HomeMy WebLinkAboutAddendum No.1I
SECTION 00900
Addendum No. 1 (June 23, 2005)
to
Contract documents
CITY OF SUNNY ISLES BEACH
Median Fencing Improvements
CGA PROJECT NO. 03- 4138.13
CITY BID NO. 05 -06 -01
To All Bidders:
Bidders for the above - referenced project shall take note of the following changes, additions,
deletions, clarifications, etc. to the Plans and Specifications, which in accordance with the
Contract Documents shall become a part of and have precedence over anything shown or
described otherwise.
IN THE CONTRACT DRAWINGS:
1. Add Sheet C -7 to the drawing documents.
2. Revised sheet numbers on all plan sheets to include C -7.
All other documents, specifications, drawings, terms and conditions remain the same.
Bidders must acknowledge receipt of Addendum on Page 00300 -3.
06/05
END OF SECTION
900 -1
03- 4138.B
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FUSE EXTENDED CONGESTION, THE
1. THE CONTRACTOR SHALL CONFIRM THAT EXISTING SI
UNTIL SUCH TIME AS TRAFFIC FLOW
MAINTENANCE OF TRAFFIC. THE CONTRACTOR SHALL
CONFLICT WITH TRAFFIC CONTROL DURING CONSTRU(
STING SIGNS WITHIN THE PROJECT LIMITS.
NGINEER PRIOR TO THE BEGINNING OF CONSTRUCTION.
2. INSTALL CONSTRUCTION SIGNING PRIOR TO COMMEN
SIGNING DURING CONSTRUCTION IN ACCORDANCE WIl THE CONTRACTOR AT NO ADDITIONAL EXPENSE.
SSARY SO AS TO AVOID CONFLICT
REFERENCED IN EACH PHASE.
3. THE SPEED AS POSTED WILL REMAIN FOR EACH L0'
? -4770) FOR VERIFICATION OF UTILITY LOCATIONS.
4. THE CONTRACTOR SHALL OPEN ALL LANES OF TRAF
DURING PEAK HOURS AND INACTIVE WORK ZONES. FICE OF A HURRICANCE OR
AND 5:00 AM TO 7:00 PM. THE ENGINEER MAY ACURATION OF THE EVACUATION OR EVENT AS
--DOT INDICES 600, AND 623.
PAY ITEMKS
102 -1
1 102 -74-
rtor�w aec�sra� non n,. z�e�s N.T.S.
C7
03 -4138
w raa
°OE MOT -NOTES I a 7
EJCDC
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of
in the
CITY OF SUNNY ISLES BEACH (hereinafter called OWNER) an(
Florida Corporation hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as
follows:
Article 1. WORK
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents as are
defined in the "Standard General Conditions of the Construction Contract" 1996 Edition "General
Conditions ". The Work is generally described as follows:
Construction of a fencing system consisting of furnishing and installing 1,175 +/- linear feet of
three -foot (3') high black metal picket fence and repairing /resetting 16 +/- linear feet of existing
three -foot (3') high black metal picket fence.
Article 2. ENGINEER.
The Project has been designed by: CALVIN, GIORDANO & ASSOCIATES, INC.
1800 Eller Drive, Suite 600
Fort Lauderdale, Florida 33316
who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents
in connection with completion of the Work in accordance with the Contract Documents.
Article 3. CONTRACT TIMES.
3.1. The work will be substantially completed within 60 days after the date when the Contract
Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed
and ready for final payment in accordance with paragraph 14.07 of the General Conditions within
90 days after the date when the Contract Times commence to run.
3.2. LIQUIDATED DAMAGES. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in
accordance with Article 12 of the General Conditions. They also recognize the delays, expense and
difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on
time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that
as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five
Hundred and 00 /100 dollars ($500.00) for each day that expires after the time specified in
paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial
Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within
the time specified in paragraph 3.1 for completion and readiness for final payment or any proper
06/05 00500 -1 03- 4138.B
extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Five Hundred
00 /100 dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for
completion and readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs
4.1 and 4.2 below:
4.1. for all Work other than Unit Price Work, a Lump Sum of:
N/A
(use words)
($ N/A
figures
All specific cash allowances are included in the above price and have been computed in accordance
with paragraph 11.02 of the General Conditions;
plus
4.2. for all Unit Price Work, an amount equal to the sum of the established unit price for each
separately identified item of Unit Price Work times the estimated quantity of that item as indicated
in this paragraph 4.2:
UNIT PRICE WORK
Refer to Exhibit "A"
TOTAL OF ALL UNIT PRICES One Hundred Sixty One Thousand One Hundred Sixty Five
dollars and 00 /100
$161,165.00
As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and
determinations of actual quantities and classification are to be made by ENGINEER as provided in
paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph
11.03.B of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1. Progress Payments; Retainage. OWNER shall make progress payments on account of
the contract Price on the basis of CONTRACTOR's Applications for Payment as recommended by
ENGINEER, on or about the last day of each month during construction as provided in
paragraphs 5.1.1. and 5.1.2. below. All such payments will be measured by the schedule of values
established in paragraph 2.07 of the General Conditions (and in the case of Unit Price Work based
06/05 00500 -2 03- 4138.B S I
on the number of units completed) or, in the event there is no schedule of values, as provided in the
General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in each case, less the aggregate of payments
previously made and less such amounts as ENGINEER shall determine, or OWNER may
withhold, in accordance with paragraph 14.02 of the General Conditions.
90 % of Work completed (with the balance being retainage). If Work has been
50% completed as determined by ENGINEER, and if the character and progress
of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on
recommendation of ENGINEER, may determine that as long as the character and
progress of the Work remain satisfactory to them, there will be no additional
retainage on account of Work completed, in which case the remaining progress
payments prior to Substantial Completion will be in an amount equal to 100% of
the Work completed.
90 % (with the balance being retainage) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied by
documentation satisfactory to OWNER as provided in paragraph 14.02 of the
General Conditions and within Section 9 -6.5 partial payments as provided in
FDOT Standard Specifications for Road and Bridge Construction.
5.1.2. When circumstances beyond the CONTRACTORS control arise (as determined by
the OWNER) the OWNER may allow the total payment to the CONTRACTOR to
increase to 98% of the contract price (with the balance being retainage), less such
amounts as ENGINEER shall determine, only after receipt of the final as- builts and upon
substantial completion of the project and in accordance with Paragraph 14.02 of the
General Conditions.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with
paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price
as recommended by ENGINEER as provided in said paragraph 14.07.
Article 6. INTEREST. (Not Applicable)
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the
Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents
including "technical data."
7.2. CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance or furnishing of the
Work.
06/05 00500 -3 03- 4138.13 S I
7.3. CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4. CONTRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground Facilities)
which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1. of the
General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of
the Supplementary Conditions of the extend of the "technical data" contained in such reports and
drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the
General Conditions. CONTRACTOR acknowledges that such reports and drawings are not
Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR
acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with respect to
Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully
studied (or assumes responsibility for having done so) all such additional supplementary
examinations, investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect
cost, progress, performance or furnishing of the Work or which relate to any aspect of the means,
methods, techniques, sequences and procedures of construction to be employed by
CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not
consider that any additional examinations, investigations, explorations, tests, studies or data are
necessary for the performance and furnishing of the Work at the contract Price, within the Contract
Times and in accordance with the other terms and conditions of the Contract Documents.
7.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the site that relates to the Work as indicated in the Contract Documents.
7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and data with
the Contract Documents.
7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents
are generally sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8.1. This Agreement (pages 1 to 0 inclusive).
8.2. Exhibits to this Agreement (page) A -1 inclusive).
8.3. Performance, Payment, and other Bonds, identified as exhibits 00600 and 00601
consisting of 4 pages.
06/05 00500 -4 03- 4138.B 5 I B
8.4. Notice to Proceed.
8.5. General Conditions (pages 1 to 42 , inclusive).
8.6. Supplementary Conditions (pages 0800 -1 to 00800 -6 , inclusive).
8.7. Specifications bearing the title Median Fencing Improvements and consisting
of 3 divisions, as listed in Table of Contents thereof.
8.8. Drawings consisting of a cover sheet and sheets numbered C1 through C6, inclusive with
each sheet bearing the following general title: SEE ARTICLE 9
8.9. Addenda 1, inclusive.
8.10. CONTRACTOR's Bid (pages 00300 -1 through 00300 -3 inclusive).
8.11. Documentation submitted by CONTRACTOR prior to Notice of Award (pages N/A to
- inclusive).
8.12. The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto: All Written Amendments and other documents amending, modifying or
supplementing the Contract Documents pursuant to paragraph 3.04 of the General Conditions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly
noted otherwise above).
There are no Contract Documents other than those listed above in this Article 13. The Contract
Documents may only be amended, modified or supplemented as provided in paragraph 3.04 of the General
Conditions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions
will have the meanings indicated in the General Conditions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party thereto without the written consent of the
party sought to be bound; and, specifically but without limitation, moneys that may
become due and moneys that are due may not be assigned without such consent (except to
the extent that the effect of this restriction may be limited by law), and unless specifically
stated to the contrary in any written consent to an assignment no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the Contract
Documents.
06/05 00500 -5 03- 4138.B S I B
9.4. Any provisions or part of the Contract Documents held to be void or unenforceable under
any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents
shall be reformed to replace such stricken provisions or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
9.5. OTHER PROVISIONS.
9.5.1. DRAWINGS
Median Fencing Improvements
(CGA Project No. 03 -4138)
DESCRIPTION
SHEET NO.
Cover Sheet
Collins Avenue Fencing Plan
Cl
Collins Avenue Fencing Plan
C2
Collins Avenue Fencing Plan
C3
Collins Avenue Fencing Plan
C4
Fencing Details
C5
Fencing Notes
C6
9.5.2. The CONTRACTOR agrees to indemnify and save harmless the CITY OF SUNNY
ISLES BEACH, AND CALVIN GIORDANO & ASSOCIATES, INC., Civil Engineers -
Planners- Surveyors, their agents and employees, from or on account of any injuries or damages
received or sustained by any person or person during or on account of any operations connected with
the construction of these roadway improvements; or by or in consequence of any negligence in
connection with the same; or by use of any improper materials or by or on account of any act or
omission of the said Contractor, subcontractor, agents, servants, or employees; and
9.5.3. The CONTRACTOR agrees to maintain in force at all times during the life of the
construction, public liability insurance, by separate certificate, in an amount not less than $1,000,000
for injuries, including willful death, to any one person and subject to those same limits for each
person, in an amount not less that $1,000,000 for damages as a result of each occurrence and
property damage insurance and in an amount not less than $1,000,000 for damages on any one
occurrence. Such policy shall specifically protect the CITY OF SUNNY ISLES BEACH, AND
CALVIN, GIORDANO & ASSOCIATES, INC., Civil Engineers- Planners- Surveyors, their
agents and employees, by making them an additional insured, and shall not be modified or canceled
without thirty (30) days written notice to the CITY OF SUNNY ISLES BEACH. Certificates
evidencing the coverage stated herein shall be provided simultaneously with Contractor's execution
of this Agreement.
9.5.4 Should the final completion and acceptance of the work herein embraced together with
any modification or additions be delayed beyond the time herein set because of lace of performance
by the Contract, it is understood and agreed that aside from any other liquidated damage per day for
such delay from such time until the work is completed and accepted as herein provided, all costs of
engineering and inspection on behalf of the Owner will be charged to the contractor and deducted
from any estimate or payment otherwise due and payable to him from time to time. The costs of
06/05 00500 -6 03- 4138.6 S I B
engineering and inspection which may be charged to the Contractor by the Owner under this article
shall be equal to the Engineer's charges to the Owner.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in Five (5)
parts. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All
portions of the Contract Documents have been signed, initialed or identified by OWNER and
CONTRACTOR or identified by ENGINEER on their behalf.
This Agreement will be effective on , 2005 (which is the Effective Date of the Agreement).
ATTEST:
[CORPORATE SEAL]
attached
Fence Master Inc.
3550 NW 54`h Street
Miami, FL 33142
By
[CORPORATE SEAL]
Address for giving notices
License No.
Agent for service of process
(If CONTRACTOR is a corporation,
evidence of authority to sign).
06/05 00500 -7 03- 4138.13 SIB
SIGNATURE PAGE FOR CONTRACTS /AGREEMENTS
CITY EXECUTIONS
IN WITNESS WHEREOF, the parties hereto have made and executed this (Agreement or
Contract) on the respective dates under each signature: City of Sunny Isles Beach through its City
Commission, signing by and through its Mayor, authorized to execute same by Commission action on the
day of , 2005; and CONTRACTOR authorized to execute same.
ATTEST:
Jane Hines, City Clerk
Approved as to form and legal sufficiency
Office of the City Attorney
B
ans ot, City Attorney
ti day of 2005
CITY OF SUNNY ISLES BEACH, through its
City Commission
In
day of , 2005
By: --
Christopher J. Russo, City Manager
day of , 2005
(CITY SEAL)
06/05 00500 -8 03- 4138.B S I B
CERTIFICATE AS TO CORPORATE PRINCIPAL
certify that I am the
of
and that
who signed the Bid with City of Sunny Isles, Dade County
Florida for
CGA Project No.
is of said Corporation with full authority to sign said Bid on behalf of
the Corporation.
Signed and sealed this day of 12005.
(SEAL)
Signature
Typed waitle
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
SWORN TO AND SUBSCRIBED before me this _ day of , 2005.
My Commission Expires:
Notary Public
06/05 00500 -9 03- 4138.B
CERTIFICATE AS TO AUTHORIZED CORPORATE PERSONNEL
I, certify that I am the of
, who signed
the Bid with City of Sunny Isles Beach, Dade County Florida for the project titled
, Calvin, Giordano & Associates, Inc. Project No.
and that the following persons have the authority to sign payment requests on
behalf of the Corporation:
(Signature)
(Signature)
(Signature)
Signed and sealed this day of
(SEAL)
I. 1
STATE OF FLORIDA
COUNTY OF MIAMI -DADE
SWORN TO AND SUBSCRIBED before me this _ day of
My Commission Expires:
(Typed Name w /Title)
(Typed Name w /Title)
(Typed Name w /Title)
Signature
Typed w/Title
Notary Public
2005.
06/05 00500 -10 03- 4138.B SIB
EXHIBIT A
Median Fencing Improvements
UNIT PRICE BID SCHEDULE
Item Estimated
No. Description Quantity Unit Unit Price Estimated Amount
I. FENCING
1 Furnish and Install Three -Foot (3') High Black
Metal Picket Fence.
2 Repair /Reset Three -Foot (3') High Black Metal
Picket Fence.
3 Furnish and Install Six -Foot (6') High Black
Metal Picket Fence. (Future Installation)
4 Furnish and Install Eight -Foot (8') High Black
Metal Picket Fence. (Future Installation)
SUBTOTAL FENCING
II. GENERAL
5 Maintenance of Traffic
6 Mobilization and Demobilization of all
equipment and personnel (10% of Subtotal)
7 Contingency (10% of Subtotal)
SUBTOTAL GENERAL
GRAND TOTAL (Items 1 -7)
(Authorized Signature)
Contractor
06/05 A -1
1,175
LF
$
57.00
$
66,975.00
16
LF
$
57.00
$
912.00
500
LF
$
52.00
$
26,000.00
500
LF
$
75.00
$
37,500.00
$
131,387.00
1 LS $ 3,500.00 $ 3,500.00
1 LS $ 13,139.00 $ 13,139.00
1 LS $ 13,139.00 $ 13,139.00
$ 29.778.00
(Written)
$ 161.165.00
(Date)
03- 4138.B
S, V
Construction Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. .
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
OWNER (Name and Address):
CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
CONSTRUCTION CONTRACT
Date:
Amount: $
Description (Name and Location):
Median Fencing Improvements
Bid No. 05 -06 -01
Project No. 03- 4138.13
City of Sunny Isles Beach
BOND
Date (Not earlier than Construction Contract Date):
Amount: $
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL SURETY
Company (Corp. Seal) Company
Signature:
Name and Title:
Signature:
Name and Title:
CONTRACTOR AS PRINCIPAL SURETY
Company (Corp. Seal) Company
Signature:
Name and Title:
Signature:
Name and Title:
00600 -1
EJCDC No. 1910 -28B (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated
General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty
Contractors.
(Corp. Seal)
(Corp. Seal)
03- 4138.13
I. The Contractor and the Surety, jointly and severally, bind themselves, their
heirs, executors, administrators, successors and assigns to the Owner for the
performance-of the Construction Contract, which is incorporated herein by
reference.
2. With respect to the Owner, this obligation shall be null and void if the
Contractor:
2.1. Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2. Defends, indemnifies and holds harmless the Owner from all claims,
demands, liens or suits by any person or entity who furnished labor,
materials or equipment for use in the performance of the Construction
Contract, provided the Owner has promptly notified the Contractor
and the Surety (at the address described in Paragraph 12) of any
claims, demands, liens or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the Surety, and provided
there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if the
Contractor promptly makes payment, directly or indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by or have a direct contract with the
Contractor have given notice to the Surety (at the address described in
Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with substantial
accuracy, the amount of the claim.
4.2. Claimants who do not have a direct contract with the-Contractor:
I. Have furnished written notice to the Contractor and sent a copy,
or notice thereof, to the Owner, within 90 days after having last
performed labor or last furnished materials or equipment
included in the claim stating, with substantial accuracy, the
amount of the claim and the name of the party to whom the
materials were furnished or supplied or for whom the labor was
done or performed: and
2. Have either received a rejection in whole or in part from the
Contractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor by which
the Contractor has indicated the claim will be paid directly or
indirectly: and
3. Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address described in
paragraph 12) and sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this Bond and enclosing
a copy of the previous written notice furnished to the
Contractor.
5. If a notice required by Paragraph 4 is given by the Owner to the Contractor
or to the Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of Paragraph 4, the Surety
shall promptly and at the Surety's expense take the following actions:
6.1. Send an answer to the Claimant, with a copy to the Owner, within 45
days after receipt of the claim, stating the amounts that are undisputed
and the basis for challenging any amounts that are disputed.
6.2. Pay or arrange for payment of any undisputed amounts.
7. The Surety's total obligation shall not exceed the amount of this Bond, and
the amount of this Bond shall be credited for any payments made in good faith
by the Surety.
8. Amounts owned by the Owner to the Contractor under the Construction
Contract shall be used for the performance of the Construction Contract and to
satisfy claims, if any, under any Construction Performance Bond. By the
Contractor furnishing and the Owner accepting this Bond, they agree that all
funds earned by the Contractor in the performance of the_ Construction_Cont = ,
are dedicated to satisfy obligations of the Contractor and the Surety under this
Bond, subject to the Owner's priority to use the funds for the completion of the
work.
9. The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Construction Contract.
The Owner shall not be liable for payment of any costs or expenses of any
Claimant under this Bond, and shall have under this Bond no obligations to make
payments to, give notices on behalf of, or otherwise have obligations to
Claimants under this Bond.
10. The Surety hereby waives notice of any change, including changes of time,
to the Construction Contract or to relate subcontracts, purchase orders and other
obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other
than in a court of competent jurisdiction in the location in which the work or part
of the work is located or after the expiration of one year from the date (1) on
which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2
(iii), or (2) on which the last labor or service was performed by anyone or the last
materials or equipment were furnished by anyone under the construction
Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph
are void or prohibited by law, the minimum period of limitation available to
sureties as a defense in the jurisdiction of the suit shall be acceptable.
12. Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page. Actual receipt of notice by
Surety, the Owner or the Contractor, however accomplished, shall be sufficient
compliance as of the date received at the address shown on the signature page.
13. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be performed,
any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or
other legal requirement shall be deemed incorporated herein. The intent is, that
this Bond shall be construed as a statutory bond and not as a common law bond.
14. Upon request by any person or entity appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly furnish a copy of this
Bond or sha11 permit a copy to be made.
15. DEFINITIONS
15.1. Claimant: An individual or entity having a direct contract with the
Contractor or with a subcontractor of the Contractor to fumish labor,
materials or equipment for use in the performance of the Contract.
The intent of this Bond shall be to include without limitation in the
terms "labor, materials or equipment" that part of water, gas, power,
light, heat, oil, gasoline, telephone service or rental equipment used in
the Construction Contract, architectural and engineering services
required for performance of the work of the Contractor and the
Contractor's subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction where the labor,
materials or equipment were furnished.
15.2. Construction Contract: The agreement between the Owner and the
Contractor identified on the signature page, including all Contract
Documents and changes thereto.
15.3. Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with the
other terms thereof.
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other a
P rh'):
EJCDC No. 1910 -28B (1984 Edition) 00600 -2 03-4138.13
Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated
General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty
Contractors.
Construction Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business):
OWNER (Name and Address):
CITY OF SUNNY ISLES BEACH
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
CONSTRUCTION CONTRACT
Date:
Amount: $
Description (Name and Location):
Median Fencing Improvements
Bid No. 05 -06 -01
Project No. 03- 4138.B
City of Sunny Isles Beach
BOND
Date (Not earlier than Construction Contract Date):
Amount: $
Modifications to this Bond Form:
CONTRACTOR AS PRINCIPAL SURETY
Company (Corp. Sea]) Company (Corp. Seal)
Signature: Signature:
Name and Title: Name and Title:
CONTRACTOR AS PRINCIPAL SURETY
Company (Corp. Seal) Company (Corp. Seal)
Signature: Signature:
Name and Title: Name and Title:
00601 -1 03- 4138.13
EJCDC No. 1910 -28A (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated
General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty
Contractors.
I . The Contractor and the Surety, jointly and severally, bind themselves, their
heirs, executers, administrators, successors and assigns to the Owner for the
performance of the Construction Contract, which is incorporated herein by
reference.
2. If the Contractor performs the Construction Contract, the Surety and the
Contractor shall have no obligation under this Bond, except to participate in
conferences as provided in Subparagraph 3.1.
3. If there is no Owner Default, the Surety's obligation under this Bond shall
arise after:
3.1. The Owner has notified the Contractor and the Surety at its address
described in Paragraph 10 below, that the Owner is considering
declaring a Contractor Default and has requested and attempted to
arrange a conference with the Contractor and the Surety to be held
not later than fifteen days after receipt of such notice to discuss
methods of performing the Construction Contract. If the Owner,
the Contractor and the Surety agree, the Contractor shall be
allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right, if any,
subsequently to declare a Contractor Default: and
3.2. The Owner has declared a Contractor Default and formally
terminated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as
provided in Subparagraph 3.1: and
3.3. The Owner has agreed to pay the Balance of the Contract Price to
the Surety in accordance with the terms of the Construction
Contract or to a contractor selected to perform the Construction
Contract in accordance with the terms of the contract with the
Owner.
4. When the Owner has satisfied the conditions of Paragraph 3, the Surety
shall promptly and at the Surety's expense take one of the following actions:
4.1. Arrange for the Contractor, with consent of the Owner, to perform
and complete the Construction Contract: or
4.2. Undertake to perform and complete the Construction Contract
itself, through its agents or through independent contractors: or
4.3. Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract to
be prepared for execution by the Owner and the contractor selected
with the Owner's concurrence, to be secured with performance and
payment bonds executed by a qualified surety equivalent to the
bonds issued on the Construction Contract, and pay to the Owner
the amount of damages as described in Paragraph 6 in excess of the
Balance of the Contract Price incurred by the Owner resulting from
the Contractor's default: or
4.4. Waive its right to perform and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under
the circumstances:
1. After investigation, determine the amount for which it may
be liable to the Owner and, as soon as practicable after the
amount is determined, tender payment therefor to the Owner:
or
2. Deny liability in whole or in part and notify the Owner citing
reasons therefor.
5. If the Surety does not proceed as provided in Paragraph 4 with reasonable
promptness, the Surety shall be deemed to be in default on this Bond fifteen days
after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Bond, and the
Owner shall be entitled to enforce any remedy available to the Owner. If the
Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in whole or in part, without
further notice the Owner shall be entitled to enforce any remedy available to the
Owner.
6. After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph 4.1,
4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be
greater than those of the Contractor under the Construction Contract, and the
responsibilities of the Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the amount of this Bond.
but subject to commitment by the Owner of the Balance of the Contract Price to
mitigation of costs and damages on the Construction Contract, the Surety is
obligated without duplication for
6.1. The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract:
6.2. Additional legal, design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or
failure to act of the Surety under Paragraph 4: and
6.3. Liquidated damages, or if no liquidated damages are specified in
the Construction Contract, actual damages caused by delayed
performance or non - performance of the Contractor.
7. The Surety shall not be liable to the Owner or others for obligations of the
Contractor that are unrelated to the Construction Contract, and the Balance of the
Contract Price shall not be reduced or set off on account of any such unrelated
obligations. No right of action shall accrue on this Bond to any person or entity
other than the Owner or its heirs, executors, administrators, or successors.
8. The Surety hereby waives notice of any change, including changes of time,
to the Construction Contract or to related subcontracts, purchase orders and other
obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in
any court of competent jurisdiction in the location in which the work or part of
the work is located and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased working or within two
years after the Surety refuses or fails to perform its obligations under this Bond,
whichever occurs first. If the provisions of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be performed,
any provision in this Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions conforming to such statutory or
other legal requirement shall be deemed incorporated herein. The intent is that
this Bond shall be construed as a statutory bond and not as a common law bond.
12. Definitions.
12.1. Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received by the Owner
in settlement of insurance or other claims for damages to which the
Contractor is entitled, reduced by all valid and proper payments
made to or on behalf of the Contractor under the Construction
Contract.
12.2. Construction Contract: The agreement between the Owner and the
Contractor identified on the signature page, including all Contract
Documents and changes thereto.
12.3. Contractor Default: Failure of the Contractor, which has neither
been remedied nor waived, to perform or otherwise to comply with
the terms of the Construction Contract.
12.4. Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with
the other terms thereof.
(FOR INFORMATION ONLY —Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party):
00601 -2 03-4138.B
EJCDC No. 1910 -28A (1984 Edition)
Prepared through the joint efforts of the Surety Association of America, Engineers' Joint Contract Documents Committee, The Associated
General Contractors of America, American Institute of Architects, American Subcontractors Association, and the Associated Specialty
Contractors.
DOCUMENT 00650
ACKNOWLEDGEMENT OF CONFORMANCE
WITH O.S.H.A. STANDARDS
TO: THE CITY OF SUNNY ISLES BEACH
We acknowledge and agree that as contractors for
the construction of the "Fencing Median Improvements ", that we have the sole responsibility for
compliance with all requirements of the Federal Occupational Safety and Health Act of 1970, and all
State and Local Safety and Health regulations, and agree to indemnify and hold harmless the City of
Sunny Isles Beach, and Calvin, Giordano & Associates, Inc., Consulting Engineers against any and all
legal liability or loss the District or the Engineer may incur due to
failure to comply with such act.
ATTEST
ATTEST
I:
Title:
DATE
END OF DOCUMENT
CONTRACTOR
06/05 00650 -1 03- 4138.13