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HomeMy WebLinkAboutSpecificationsNOTICE CITY OF SUNNY ISLES BEACH REQUEST FOR BIDS NO. 03-04-01 ENTRANCE SIGNAGE Notice is hereby given that the City of Sunny Isles Beach is requesting bids.-for entrance signage. 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 signage. Sealed Bids will be received at the Office of the City Clerk, City of Sunny Isles Beach, 17070 Collins Avenue, Suite #250, Sunny Isles Beach, Florida, 33160, until 11:00 A.M., Thursday, May 15, 20031 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 ENTRANCE SIGNAGE [BID No. 03 -04- 011 ". Each bidder must submit one original and five (5) copies of the complete bid package. Faxed or e- mailed bids will not be accepted. Bids will not be accepted after *11:00 A.M. on May 15, 2003 under any circumstances. Please call the City Clerk's Office at (305) 947 -0606 to request a copy of the Bid Specifications. 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. Christopher Russo City Manager CITY OF SUNNY l ISLES LEACH � ENTRANCE SIGNAGE i Bid No.: 03 -04 -01 April 4, 2003 11 re erred &y: OTEARY DESIGN ASSOCIATES, P.A. Landscape Architects /Land Planners 8525 S.V. 92nd Street, Suite C -Ll Miami, Florida 33156 LJI 1 1 r. 1 SECTION 00010 TABLE OF CONTENTS I� 1 t F1 1 1 I SECTION 00014 TABLE OF CONTENTS Division 00000 Table of Contents Section 00010 List of Drawings Section 00015 Advertisement for Bids Section 00100 Instructions to Bidders Section 00210 Bid Form Section 00410 Award Preference For Tied Bids Section 00420 Bid Bond Section 00432 List Of Proposed Subcontractors Section 00434 Bidder Qualification Statement Section 00450 Non - Collusion Affidavit Section 00454 Sworn Statement Florida Statutes On Public Entity Crimes Section 00456 Notice Of Award Section 00510 Agreement Section 00526 Notice To Proceed Section 00550 Form Of Payment Bond Section 00612 Form Of Performance Bond Section 00614 Acknowledgment Of Conformance With OSHA Standards Section 00620 General Conditions Section 00710 Supplementary Conditions Section 00810 Division 01000 General Requirements Summary Of Work Section 01110 Special Coordination Section 01146 Processing of Application For Payment Section 01290 Construction Scheduling Section 01325 Shop Drawings Section 01336 Standard Specifications and Details Section 01412 Regulatory Requirements Section 01414 References and Standards Section 01424 Quality Control - Unfavorable Conditions Section 01450 Material Testing Section 01452 Temporary Facilities Section 01500 Traffic Control Section 01550 Temporary Tree and Plant Protection Section 01565 Facility Testing Section 01660 Close Out Documents Section 01700 Division 02000 Site Work Technical Specifications Rights of Way Preparation Section 02222 Signage Section 02841 Division 03000 Concrete Technical Specifications Not Included Division 04000 Masonry Technical Specifications Not Included Division 05000 Metals Technical Specifications Not Included 00010-1 Division 06000 Woods and Plastics Technical Specification Not Included Division 07000 Thermal and Moisture protection Technical Specifications Not Included Division 08000 Doors and Windows Technical Specification Not Included Division 09000 Finishes Technical Specifications Not Included Division 10000 Specialties Technical Specifications Not Included Division 11000 Equipment Technical Specifications Not Included Division 12000 Furnishings Technical Specifications Not Included Division 13000 Special Construction Technical Specifications Not Included Division 14000 Conveying Systems Technical Specifications Not Included Division 15000 Mechanical Technical Specifications Not Included Division 16000 Electrical Technical Specifications Not Included END OF SECTION 00010-2 I� L _7 SECTION 00015 1 it Fl LIST OF DRAWINGS Fl, SECTION 00015 LIST OF DRAWINGS Drawings incorporated into the Project are as follows: DRAWING TULE SHEET NUMBER Title Sheet Site Plans L -1 to L -3 Signage Details and Notes S -1 to S -3 END OF SECTION 00015-1 J fl t �1-1 t SECTION 00100 ADVERTISEMENT TO BID SECTION 00100 ADVERTISEMENT FOR BIDS CITY OF SUNNY ISLES BEACH FLORIDA Sealed bids will be received at the Office of the City Clerk, City of Sunny Isles Beach, 17070 Collins Avenue, Suite #250, Sunny Isles Beach, Florida, 33160, until 11:00 A.M., May 15, 2003, at which time they will be opened and read for: SUNNY ISLES BEACH ENTRANCE SIGNAGE BID NO.: 03 -04 -01 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 signage. Please call the City Clerk's Office at (305) 947 -0606 to request a copy of the Bid Specifications. The City of Sunny Isles Beach reserves the right to reject any or all bids, to waive any informality, irregularity or technicality in any bid, to re- advertise for bids, or take any other such actions that may be deemed to be in the best interests of the City. Christopher J. Russo, City Manager END OF SECTION 00100-1 II 1 F J SECTION 00200 INSTRUCTIONS TO BIDDER SECTION 00210 1 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 CLERK ON OR BEFORE THE CLOSING HOUR AND DATE SHOWN ON THE PUBLIC NOTICE TO BIDDERS FORM. C! JI 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 CLARII+ICATIONS: 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 written questions /clarifications will be available for review, upon request of any party. 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 GEI.4ERAL CONDITIONS, INSTRUCTIONS TO THE BIDDERS ' 2.1: SUBMISSION OF BIDS 2.1.1: BID FORMS: Bidders must use the bid form(s) furnished by the City. Failure to do so may cause the bid to be rejected. Removal or replacement of any of the bid proposal documents may invalidate the bid. ' 2.1.2: Proposals having an erasure or corrections must be initialed by the bidder in ink. Bids shall be signed in ink; all quotations shall be typewritten or filled in with ink. No submissions in pencil will be accepted. 2.2: MISTAKE: If there is a discrepancy in the unit and extended prices, the unit prices(s) will prevail and the extensions adjusted to coincide. Bidders are responsible for checking their calculations. Failure to do so will be at the bidder's risk, and errors will not release the bidder from his responsibility as noted herein. 2.3: GUARANTIES: No guarantee or warranty is given or implied by the City as to the total amount that may or may ' not be purchased from any resulting contract or award. These quantities are for bidding purposes only and will be used for tabulation and presentation of the bid. The City reserves the right to reasonably increase or decrease quantities as required. 2.4: DELIVERY: All items shall be delivered F.O.B. destination (I.E. at a specific City of Sunny Isles Beach address), ' and delivery costs and charges (if any) will be included in the bid price. n 1 00210-2 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. I J 00210-3 r 1 124VITATION TO BID ' 4.1: LIABILITY, INSURANCE, LICENSES & PERMPI'S: Where bidders are required to enter onto City of Sunny Isles Beach property to deliver materials or to perform work or services as a result of a bid award, the bidder will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, inspections, and insurance required. The ' bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder (or his agent) or any person or subcontractor the bidder has designated in the completion of his contract as a result of the bid. Contractor shall be required to furnish a certified copy of all licenses, certificates of competency or other licensure requirements necessary to practice his profession as required by Florida State Statute, South Florida Building Code, Dade County, or City of Sunny Isles Beach Code. Contractors must include current Dade County certificates of competency. These documents shall be furnished to the City along with the bid response. Failure to furnish these documents or to have required licensure will be grounds for rejecting the bid and forfeiture of the bid bond. ' 4.1.2: The vendor shall furnish to the City Manager, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 9250, Sunny Isles Beach, Florida 33160, certificate(s) of insurance which indicate that insurance coverage has been obtained by an insurance company authorized to do business in the State of Florida or otherwise secured in a manner satisfactory to the City in an amount equal to 100% of the requirements and shall be presented to the City prior to issuance of any contract(s) or award(s) document(s) which meets the requirements as outlined below: Workers compensation insurance for all employees of the vendor as required by Florida Statute 440 as amended. In addition, Comprehensive, General liability insurance (GCL) including broad form contractual liability coverage for bodily injury and property damage liability with limits of One Million Dollars ($1,000,000) combined single limit occurrence, is required. The GCL policies must include premises /operations, products /completed operations, broad form contractual and independent contractors coverages. The City of Sunny Isles Beach shall be named as "additional insured" with respect to this coverage. Such insurance shall not diminish Contractors indemnification obligations hereunder. The insurance policy shall be issued by such company, in such forms and with such limits of liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any insurance, which the City may maintain. Before any work under this Agreement is performed, and at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing the minimum required coverage and appropriately endorsed for contractual liability with the City named as an additional insured. All policies shall contain a waiver of subrogation endorsement. All policies and certificates shall be in forms and issued by insurance companies acceptable to the City's Risk Management Department. All insurance policies and certificates of insurance shall provide that the policies may not be canceled or altered without thirty (30) calendar days prior to written notice to the City's Risk Management Department. The City reserves the right from time to time to change the insurance coverage and limits of liability required to be maintained by Contractor hereunder. 1� t 1 Fill ' 00210-4 LI INVITATION TO BID 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 AM. Best's Key Rating Guide, latest edition 1 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 of any 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. 1 1 1 00210-5 INVTTATION TO BD 6.1 AWARD OF BIDS: The City of Sunny Isles Beach reserves the right to accept or reject any and /or all bids or parts of bids, to waive any informality, irregularities or technicalities, to re- advertise for bids, or take any other actions that may be deemed to be in the best interests of the City. The City also reserves the right to award the contract on a split order ' basis, group by group, or item by item, or such combination as will best serve the interests of the City, unless otherwise stated. The City also reserves the right to waive minor variations to the specifications (interpretation of such to be made by the applicable department personnel). Final determination and award of bid(s) shall be made by the City Manager. All contracts shall be awarded by the City Manager, as stated above, to the lowest responsible and responsive bidder, as defined in City Ordinance 2000 -101. In addition to price, there shall be considered the following: ' (1) the capacity, ability and skill of the provider to perform the contract; (2) whether the provider can perform the contract within the time specified without delay or interference; ' (3) the character, integrity, reputation, judgement, experience and efficiency of the provider; (4) professional licensure required when service of a skilled nature as required by law to perform such service and/or skill; (5) the quality of performance of previous contracts; (6) experience in work of this type within FDOT rights -of -way; ' (7) the previous and existing compliance by the provider with laws and ordinances relating to the contract; (8) the City Manager may, by Administrative Order, establish a set of criteria of a numerical nature that ' may be utilized in awarding contracts hereunder. 6.1.2: EVALUATION OF BIDS: The City, at it's discretion, reserves the right to inspect any /all bidders facilities to ' determine their capability of meeting the requirements for the contract. Also, price, responsibility and responsiveness of the bidder, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or with other units of State, and/or Local governments in Florida, or comparable private entities, will be taken 1 into consideration in the award of a contract. 6.1.3: IDENTICAL (TIE BIDS): Shall be awarded by the City in compliance with Florida State Statutes providing for a drug free workplace, that is, in the event of an identical tie bid, a preference shall be given to a business having a drug free workplace under Florida State Statute 287.087, as amended. Failure to provide proof of compliance when requested shall be cause for rejection of the bid as determined by the City. 6.1.4: ASSIGNMENT: The contractor shall not transfer or assign the performance required by this bid without prior written consent of the City Manager of the City of Sunny Isles Beach. Any award issued pursuant to this bid invitation and monies which may be due hereunder are not assignable except with prior written approval of the City Manager of the City of Sunny Isles Beach. 6.1.5: GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material quality, workmanship, or performance of the items offered on this bid prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in his letter the specific regulation which required an alteration. The City of Sunny Isles Beach reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel at no further expense to the City. '00210-6 1 1 ii 1 1 1 n Di MATION 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 LIAB]LITY/INDEMNTTY: 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 INVITATION TO BID 8.1: INDEMNIFICATION: The contractor shall indemnify, save harmless, and defend the City of Sunny Isles Beach, it's officers, agents and employees from and against any claims, demands or causes ofaction of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the contractor, his agents, servants or employees ' in the provision of goods or the performance of services pursuant to this bid and /or from any procurement decision of the City including without limitation, awarding the contract to the contractor. 8.1.2: SECONDARY /OTHER VENDORS: The City reserves the right in the event the primary vendor cannot provide an item(s) or service(s) in a timely manner as requested, to seek other sources without violating the intent of the contract. ' 8.1.3: DEFAULT PROVISION: In case of default by the bidder or contractor, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 1 1 t 8.4: NONCONFORMANCE TO CONTRACT: The City of Sunny Isles Beach may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within (5) calendar days by the vendor at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and the City shall have the right to dispose of them as it's own property. Rejection for nonconformance, or failure to meet delivery schedules may result in the contract being found in default. 8.5: ASSIGNMENT: This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Contractor and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 8.6: NOTICES: All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: if to the City one to Christopher J. Russo, City Manager and one to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160. The address of the Contractor for notices is 8.7: GOVERNING LAW: The validity of the Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami -Dade County, in the State of Florida. 00210-8 ' 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. t8.9: 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 tcost of collection and judgement enforcement. 1 00210-9 INVITATION TO BID SPECIFICATIONS BONDING REQUIREMENTS: The bidder, in submitting this bid, must include a 5% bid bond for the total cost of the bid. Such bond maybe in the form of a certified or cashier's check or approved bid bond in the amount of 5% of the total amount of the bid. PERFORMANCE & PAYMENT BONDS: The City of Sunny Isles Beach shall require the successful bidder to furnish performance and payment bonds, each in the amount of 100% of the total bid price, with the City of Sunny Isles Beach as the obligee, as security for the faithful performance of the contract and for the payment of all persons performing labor or furnishing materials in connection herewith. The bonds shall be with a surety company authorized to do business in the State of Florida. Should the City decide to suspend or discontinue this requirement, the successful bidder shall deduct all premiums for said bonds for the affected contract period. END OF SECTION 00210-10 ' SECTION 00400 I BID FORM t 0 ISECTION 00410 BID FORM i . 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 1 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. Addendum No. Addendum No. Addendum No. Dated: Dated: Dated: 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 THIS BID IS SUBMITTED TO: City of Sunny Isles Beach 1 17070 Collins Avenue, Suite #250 Sunny Isles Beach, Florida 33160 i . 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 1 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. Addendum No. Addendum No. Addendum No. Dated: Dated: Dated: 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 t 1 1 (e) M (g) (h) studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDER- This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over the City. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from the Schedule Of Values, except to the extent that the City changes the scope of Project after the Contract Date. As such the Contractor shall furnish all labor, materials, equipment, tools superintendence and services necessary to provide a complete in place Project for the Bid Price of 00410-2 BASE BID: dollars and cents LUMP SUM (Written Total Base Bid Price - From Schedule Of Values, Page 00410 -4) 5. BIDDER agrees that the work will be complete in full within 150 calendar days from the date stipulated in the Notice to Proceed. 6. Communications concerning this Bid shall be addressed to: BIDDER: Address: Telephone Facsimile Number Attention: 7. 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 References Section 02841 02841 02841 SCHEDULE OF VALUES FOR LUMP SUM CONTRACT BASE BID CITY OF SUNNY ISLES BEACH ENTRANCE SIGNAGE SIGNAGE Description Unit Unit Price Sign Type I (Installed) LS $ Sign Type II (Installed) LS $ Sign Type III (Installed) LS $ TOTAL OF BASE BID 00410-4 R If BIDDER is: AN INDIVIDUAL By: (SEAL) (Individual's Name) doing business as: Business address: Phone No: Facsimile No: 00410-5 A PARTNERSHIP LIM (Firm's Name) (General Partner) Business address: Phone No: Facsimile No: 00410-6 (SEAL) (Title) (Corporate Seal) Attest: Business address: Phone No: A CORPORATION (Corporation Name) (State of Incorporation) (Name of Person Authorized to Sign) (President) Facsimile No: 00410-7 LM LIM A JOINT VENTURE (Name) (Address) (Name) (Address) (Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) 00410-8 CERTIFICATE OF AUTHORITY (IF CORPORATION STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of 20 , the following resolution was duly passed and adopted. held on "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 AUTHQRTTY (IF PARTNERSHIP) STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners 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 of the Partnership, be and is hereby authorized to execute the Bid dated, 20 , to the City of Sunny Isles Beach and this partnership and that their execution thereof, attested by the shall be the official act and deed of this Partnership." 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) 00410-10 CERTIFICATE OF AUTHORITY IF JOINT VENTURE STATE OF ) ) SS: COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of tbP 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. of the IN WITNESS WHEREOF, I have hereunto set my hand this , day of , 20 Secretary: (SEAL) END OF SECTION 00410-11 I SECTION 00456 PUBLIC ENTITY CRM ES 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 ". J 1 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. 1 00456-1 t 1 SWORN STATEMENT PURSUANT TO SECTION 287.133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to by for whose business address is and (if applicable) its Federal Employer Identification Number (FEIN) is (IF the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. 1 understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of guilty or nolo contendere. 4. 1 understand that an "affiliate" as defined in Para. 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime; or 2. Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. I understand that a "person" as defined in Para. 287.133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of any entity. 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) Neither the entity submitting this sworn statement, nor any of it's officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. 00456-2 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 swom 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. r 1 00456-3 By: (Printed Name) (Title) Sworn to and subscribed before me this day of , 20 Personally known Or Produced Identification (Type of Identification) Notary Public - State of My Commission Expires (Printed, typed, or stamped commissioned name of notary public) END OF SECTION 00456-4 J SECTION 00500 AGREEMENT 1 SECTION 00510 1 NOTICE OF AWARD ' TO: PROJECT DESCRIPTION: Sunny Isles Beach Entrance Signage, Project No. 03- 04 -01, in accordance with Plans iand Contract Documents as prepared by O'Leary Design Associates, P.A. Prime Consultant, and Tom Grraboski Design, Subconsultant. and The CITY OF SUNNY ISLES BEACH has considered the Bid submitted by you for the above described WORK in 1 response to its Advertisement for Bid and Instruction to BIDDERS. You are hereby notified that your Bid has been accepted for the construction of Entrance Signage, Project No. 03- 1 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: Dated this CITY MANAGER day of 20 00510-1 ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by this the BY: TITLE: day of 20 You are required to return an acknowledged copy of this Notice of Award to the CITY. END OF SECTION 00510-2 SECTION 00526 AGREEMENT THIS AGREEMENT, made and entered into on this day of , 2002, by and between Party of the First Part, and The City of Sunny Isles Beach, Party of the Second Part: WITNESETH: That, the First Parry, 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 Information Available To BIDDER Section 00320 Bid Form Section 00410 Certificate Of Authority Section 00412 Award Preference for Identical Tie Bids Section 00414 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 00530 Payment Bond Section 00612 Performance Bond Section 00614 OSHA Acknowledgment Section 00620 General Conditions Section 00710 00526-1 Supplementary Conditions Technical Specifications Supplementary Technical Specifications Section 00800 Sections 01000 to 16000 As Referred To 2. That the First Party shall commence the Work to be performed under this Agreement on a date to be specified in a written order of the Second Party and shall complete all Work hereunder within the length of time stipulated in the Bid. 3. That the Second Party hereby agrees to pay to the First Party for the faithful performance of this Agreement, subject to additions and deductions as provided in the Bid Form, in lawful money of the United States, the amount of (Written Dollar Amount) dollars ($ Lump Sum. 4. That the Second Party shall make monthly partial payments to the First Party on the basis of a duly certified and approved estimate of Work performed during each calendar month by the First Party, Less the retainage provided in the General Conditions, which is to be withheld by the Second Party until Work within a particular part has been performed in accordance with this Agreement and until such Work has been accepted by the Second Party. 5. That upon submission by the First Parry of evidence satisfactory to the Second Party that all payrolls, material bills, and other costs incurred by the First Party in connection with the construction of the Work have been paid in full, final payment on account of this Agreement shall be made within 60 days after the completion by the First Party of all Work covered by this Agreement and the acceptance of such Work by the Second Party. 6. In the event that the Contractor shall fail to complete the Work within the time limit or the extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid at the rate of One Thousand and 00 /100 Dollars ($1000.00) per day, plus any monies paid by the City to the Consultant for additional engineering and inspection services associated with such delay. ' 7. It is further mutually agreed between the parties hereto that if, at any time after the execution of this Agreement and the Surety Bond hereto attached for its faithful performance and payment, the Second Party shall deem the Surety or Sureties upon such bond to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work, the First Party shall, at its expense within 5 days after ' the receipt of notice from the Second Parry so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as shall be satisfactory to the Second Party. In such event, no further payment to the First Party shall be deemed to be due under this Agreement until such new or ' additional security for the faithful performance of the Work shall be furnished in manner and form satisfactory to the Second Parry. 8. No additional Work or extras shall be done unless the same shall be duly authorized by appropriate action by the Party of the Second Part. F� 00526-2 IN WITNESS WHEREOF, 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: AUTHENTICATION: BY: NAME: TITLE: CITY CLERK APPROVED AS TO FORM: BY: NAME: TITLE: CITY ATTORNEY BY: NAME: TITLE: OWNER BY: NAME: TITLE: END OF SECTION 00526-3 City of Sunny Isles Beach TO: SECTION 00550 NOTICE TO PROCEED DATE: PROJECT DESCRIPTION: Sunny Isles Beach Entrance Signage, Project No. 03- 04 -01, in accordance with Plans and Contract Documents as prepared by O'Leary Design Associates, PA, Prime Consultant, and Tom Graboski Associates, Inc., Subconsultant. You are hereby notified to commence Work in accordance with the Agreement dated on or before and you are to complete the Work within 150 calendar days thereafter. The date of completion of all WORK is therefore City of Sunny Isles Beach BY: TITLE CITY MANAGER 00550-1 ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by day of BY: TITLE: 20 END OF SECTION 00550-2 t I� li SECTION 00600 BONDS and CERTIFICATES 11 F� 1 1 1 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.:03 -04 -01 , 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; THE CONDITION OF THIS BOND is that if the Contractor: in accordance 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. 23 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 or the changes do not affect the Surety's obligation under this Bond. 00612-1 Signed and sealed this day of WITNESS: (CORPORATE SEAL) WITNESS: Secretary 20 (Name of Corporation) Secretary Bv: (Signature and Title) (Type Name and Title signed above) (Name of Corporation) By: (Type Name and Title signed above) IN THE PRESENCE OF; INSURANCE COMPANY: By: *Agent and Attorney -in -Fact Address: (Street) (City /State /Zip Code) Telephone No.: (_) * (Power of Attorney must be attached) 00612-2 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 00612-3 CERTIFICATE AS TO CORPORATE PRINCIPAL I , certify that I am the Secretary of the corporation named as Principal in the foregoing Payment Bond; that , who signed the Bond on behalf of the Principal, was then of said corporation; that I know his/her their signature; and his/her their signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (CORPORATE SEAL) (Name of Corporation) END OF SECTION 00612-4 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.:03 -0401 , ' 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 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 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 terms 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 by the 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. 1 00614-1 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 or the changes do not affect Surety's obligation under this Bond. Signed and sealed this day of > 20 WITNESSES: Secretary (CORPORATE SEAL) IN THE PRESENCE OF: * (Power of Attorney must be attached) (Name of Corporation) RV. (Signature and Title) (Type Name & Title signed above) INSURANCE COMPANY: RV. *(Agent and Attorney -in -Fact) Address: (Street) (City /State /Zip Code) Telephone No.: ( ) 00614-2 e i i ul 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 CERTIFICATE AS TO CORPORATE PRINCIPAL 1, , certify that I am the secretary of the corporation named as principal in the foregoing Performance Bond; that , who signed the Bond on behalf of the Principal, was then of said corporation; that I know his/her /their signature; and his/her /their signature thereto is genuine; and that said Bond was duly signed, sealed and attested to on behalf of said corporation by authority of its governing body. (CORPORATE SEAL) (Name of Corporation) END OF SECTION 00614-4 SECTION 00620 ACKNOWLEDGMENT OF CONFORMANCE WITH OSHA STANDARDS TO The City of Sunny Isles Beach We , hereby acknowledge and (Prime Contractor) agree that we as Contractors for Sunny Isles Beach Entrance Signage, Project No.: 03- 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, O'Leary Design Associates, P.A. , Tom Graboski Associates, 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 ATTEST BY: END OF SECTION 00620-1 I SECTION 00700 F, t GENERAL CONDITIONS 1 ISECTION 00710 1 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. 1 00710-1 t I i IJ CONSULTANT: See Supplementary Conditions for identification. Day: A calendar day of twenty -four hours measured from midnight to the next midnight. Drawings: The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by the CONSULTANT and are referred to in the Contract Documents. Field Order: A written order issued by the CONSULTANT which clarifies or interprets the Contract Documents. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or interpretation if issued by the CONSULTANT in accordance with Paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by the CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Agreement. Notice of Award: The written notice by CITY to the apparent successful BIDDER stating that upon compliance with the condition s precedent to be fulfilled by him within the time specified, CITY will execute and deliver the Agreement to him. Notice to Proceed: A written notice given by CITY to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform their obligations under the Contract Documents. Project: The entire construction Project to be performed as provided in the Contract Documents. Construction Observer: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR or such other person as may be appointed by the CITY as his representative. The CONTRACTOR shall be notified in writing of the identity of this representative. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Samples: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work, Subcontractor: An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site. Substantial Completion: The date as certified by the CONSULTANT when the construction of the Projector a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purposes for which it was intended; or if there be no such certification, the date when final payment is due. Supplier: Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. Surety: The corporate body which is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and their acceptable performance of the Work. Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned 00710-2 rto or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, equipment and other incidentals, and the famishing thereof. iWritten 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 - PRELIlyIINARY 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 Aareement: 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 Security/Performance and Payment Bond: 2.3. Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall furnish 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. 1 00710-3 ' 2.3.6 Failure of the successful BIDDER to execute and deliver the Agreement and deliver the required bonds and Insurance Certificates as stipulated in paragraph 2.2 shall be cause for the CITY to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre -Start Representation: ' 2.4 CONTRACTOR represents that they have familiarized themselves with, and assumes full responsibility for having familiarized themselves with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, State and local laws, ordinances, rules and regulations that may in any manner affect 1 performance of the Work, and represents that they have correlated their study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that they have studied all surveys and investigations reports of subsurface and latent physical conditions referred to in the specifications and made such 1 additional surveys and investigations as they deem necessary for the performance of the Work in the Contract Documents and that they have correlated the results of all such data with the requirements of the Contract Documents. ' Commencement of Contract Time: 2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed. Starting the Proiect: I 2.6 CONTRACTOR shall start to perform their obligations under the Contract Documents on the date when the Contract Time commences to run. No Work shall be done at the site prior to the date on which the Contract Time commences to run, except with the written consent of the CITY. Before Startinsz Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract ' Documents and check and verify pertinent figures shown thereon and all applicable field measurements. They shall at once report in writing to CONSULTANT any conflict, error, or discrepancy which they may discover; however, they shall not be liable to CITY or CONSULTANT for their failure to discover any conflict, error, or discrepancy in the Drawings or Specifications. Schedule of Completion: 2.8 Within five (5) days after delivery of the Notice to Proceed by CITY to CONTRACTOR, CONTRACTOR shall submit to CONSULTANT for approval, an estimated progress schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. The ' CONSULTANT shall approve this schedule or require revisions thereto within seven (7) days of its submittal. If there is more than one CONTRACTOR involved in a Project the responsibility for coordinating the Work of all CONTRACTORS shall be as provided in the Special Conditions and Contract Documents. 2.9 Within five (5)days after delivery of the executed Agreement by CITY to CONTRACTOR, but before starting the Work at the site, a preconstruction conference will be held to reviewthe above schedules, to establish procedures for or handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be the CITY representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and their Superintendent. ' Oualifications of Subcontractors. Materialmen and Suppliers: 2.10 Within five (5) calendar days after bid opening, the apparent lowest responsive and responsible BIDDER will 00710-4 ' submit to the CITY and the CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (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 CONSULTANT will notify the CONTRACTOR in writing if either the CITY or the CONSULTANT, after due investigation, has reasonable objection to any Subcontractor, person, or organization on such list. The failure of ' the CITY or the CONSULTANT 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 or the CONSULTANT 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 or the CONSULTANT 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 1 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. 1� �1 u 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 CONSULTANT'S attention in writing at once and before proceeding with the Work affected thereby; however, they shall not be liable to CITY or CONSULTANT 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 "furnish" 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 CONSULTANT 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 Manufacturer's literature, when referenced, shall be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and 00710-5 ' the like, it shall be understood that such reference is to the latest edition including addenda in effect on the date of the Bid. ' 3.7 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product. The term "equal" or "equivalent ", when used in connection with brand names, shall be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, ' composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of the CONSULTANT, as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal ", the CONTRACTOR shall use the brand specified). ARTICLE 4 - AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: ' 4.1 The CITY will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights -of -way for access thereto, and such other lands which are designed for the use of the CONTRACTOR- Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the CITY unless otherwise specified in the Contract Documents. Other access to such lands or rights -of -way for the CONTRACTOR'S convenience shall be the responsibility of the CONTRACTOR. The CONTRACTOR will provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment. 4.2 The CITY will, upon request, furnish to the BIDDERS, copies of all available boundary surveys and subsurface tests at no cost. Subsurface Conditions: ' 4.3 The CONTRACTOR acknowledges that they have investigated prior to bidding and satisfied themselves as to the conditions affecting the Work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, ' river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The CONTRACTOR further acknowledges that they have satisfied themselves as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by the CITY /CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part ' of this Contract, or any other information made available to them prior to receipt of bids. Any failure by the CONTRACTOR to acquaint themselves with the available information will not relieve them from responsibility for estimating properly the difficulty or cost of successfully performing Work. The CITY assumes no responsibility for any conclusions or interpretations made by the CONTRACTOR on the basis of the information made available by ' the CITY /CONSULTANT. Differing Site Conditions: ' 4.4 (a) The CONTRACTOR shall within forty eight (48) hours of their discovery, and before such conditions 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 ' 00710-6 C� 1 1 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. 5.1.2.7 Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. 00710-7 5.1.3 Business Automobile 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 Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must ' include: 5.1.3.1 Owned Vehicles. 5.1.3.2 Hired and Non -Owned Vehicles. 5.1.3.3 Employers' Non - Ownership. 5.2 Before starting the Work, the CONTRACTOR will file with the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY; these certificates shall contain a provision that the coverage afforded under the policies Will not be canceled or materially changed until at least thirty (30) days prior written notice has been given to the CITY 1 and CONSULTANT by certified mail. The CITY shall be named as an additional insured on the above - referenced policies. ' 5.3 The CONTRACTOR agrees that if any part of the Work under the Contract is sublet, they will require the Subcontractor(s) to carry insurance as required, and that they will require the Subcontractor(s) to furnish to them insurance certificates similar to those required by the CITY in 5.1 above. Cancellation and Re- Insurance: 5.4 If any insurance should be canceled or changed by the insurance company or should any insurance expire during ' the period of this contract, the CONTRACTOR shall be responsible for securing other acceptable insurance to provide the coverage specified in this section to maintain coverage during the life of this Contract. ' 5.5 All deductibles must be declared by the CONTRACTOR and must be approved by the CITY. At the option of the CITY, either the CONTRACTOR shall eliminate or reduce such deductible or the CONTRACTOR shall procure a Bond, in a form satisfactory to the CITY, covering the same. ' ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 The CONTRACTOR will supervise and direct the Work. They will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The CONTRACTOR will employ and maintain a qualified supervisor or superintendent at the Work site who shall be designated in writing by the CONTRACTOR as the CONTRACTOR'S representative at the site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisors shall be present at each site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Superintendent shall be mailed to the CONTRACTOR'S home office). Labor, Materials and Equipment: 6.2 The CONTRACTOR will provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. They will at all times maintain good discipline and order at the ' site. ' 00710-8 1 63 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 necessary for the execution, testing, initial operation and completion of the Work. 6.4 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 Equipment, 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 CONSULTANT 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 CONSULTANT. 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 function 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 the CITY and the CONSULTANT, unless the CONSULTANT determines that there is good cause for doing so. 1 00710-9 1 I i 6.8 The CONTRACTOR shall be fully responsible for all acts and omissions of their Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of CITY or CONSULTANT to pay or to see to payment of any persons due any Subcontractor or other person or organization, except as may otherwise be required by law. CITY or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to the CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 The CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.11 All Work performed for the CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the Subcontractor. 6.12 The CONTRACTOR shall be responsible for the coordination of the trades, Subcontractors and materialmen engaged upon their Work. 6.12.1 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give the CONTRACTOR the same power as regards to terminating any subcontract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The CITY or CONSULTANT will not undertake to settle any differences between the CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of the CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they shall be promptly replaced by the CONTRACTOR if and when directed by the CONSULTANT in writing. Patent Fees and Royalties : 6.13 The CONTRACTOR will pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. They will indemnify and hold harmless the CITY and the CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorney's fees) arising out of any infringement of such rights during or after the completion of the Work, and shall defend all such claims in connection with any alleged infringement of such rights. 6.14 The CONTRACTOR shall be responsible for determining the application of patent rights and royalties materials, appliances, articles or systems prior to bidding. However, they shall not be responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. Permits : 6.15 The CONTRACTOR will secure and pay for all construction permits and licenses and will pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. 00710-10 1 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 CONSULTANT. 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 CONSULTANT 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 CONSULTANT, 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 the CONSULTANT and any City Representative at all reasonable times and shall be delivered to the CITY upon completion of the Project. 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 maybe 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 prevention of accidents. This person shall be the CONTRACTOR'S Superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY. '00710-11 1 ' Emergencies: 1 1 6.22 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, the CONTRACTOR, without special instruction or authorization from the CONSULTANT or CITY, is obligated to act, at their discretion, to prevent threatened damage, injury or loss. They will give the CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If the CONTRACTOR believes that additional Work done by them in an emergency which arose from causes beyond their control entitles them to an increase in the Contract Price or an extension of the Contract Time, they may make a claim therefore as provided in articles 11 and 12. Shop Drawings and Samples: 6.23 After checking and verifying all field measurements, the CONTRACTOR will submit to the CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions six (6) copies (or at the CONSULTANT'S option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of the CONTRACTOR and identified as the CONSULTANT may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction and the like to enable the CONSULTANT to review the information as required. 6.24 The CONTRACTOR will also submit to the CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and stamped with the approval of the CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.25 At the time of each submission, the CONTRACTOR will in writing call the CONSULTANT'S attention to any deviations that the Shop Drawings or sample may have from the requirements of the Contract Documents. 6.26 The CONSULTANT will review with responsible promptness Shop Drawings and Samples, but their review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. The CONTRACTOR will make any corrections required by the CONSULTANT and will return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by the CONSULTANT on previous submissions. The CONTRACTOR'S stamp of approval on any Shop Drawings or sample shall constitute representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and verified all quantities, dimension, field construction criteria, materials, catalog numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing to sample with the requirements of the Work and the Contract Documents. 6.27 No Work requiring a Shop Drawing or sample submission shall be commenced until the submission has been reviewed by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.28 The CONSULTANT'S review of Shop Drawings or samples shall not relieve the CONTRACTOR from their responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has in writing called the CONSULTANT'S attention to each deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation, nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omission in the Shop Drawings. Cleaning up : 00710-12 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 iin 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 Safetv: 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. Indemnification: ' 6.32 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 and CONSULTANT, 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 and CONSULTANT), 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 liable, regardless of whether or not it is caused by a party indemnified hereunder. 6.33 In the event that any action or proceeding is brought against CITY or CONSULTANT 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 or CONSULTANT, excluding only those which allege that the injuries arose out of the sole negligence of CITY or CONSULTANT, which may result from the operations and activities under this Contract whether the construction operations be performed by CONTRACTOR, its Subcontractors or by anyone directly or indirectly employed by either. 6.34 The obligations of the CONTRACTOR under paragraph 6.33 shall not extend to the liability of the CONSULTANT, their agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by the CONSULTANT, their agents or employees provided such giving of failure to give is the primary cause ' of injury or damage. These indemnification provisions shall survive the term of this Contract 1 00710-13 I Responsibility for Connection to Existing Work: 6.35 It shall be the express responsibility of the CONTRACTOR to connect their Work to each part of the existing Work or Work previously installed as required by the Drawings and Specifications to provide a complete installation. Work in Street, Highway and Other Right -of -Way: 6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of -ways of streets, highways, public carrier lines, utility lines either aerial, surface or subsurface, etc., shall be done in accordance with requirements of the special conditions. The CITY will be responsible for obtaining all permits necessary for the Work. Upon completion of the Work, CONTRACTOR shall present to CONSULTANT certificates, in triplicate, from the proper authorities stating that the Work has been done in accordance with their requirements. 6.36.1 The CITY will cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 The CONSULTANT shall be responsible, if required, for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. Use Premises: 6.37 CONTRACTOR shall confine his apparatus, storage of materials, and operations of their workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and CITY, and shall not unnecessarily encumber any part of the site. 6.37.1 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. 6.37.2 CONTRACTOR shall enforce CONSULTANT and CITY'S instructions in connection with signs, advertisements, fires and smoking. 6.373 CONTRACTOR shall arrange and cooperate with CITY in routing and parking of automobiles oftheir employees, subcontractors and other personnel, and in routine material delivery trucks and other vehicles to the Project site. 6.37.4 The CONTRACTOR shall fumish, install and maintain adequate construction office facilities for all workers employed by their or by their Subcontractors. Temporary offices shall be provided and located where directed and approved by the CONSULTANT. All such facilities shall be furnished in strict accordance with existing governing regulations. Field offices shall include telephone facilities. ' Protection of Existing Property Imorovements: 6.38 Any existing surface or subsurface improvements, such as pavements curbs, sidewalks, pipes or utilities, footings, or structures (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. 1 00710-14 ARTICLE 7 - WORK BY OTHERS 1 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. ' 7.2 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 CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for such proper execution and results. ' 7.3 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 CONSULTANT 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 11 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 CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by the CONTRACTOR shall be cut by the separate contractor requiring such alterations after approval of the CONTRACTOR The CONTRACTOR shall do all patching and finishing of their Work where cut by other CONTRACTORS at the expense of such other CONTRACTORS. 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each CONTRACTOR shall coordinate their operation with those of the other CONTRACTORS for the best interest of the Work in order to prevent delay in the execution thereof. ' 7.8 Each CONTRACTOR shall keep themselves informed of the progress of the Work of other CONTRACTORS. Should lack of progress or defective workmanship on the part of other CONTRACTORS interfere with their operations, the CONTRACTOR shall notify the CONSULTANT immediately. Lack of such notice to the CONSULTANT will be ' construed as acceptance by the CONTRACTOR of the status of the Work of other CONTRACTORS as being satisfactory for proper coordination of their own Work. 7.9 The cost of extra Work resulting from lack of notices, untimely notices, failure to respond to notices, defective Work or lack of coordination shall be borne by the CONTRACTOR responsible for such lack of notices, etc. ARTICLE 8 - CITY'S RESPONSIBILITIES 8.1 The CITY will issue all communications to the CONTRACTOR through the CONSULTANT. 8.2 In cases of termination of employment of the CONSULTANT, the CITY will appoint a CONSULTANT, whose status under the Contract Documents shall be that of the former CONSULTANT. 00710-15 1 8.3 The CITY will furnish the data required of them under the Contract Documents promptly. 8.4 The CITY'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 CITY shall provide sufficient survey staking for all Work. 8.6 The CITY shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use shall not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 -CONSULTANTS' STATUS DURING CONSTRUCTION City's Representative: 9.1 The CONSULTANT shall be the CITY'S representative during the construction period. The duties and responsibilities and the limitations of authority of the CONSULTANT as the CITY'S representative during construction are set forth in Articles 1 through 16 of these General Conditions and shall not be extended without written consent of the CITY and the CONSULTANT. 9.1.1 The CONSULTANT'S decision, in matters relating to aesthetics, shall be final, if within the terms of the Contract Documents. 91.2 Except as may be otherwise provided in this contract, all claims, counterclaims, disputes and other matters in question between the CITY and the CONTRACTOR arising out of or relating to this Agreement or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. Visits. to Site: 9.2 The CONSULTANT will provide periodic on site observations to observe the progress and quality of the executed Work and to determine, if the Work is proceeding in accordance with the Contract Documents. Their efforts will be directed toward providing assurance for the CITY that the completed Project will conform to the requirements of the Contract Documents. On the basis of these on site - observations as an experienced and qualified design professional, they will keep the CITY informed of the progress of the Work and will guard the CITY against defects and deficiencies in the Work of CONTRACTORS. Clarifications and Intemretations: 9.3 The CONSULTANT will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as he may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If the CONTRACTOR believes that a written clarification and interpretation entitles them to an increase in the Contract Price or extension of Contract Time, they may make a claim therefore as provided in Articles 11 and 12. Measurement of Quantities: 9.4 All Work completed under the Contract will be measured by the CONSULTANT according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. 00710-16 Reiectine Defective Work: 9.5 The CONSULTANT will have authority to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in Special Condition, or has ' been damaged prior to final acceptance). They will also have authority to require special inspection or testing of the Work as provided in the Special Conditions whether or not the Work is fabricated, installed or completed. Shop Drawings Change Orders and Payments. 9.6 In connection with the CONSULTANT'S responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. 9.7 In connection with the CONSULTANT'S responsibility for Change Orders, see Articles 10, 11, and 12. 9.8 In connection with the CONSULTANT'S responsibilities in respect of Application of Payment, etc., see Article 14. Resident Proiect Representative: ' 9.9 The CONSULTANT 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: 9.10 The CONSULTANT will be the initial interpreter of the Construction Drawings and Technical Specifications. Limitations on Consultant's Responsibilities: 9.11 The CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 The CONSULTANT 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 IN 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 CONSULTANT 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 CONSULTANT 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 tto 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. r00710-17 ' 10.4 The CITY will execute appropriate Change Orders prepared by the CONSULTANT 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 1 any other claim of the CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by the CONSULTANT. 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. iARTICLE 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 without changing the Contract Price. 11.2 (a) The CITY may, at anytime, without written notice to the sureties, by written order designated or indicated tto be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes: (1) in the specifications (including drawings and designs); (2) in the method or manner of performance of the Work. ' (3) in the CITY- furnished facilities, equipment, materials, services, or site; or (4) directing acceleration in the performance of the Work ' (b) Except as herein provided, no order, statement, or conduct of the CITY shall be treated as a change under this clause or entitle the CONTRACTOR to an equitable adjustment hereunder. ' (c) If any change order under this clause causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work, under this Contract, whether or not changed by any order, an equitable adjustment shall be made and the Contract modified in writing accordingly. (d) If the CONTRACTOR intends to assert a claim for an equitable adjustment under this clause, he must, within ten (10) days after receipt of a written Change Order, submit to the CITY and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim, and supporting ' data. (e) No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 11.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract 1 Price shall be determined in one of the following ways: 11.3.1 By negotiated lump sum. 11.3.2 On the basis of the cost of the Work, determined as provided in Sections 11.4 and 11.5, plus a mutually agreed upon fee to the CONTRACTOR and to cover overhead and profit. '00710-18 11.4 The term cost of the Work means the sum of all direct costs necessarily incurred and paid by the I CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in Dade County, shall include only the following items and shall not include any of the costs itemized in Paragraph 11.5. ' 11.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work Payroll costs shall be limited to: salaries and wages, plus the costs of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays shall be included in the above only if authorized by CITY. 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 with the advice of CONSULTANT, 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. from 11.4.4 Rentals of all construction equipment and machinery and the parts thereof whether rented CONTRACTOR or others in accordance with rental agreements approved by CITY with the advice of CONSULTANT, 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 cost 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 00710-19 ' 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. 1 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 employed by any of them of for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 11.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4. 11.6 The CONTRACTOR'S fee which shall be allowed to CONTRACTOR for their overhead and profit shall be ' determined as follows: 11.6.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 1 11.6.2 A mutually acceptable fixed fee based on the estimate of the various portions of the Cost of the Work. 11.7 The amount of credit to be allowed by CONTRACTOR to CITY for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the net shall be computed to include overhead and profit, identified separately, for both additions and credit, provided however, the CONTRACTOR shall not be entitled to claim lost profits for any Work not performed. ' 11.8 Whenever cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will submit in form prescribed by CONSULTANT an itemized cost breakdown together with supporting data. ARTICLE 12 TIME FOR COMPLETION LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT THE ' 12.1 The date of beginning and the time for completion of the Work are essential conditions of the Contract Documents and the Work shall be commenced on the date specified in the Notice to Proceed. 12.2 The CONTRACTOR will proceed with the Work at such rate of progress to insure full completion within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the CITY, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. 12.3 If the CONTRACTOR shall fail to complete the Work within the Contract Time, or extension of time granted by the CITY, then the CONTRACTOR will pay to the CITY the amount for liquidated damages as specified in the Agreement, Paragraph 6, for each calendar day that the CONTRACTOR shall be default after the time stipulated in the Contract Documents. 00710-20 1 ' 12.3.1 These amounts are not penalties but are liquidated damages to CITY for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing 1 the impossibility of precisely ascertaining the amount of damages that will be sustained by CITY as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above - stated liquidated damages shall apply separately to each phase of the ' Project for which a time for completion is given. 12.3.2 City is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract. 12.3.3 CONTRACTOR shall be responsible for reimbursing CITY, in addition to liquidated damages, for all ' costs incurred by CITY for the CONSULTANT'S fees in administering the construction of the Project due to the failure of the CONTRACTOR to comply with the Contract Documents, to also include additional time beyond an 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 ' ME shall be based on written notice delivered to the CITY and CONSULTANT 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 CONSULTANT, 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 CONSULTANT 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. 1 00710-21 ' 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 and Work performed for a period of one (1) year from the date of Final Acceptance as indicated in the CONSULTANTS 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. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.1 shall be applicable. ' ARTICLE 14 - PAYMENTS AND COMPLETION Payments to Contractor 14.1 At least ten (10) days before each progress payment falls due (but not more often than once a month), the CONTRACTOR will submit to the CONSULTANT a partial payment estimate filled out and signed by the ' CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as the CONSULTANT may reasonably require. 1 If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate shall also be accompanied by such supporting data, satisfactory to the CITY, as will establish the CITY'S title to the material and equipment and protect their interest therein, including applicable insurance. The CONTRACTOR shall replace at their expense any stored materials paid for which are either damaged or stolen before installation. The CONSULTANT will within ten (10) days after receipt of each partial payment estimate, either indicate in writing their approval of payment and present the partial payment estimate to the CITY, or return the partial payment estimate to the CONTRACTOR, indicating in writing their reasons for refusing to approve payment. In the latter case, the CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. The CITY, will within thirty (30) days of presentation to them of any approved partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the approved partial payment estimate. The CITY may retain ten (10) percent ofthe amount of each payment until final completion and acceptance of all Work covered by the Contract 1 Documents. On completion and acceptance of a part of the Work on which the price is stated separately in the Contract Documents, payment may be made in full, including retained percentages, less authorized deductions. Any interest earned on the retainage shall accrue to the benefit of the CITY. 142 The CITY shall have the right to demand and receive from the CONTRACTOR, before he shall receive final payment, final releases of lien executed by all persons, firms or corporations who have performed or furnished labor, services or materials, directly or indirectly, used in the Work. Likewise, as a condition to receiving any progress payment, the CITY may require the CONTRACTOR to furnish partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the Work during the period of time for ■ which the progress payment is due, releasing such lien rights s those persons, firms or corporations may have for that period. Contractor's Warranty of Title ' 14.3 The CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will have passed to the CITY prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as "Liens "); and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the CONTRACTOR or by any other person performing the Work at the site or 00710-22 ' furnishing materials and equipment for the Project, subject to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by the CONTRACTOR or such other person. 1 Approval of Payment 14.4 The CONSULTANT'S approval of any payment requested in an Application for Payment shall constitute a ' representation by them to the CITY, based on the CONSULTANT'S on site observations of the Work in progress as an experienced and qualified design professional and on their review of the Application for Payment and supporting data, that the Work has progressed to the point indicated, that, to the best of their knowledge, information and belief, the ' quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in their approval); and that the CONTRACTOR is entitled to payment of the amount approved. However, by approving any such payment the CONSULTANT shall not thereby be deemed to have represented that they r made exhaustive or continuous on -site observations to 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 CONSULTANT 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, 14.6.3 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 defective Work or complete the Work in accordance with Article 13. 14.6.6 Of unsatisfactory prosecution ofthe 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 14.6.9 Of any other violation of, or failure to comply with provisions of the Contract Documents. 00710-23 ' 14.7 Prior to Final Acceptance the CITY, with the approval of the CONSULTANT and 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 CONSULTANT 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 CONTRACTOR, 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 I Acceptance of Final Payment as Release 14.11 The Acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the CITY and a waiver of all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the Work and for every act and neglect of the CITY and others relating to or arising out of this Work. Any payment, however, final or otherwise, shall not release the CONTRACTOR of their sureties from any obligations under the Contract Documents or the Performance ' Bond and Payment Bonds. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.1 The CITY may, at anytime and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to the CONTRACTOR and the CONSULTANT which shall fix the date on which Work shall be resumed. The CONTRACTOR will be allowed an increase in the Contract Price or an extension ' of the Contract Time, or both, directly attributable to any suspension if they make a claim therefor as provided in Articles 11 and 12. IWork During Inclement Weather 15.2 No Work shall be done under these specifications except by permission of the CONSULTANT when the weather is unfit for good and careful Work to be performed. Should the severity of the weather continue, the CONTRACTOR upon the direction of the CONSULTANT, shall suspend all Work until instructed to resume operations by the CONSULTANT and the Contract Time pursuant to Section 12.7 shall be extended to cover the duration of the order. Work damaged during periods of suspension due to inclement weather shall be repaired and/or replaced by the CONTRACTOR Any compensation for repairs or replacements shall be subject to approval of the CITY. Special Tropical Storm and /or Hurricane Precautions ' 15.3 During such periods of time as are designated by the CITY as being a tropical storm warning or alert, or such periods of time as are designated by the United States Weather Bureau as being a Hurricane warning or alert, all construction ' materials and equipment shall be secured against displacement by wind forces. Construction materials and equipment shall be secured by guying and shoring, by tying down loose materials, equipment and construction sheds. All furniture, racks, storage bins, pallets, materials, and similar loose objects in exposed outdoor locations, shall be securely lashed to rigid construction or stored in buildings. Orders shall be oral or written and shall be given to any person on the site most logically responsible for compliance. Such orders shall be carried out before high winds of tropical storm velocity (wind speeds higher than 39 miles per hour (34 knots) are anticipated. '00710-24 City May Terminate ' 15.4 If the CONTRACTOR is adjudged bankrupt or insolvent, or if they make a general assignment for the benefit of their creditors, or if a trustee or receiver is appointed for the CONTRACTOR or for any of their property, or if they file ' a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if they repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if they repeatedly fail to make prompt payments to Subcontractors or for labor, materials or equipment or they disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if they disregard the authority of the CONSULTANT, of if they ' otherwise violates any provision of the Contract Documents, then the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR and they surety seven (7) days written notice, terminate the services of the CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment ' and machinery thereon owned by the CONTRACTOR, and finish the Work by whatever method they may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to the CONTRACTOR If such ' costs exceed such unpaid balance, the CONTRACTOR will pay the difference to the CITY. Such costs incurred by the CITY will be determined by the CONSULTANT and incorporated in a Change Order. ' 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 CONTRACTOR'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 and the CONSULTANT, 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 ofEauioment 15.7 In the case of termination of this Contract before completion for any cause 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 or in part. ' Contractor May Stop 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 CONSULTANT 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 CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then the ' CONTRACTOR may, upon twenty (20) calendar days written notice to the CITY and the CONSULTANT, 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 act 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 and the CONSULTANT stop the Work until they have been paid all amounts then due. 00710-25 !I u F L 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 and the CONSULTANT 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 and CONSULTANT 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 shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage. ARTICLE 17 - WAIVER OF JURY TRIAL 17.1 CITY and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract Documents or the performance of the Work thereunder. ARTICLE 18 - ATTORNEYS FEES /JURISDICTION/VENUE /GOVERNING LAW 18.1 The Contract shall be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any Florida State or federal court in any action or proceeding arising out of or relating to the Contract. Venue of any action to enforce the Contract shall be in Dade County, Florida. 18.3 If either the CITY or CONTRACTOR is required to enforce the terms of the Contract by court proceedings or otherwise, whether or not formal legal action is required, the prevailing party shall be entitled to recover from the other party all such costs and expenses, including, but not limited to, court costs, and reasonable attorney's fees. ARTICLE 19 - PROJECT RECORDS 19.1 CITY shall have right to inspect and copy during regular business hours at CITY'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project. CONTRACTOR shall retain and make available to CITY all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project. During the Project and the three (3) year period following final completion of the Project, CONTRACTOR shall provide CITY access to its books and records upon five (5) days written notice. ARTICLE 20 - SEVERABILITY 20.1 If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations 00710-26 other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 - INDEPENDENT CONTRACTOR 21.1 The CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by the CONTRACTOR shall be by employees of the CONTRACTOR and subject to supervision by the CONTRACTOR, and not as officers, employees, or agents of the CITY. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the CONTRACTOR- END OF SECTION 00710-27 t t 1 1 1 SECTION 00800 SUPPLEMENTARY CONDITIONS SECTION 00810 SUPPLEMENTARY CONDITIONS In accordance with ARTICLE 1 of the General Conditions CONSULTANT is defined as follows: Principal Consultant Landscape Architect of Record and City Landscape Architect: O'LEARY DESIGN ASSOCIATES, P.A. Oak Plaza Professional Center 8525 SW 92 °d Street - Suite C 11 Miami, Florida 33156 (305) 596 -6096 Subconsultant Graphic Designer of Record: TOM GRABOSKI ASSOCIATES, INC. 4649 Ponce de Leon Blvd. Coral Gables, FL 33134 (305) 669 -2550 END OF SECTION 00810-1 1 1 F� Fl i 1 SECTION 01000 DIVISION 1 GENERAL REQUIREMENTS SECTION 01110 ' SUMMARY OF WORK 1 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 signage 1 END OF SECTION 01110-1 SECTION 01146 SPECIAL COORDINATION FRANCHISED AND OTHER PRIVATE FACILITY COORDINATION CONTRACTOR shall contact the following classes of franchised utilities and private facility companies and those specifically identified on the Plans, 48 hours prior to beginning the Work. 1) TelephoneCompany(s) 2) Electric Power 3) Cable Television 4) Gas Company 5) Pipeline 6) Water Company(s) In addition CONTRACTOR shall call for line locate through "Call Before You Dig ", "Sunshine" or U.N.C.L.E. ' (Utility Notification Center Liaison Excavators) or other similar organizations. CONTRACTOR shall assist in whatever means necessary the franchised utilities to locate vertically and horizontally existing facilities. This may include without being limited to: 1) Probing 2) Excavating 3) Sounding END OF SECTION 01146-1 SECTION 01336 SHOP DRAWINGS iNUMBER OF COPIES REQUIRED For shop drawings and data which requires review, the minimum number of copies required is five (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 CONSULTANT shall review submittals and respond to them within 10 working days of their receipt. v END OF SECTION i 1 01336-1 ' SECTION 01412 STANDARD SPECIFICATIONS AND DETAILS t I I TECIINI CAL SPECIFICATIONS The Technical Specifications which govern the materials to be furnished and the Work to be performed under this contract are found in Divisions 1 - 16 listed in the Table of Contents at the beginning of the document. The Technical Specifications referred to above are supplemented by City Standard Specifications. In addition, when referred to, the Technical Specifications are supplemented by published standard specification, i.e., MetroDade WASD or FDOT Standard Specifications, all of which shall be treated as though incorporated herein. CONSTRUCTION DRAVaNGS OR PLANS The Construction Drawings or Plans on which the Contract is based consist of those sheets enumerated in Section 00015 -1, List of Drawings. The Construction Drawings or Plans referred to above are supplemented by City Standards and Details. In addition, when referred to, the Construction Drawings or Plans are supplemented by published standard details, i.e., FDOT Standard Details etc., all of which shall be treated as though incorporated herein. END OF SECTION 01412-1 L SECTION 01414 j REGULATORY REQUIREMENTS t 1 F1 1 LOCAL Comply with The City of Sunny Isles Beach, South Florida Building Code, Dade County Product Approval Process, Florida Department of Transportation, Dade County 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 OWNER 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, Latest Edition END OF SECTION 01414-1 t I 'I L r n it 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 ALMA for American Gear Manufacturers Association AIEE for American Institute of Electrical Engineers AISC 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 k t 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 01550 TRAFFIC CONTROL Unless specifically provided otherwise, the CONTRACTOR shall comply with the following as a minimum. Where the Work is carried on, in or adjacent to any road, street, alley, or public place, the CONTRACTOR shall at his own cost and expense furnish and erect such barricades, fences, lights, danger signals, shall provide such ' watchmen, and shall provide such other precautionary measures for the protection of persons or property and of the Work as are necessary. Barricades shall be painted in a color that will be visible at night. From sunset to sunrise the CONTRACTOR shall furnish and maintain at least one light at each barricade and sufficient number of barricades shall be erected to keep vehicles from driving on or into any Work under construction. The CONTRACTOR shall famish watchmen in sufficient numbers to protect the Work. All lights, barricades, or other similar protective or directional devices shall be furnished, installed, operated, maintained, and removed in strict accordance with the standards established under State Of Florida Roadway Design and Construction Standards and USDOT Manual of Uniform Traffic Control Devices, latest edition. The CONTRACTOR will be held responsible for all damage to the Work due to failure of barricades, signs, lights, and watchman to protect it, and whenever evidence is found of such damage, the CONTRACTOR shall immediately remove the damaged portion and replace it at his cost and expense. The CONTRACTORS responsibility for the maintenance of barricades, signs, and lights, and for providing watchmen shall not cease until the Project shall have been accepted by The City. All traffic control devices including but not limited to: 1. Signs ' 2. Delineateors 3. Barricades 1 shall conform to the latest edition of US DOT MUTCD and any regulations established by the State of Florida and the City of Sunny Isles Beach. Where barricades are to remain in place during the night, battery operated amber flashing lights shall be attached to 1 the barricades and shall be check each night to ensure operation. The CONTRACTOR shall designate responsible employee to see that lights are operating at all times. The CONTRACTOR shall use only battery powered lights, enclosed lanterns or other lights satisfactory to the CONSULTANT and The City. No roadway shall be closed overnight. CONTRACTOR shall provide a safe passable roadway. Roadways shall be passable with at least one lane of traffic. END OF SECTION 1 01550-1 1 SECTION 01565 1 TEMPORARY TREE AND PLANT PROTECTION CI t t t 1 L The CONTRACTOR shall make every reasonable effort to protect all trees within the Project. No tree, outside of the Project, shall be removed without the approval of CITY. Minor adjustments in alignment may be allowed to protect trees. CONTRACTOR shall not park under the tree canopy. CONTRACTOR shall limit running equipment under canopy to the absolute minimum and when possible shall erect barriers to keep equipment out from under the tree canopy. END OF SECTION 01565-1 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. 4 - Paper copies of the Project "As Built Signage Plans and Details" . 3. Operating manual, parts, lists and warranties for equipment installed. 4. Release of lien from all subcontractors and materialmen. 5. Release from surety for final payment. 6. Final release of lien from the Contractor. 7. Completion of all punch list items. 8. Acceptance by all permitting and interested agencies. END OF SECTION 01700-1 [I L u fl 1 11 SECTION 02000 DIVISION 2 SITEWORK SECTION 02841 SIGNAGE PART 1 - GENERAL 1.01 SUMMARY A. Section includes: Signage indicated on drawings and specified in this section. 1.02 REFERENCES A. National Association of Architectural Metal Manufacturers (NAAMM) "Metal Finishes Manual ". B. American Welding Society AWS Dl.1 "Structural Welding Code, Steel ", and AWS D1.2 "Structural Welding Code, Aluminum ". C. Underwriters Laboratories, Inc. (UL) Standards for Safety, UL Publication 48 "Electric Signs ". 1.03 SUBMITTALS A. Submit properly identified manufacturer's literature and technical data before commencing Work. 1. Shop Drawings: Submit Shop Drawings for approval by CONSULTANT Furnish elevations, details of fabrication and erection, including all materials, shapes, dimensions, finishes, design loads, anchorage, and method of connections. Show dimensions of letters and logo forms. Engineering plans and footing details shall be signed and sealed by a state of Florida registered engineer. All plans and details must meet South Florida Building Code requirements including wind loading requirements. 2. Paint and Material Samples: Fabricator must match all custom paint and materials as specified by CONSULTANT. Submit (2) sets of (for review /approval by CONSULTANT) non- returnable samples of each custom and standard color, material or finish as specified in these design documents. Then submit (3) sets of each approved custom and standard colors and finishes on the actual materials. 02841 -1 ' 3. Full Size Patterns and Lettering: Provide CONSULTANT with full -size patterns of each sign element to be fabricated. All items noted as "use camera ready art" shall be represented by a full size photocopy of art in place ' on pattern. 4. Supplementary Product Literature: The fabricator will furnish 1 CONSULTANT with manufacturers' literature describing the general properties of each product or component to be used in the Work. J 1 1 5. Extra Materials: Deliver extra materials to the CITY in manufacturer's original packing, including touch up paint, lamps, hardware, installation materials, inserts, etc., as maybe required (including touch up paint for each color used in one quart can minimum). 1.04 PERMITS CONTRACTOR shall make all submittals for permits, shall be responsible for paying all fees, making adjustments as required, or any task necessary for obtaining local building and installation Sign Permits for the proper execution of the Work. 05 QUALITY ASSURANCE A. Work -In- Progress Approval: Provide work -in- progress sign for approval by CONSULTANT. Sign CONTRACTOR to provide sample of each requested type of sign. Sample signs are to be reviewed in Miami so that work may be examined by CITY and CONSULTANT and any necessary adjustments can be made during fabrication. Adjust unsatisfactory items as directed. B. CONSULTANT, at his /her /their discretion, may visit the fabricator's shop during construction to examine the Work in progress. All visits would be coordinated in advance with Sign fabricator. C. Regulatory Requirements: Comply with applicable requirements of the laws, codes ordinances, and regulations of Federal, State and Municipal authorities having jurisdiction. Obtain necessary approvals and permits for all such authorities. D. Markings and Labels: No labels or markings are to be used unless required by authorities per code. If necessary, located markings and other identifications so as to be concealed from public view and as acceptable to CONSULTANT. E. Final Location of Signs: The exact final locations of the signs shall be directed by CONSULTANT and confirmed at the site. CONTRACTOR shall arrange for meetings at the site to accommodate CONSULTANT'S direction of final locations. 02841 -2 F. General: 1. The CONTRACTOR shall be responsible for the quality of all materials and ' workmanship of any firm or individual who acts as a sub - contractor. All work under this contract shall be performed by skilled craftsmen under supervision of trained foremen, experienced in the trade or craft required to accomplish the Work and produce products of high quality. The CONTRACTOR shall guarantee all materials and workmanship for two years after date of acceptance of Work by CITY and CONSULTANT. 2. Written dimensions on drawings shall have precedence over scaled dimensions. CONTRACTOR shall field verify and be responsible for all dimensions and conditions shown by these drawings. Shop details must be ' approved by CONSULTANT prior to fabrication. 3. CONSULTANT shall be notified by CONTRACTOR of any discrepancies in drawings, in -field dimensions or conditions and/or changes required in construction details. ' 4. CONTRACTOR may not manufacture, reproduce, or exhibit these designs, or modify them for any other purpose outside of this current contract without 1 written approval of CONSULTANT. 1.06 WARRANTY A. Warranty: Submit for CITY'S documentation. Furnish written warranty, as specified by CONSULTANT, signed by the CONTRACTOR and Installer, agreeing to repair or replace Work which has failed as a result of defects in materials or workmanship. Fabricator is responsible to acquire any authorization necessary to provide manufacturer's warranty for all materials and components. Upon notification of such defects within the warranty period, make necessary repairs or replacement at the convenience of the CITY within a period of two days from notification by CITY. 1.07 MAINTENANCE ' A. Maintenance and Operating Manuals: Submit for CITY'S documentation. Furnish complete manuals describing the materials, devices and procedures to be followed in operating, cleaning and maintaining the Work. Include manufacturer's brochures 1 and parts lists describing the actual materials used in the Work, including metal alloys, finishes, and other major components. Assemble manuals for component parts into single binders identified for each system. 02841 -3 11 t t 1 1.08 ON -SITE CONDITIONS A. By bidding, CONTRACTOR acknowledges that he has visited the site and is familiar with the site and all conditions under which this work is to occur. PART 2 - PRODUCTS 2.01 MATERIALS A. Adhesives: Silicone adhesive used for installing sign items shall be as manufactured by General Electric, Dow Corning, or equal. Polyfoam or "Isotac" contact adhesive tape, manufactured by 3 -M, shall be used in conjunction with silicone adhesives for installation of signs, in minimum thicknesses available. B. All Specified Metals: Aluminum shall be suitable for ornamental, architectural Work. Surface finish shall be smooth, free of extrusion marks or imperfections. Alloy shall be selected to meet the structural requirements of the specific application and finished on all surfaces to resist corrosion in the environment in which it is installed. The aluminum alloy shall be 5052 which is the strongest non - heat - treatable sheet and plate alloy in common use. It has good workability and is tough with excellent resistance to salt water corrosion. The aluminum alloy is to meet the following specifications: NOMINAL CHEMICAL COMPOSITION Magnesium 2.5% Chromium 0.25% Aluminum Balance(incl. normal impurities) ' Typical Mechanical Properties 5052 -0 5052 -1432 5052 -H34 Tensile Strength, psi 28,000 33,000 38,000 Yield Strength, psi 13,000 28,000 31,000 Elongation, % in 2 in. 25 12 10 Sheer Strength, psi 18,000 20,000 21,000 tBrinell Hardness, 10 1500 47 60 66 ' Typical Physical Properties Density, Lbs /Cu. in. 0,097 0.097 0.097 Melting Range, approx. °F 1100 -1200 1100 -1200 1100 -1200 Electrical Conductivity, % IACS at 20 °C(88 °F) 35 35 35 02841 -4 t t �j t t t 11 Thermal Conductivity, Btu at 25 °C (77 °F) 960 960 960 Average Coefficient of Thermal Expansion at 680 to 212 °F 0.0000132 0.0000132 0.0000132 These typical properties are average values. For more detailed information, consult specifications below. FABRICATING PERFORMANCE 5052 -0 5052 -1132 5052 -H34 Maximum thickness, 0 radius, 90° Cold Bend 1/8 in. 1/16 in. 1/32 in. Machining Good Good Good Brazing Fair Fair Fair Welding: Arc Excellent Excellent Excellent Gas Good Good Good Resistance Excellent Excellent Excellent GOVERNMENT AND INDUSTRIES SPECIFICATIONS 5052 -0 5052 -H32 5052 -H34 AMS 4015 4016 4017 ASTM B209,GR20A -0 B209, GR20A -H32 B209,GR20A -H34 Federal QQ -A -250/8 QQ -A -250/8 QQ -A -250/8 Military None None None SAE 201 201 201 Structural metal for concealed framing shall be of hot or cold rolled steel or structural aluminum as required to properly satisfy sign engineering specifications. C. Foam Tape: Provide polyurethane foam tape or "Isotac" laminate tape as manufactured by 3 -M, applied to sign components as required, non - visible. D. Hardware/Hinges: Provide and install all incidental hardware necessary for the proper functioning of the signs, including but not restricted to materials and products covered in this section. Provide stainless steel hinges for all hinged access panels. Provide pin tumbler with corrosion proof parts and mechanism locks for all access panels requiring locks. Provide stainless steel fasteners for assembling ferrous and non - ferrous metals. 02841 -5 t i] t d E. Insulation: Separate all ferrous and non - ferrous metals with non - conducive gaskets to prevent electrolysis. In addition, to gaskets, provide stainless steel fasteners for same case. 2.02 FI ISFHNG MATERIALS A. Clear Sealers: As required of highest quality available, applied per manufacturer's specifications: Crystal Clear Polyurethane Sealer. 2.03 FABRICATION OF SIGNS AND SUPPORTS A. General: Provide custom manufactured sign assemblies and components completely fabricated and finished at factory before delivery to site. Construct to accurate detail and dimensions as shown and as reviewed on shop drawings. Fit and assemble the Work at the shop to the greatest extent possible, and mark the components as required to facilitate assembly during installation. Exposed fasteners on finished faces will not be allowed, unless specifically indicated. Waviness and oil canning of surfaces is not acceptable. Minimum material thickness is to be 0.25 inches unless otherwise noted or accepted by CONSULTANT. B. Lettering: Letterforms having rounded positive and negative corners, nicked, cut, or ragged edges are not acceptable. Align letter forms to maintain a baseline parallel to the sign format. Maintain margins as indicated on Drawings. C. Seams and Joints: Welded joints shall be ground filled and finished flush and smooth with adjacent Work. Such seams shall be invisible after final finish has been applied. Spot welded joints shall not be visible on exterior of signs or bus shelters after final finish has been applied. No gaps, light leaks, waves, or oil canning will be permitted in Work. D. Metal Signs: Fabricate exposed surfaces uniformly flat and smooth, without distortion, pitting, or other blemishes. Form exposed metal edges to a smooth radius. Grind exposed welds and rough areas to make flush with adjacent smooth surfaces. Welding: Make welds continuous. Comply with American Welding Society, Aluminum Association, and Copper Development Association standards for the type of metal. Provide the alloy and type required for strength, workability, compatibility and color match after grinding smooth and finishing the fabricated product. 2. Fasteners: Provide tamper -proof bolts, nuts, screws, washers, anchors, and 02841 -6 i� other devices required to complete the Work. Use same basic metal alloy as the metal fastened, and finished to match color and texture. Use ' stainless steel 300 series alloy where joining dissimilar materials and weather seal. Use exposed fasteners only where indicated. Perform drilling and tapping at shop. Provide adhesive sealant, and other tnecessary materials as specified by CONSULTANT. 3. Dissimilar Materials: Where metal surfaces will be in contact with dissimilar materials, coat the surfaces with epoxy paint or provide other means of ' dielectric separation as recommended by manufacturer to prevent galvanic corrosion, separate all ferrous and non - ferrous metals with non - conductive gaskets, provide stainless steel fasteners to secure ferrous to non - ferrous I metals. Apply a bituminous coating to all metal surfaces that come in contact to any earth work, fill, etc. to resist corrosion. E. Hardware: Provide all incidental hardware necessary for the proper functioning of signs. External hardware shall conform to the external appearance of the sign and ' be tamper - proof. 2.04 SHOP APPLICATION OF SIGN A. Powdercoat and/or Linear Polyurethane Finishes: Clean the surfaces as required- for proper adhesion of coatings. Use 3M Co. "Scotch Brite" pads with cleanser and water, and/or chemically treat as recommended by paint manufacturer to remove deleterious film or residue. ' 1. Primer: Provide in strict accordance with paint manufacturer's recommendations as required for proper adhesion and application of finish. 2. Powdercoat and/or Linear Polyurethane Paint: Provide pre - treatment and primer in accordance with manufacturer's recommendation. 3. Powdercoat and/or Clear Linear Polyurethane Finish: Provide pre- treatment, primer, and gloss finish coatings in accordance with ' manufacturer's recommendations. Apply I.S. to 2.0 mils (0.0375 to 0.050 mm) dry film thickness. Apply in 2.0 mils (0.050) dry film thickness as recommended by manufacturer. 2.05 APPLICATION OF GRAPHICS ' 02841 -7 1 A. Acid - etched graphics and typography: Acid - etched typography and graphic imagery must be at least 1/16" deep, with clean, crisp, sharp edges; ragged or soft (polished out) edges will be rejected. Acid baths used for etching should be fresh and used in an environment and temperature that will provide the highest quality ' etched images. Colorfill as indicated on drawings, keeping inks true to the edges of letterforms /images. 1 B. Silk screened images and typography: Provide photo processed screening, arranged to furnish sharp and solid images without edge build -up or bleeding of the coating. Pattern cut screens may be used for non - repeat copy, provided that final image copy is equal to photo screen quality. Provide only weather resistant coating materials, compatible with the intended substrates. C. Vinyl Die -Cut and Pattern-Cut Graphics: Use pressure sensitive, non - yellowing, 1 non - peeling and weather resistant vinyl adhesive letters or images die cut from Scotchcal or ScotchLite as manufactured by 3M Company, applied in proper manner with 3M application tape as specified. Use approved fonts and equipment as specified. 2.06 APPLICATION OF SIGN ELEMENTS A. Preparation: Surfaces to receive the sign elements shall be clean, dry, and otherwise made ready for the application of materials. Accurately measure and layout the required marking configurations as indicated on drawings. B. Sign Graphics: Provide letters, numerals, symbols and other graphics markings, using finish materials shown. Apply the graphics neatly, uniformly proportioned and spaced, and accurate within the dimensions indicated. Prepare the substrate surfaces and apply finish materials in accordance with manufacturer's instructions. ' PART 3 - EXECUTION 1 3.01 PRE - INSTALLATION A. Verification of Conditions: Examine the areas to receive the Work and the 1 conditions under which the Work would be performed. CONTRACTOR shall notify CONSULTANT of all conditions detrimental to the proper and timely completion of the Work. 1 B. Pre - Installation Meeting: A pre - installation meeting will be held with CONSULTANT and CONTRACTOR to mutually agree on all installation details, 02841 -8 1 t placement, access, etc. ' 3.02 INSTALLATION OF SIGNS A. General: Complete installation shall be in accordance with manufacturer's printed instructions and accepted shop drawings, to produce Work complying with the Contract Documents. The CONTRACTOR will be responsible for daily clean -up ' of their areas of Work. B. Erection of Signs: Set and attach the Work accurately in location, alignment and elevation, plumb, level and true, as measured from established reference points and from other Work already in place. Fit components accurately together to from tight joints and secure connections. Coordinate with other trades as necessary, if applicable. 3.03 ADJUSTING ' 1 repair minor blemishes or marring on finished surfaces so that repairs are Neatly p g imperceptible. Completely replace components having permanent non - removable scratches, stains, or other defacement. ' 3.04 CLEANING Upon completion of the Work, remove unused materials, debris, containers and equipment from the project site. Remove protective coverings and clean the exposed surfaces of the work to remove dirt, stains and other substances, by methods as recommended by manufacturer. 3.05 PROTECTION Protect the Work during the construction period so that it will be without any indication of use or damage. Leave the Work clean and free from defects at time of CONSULTANT'S acceptance. ' 3.06 FINAL WALK - THROUGH AND PUNCHLIST A final walk - through will be held with CONSULTANT to review the finished installation. CONSULTANT will prepare a punchlist of all items requiring modification. ' The CONSULTANT reserves the right to reject all or part of the signs that do not correspond to the Contract Documents and specifications or the approved shop drawings, lettering patterns, samples, etc. 1 02841 -9 1 3.07 GUARANTEE CONTRACTOR to provide full guarantee of all workmanship, materials, equipment, etc. of this installation for a period of one(l ) year, after final acceptance. CONTRACTOR shall replace /repair any defective Work within a reasonable and agreed upon time period after notification by CONSULTANT, throughout the duration of this period. 3.08 FABRICATION ERRORS: If the Fabricator has made an error in copy, color, material, quality, etc. these items must be corrected as soon as possible after CONSULTANT'S observation of error (at no additional cost to the CITY). CONSULTANT will notify the fabricator with a written punch list as errors are discovered. END OF SECTION 02841 -10