HomeMy WebLinkAboutSpecificationsCITY OF SUNNYISLES BEACH
SIDEWALKIMPROVEMENTS PROJECT
ATLANTIC BO ULEVARD / 183 ST.
Bid No.: 02 -04 -01
April 2002
SECTION 00010
TABLE OF CONTENTS
V
SECTION 00010
TABLE OF CONTENTS
Division 00000
Table of Contents
Section
00010
List Of Drawings
Section
01146
Advertisement for Bids
Section
00015
Instructions to Bidders
Section
00100
Bid Form
Section
00210
Award Preference For Tied Bids
Section
00410
Bid Bond
Section
00420
List Of Proposed Subcontractors
Section
00432
BIDDER Qualification Statement
Section
00434
Non - Collusion Affidavit
Section
00450
Sworn Statement Florida Statutes On Public Entity Crimes
Section
00454
Notice Of Award
Section
00456
Agreement
Section
00510
Notice To Proceed
Section
00526
Form Of Payment Bond
Section
00550
Form Of Performance Bond
Section
00612
Acknowledgment Of Conformance With OSHA Standards
Section
00614
General Conditions
Section
00620
Supplementary Conditions
Section
00710
Section
00810
Division 01000 General Requirements
Summary Of Work
Special Coordination
Section
01110
Processing of Application For Payment
Section
01146
Shop Drawings
Section
01290
Standard Specifications and Details
Section
01336
Regulatory Requirements
Section
01412
Abbreviations
Section
01414
References and Standards
Section
01422
Quality Control - Unfavorable Conditions
Section
01.424
Temporary Facilities
Section
01450
Facility Testing
Section
01500
Close Out Documents
Section
01660
Section
01700
Division 02000 Site Work Technical Specifications
Not Included
Division 03000 Concrete Technical Specifications
Not Included
Division 04000 Masonry Technical Specifications
Not Included
Division 05000 Metals Technical Specifications
Not Included
Division 06000 Woods and Plastics Technical Specification
Not Included
lil 1
SECTION 00015
LIST OF DRAWINGS
SECTION 00015
LIST OF DRAWINGS
Drawings Incorporated into the Project are as follows:
DRAWING TITLE SHEET NUMBER
Cover Sheet
General Notes - Tabulation of Quantities
Plan
END OF SECTION
00015- 1
3 -9
NOTICE
REQUEST FOR PROPOSALS
CITY OF SUNNY ISLES BEACH
REQUEST FOR PROPOSALS NO. 02 -04 -01
SIDEWALK IMPROVEMENTS ON ATLANTIC BOULEVARD
Notice is hereby given that the City of Sunny Isles Beach is requesting
proposals for Sidewalk Improvements on Atlantic Boulevard.
The work includes, but may not be limited to, the furnishing of all labor, materials,
tools, equipment, machinery and services for the purposes of this bid, shall include
sidewalk and turf block paver improvements including concrete unit pavers.
A pre -bid tour will take place on Monday, May 6, 2002 starting at 10:00 a.m.
Step off location is at Sunny Isles Beach City Hall, 17070 Collins Avenue, Suite #250,
Sunny Isles Beach, Florida, 33160. Please call (305) 947 -0606 for further information
regarding the tour and to request a copy of the Bid Specifications, contact the Office
of the City Clerk.
Sealed Bids will be received at City Hall, City of Sunny Isles Beach, 17070
Collins Avenue, Suite #250, Sunny Isles Beach, Florida, 33160, until 11:00 A.M.,
Monday, May 13, 2002, at which time they will be publicly opened and read in the
City Hall Commission Chambers. The envelope containing the sealed bid must be
clearly marked "IMPORTANT -BID ENCLOSED FOR SIDEWALK
IMPROVEMENTS ON ATLANTIC BOULEVARD WXP No 02-04-01]". Each
proposer must submit one original and five (5) copies of the complete proposal
package. Faxed or e- mailed bids will not be accepted. Bids will not be accepted
after *11:00 A.M. on May 13, 2002 under any circumstances.
Proposals, once received, become the property of the City, cannot be withdrawn,
unless withdrawal is based on the reasons set forth in the City's procurement
ordinance, and will not be returned to the proposers.
The City of Sunny Isles Beach reserves the right to accept or reject any or all bids, to
waive any informality, irregularity or technicality in any bid, to readvertise for bids, or
take any other such actions that may be deemed to be in the best interests of the City.
At the discretion of the City, firms submitting proposals may be requested to make
oral presentation as part of the evaluation process.
If any addenda are issued to the RFP, a good faith attempt will be made to furnish a
copy of such addenda to each of the persons or firms who, according to the records
of the City, previously received a copy of this RFP.
SECTION 00200
INSTRUCTIONS TO BIDDER
SECTION 00210
INSTRUCTIONS TO BIDDERS
This is not an order
IT IS THE RESPONSIBILITY OF THE BIDDER TO ENSURE THAT THE BID REACHES THE OFFICE OF
THE CITY MANAGER ON OR BEFORE THE CLOSING HOUR AND DATE SHOWN ON THE PUBLIC
NOTICE TO BIDDERS FORM.
1.1 PURPOSE OF BID: The City of Sunny Isles Beach intends to secure a source of supply (s) and labor at the
lowest responsive and responsible price. The City reserves the right to award the bid considered to best serve the
City's interests.
1.2 BIDDER WARRANTY: Bidder warrants that the prices, terms and conditions quoted in the bid will be firm for
a period of 365 days from the date of the bid opening unless otherwise stated by the bidder. Incomplete,
unresponsive, irresponsible, vague, and ambiguous responses to the invitations to bid will be cause for rejection, as
determined by the City.
1.3 CONVICTED VENDOR: Pursuant to the provisions of paragraph (2) (a) of section 287.133, Florida Statutes -
"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on
a contract with a public entity for the construction or repair of a public building or public work, may not submit bids
on leases of real property to a public entity, may not be awarded to perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in section 287.107, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list ".
1.4 CLARIFICATIONS: Any questions or clarifications concerning this Invitation to Bid shall be submitted in
writing by mail or facsimile to the City Manager, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, FL, 33160.
Fax (305) 949 -3113. The bids title/number shall be referenced on all correspondence. All questions must be received
no later than fifteen (7) calendar days prior to the scheduled bid opening date. All responses to
questions /clarifications will be sent to all prospective bidders in the form. of an addendum.. NO QUESTIONS WILL
BE RECEIVED VERBALLY OR AFTER THE DEADLINE.
The City of Sunny Isles Beach reserves the right to accept any proposal or bid deemed to be in the best interest of the
City of Sunny Isles Beach, or waive any informality in any proposal or bid. The City of Sunny Isles Beach may reject
any and all proposals or bids.
1.5 TAXES: Bidder should not include taxes in prices bid. The City is exempt from Florida sales tax-on direct
purchases of tangible property.
00210-1
INVITATION TO BID
3.1: PRICING: Prices should be stated in units of quantity specified in the bidding specifications. In case of a
discrepancy, the City reserves the right to make the final determination at the lowest net cost to the City.
3.2: SAFETY STANDARDS: The bidder warrants that the product (s) supplied to the City conforms in all respects
to the standards set forth in the Occupational Safety and Health Act (OSHA) and its amendments. Bids must be
accompanied by materials data safety sheets (M.S.D.S.) when applicable.
3.3: MATERIAL: Acceptance of the material(s) delivered under this proposal shall remain the property of the
seller until accepted to the satisfaction of the City. In the event materials supplied to city are found to be defective or
do not conform to specifications, the City reserves the right to return the product (s) to the seller at the sellers
expense, including delivery costs.
3.4: BRAND NAMES: If a brand name, make, of any "or equal" manufacturer trade name, trade name, or vendor
catalog is mentioned whether or not followed by the words "approved equal" it is for the purpose of establishing a grade
or quality of material only. Vendor may offer equals with appropriate identification, samples and /or specifications on such
item(s). The city shall be the sole judge concerning the merits of items bid as equals, and reserves the right to reject any
"or equal" product if it does not strictly adhere to project specifications.
3.4.2: Provision of any written indication of intent to quote an alternative brand or model number, or designation of
objective of the bid will be considered as a quotation in complete compliance with the specifications as listed, at the
discretion of the City, which would best serve the City's interest.
3.5: PAYMENTS: Payment will be made after commodities /services have been received, accepted, and properly
invoiced as indicated in the contract and /or purchase order. Invoices must bear the purchase order number. Contractor
shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. The Contractor
shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or
costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City
disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the
contested amounts until they are resolved by agreement with Contractor.
3.6: ADDITIONAL SERVICES: If the need for additional work or changes is identified by Contractor during the
course of performing its obligations hereunder, Contractor shall set forth such additional work and the cost thereof in a
supplemental work order (a "Supplemental Work Order ") and submit such Supplemental Work Order for approval by
the City. No such additional work shall be done or paid for without the specific prior written approval of the City.
00210-3
1100111LyML�]
ADDITIONAL INSURED:
CITY OF SUNNY ISLES BEACH
17070 Collins Avenue, Suite 250
Sunny Isles Beach, FL 33160
5.1: Comprehensive automobile liability insurance covering all owned, non - owned, rented, hired or borrowed vehicles
used in connection with the award, in an amount not less that $1,000,000.00 combined single limit per occurrence for
bodily injury and property damage. The City of Sunny Isles Beach shall be named as additional insured.
5.1.2: All insurance shall be issued by companies rated A:7 or better per A.M. Best's Key Rating Guide, latest edition
and authorized to issue insurance in the State of Florida. It shall be the responsibility of the vendor and insurer to notify
the City Manager of the City of Sunny Isles Beach of cancellation, lapse, or material modification ofany insurance policies
insuring the vendor, which relate to the activities of such vendor and the City of Sunny Isles Beach. Such notification
shall be in writing, and shall be submitted to the City Insurance Manager within 30 days prior to cancellation of such
policies. This requirement shall be reflected on the Certificate of Insurance.
5.1.3: Failure to fully and satisfactorily comply with the City's insurance and bonding requirements set forth herein will
authorize the City Manager to implement a rescission of the bid award within thirty (30) days of awarding without further
City Commission action. The bidder hereby holds the City harmless and agrees to indemnify City and covenants not to
sue the City by virtue of such rescission.
5.1.4: COPYRIGHTS AND /OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights
or patent rights in manufacturing, producing or selling of goods shipped or ordered, as a result of this bid. The seller
agrees to indemnify City from any and all liability, loss or expense occasioned by any such violation.
5.1.5: UNDISCLOSED CONDITIONS: In the event that undisclosed conditions are discovered during the performance
of this Agreement, the City shall have the right to cancel this Agreement upon thirty (30) days written notice to
contractor. Upon termination, the City may re -bid the project if the contractor fails to perform under this Agreement due
to the undisclosed conditions.
00210-5
INVITATION TO BID
7.1: WARRANTY /GUARANTY: Successful bidder shall act as agent for the City in the follow -up and compliance of
all items under warranty/guarantee and complete all forms for warranty/guarantee coverage under this contract. Bidder
warrants by signature on his proposal sheet that prices quoted here are in conformity with the latest federal price
guidelines.
7.2: SAMPLES: Samples of items, when required, must be furnished by the bidder free of charge to the City. Each
individual sample must be labeled with the bidders name, and manufacturer's brand name and delivered by him within ten
(10) calendar days of the bid opening unless schedule indicated a different time. If samples are requested subsequent to
the bid opening, they should be delivered within ten (10) calendar days of the request. The City will not be responsible
for returning samples.
7.3: DISPUTES: If any dispute concerning a question of fact arises under the contract, other than termination for
default or convenience, the contractor and the City department responsible for the administration of the contract shall
make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with
the advice of the City Attorney, shall resolve the dispute and send a written copy of its decision to the contractor, which
shall be binding on both parties.
7.4: HOLD HARMLESS: All bidders shall hold the City, it's officials and employees harmless and covenant not to sue
the City, it's officials and employees in reference to their decisions to reject, award, or not award a bid, as applicable.
7.5: CANCELLATION: Failure on the part of the vendor to comply with the conditions, specifications, requirements,
and terms as determined by the City, shall be just cause for cancellation of the award.
7.6: RELATION TO PARTIES: It is understood and agreed that nothing contained in this Agreement shall be deemed
to create a partnership, joint venture, other association, or an employer /employee relationship between the Contractor
and the City. Contractor shall be in the relation of an independent contractor and is to have entire charge, control and
supervision of the work to be performed hereunder.
7.7: COMPLIANCE WITH LAW: Contractor shall comply with all laws, regulations and ordinances of any federal,
state, or local governmental authority having jurisdiction with respect to this Agreement (Applicable Laws) and shall
obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the
activities contemplated under this agreement.
7.8 WAIVER OF LIABILITY/INDEMNITY: The City shall not in any way be answerable or accountable for any
violations of applicable laws or for any injury, loss or damage arising from the negligence or omission of Contractor or
any one of its employees, contractors or agents. Contractor hereby agrees to indemnify, defend and hold harmless the
City from and against any claim, loss, damage, liability, cost or expense, including attorneys' fees, whether or not due to
or caused in whole or in part by City or its employees, arising out of (i) the performance or breach by the Contractor of
its obligations under this Agreement, (ii) any personal or bodily injury, including death, to any person and destruction of
property resulting from the performance or breach by Contractor of its limits in excess of One Million Dollars
($1,000,000) for claims arising from a single occurrence. Contractors indemnify obligation shall extend up to but shall
not exceed the higher limits of that insurance. Contractor hereby irrevocably waives any right and agrees not to file any
mechanic's or materialman's lien against the interest of the owner of the property.
00210-7
8.8; REMEDIES FOR BREACH: Should Contractor fail to perform, City Shall notify Contractor in writing of such
failure to perform and Contractor shall have thirty (30) days of receiving such notice to cure such failure. If Contractor
is unable to cure such failure to perform then City shall receive a refund equal to the actual cost of a third party to cure
such failure. The City may sue for damages in circuit court. If City fails, refuses or is unable to perform any term of this
agreement, City shall pay for services rendered as of the date of termination.
8.9: ATTORNEY'S FEES: If this matter is placed in the hands of an attorney for collection, or in the event suit or action
is instituted to enforce any of the terms or conditions of this agreement, the losing party shall pay to the prevailing party,
in such suit or action in both trial court and appellate court, together with reasonable attorney's fees for the anticipated
cost of collection and judgement enforcement.
00210-9
SECTION 00400
BID FORM
SECTION 00410
BID FORM
THIS BID IS SUBMITTED TO:
City of Sunny Isles Beach
17070 Collins Avenue, Suite #250
Sunny Isles Beach, Florida 33160
The undersigned BIDDER proposes and agrees, ifthis Bid is accepted, to enter into an agreement with The City
of Sunny Isles Beach in the form included in the Contract Documents to perform and furnish all Work as
specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated
in this Bid and in accordance with the other terms and conditions of the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to
BIDDER'S, including without limitation those dealing with the disposition ofBid Security. This Bid will remain
subject to acceptance for 90 days after the day of Bid opening. BIDDER agrees to sign and submit the
Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the
date of City's Notice of Award.
3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:
(a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of
all which is hereby acknowledged.)
Addendum No,
Dated:
Addendum No.
Dated:
Addendum No.
Dated:
Addendum No.
Dated:
(b) BIDDER has familiarized themselves with the nature and extent of the Contract Documents, Work,
site, locality, and all local conditions and Law and Regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
(c) BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of
physical conditions.
(d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully
00410-1
BASE BID:
dollars and
cents LUMP SUM
(Written Total Base Bid Price - From Schedule Of Values, Page 00410 -4)
BIDDER agrees that the work will be complete in full within 60 calendar days from the date stipulated in the
Notice to Proceed.
6. 1 Communications concerning this Bid shall be addressed to:
BIDDER:
Address:
Telephone
Facsimile Number
Attention:
The terms used in this Bid which are defined in the general Conditions of the Construction Contract included
as part of the Contract documents have the meanings assigned to them in the General Conditions_
SUBMITTED THIS DAY , 20
00410-3
If BIDDER is:
AN INDIVIDUAL,
By: (SEAL,)
(Individual's Name)
doing business as:
Business address:
Phone No: Facsimile No:
00410-5
A CORPORATION
(Corporation Name)
(State of Incorporation)
By:
(Name of Person Authorized to Sign)
(Title)
(Corporate Seal)
Attest:
Business address:
Phone No:
(President)
Facsimile No:
00410-7
CERTIFICATE OF AUTHORITY
STATE OF
) SS:
COUNTY OF
(IF CORPORATION)
I HEREBY CERTIFY that a meeting of the Board of Directors of the
a corporation existing under the laws of the State of , held on
20 , the following resolution was duly passed and adopted:
"RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Bid dated,
20 , to the City of Sunny Isles Beach and this corporation and that their
execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall
be the official act and deed of this Corporation."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation
this , day of , 20
Secretary:
(SEAL)
00410-9
CERTIFICATE OF AUTHORITY
IF JOINT VENTURE
STATE OF )
) SS:
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Principals of
the
a corporation existing under the laws of the State of , held on
, 20 , the following resolution was duly passed and adopted:
"RESOLVED, that, as
Joint Venture be and is hereby authorized to execute the Bid dated, 20
to the City of Sunny Isles Beach official act and deed of this Joint Venture."
I further certify that said .resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
20
Secretary:
(SEAL)
END OF SECTION
00410-11
of the
SECTION 00420
AWARD PREFERENCE
FOR
IDENTICAL TIE BIDS
Whenever two or more Bids which are equal with respect to price, quality, and service are received by the State or by
any political subdivision for the procurement of commodities or contractual services, a Bid received from a business that
certifies that it has implemented a drug -free workplace program shall be given preference in the award process.
Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace
program. In order to have a drug -free workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or
use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against
employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -
free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the
penalties that may be imposed upon employees for drug abuse violations.
3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of
the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under Bid, the employee will abide by the terms of the statement
and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter
893 or of any controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation
program, if such is available in the employee's community, by any employee who is so convicted.
6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements.
VENDOR'S SIGNATURE:
END OF SECTION
00420-1
SECTION 00432
BID FORM SUPPLEMENTS
SECTION 00432
BID BOND
STATE OF FLORIDA )
COUNTY OF DADE
KNOW ALL MEN BY THESE PRESENTS, that we,
as Principal, and as Surety, are held
and firmly bound unto the City of Sunny Isles Beach, a municipal corporation of the State of Florida in the sum of _
Dollars ($ 1, lawful money of the United States, for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors
jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted the
accompanying Bid, dated , 20
for:
WHEREAS, it was a condition precedent to the submission of said Bid that a cashier's check or Bid Bond in the amount
of five percent (5 %) of the Base Bid be submitted with said Bid as a guarantee that the BIDDER would, if awarded the
Contract, enter into a written Contract with the City for the performance of said Contract, within ten (10) consecutive
calendar days after written notice having been given of the Award of the Contract.
NOW, THEREFORE, the conditions of this obligation are such that if the Principal within ten (10) consecutive calendar
days after written notice of such acceptance, enters into a written Contract with the City of Sunny Isles Beach and
furnishes the Performance and Payment Bonds, satisfactory to the City, each in an amount equal to one hundred percent
(100 %) of the Contract Price, and provides all required Certificates of Insurance, then this obligation shall be void;
otherwise the sum herein stated shall be due and payable to the City of Sunny Isles Beach and the Surety herein agrees
to pay said sum immediately, upon demand of the City, in good and lawful money of the United States of America, as
liquidated damages for failure thereof of said Principal.
00432-1
SECTION 00434
LIST OF PROPOSED SUBCONTRACTORS
BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract.
CLASSIFICATION NAME AND ADDRESS
OF WORK OF SUBCONTRACTOR
CONCRETE
TURF BLOCK PAVERS
This is not an order
END OF SECTION
00434-1
SECTION 00450
BIDDER QUALIFICATION STATEMENT
The BIDDEWs response to this questionnaire will be utilized as part of the City's overall Bid Evaluation and
Contractor selection.
I . Number of similar roadway Projects completed with a contract price in excess of $100,000.00:
a) In the past 5 years
On Schedule
Original contract price overrun average %
b) In the past 10 years
On Schedule
Original contract price overrun average %
List last three (3) completed Projects with a contract price in excess of $100,000.00.
Project Name _
Owner Name _
Owner Address
Original Contract Completion Time (Days)
Original Contract Completion Date
Actual Final Contract Completion Date
Original Contract Price
Actual Final Contract Price
Project Name _
Owner Name
Owner Address
Original Contract Completion Time (Days)
Original Contract Completion Date
Actual Final Contract Completion Date _
Original Contract Price
Actual Final Contract Price
Project Name _
Owner Name _
Owner Address
Original Contract Completion Time (Days)
Original Contract Completion Date
Actual Final Contract Completion Date —
Original Contract Price
Actual Final Contract Price
00450-1
State of
County
(1 1)
SECTION 40454
NON - COLLUSION AFFIDAVIT
) SS
being first duly sworn, deposes and says that:
He /She /They is /are the
(Owner, Partner, Officer, Representative or Agent) of
the BIDDER that has submitted the attached Bid;
(2) He /She/They is /are fully informed respecting the preparation and contents of the attached Bid and of all pertinent
circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said BIDDER nor any of its officers, partners, owners, agents, representatives, employees or parties
in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly,
with any other BIDDER, firm, or person to submit a collusive or sham Bid in connection with the Work for
which the attached Bid has been submitted; or to refrain from bidding in connection with such Work; or have
in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with
any BIDDER, firm, or person to fix any overhead, profit, or cost elements of the Bid or of any other BIDDER,
or to fix any overhead, profit, or cost elements of the Bid Price or the Bid Price of any other BIDDER, or to
secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient),
or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy,
connivance, or unlawful agreement on the part of the BIDDER or any other of its agents, representatives, owners,
employees or parties in interest, including this affiant.
00454-1
SECTION 40456
.PUBLIC ENTITY CRIMES
Pursuant to the provisions of paragraph (2) (a) of Section 287.133, Florida State Statutes - "A person or affiliate who
has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a
Contract to provide any goods or services to a public entity, may not submit a Bid on a Contract with a public entity for
the construction or repair of a public building or public Work, may not submit bids on leases of real property to a public
entity, may not be awarded to perform Work as a Contractor, supplier, Subcontractor, or Consultant under a Contract
with any public entity, and may not transact business with any public entity in excess of the threshold amount Category
Two of Sec. 287.017, FS for thirty six months from the date of being placed on the convicted vendor list ".
CONFLICTS OF INTEREST
The award of any contract hereunder is subject to the provisions of Chapter 112, Florida State Statutes. BIDDER's must
disclose with their Bids, the name of any officer, director, partner, associate or agent who is also an officer or employee
of the City of Sunny Isles Beach or it's agencies.
00456-1
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, or an
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, or an
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.
00456-3
SECTION 00500
AGREEMENT
SECTION 00510
NOTICE OF AWARD
TO:
PROTECT DESCRIPTION: Sidewalk Improvements Project, Atlantic Blvd. /183 St., Project No. 02- 04 -01, in
accordance with Plans and Contract Documents as prepared by Marlin Engineering, Inc., Prime Consultant.
and
The CITY OF SUNNY ISLES BEACH has considered the Bid submitted by you for the above described WORK in
response to its Advertisement for Bid and Instruction to BIDDERS.
You are hereby notified that your Bid has been accepted for the construction of Sidewalk Improvements Project,
Atlantic Blvd. /183 St., Project No. 02- 04 -01, in the lump sum amount of
You are required by the Instruction to BIDDERS to execute the Agreement and furnish the required
CONTRACTOR'S Performance Bond, Payment Bond and Certificates of Insurance within ten (10) days from the
date of this Notice to you.
If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said
CITY will be entitled to disqualify the Bid, revoke the award and retain the Bid Security.
BY:
TITLE: CITY MANAGER
Dated this day of 20
00510-1
SECTION 00526
AGREEMENT
THIS AGREEMENT, made and entered into on this day of , 2002, by and between
Part: Party of the First Part, and The City of Sunny Isles Beach, Party of the Second
WITNESETH
That, the First Party, for the consideration hereinafter fully set out, hereby agrees with the Second Party as follows
1. That the First Party shall furnish all the materials, and perform all of the Work in manner and form as
provided by the following enumerated Drawings, Specifications, and Documents,
which are attached hereto
and made a part hereof, as if fully contained here:
List Of Drawings
Section
00015
Advertisements For Bids
Section
00135
Instruction To BIDDERS
Section
00210
Bid Form
Section
00410
Certificate Of Authority
Section
00410
Award Preference for Identical Tie Bids
Section
00420
Bid Bond
Section
00432
List Of Proposed Subcontractors
Section
00434
BIDDERS Qualification Statement
Section
00450
Non - Collusion Affidavit
Section
00454
Sworn Statement Pursuant To Florida Statutes On
Section
00456
Public Crimes
Notice Of Award
Section
00510
Agreement
Section
00526
Notice To Proceed
Section
00550
Payment Bond
Section
00612
Performance Bond
Section
00614
OSHA Acknowledgment
Section
00620
General Conditions
Section
00710
Summary Of Work
Section
01110
Application for Payment
Section
01290
00526-1
IN WITNESS WBEREOF, the parties hereto have executed this Agreement on the day and date first above
written, in five (5) counterparts, each of which shall, without proof or accounting for the other counterpart be
deemed an original Contract.
WITNESSES: CONTRACTOR:
AUTBENTICATION:
BY:
NAME:
TITLE: CITY CLERK
APPROVED AS TO FORM:
BY:
NAME:
TITLE: CITY ATTORNEY
BY:
NAME:
TITLE:
OWNER: City of Sunny Isles Beach
IM
NAME:
TITLE:
END OF SECTION
00526-3
TO:
SECTION 00550
NOTICE TO PROCEED
DATE:
PROJECT DESCRIPTION: Sidewalk Improvements Project, Atlantic Blvd. /183 St., Project No. 02- 04 -01, in
accordance with Plans and Contract Documents as prepared by Marlin Engineering, Inc., Prime Consultant.
You are hereby notified to commence Work in accordance with the Agreement dated _ , on or before
and you are to complete the Work within 60 calendar days thereafter. The date of completion of all WORK is therefore
City of Sunny Isles Beach
BY:
TITLE: CITY MANAGER
00550- 1
SECTION 00600
BONDS and CERTIFICATES
SECTION 00612
FORM OF PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we, as
Principal, hereinafter called Contractor, and , as Surety, are bound to the City of Sunny Isles
Beach, Florida, as Obligee, hereinafter called City, in the amount of
Dollars ($ ) for the payment whereof Contractor and Surety bind
themselves, their heirs, executors, administrators, successors and assigns, jointly and severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.:
awarded the day of , 20 , with City for
with drawings (plans) and specifications prepared by
which Contract is by reference made a part hereof, and is hereafter referred to as the Contract;
in accordance
THE CONDITION OF THIS BOND is that if the Contractor:
1. Indemnifies and pays City all losses, damages (specifically including, but not limited to, damages for delay and
other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor),
expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains
because of default by Contractor under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute 225.05(1) supplying Contractor with
all labor, materials and supplies used directly or indirectly by Contractor in the prosecution of the Work provided
for in the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect subject,
however, to the following conditions:
2.1 A claimant, except a laborer, who is not in privity with the Contractor and who has not received
payment for their labor, materials, or supplies shall, within forty -five (45) days after beginning to
furnish labor, materials, or supplies for the prosecution of the Work, furnish to the Contractor a notice
that they intend to look to the Bond for protection.
2.2 A claimant who is not in privity with the Contractor and who has not received payment for their labor,
materials, or supplies shall, within ninety (90) days after performance of the labor, or after complete
delivery of the materials or supplies, deliver to the Contractor and to the Surety, written notice of the
performance of the labor or delivery of the materials or supplies and of the non - payment.
2.3 No action for the labor, materials, or supplies may be instituted against Contractor or the Surety unless
the notices stated under the preceding paragraphs 2.1 and 2.2 have been given.
2.4 Any action under this Bond must be instituted in accordance with the Notice and Time Limitations
provisions prescribed in Section 255.05(2), Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the Contract Documents and
compliance or noncompliance with any formalities connected with the Contract orthe changes do not affect the
Surety's obligation under this Bond.
00612-1
State of
County of
On this, the day of 20 , before me, the undersigned Notary Public of the
State of the foregoing instrument was acknowledged by (name of
corporate officer), (title), of (name of corporation),
a (state of corporation) corporation, on behalf of the corporation.
WITNESS my hand
and official seal
Notary Public, State of
Printed, typed or stamped name of Notary Public exactly as
commissioned
❑ Personally known to me, or
❑ Produced identification:
(type of identification produced)
❑ Did take an oath, or
❑ Did not take an oath
00612-3
SECTION 00614
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
That, pursuant to the requirements of Florida Statute 255.05, we, , as Principal,
hereinafter called Contractor, and , as Surety, are bound to the City of Sunny Isles Beach,
Florida, as Obligee, hereinafter called City, in the amount of Dollars ($ ) for the payment
whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally.
WHEREAS, Contractor has by written agreement entered into a Contract, Bid/Contract No.: awarded
the day of , 20 , with City for in accordance with
drawings (plans) and specifications prepared by which Contract is by
reference made a part hereof, and is hereafter referred to as the Contract;
THE CONDITION OF THIS BOND is that if the Contractor:
1. Fully performs the Contract between the Contractor and the City for construction of
within calendar days after the date of Contract commencement as specified in the Notice
to Proceed and in the manner prescribed in the Contract; and
2. Indemnifies and pays City a] I losses, damages (specifically including, but not limited to, damages for delay and
other consequential damages caused by or arising out of the acts, omissions or negligence of Contractor),
expenses, costs and attorney's fees including attorney's fees incurred in appellate proceedings, that City sustains
because of default by Contractor under the Contract; and
3. Upon notification by the City, corrects any and all defective or faulty Work or materials which appear within one
and one half (1 1/2) years, and:
4. Performs the guarantee of all Work and materials furnished under the Contract for the time specified in the
Contract, then this Bond is void, otherwise it remains in full force.
Whenever Contractor shall be, and declared by City to be, in default under the Contract, the City having
performed City's obligations thereunder, the Surety may promptly remedy the default, or shall promptly:
4.1 Complete the Contract in accordance with its terns and conditions; or
4.2 Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon
determination by Surety of the best, lowest, qualified, responsible and responsive BIDDER, or, if the
City elects, upon determination bythe City, and Surety jointly of the best, lowest, qualified, responsible
and responsive BIDDER, arrange for a Contract between such BIDDER and City, and make available
as Work progresses (even though there should be a default or a succession of defaults under the
Contract or Contracts of completion arranged under this paragraph) sufficient funds to pay the cost of
completion less the balance of the Contract Price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The
term "balance of the Contract Price." as used in this paragraph, shall mean the total amount payable by
City to Contractor under the Contract and any amendments thereto, less the amount properly paid by
City to Contractor.
No right of action shall accrue on this Bond to or for the use of any person or corporation other than the City named
herein.
00614-1
State of
County of
On this, the day of 120 , before me, the undersigned Notary Public of the
State of the foregoing instrument was acknowledged by
(name of corporate officer), (title), of
(name of corporation), a (state of corporation) corporation, on behalf of the corporation.
WITNESS my hand
and official seal
Notary Public, State of
Printed, typed or stamped name of Notary Public exactly as
commissioned
❑ Personally known to me, or
❑ Produced identification:
(type of identification produced)
❑ Did take an oath, or
❑ Did not take an oath
Bonded by.
00614-3
SECTION 00620
ACKNOWLEDGMENT OF CONFORMANCE
WITH OSHA STANDARDS
TO The City of Sunny Isles Beach
We
(Prime Contractor)
, hereby acknowledge and
agree that we as Contractors for Sidewalk Improvements Project, Atlantic Blvd. /183 St., Project No.: 02-
04-01, as specified have the sole responsibility for compliance with all the 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, Marlin Engineering, Inc., against any and all liability,
claims, damages losses and expenses they may incur due to the failure of
(Subcontractor's Names)
to comply with such act or regulation.
CONTRACTOR
BY:
ATTEST
END OF SECTION
00620-1
SECTION 00700
GENERAL CONDITIONS
SECTION 00710
GENERAL CONDITIONS
ARTICLE I - DEFINITION
Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the
meaning indicated which shall be applicable to both the singular and plural thereof:
Acceptance: By the CITY of the Work as being fully complete in accordance with the Contract Documents subject to
waiver of claims.
Agreement: The written Agreement between the CITY and the CONTRACTOR covering the Work to be performed,
which includes the Contract Documents.
Addenda: Written or graphic instruments issued prior to the Bid Opening which modify or interpret the Contract
Documents, Drawings and Specifications, by addition, deletions, clarifications or corrections.
Application for Payment: The form furnished by the CONSULTANT which is to be used by the CONTRACTOR in
requesting progress payments.
Approved: Means approved by the CONSULTANT of Record.
Bid: The offer or proposal of the BIDDER submitted on the prescribed form setting forth the prices for the Work to be
performed.
BIDDER: Any person, firm or corporation submitting a Bid for Work.
Bonds: Bid, performance and payment bonds and other instruments of security, furnished by the CONTRACTOR and
their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida.
Change Order: A written order to the CONTRACTOR signed by the CITY authorizing an addition, deletion or revision
in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement.
CITY: City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160.
Contract Documents: Contract Documents shall include, instructions to BIDDERS, CONTRACTOR`S Bid, the Bonds,
the Notice of Award, these General Conditions, Special Conditions, the Technical Specifications, Drawings and
Modifications, Notice to Proceed, Invitation to Bid, Insurance Certificates, Change Orders and Acknowledgment of
Conformance with the City of Sunny Isles Beach.
Contract Price: The total moneys payable to the CONTRACTOR under the Contract Documents.
Contract Time: The number of calendar days stated in the Agreement for the completion of the Work.
Contracting Officer: The individual who is authorized to sign the contract documents on behalf of the CITY'S governing
body.
CONTRACTOR: The person, firm or corporation with whom the CITY has executed the Agreement.
00710-1
to or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, equipment and other
incidentals, and the furnishing thereof.
Written Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions,
claims, approvals and disapproval's required to obtain compliance with Contract requirements. Written notice shall be
deemed to have been duly served if 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 to an authorized representative or such individual, firm, or corporation, or if
delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise
stated in writing, any notice to or demand upon the CITY under this Contract shall be delivered to the CITY through the
CONSULTANT.
ARTICLE 2 - PRELEVIINARY MATTERS
Award:
2.1 The CITY reserves the right to reject any and all Bids at its sole discretion. Bids shall be awarded by the CITY
to the lowest responsive and responsible BIDDER. No Notice of Award will be given until the CITY has concluded
such investigations as they deem necessary to establish the responsibility, qualifications and financial ability of the
BIDDER to the Work in accordance with the Contract Documents to the satisfaction of the CITY within the time
prescribed. The CITY reserves the right to reject the Bid of any BIDDER who does not pass such investigation to
the CITY'S satisfaction. In analyzing Bids, the CITY may also take into consideration alternate and unit prices, if
requested by the Bid forms. If the Contract is awarded, the CITY will issue the Notice of Award and give the
successful BIDDER a Contract for execution within ninety (90) days after opening of Bids.
Execution of Agreement:
2.2 At least four counterparts of the Agreement, the Performance and Payment Bond, the Certificates of Insurance
and such other Documents as required by the Contract Documents shall be executed and delivered by
CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of Award.
Forfeiture of Bid Securitv/Performance and Payment Bond
23. Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall ftirnish a Performance
Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached.
2.3.1 Each Bond shall be in the amount of one hundred percent (100 %) of the Contract Price guaranteeing
to CITY the completion and performance of the Work covered in such Contract as well as full payment of
all suppliers, material man, laborers, or Subcontractors employed pursuant to this Project. Each Bond shall
be with a Surety company meeting the qualifications of Sections 2.3.4, 2.3.5 and 2.3.6.
2.3.2 Pursuant to the requirements of Section 255.05(1), Florida Statutes, CONTRACTOR shall ensure
that the Bond(s) referenced above shall be recorded in the public records of Dade County and Provide
CITY with evidence of such recording.
2.3.3 Each Bond must be executed by a surety company authorized to do business in the State of Florida
as a surety, having a resident agent in the State of Florida and having been in business with a record of
successful continuous operation for at least five (5) years.
2.3.4 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds
in accordance with the United States Department of Treasury Circular 570, current Revisions.
2.3.5 The CITY will accept a surety bond from a company with a rating B+ or better
00710-3
(including those who are to furnish principal items of materials or equipment) proposed for those portions of the
Work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified
in the Contract Documents. Within thirty (30) working days after receiving the list, the CITY will notify the
CONTRACTOR in writing if the CITY, after due investigation, has reasonable objection to any Subcontractor,
person, or organization on such list. The failure of the CITY to make objection to any Subcontractor, person, or
organization on the list within thirty (30) days of the receipt shall constitute an acceptance of such Subcontractor,
person or organization. Acceptance of any such Subcontractor, person or organization shall not constitute a waiver
of any right of the CITY to reject defective Work, material or equipment, or Work, material or equipment not in
conformance with the requirements of the Contract Documents.
2.11 If, prior to the Notice of Award, the CITY has reasonable objection to and refuses to accept any
Subcontractor, person or organization listed, the apparent low BIDDER may, prior to Notice of Award either (i)
submit an acceptable substitute without an increase in their bid price.
ARTICLE 3 - CORRELATION INTERPRETATION AND INTENT OF CONTRACT_ DOCUMENTS
3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in
accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between the
CITY and the CONTRACTOR They may be altered only by a Modification.
3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all. If
CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, they shall call it to the CITY'S
attention in writing at once and before proceeding with the Work affected thereby; however, they shall not be liable
to CITY for their failure to discover any conflict, error or discrepancy in the Specifications or Drawings. The
various Contract Documents shall be given precedence in case of conflict, error or discrepancy, as follows: Change
Orders, Supplemental General Conditions, Agreement Modifications, Addenda, Special Conditions, Instructions to
BIDDERS, General Conditions, Specifications and Drawings. If the requirements of other Contract Documents
are more stringent than those of the Supplemental General Conditions, the more stringent requirements shall apply.
3.3 The words "fumish" and "furnish and install ", "install ", and "provide" or words with similar meaning shall be
interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service ".
3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce
a complete and properly operating installation, or usable structure or plant, providing the indicated function, shall
be furnished and installed without change in the Contract. Price. Such miscellaneous items and accessories shall be
of the same quality standards, including material, style, finish, strength, class, weight and other applicable
characteristics, as specified for the major component of which the miscellaneous item or accessory is an essential
part, and shall be approved by the CITY before installation. The above requirement is not intended to included
major components not covered by or inferable from the Drawings and Specifications
3.5 The Work of all trades under this Contract shall be coordinated by the CONTRACTOR in such manner as to
obtain the best workmanship possible for the entire Project, and all components of the Work shall be installed or
erected in accordance with the best practices of the particular trade.
3.6 The CONTRACTOR shall be responsible for making the construction of habitable structures under this
Contract rain proof; and for making equipment and utility installations properly perform the specified function.
If they are prevented from so doing by any limitations of the Drawings or Specifications, the CONTRACTOR shall
immediately notify the CITY in writing of such limitations before proceeding with construction in the area where
the problem limitation exists.
00710-5
are disturbed, notify the CITY in writing, of
(1) Subsurface or latent physical conditions at the site differing materially from those indicated in this
Contract, or (2) unknown physical conditions at the site, of an unusual nature, differing materially from those
ordinarily encountered and generally recognized as inherent in Work of the character provided for in this
Contract. The CITY shall promptly investigate the conditions, and if they find that such conditions do
materially so differ and cause an increase or decrease in the CONTRACTOR'S cost of, or the time required
for, performance of any part of the Work under this Contract, whether or not changed as a result of such
conditions, an equitable adjustment shall be made and the Contract modified in writing accordingly.
(b) No claim of the CONTRACTOR under this clause shall be allowed unless the CONTRACTOR
has given the notice required in (a) above; provided, however, the time prescribed therefore may be
extended by the CITY.
(c) No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if
asserted after final payment under this contract.
ARTICLE 5 - INSURANCE
Contractor's Liability Insurance:
5.1 CONTRACTOR shall provide and maintain in force until all the Work to be performed under this Contract has
been completed and accepted by City (or for such duration as is otherwise specified hereinafter), the insurance
coverage set forth:
5.1.1 Worker's Compensation insurance at the statutory amount to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal
laws. In addition, the policy(cies) must include: Employers' Liability at the statutory coverage amount.
The CONTRACTOR shall further insure that all of its Subcontractors maintain appropriate levels of
worker's compensation Insurance
5.1.2 Comprehensive General Liability with minimum limits of One Million Dollars (1,000,000.00)
per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive
General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and
must include:
Premises and /or Operations.
Independent CONTRACTORS.
5.1.2.1 Premises and Operation
5.1.2.2 Independent Contractors
5.1.2.3 Products and /or Completed Operations Hazard.
5.1.2.4 Explosion, Collapse and Underground Hazard Coverage.
5.1.2.5 Broad Form Property Damaged.
5.1.2.6 Broad Form Contractual Coverage applicable to this specific Contract,
including any hold harmless and /or indemnification agreement.
00710-7
site.
6.3 The CONTRACTOR will furnish all materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities
and incidentals necessay for the execution, testing, initial operation and completion of the Work-
6A All materials and equipment will be new, except as otherwise provided in the Contract Documents. When special
makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such
materials shall be delivered to the site in their original packages or containers with seals unbroken and labels Intact.
6.5 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in
accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided
in the Contract Documents.
Materials. Eauioment. Products and Substitutions
6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by
the CONTRACTOR The CONTRACTOR shall submit to the CITY a list of proposed materials, equipment or products,
together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within
ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for
payment for "or equal" equipment will be approved until this list has been received and approved by the CITY.
6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by
reference to brand name or catalog number, it shall be understood that this is referenced for the purpose of defining
the performance of other salient requirements, and that other products of equal capacities, quality and function shall
be considered. The CONTRACTOR may recommend the substitution of a material, article, or piece of equipment
of equal substance and function for those referred to in the Contract Documents by reference to brand name or
catalog number, and if, in the opinion of the CONSULTANT, such material, article, or piece of equipment is of
equal substance and fimction to that specified, the CONSULTANT may approve its substitution and use by the
CONTRACTOR Incidental changes or extra component parts required to accommodate the substitute will be made
by the CONTRACTOR without a change in the Contract Price or the Contract Time.
6.6.2 No substitute shall be ordered or installed without the written approval of the CONSULTANT who shall be
the judge of quality.
6.6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for
an extension of construction time.
6.6.4 Should any Work or materials, equipment or products not conform with requirements of the Drawings and
Specifications or become damaged during the progress of the Work, such Work or materials shall be removed and
replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance
of the Project. All such Work shall be done at the expense of the CONTRACTOR-
6.6.5 No materials or supplies for the Work shall be purchased by the CONTRACTOR or any Subcontractor
subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by
the Seller. The CONTRACTOR warrants that they have good title to all materials and supplies used by them in the
Work.
Concerning Subcontractors
6.7 The CONTRACTOR will not employ any Subcontractor, against whom the CITY or the CONSULTANT may have
reasonable objection, nor will the CONTRACTOR be required to employ any Subcontractor who has been accepted by
00710-9
charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid
When such charges are normally made by the CITY and when so stated in the Special Conditions, there will be no charges
to the CONTRACTOR The CITY shall assist the CONTRACTOR, when necessary, in obtaining such permits and
licenses. The CONTRACTOR will also pay all public utility charges.
Electrical Power and Lighting :
6.16 Electrical power required during construction shall be provided by each prime CONTRACTOR as required by
them. This service shall be installed by a qualified electrical Contractor approved by the CITY. Lighting shall be provided
by the CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or
for safety. No temporary power shall be used off temporary lighting lines without specific approval of the
CONTRACTOR.
Laws and Regulations
6.17 The CONTRACTOR will give all notices and comply with all laws, ordinances, rules and regulations applicable
to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, they will
give the CITY prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification.
If the CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and
without such notice to the CITY, they will bear all costs arising therefrom; however, it shall not be their primary
responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules
and regulations.
Taxes
6.18 Cost of all applicable sales consumer, use, and other taxes for which the CONTRACTOR is liable under the
Contract shall be included in the Contract Price stated by the CONTRACTOR-
Record Drawings:
6.19 The CONTRACTOR will keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop
Drawings at the site in good order and annotated to show all changes made during the construction process. These shall
be available to any City Representative at all reasonable times and shall be delivered to the CITY upon completion of the
Proj ect.
Safety and Protection :
6.20 The CONTRACTOR will be responsible for initiating, maintaining and supervising all safety precautions and
programs in connection with the Work. They will take all necessary precautions for the safety of, and will provide the
necessary protection to prevent damage, injury or loss to:
6.20.1 All employees and other persons who may be affected thereby,
6.20.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the
site, and
6.20.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the course of
construction.
6.21 The CONTRACTOR will designate a responsible member of their organization at the site whose duty shall be the
00710-11
Cleanine up
6.29 The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses.
Upon completion of the Work, and before acceptance of final payment for the Project by the CITY, the CONTRACTOR
shall remove all their surplus and discarded materials, excavated material and rubbish from the roadways, sidewalks,
parking areas, lawn and all adjacent property; shall clean their portion of Work involved in any building under this
Contract, so that no further cleaning by the CITY is necessary prior to their occupancy; shall restore all property, both
public and private, which has been disturbed or damaged during the prosecution of the Work; and shall leave the whole
in a neat and presentable condition.
6.30 If the CONTRACTOR does not clean the Work site, the CITY may remove the rubbish and charge the cost to the
CONTRACTOR.
Public _Convenience and Safe
6.31 The CONTRACTOR shall, at all times, conduct the Work in such a manner as to insure the least practicable
obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area
of Work shall be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed"
signs shall be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands.
At any time that streets are required to be closed, the CONTRACTOR shall notify law enforcement agencies before the
street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment shall be
provided and maintained at all times.
Sanitary Provisions:
6.32 The CONTRACTOR shall provide on -site office, and necessary toilet conveniences, secluded from public
observation, for use of all personnel on the Work, whether or not in his employ. They shall be kept in a clean and sanitary
condition and shall comply with the requirements and regulations of the Public Authorities having jurisdiction. They shall
commit no public nuisance. Temporary field office and sanitary facilities shall be removed upon completion of the Work
and the premises shall be left clean.
Indemnification
6.33 In consideration of the separate sum of twenty -five dollars ($25.00) and other valuable consideration, the
CONTRACTOR shall indemnify and save harmless the CITY, its officers, agents and employees, from or on account of
any injuries or damages, received or sustained by any person or persons during or on account of any operations connected
with the construction of this Project; including the warranty period, or by or in consequence of any negligence (excluding
negligence of CITY), 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 or his Subcontractor, agents, servants or employees. The CONTRACTOR will
indemnify and hold harmless the CITY and the CONSULTANT and their agents or employees from and against all claims,
damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work,
provided that any such claim damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to
injury to or destruction of tangible property (other than Work itself) including the loss of use resulting therefrom and (b)
is caused in whole or in part by any negligent act or omission of the CONTRACTOR, Subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be Iiable, regardless of whether or not it
is caused by a party indemnified hereunder.
6.34 In the event that any action or proceeding is brought against CITY by reason of any such claim or demand,
CONTRACTOR, upon written notice from CITY shall defend such action or proceeding by counsel satisfactory to CITY.
The indemnification provided above shall obligate CONTRACTOR to defend at its own expense or to provide for such
defense, at CITY'S option, any and all claims of liability and all suits and actions of every name and description that may
be brought against CITY, excluding only those which allege that the injuries arose out of the sole negligence of CITY,
00710-13
Use Premises
6.39 CONTRACTOR shall confine his apparatus, storage of materials, and operations of their workmen to the limits
indicated by law, ordinances, permits and directions of CITY, and shall not unnecessarily encumber any part of the site.
6.39.1 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight
as will endanger its safety, nor shall he subject any party of the work to stresses or pressures that will endanger
it.
6.39.2 CONTRACTOR shall enforce CITY'S instructions in connection with signs, advertisements, fires and
smoking.
6.39.3 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles of their
employees, subcontractors and other personnel, and in routine material delivery trucks and other vehicles to the
Project site.
Protection of Existing Provertv Improvements
6.40 Any existing surface or subsurface improvements, such as pavements curbs, sidewalks, pipes or utilities, footings,
or strictures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the
Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such
improvements damaged during construction of the Project shall be restored at the expense of the CONTRACTOR to a
condition equal to that existing at the time of award of Contract.
ARTICLE 7 - WORK BY OTHERS
7.1 The CITY may perform additional Work related to the Project, or may let other direct contracts therefore which shall
contain General Conditions similar to these.
The CONTRACTOR will afford the other contractors who are parties to such direct contracts (or the CITY, if they are
performing the additional Work themselves), reasonable opportunity for the introduction and storage of materials and
equipment and the execution of Work, and shall properly connect and coordinate their Work with theirs.
72 If any part of the CONTRACTOR'S Work depends upon proper execution or results of the Work of any
CONTRACTOR (or the CITY), the CONTRACTOR will promptly report to the CITY in writing any defects or
deficiencies in such Work that render it unsuitable for such proper execution and results.
73 The CONTRACTOR will do all cutting, fitting and patching of the Work that may be required to make its several
parts come together properly and fit it to receive or be received by such other Work. The CONTRACTOR will 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 the CITY and of the other CONTRACTORS whose Work will be affected.
7.4 if the performance of additional Work by other contractors or the CITY is not noted in the Contract Documents
prior to the execution of the Contract, written notice thereof shall be given to the CONTRACTOR prior to starting any
such additional Work. If the CONTRACTOR believes that the performance of such additional Work by the CITY or
others involves them in additional expense or entitles them to an extension of the Contract Time, they may make a claim
therefore as provided in articles 1 I and 12.
7.5 Where practicable, the CONTRACTOR shall build around the Work of other separate CONTRACTORS or shall
leave chases, slots and holes as required to receive and to conceal within the general construction Work the Work of such
other separate CONTRACTORS as directed by them. Where such chases, slots, etc., are impracticable, the Work shall
require specific approval of the CITY.
00710-15
9.4 In connection with the CITY'S responsibility for Change Orders, see Articles 10, 11, and 12
9.5 In connection with the CITY'S responsibilities in respect of Application of Payment, etc., see Article 14,
Resident Proiect Representative:
9.6 The CITY will provide construction observation sufficient to confirm to CITY and all applicable regulatory agencies
that construction is in compliance with the Construction Drawings and the Contract Specifications.
Decisions on Disagreements:
9.7 The CITY will be the initial interpreter of the Construction Drawings.
Limitations on Consultant's Responsibilities.
9.8 The CITY will not be responsible for the construction means, methods, techniques, sequences or procedures, or the
safety precautions and programs incident thereto.
9.9 The CITY will not be responsible for the acts or omissions of the CONTRACTOR, or any Subcontractors, or any
of their or their agents or employees, or any other person performing any of the Work.
ARTICLE 10 - CHANGES W THE WORK
10.1 Without invalidating the Agreement, the CITY may, at anytime or from time to time, order additions, deletions
or revisions in the Work; these shall be authorized by Change Orders. Upon receipt of a Change Order, the
CONTRACTOR will proceed with the Work involved. All such Work shall be executed under the applicable conditions
of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or
shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12. A Change
Order signed by the CONTRACTOR indicates their agreement therewith.
10.2 The CITY may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent
with the overall intent of the Contract Documents. These may be accomplished by a Field Order. If the CONTRACTOR
believes that any minor change or alteration authorized by the CITY entitles them to an increase in the Contract Price or
extension of Contract Time, they may make a claim therefor as provided in Articles 11 and 12.
10.3 Additional Work performed by the CONTRACTOR without authorization of a Change Order will not entitle them
to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided
in paragraph 6.22 and except as provided in paragraph 10.2.
10.4 The CITY will execute appropriate Change Orders prepared by the CITY covering changes in the Work, to be
performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.22 and any
other claim of the CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by the
CITY.
10.5 It is the CONTRACTOR'S responsibility to notify his Surety of any changes affecting the general scope of the
Work or change in the Contract Price or Contract Time and the amount of the applicable bonds shall be adjusted
accordingly. The CONTRACTOR will furnish proof of such an adjustment to the CITY.
ARTICLE 11 - CHANGE OF CONTRACT PRICE
11.1 The Contract Price constitutes the total compensation payable to the CONTRACTOR for performing the Work.
All duties, responsibilities and obligations assigned to or undertaken by the CONTRACTOR shall be at their expense
00710-17
11.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage, and manufacturers' field services required in connection therewith. All cash
discounts shall accrue to CONTRACTOR unless CITY deposits funds with CONTRACTOR with which to
make payments in which case the cash discounts, shall accrue to the CITY. All trade discounts, rebates and
refunds, and all returns from sale of surplus materials and equipment shall accrue to CITY, and CONTRACTOR
shall make provisions so that they may be obtained.
11.4.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If
required by CITY, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and
shall deliver such bids to CITY who will then determine which Bids will be accepted. If a Subcontract provides
that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work shall be
determined in accordance with paragraphs 11.4 and 11.5.
11.4.4 Rentals of all construction equipment and machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental agreements approved by CITY, and the costs of
transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with 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.
11.4.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any
governmental authority.
11.4.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate
item.
11.4.7 The cast of utilities, fuel and sanitary facilities at the site.
11.4.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage
and similar petty cash items in connection with the Work.
11.4.9 Cost of premiums for additional Bonds and Insurance required solely because of changes in the Work,
not to exceed two percent (2 %) of the increase in the Cost of the Work.
11.5 The term Cost of the Work shall not include any of the following:
11.5.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents,
expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in his
principal or a branch office for general administration of the Work and not specifically included in the schedule
referred to in subparagraph 11.4.1 - all of which are to be considered administrative costs covered by the
CONTRACTOR'S fee.
11.5.2 Expenses of CONTRACTOR'S principal and branch offices other than his office at the site
11.5.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital
employed for the Work and charges against CONTRACTOR for delinquent payments.
11.5.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required
by the Contract Documents to purchase and maintain the same (except as otherwise provided in subparagraph
11.4.9).
11.5.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly
00710-19
approved extension of time granted to CONTRACTOR whichever date is later. Such costs shall be
deducted from the monies due CONTRACTOR for performance of Work under this Contract by means
of a unilateral Change Order issued by the CITY.
12.4 The Contract time may only be changed by a Change Order. Any claim for an extension in the CONTRACT
TIME shall be based on written notice delivered to the CITY within five (5) days of the occurrence of the event giving
rise to the claim and stating the general nature of the claim including supporting data.
All claims for adjustment in the Contract Time shall be evaluated and recommended by the CITY, with final approval by
the CITY'S representative. Any change in the Contract Time resulting from any such claim shall be incorporated in a
Change Order.
12.5 All time limits stated in the Contract Documents are of the essence of the Agreement.
12.6 No claim for delay shall be allowed because of failure to furnish Drawings until fourteen (14) days after demand
to the CITY for such Drawings and not then unless such claim be reasonable.
12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather shall be submitted as a
request for a change in the Contract Time pursuant to Section 12.4. These time extensions are justified only when rains
or other inclement weather conditions or related adverse soil conditions prevent CONTRACTOR from productively
performing controlling items of Work identified on the accepted schedule or updates resulting in:
a) CONTRACTOR being unable to work at least fifty percent (50 %) of the normal workday on controlling
items of Work identified on the accepted schedule or updates due to adverse weather conditions; or
b) CONTRACTOR must make major repairs to the Work damaged by weather. Providing the damage was
not attributable to a failure to perform or neglect by CONTRACTOR, and providing that CONTRACTOR was
unable to work at least fifty percent (50 %)of the normal workday on controlling items of Work identified on the
accepted schedule or updates.
12.8 No Damages for Delay: No claim for damages or any claim, other than for an extension of time as provided for
in Section 12.4 shall be made or asserted against CITY by reason of any delays. CONTRACTOR shall not be
entitled to an increase in the Contract Price or payment or compensation of any kind from CITY for direct,
indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of
acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable
or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. CONTRACTOR shall be entitled
only to extensions of the Contract Time as the sole and exclusive remedy for such resulting delay.
ARTICLE 13 - GUARANTEE
13.1 The CONTRACTOR shall guarantee and unconditionally warranty through either the manufacturer or the
CONTRACTOR directly, all materials and equipment furnished, arid Work performed for a period of one (1) from the
date of Final Acceptance as indicated in the CITY'S Letter OF Recommendation Of Acceptance. The CITY will give
notice of observed defects with reasonable promptness. In the event that the CONTRACTOR should fail to promptly
correct such defective or non - conforming Work, the CITY may cause the defective Work to be removed or corrected
at the CONTRACTOR'S expense, and the CITY may charge the CONTRACTOR the cost thereby incurred. The
Performance Bond shall remain in full force and effect through the guarantee period.
132 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in
Section 13.1 shall be applicable.
00710-21
check the quality or the quantity of the Work, or that they have reviewed the means, methods, techniques, sequences and
procedures of construction or that they had made any examination to ascertain how or for what purpose the
CONTRACTOR has used the moneys paid or to be paid to them on account of the Contract Price, or that title to any
Work, materials, or equipment has passed to the CITY free and clear of any liens.
14.5 The CONTRACTOR shall make the following certification on each request for payment:
"I hereby certify that the labor and materials listed on this request for payment have been used in the construction of this
Work or that all materials included in this request for payment and not yet incorporated into the construction are now on
the site or stored at an approved location, and payment received from the last request for payment has been used to make
payments to all first tier Subcontractors and suppliers except as listed below ".
14.6 The CITY REPRESENTATIVE may refuse to approve the whole or any part of any payment if, in their opinion,
they are unable to make such representations to the CITY. They may also refuse to approve any payment, or because
of subsequently discovered evidence or the results of subsequent inspection or tests, nullify any such payment previously
approved, to such extent as may be necessary in their opinion to protect the CITY from loss because:
14.6.1 The Work is defective, or completed Work has been damaged requiring correction or replacement,
14.6.2 The Work for which payment is requested cannot be verified,
t 4.6.3 Claims or Liens have been filed or there is reasonable evidence indicating the probable filing thereof,
14.6.4 The Contract Price has been reduced because of modifications,
14.6.5 The CITY has been required, to correct d-efective Work or complete the Work in. accordance with
Article 13.
14.6.6 Of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29
and 6.30,
14.6.7 Of persistent failure to cooperate with other contractors on the Project and persistent failure to carry
out the Work in accordance with the Contract Documents,
14.6.8 Of liquidated damages payable by the CONTRACTOR, or
I4.6.9 Of any other violation of, or failure to comply with provisions of the Contract Documents.
14.7 Prior to Final Acceptance the CITY with the concurrence of the CONTRACTOR, may use any completed or
substantially completed portions of the Work. Such use shall not constitute an acceptance of such portions of the Work.
14.8 The CITY shall have the right to enter the premises for the purpose of doing Work not covered by the Contract
Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care
and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or
employees of the CITY.
14.9 Upon completion and acceptance of the Work the CITY shall issue a certificate attached to the final payment
request that the Work has been accepted by them under the conditions of the Contract Documents. The entire balance
found to be due the CON'T'RACTOR, including the retained percentages, but except such sums as may be lawfully retained
by the CITY, shall be paid to the CONTRACTOR within sixty (60) days of completion and acceptance of the Work,
Acceptance of Final Pavment as Release
00710-23
If after termination of the CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for
any reason that the CONTRACTOR was not in default, the rights and obligations of the CITY and the CONTRACTOR
shall be the same as if the termination had been issued pursuant to Section 15.6.
15.5 Where the CON'TRACTOR'S services have been so terminated by the CITY said termination shall not affect any
rights of the CITY against the CONTRACTOR then existing or which may thereafter accrue. Any retention or payment
of moneys by the CITY due the CONTRACTOR will not release the CONTRACTOR from liability.
15.6 Upon seven (7) days written notice to the CONTRACTOR, the CITY may, without cause and without prejudice
to any other right or remedy, elect to abandon the Project and terminate the Agreement. In such case, the
CONTRACTOR shall be paid for all Work executed and accepted by the CITY as of the date of the termination. No
payment shall be made for profit for Work which has not been performed.
Removal ofEouipmertt
15.7 In the case of termination of this Contract- before completion fur any- muse whatever; the CONTRACTOR, if
notified to do so by the CITY, shall promptly remove any part or all of his equipment and supplies from the property of
the CITY. Should the CONTRACTOR not remove such equipment and supplies, the CITY shall have the right to remove
them at the expense of the CONTRACTOR Equipment and supplies shall not be construed to include such items for
which the. CONTRACTOR has_been- paid-in-whole- oi: in part_.
Contractor May Stotn Work or Terminate
15.8 If, through no act or fault of the CONTRACTOR, the Work is suspended for a period of more than ninety (90)
days by the CITY or under an order of court of other public authority, or the CITY fails to act on any Application for
Payment within thirty (30) days after it is submitted, or the CITY fails to pay the CONTRACTOR any sum approved by
the CITY, within thirty (30) calendar days of its approval, and presentation, then the CONTRACTOR may, upon twenty
(20) calendar days written notice to the CITY, terminate the Agreement. The CITY may remedy the delay or neglect
within the twenty (20) calendar days time frame.. If timely remedied by the CITY the Contract shall not be considered
terminated. In lieu of terminating the Agreement, if the CONSULTANT has - failed to -acct on an- .Application for - Payment
or the CITY has failed to make any payment as aforesaid, the CONTRACTOR may upon ten (10) calendar days notice
to the CITY stop the Work until they have been paid all amounts then due.
ARTICLE 16 - MISCELLANEOUS
16.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have
been validly given if 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 if delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to them who gives the notice.
16.2 The Contract Documents shall remain the property of the CITY. The CONTRACTOR shall have the right to keep
one record set of the Contract Documents upon completion of the Project.
16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplemental Conditions
and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and
obligations imposed upon CONTRACTOR by paragraphs 6.36 and 14.3 and those in the Special Conditions and the rights
and remedies available to the CITY thereunder, shall be in addition to, and shall not be construed in any way as a
limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract
Documents.
16.4 Should the CITY or the CONTRACTOR suffer injury or damage to its person or property because of any error,
omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim
00710-25
SECTION 011.10
SUMMARY OF WORK
The Work covered by the Specifications, Plans and other Contract Documents, shall be the furnishing and installing
all materials, equipment, tools, and superintendence necessary for the complete in place Project as outlined in the
Plans and Specifications and other contract documents and accepted by the CITY.
More specifically:
Furnishing and installing concrete sidewalk and curb
Furnishing and installing turf block pavers
Adjustment of manholes and valve boxes
END OF SECTION
01110-1
SECTION 01290
PROCESSING OF APPLICATION FOR PAYMENT
Cut -off date is the close of the Work day of the 20th day of each month.
CONTRACTOR shall submit by the 25th day of each month CONTRACTOR's completed Application and for Payment.
Should the 25th fall on a weekend or holiday, CONTRACTOR shall submit his application on the next workday.
CONTRACTOR is advised that processing of draws must follow this schedule, as the OWNER has funding requirements
and other payment obligations which may prevent payment of late Application for Payment for that month's billing cycle.
Late Application for Payment with a Recommendation for Payment by the CITY will be paid in the next month's billing
cycle.
END OF SECTION
01290-1
SECTION 01336
SHOP DRAWINGS
NUMBER OF COPIES REQUIRED
For shop drawings and data which requires review, the minimum number of copies required is Eve (5).
DISPOSITION OF SUBMITTAL DATA
Data is reviewed and requires no correction will be marked "No Exceptions Taken" or "Approved" and distributed
for Data construction and / or manufacture.
Data that is reviewed and has only minor corrections will be stamped "Approved as Noted" and distributed for
construction and / or manufacture.
Data requiring more numerous changes or corrections will be marked "Revise and Resubmit ". When revised, the data
will be stamped and distributed for construction.
Data that contains substantial errors or omissions or which is not clearly legible will be marked "Revise and
Resubmit" and will be returned for re submittal of corrected material.
Data that does not conform to the Plans or meet the Specifications or fully equals the established standard will be
marked 'REJECTED ".
REVIEW PERIOD
The CITY shall review submittals and respond to them within 10 working days of their receipt.
END OF SECTION
01336- 1
SECTION 01414
REGULATORY REQUIREMENTS
LOCAL
Comply with The City of Sunny Isles Beach, South Florida Building Code, Dade County Product Approval
Process,Florida Department of Transportation, Dade County or North Miami Beach Water and Sewer Department
standards for permits, materials, and workmanship, and all other governmental and quasi - governmental organizations
that have jurisdiction over the work.
STATE
Comply with State Of Florida Laws and Regulations , as a minimum. The right is reserved by CITY to allow all
interested parties with a vested interest in the Work to have access to the Work. If inspections are to be performed by
vested interested parties, CONTRACTOR shall assist in those inspections. This shall include- inspection of Work in
progress, completed Work, material on hand, and material manufactured but not shipped.
FEDERAL
Comply with, as a minimum:
Department of Labor Occupational Safety and Health Administration Occupational Safety and Health
Standards (29 CFR 1926/1910), Latest Edition
Americans with Disabilities Act of 1990 hnm-igration Reform and Control Act 1 -98-6
FRL- 4202 -4EPA - Final NPDES General Permits for Storm Water Discharge
END OF SECTION
01414-1
SECTION 01422
ABBREVIATIONS
The following abbreviations and symbols may be used in the Specifications and Drawings. The CONTRACTOR shall
notify the CITY if the meaning of any abbreviation or symbol is unclear.
A.C.
Asbestos- Cement
` sph.
Asphalt
Assy.
Assembly
@
At
Ave.
Avenue
B.L. or B.
Base Line
Bot. or Btm.
Bottom
B.F.
Blind Flange
B.F.
Butterfly Valve
C.I.
Cast Iron
C.I.P.
Cast Iron Pipe
CL.
Clear
C.L. or C
Center Line
Conc.
Concrete
C.M'U.
Concrete Masonry Unit
C.O.
Clean out
Cond.
Conduit
Corr.
Corrugated
C.M.P.
Corrugated Metal Pipe
Cu.
Cubic
C.F.
Cubic Feet
C.F.M. or cfm
Cubic-Feet Per Minute
C.F.S. or cfs
Cubic Feet Per Second
C.Y.
Cubic Yard
Culv.
Culvert
D.I.P.
Ductile Iron Pipe
Dia. or
Diameter
Dr.
Driveway
Dwls.
Dowels
Degree
EA or Ea
Each
E.F.
Each Face
Elev. -or EL.
Elevation
F.
Fahrenheit
Fig.-
Flange
F.L. or F
Flow Line
Ft. or'
Foot or Feet
Furn.
Furnish
Gal.
Gallon
Galv. or G.
Galvanized
G.I.P.
Galvanized Iron Pipe
Gkt.
Gasket
G.P.M. or gpm
Gallons Per Minute
G.V.
Gate Valve -
H.D.G.
Hot Dipped Galvanized
Hor.
Horizontal
01422-1
WI
W. W.F.
Yd.
END OF SECTION
01422-3
With
Welded Wire Fabric
Yard
SECTION 01424
REFERENCES AND STANDARDS
Whenever reference is made to the furnishing of materials or testing thereof to conform to the standards of any
technical society, organization, or body, it shall be construed to mean the latest standard, code, specification, or
tentative specification adopted and published at the time of advertisement for bids, even though reference has been
made to an earlier standard. Such standards are made a part hereof to the extent which is indicated or intended.
The following are names and abbreviations of such groups:
AASHTO for American Association of State Highway and Transportation Officials
ACI
for American Concrete Institute
AGMA
for American Gear Manufacturers Association
AIEE
for American Institute of Electrical Engineers
RISC
for American Institute of Steel Construction
ANSI
for American National Standards Institute
ASCE
for American Society of Civil Engineers
ASA
for American Standards Association
ASHE
for American Society of Heating and Ventilating Engineers
ASME
for American Society of Mechanical Engineers
ASTM
for American Society for Testing Materials
AWPA
for American Wood Preservers Association
AWSC
for American Welding Society Code
AWWA
for American Water Works Association
CIPRA
for Cast Iron Pipe Research Association
Fed. Spec.
for Federal Specification
FDOT
for Florida Department of Transportation
NAA
for National Arborist Association
Navy Spec.
for Navy Department Specification
NEC
for National Electric Code
NEMA
for National Electrical Manufacturers Association
OSHA
for Occupational Safety and Health Administration
SAE
for Society of Automotive Engineers Association
U.L. Inc.
for Underwriter's Laboratories, Inc.
SHBI
for Steel Heating Boiler Institute
END OF SECTION
01424-1
SECTION 01450
QUALITY CONTROL
UNFAVORABLE CONSTRUCTION CONDITIONS
During unfavorable weather, wet ground, or other unsuitable construction conditions, the CONTRACTOR shall
confine his operations to Work which will not be affected adversely thereby. No portion of the Work shall be
constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or
precautions are taken by the CONTRACTOR to perform the Work in a proper and satisfactory manner.
01450-1
SECTION 01700
CLOSE OUT DOCUMENTS
CONTRACTOR shall provide at the minium the following documents at the completion of the Project.
1. 1- Copy signed and sealed of material test reports, including 28 day breaks for concrete.
2. 5 - Copies of the "As Built" Survey
3. Operating manual, parts lists and warranties for equipment installed.
4. Final inspection release from the Building Department for WORK installed.
5. Release of lien from all subcontractors and materialmen.
6. Release from surety for final payment.
7. Final release of lien from the Contractor.
8. Completion of all punch list items
9. Acceptance by all permitting and interested agencies
END OF SECTION
01700-1