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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