23
6.17 Shop Drawings and Samples.................................................................................................................23
6.18 Continuing the Work ......................................................................................,........,..............................24
6.19 Contractor's General Warranty and Guarantee..................................................................................... 24
6.20 Indemnification................................................................................................................ ...,...................24
6.21 Delegation of Professional Design Services.......................................................................................... 25
ARTICLE 7 - OTHER WORK AT THE SITE ............................................................................................................25
7.01 Related Work at Site '.............................................................................................................................25
7.02 Coordination......................................................... .................................................................................. 26
7.03 Legal Relationships................................................................................................................... .............26
ARTICLE 8 - OWNER'S RESPONSiBILITIES.........................................................................................................26
8.01 Communications to Contractor..... ...... ...... .................. .... ..... ........ ...... .... .................. ......... .......... ...........26
8.02 Replacement of Engineer ......................................................................................................................26
8.03 Furnish Data................ ..... ........ ............... ..... ............. .... ...... ................ ..... ............................ .................. 26
8.04 Pay When Due..... ........ ........ ........... ......... ............. ........ ............ ..... ........ ..... .......... ............ ...... ..... ...... .... 26
8.05 Lands and Easements; Reports and Tests............................................................................................26
8.06 Insurance....................................................................................................................... ........................26
8.07 Change Orders........................................................................................................................... ............26
8.08 Inspections, Tests, and Approvals .........................................................................................................26
8.09 Limitations on Owner's Responsibilities ................................................................................................27
8.10 Undisclosed Hazardous Environmental Condition.................................................................................27
8.11 Evidence of Financial Arrangements .....................................................................................................27
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION ......................................................................... 27
9.01 Owner's Representative..................................... .................................................................................... 27
9.02 Visits to Site. ........... ............. ................. ................... .......... .... ...... ................. ..... ........... .... .......... ...........27
9.03 Project Representative.................................................................................................................... .......27
9.04 Authorized Variations in Work. ......... ...... ....... ...................... .......... .......... ......... ........................... ...........27
9.05 Rejecting Defective Work.... ....... ............... ..................... ....... ........ .................,.... ... .............. .... ..............27
9.06 Shop Drawings, Change Orders and Payments....................................................................................28
9.07 Determinations for Unit Price Work........................................................................................................28
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work................................... 28
9.09 Limitations on Engineer's Authority and Responsibilities ...................................................................... 28
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ...............................................................................................28
10.01 Authorized Changes in the Work ...........................................................................................................28
10.02 Unauthorized Changes in the Work.......................................................................................................29
10.03 Execution of Change Orders........... ... ...... ............. ...... ....... .................. ......... .......... ......... .... ..................29
10.04 Notification to Surety.... ...................... ...... ....................... ............. .......... ....... ....... ............ .... ..................29
10.05 Claims........................................................................................................................... .........................29
ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ....................................................... 30
11.01 Cost of the Work ....................................................................................................................................30
11.02 Allowances........... ............ ........... ...... ...... ...................................... ........... ......... ... ............. ...... ...... .........31
11.03 Unit Price Work .............................................................................................................,........................ 31
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .......................................... 32
12.01 Change of Contract Price.. ......... ........... ........... .............. ..... .......... .......... ... ............. ..... ..... ...... ... ... ......... 32
12.02 Change of Contract Times .....................................................................................................................33
12.03 Delays ....... ..... ......... ...... .... .............. ......... ... ....... .............. ... ..... ..... ............. .................. ....... .... ...... .... .....33
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
.......................................................................................................................................................,.........................33
13.01 Notice of Defects.. ....... ............ ................ .............. ............. ........,. .......................... ........................... ..... 33
13.02 Access to Work.... ....... ........ ............. ............... ......, ............ .......... .,. ........................... ... ....... ..... .............33
13.03 Tests and Inspections ............................................................................................................................33
13.04 Uncovering Work.......... ..... ........ ............ ...... ......... ...... .............,... .......... ...... ...... ... ............. ... ..................34
13.05 Owner May Stop the Work.....................................................................................................................34
13.06 Correction or Removal of Defective Work .............................................................................................34
13.07 Correction Period. ...... ..................... ...... ............................. .......... ............................. ....... ....... ... ............34
13.08 Acceptance of Defective Work........... ......... ......... ...... ..... ............ ........................... .... ...... ....... ... ... .... .....35
13.09 Owner May Correct Defective Work ...................................................................................................... 35
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION.................................................................... 36
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14.01 Schedule of Values ..................... ...... ............... ... ..... ...... .............. ...... ......... ........ ... ............ ........... ... ......36
14.02 Progress Payments....... ..... ...... ... ... ..... ...... ... ....... ......... ....... ........ ....... ........... .............. .....,. ......... ...........36
14.03 Contractor's Warranty of Title ................................................................................................................37
14.04 Substantial Completion.... ...............,.........., ...... ..... .......... ......................... ... ... ........ ...................... .........37
14.05 Partial Utilization .............. ............ ......... ... ....... ... ... ................ .... .... .... ...... ..... ...... ..... ..... ... ........... ............38
14.06 Final Inspection .............. ... ........................ ...... .... .... ..... .................. ... ...... ..... ......... .... ................... ..........38
14.07 Final Payment....... ............ ......... .................. ........... ........... ... ...... ...... .... ..... ...... ...... ......... ....... ...... ..... .....38
14.08 Final Completion Delayed. .... ......... .............. ....... ......... ................. ........ ......... ........ ... ...... .................... ...39
14.09 Waiver of Claims... ................... ......... ...................... .................. ........ ......... ........... ......... .... ................. ...39
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ............................................................................. 39
15.01 Owner May Suspend Work ......... ...... ...................... ..... ......... ............ ........... ....... .... ....... .... ..... ...............39
15.02 Owner May Terminate for Cause...........................................................................................................39
15.03 Owner May Terminate For Convenience ...............................................................................................40
15.04 Contractor May Stop Work or Terminate ............................................................................................... 40
ARTICLE 16 - DISPUTE RESOLUTION ...... ................. ............... ............. ..... .......... ..... .......................... ..... ............ 41
16.01 Methods and Procedures. ......... ...... ........ ........... ........ ......... ......... ....... ... ........ ........ ......... ....... .... ......... ...41
ARTICLE 17 - MISCELLANEOUS... ...... ................... ........... ............ ..... ......... ....... ........... ........... ......... ...... .... ..........41
17.01 Giving Notice ........ .......... ............ ..... ......... ....... ............... ..... ............ .............. ...... ........ ....... ........... ......... 41
17.02 Computation of Times.... ...... ........... ............ ...... ............. ..... ......... .......... ........ ....... .... ...... ....... .... ............41
17.03 Cumulative Remedies............. ................ .... ....... ........ .... ..... ......... .......... ................. ....... ........ .... ... ......... 41
17.04 Survival of Obligations... .......... ...................... .......... .... ................ ...... ............ ................. ....... ................41
17.05 Controlling Law..... ......... .... ...... ............... ............... ........ ........... ............. ........ ....... ................ ............. .... 41
17.06 Headings. ........................... ........... .......... .......... ... ...... .................. ... .................. .......... ......... ...... .... ........ 41
EJCDC C-700 Standard General Conditions of the Construction Contract.
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GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in the Bidding
Requirements or Contract Documents and printed
with initial capital letters, the terms listed below will
have the meanings indicated which are applicable to
both the singular and plural thereof. In addition to
terms specifically defined, terms with initial capital
letters in the Contract Documents include references
to identified articles and paragraphs, and the titles of
other documents or forms.
1. Addenda--Written or graphic instruments
issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the
proposed Contract Documents.
2. Agreement--The written instrument which
is evidence of the agreement between Owner and
Contractor covering the Work.
3. Application 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. Asbestos--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.
5. Bid-- The offer or proposal of a Bidder
submitted on the prescribed form setting forth the
prices for the Work to be performed.
6. Bidder-- The individual or entity who
submits a Bid directly to Owner.
7. Bidding Documents--The
Requirements and the proposed
Documents (including all Addenda).
Bidding
Contract
8. Bidding Requirements-- The
Advertisement or Invitation to Bid, Instructions to
Bidders, bid security of acceptable form, if any, and
the Bid Form with any supplements.
Contractor and Owner and authorizes an addition,
deletion, or revision in the Work or an adjustment in
the Contract Price or the Contract Times, issued on
or after the Effective Date of the Agreement.
10. Claim--A demand or assertion by Owner
or Contractor seeking an adjustment of Contract
Price or Contract Times, or both, or other relief with
respect to the terms of the Contract. A demand for
money or services by a third party is not a Claim.
11. Contract--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 Documents-- Those items so
designated in the Agreement. Only printed or hard
copies of the items listed in the Agreement are
Contract Documents. Approved Shop Drawings,
other Contractor's submittals, and the reports and
drawings of subsurface and physical conditions are
not Contract Documents.
13. Contract 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. Contract Times--The number of days or
the dates stated in the Agreement to: (i) achieve
Milestones, if any, (ii) achieve Substantial
Completion; and (iii) 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
whom Owner has entered into the Agreement.
16. Cost of the Work--See Paragraph
11.01.A for definition.
17. Drawings-- That part of the Contract
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 Date of the Agreement-- The
date indicated in the Agreement on which it
becomes effective, but if no such date is indicated, it
means the date on which the Agreement is signed
and delivered by the last of the two parties to sign
and deliver.
9. Change Order--A document
recommended by Engineer which is signed by
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19. Engineer--The individual or entity named
as such in the Agreement.
20. Field Order--A written order issued by
Engineer which requires minor changes in the Work
but which does not involve a change in the Contract
Price or the Contract Times.
21. General Requirements--Sections of
Division 1 of the Specifications. The General
Requirements pertain to all sections of the Specifica-
tions.
22. Hazardous Environmental Condition--
The presence at the Site of Asbestos, PCBs, Petro-
leum, Hazardous Waste, or Radioactive Material in
such quantities or circumstances that may present a
substantial danger to persons or property exposed
thereto in connection with the Work.
23. Hazardous 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.
24. Laws and Regulations; Laws or Regulat-
ions--Any and all applicable laws, rules, regulations,
ordinances, codes, and orders of any and all govern-
mental bodies, agencies, authorities, and courts
having jurisdiction.
25. Liens--Charges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
26. Milestone--A principal event specified in
the Contract Documents relating to an intermediate
completion date or time prior to Substantial Comple-
tion of all the Work.
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27. Notice of Award--The written notice by
Owner to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the
conditions precedent listed therein, Owner will sign
and deliver the Agreement.
28. Notice to Proceed--A written notice given
by Owner to Contractor fixing the date on which the
Contract Times will commence to run and on which
Contractor shall start to perform the Work under the
Contract Documents.
29. Owner--The individual or entity with
whom Contractor has entered into the Agreement
and for whom the Work is to be performed.
30. PCBs--Polychlorinated biphenyls.
31. 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.
32. Progress Schedule--A schedule,
prepared and maintained by Contractor, describing
the sequence and duration of the activities
comprising the Contractor's plan to accomplish the
Work within the Contract Times.
33. Project--The total construction of which
the Work to be performed under the Contract
Documents may be the whole, or a part.
34. 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.
35. Radioactive Material--Source, special
nuclear, or byproduct material as defined by the
Atomic Energy Act of 1954 (42 USC Section 2011 et
seq.) as amended from time to time.
36. Related Entity -- An officer, director,
partner, employee, agent, consultant, or
subcontractor.
37. Resident Project Representative--The
authorized representative of Engineer who may be
assigned to the Site or any part thereof.
38. Samples--Physical examples of
materials, equipment, or workmanship that are
representative of some portion of the Work and
which establish the standards by which such portion
of the Work will be judged.
39. Schedule of Submitta/s--A schedule,
prepared and maintained by Contractor, of required
submittals and the time requirements to support
scheduled performance of related construction
activities.
40. Schedule of Values--A schedule,
prepared and maintained by Contractor, allocating
portions of the Contract Price to various portions of
the Work and used as the basis for reviewing
Contractor's Applications for Payment.
41. Shop Drawings--AII drawings, diagrams,
illustrations, schedules, and other data or
information which are specifically prepared or
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assembled by or for Contractor and submitted by
Contractor to illustrate some portion of the Work.
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42. Site--Lands or areas indicated in the
Contract Documents as being furnished by Owner
upon which the Work is to be performed, including
rights-of-way and easements for access thereto, and
such other lands furnished by Owner which are
designated for the use of Contractor.
43. Specifications-- That part of the Contract
Documents consisting of written requirements for
materials, equipment, systems, standards and
workmanship as applied to the Work, and certain
administrative requirements and procedural matters
applicable thereto.
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44. Subcontractor--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.
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45. Substantial Completion-- 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 the Work (or a
specified part thereof) can be utilized for the
purposes for which it is intended. The terms
"substantially complete" and "substantially com-
pleted" as applied to all or part of the Work refer to
Substantial Completion thereof.
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46. Successful Bidder-- The Bidder
submitting a responsive Bid to whom Owner makes
an award.
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47. Supplementary Conditions--That part of
the Contract Documents which amends or
supplements these General Conditions.
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48. Supplier--A manufacturer, fabricator,
supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcon-
tractor to furnish materials or equipment to be
incorporated in the Work by Contractor or any
Subcontractor.
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49. Underground Facilities--AII 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, steam, liquid petroleum products, telephone
or other communications, cable television, water,
wastewater, storm water, other liquids or chemicals,
or traffic or other control systems.
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50. Unit Price Work--Work to be paid for on
the basis of unit prices.
51. Work-- The entire construction or the
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 necessary to
produce such construction, and furnishing, installing,
and incorporating all materials and equipment into
such construction, all as required by the Contract
Documents.
52. 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 change the Contract Price or the
Contract Times but is evidence that the parties
expect that the change ordered or documented by a
Work Change Directive will be incorporated in a
subsequently issued Change Order following
negotiations by the parties as to its effect, if any, on
the Contract Price or Contract Times.
1.02 Terminology
A. The following words or terms are not
defined but, when used in the Bidding Requirements
or Contract Documents, have the following meaning.
B. Intent of Certain Terms or Adjectives
1. The Contract Documents include the
terms "as allowed," "as approved," "as ordered", "as
directed" or terms of like effect or import to authorize
an exercise of professional judgment by Engineer. In
addition, 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 exercise of professional
judgment, action or determination will be solely to
evaluate, in general, the Work for compliance 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 otherwise). The use of any such term or
adjective is not intended to and 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
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contrary to the provisions of Paragraph 9.09 or any
other provision of the Contract Documents.
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C.Day
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1. The word "day" means a calendar
day of 24 hours measured from midnight to the next
midnight.
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D. Defective
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1. The word "defective," when modifying the
word "Work," refers to Work that is unsatisfactory,
faulty, or deficient in that it:
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a. does not conform to the Contract
Documents, or
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b. does not meet the requirements of any
applicable inspection, reference standard,
test, or approval referred to in the Contract
Documents, or
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c. has been damaged prior to Engineer's -
recommendation of final payment (unless
responsibility for the protection thereof has
been assumed by Owner at Substantial
Completion in accordance with Paragraph
14.04 or 14.05).
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E. Furnish, Install, Perform, Provide
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1. The word "furnish," when used in connec-
tion 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.
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2. The word "install," when used in connec-
tion with 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.
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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 intended use.
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4. When "furnish," "install," "perform," or
"provide" is not used in connection with services,
materials, or equipment in a context clearly requiring
an obligation of Contractor, "provide" is implied.
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meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2 - PRELIMINARY MATTERS
2.01 Delivery of Bonds and Evidence of
Insurance
A. When Contractor delivers the executed
counterparts of the Agreement to Owner, Contractor
shall also deliver to Owner such bonds as
Contractor may be required to furnish.
B. 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 which either of them or any
additional insured may reasonably request) which
Contractor and Owner respectively are required to
purchase and maintain in accordance with Article 5.
2.02 Copies of Documents
A. Owner shall furnish to Contractor up to
ten printed or hard copies of the Drawings and
Project Manual. Additional copies will be furnished
upon request at the cost of reproduction.
2.03 Commencement of 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 the day of Sid 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.
2.05 Before Starting Construction
A. Preliminary Schedules: Within 10 days
after the Effective Date of the Agreement (unless
otherwise specified in the General Requirements),
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F. Unless stated otherwise in the Contract
Documents, words or phrases which have a well-
known technical or construction industry or trade
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Contractor shall submit to Engineer for timely
review:
1. a preliminary Progress Schedule; indicat-
ing 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 Submittals; and
3. a preliminary Schedule of Values for all of
the Work which includes quantities and prices of
items which when added together equal the Contract
Price and subdivides 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.
2.06 Preconstruction Conference
A. Before any Work at the Site is started, a
conference attended by Owner, Contractor,
Engineer, and others as appropriate will be held to
establish a working understanding among the
parties as to the Work and to discuss the schedules
referred to in Paragraph 2.05.A, procedures for
handling Shop Drawings and other submittals,
processing Applications for Payment, and
maintaining required records.
2.07 Initial Acceptance of Schedules
A. At least 10 days before submission of the
first Application for Payment a conference attended
by Contractor, Engineer, and others as appropriate
will be held to review for acceptability to Engineer as
provided below the schedules submitted in
accordance with Paragraph 2.05.A. Contractor shall
have an additional 10 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.
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1. The Progress Schedule will be acceptable
to Engineer if it provides an orderly progression of
the Work to completion within the Contract Times.
Such acceptance 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 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 Intent
A. The Contract Documents are comple-
mentary; what is required by one is as binding as if
required by all.
B. It is the intent of the Contract Documents
to describe a functionally complete Project (or part
thereof) to be constructed in accordance with the
Contract Documents. Any labor, documentation,
services, materials, or equipment that may
reasonably be inferred from the Contract Documents
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 and interpretations 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
1. Reference to standards, specifications,
manuals, or codes of any technical society,
organization, or association, or to Laws or
Regulations, whether such reference be specific or
by implication, shall mean the standard,
specification, manual, code, or Laws or Regulations
in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no
Bids), except as may be otherwise specifically stated
in the Contract Documents.
2. No provision of any such standard,
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. No such provision or instruction shall be
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effective to assign to Owner, or Engineer, or any of,
their Related Entities, any duty or authority to
supervise or direct the performance of the Work or
any duty or authority to undertake responsibility
inconsistent with the provisions of the Contract
Documents.
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3.03 Reporting and Resolving Discrepancies
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A. Reporting Discrepancies
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1. Contractor's Review of Contract
Documents Before Starting Work: 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.
Contractor shall promptly report in writing to
Engineer any conflict, error, ambiguity, or
discrepancy which Contractor may discover and
shall obtain a written interpretation or clarification
from Engineer before proceeding with any Work
affected thereby.
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2. Contractor's Review of Contract
Documents During Performance of Work: If, during
the performance of the Work, Contractor discovers
any conflict, error, ambiguity, or discrepancy within
the Contract Documents or between the Contract
Documents and any provision of any Law or
Regulation applicable to the performance of the
Work or of any standard, specification, manual or
code, or of any instruction of any Supplier,
Contractor shall promptly report it to Engineer in
writing. Contractor shall not proceed with the 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.
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3. Contractor shall not 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 thereof.
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B. Resolving Discrepancies
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1. Except as may be otherwise specifically
stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in
resolving any conflict, error, ambiguity, or discrepan-
cy between the provisions of the Contract Docu-
ments and:
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a. the provisions of any standard,
specification, manual, code, or instruction
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(whether or not specifically 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 provi-
sions of the Contract Documents would
result in violation of such Law or
Regulation).
3.04 Amending and Supplementing Contract
Documents
A. The Contract Documents may be
amended to provide for additions, deletions, and
revisions in the Work or to modify the terms and
conditions thereof by either a Change Order or a
Work Change Directive.
B. The requirements of the Contract
Documents may be supplemented, and minor
variations and deviations in the Work may be autho-
rized, by one or more of the following ways:
1. A Field Order;
2. Engineer's approval of a Shop Drawing or
Sample; (Subject to the provisions of Paragraph
6.17.D.3); or
3. Engineer's written interpretation or
clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or
Supplier or other individual or entity performing or
furnishing all of the Work under a direct or indirect
contract with Contractor, shall not:
1. 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 consultants, including electronic media
editions; or
2. 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.
B. The prohibition of this Paragraph 3.05 will
survive final payment, or termination of the Contract.
Nothing herein shall preclude Contractor from
retaining copies of the Contract Documents for
record purposes.
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3.06 Electronic Data
A. Copies of data furnished by Owner or
Engineer to Contractor or Contractor to Owner or
Engineer that may be relied upon are limited to the
printed copies (also known as hard copies). Files in
electronic media format of text, data, graphics, or
other types are furnished only for the convenience of
the receiving party. Any conclusion or information
obtained or derived from such electronic files will be
at the user's sole risk. If there is a discrepancy
between the electronic files and the hard copies, the
hard copies govern.
B. Because data stored in electronic media
format can deteriorate or be modified inadvertently
or otherwise without authorization of the data's
creator, the party receiving electronic files agrees
that it will perform acceptance tests or procedures
within 60 days, after which the receiving party shall
be deemed to have accepted the data thus
transferred. Any errors detected within the 60-day
acceptance period will be corrected by the
transferring party..
C. When transferring documents in
electronic media format, the transferring party makes
no representations as to long term compatibility,
usability, or readability of documents resulting from
the use of software application packages, operating
systems, or computer hardware differing from those
used by the data's creator.
ARTICLE 4 AVAILABILITY
SUBSURFACE AND PHYSICAL
HAZARDOUS ENVIRONMENTAL
REFERENCE POINTS
OF LANDS;
CONDITIONS;
CONDITIONS;
4.01 Availability of Lands
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 Contractor and Owner are
unable to agree on entitlement to or on the amount
or extent, if any, of any adjustment in the Contract
Price or Contract Times, or both, as a result of any
delay in Owner's furnishing the Site or a part thereof,
Contractor may make a Claim therefor as provided
in Paragraph 10.05.
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
against such lands in accordance with applicable
Laws and Regulations.
C. Contractor shall provide for all additional
lands and access thereto that may be required for
temporary construction facilities or storage of
materials and equipment.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The
Supplementary Conditions identify:
1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site
that Engineer has used in preparing the Contract
Documents; and
2. those drawings of physical conditions in
or relating to existing surface or subsurface struc-
tures at or contiguous to the Site (except
Underground Facilities) that Engineer has used in
preparing the Contract Documents.
B. Limited Reliance by Contractor on
Technical Data Authorized: 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," Contractor may not rely
upon or make any claim against Owner or Engineer,
or any of their Related Entities with respect to:
1. 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, opinions, 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 infor-
mation.
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4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any
subsurface or physical condition at or contiguous to
the Site that is uncovered or revealed either:
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1. 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
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2. is of such a nature as to require a change
in the Contract Documents; or
3. differs materially from that shown or
indicated in the Contract Documents; or
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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 Contract Documents;
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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.
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B. Engineer's Review: After receipt of written
notice as required by Paragraph 4.03.A, Engineer
will promptly review the pertinent condition, deter-
mine 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.
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C. Possible Price and Times Adjustments
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1. 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 cost of, or time required for, perfor-
mance of the Work; subject, however, to the follow-
ing:
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a. such condition must meet anyone or
more of the categories described in
Paragraph 4.03.A; and
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b. with respect to Work that is paid for on a
Unit Price Basis, any adjustment in Contract
Price will be subject to the provisions of
Paragraphs 9.07 and 11.03.
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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 with respect to
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 have 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 Docu-
ments to be conducted by or for Contractor
prior to Contractor's making such final com-
mitment; or
c. Contractor failed to give the written notice
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 adjustment in the Contract Price or
Contract Times, or both, a Claim may be made
therefor as provided in Paragraph 10.05. However,
Owner and Engineer, and any of their Related
Entities shall not be liable to Contractor for any
claims, costs, losses, or 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)
sustained by Contractor on or in connection with any
other project or anticipated project.
4.04 Underground 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 Contractor shall
have full responsibility for:
a. reviewing and checking all such informa-
tion and data,
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b. locating all Underground Facilities shown
or indicated in the Contract Documents,
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c. coordination of the Work with the owners
of such Underground Facilities, including
Owner, during construction, and
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d. the safety and protection of all such
Underground Facilities and repairing any
damage thereto resulting from the Work.
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B. Not Shown or Indicated
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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.
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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 shall be made in the Contract Price or
Contract Times, or both, to the extent that they are
attributable to the existence or location of any
Underground Facility that was not shown or
indicated or not shown or indicated with reasonable
accuracy in the Contract Documents and that
Contractor did not know of and could not reasonably
have been expected to be aware of or to have
anticipated. If Owner and Contractor are unable to
agree on entitlement to or on the amount or extent, if
any, of any such adjustment in Contract Price or
Contract Times, Owner or Contractor may make a
Claim therefor as provided in Paragraph 10.05.
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4.05 Reference Points
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A. Owner shall provide engineering surveys
to establish reference points for construction which
in Engineer's judgment are necessary to enable
Contractor to proceed with the Work. Contractor
shall be responsible for laying out the Work, shall
protect and preserve the established reference
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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 Environmental 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 Hazardous Environmental Condition identified at
the Site, if any, that have been utilized by the
Engineer in the preparation of the Contract
Documents.
B. Limited Reliance by Contractor on
Technical Data Authorized: 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," Contractor may not rely
upon or make any claim against Owner or Engineer,
or any of their Related Entities with respect to:
1. 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, opinions 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.
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 Site by Contractor,
Subcontractors, Suppliers, or anyone else for whom
Contractor is responsible.
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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 immediately: (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.A); 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.
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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 area is or has been
rendered safe for the resumption of Work; or (ii)
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 stoppage 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.
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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 Times 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 in accor-
dance with Article 7.
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G. To the fullest extent permitted by Laws
and Regulations, Owner shall indemnify and hold
harmless Contractor, Subcontractors, and Engineer,
and the officers, directors, partners, employees,
agents, 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,
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provided that such Hazardous Environmental
Condition: (i) was not shown or indicated in the
Drawings or Specifications or identified in the
Contract Documents to be included within the scope
of the Work, and (ii) was not created by Contractor
or by anyone for whom Contractor is responsible.
Nothing in this Paragraph 4.06. G 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 and Engineer, and the officers,
directors, partners, employees, agents, 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.H shall
obligate Contractor to indemnify any individual or
entity from and against the consequences of that
individual's or entity's own negligence.
I. The provisions of Paragraphs 4.02, 4.03,
and 4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 - BONDS AND INSURANCE
5.01 Performance, Payment, and Other Bonds
A. Contractor shall furnish performance and
payment bonds, each in an amount at least equal to
the Contract Price as security for the faithful perfor-
mance and payment of all of Contractor's obligations
under the Contract Documents. These bonds shall
remain in effect until one year after the date when
final payment becomes due or until completion of
the correction period specified in Paragraph 13.07,
whichever is later, except as provided otherwise by
Laws or Regulations or by the Contract Documents.
Contractor 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 pub-
lished in Circular 570 (amended) by the Financial
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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
the agent's authority to act.
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C. If the surety on any bond furnished by
Contractor 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 promptly notify Owner and
Engineer and shall, within 20 days after the event
giving rise to such notification, provide another bond
and surety, both of which shall comply with the
requirements of Paragraphs 5.01.B and 5.02.
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5.02 Licensed Sureties and Insurers
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A. All bonds and insurance required by the
Contract Documents to be purchased and main-
tained by Owner or Contractor shall be obtained
from surety or insurance companies that are duly
licensed or authorized in the jurisdiction in which the
Project is located to issue bonds or insurance
policies for the limits and coverages so required.
Such surety and insurance companies shall also
meet such additional requirements and qualifications
as may be provided in the Supplementary
Conditions.
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5.03 Certificates of Insurance
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A. Contractor shall deliver to Owner, with
copies to each additional insured identified in the
Supplementary 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.
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B. 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.
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5.04 Contractor's Liability Insurance
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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 Contractor's performance
of the Work and Contractor's other obligations under
the Contract Documents, whether it is to be per-
formed by Contractor, any Subcontractor or
Supplier, or by anyone directly or indirectly
employed by any of them to perform any of the
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Work, or by anyone for whose acts any of them may
be liable:
1. 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;
3. claims for damages because of bodily
injury, sickness or disease, or death of any person
other than Contractor's employees;
4. claims for damages insured by
reasonably available personal injury liability
coverage which are sustained:
a. by any person as a result of an offense
directly or indirectly related to the employ-
ment of such person by Contractor, or
b. 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 property damage
arising out of the ownership, maintenance or use of
any motor vehicle.
B. The policies of insurance required by this
Paragraph 5.04 shall:
1. with respect to insurance required by
Paragraphs 5.04.A.3 through 5.04.A.6 inclusive,
include as additional insured (subject to any
customary exclusion regarding professional liability)
Owner and Engineer, 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, consultants
and subcontractors of each and any of all such addi-
tional 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;
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3. include completed operations insurance;
4. include contractual liability insurance
covering Contractor's indemnity obligations under
Paragraphs 6.11 and 6.20;
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5. contain a provision or endorsement that
the coverage afforded will not be canceled, materi-
ally changed or renewal refused until at least 30
days prior written notice has 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 insurance furnished by the Contractor
pursuant to Paragraph 5.03 will so provide);
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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
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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.
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a. Contractor shall furnish Owner and each
other additional insured identified in the
Supplementary 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 final payment and one
year thereafter.
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5.05 Owner's Liability Insurance
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A. In addition to the insurance required to be
provided by Contractor under Paragraph 5.04,
Owner, at Owner's option, may purchase and
maintain at Owner's expense Owner's own liability
insurance as will protect Owner against claims which
may arise from operations under the Contract Docu-
ments.
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5.06 Property Insurance
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A. Unless otherwise provided in the Supple-
mentary Conditions, Owner shall purchase and
maintain property insurance upon the Work at the
Site in the amount of the full replacement cost
thereof (subject to such deductible amounts as may
be provided in the Supplementary Conditions or
required by Laws and Regulations). This insurance
shall:
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1. include the interests of Owner,
Contractor, Subcontractors, and Engineer, and any
other individuals or entities identified in the
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Supplementary Conditions, and the officers,
directors, partners, employees, agents, 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 insured or additional insured;
2. be written on a Builder's Risk "all-risk" or
open peril or special causes of loss policy form that
shall at least include insurance for physical loss 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 dam-
age, (other than caused by flood) and such other
perils or causes of loss as may be specifically
required by the Supplementary 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);
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 until final payment
is made unless otherwise agreed to in writing by
Owner, Contractor, and Engineer with 30 days
written notice to each other additional insured to
whom a certificate of insurance has been issued.
B. Owner shall 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, and Engineer, and any other
individuals or entities identified in the Supplementary
Conditions, and the officers, directors, partners,
employees, agents, 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 insured or additional insured.
C. All the policies of insurance (and the
certificates or other evidence thereof) required to be
purchased and maintained in accordance with
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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 Contractor and 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.
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D. Owner shall not 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.
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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 Contractor by
appropriate Change Order. 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.
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5.07 Waiver of Rights
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A. Owner and Contractor intend that all
policies purchased in accordance with Paragraph
5.06 will protect Owner, Contractor, Subcontractors,
and Engineer, 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,
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 no rights of recovery against any
of the insureds or additional insureds thereunder.
Owner and Contractor waive all rights against each
other and their respective officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for all
losses and damages caused by, arising out of or
resulting from any of the perils or causes of loss
covered by such policies and any other property
insurance applicable to the Work; and, in addition,
waive all such rights against Subcontractors, and
Engineer, and all other individuals or entities
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identified in the Supplementary Conditions to be
listed as insured or additional insured (and the
officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of
them) under such policies for losses and damages
so caused. None of the above waivers shall 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
Contractor, Subcontractors, and Engineer, and the
officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of
them for:
1. loss due to business interruption, loss of
use, or other consequential loss extending beyond
direct physical loss or damage to Owner's property
or the Work caused by, arising out of, or resulting
from fire or other perils 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 fire or other insured peril or cause of loss
covered by any property insurance maintained on
the completed Project or part thereof by Owner
during partial utilization pursuant to Paragraph
14.05, after Substantial Completion pursuant to
Paragraph 14.04, or after final payment pursuant to
Paragraph 14.07.
C. Any insurance policy maintained by
Owner covering any loss, damage or consequential
loss referred to in Paragraph 5.07.B shall contain
provisions to the effect that in the event of payment
of any such loss, damage, or consequential loss, the
insurers will have no rights of recovery against
Contractor, Subcontractors, or Engineer, and the
officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of
them.
5.08 Receipt and Application of Insurance
Proceeds
A. Any insured loss under the policies of
insurance required by Paragraph 5.06 will be
adjusted with Owner and made payable to Owner as
fiduciary for the insureds, as their interests may
appear, subject to the requirements of any
applicable mortgage clause and of Paragraph
5.08.B. Owner shall deposit in a separate account
any money so received and shall distribute it in
accordance with such agreement as the parties in
interest may reach. If no other special agreement is
reached, the damaged Work shall be repaired or re-
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placed, the moneys so received applied on account
thereof, and the Work and the cost thereof covered
by an appropriate Change Order.
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 15 days after the occurrence of loss to
Owner's exercise of this power. If such objection be
made, Owner as fiduciary shall make settlement with
the insurers in accordance with such agreement as
the parties in interest may reach. If no such
agreement among the parties in interest is reached,
Owner as fiduciary shall adjust and settle the loss
with the insurers and, if required in writing by any
party in interest, Owner as fiduciary shall give bond
for the proper performance of such duties.
5.09 Acceptance of Bonds and Insurance; Option
to Replace
A. If either Owner or Contractor has any
objection to the coverage afforded by or other provi-
sions 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 the other party in
writing within 10 days after receipt of the certificates
(or other evidence requested) required by Paragraph
2.01.B. 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
maintain all of the bonds and insurance required 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 the expense of the party who was
required to provide such coverage, and a Change
Order shall be issued to adjust the Contract Price
accordingly.
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5.10 Partial Utilization, Acknowledgment of
Property Insurer
A. If Owner finds it necessary to occupy or
use a portion or portions of the Work prior to Sub-
stantial 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 endorsement on the policy or policies,
but the property insurance shall not be canceled or
permitted to lapse on account of any such partial
use or occupancy.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and
direct the Work competently and efficiently, devoting
such attention thereto and applying such skills and
expertise as may be necessary to perform the Work
in accordance with the Contract Documents.
Contractor shall be solely responsible for the means,
methods, techniques, sequences, and procedures of
construction. Contractor shall not be responsible for
the negligence of Owner or Engineer in the design
or specification of a specific means, method, tech-
nique, sequence, or procedure of construction which
is shown or indicated in and expressly required by
the Contract Documents.
B. At all times during the progress of the
Work, Contractor shall assign a competent resident
superintendent who shall not be replaced without
written notice to Owner and Engineer except under
extraordinary circumstances. The superintendent will
be Contractor'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.
6.02 Labor; Working Hours
A. Contractor shall provide competent,
suitably qualified personnel to survey and layout the
Work and perform construction as required by the
Contract Documents. Contractor 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 at the Site shall be performed during regular
working hours. Contractor will not permit the
performance of Work on a 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, Materials, and Equipment
A. Unless otherwise specified in the
Contract Documents, Contractor shall provide and
assume full responsibility for all services, materials,
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equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel,
power, light, heat, telephone, water, sanitary
facilities, temporary facilities, and all other 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 special warranties and guarantees required by
the Specifications shall expressly run to the benefit
of Owner. If required by Engineer, Contractor shall
furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of
materials and equipment.
C. 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 Documents.
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.
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1. Contractor shall submit 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. Such adjustments will comply with any provi-
sions of the General Requirements applicable there-
to.
2. Proposed adjustments in the Progress
Schedule that will change the Contract Times shall
be submitted in accordance with the requirements of
Article 12. Adjustments in Contract Times may only
be made by a Change Order.
6.05 Substitutes and "Or-Equals"
A. Whenever an item of material or equip-
ment is specified or described in the Contract Docu-
ments 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, func-
tion, appearance, and quality required. Unless the
specification or description contains or is followed by
words reading that no like, equivalent, or "or-equal"
item or no substitution is permitted, other items of
material or equipment or material or equipment of
other Suppliers may be submitted to Engineer for
review under the circumstances 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.1, a proposed item of material or
equipment will be considered functionally equal to
an item so named if:
a. in the exercise of reasonable judgment
Engineer determines that:
1) it is at least equal in materials of
construction, quality, durability, appearance,
strength, and design characteristics;
2) it will reliably perform at least
equally well the function and achieve the
results imposed by the design concept of the
completed Project as a functioning whole,
3) it has a proven record of
performance and availability of responsive
service; and
b. Contractor certifies that, if approved and
incorporated into the Work:
1) there will be no increase in cost
to the Owner or increase in Contract Times,
and
2) it will conform substantially to the
detailed requirements of the item named in
the Contract Documents.
2. Substitute Items
a. If in Engineer's sole discretion an item of
material or equipment proposed by
Contractor does not qualify as an "or-equal"
item under Paragraph 6.05.A.1, it will be
considered a proposed substitute item.
b. Contractor shall submit sufficient informa-
tion as provided below to allow Engineer to
determine that the item of material or
equipment proposed is essentially equiva-
lent to that named and an acceptable
substitute therefor. Requests for review of
proposed substitute items of material or
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equipment will not be accepted by Engineer
from anyone other than Contractor.
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c. The requirements 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 circumstances.
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d. Contractor shall make written application
to Engineer for review of a proposed
substitute item of material or equipment that
Contractor seeks to furnish or use. The
application:
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1) shall certify that the proposed
substitute item will:
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a) perform adequately the functions
and achieve the results called for by
the general design,
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b) be similar in substance to that
specified, and
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c) be suited to the same use as that
specified;
2) will state:
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a) the extent, if any, to which the
use of the proposed substitute item
will prejudice Contractor's
achievement of Substantial Comple-
tion on time;
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b) whether or not use of the
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 other work
on the Project) to adapt the design
to the proposed substitute item; and
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c) whether or not incorporation or
use of the proposed substitute item
in connection with the Work is sub-
ject to payment of any license fee or
royalty;
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3) will identify:
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a) all variations of the proposed
substitute item from that specified,
and
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b) available engineering,
maintenance, repair,
replacement services;
sales,
and
4) and shall contain an itemized
estimate of all costs or credits that will result
directly or indirectly from use of such
substitute item, including costs of redesign
and claims of other contractors affected by
any resulting change,
B. Substitute Construction Methods or
Procedures: If a specific means, method, technique,
sequence, or procedure of construction is expressly
required by the Contract Documents, Contractor
may furnish or utilize a substitute means, method,
technique, sequence, or procedure of construction
approved by Engineer. Contractor shall submit
sufficient information to allow Engineer, in
Engineer's sole discretion, to determine that the
substitute proposed is equivalent to that expressly
called for by the Contract Documents. The
requirements for review by Engineer will be similar to
those provided in Paragraph 6.05.A.2.
C. Engineer's Evaluation: Engineer will be
allowed a reasonable time within which to evaluate
each proposal or submittal made pursuant to
Paragraphs 6.05.A and 6.05.B. Engineer may
require Contractor to furnish additional data about
the proposed substitute item. Engineer will be the
sole judge of acceptability. No "or equal" 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 Contractor in writing of any
negative determination.
D. Special Guarantee: Owner may require
Contractor to furnish at Contractor's expense a
special performance guarantee or other surety with
respect to any substitute.
E. Engineer's Cost Reimbursement:
Engineer will record Engineer's costs in evaluating a
substitute proposed or submitted by Contractor
pursuant to Paragraphs 6.05.A.2 and 6.05.B
Whether or not Engineer approves a substitute item
so proposed or submitted by Contractor, Contractor
shall reimburse Owner for the charges of Engineer
for evaluating each such proposed substitute.
Contractor shall also reimburse Owner for the
charges of Engineer for making changes in the
Contract Documents (or in the provisions of any
other direct contract with Owner) resulting from the
acceptance of each proposed substitute.
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F. Contractor's Expense: Contractor shall
provide all data in support of any proposed
substitute or "or-equal" at Contractor's expense.
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6.06 Concerning Subcontractors, Suppliers, and
Others
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A. Contractor shall not employ any Subcon-
tractor, Supplier, or other individual or entity (includ-
ing 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 individual or entity to furnish or perform any of
the Work against whom Contractor has reasonable
objection.
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B. If the Supplementary Conditions require
the identity of certain Subcontractors, Suppliers, or
other individuals or 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 reason-
able objection after due investigation. Contractor
shall submit an acceptable replacement for the
rejected Subcontractor, Supplier, or other individual
or entity, and the Contract Price will be adjusted by
the difference in the cost occasioned by such
replacement, and an appropriate Change Order will
be issued . 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.
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C. Contractor shall 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:
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1. 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
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2. shall anything in the Contract Documents
create any obligation on the part of Owner or
Engineer to payor to see to the payment of any
moneys due any such Subcontractor, 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 Subcon-
tractors, 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 Subcontrac-
tors, Suppliers, and such other individuals or entities
performing or furnishing any of the Work to commu-
nicate with Engineer through Contractor.
F. The divisions and sections of the
Specifications and the identifications of any
Drawings shall not control Contractor 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 who
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, and Engineer"
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, 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, Contractor will obtain the same.
6.07 Patent 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 incorporation in
the Work of any invention, design, process, product,
or device which is the subject of patent rights or
copyrights held by others. If a particular invention,
design, process, product, or device is specified in
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the Contract Documents for use in the performance
of the Work and if to the actual knowledge of Owner
or Engineer its use is subject to patent rights or
copyrights calling for the payment of any license fee
or royalty to others, the existence of such rights shall
be disclosed by Owner in the Contract Documents.
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B. To the fullest extent permitted by Laws
and Regulations, Contractor shall indemnify and
hold harmless Owner and Eng ineer, and the officers,
directors, partners, employees, agents, 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
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 not
specified in the Contract Documents.
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6.08 Permits
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A. Unless otherwise provided in the Supple-
mentary Conditions, Contractor shall obtain and pay
for all construction permits and licenses. Owner shall
assist Contractor, when necessary, in obtaining such
permits and licenses. Contractor shall pay all
governmental charges and inspection fees
necessary for the prosecution of the Work which are
applicable at the time of opening of Bids, or, if there
are no Bids, on the Effective Date of the Agreement.
Owner shall pay all charges of utility owners for
connections for providing permanent service to the
Work.
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6.09 Laws and Regulations
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A. Contractor shall give all notices required
by and shall comply with all Laws and Regulations
applicable to 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.
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B. If Contractor performs any Work knowing
or having reason to know that it is contrary to Laws
or Regulations, Contractor shall bear 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 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
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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 shall 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
Contractor in accordance with the Laws and
Regulations of the place of the Project which are
applicable during the performance of the Work.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site 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 owner 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 occupant because of the performance of
the Work, Contractor shall promptly settle with such
other party by negotiation or otherwise resolve the
claim by arbitration or other dispute resolution
proceeding or at law.
3. To the fullest extent permitted by Laws
and Regulations, Contractor shall indemnify and
hold harmless Owner and Engineer, and the officers,
directors, partners, employees, agents, 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
any claim or action, legal or equitable, brought by
any such owner or occupant against Owner,
Engineer, or any other party indemnified hereunder
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to the extent caused by or based upon Contractor's
performance of the Work.
B. Removal of Debris During Performance of
the 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 conform to
applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion
of the Work Contractor shall clean the Site and the
Work and make it ready for utilization by Owner. At
the completion of the Work Contractor shall remove
from the Site all tools, appliances, 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 Structures: Contractor shall not
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 Documents
A. Contractor shall maintain in a safe place
at the Site one record copy of all Drawings,
Specifications, Addenda, Change Orders, Work
Change Directives, Field Orders, and written
interpretations and clarifications in good order and
annotated to show changes made during construc-
tion. 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 Protection
A. Contractor shall be solely responsible for
initiating, maintaining and supervising all safety
precautions and programs in connection with the
Work. Contractor shall take all necessary
precautions for the safety of, and shall provide the
necessary protection to prevent damage, injury or
loss to:
1. all persons on the 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, pave-
ments, roadways, structures, utilities, and Under-
ground Facilities not designated for removal, reloca-
tion, 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
erect and maintain all necessary safeguards for
such safety and protection. Contractor 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.
C. 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
Contractor, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly em-
ployed 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 , 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).
D. 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 ex-
pressly provided in connection with Substantial
Completion).
6.14 Safety Representative
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.
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6.15 Hazard Communication Programs
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A. Contractor shall be responsible for coordi-
nating 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.
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6.16 Emergencies
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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.
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6.17 Shop Drawings and Samples
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A. Contractor shall submit Shop Drawings
and Samples to Engineer for review and approval in
accordance with the acceptable Schedule of
Submittals (as required by Paragraph 2.07). Each
submittal will be identified as Engineer may require.
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1. Shop Drawings
a. Submit number of copies specified in the
General Requirements.
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b. 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 show
Engineer the services, materials, and
equipment Contractor proposes to provide
and to enable Engineer to review the
information for the limited purposes required
by Paragraph 6.17.0.
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2. Samples: Contractor shall also submit
Samples to Engineer for review and approval in
accordance with the acceptable schedule of Shop
Drawings and Sample submittals.
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a. Submit number of Samples specified in
the Specifications.
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b. Clearly identify each Sample as to
material, Supplier, pertinent data such as
catalog numbers, the use for which intended
and other data as Engineer may require to
enable Engineer to review the submittal for
the limited purposes required by Paragraph
6.17.0.
B. Where a Shop Drawing or Sample is re-
quired by the Contract Documents or the Schedule
of Submittals , 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.
C. Submittal Procedures
1. Before submitting each Shop Drawing or
Sample, Contractor shall have determined and veri-
fied:
a. all field measurements, quantities, dimen-
sions, specified performance and design
criteria, installation requirements, materials,
catalog numbers, and similar information
with respect thereto;
b. the suitability of all materials with respect
to intended use, fabrication, shipping, han-
dling, storage, assembly, and installation
pertaining to the performance of the Work;
c. all information relative to Contractor's
responsibilities for means, methods, tech-
niques, sequences, and procedures of
construction, and safety precautions and
programs incident thereto; and
d. 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
Documents.
2. Each submittal shall bear a stamp or
specific written certification that Contractor has satis-
fied Contractor's obligations under the Contract
Documents with respect to Contractor's review and
approval of that submittal.
3. With each submittal, Contractor shall give
Engineer specific written notice of any variations,
that the Shop Drawing or Sample may have from the
requirements of the Contract Documents. This notice
shall be both a written communication separate from
the Shop Drawing's or Sample Submittal; and, in
addition, by a specific notation made on each Shop
Drawing or Sample submitted to Engineer for review
and approval of each such variation.
D. Engineer's Review
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A. To the fullest extent permitted by Laws
and Regulations, Contractor shall indemnify and
hold harmless Owner and Engineer, and the officers,
directors, partners, employees, agents, consultants
and subcontractors of each and any of them from
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1. Engineer will provide timely review of
Shop Drawings and Samples in accordance with the
Schedule of Submittals acceptable to Engineer.
Engineer's review and approval will be only to deter-
mine if the items covered by the submittals will, after
installation or incorporation in the Work, conform to
the information given in the Contract Documents and
be compatible with the design concept of the
completed Project as a functioning whole as
indicated by the Contract Documents.
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2. Engineer's review and approval will not
extend to means, methods, techniques, sequences,
or procedures of construction (except where a
particular means, method, technique, sequence, or
procedure of construction is specifically and ex-
pressly 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.
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3. Engineer's review and approval shall not
relieve Contractor from responsibility for any
variation from the requirements of the Contract
Documents unless Contractor has complied with the
requirements of Paragraph 6.17.C.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.
Engineer's review and approval shall not relieve
Contractor from responsibility for complying with the
requirements of Paragraph 6.17.C.1.
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E. Resubmittal Procedures
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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. Contractor shall direct specific attention in
writing to revisions other than the corrections called
for by Engineer on previous submittals.
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6.18 Continuing the Work
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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 permitted by
Paragraph 15.04 or as Owner and Contractor may
otherwise agree in writing.
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6.19 Contractor's General Warranty and Guaran-
tee
A. Contractor warrants and guarantees to
Owner that all Work will be in accordance with the
Contract Documents and will not be defective.
Engineer and its Related Entities shall be entitled to
rely on representation of Contractor's warranty and
guarantee.
B. Contractor's warranty and guarantee
hereunder excludes defects or damage caused by:
1. abuse, modification, or improper main-
tenance or operation by persons other than
Contractor, Subcontractors, Suppliers, or any other
individual or entity for whom Contractor is
responsible; or
2. normal wear and tear under normal
usage.
C. Contractor's obligation to perform and
complete the Work in accordance with the Contract
Documents shall 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:
1. observations by Engineer;
2. recommendation by Engineer or payment
by Owner of any progress or final 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 review and approval of a Shop Draw-
ing or Sample submittal or the issuance of a notice
of acceptability by Engineer;
6. any inspection, test, or approval by
others; or
7. any correction of defective Work by
Owner.
6.20 Indemnification
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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 is attributable to bodily
injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the Work
itself), including the loss of use resulting therefrom
but only to the extent caused by any negligent 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 .
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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
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, 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.
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C. The indemnification obligations of
Contractor under Paragraph 6.20.A shall not extend
to the liability of Engineer and Engineer's officers,
directors, partners, employees, agents, consultants
and subcontractors arising out of:
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1. the preparation or approval of, or the
failure to prepare or approve, maps, Drawings,
opinions, reports, surveys, Change Orders, designs,
or Specifications; or
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2. giving directions or instructions, or failing
to give them, if that is the primary cause of the injury
or damage.
6.21 Delegation of Professional Design Services
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A. Contractor will not be required to provide
professional design services unless such services
are specifically required by the Contract Documents
for a portion of the Work or unless such services are
required to carry out Contractor's responsibilities for
construction means, methods, techniques,
sequences and procedures. Contractor shall not be
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required to provide professional services in violation
of applicable law.
B. If professional design services or
certifications by a design professional related to
systems, materials or equipment are specifically
required of Contractor by the Contract Documents,
Owner and Engineer will specify all performance and
design criteria that such services must satisfy.
Contractor shall cause such services or certifications
to be provided by a properly licensed professional,
whose signature and seal shall appear on all
drawings, calculations, specifications, certifications,
Shop Drawings and other submittals prepared by
such professional. Shop Drawings and other
submittals related to the Work designed or certified
by such professional, if prepared by others, shall
bear such professional's written approval when
submitted to Engineer.
C. Owner and Engineer shall be entitled to
rely upon the adequacy, accuracy and completeness
of the services, certifications or approvals performed
by such design professionals, provided Owner and
Engineer have specified to Contractor all
performance and design criteria that such services
must satisfy.
D. Pursuant to this Paragraph 6.21,
Engineer's review and approval of design
calculations and design drawings will be only for the
limited purpose of checking for conformance with
performance and design criteria given and the
design concept expressed in the Contract
Documents. Engineer's review and approval of Shop
Drawings and other submittals (except design
calculations and design drawings) will be only for the
purpose stated in Paragraph 6.17.0.1.
E. Contractor shall not be responsible for the
adequacy of the performance or design criteria
required by the Contract Documents.
ARTICLE 7 - OTHER WORK AT THE SITE
7.01
Related Work at Site
A. Owner may perform other work related to
the Project at the Site with Owner's employees, or
via other direct contracts therefor, or have other
work performed by utility owners. If such other work
is not noted in the Contract Documents, then:
1. written notice thereof will be given to
Contractor prior to starting any such other work; and
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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,
each utility owner and Owner, if Owner is performing
other work with Owner's employees, proper and safe
access to the Site, 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. Contractor
shall do all cutting, fitting, and patching of the Work
that may be required to properly 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
only cut or alter their work with the written consent of
Engineer and the others whose work will be affect-
ed. 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 per-
formed by others under this Article 7, Contractor
shall inspect such other work and promptly report to
Engineer in writing any delays, defects, or deficien-
cies in such other work that render it unavailable or
unsuitable for the proper execution and results of
Contractor's Work. Contractor's failure to so report
will constitute an acceptance of such other work as
fit and 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 responsi-
bilities will be provided.
B. Unless otherwise provided in the
Supplementary Conditions, Owner shall have sole
authority and responsibility for such coordination.
7.03 Legal Relationships
A. Paragraphs 7.01.A and 7.02 are not
applicable for utilities not under the control of Owner.
B. Each other direct contract of Owner under
Paragraph 7.01.A shall provide that the other
contractor is liable to Owner and Contractor for the
reasonable direct delay and disruption costs
incurred by Contractor as a result of the other
contractor's actions or inactions.
C. Contractor shall be liable to Owner and
any other contractor for the reasonable direct delay
and disruption costs incurred by such other
contractor as a result of Contractor's action or
inactions.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these
General Conditions, Owner shall issue all communi-
cations to Contractor through Engineer.
8.02 Replacement of Engineer
A. In case of termination of the employment
of Engineer, Owner shall appoint an engineer to
whom Contractor 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 When Due
A. Owner shall make payments to
Contractor when they are due as provided in
Paragraphs 14.02.C and 14.07.C.
8.05 Lands and Easements; Reports and Tests
A. Owner's duties in respect of providing
lands and easements and providing engineering
surveys to establish reference points are set forth in
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A. If Owner and Engineer agree, Engineer
will furnish a Resident Project Representative to
assist Engineer in providing more extensive
observation of the Work. The authority and
responsibilities of any such Resident Project
Representative and assistants will be as provided in
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Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to
Owner's identifying and making available to
Contractor copies of reports of explorations 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.
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8.06 Insurance
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A. Owner's responsibilities, if any, in respect
to purchasing and maintaining liability and property
insurance are set forth in Article 5.
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8.07 Change Orders
A. Owner is obligated to execute Change
Orders as indicated in Paragraph 10.03.
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8.08 Inspections, Tests, and Approvals
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A. Owner's responsibility in respect to
certain inspections, tests, and approvals is set forth
in Paragraph 13.03.B.
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8.09 Limitations on Owner's Responsibilities
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A. The Owner shall not supervise, direct, or
have control or authority over, nor be responsible
for, Contractor's means, methods, techniques, se-
quences, 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. Owner will not be responsible for Contractor's
failure to perform the Work in accordance with the
Contract Documents.
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8.10 Undisclosed Hazardous Environmental
Condition
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A. Owner's responsibility in respect to an
undisclosed Hazardous Environmental Condition is
set forth in Paragraph 4.06.
8.11 Evidence of Financial Arrangements
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A. If and to the extent Owner has agreed to
furnish Contractor reasonable evidence that financial
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.
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04/08 Final Version
ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
9.01 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 Visits to Site
A. Engineer will make visits to the Site at
intervals appropriate to the various stages of
construction as Engineer deems necessary in order
to observe as an experienced and 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 not be required to make
exhaustive or continuous inspections on the Site to
check the quality or quantity of the Work. Engineer's
efforts will be directed toward providing for Owner a
greater degree of confidence that the completed
Work will conform generally to the Contract
Documents. On the basis of such visits 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 9.09.
Particularly, but without limitation, 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, or procedures of construc-
tion, 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
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the Supplementary Conditions, and limitations on
the responsibilities thereof will be as provided in
Paragraph 9.09. If Owner designates another
representative or agent to represent Owner at the
Site who is not Engineer's consultant, agent or em-
ployee, the responsibilities and authority and
limitations thereon of such other individual or entity
will be as provided in the Supplementary Conditions.
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9.04 Authorized Variations in Work
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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 as a functioning whole as indicated by the
Contract Documents. These may be accomplished
by a Field Order and will be binding on Owner and
also on Contractor, who shall perform the Work in-
volved promptly. If Owner or Contractor believes that
a Field Order justifies an adjustment in the Contract
Price or Contract Times, or both, and the parties 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.
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9.05 Rejecting Defective Work
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A. Engineer will have authority to reject
Work which Engineer believes to be defective, 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 the 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.
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9.06 Shop Drawings, Change Orders and
Payments
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A. In connection with Engineer's authority,
and limitations thereof, as to Shop Drawings and
Samples, see Paragraph 6.17.
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B. In connection with Engineer's authority,
and limitations thereof, as to design calculations and
design drawings submitted in response to a
delegation of professional design services, if any,
see Paragraph 6.21.
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C. In connection with Engineer's authority as
to Change Orders, see Articles 10, 11, and 12.
D. In connection with Engineer's authority as
to Applications for Payment, see Article 14.
9.07 Determinations for Unit Price Work
A. Engineer will determine the actual quanti-
ties and classifications of Unit Price Work performed
by Contractor. Engineer will review with Contractor
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 final and binding (except as modified by
Engineer to reflect changed factual conditions or
more accurate data) upon Owner and Contractor,
subject to the provisions of Paragraph 10.05.
9.08 Decisions on Requirements of Contract
Documents and Acceptability of Work
A. Engineer will be the initial interpreter of
the requirements of the Contract Documents and
judge of the acceptability of the Work thereunder. All
matters in question and other matters between
Owner and Contractor arising prior to the date final
payment is due relating to the acceptability of the
Work, and the interpretation of the requirements of
the Contract Documents pertaining to the
performance of the Work, will be referred initially to
Engineer in writing within 30 days of the event giving
rise to the question
B. Engineer will, with reasonable
promptness, render a written decision on the issue
referred. If Owner or Contractor believe that any
such decision entitles them to an adjustment in the
Contract Price or Contract Times or both, a Claim
may be made under Paragraph 10.05. The date of
Engineer's decision shall be the date of the event
giving rise to the issues referenced for the purposes
of Paragraph 10.05.B.
C. Engineer's written decision on the issue
referred will be final and binding on Owner and
Contractor, subject to the provisions of Paragraph
10.05.
D. When functioning as interpreter and
judge under this Paragraph 9.08, Engineer will not
show partiality to Owner or Contractor and will not
be liable in connection with any interpretation or
decision rendered in good faith in such capacity.
9.09 Limitations on Engineer's Authority and
Responsibilities
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A. Neither Engineer's authority or respon-
sibility under this Article 9 or under any other provi-
sion of the Contract Documents nor any decision
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made by Engineer in good faith either to exercise or
not exercise such authority or responsibility or the
undertaking, exercise, or performance 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.
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B. Engineer will not supervise, direct,
control, or have authority over or be responsible for
Contractor's means, methods, techniques, se-
quences, 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. Engineer will not be responsible for
Contractor's failure to perform the Work in accor-
dance with the Contract Documents.
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C. Engineer will not 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.
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D. Engineer's review of the final Application
for Payment and accompanying documentation and
all maintenance and operating instructions,
schedules, guarantees, bonds, certificates of
inspection, tests and approvals, and other documen-
tation required to be delivered by Paragraph 14.07.A
will only be to determine 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.
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E. The limitations upon authority and
responsibility set forth in this Paragraph 9.09 shall
also apply to, the Resident Project Representative, if
any, and assistants, if any.
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ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
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10.01 Authorized Changes in the Work
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A Without invalidating the Contract and
without notice to any surety, Owner may, at any time
or from time to time, order additions, deletions, or
revisions in the Work by 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).
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B. If Owner and Contractor are unable to
agree on entitlement to, or on the amount or extent,
if any, of an adjustment in the Contract Price or
Contract Times, or both, that should be allowed as a
result of a Work Change Directive, a Claim may be
made therefor as provided in Paragraph 10.05.
10.02 Unauthorized Changes in the Work
AContractor 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 covering:
1. changes in the Work which are: (i)
ordered by Owner pursuant to Paragraph 10.01.A,
(ii) required because of acceptance of defective
Work under Paragraph 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 performed in accordance with a Work
Change Directive; and
3. changes in the Contract Price or Contract
Times which embody the substance of any written
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, Contractor shall carry on the Work and
adhere to the Progress Schedule as provided in
Paragraph 6.18.A.
10.04 Notification to Surety
A If notice 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 applicable bond
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will be adjusted to reflect the effect of any such
change.
10.05 Claims
A. Engineer's Decision Required: All Claims,
except those waived pursuant to Paragraph 14.09,
shall be referred to the Engineer for decision. A
decision by Engineer shall be required as a
condition precedent to any exercise by Owner or
Contractor of any rights or remedies either may
otherwise have under the Contract Documents or by
Laws and Regulations in respect of such Claims.
B. Notice: Written notice stating the general
nature of each Claim, shall be delivered by the
claimant to Engineer and the other party to the
Contract promptly (but in no event later than 30
days) after the start of the event giving rise thereto.
The responsibility to substantiate a Claim shall rest
with the party making the Claim. Notice of the
amount or extent of the Claim, with supporting data
shall be delivered to the Engineer and the other
party to the Contract within 60 days after the start of
such event (unless Engineer allows additional time
for claimant to submit additional or more accurate
data in support of such Claim). 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 accom-
panied by claimant's written statement that the
adjustment 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).
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C. Engineer's Action: Engineer will review
each Claim and, within 30 days after receipt of the
last submittal of the claimant or the last submittal of
the opposing party, if any, take one of the following
actions in writing:
1. deny the Claim in whole or in part,
2. approve the Claim, or
3. notify the parties that the Engineer is
unable to resolve the Claim if, in the Engineer's sole
discretion, it would be inappropriate for the Engineer
to do so. For purposes of further resolution of the
Claim, such notice shall be deemed a denial.
D. In the event that Engineer does not take
action on a Claim within said 30 days, the Claim
shall be deemed denied.
E. Engineer's written action under
Paragraph 10.05.C or denial pursuant to Paragraphs
10.05.C.3 or 10.05.0 will be final and binding upon
Owner and Contractor, unless Owner or Contractor
invoke the dispute resolution procedure set forth in
Article 16 within 30 days of such action or denial.
F. No Claim for an adjustment in Contract
Price or Contract Times will be valid if not submitted
in accordance with this Paragraph 10.05.
ARTICLE 11 COST OF THE WORK;
ALLOWANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the
Work means the sum of all costs, except those
excluded in Paragraph 11.01.B, necessarily incurred
and paid by Contractor in the proper performance of
the Work. When the 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, 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 the 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 the 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 not be limited to, salaries and wages
plus the cost of fringe benefits, which shall include
social security contributions, unemployment, excise,
and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave,
vacation and holiday pay applicable thereto. The
expenses of performing Work outside of regular
working 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 fur-
nished and incorporated in the Work, including costs
of transportation and storage thereof, and Suppliers'
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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 discounts
shall accrue to Owner. All trade discounts, rebates
and refunds and returns from sale of surplus
materials and equipment shall accrue to Owner, and
Contractor shall make provisions so that they may
be obtained.
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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 fee, the Subcontractor's Cost of the
Work and fee shall be determined in the same
manner as Contractor's Cost of the Work and fee as
provided in this Paragraph 11.01.
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4. Costs of special consultants (including but
not limited to Engineers, architects, testing laborato-
ries, surveyors, attorneys, and accountants) em-
ployed for services specifically related to the Work.
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5. Supplemental costs including the
following:
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a. The proportion of necessary trans-
portation, travel, and subsistence expenses
of Contractor's employees incurred in dis-
charge of duties connected with the Work.
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b. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment,
machinery, appliances, office, and tempo-
rary facilities at the Site, and hand tools not
owned by the workers, which are consumed
in the performance of the Work, and cost,
less market value, of such items used but
not consumed which remain the property of
Contractor.
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c. Rentals of all construction equipment and
machinery, and the parts thereof whether
rented from Contractor or others in accor-
dance 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. The
rental of any such equipment, machinery, or
parts shall cease when the use thereof is no
longer necessary for the Work.
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d. Sales, consumer, use, and other similar
taxes related to the Work, and for which
Contractor is liable, imposed by Laws and
Regulations.
e. Deposits lost for causes other 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, 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 connection with
the performance of the Work (except losses
and damages within the deductible amounts
of property insurance established in
accordance with Paragraph 5.06.0),
provided such losses and damages have
resulted from causes other than the 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. 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
determining 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, expresses, and similar petty
cash items in connection with the Work.
i. 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
partnerships and sole proprietorships), general
managers, safety managers, engineers, architects,
estimators, attorneys, auditors, 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
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agreed upon schedule of job classifications referred
to in Paragraph 11.01.A.1 or specifically covered by
Paragraph 11.01.A.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 than Contractor's office at the
Site.
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 them may be liable, including but not 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 11.01.A and
11.01.B.
C. Contractor's Fee: When all the Work is
performed on the basis of cost-plus, Contractor's fee
shall be determined as set forth in the Agreement.
When the value of any Work covered by a Change
Order or when a Claim for an adjustment in Contract
Price is determined on the basis of Cost of the Work,
Contractor's fee shall be determined as set forth in
Paragraph 12.01.C.
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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 ac-
counting practices and submit in a form acceptable
to Engineer an itemized cost breakdown together
with supporting data.
11.02 Allowances
A. It is understood that Contractor has in-
cluded in the Contract Price all allowances so
named in the Contract Documents and shall cause
the Work so covered to be performed for such sums
and by such persons or entities as may be
acceptable to Owner and Engineer.
B. Cash Allowances
1. Contractor agrees that:
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a. the cash allowances include the cost to
Contractor (less any applicable trade
discounts) of materials and equipment
required by the allowances to be delivered
at the Site, and all applicable taxes; and
b. Contractor's costs for unloading and
handling on the Site, labor, installation ,
overhead, profit, and other expenses
contemplated for the cash allowances have
been included in the Contract Price and not
in the allowances, and no demand for addi-
tional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance
1. Contractor agrees that a contingency
allowance, if any, is for the sole use of Owner to
cover unanticipated costs.
D. 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 Contract Price will be deemed to include
for all Unit Price Work an amount equal to 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 Agreement.
B. 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 9.07.
C. 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.
D. Owner or Contractor may make a Claim
for an adjustment in the Contract Price in accor-
dance 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
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2. there is no corresponding adjustment with
respect any other item of Work; and
3. 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.
ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A. The Contract Price may only be changed
by a Change Order. Any Claim for an adjustment in
the Contract Price 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. 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
application of such unit prices to the quantities of the
items involved (subject to the provisions of
Paragraph 11.03); or
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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 12.01.C.2); or
3. where the Work involved is not covered
by unit prices contained in the Contract Documents
and agreement 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
(determined 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:
a. for costs incurred under Paragraphs
11.01.A.1 and 11.01.A.2, the Contractor's
fee shall be 15 percent;
b. for costs incurred under Paragraph
11.01.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 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.1
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 the next lower tier Subcontractor;
d. no fee shall be payable on the basis of
costs itemized under Paragraphs 11.01.A.4,
11.01.A.5, and 11.01.B;
e. the amount of credit to be allowed by
Contractor to Owner for any change which
results in a net decrease in cost will be the
amount of 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 the net change in accordance with
Paragraphs 12.01. C.2.a through
12.01.C.2.e, inclusive.
12.02 Change of Contract Times
A. The Contract Times may only be changed
by a Change Order. Any Claim for an adjustment in
the Contract Times 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
covered by a Change Order or any Claim for an
adjustment in the Contract Times will be determined
in accordance with the provisions of this Article 12.
12.03 Delays
A. Where Contractor is prevented from
completing any part of the Work within the Contract
Times due to delay beyond the control of Contractor,
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the Contract Times 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, acts or neglect by
Owner, acts or neglect of utility owners or other
contractors performing other work as contemplated
by Article 7, fires, floods, epidemics, abnormal
weather conditions, or acts of God.
B. If Owner, Engineer, or other contractors
or utility owners performing other work for Owner as
contemplated by Article 7, or anyone for whom
Owner is responsible, delays, disrupts, or interferes
with the performance or progress of the Work, then
Contractor shall be entitled to an equitable
adjustment in the Contract Price or the Contract
Times , or both. Contractor's entitlement to an
adjustment of the Contract Times is conditioned on
such adjustment being essential to Contractor's
ability to complete the Work within the Contract
Times.
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C If Contractor is delayed in the
performance or progress of the Work by fire, flood,
epidemic, abnormal weather conditions, acts of God,
acts or failures to act of utility owners not under the
control of Owner, or other causes not the fault of and
beyond control of Owner and Contractor, then
Contractor shall be entitled to an equitable
adjustment in Contract Times, if such adjustment is
essential to Contractor's ability to complete the Work
within the Contract Times. Such an adjustment shall
be Contractor's sole and exclusive remedy for the
delays described in this Paragraph 12.03.C.
D. Owner, Engineer and the Related Entities
of each of them shall not be liable to Contractor for
any claims, costs, losses, or 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)
sustained by Contractor on or in connection with any
other project or anticipated project.
E. Contractor shall not be entitled to an
adjustment in Contract Price or Contract Times for
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.
ARTICLE 13 - TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt 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, their consultants and
other representatives and personnel of Owner,
independent testing laboratories, and governmental
agencies with jurisdictional interests will have access
to the Site and the Work at reasonable times for
their observation, inspecting, and testing. Contractor
shall provide them proper and safe conditions for
such access and advise them of Contractor's Site
safety procedures and programs so that they may
comply therewith as applicable.
13.03 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
with 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 13.03. C and 13.03.0 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.C; and
3. as otherwise specifically provided in the
Contract Documents.
C. If Laws or Regulations of any public body
having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested, 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 inspec-
tion or approval.
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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 designs, or
equipment submitted for approval prior to
Contractor's purchase thereof for incorporation in
the Work. Such inspections, tests, or approvals shall
be performed by organizations acceptable to Owner
and Engineer.
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E. If any Work (or the work of others) that is
to be inspected, tested, or approved is covered by
Contractor without written concurrence of Engineer,
it must, if requested by Engineer, be uncovered for
observation.
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F. Uncovering Work as provided in
Paragraph 13.03. E shall be at Contractor's expense
unless Contractor has given Engineer timely notice
of Contractor's intention to cover the same and
Engineer has not acted with reasonable promptness
in response to such notice.
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13.04 Uncovering Work
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A. If any Work is covered contrary to the
written request of Engineer, it must, if requested by
Engineer, be uncovered for Engineer's observation
and replaced at Contractor's expense.
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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 otherwise make available for observation,
inspection, or testing as Engineer may require, that
portion of the Work in question, furnishing all neces-
sary labor, material, and equipment.
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C. If it is found that the uncovered Work is
defective, 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) arising out of or
relating to such uncovering, exposure, observation,
inspection, and testing, and of satisfactory
replacement or reconstruction (including but not
limited to all costs of repair or replacement of work of
others); and Owner shall be entitled to an
appropriate decrease in the Contract Price. If the
parties are unable to agree as to the amount thereof,
Owner may make a Claim therefor as provided in
Paragraph 10.05.
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D. If, the uncovered Work is not found to be
defective, Contractor shall be allowed an increase in
the Contract Price or an extension of the Contract
Times, or both, directly attributable to such
uncovering, exposure, observation, inspection,
testing, replacement, and reconstruction. If the
parties are unable to agree as to the amount or
extent thereof, Contractor may make a Claim
therefor as provided in Paragraph 10.05.
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 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 them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of notice,
Contractor shall correct all defective Work, whether
or not fabricated, installed, or completed, or, if the
Work has been rejected by Engineer, remove it from
the Project and replace it with Work that is not
defective. Contractor shall pay all claims, costs,
losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys,
and other professionals and all court or arbitration or
other dispute resolution costs) arising out of or
relating to such correction or removal (including but
not limited to all costs of repair or replacement of
work of others).
B. When correcting defective Work under
the terms of this Paragraph 13.06 or Paragraph
13.07, Contractor shall take no action that would
void or otherwise impair Owner's special warranty
and guarantee, if any, on said Work.
13.07 Correction Period
A. If within one year after the date of
Substantial Completion (or such longer period of
time as may be prescribed by the terms of any
applicable special guarantee required by the
Contract Documents) or by any specific provision of
the Contract Documents, any Work is found to be
defective, or if the repair of any damages to the land
or areas made available for Contractor's use by
Owner or permitted by Laws and Regulations as
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contemplated in Paragraph 6.11.A is found to be
defective, Contractor shall promptly, without cost to
Owner and in accordance with Owner's written
instructions:
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1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by
Owner, remove it from the Project and replace it with
Work that is not defective, and
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4. satisfactorily correct or repair or remove
and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
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B. If Contractor does not promptly comply
with the terms of Owner's written instructions, or in
an emergency where delay would cause serious risk
of loss or damage, Owner may have the defective
Work corrected or repaired or may have the rejected
Work removed and replaced. 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 such correction or repair or such removal
and replacement (including but not limited to all
costs of repair or replacement of work of others) will
be paid by Contractor.
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C. In special circumstances where a particu-
lar item of equipment is placed in continuous service
before Substantial Completion of all the Work, the
correction period for that item may start to run from
an earlier date if so provided in the Specifications.
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D. 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.
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E. Contractor's obligations under this
Paragraph 13.07 are in addition to any other
obligation or warranty. The provisions of this
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.
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13.08 Acceptance of Defective Work
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A. If, instead of requiring correction or
removal and replacement of defective Work, Owner
(and, prior to Engineer's recommendation of final
payment, Engineer) prefers to accept it, Owner may
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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 to 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 recommen-
dation of final payment, 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, reflecting the diminished value
of Work 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 to comply with any
other provision of the Contract Documents, Owner
may, after seven days written notice to Contractor,
correct or remedy any such deficiency.
B. In exercising the rights and remedies
under this Paragraph 13.09, Owner shall proceed
expeditiously. In connection with such corrective or
remedial action, Owner may exclude Contractor from
all or part of the Site, take possession of all or part of
the Work and suspend Contractor's services related
thereto, take possession of Contractor's tools,
appliances, construction equipment and machinery
at the Site, and incorporate 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 enable 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 other
professionals and all court or arbitration or other
dispute resolution costs) incurred or sustained by
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Owner in exercising the rights and remedies under
this Paragraph 13.09 will be charged against
Contractor, 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 exten-
sion of the Contract Times 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.
14.02 Progress Payments
A. Applications for Payments
1. At least 20 days before the date estab-
lished in the Agreement 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 Docu-
ments. If payment is requested on the basis of
materials and equipment not incorporated in the
Work but delivered and suitably stored at the Site or
at another location agreed to in writing, the Applica-
tion for Payment shall also be accompanied by a bill
of sale, invoice, or other documentation warranting
that Owner has received the materials and equip-
ment free and clear of all Liens and evidence that
the materials and equipment are covered by
appropriate property insurance or other arrange-
ments to protect Owner's interest therein, all of
which must be satisfactory to Owner.
2. Beginning with the second Application for
Payment, each Application shall include an affidavit
of Contractor stating that all previous progress
payments received on account of the Work have
been applied on account to discharge Contractor's
legitimate obligations associated with prior
Applications for Payment.
3. The amount of retainage with respect to
progress 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
the Application to Owner or return 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 pay-
ment requested in an Application for Payment will
constitute a representation by Engineer to Owner,
based on Engineer's observations on the Site of the
executed Work as an experienced and qualified
design professional and on Engineer's review of the
Application for Payment and the accompanying data
and schedules, that to the best of Engineer's
knowledge, information and belief:
a. the Work has progressed to the point
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 9.07, and to any
other qualifications stated in the
recommendation); and
c. the conditions precedent to Contractor's
being entitled to such payment appear to
have been fulfilled in so far as it is
Engineer's responsibility to observe the
Work.
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3. By recommending any such payment
Engineer will not thereby be deemed to have
represented that:
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a. 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 as-
signed to Engineer in the Contract Docu-
ments; or
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b. that there may not be other matters or
issues between the parties that might entitle
Contractor to be paid additionally by Owner
or entitle Owner to withhold payment to
Contractor.
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4. Neither Engineer's review of Contractor's
Work for the purposes of recommending payments
nor Engineer's recommendation of any payment,
including final payment, will impose responsibility on
Engineer:
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a. to supervise, direct, or control the Work,
or
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b. for the means, methods, techniques,
sequences, or procedures of construction, or
the safety precautions and programs
incident thereto, or
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c. for Contractor's failure to comply with
Laws and Regulations applicable to
Contractor's performance of the Work, or
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d. to make any examination to ascertain how
or for what purposes Contractor has used
the moneys paid on account of the Contract
Price, or
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e. to determine that title to any of the Work,
materials, or equipment has passed to
Owner free and clear of any Liens.
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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
representations to Owner stated 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
inspections 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:
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a. the Work is defective, or completed Work
has been damaged, requiring correction or
replacement;
b. the Contract Price has been reduced by
Change Orders;
c. Owner has been required to correct
defective Work or complete Work in accor-
dance with Paragraph 13.09; or
d. Engineer has actual knowledge of the
occurrence of any of the events enumerated
in Paragraph 15.02.A.
C. Payment Becomes Due
1. Ten days after presentation of the
Application for Payment to Owner with Engineer's
recommendation, the amount recommended will
(subject to the provisions of Paragraph 14.02.0)
become due, and when due will be paid by Owner to
Contractor.
D. Reduction in Payment
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 with
the 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-off against the amount recommended; or
d. Owner has actual knowledge of the 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 will
give Contractor immediate written notice (with a
copy to Engineer) stating the reasons for such action
and promptly pay Contractor any amount remaining
after deduction of the amount so withheld. Owner
shall promptly pay Contractor the amount so with-
held, or any adjustment thereto agreed to by Owner
and Contractor, when Contractor corrects to Owner's
satisfaction the reasons for such action.
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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 Warranty of Title
A. Contractor warrants and guarantees that
title to all Work, materials, and equipment covered
by any Application for Payment, whether incor-
porated in the Project or not, will pass to Owner no
later than the time of payment free and clear of all
Liens.
14.04 Substantial Completion
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 that Engineer issue a certificate of
Substantial Completion.
B. Promptly after Contractor's notification, ,
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.
C. If Engineer considers the Work
substantially complete, Engineer will 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 items to be completed or
corrected before final 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 the tentative certificate to Owner notify
Contractor in writing, stating the reasons therefor. If,
after consideration of Owner's objections, Engineer
considers the Work substantially complete, Engineer
will within said 14 days execute and deliver to
Owner and Contractor a definitive certificate of Sub-
stantial Completion (with a revised tentative list of
items to be completed or corrected) reflecting such
changes from the tentative certificate as Engineer
believes justified after consideration of any
objections from Owner.
D. At the time of delivery of the tentative
certificate of Substantial Completion, Engineer will
deliver to Owner and Contractor a written
recommendation as to division of responsibilities
pending final payment between Owner and
Contractor with respect to security, operation, safety,
and protection of the Work, maintenance, heat,
utilities, insurance, 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
Substantial Completion, Engineer's aforesaid recom-
mendation will be binding on Owner and Contractor
until final payment.
E. Owner shall have the right to exclude
Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor
reasonable access to complete or correct items on
the tentative list.
14.05 Partial Utilization
A. Prior to Substantial Completion of all the
Work, Owner may use or occupy any substantially
completed part 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 the Work
that can be used by Owner for its intended purpose
without significant interference with Contractor's
performance of the remainder of the Work, subject to
the following conditions.
1. Owner at any time may request
Contractor in writing to permit Owner to use or
occupy any such part of the Work which Owner
believes to be ready for its intended use and
substantially complete. If and when 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.
2. Contractor at any time may notify Owner
and Engineer in writing that Contractor considers
any such part of the Work ready for its intended use
and substantially complete and request Engineer to
issue a certificate of Substantial Completion for that
part of the Work.
3. 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
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Completion of that part of the Work and the division
of responsibility in respect thereof and access
thereto.
4. No use or 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 Finallnspection
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
Contractor in writing of all particulars in which this
inspection reveals that the Work is incomplete or
defective. Contractor shall immediately take such
measures as are necessary to complete such Work
or remedy such deficiencies.
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14.07 Final Payment
A. Application for Payment
1. After Contractor has, in the opinion of
Engineer, satisfactorily completed all corrections
identified during the final inspection and has
delivered, in accordance with the Contract Docu-
ments, all maintenance and operating instructions,
schedules, guarantees, 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:
a. all documentation called for in the
Contract Documents, including but not
limited to the evidence of insurance required
by Paragraph 5.04.B.7;
b. consent of the surety, if any, to final
payment;
c. a list of all Claims against Owner that
Contractor believes are unsettled; and
d. complete and legally effective releases or
waivers (satisfactory to Owner) of all Lien
rights arising out of or Liens filed 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 which Owner or Owner's property might in
any way be responsible 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.
B. Engineer's 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 final Application for
Payment and accompanying documentation as re-
quired 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 final Application for
Payment, indicate in writing Engineer's recommen-
dation of payment and present the Application for
Payment to Owner for payment. At the same time
Engineer will also give written notice to Owner and
Contractor that the Work is acceptable subject to the
provisions of Paragraph 14.09. Otherwise, Engineer
will return the Application for Payment to Contractor,
indicating in writing the reasons for refusing to
recommend final payment, in which case Contractor
shall make the necessary corrections and resubmit
the Application for Payment.
C. Payment Becomes Due
1. Thirty days after the presentation to
Owner of the Application for Payment and
accompanying documentation, the amount
recommended by Engineer, less any sum Owner is
entitled to set off against Engineer's
recommendation, including but not limited to
liquidated damages, will become due and , will be
paid by Owner to Contractor.
14.08 Final Completion Delayed
A. If, through no fault of Contractor, final
completion of the Work is significantly delayed, and
if Engineer so confirms, Owner shall, upon receipt of
Contractor's final Application for Payment (for Work
fully completed and accepted) and recommendation
of Engineer, and without terminating the Contract,
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
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retainage stipulated in the Agreement, and if bonds
have been furnished as required in Paragraph 5.01,
the written consent of the surety to the payment of
the balance due for that portion of the Work fully
completed and accepted shall be submitted by
Contractor 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 final pay-
ment will constitute:
1. a waiver of all Claims by Owner against
Contractor, except Claims arising from unsettled
Liens, from defective Work appearing after final
inspection pursuant to Paragraph 14.06, from failure
to comply with the Contract Documents or the terms
of any special guarantees specified therein, or from
Contractor's continuing obligations under the
Contract Documents; and
2. a waiver of all Claims by Contractor
against Owner other than those previously made in
accordance with the requirements herein and
expressly acknowledged by Owner in writing as still
unsettled.
ARTICLE 15 - SUSPENSION OF WORK AND
TERMINATION
15.01 Owner May Suspend Work
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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 Contractor and Engineer which
will fix the date on which Work will be resumed.
Contractor shall resume the Work on the date so
fixed. Contractor shall be granted 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 Terminate for Cause
A. The occurrence of anyone or more of the
following events will justify termination for cause:
1. Contractor's persistent failure to perform
the Work in accordance with the Contract
Documents (including, but not limited to, failure to
supply sufficient 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 Regula-
tions 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 surety) seven days written notice of
its intent to terminate the services of Contractor:
1. exclude Contractor from the Site, and
take possession of the Work and of all Contractor's
tools, appliances, construction equipment, 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),
2. incorporate in the Work all materials and
equipment stored at the Site or for which Owner has
paid Contractor but which are stored elsewhere, and
3. complete the Work as Owner may deem
expedient.
C. If Owner proceeds as provided in
Paragraph 15.02. B, Contractor shall not be entitled
to receive any further payment until the Work is
completed. 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 court 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, when so approved by
Engineer, incorporated in a Change Order. When
exercising any rights or remedies under this
Paragraph Owner shall not be required to obtain the
lowest price for the Work performed.
D. Notwithstanding Paragraphs 15.02.B and
15.02.C, Contractor's services will not be terminated
if Contractor begins within seven days of receipt of
notice of intent to terminate to correct its failure to
perform and proceeds diligently to cure such failure
within no more than 30 days of receipt of said notice.
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E. Where Contractor's services have been
so terminated 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 not release Contractor from
liability.
F. If and to the extent that Contractor has
provided a performance bond under the provisions
of Paragraph 5.01.A, the termination procedures of
that bond shall supersede the provisions of
Paragraphs 15.02.B, and 15.02.C.
15.03 Owner May Terminate For Convenience
A. Upon seven days written notice to
Contractor and Engineer, Owner may, without cause
and without prejudice to any other right or remedy of
Owner, terminate the Contract. In such case,
Contractor shall be paid for (without duplication of
any items):
1. 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. expenses sustained prior to the effective
date of termination in performing services and fur-
nishing labor, materials, or equipment as required by
the Contract Documents in connection with uncom-
pleted Work, plus fair and reasonable sums for
overhead and profit on such expenses;
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3. 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
terminated contracts with Subcontractors, Suppliers,
and others; and
4. reasonable expenses directly attributable
to termination.
B. Contractor shall not be paid on account of
loss of anticipated profits or revenue or other eco-
nomic loss arising out of or resulting from such
termination.
15.04 Contractor May Stop Work or Terminate
A. If, through no act or fault of Contractor, (i)
the Work is suspended for more than 90 consecutive
days by Owner or under an order of court or other
public authority, or (ii) Engineer fails to act on any
Application for Payment within 30 days after it is
submitted, or (iii) Owner fails for 30 days to pay
Contractor any sum finally determined to 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.
B. In lieu of terminating the Contract and
without prejudice to any other right or remedy, if
Engineer 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 finally 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 or damage directly attributable to
Contractor's stopping the Work as permitted by this
Paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either Owner or Contractor may request
mediation of any Claim submitted to Engineer for a
decision under Paragraph 10.05 before such
decision becomes final and binding. The mediation
will be governed by the Construction Industry
Mediation Rules of the American Arbitration
Association in effect as of the Effective Date of the
Agreement. The request for mediation shall be
submitted in writing to the American Arbitration
Association and the other party to the Contract.
Timely submission of the request shall stay the
effect of Paragraph 10.05.E.
B. Owner and Contractor shall participate in
the mediation process in good faith. The process
shall be concluded within 60 days of filing of the
request. The date of termination of the mediation
shall be determined by application of the mediation
rules referenced above.
C. If the Claim is not resolved by mediation,
Engineer's action under Paragraph 10.05.C or a
denial pursuant to Paragraphs 10.05.C.3 or 10.05.0
shall become final and binding 30 days after
termination of the mediation unless, within that time
period, Owner or Contractor:
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1. elects in writing to invoke any dispute
resolution process provided for in the
Supplementary Conditions, or
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2. agrees with the other party to submit the
Claim to another dispute resolution process, or
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3. gives written notice to the other party of
their intent to submit the Claim to a court of
competent jurisdiction.
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ARTICLE 17 - MISCELLANEOUS
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17.01 Giving Notice
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A. Whenever any provision of the Contract
Documents requires the giving of written notice, it
will be deemed to have been validly given if:
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1. delivered in person to the individual or to
a member of the firm or to an officer of the
corporation for whom it is intended, or
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2. delivered at or sent by registered or
certified mail, postage prepaid, to the last business
address known to the giver of the notice.
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17.02 Computation of Times
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A. When any period of time is referred to in
the Contract Documents by days, it will be computed
to exclude the first and include the last day of such
period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal
holiday by the law of the applicable jurisdiction, such
day will be omitted from the computation.
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17.03 Cumulative Remedies
A. The 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 avail-
able to any or all of them which are otherwise im-
posed or available by Laws or Regulations, by
special warranty or guarantee, or by other provisions
of the Contract Documents. The provisions of this
Paragraph will be as effective as if repeated
specifically in the Contract Documents in connection
with each particular duty, obligation, right, and
remedy to which they apply.
17.04 Survival of Obligations
A. All representations, indemnifications, war-
ranties, 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 final payment,
completion, and acceptance of the Work or termina-
tion or completion of the Contract or termination of
the services of Contractor.
17.05 Controlling Law
A. This Contract is to be governed by the
law of the state in which the Project is located.
17.06 Headings
A. Article and paragraph headings are
inserted for convenience only and do not
constitute parts of these General Conditions.
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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 Award":
"When requested by OWNER, the Notice of Award may be issued by the
ENGINEER."
Add the following sentence to Paragraph 1.01.29 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 in the Project Manual, includes materials, fabrications,
systems and equipment.
1.54 Project Manual - The volume of written construction documents, including
the Bidding Documents, sample forms, and the Contract Documents, such as the
Conditions of the Contract and the Specifications.
1.55 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:
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" . (6) "
...SIX ....
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 - AVAILABILITY OF LANDS; SUBSURFACE AND
PHYSICAL CONDITIONS: REFERENCE POINTS
In Paragraph 4.02.A., change the term "...Suppementary Conditions..." to read:
"...bidding requirements...".
In Paragraph 4.02.8., change the term "Supplementary Conditions..." to read:
"...bidding requirements...".
ARTICLE 5 - BONDS AND INSURANCE
In the first line of Paragraph 5.04., following the word "...maintain...", insert the words:
"... in a company or companies licensed to do business in the State of
Florida,...".
In the last line of Paragraph 5.04.A.6., following the word "...vehicle.", insert the words:
"..., 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.:
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8. Include all major divisions of coverage and be on a comprehensive basis
including:
I. Premises Operations (including X, C and U coverages as applicable.
ii. Independent contractor's Protective.
iii. Products and Completed Operations.
iv. Personal Injury Liability with Employment Exclusion deleted.
v. Contractual Liability.
vi. Owned, non-owned and hired motor vehicles.
vii. Broad Form property Damage including Completed Operations.
9. Provide coverage for not less than the following amounts.
a.
b.
4.
5.
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Workers' Compensation, etc.
under paragraphs 5.4.1 and 5.4.2:
1.
State
Including employers liability
limits $1,000,000 each
accident, $1,000,000
disease policy limit,
$1,000,000 disease each
employee
Statutory
2.
Applicable Federal
(e.g. Longshoreman's and/or Maritime)
3.
Employer's Liability
$ 1.000,000.00
Contractor's Liability I nsurance under
Article 5.4, which shall also include
completed operations and product liability
coverages and eliminate the exclusion
with respect to property under the care,
custody and control of custody and
control of Contractor:
1.
General Aggregate (Except Products -
Completed Operations)
$ 1.000.000.00
2.
Products
Aggregate
Completed Operations $ 1,000,000.00
3. Personal and Advertising Injury (Per $ 1,000,000.00
Person/Organization)
Each Occurrence (Bodily Injury and
Property Damage)
$ 1,000.000.00
Property Damage liability insurance will $ 1,000,000.00
provide Explosion, Collapse and
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Underground coverages 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 $ 1,000,000.00
applies
c. Automobile Liability under paragraph
5.4.6:
1. Bodily Injury:
Each Person $ 1.000,000.00
Each Accident $ 1,000,000.00
Property Damage:
Each Occurrence $ 1,000,000.00
OR 2. Bodily Injury and Property Damage
Combined Single Limit:
Each Occurrence $ 1,000.000.00
Aggregate $ 1,000.000.00
d. Additional liability coverage for OWNER and ENGINEER shall be provided by
endorsement as additional insureds on Contractor's General Liability Policy. Add
the following names:
OWNER -
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
ARCHITECT -
Cubellis
1800 Eller Drive, Suite 500
Fort Lauderdale, Florida 33316
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:
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a. One dollar ($1.00) in hand paid by OWNER, ENGINEER, and
ENGINEER's employees to CONTRACTOR, receipt whereof is hereby
acknowledged and the adequacy of which CONTRACTOR accepts as
completely fulfilling the obligations of OWNER, ENGINEER, and
ENGINEER's employees under the requirements of Section 725.06,
Florida Statutes, and;
b. The entry of OWNER and CONTRACTOR into the construction contract
because, but for CONTRACTOR's promises as contained in the General
Conditions, OWNER would not have entered into the construction
contract with CONTRACTOR."
Add the following after Paragraph 5.06.E:
"F. The form of policy for this coverage shall be Completed Value.
G. If, under the provisions of this insurance, there are mandatory deductibles, or
if OWNER elects to increase the mandatory deductibles or purchase this
insurance with voluntary deductible amounts, then OWNER shall be responsible
for payment of the full amount of the deductible in the event of a paid claim."
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").
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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
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 13.03.8. 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."
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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.1., change the phrase "At least twenty days before
each progress payment is scheduled (but not more often than once a month), ..." to read:
"By no later than the first day of the month, ...".
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. 1 and for each
subsequent application thereafter. For each application for payment
(excluding Application No.1) the Contractor shall submit with the
application Partial Releases of Liens for all Notice to Owners that have
been received for the project by the Owner and Engineer".
5. With each Application for Payment, the Contractor shall submit supporting
records and other evidence, in a form and amount acceptable to the City
and the 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.
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. Applications 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: (1) 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
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b)
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.
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
upon in writing.
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 11.01.C or, if the Contractor's Fee is stated as a
fixed sum, then it shall be an amount that bears the same ratio to
that fixed-sum fee as the Cost of the Work in the two preceding
clauses bears to a reasonable estimate of the probable Cost of
Work upon completion.
subtract the aggregate of the previous payments made by the
Owner;
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;
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."
c)
d)
e)
f)
In Paragraph 14.02.8., change the beginning of the sentence:from "Ten days..." to read:
"Forty-five days...".
In Paragraph 14.02.C.1, insert the following:
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
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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 14.02.A.8 and 14.02.C.5
above, at such times as the Work as set forth in the schedule of values has
been 50% completed, and upon mutual 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 unreasoanbaly 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.
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:
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"C. Once 1) the definitive certificate of completion has been issued to the Owner
and the Contractor and 2) once consent of the surety, if any, has been
obtained, the Owner shall make payment of 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."
After the last sentence in the Paragraph 14.04.8, insert the following:
"Final payment, constituting the entire unpaid balance of the Contract Price, shall
be made by the Owner to the Contractor when the Contractor has fully performed
the Contract except for Contractor's responsibility to correct Work as provided in
Paragraphs 13.06 and 13.07, and to satisfy other requirements, if any, which
extend beyond final payment and after the Engineer sends written notice to
Owner that the Work is acceptable and in accordance with Paragraphs 14.07.8
and 14.07.C."
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: (1) an affidavit that payrolls, bills for materials and equipment, and
other indebtedness connected with the Work for which the Owner or the Owner's
property 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."
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ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
In the twentieth line of Paragraph 15.02.8., insert the following after the words...such excess...;
II.
(including but not limited to fees and charges of ENGINEER, other engineers, architects,
attorneys and other professionals, particularly including, but not limited to reasonable
Engineer's attorney's fees, and court costS)...".
ARTICLE 16 - DISPUTE RESOLUTION
Delete this Article in its entirety.
ARTICLE 17 - MISCELLANEOUS
Add 17.05.8:
"The venue for any cause of action shall be Miami-Dade County."
After Article 17 add the 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.
1. 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.
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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.
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; Le., 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
04/08 Final Version
00800-12
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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 l<=t~ day of ~vn.e- , .2.oo'l; and
CONTRACTOR authorized to execute same.
ATTEST:
~~~
Jane Hines, City Clerk
Approved as to form and legality by By:
Office of the City Attorney
[CORPORATE SEAL]
A~~~9iVb ~~i~:~~ ~\.r ~
S-k 1,01
VV'\-\~~\ {:\,"S3 \3 t6
'L -\ day of -'\~ \~ ,2008
04/08 Final Version
14/1.,
an S. 'Edelcup, Mayor
~day of :::rlJ~
(1,\ ~ /
At~~~~:&:~ager
,2008
,2008
\f\I"..~v-\f-..{..\ D~ \o.r~
. \ \j
, . \
By );;""''- \ ~. \:> \\-{ s
[CORPORATE SEAL]
'\;~c;,h", t
License No. Co ~ C 0 loo'\ q--u
Agent for service of process
(If CONTRACTOR is a corporation, attached
evidence of authority to sign).
(CITY SEAL)
00800-13
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THIS PAGE LEFT INTENTIONALLY BLANK.
04/08 Final Version
00800-14
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SECTION 00900
Addendum No.1 (Mav 15. 2008)
to
Contract documents
CITY OF SUNNY ISLES BEACH
City Hall Improvements
CUBELLlS PROJECT NO. 070662FLAR
CITY BID NO. 08-05-02
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
IN THE CONTRACT DOCUMENTS:
1. In Document 00300 replace page 2 in its entirety.
2. Attached Pre-bid minutes to be added to contract documents.
3. 1 st floor ceiling of the existing Garage Building shall be cleaned, primed, and
painted. Only the 1st floor ceiling is to be painted, which means that all other ceilings
will not be painted. Please refer to the Specifications Book for painting materials and
execution. The work for this item is to be included in Line Item #2 of the Bid
Schedule.
4. In response to bidders RFI"S:
Turner Construction:
a) Please advise if there will be LEED requirements as specified in Spec
Section Division 1 and throughout the spec sections. If so, what is the
certification level you wish to achieve and is there available LEED
"checklist" for this specific project.
Response: The Scope of Work for this Bid does not include
complying with LEED-endorsed parameters. Additionally, LEED
certification will not be sought with this project.
b) Please confirm that the "Building Permit" cost will be paid directly by the
City of Sunny Isles Beach and should NOT be included in our base bid as
mentioned during the pre-bid meeting.
Response: Fee will be waived, but a permit will still be required to be
submitted by the contractor.
c) Please advise if the Builder's Risk or equivalent property insurance rider
will be provided by the Owner for its full value and will pay all deductibles
associated with any claims.
Response: No, the contractor must supply Builder's Risk for their
scope of work for the entire construction time.
Addendum No. 1
00900-1
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d) Please advise if "Testing and Inspection Cost" will be paid by Owner, ie.,
Concrete Density, Threshold Inspections, etc.
Response: All testing and inspection costs and coordination are the
contractor's responsibility.
e) Please provide a reflected ceiling plan and ceiling sections for stairwell!
storefront.
Response: The ceiling above the East Staircase (aka: Storefront
Stair, Monumental Stair) shall be modified only to the extent
necessary in order to install equipment included in the Contract
Documents provided to all Bidders. Therefore, the Contractor shall
perform a selective demolition, and subsequent repair, of the stucco
ceiling in that particular area. Refer to detail 4/A701 of the
Construction Drawings, for a detail of the Ceiling in question.
f) Please advise if monies should be included to remove and relocate the
existing fire alarm stroke (not shown on drawings) on the interior side of
the new proposed door opening.
Response: There is an existing Fire Alarm that will need to be
relocated to the side of the new :fd floor Lobby door.
g) Please advise if existing site lighting pole (not shown on the drawings)
underneath the new roof slab in front of the post office will be removed
and relocated.
Response: There is an existing Light Pole in front of the existing
Post Office that will be relocated.
h) Please clarify the construction of the column covers at the post office
canopy. Stud size, gauge. Is engineering approval required for the
design criteria?
Response: Column covers at the Post Office canopy shall be
assembled as per detail 12/A701 of the Construction Drawings. Stud
sizing, spacing, gage, etc. shall comply with Florida Building Code
(FBC) Chapter 22. Contractor shall submit Shop Drawings for
Structural Engineer approval, prior to assembly of all Steel
structures subject to Lateral Loads.
i) Please dictate the roofing type desired for the proposed new work. The
specification book contains multiple roof types but does not specify the
type for the new roof.
Response: New concrete roof shall have a 3 ply roofing
manufactured by GAF, consisting of: hot-mopped base ply of
GlasBase Plus, followed by 3 plies of GlasPly Premier, and using a
Cap sheet of GlasCap Plus.
SA Consultants. LLC:
a) Stair enclosure, sheet A 103 and A701 do not show 5" x 6" aluminum
columns top and bottom anchorage on existing pre-cast stars and existing
roofing. Please provide detail.
Response: Stair Enclosure assembly and details shall be installed as
per NOA guidelines. Kawneer NOA #04-0908.05 has been selected
for the Stair Enclosure storefront. Contractor shall submit
Addendum No. 1
00900-2
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Engineering Shop Drawings for the Stair Enclosure, for Architect
approval prior to ordering.
b) Sheet A-1 01, Section 5 and notes: "Saw cut opening through existing pre-
cast panel, refers to structural drawings on sheet S-2, detail "A" does not
show opening dimensions. Please provide information.
Response: The exact dimension of the opening will have to be
verified by the Contractor by field measurement. Additionally,
Contractor will decide, at his/her own discretion, how large the
opening must be to ensure the design intent of the Construction
Documents is satisfied.
c) Please provide length of galvanized pin piles.
Response: Pin Pile length will be verified subsequent to a Soil
Analysis. Soil Report has not been performed.
d) On sheet S-2, Section 2 do not show pile cap elevation, please provide
information.
Response: Pile Cap Elevation will be verified subsequent to a Soil
Analysis. Soil Report has not been performed.
e) Pre-cast seat section 18, sheet A701 does not show any detail or metal
support information, please provide required detail.
Response: Contractor will supply Engineered Shop Drawings for
pre-cast seat details, support, and installation. All exposed steel
must comply with FBC Chapter 22.
World of Frameless Glass. Inc.:
a) I understood you are able to provide us the manufacture and NOA for
storefronts, specially the one located on the exterior of the stairs.
Response: Please refer to SA Consultants (a).
All other documents, specifications, drawings, terms and conditions remain the same.
Bidders must acknowledge receipt of Addendum on Page 00300-4.
END OF SECTION
Addendum NO.1
00900-3
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Mandatory Pre-Bid Conference Summary Minutes
Wednesday, May 7, 2008 at 11:00 a.m.
Bid No. 08-05-02, City Hall Improvements
Public Works Director/Engineer Rick Conner opened the Pre-Bid Conference and introduced
Architect Bruce Wasersztein of Cubellis, who presented an overall description ofthe project, noting
that there will be a single (prime) contractor for the City. Mr. W asersztein ' s contact information is
on the drawings, and you can email himatbwasersztein(iiJ.cubellis.c0111
Deadline for submission of bid documents is Monday, May 19,2008 at 10:45 a.m. at which time
those sealed bids will publicly opened. Any additional questions are required to be in writing and
may be submitted up to five (5) days before the bid opening (Wednesday, May 14, 200S), which will
be answered and forwarded to all of today' s participants.
QUESTIONS AND COMMENTS FROM PROSPECTIVE BIDDERS
1. Can we do a walk around?
Yes, all the jobs are within this building.
2. Will there be a prime contractor here?
Yes, there is to be a pl"ime contractor that will handle everything.
3. Can we get a list of the General Contractors?
Yes.
4. On Page Al 04 of the Plans, Detail #3, there is a note that says 4-inch C.M.U. planter wall
4S-inches high, and in detail #7 it only talks about I-foot, 4-inches high.
The correct height is I-foot, 4-inches high, and an addendum will be issued for
. clarification on this and everything clse.
5. Can we get more information on the various situations where there is glass and glazing?
Yes. In looking at the existing building, there is a supplier for the glass and the
storefront, the mullions for the curtain walls, the quality of the curtain walls and all the
glass in this building is visually unique, and everything that is going to be done with
this project needs to match the quality, the look, and the style, use the same supplier for
the glass and all related materials.
Sheet AI03: There is a plan and elevation for a stainvay located in front of the
building which is the east elevation of the building, anti that stairway leads from the
street open level to the Police Depal"tment on the 2nd Floor of this building. That
stairway is going to be enclosed in glass, and it is going to have a card reader and panic
Bid 08-05-02 Pre-Bid Conference QA
Page 1 of 5
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hard"ware, and will only be accessible to people who have the proper authority to enter,
and then as an exit, a discharge for the building. This is the largest hid of glassware in
this project.
6. On one side it says tempered glass, and on the other side it says impact glass.
Sheet Al03: !;i-inch tempered glass, it has to be largc and small missile impact rated, as
every assembly of storefront v~lJ.iety needs to have a Notice of Acceptance, and the
Building Code requires impact rating. The assemblies that are chosen al.c going to
have that NOA and they will be tcsted for impact rating, however, thc glass is tempered
glass.
Another area that has glass is in Sheet Al04, Detail #1 and #5: thc existing guragc has
transitions from the garage into thc main building of the officcs, there is an opening on
the north side of the elevators where there is rain coming in and causing problems with
ponding of water. We arc putting in fixed glass windows and again, they have to match
the existing building.
7. Will wind pressure be specified in Sheet Al 03?
We will provide you with the wind pressures.
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The only other area related to glass is in Sheet Al 04, Dctail #2 (Floor Plan) and #6
(Elevation/Section): There is an existing door leading into the entrance of the
Commission Chambers, but there is no antechambcr, no separation from existing
exterior door into the space, and so once you open that door, the noise comes inside of
the chambers. Inside of the existing doors, we are adding a small antechamber with
some interior doors, and doors in the drawings do not have any hardware, any locking
devices, they are only there for noise purposes. In order to create that antechamber, we
need to add a wall and enclosing it with another wall that has thc door, and the existing
scaling to the area is going to remain. There is an existing ceiling there that is 9-feet
high.
Sheet AWl: The biggest job of this project is a ncw roof structurc. Then is an
existing roof which is all pre-C~lst and it circlcs around the building, but it ends in a
particular spot just where the Post Officc is. We are extending this roof so that people
walking along this exterior galleria, can walk into the garage building without getting
wet. In onlcl. to complete that roof, we an adding a couple of columns, there is somc
demolition w01"k involved, it is all reinforced concrete, there is lightweight framing
underneath the concrcte to creatc a false ceiling, there is sprinklcr work to be done in
this situation. Below that new roof is where we are going to be adding that new bench
that we spoke about at the beginning of the meeting.
Sheet Al 02, Detail #8, #4, and #1: The garage building has 3 Yz noors, and the 3nl floor
is the connection to existing elcvators. Those existing elevator doors are open to thc
elcments, wc are going to be adding a new aluminum structure to give weather
protection to those elevator doors. Additionally, in that area there is going to he some
light dcmolition wo.-l( to add a new exterior door to the interior building. This huilding
Bid 08-05-02 Pre-Bid Conference QA
Page 2 of 5
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has an awkward situation where the parking level is called 3, whereas the interior of
the building dght above that parking area is 3A, and it is 42-inches higher than the
garage level, and so when YOll get into the elevator you go up Y2 a stOl"Y, the elevator just
creeps slowly, and then it opens and you get into the building. The users ohhe building
are trying to eliminate that hassle by adding a new exterior staircase that only goes 42-
inches high and it goes into the building through that new door, This assembly is next
to the existing elevator doors and everything occurs underneath that aluminum canopy
in the 3rd floor, There is no sprinlder work to be done there, the new door will have a
card reader, and it is not an exit so there is not going to be panic hardware.
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Sheet A103, Detail #2 and #5: This is a small piece of the project that occurs
underneath the ] sf level of the parking garage where the Post Office, generator,
telephone, sttu"age, and mechanical, is located, The existing gcncrato" is accessed
thnHlgh a pair of steel doors that need to be raised up 8-inches. So you need to take out
the existing doors, make a ledge that you will find in Sheet A 701, Detail #6: This is
going to be a removable ledge that is screwed into the nOO1', to be used for maintenance
or replacement to the generator, whereas they can simply remove this smallS-inch high
petition and roll right in, In general operation this S-inch high ledge is going to prevent
flooding into the generator room. This will include some minor demolition, some
reusing of existing doors, and nothing much more than that.
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This building is three (3) years old, it is a visually attractive building, it is symbolic of
where the City of Sunny Isles Beach is headed, and it is a landmark building. The
work that needs to be done, especially with regards to the east staircase that is so
visible, the quality of the materials and workmanship needs to be top-notch.
I
You will need to propose how staging would be handled, or how you would move about
within the project. You do need to consider what gets done during the construction, it
is out in thc open, it needs to be protected accordingly, it can't be taken lightly, it is
open to all sorts of lawsuits. This building is frequented daily by a number of people,
many of them in advanced years, many children come to this building to thc public
Library, and so during construction, a lot of carc needs to be takcn with what you arc
doing. You need to comply with cvery code that might be applicablc, you need to take
extra precautions where nccessa1'Y, and the quality of the job is going to be very
important in order for the City to be happy with the '"csult. The City will be over this
project during the construction because of the impo"tance of the building.
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Once everybody gets a chancc to look at the drawings and get their questions to Mr.
Wasersztein at bwaserszteinwkubellis.com , he will try to have an addendum rcady by
next week. Public Work.'.; Dircctor/Engineer Rick Conner rciterated that everyone
must sign the attcndance sheet, and when we have the addendum rcady, we will include
a copy of thc attendance sheet, and thc information will also be on demandstar,com, as
well.
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8. Is there a budget set?
You as thc contractor havc thc ultimate say of what the budget is for a projcct like this.
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Bid 08-05-02 Pre-l3id Conference Q^
Page 3 of 5
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This is worli. that has been anticipated for a long time, and in this City the general
procedure is to see what we can get, decide what we want to do, and the money is
available.
9. Any permits?
The Fire and DERM have already been covered, and the pr'oject already went through
a dry-run through the Building Department, and all comments have been taken, The
contractor that wins the award is going to have to go in and take out the plans, but
there is no additional work to be done in order to get the permit from our end. The fees
will be waived but you will be required to go get the permit.
For the specifications, the last draft covers everything that is req uired of the bidders in
terms of the contracto1'S, the bonds that arc necessary, what you need to comply with,
and strongly urge everyone to look through the book, and things such as the Building
Per'mit will be included in the bool\..
10. Any prevailing wage rate requirements?
No, There is no federal or State money involved.
11. Has the bid date been revised?
No. The bid opening is Monday, May 19,2008 at 10:45 a.m.
12. When is the date for start of construction?
Begin as soon as possible.
13. If we have questions, what is your emai1 address?
If you should have any questions email them to Bruce Wascrsztein at
bwasersztein(@.cubellis.com Get the written questions into Mr. Wasersztein ASAP.
14. There is no number for the bench on page 300-2 in the blue book.?
We included that job within the concrete roof for the existing Post Office. The bench
spans between two (2) other columns of the covered canopy, and is part of that canopy
construction.
15. Information on bid bonds.
There arc three bonds on this project: 1) Bid Bond (5(1.1); 2) Performance Bond; and,
3) Payment Bond.
16. Will there be changes later to the bid and contract documents?
No, the attorneys have reviewed it and they are comfortable with it.
17. The numbers on the budget, do they include the bond cost?
No,
Bid 08-05-02 Pre-Bid Conference Qt\
Page 4 of 5
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18. Can we close off the building for construction?
No. If you need to block off for construction, the City can work with you to divert
traffic to the other side of the driveway, but the Post Office must remain open.
19. The purpose of this meeting is to look for a prime contractor?
Yes. The purpose of this meeting is to explain and to Held questions related to the
project, and the City wants this project built already. The City wants one contractor to
handle the project, they don't want to enter into numerous contracts with different
people, they want one person responsihle.
20. Is that a precast for the new eyebrow out of the roof?
No. That is cast in place, reinforced concrete. The drawings have all that information.
The bench has some precast items to it.
21. In the bid form, the general conditions, insurance, do we spread along the lines or do we
break them out?
By that format, you will have to spread them out. One concern is unbalanced hids, and
so make sure you are comfortahle on every single line item to stand on its own.
22. What is the criteria in selecting a bid?
There is specific language in the hid docs that the City will choose the best value bid,
and so we have to lool{ at more than just the hottom line. Bid it according to the form,
don't add line items or bids of your own on the form.
Everything that has heen included in this bid has gone back and forth with the lawyers,
the City, and Cuhellis, and we are not going to be changing it unless there is any reason
that we have overlooked. Through all our years of experience this document includes
all of the procedures and requirements that are asked of the contractor and of the bids,
we are not going to change it around to accommodate any particular request from one
contractor for this particular project that has ~l concern or a different preference on
how to prepare their own bid. We want everyone to comply with the way th~lt the hid
documents are asked to be laid out. We al'e !lot going to issue an addendum at this
point changing anything around given the fact that a lot of time and experience was
already put into the way the bid docs are laid out.
23. Is there a specific format for our bid response documents.
Make sure your bids arc bound on the side like we did the bid docs, don't include
notebooks.
The Pre-Bid Conference was concluded at 11:48 a.m., at which time the attendees went on a
tour around the building. The sign-in sheet will be scanned and loaded on Demand Star.
Bid OB-05-02 Pre-Bid Conference QA
Page 5 of 5
TO:
FROM:
DATE:
RE:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3 1 1 3 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
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 Ottinot, City A lIorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
Rick Conner, Public Works and Engineering Directo~
\ .W~fJL
Priscilla Walker, CMC, Deputy City Clerk/Office Manager
August 25, 2008
Approval of Merkury Development Bid Award and Agreement
At its regular meeting of June 19, 2008, the City Commission adopted Resolution No. 2008-
1273, which approved an agreement with Merkury Development for City Hall Improvements.
Enclosed are a copy of the approving legislation and a fully-executed, original Agreement for
your files. Please review the contract documents to ensure that the bond, insurance, and any
other requirements have been met.
Thank you.
/pw
Attachments
Merkury - City Hall Improv Bid Agrmt Trans Memo
[till Calvin, Giordano & Associates, Inc.
- ~
.. tEXCEPTIONAL SOLUTIONS
J!
.
D ForI Lauderdale Office - 1800 Eller Drive, Suite 600, Fort Lauderdale. Florida 33316
Phone: 9<;4.921.7781 . Fax: 9<;4.921.8807
D Palm Beach Office - 5&0 Village Blvd. Suite 340, West Palm Beach, Florida 33409
Phone: 561.684.6161 . Fax: 561.684.6360
Letter of Transmittal
TO:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33] 60
DATE:
August 2], 2008
PROJECT NO.
03-4] 22.7
ATTN:
Priscilla Walker, Deputy City Clerk
RE:
City Hall Improvements
o Under Separate Cover Via
[g] Attached
o Pickup
WE ARE SENDING YOU:
[g] Courier
o FedEx
o USPS
o Shop drawings
o Copy of Letter
o Prints
o Change Order
o Plans
[g] Other _
o Samples
o Specifications
DATE COPIES NO. DESCRIPTION
2 Fully Executed Contracts
2 Notice to Proceed
I
THESE ARE TRANSMITTED as checked below:
o For approval 0 Approved as submitted
[g] For your use 0 Approved as noted
o As requested 0 Returned for corrections
o For review and comment
o FOR BIDS DUE_
o Resubmit _ copies for approval
o Submit _ copies for distribution
o Return _ corrected prints.
o Other: INDICATED BELOW
o PRINTS RETURNED AFTER LOANED TO US
REMARKS: Feel free to contact me at 954-658-1001 with any questions or concerns.
COpy TO:
File
~.,
AUG 2 1 2008
ROM: Sabrina M. Baglieri
Director Construction Services
C:--:Y CF S~~:: ~\t ~::..~~~; :::\:':H
P:\Projects\2003\034 122 Sunny Isles Capilallmprovclllcnt Managcmcnt\Correspondence\Faxcs-LOT\SIB City Halllmprovcments\LOT-S13 Ogl108-Priscilla Walker doc
If enclosures are not as noted, kindly notify liS at once.
~
NOTICE TO PROCEED
Dated Au~ust 18, 20 08
To:
Merkury Development
ADDRESS:
7300 Biscayne Boulevard, suite 204
Miami, FL 33138
PROJECT:
City of Sunny Isles Beach - City Hall Improvements
CONTRACT NO.
03-4122 - City of Sunny Isles Beach Bid No. 08-05-02
CONTRACT FOR: New storefront ~Iass enclosure for existin~ east stair, 151 floor. New
concrete roof over existin~ Post Office, 151 floor. First floor ceilin~ of the existin~ ~ara~e buildin~
shall be cleaned, primed and painted. New vestibule entrance for existin~ Council Chambers. 151
floor. New storefront ~Iass in front of existin~ elevator doors, 2nd floor. New floor drains installed
into existin~ concrete slab, 3'd floor. New ~alvanized steel canopy over exitin~ elevator doors, 3rd
floor. New entrance into existin~ buildin~, connectin~ 3'd floor parkin~ with 3'd floor offices, incl.
steel stair. New entrance to existin~ ~enerator room.
FOR CITY OF SUNNY ISLES BEACH
(Exact name of Contract as it appears in the Bidding Documents)
You are hereby notified that the Contract Times under the above contract will commence to run on August 18, 20~. By
that date you have forty-five days for Administrative and Ordering of Supplies to start performing your obligations under the
Contract Documents. In accordance with Article 3 of the Agreement. the dates of Substantial Completion and completion and
readiness for final payment are May 15, 2009.
Before you may start any Work at the site, paragraph 2.05 of the General Conditions provides that you and Owner must each
deliver to the other (with copies to the ENGINEER and other identified additional insureds) certificates of Insurance which each
is required to purchase and maintain in accordance with the Contract Documents.
Also before you may start any Work at the site, you must
(add other requirements)
CALVIN, GIORDANO & ASSOCIATES, INC.
(OWNERS AGENT)
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By:
ACCEPTANCE OF AWARD
By:
MERKURY. DEVELOPM:?
(CONTRACTOR) L n
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(AUTH I ED SIGNATURE) .
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(TITLE)
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Copy to ENGINEER
(Use Certified Mail,
Return Receipt Requested)
EJCDC No. 1910-23 (1990 Edition)
forms/notice.itc